SWIF is an investment company with variable capital - specialized investment fund with multiple sub-funds, governed by the laws of the Grand Duchy of Luxembourg, in particular the law of 13th February 2007 relating to specialized investment funds, as amended from time to time ("2007 Law") and by circular letter 07/309 of 3 August 2007 issued by the Luxembourg supervisory authority, the CSSF, in relation to risk spreading in the context of SIFs, organized in the in the legal form of a partnership limited by shares, registered with the Luxembourg Trade and Companies Register under the number B 181.280 (the “R.C.S.”)
Please read the following carefully:
—› The information contained in this site is intended exclusively for investors who possess the experience and expertise to make their own investment decisions including the capacity to properly assess and acknowledge the characteristics and inherent risks of alternative investment funds (‘AIF’s). The information provided on this site is not intended for use by retail investors. Should you proceed to access this site, you will be representing and warranting that you are an eligible investors or other eligible investor in your country of residency, as described above. Prior to entering into any legal relation, prove of your qualification as an eligible investor must be provided to SWIF in order to first, as a preliminary step, to assess your qualification and ratify your eligibility.
—› As our website evolves and new technologies come into use, it may become necessary to amend the privacy statement. SWIF reserves the right to update its privacy statement at any time and have this take effect on a future date. For this reason, we recommend you reread the current version from time to time.
—› The information of this site is addressed exclusively to those users that have read and accepted the terms and conditions of the present legal notice and who qualify as eligible investor.
1. No offer nor solicitation
Any information found on this website may not be considered as, an offer, investment advice or recommendation or solicitation to deal in any of the investments or funds mentioned herein, by anyone in any jurisdiction in which such offer or solicitation would be unlawful or in which the person making such offer or solicitation is not qualified to do so or to anyone to whom it is unlawful to make such offer or solicitation.
In no case, any relevant material may be accessed nor used by any visitor of the present webpage without prior assessment by the Board and confirmation of the visitor’s eligibility. In line with its current status, SWIF does not operate any distance marketing activity and no materials to formally subscribe or commit to subscribe for shares may be obtained on the present site.
2. Only for eligible investor
SWIF is not registered under the United States Securities Act of 1933, nor the United States Investment Company Act of 1940 and therefore may not directly or indirectly be offered or sold in the United States of America or any of its states, territories, possessions or other areas subject to its jurisdiction or to or for the benefit of a United States Person.
For the purpose of the alternative investment fund manager directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on alternative investment fund managers and amending directives 2003/41/EC and 2009/65/EC and Regulations (EC) N° 1060/2009 and (EU) N° 1095/2010 (AIFM Directive); and the AIFM Law, the SWIF is an "externally managed alternative investment fund" with the General Partner as its external alternative investment fund manager.
In its capacity as external alternative investment fund manager, the General Partner has only one alternative investment fund under management, being the Fund, whose total assets under management, including assets acquired through use of leverage, in total do not exceed a threshold of one hundred million euros (EUR 100,000,000.-) and therefore benefits from the exemption from authorization under the AIFM Law provided in Article 3 of the AIFM Law.
Well-informed investors should therefore note that, unless and until the General Partner becomes compliant with the AIFM Directive or another entity duly authorized as an AIFM under the AIFM Directive is appointed as external AIFM of the Fund, neither the Fund nor the General Partner will benefit from any of the rights granted under, or be subject to the obligations applicable under, the AIFM Directive and the AIFM Law.
The General Partner is currently subject only to the "de minimis" obligations applicable to AIFMs under article 3 “Exemptions” of the AIFM Law.
The General Partner will monitor on a daily basis its total assets under management for the purpose of the AIFM Directive and compliance with the "de minimis" thresholds. If, at a certain point in time, the Fund's total assets under management were to exceed the applicable threshold and the General Partner believes that this situation is not of a temporary nature, the General Partner will submit an application to become authorized as an AIFM subject to the full requirements of the AIFM Directive and the AIFM Law or see to it that another entity duly authorized as an AIFM under the AIFM Directive be appointed as external AIFM of the Fund.
3. No investment advice
This website may not be used as a substitute for specific financial or other professional advice and users should seek financial or other professional advice before using information gathered on this website. Nothing on this website constitutes an advice or a recommendation by SWIF or its affiliates to buy or sell any investments.
The information in respect of SWIF and its services and products is provided for personal use and information purposes only. You should not rely on this information and should obtain relevant and specific professional advice. Nothing on this Website constitutes or should be construed to constitute investment, legal, tax or other advice.
Please note that the value of investments in financial products or services may rise or fall and that past performances are not indicative of future results. Market and exchange rate movements may cause the capital value of shares, and the income from them, to go down as well as up and the investor may not get back the amount originally invested. Tax treatment depends on the individual circumstances of each investor and may be subject to change in the future. You should obtain specific professional advice before making any investment decision.
4. Access of this site
Our website is intended exclusively for users who are legally entitled to access its contents. It is not intended for persons in countries which prohibit the provision of, access to and use of these contents. Where and in so far as persons are subject to restrictions on use as a result of their nationality, place of residence or other reasons, they may not access or use the website. Please find out about any existing restrictions on use in advance and comply accordingly.
5. No legal relationship
SWIF and the user shall not be considered as entering into a legal relationship by the sole use of this website, or of any information contained therein, by the user.
The information on this website is provided from sources that SWIF believes, in good faith, to be reliable, but no representation or warranty is made and no guarantee is given by SWIF as to its accuracy or completeness. Moreover, all information is subject to change without notice.
Certain information contained herein is based on data obtained from third parties and, although believed to be reliable, has not been independently verified by anyone at or affiliated with SWIF; its accuracy or completeness cannot be guaranteed. No representation or warranty, expressed or implied, is made or can be given with respect to the accuracy or completeness of the information in this presentation or to the effect that any future offer of Interests will conform to the terms described in this presentation.
This discussion material contains forward-looking statements, which give current expectations of the Fund’s future activities and future performance. Although the assumptions underlying the forward-looking statements contained herein are believed to be reasonable, any of the assumptions could be inaccurate and, therefore, there can be no assurances that the forward-looking statements included in this discussion material will prove to be accurate. In light of the significant uncertainties inherent in the forward-looking statements included herein, the inclusion of such information should not be regarded as a representation that the objectives and plans discussed herein will be achieved. Conditions and events that are not accounted for may have a significant effect on the performance of the Interests and/or the Fund’s investments. Further, no person undertakes any obligation to revise such forward-looking statements to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events. No representation or guarantee is being made as to the future investment performance of the Fund and actual returns may vary significantly from the preliminary projections herein. An investor may lose all or a substantial portion of its investment in the Fund.
SWIF accepts no liability whatsoever for any damage or loss that may arise from any use of this website or its contents or in connection therewith. The users of this website shall be solely responsible for making their own independent investigation of the business, financial condition and prospects of companies referred to in the website.
Any disputes arising in connection with information provided on this website shall be submitted to the exclusive jurisdiction of the competent tribunals of Luxembourg city pursuant to the laws of the Grand Duchy of Luxembourg.
This website may contain hyperlinks to other websites. SWIF does not sponsor, approve or is in other way involved with the contents of any such sites. SWIF accepts no liability whatsoever regarding the information provided on any other sites and assumes no liability for any illegal, inaccurate or incomplete content on those websites to which the user has been referred and especially in the case of any damages that result from the use of such incorrect information. SWIF has no influence on the current and future content of other websites to which the hyperlink(s) refer.
No website, person or any other third party is permitted to link any page, image or other content of this website without obtaining the prior written consent of SWIF. However, SWIF does not guarantee and the user may not assume that such prior written consent exists for each link.
8. Confidentiality of the information
This document may not be distributed, published, reproduced or transmitted in whole or in part, and by accepting delivery of this document, you agree to keep the information it contains strictly private and confidential.
9. Personal data
All information about customers, staff and all visitors to our website is considered to be highly sensitive and treated confidentially and solely in accordance with statutory provisions. This applies in particular to personal data and may include (without being limited to):
- Client IP address;
- Date and time of access;
- Name and URL of the accessed file;
- Volume of transmitted data;
- Notification that access was successful;
- Data identifying the browser software and operating system;
- Website from which our site was accessed;
- Name of your Internet service provider.
We fully comply with the relevant data protection regulations, In particular, the European Data Protection Directive (Directive 95/46/CE of 24 October 1995). Imposing wide-ranging obligations regarding the collection, storage and use of personal information relating to employees and customers. Its regulations are transposed in the modified Luxembourg law of 2 August 2002 on the protection of persons with regard to the processing of personal data (the “2002 Law”) implemented the Data Protection Directive amended (and simplified) by the law of 27 July 2007 (the “2007 Law”) which had two main objectives:
(I) Simplify the compulsory formalities to be accomplished during data treatments;
(II) Clarify several provisions of the law in view to a better implementation of the directive 95/46/CE of 24 October 1995 on protection of individuals with regard to processing of personal data and on free movement of such data.
Upon request to SWIF, the user may obtain free of charge at reasonable periods of time and without excessive delay, access to data relating to him/her. SWIF also gathers and analyses data regarding the use of its websites, on an anonymous basis including domain names, number of hits, pages visited, length of user session, to evaluate the usefulness of the website, however these are for statistical purposes only and are not shared with any other organization outside SWIF.
and I wish to proceed: