Legal Notices:

Information for private investors of retail investment funds of XOLARIS Service KVAG

XOLARIS Service Kapitalverwaltungs-AG / information concerning complaint management

The satisfaction of our customers is extremely important to us. Which is why we take special care in treating their complaints. XOLARIS Service Kapotalverwaltungs-AG has put in place effective, transparent procedures to make possible an appropriate and rapid processing of complaints. This complaint management system also enables us to fulfil all relevant legal requirements. In addition, the comments we receive from you help us to continue improving all our methods and processes.

A complaint is any expression of dissatisfaction addressed by a natural or legal person (complainant) to a regulated entity in connection with its business activities.

For you, as an investor, lodging a complaint with XOLARIS Service Kapitalverwaltungs-AG is free of charge. You can submit your complaint, with your name and the reason for the complaint in the following ways, either in writing or as text, and where applicable, together with the requisite documentation:

Online – by filling in the online form under Imprint/contact

By email – Send your email to info@xolaris-kvg.de

By telephone – We can be reached from Monday through Friday
from 9 am to 6 pm on + 49 (0) 89 2154 5820

By post – by sending a letter to:

XOLARIS Service Kapitalverwaltungs-AG
Maximiliansplatz 12
80333 München
Germany

Should we be unable to help you immediately with your complaint, following its receipt, it will be documented and then processed within an appropriate time period, normally within fourteen calendar days. The same applies to complaints received by custodians, consultants, trustees or account managers: these will be forwarded without delay to XOLARIS Service Kapitalverwaltungs-AG. Depending on the substance of your complaint, our internal complaint management department may be able to complete processing your complaint within a shorter period. In the exceptional case that, e.g., due to the complexity of the issue involved, it will not be possible to complete processing within fourteen calendar days, an interim notification will be sent to you, confirming receipt of your complaint and indicating the current status of processing and when we expect to send you our response.

In the event that we have been unable to find a solution that is satisfactory to you, you also have the option of contacting one of the following arbitration bodies:

BaFin Arbitration Board

The Arbitration Board of the BaFin handles conflicts involving financial services. The contact details are as follows:

Schlichtungsstelle bei der
Bundesanstalt für Finanzdienstleistungsaufsicht
Referat ZR 3
Graurheindorfer Straße 108
53117 Bonn
Germany

Tel.: +49 (0) 228 – 41 08 0
Fax: + 49 (0) 228 – 41 08 – 62 29 9
Email: schlichtungsstelle@bafin.de

Arbitration Board of the Bundesbank

The Arbitration Board of the Bundesbank is an official arbitration body for consumers. The scope of its competence is prescribed by law. Further, it is only competent where no recognised private arbitration body for consumers is competent to handle the conflict in question. The contact details are as follows:

Deutsche Bundesbank
Schlichtungsstelle
Postfach 10 06 02
60006 Frankfurt
Germany

Tel.: +49 (0) 69 – 95 66 – 32 32
Fax: + 49 (0) 69 – 70 90 90 – 99 01
Email: schlichtung@bundesbank.de

European Online Dispute Resolution Platform

The European Commission has established a European Online Dispute Resolution Platform (ODR Platform), whose internet address is https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. The OS Platform can be used by a consumer for purposes of the extrajudicial resolution of a conflict issuing from an online agreement with a company based in the EU. Kindly use the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

Handling of Conflicts of Interest

XOLARIS Service Kapitalverwaltungs-AG sets up and manages investments in material assets for investors. We have taken precautions designed to ensure that any potential conflicts of interest between us, our management, our personnel or any other third parties directly or indirectly associated with us through a control structure and you or between the investors among themselves do not have any adverse affect on investors’ interests. Basic principles for identification and handling of conflicts of interests are set out within a guideline.

Information regarding the Principles of Order Execution

Closed-end retail investment funds are issued at a predetermined price that is not dependent on the date of acquisition. Acceptance of subscription is uniformly completed by the office defined in the declaration of subscription of the AIF.

Remuneration Policy (as of July 2017)

Information on the Current Remuneration Policy and Remuneration Practices

As a capital management company, XOLARIS Service Kapitalverwaltungs-AG is subject to the requirements of the German Investment Code (Kapitalanlagegesetzbuch – KAGB). Section 37 of the German Investment Code includes regulations on the remuneration systems that are applicable regarding the remuneration of managing directors, executive employees and other personnel of XOLARIS Service Kapitalverwaltungs-AG. The remuneration system of XOLARIS Service Kapitalverwaltungs-AG is reviewed annually. Also the compliance with legal requirements is reassessed in the course of such a review. The remuneration system is discussed together with the supervisory board on a yearly basis. In the event of changes with respect to the corporate and/or risk strategy, the remuneration policy and practices are subject to an extraordinary review which forms the basis for the decision as to whether and to what extent the remuneration system might need to be adjusted to the new framework conditions.

Structure of Remuneration

Managing directors:

The remuneration for the managing directors of XOLARIS Service Kapitalverwaltungs-AG is based on individual agreements which contain a monthly fixed component. The allocation of the remuneration and other benefits of the managing directors lies with the supervisory board of XOLARIS Service Kapitalverwaltungs-AG.

Executive employees:

The remuneration of executive employees of XOLARIS Service Kapitalverwaltungs-AG is based on individual agreements which contain a monthly fixed component. Such does not provide an incentive to assume disproportionately high risks for individual funds since the remuneration is not dependent on the performance or the success of individual funds managed by XOLARIS Service Kapitalverwaltungs-AG. The allocation of the remuneration and other benefits (variable component) of executive employees lies with the management of XOLARIS Service Kapitalverwaltungs-AG with the involvement of the supervisory board.

Employees:

The remuneration for all other employees of XOLARIS Service Kapitalverwaltungs-AG is based on individual agreements which contain a monthly fixed component. Such does not provide an incentive to assume disproportionately high risks for individual funds since the remuneration is not dependent on the performance or the success of individual funds managed by XOLARIS Service Kapitalverwaltungs-AG. The allocation of the remuneration and other benefits (variable component) of employees lies with the management of XOLARIS Service Kapitalverwaltungs-AG with the involvement of the supervisory board.

 

Disclaimer

Liability for Content
Despite checking the contents of external links carefully, we do not accept any liability for such. With regard to the content and accuracy of linked websites, only their operators are responsible. This applies to all links placed on our pages.

The content of our website has been compiled with meticulous care. However, we cannot guarantee that the content is accurate, complete and up-to-date.

As service providers, we are, pursuant to section 7 par. 1 of TMG (German Telemedia Act), liable for our own content on these pages in accordance with general laws. Pursuant to sections 8 to 10 of TMG, we are, however, not obligated to monitor third party information provided or stored on our website, or to investigate any circumstances that may be signs of illegal activities. The obligation to remove or block the use of information in compliance with generally applicable laws shall remain unaffected by this. Our liability in this regard shall only commence at the time we become aware of the respective violation. We shall, however, promptly remove any content upon becoming aware that it violates the law.

Liability for Links
Our website contains links to websites of third parties, the contents of which is beyond our control. We can, therefore, not assume any liability for such external content. In all cases, the provider or operator of the linked websites is liable for the content of the information provided. The linked websites were checked at the time when the links were placed but no infringements of the law were recognisable to us at that time. However, permanent monitoring of the contents of linked pages is unreasonable without definite indications of a violation of law. As soon as we become aware of any infringement of the law, we will immediately remove the relevant link.

Copyright
The content and works on this site created by the operators of this site are subject to German copyright law. Any reproduction, processing, distribution and any form of utilisation outside the boundaries of copyright law require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. If the contents of this site were not created by the operator, the copyright of third parties will be observed. In particular, the contents of third parties are expressly identified as such. Should you nevertheless become aware of a copyright infringement, we request appropriate notification. If violations are found, we shall remove such content immediately.

References: The disclaimer has been translated from the original German version sourced from eRecht24, the online platform on internet law by attorney Sören Siebert, Facebook data privacy statement

Privacy Policy