Common use of Anti-Money Laundering and Anti-Terrorist Financing Legislation Clause in Contracts

Anti-Money Laundering and Anti-Terrorist Financing Legislation. In order to comply with Canadian legislation aimed at the prevention of money laundering and terrorism financing, the Manager may require additional information concerning investors from time to time, and the Subscriber agrees to provide all such information. The Subscriber represents to the Fund and the Manager that none of the funds being used to purchase the Units are, to the Subscriber’s knowledge, proceeds obtained or derived directly or indirectly as a result of illegal activities. The funds being used to purchase the Units which will be advanced by the Subscriber to the Fund or the Manager hereunder will not represent proceeds of crime for the purposes of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) (the “PCMLTFA”) and the Subscriber acknowledges that Fund and the Manager may in the future be required by law to disclose the Subscriber’s name and other information relating to this Subscription Agreement and the Subscriber’s subscription hereunder, on a confidential basis, pursuant to the PCMLTFA. To the best of its knowledge: (i) none of the funds to be provided by the Subscriber are being tendered on behalf of a person or entity who has not been identified to the Subscriber; and (ii) it shall promptly notify the Fund and the Manager if the Subscriber discovers that any of such representations cease to be true, and will provide the Fund and the Manager with appropriate information in connection therewith. In accordance with the PCMLTFA, a Subscriber purchasing units directly from the Manager (and not through a registered dealer to whom the following has been provided) who is an individual must pay by cheque or attach a void cheque from a financial entity for the account in the name of the individual. For these purposes, a financial entity means a bank, credit union, caisse populaire, a trust and loan company or an agent of the Crown that accepts deposit liabilities. For corporations, limited partnerships or similar entities, other than those entities specifically exempted by the applicable rules, the Subscriber must complete Schedule “C” to this Subscription Agreement and provide proof of the entity’s existence (e.g. certificate of corporate status, or partnership agreement or other constating document), a list showing the name and occupation of each director, a list showing the name, address and occupation of all individuals who own or control directly or indirectly 10% or more of the entity, evidence of signatory’s authority to bind the Subscriber, an original or guaranteed copy of proof of identification (drivers license or passport) for the Signatory and a void cheque from a financial entity for an account in the name of the signatory. Individuals must provide original or guaranteed proof of identity in the form of a current driver’s licence or passport (if original copies are not provided, the individual must have Schedule “D” to this Subscription Agreement completed). The Manager, in its sole discretion, may waive such requirements where it has reasonable grounds to believe that applicable anti-money laundering laws and regulations have been complied with in respect of such subscription. In order to assist the Manager in discharging its obligations, the Subscriber represents that neither he or she, or any director, officer and beneficial owner of it (unless the entity is specifically exempted), nor any of such persons’ mother or father, child, spouse or common-law partner, spouse's or common-law partner's mother or father, or brother, sister, half-brother or half-sister, is a politically exposed foreign person. A “politically exposed foreign person” is an individual who holds or has ever held one of the following offices or positions in or on behalf of a foreign country: a head of state or government; a member of the executive council of government or member of a legislature; a deputy minister (or equivalent); an ambassador or an ambassador's attaché or counsellor; a military general (or higher rank); a president of a state owned company or bank; a head of a government agency; a judge; or a leader or president of a political party in a legislature. The Subscriber will immediately notify the Manager if the status of any such person in this regard changes. The Subscriber acknowledges that if, as a result of any information or other matter which comes to the Manager’s attention, any director, officer or employee of the Manager, or their professional advisers, knows or suspects that an investor is engaged in money laundering, such person is required to report such information or other matter to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) and such report shall not be treated as a breach of any restriction upon the disclosure of information imposed by Canadian law or otherwise.

Appears in 4 contracts

Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement

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Anti-Money Laundering and Anti-Terrorist Financing Legislation. In order to comply with Canadian legislation aimed at the prevention of money laundering and terrorism financing, the Manager may require additional information concerning investors from time to time, and the Subscriber agrees to provide all such information. The Subscriber represents to the Fund and the Manager that none of the funds being used to purchase the Units are, to the Subscriber’s knowledge, proceeds obtained or derived directly or indirectly as a result of illegal activities. The funds being used to purchase the Units which will be advanced by the Subscriber to the Fund or Manager as funding of the Manager hereunder Subscription Price will not represent proceeds of crime for the purposes of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) (the “PCMLTFA”). The Subscriber further represents that it is not a person or entity identified in the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism, the United Nations Al-Qaida and Taliban Regulations, the Regulations Implementing the United Nations Resolution on the Democratic People’s Republic of Korea, the Regulations Implementing the United Nations Resolution on Iran, the United Nations Cote d’Ivoire Regulations, the United Nations Democratic Republic of the Congo Regulations, the United Nations Liberia Regulations, the United Nations Sudan Regulations, the Special Economic Measures (Zimbabwe) and Regulations or the Special Economic Measures (Burma) Regulations or any similar regulations that have been passed (collectively, the “Trade Sanctions”). The Subscriber acknowledges further agrees that Fund and it will provide to the Manager and/or the Funds, upon request by the Manager and/or the Funds, any information that either the Funds or the Manager may in require to discharge their respective reporting, identification or record-keeping obligations under the future be required by law PCMLTFA , the Trade Sanctions or any other similar legislation, and acknowledges that the Manager and/or the Funds may have to disclose the Subscriber’s name and other such information relating to this Subscription Agreement and the Subscriber’s subscription hereunder, on a confidential basis, pursuant to the PCMLTFAif required under applicable law. To the best of its the Subscriber’s knowledge: (i) , none of the purchase funds to be provided by the Subscriber Subscriber: (a) have been or will be derived from or related to any activity that is deemed criminal under the laws of Canada, the United States, or any other jurisdiction; or (b) are being tendered on behalf of a person or entity who has not been identified to the Subscriber; , and (ii) it shall promptly notify the Fund and Manager and/or the Manager Funds if the Subscriber discovers that any of such representations cease ceases to be true, true and will provide the Fund and Manager and/or the Manager Funds with appropriate information in connection therewith. In accordance with the PCMLTFA, a Subscriber purchasing units directly from the Manager (and not through a registered dealer to whom the following has been provided) who is an individual must pay by cheque or attach a void cheque from a financial entity for the account in the name of the individual. For these purposes, a financial entity means a bank, credit union, caisse populaire, a trust and loan company or an agent of the Crown that accepts deposit liabilities. For corporations, limited partnerships or similar entities, other than those entities specifically exempted by the applicable rules, the Subscriber must complete Schedule “C” to this Subscription Agreement and provide proof of the entity’s existence (e.g. certificate of corporate status, or partnership agreement or other constating document), a list showing the name and occupation of each director, a list showing the name, address and occupation of all individuals who own or control directly or indirectly 10% or more of the entity, evidence of signatory’s authority to bind the Subscriber, an original or guaranteed copy of proof of identification (drivers license or passport) for the Signatory and a void cheque from a financial entity for an account in the name of the signatory. Individuals must provide original or guaranteed proof of identity in the form of a current driver’s licence or passport (if original copies are not provided, the individual must have Schedule “D” to this Subscription Agreement completed). The Manager, in its sole discretion, may waive such requirements where it has reasonable grounds to believe that applicable anti-money laundering laws and regulations have been complied with in respect of such subscription. In order to assist the Manager in discharging its obligations, the Subscriber represents that neither he or she, or any director, officer and beneficial owner of it (unless the entity is specifically exempted), nor any of such persons’ mother or father, child, spouse or common-law partner, spouse's or common-law partner's mother or father, or brother, sister, half-brother or half-sister, is a politically exposed foreign person. A “politically exposed foreign person” is an individual who holds or has ever held one of the following offices or positions in or on behalf of a foreign country: a head of state or government; a member of the executive council of government or member of a legislature; a deputy minister (or equivalent); an ambassador or an ambassador's attaché or counsellor; a military general (or higher rank); a president of a state owned company or bank; a head of a government agency; a judge; or a leader or president of a political party in a legislature. The Subscriber will immediately notify the Manager if the status of any such person in this regard changes. The Subscriber acknowledges that if, as a result of any information or other matter which comes to the Manager’s attention, any director, officer or employee of the Manager, or their professional advisers, knows or suspects that an investor is engaged in money laundering, such person is required to report such information or other matter to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) and such report shall not be treated as a breach of any restriction upon the disclosure of information imposed by Canadian law or otherwise.

Appears in 3 contracts

Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement

Anti-Money Laundering and Anti-Terrorist Financing Legislation. In order to comply connection with Canadian legislation aimed at the prevention of money laundering and terrorism financing, the Subscriber has provided to its dealer all information and documentation required under applicable anti-money laundering and anti-terrorist financing legislation. The Subscriber acknowledges that the Manager may require a copy of some or all of such information and documentation, and/or additional information concerning investors and documentation from time to time, and in order for the Subscriber agrees Manager to provide discharge all of its obligations under such informationlegislation. The Subscriber represents acknowledges and agrees that the Subscriber may encounter delays in effecting redemptions or in receiving distributions or other payments from the Fund(s), and may be required to redeem from the Fund(s), if information requested by the Manager or the Administrator or any of the other agents or service providers of the Fund and the Manager that none of the funds being used to purchase the Units are, to the Subscriber’s knowledge, proceeds obtained or derived directly or indirectly as is not provided in a result of illegal activities. The funds being used to purchase the Units which will be advanced by the Subscriber to the Fund or the Manager hereunder will not represent proceeds of crime for the purposes of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) (the “PCMLTFA”) and the Subscriber acknowledges that Fund and the Manager may in the future be required by law to disclose the Subscriber’s name and other information relating to this Subscription Agreement and the Subscriber’s subscription hereunder, on a confidential basis, pursuant to the PCMLTFA. To the best of its knowledge: (i) none of the funds to be provided by the Subscriber are being tendered on behalf of a person or entity who has not been identified to the Subscriber; and (ii) it shall promptly notify the Fund and the Manager if the Subscriber discovers that any of such representations cease to be true, and will provide the Fund and the Manager with appropriate information in connection therewithtimely manner. In accordance with the PCMLTFA, a Subscriber purchasing units directly from the Manager (and not through a registered dealer to whom the following has been provided) who is an individual must pay by cheque or attach a void cheque from a financial entity for the account in the name event of the individual. For these purposes, a financial entity means a bank, credit union, caisse populaire, a trust and loan company or an agent of the Crown that accepts deposit liabilities. For corporations, limited partnerships or similar entities, other than those entities specifically exempted by the applicable rulesany such delay, the Subscriber must complete Schedule “C” to this Subscription Agreement shall indemnify the Manager, the Fund(s) or the Administrator (as the case may be), and provide proof of the entity’s existence (e.g. certificate of corporate statushold it harmless, or partnership agreement against any loss resulting from such delay. The Subscriber acknowledges and agrees that redemption proceeds or other constating document), a list showing amounts paid to the name and occupation of each director, a list showing the name, address and occupation of all individuals who own or control directly or indirectly 10% or more of the entity, evidence of signatory’s authority Subscriber will be paid only to bind the Subscriber, an original or guaranteed copy of proof of identification (drivers license or passport) for the Signatory and a void cheque from a financial entity for an account in the name of the signatory. Individuals must provide original or guaranteed proof of identity in the form of a current driverSubscriber’s licence or passport (if original copies are not provided, the individual must have Schedule “D” to this Subscription Agreement completed). The Manager, in its sole discretion, may waive such requirements where it has reasonable grounds to believe that applicable anti-money laundering laws and regulations have been complied with in respect of such subscription. In order to assist the Manager in discharging its obligations, the Subscriber represents that neither he or she, or any director, officer and beneficial owner of it (unless the entity is specifically exempted), nor any of such persons’ mother or father, child, spouse or common-law partner, spouse's or common-law partner's mother or father, or brother, sister, half-brother or half-sister, is a politically exposed foreign person. A “politically exposed foreign person” is an individual who holds or has ever held one of the following offices or positions in or on behalf of a foreign country: a head of state or government; a member of the executive council of government or member of a legislature; a deputy minister (or equivalent); an ambassador or an ambassador's attaché or counsellor; a military general (or higher rank); a president of a state owned company or bank; a head of a government agency; a judge; or a leader or president of a political party in a legislature. The Subscriber will immediately notify the Manager if the status of any such person in this regard changesname. The Subscriber acknowledges that if(i) the Manager or the Administrator, as a result or any of the other agents or service providers of the Fund, may monitor communications, investments, redemptions, and other payments; (ii) the Manager or the Administrator may be required to report any suspicious activity to appropriate authorities; (iii) in the course of making investments, the Manager or the Administrator may disclose information contained in this Subscription Agreement or other matter which comes otherwise provided by the Subscriber to third parties; and (iv) the ManagerManager or the Administrator may disclose information contained in this Subscription Agreement or otherwise provided by the Subscriber to applicable government authorities for anti-money laundering and anti-terrorist financing purposes. The Subscriber acknowledges that, if the Subscriber is or becomes named on or blocked by any Prohibited List, or if the Manager or the Administrator is otherwise required by law, the Manager or the Administrator may freeze the Subscriber’s attentioninvestment, any directorby prohibiting additional investments, officer declining redemption requests or employee segregating assets constituting the investment in accordance with applicable regulations, or the Subscriber may be required to redeem Units of the Fund(s). In such event, the Subscriber shall indemnify the Manager, or their professional advisers, knows or suspects that an investor is engaged in money laundering, such person is required to report such information or other matter to the Financial Transactions and Reports Analysis Centre of Canada (FINTRACFund(s) and such report the Administrator, and hold them harmless, against any resulting loss. All information in this Subscription Agreement, unless otherwise indicated, shall not be treated deemed to be as a breach of the date of the Subscription Agreement. If any restriction upon information provided by the disclosure of information imposed by Canadian law or otherwiseSubscriber in this Subscription Agreement subsequently changes, the Subscriber must inform the Manager and the Administrator immediately.

Appears in 2 contracts

Samples: Application and Agreement, Application and Agreement

Anti-Money Laundering and Anti-Terrorist Financing Legislation. In order to comply with Canadian legislation aimed at the prevention of money laundering and terrorism financing, the Manager may require additional information concerning investors from time to time, and the Subscriber agrees to provide all such information. The Subscriber represents to the Fund and the Manager that none of the funds being used to purchase the Units are, to the Subscriber’s knowledge, proceeds obtained or derived directly or indirectly as a result of illegal activities. The funds being used to purchase the Units which will be advanced by the Subscriber to the Fund or the Manager hereunder will not represent proceeds of crime for the purposes of In accordance with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) (the “PCMLTFA”) and the Subscriber acknowledges that Fund and the Manager may in the future be required by law to disclose the Subscriber’s name and other information relating to this Subscription Agreement and the Subscriber’s subscription hereunder, on a confidential basis, pursuant to the PCMLTFA. To the best of its knowledge: (i) none of the funds to be provided by the Subscriber are being tendered on behalf of a person or entity who has not been identified to the Subscriber; and (ii) it shall promptly notify the Fund and the Manager if the Subscriber discovers that any of such representations cease to be true, and will provide the Fund and the Manager with appropriate information in connection therewith. In accordance with the PCMLTFA), a Subscriber purchasing units directly from the Manager (and not through a registered dealer to whom the following has been provided) who is an individual must pay by cheque or attach a void cheque from a financial entity for the account in the name of the individual. For these purposes, a financial entity means a bank, credit union, caisse populaire, a trust and loan company or an agent of the Crown that accepts deposit liabilities. For corporations, limited partnerships or similar entities, other than those entities specifically exempted by the applicable rules, the Subscriber must complete Schedule “C” to this Subscription Agreement and provide proof of the entity’s existence (e.g. certificate of corporate status, or partnership agreement or other constating document), a list showing the name and occupation of each director, a list showing the name, address and occupation of all individuals who own or control directly or indirectly 10% or more of the entity, evidence of signatory’s authority to bind the Subscriber, an original or guaranteed copy of proof of identification (drivers license or passport) for the Signatory and a void cheque from a financial entity for an account in the name of the signatory. Individuals must provide original or guaranteed proof of identity in the form of a current driver’s licence or passport (if original copies are not provided, the individual must have Schedule “D” to this Subscription Agreement completed). The Manager, in its sole discretion, may waive such requirements where it has reasonable grounds to believe that applicable anti-money laundering laws and regulations have been complied with in respect of such subscription. In order to assist the Manager in discharging its obligations, the Subscriber represents that neither he or she, or any director, officer and beneficial owner of it (unless the entity is specifically exempted), nor any of such persons’ mother or father, child, spouse or common-law partner, spouse's or common-law partner's mother or father, or brother, sister, half-brother or half-sister, is a politically exposed foreign person. A “politically exposed foreign person” is an individual who holds or has ever held one of the following offices or positions in or on behalf of a foreign country: a head of state or government; a member of the executive council of government or member of a legislature; a deputy minister (or equivalent); an ambassador or an ambassador's attaché or counsellor; a military general (or higher rank); a president of a state owned company or bank; a head of a government agency; a judge; or a leader or president of a political party in a legislature. The Subscriber will immediately notify the Manager if the status of any such person in this regard changes. The Subscriber acknowledges that if, as a result of any information or other matter which comes to the Manager’s attention, any director, officer or employee of the Manager, or their professional advisers, knows or suspects that an investor is engaged in money laundering, such person is required to report such information or other matter to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) and such report shall not be treated as a breach of any restriction upon the disclosure of information imposed by Canadian law or otherwise.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

Anti-Money Laundering and Anti-Terrorist Financing Legislation. In order to comply connection with Canadian legislation aimed at the prevention of money laundering and terrorism financing, the Subscriber has provided to his or her dealer all information and documentation required under applicable anti-money laundering and anti-terrorist financing legislation. The Subscriber acknowledges that the Manager may require a copy of some or all of such information and documentation, and/or additional information concerning investors and documentation from time to time, and in order for the Subscriber agrees Manager to provide discharge all of its obligations under such informationlegislation. The Subscriber represents acknowledges and agrees that the Subscriber may encounter delays in effecting redemptions or in receiving distributions or other payments from the Fund(s), and may be required to redeem from the Fund and Fund(s), if information requested by the Manager that none or the Administrator or any of the funds being used to purchase the Units are, to the Subscriber’s knowledge, proceeds obtained other agents or derived directly or indirectly as a result of illegal activities. The funds being used to purchase the Units which will be advanced by the Subscriber to the Fund or the Manager hereunder will not represent proceeds of crime for the purposes service providers of the Proceeds of Crime (Money LaunderingFund(s) and Terrorist Financing Act (Canada) (the “PCMLTFA”) and the Subscriber acknowledges that Fund and the Manager may is not provided in the future be required by law to disclose the Subscriber’s name and other information relating to this Subscription Agreement and the Subscriber’s subscription hereunder, on a confidential basis, pursuant to the PCMLTFA. To the best of its knowledge: (i) none of the funds to be provided by the Subscriber are being tendered on behalf of a person or entity who has not been identified to the Subscriber; and (ii) it shall promptly notify the Fund and the Manager if the Subscriber discovers that any of such representations cease to be true, and will provide the Fund and the Manager with appropriate information in connection therewithtimely manner. In accordance with the PCMLTFA, a Subscriber purchasing units directly from the Manager (and not through a registered dealer to whom the following has been provided) who is an individual must pay by cheque or attach a void cheque from a financial entity for the account in the name event of the individual. For these purposes, a financial entity means a bank, credit union, caisse populaire, a trust and loan company or an agent of the Crown that accepts deposit liabilities. For corporations, limited partnerships or similar entities, other than those entities specifically exempted by the applicable rulesany such delay, the Subscriber must complete Schedule “C” to this Subscription Agreement shall indemnify the Manager, the Fund(s) or the Administrator (as the case may be), and provide proof of the entity’s existence (e.g. certificate of corporate statushold it harmless, or partnership agreement against any loss resulting from such delay. The Subscriber acknowledges and agrees that redemption proceeds or other constating document), a list showing amounts paid to the name and occupation of each director, a list showing the name, address and occupation of all individuals who own or control directly or indirectly 10% or more of the entity, evidence of signatory’s authority Subscriber will be paid only to bind the Subscriber, an original or guaranteed copy of proof of identification (drivers license or passport) for the Signatory and a void cheque from a financial entity for an account in the name of the signatory. Individuals must provide original or guaranteed proof of identity in the form of a current driverSubscriber’s licence or passport (if original copies are not provided, the individual must have Schedule “D” to this Subscription Agreement completed). The Manager, in its sole discretion, may waive such requirements where it has reasonable grounds to believe that applicable anti-money laundering laws and regulations have been complied with in respect of such subscription. In order to assist the Manager in discharging its obligations, the Subscriber represents that neither he or she, or any director, officer and beneficial owner of it (unless the entity is specifically exempted), nor any of such persons’ mother or father, child, spouse or common-law partner, spouse's or common-law partner's mother or father, or brother, sister, half-brother or half-sister, is a politically exposed foreign person. A “politically exposed foreign person” is an individual who holds or has ever held one of the following offices or positions in or on behalf of a foreign country: a head of state or government; a member of the executive council of government or member of a legislature; a deputy minister (or equivalent); an ambassador or an ambassador's attaché or counsellor; a military general (or higher rank); a president of a state owned company or bank; a head of a government agency; a judge; or a leader or president of a political party in a legislature. The Subscriber will immediately notify the Manager if the status of any such person in this regard changesname. The Subscriber acknowledges that if(i) the Manager or the Administrator, as a result or any of the other agents or service providers of the Fund(s), may monitor communications, investments, redemptions, and other payments; (ii) the Manager or the Administrator may be required to report any suspicious activity to appropriate authorities; (iii) in the course of making investments, the Manager or the Administrator may disclose information contained in this Subscription Agreement or other matter which comes otherwise provided by the Subscriber to third parties; and (iv) the ManagerManager or the Administrator may disclose information contained in this Subscription Agreement or otherwise provided by the Subscriber to applicable government authorities for anti-money laundering and anti-terrorist financing purposes. The Subscriber acknowledges that, if the Subscriber is or becomes named on or blocked by any Prohibited List, or if the Manager or the Administrator is otherwise required by law, the Manager or the Administrator may freeze the Subscriber’s attentioninvestment, any directorby prohibiting additional investments, officer declining redemption requests or employee segregating assets constituting the investment in accordance with applicable regulations, or the Subscriber may be required to redeem Units of the Fund(s). In such event, the Subscriber shall indemnify the Manager, or their professional advisers, knows or suspects that an investor is engaged in money laundering, such person is required to report such information or other matter to the Financial Transactions and Reports Analysis Centre of Canada (FINTRACFund(s) and such report the Administrator, and hold them harmless, against any resulting loss. All information in this Subscription Agreement, unless otherwise indicated, shall not be treated deemed to be as a breach of the date of the Subscription Agreement. If any restriction upon information provided by the disclosure of information imposed by Canadian law or otherwiseSubscriber in this Subscription Agreement subsequently changes, the Subscriber must inform the Manager and the Administrator immediately.

Appears in 1 contract

Samples: Subscription Application and Agreement

Anti-Money Laundering and Anti-Terrorist Financing Legislation. In order to comply with Canadian legislation aimed at the prevention of money laundering and terrorism financing, the Investment Manager may require additional information concerning investors from time to time, and the Subscriber agrees to provide all such information. The Subscriber represents to the Fund Trust and the Investment Manager that none of the funds being used to purchase the Units are, to the Subscriber’s knowledge, proceeds obtained or derived directly or indirectly as a result of illegal activities. The funds being used to purchase the Units which will be advanced by the Subscriber to the Fund or the Trust and/or Investment Manager hereunder will not represent proceeds of crime for the purposes of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) (the “PCMLTFA”) PCMLTFA and the Subscriber acknowledges that Fund and the Trust and/or the Investment Manager may in the future be required by law to disclose the Subscriber’s name and other information relating to this Subscription Agreement and the Subscriber’s subscription hereunder, on a confidential basis, pursuant to the PCMLTFA. To the best of its knowledge: (i) none of the funds to be provided by the Subscriber are being tendered on behalf of a person or entity who has not been identified to the Subscriber; and (ii) it shall promptly notify the Fund and the Manager Trust if the Subscriber discovers that any of such representations cease to be true, and will provide the Fund and the Manager Trust with appropriate information in connection therewith. In accordance with the PCMLTFA, a Subscriber purchasing units directly from the Manager (and not through a registered dealer to whom the following has been provided) who is an individual must pay by cheque or attach a void cheque from a financial entity for the account in the name of the individual. For these purposes, a financial entity means a bank, credit union, caisse populaire, a trust and loan company or an agent of the Crown that accepts deposit liabilities. For corporations, limited partnerships or similar entities, other than those entities specifically exempted by the applicable rules, the Subscriber must complete Schedule “C” to this Subscription Agreement and provide proof of the entity’s existence (e.g. certificate of corporate status, or partnership agreement or other constating document), a list showing the name and occupation of each director, a list showing the name, address and occupation of all individuals who own or control directly or indirectly 10% or more of the entity, evidence of signatory’s authority to bind the Subscriber, an original or guaranteed copy of proof of identification (drivers license or passport) for the Signatory and a void cheque from a financial entity for an account in the name of the signatory. Individuals must provide original or guaranteed proof of identity in the form of a current driver’s licence or passport (if original copies are not provided, the individual must have Schedule “D” to this Subscription Agreement completed). The Manager, in its sole discretion, may waive such requirements where it has reasonable grounds to believe that applicable anti-money laundering laws and regulations have been complied with in respect of such subscription. In order to assist the Manager in discharging its obligations, the Subscriber represents that neither he or she, or any director, officer and beneficial owner of it (unless the entity is specifically exempted), nor any of such persons’ mother or father, child, spouse or common-law partner, spouse's or common-law partner's mother or father, or brother, sister, half-brother or half-sister, is a politically exposed foreign person. A “politically exposed foreign person” is an individual who holds or has ever held one of the following offices or positions in or on behalf of a foreign country: a head of state or government; a member of the executive council of government or member of a legislature; a deputy minister (or equivalent); an ambassador or an ambassador's attaché or counsellor; a military general (or higher rank); a president of a state owned company or bank; a head of a government agency; a judge; or a leader or president of a political party in a legislature. The Subscriber will immediately notify the Manager if the status of any such person in this regard changes. The Subscriber acknowledges that if, as a result of any information or other matter which comes to the Investment Manager’s attention, any director, officer or employee of the Investment Manager, or their its professional advisers, knows or suspects that an investor is engaged in money laundering, such person is required to report such information or other matter to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) and such report shall not be treated as a breach of any restriction upon the disclosure of information imposed by Canadian law or otherwise.

Appears in 1 contract

Samples: www.algonquincap.com

Anti-Money Laundering and Anti-Terrorist Financing Legislation. In order to comply connection with Canadian legislation aimed at the prevention of money laundering and terrorism financing, the Subscriber has provided to his or her dealer all information and documentation required under applicable anti-money laundering and anti-terrorist financing legislation. The Subscriber acknowledges that the Manager may require a copy of some or all of such information and documentation, and/or additional information concerning investors and documentation from time to time, and in order for the Subscriber agrees Manager to provide discharge all of its obligations under such informationlegislation. The Subscriber represents acknowledges and agrees that the Subscriber may encounter delays in effecting redemptions or in receiving distributions or other payments from the Fund(s), and may be required to redeem from the Fund and Fund(s), if information requested by the Manager that none or the Administrator or any of the funds being used to purchase the Units are, to the Subscriber’s knowledge, proceeds obtained other agents or derived directly or indirectly as a result of illegal activities. The funds being used to purchase the Units which will be advanced by the Subscriber to the Fund or the Manager hereunder will not represent proceeds of crime for the purposes service providers of the Proceeds of Crime (Money LaunderingFund(s) and Terrorist Financing Act (Canada) (the “PCMLTFA”) and the Subscriber acknowledges that Fund and the Manager may is not provided in the future be required by law to disclose the Subscriber’s name and other information relating to this Subscription Agreement and the Subscriber’s subscription hereunder, on a confidential basis, pursuant to the PCMLTFA. To the best of its knowledge: (i) none of the funds to be provided by the Subscriber are being tendered on behalf of a person or entity who has not been identified to the Subscriber; and (ii) it shall promptly notify the Fund and the Manager if the Subscriber discovers that any of such representations cease to be true, and will provide the Fund and the Manager with appropriate information in connection therewithtimely manner. In accordance with the PCMLTFA, a Subscriber purchasing units directly from the Manager (and not through a registered dealer to whom the following has been provided) who is an individual must pay by cheque or attach a void cheque from a financial entity for the account in the name event of the individual. For these purposes, a financial entity means a bank, credit union, caisse populaire, a trust and loan company or an agent of the Crown that accepts deposit liabilities. For corporations, limited partnerships or similar entities, other than those entities specifically exempted by the applicable rulesany such delay, the Subscriber must complete Schedule “C” to this Subscription Agreement shall indemnify the Manager, the Fund(s) or the Administrator (as the case may be), and provide proof of the entity’s existence (e.g. certificate of corporate statushold it harmless, or partnership agreement against any loss resulting from such delay. The Subscriber acknowledges and agrees that redemption proceeds or other constating document), a list showing amounts paid to the name and occupation of each director, a list showing the name, address and occupation of all individuals who own or control directly or indirectly 10% or more of the entity, evidence of signatory’s authority Subscriber will be paid only to bind the Subscriber, an original or guaranteed copy of proof of identification (drivers license or passport) for the Signatory and a void cheque from a financial entity for an account in the name of the signatory. Individuals must provide original or guaranteed proof of identity in the form of a current driverSubscriber’s licence or passport (if original copies are not provided, the individual must have Schedule “D” to this Subscription Agreement completed). The Manager, in its sole discretion, may waive such requirements where it has reasonable grounds to believe that applicable anti-money laundering laws and regulations have been complied with in respect of such subscription. In order to assist the Manager in discharging its obligations, the Subscriber represents that neither he or she, or any director, officer and beneficial owner of it (unless the entity is specifically exempted), nor any of such persons’ mother or father, child, spouse or common-law partner, spouse's or common-law partner's mother or father, or brother, sister, half-brother or half-sister, is a politically exposed foreign person. A “politically exposed foreign person” is an individual who holds or has ever held one of the following offices or positions in or on behalf of a foreign country: a head of state or government; a member of the executive council of government or member of a legislature; a deputy minister (or equivalent); an ambassador or an ambassador's attaché or counsellor; a military general (or higher rank); a president of a state owned company or bank; a head of a government agency; a judge; or a leader or president of a political party in a legislature. The Subscriber will immediately notify the Manager if the status of any such person in this regard changesname. The Subscriber acknowledges that if(i) the Manager or the Administrator, as a result or any of the other agents or service providers of the Fund(s), may monitor communications, investments, redemptions, and other payments; (ii) the Manager or the Administrator may be required to report any suspicious activity to appropriate authorities; (iii) in the course of making investments, the Manager or the Administrator may disclose information contained in this Subscription Agreement or other matter which comes otherwise provided by the Subscriber to third parties; and (iv) the ManagerManager or the Administrator may disclose information contained in this Subscription Agreement or otherwise provided by the Subscriber to applicable government authorities for anti-money laundering and anti-terrorist financing purposes. The Subscriber acknowledges that, if the Subscriber is or becomes named on or blocked by any Prohibited List, or if the Manager or the Administrator is otherwise required by law, the Manager or the Administrator may freeze the Subscriber’s attentioninvestment, any directorby prohibiting additional investments, officer declining redemption requests or employee segregating assets constituting the investment in accordance with applicable regulations, or the Subscriber may be required to redeem Units of the Fund(s). In such event, the Subscriber shall indemnify the Manager, or their professional advisers, knows or suspects that an investor is engaged in money laundering, such person is required to report such information or other matter to the Financial Transactions and Reports Analysis Centre of Canada (FINTRACFund(s) and such report the Administrator, and hold them harmless, against any resulting loss. All information in this Subscription Agreement, unless otherwise indicated, shall not be treated deemed to be as a breach of the date of the Subscription Agreement. If any restriction upon information provided by the disclosure of information imposed by Canadian law or otherwise.Subscriber in this Subscription Agreement subsequently changes, the Subscriber must inform the Manager and the Administrator immediately. March 2019 FUNDSERV - Managed

Appears in 1 contract

Samples: Application and Agreement

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Anti-Money Laundering and Anti-Terrorist Financing Legislation. In order to comply connection with Canadian legislation aimed at the prevention of money laundering and terrorism financing, the Subscriber has provided to his or her dealer all information and documentation required under applicable anti- money laundering and anti-terrorist financing legislation. The Subscriber acknowledges that the Manager may require a copy of some or all of such information and documentation, and/or additional information concerning investors and documentation from time to time, and in order for the Subscriber agrees Manager to provide discharge all of its obligations under such informationlegislation. The Subscriber represents acknowledges and agrees that the Subscriber may encounter delays in effecting redemptions or in receiving distributions or other payments from the Fund(s), and may be required to redeem from the Fund and Fund(s), if information requested by the Manager that none or the Administrator or any of the funds being used to purchase the Units are, to the Subscriber’s knowledge, proceeds obtained other agents or derived directly or indirectly as a result of illegal activities. The funds being used to purchase the Units which will be advanced by the Subscriber to the Fund or the Manager hereunder will not represent proceeds of crime for the purposes service providers of the Proceeds of Crime (Money LaunderingFund(s) and Terrorist Financing Act (Canada) (the “PCMLTFA”) and the Subscriber acknowledges that Fund and the Manager may is not provided in the future be required by law to disclose the Subscriber’s name and other information relating to this Subscription Agreement and the Subscriber’s subscription hereunder, on a confidential basis, pursuant to the PCMLTFA. To the best of its knowledge: (i) none of the funds to be provided by the Subscriber are being tendered on behalf of a person or entity who has not been identified to the Subscriber; and (ii) it shall promptly notify the Fund and the Manager if the Subscriber discovers that any of such representations cease to be true, and will provide the Fund and the Manager with appropriate information in connection therewithtimely manner. In accordance with the PCMLTFA, a Subscriber purchasing units directly from the Manager (and not through a registered dealer to whom the following has been provided) who is an individual must pay by cheque or attach a void cheque from a financial entity for the account in the name event of the individual. For these purposes, a financial entity means a bank, credit union, caisse populaire, a trust and loan company or an agent of the Crown that accepts deposit liabilities. For corporations, limited partnerships or similar entities, other than those entities specifically exempted by the applicable rulesany such delay, the Subscriber must complete Schedule “C” to this Subscription Agreement shall indemnify the Manager, the Fund(s) or the Administrator (as the case may be), and provide proof of the entity’s existence (e.g. certificate of corporate statushold it harmless, or partnership agreement against any loss resulting from such delay. The Subscriber acknowledges and agrees that redemption proceeds or other constating document), a list showing amounts paid to the name and occupation of each director, a list showing the name, address and occupation of all individuals who own or control directly or indirectly 10% or more of the entity, evidence of signatory’s authority Subscriber will be paid only to bind the Subscriber, an original or guaranteed copy of proof of identification (drivers license or passport) for the Signatory and a void cheque from a financial entity for an account in the name of the signatory. Individuals must provide original or guaranteed proof of identity in the form of a current driverSubscriber’s licence or passport (if original copies are not provided, the individual must have Schedule “D” to this Subscription Agreement completed). The Manager, in its sole discretion, may waive such requirements where it has reasonable grounds to believe that applicable anti-money laundering laws and regulations have been complied with in respect of such subscription. In order to assist the Manager in discharging its obligations, the Subscriber represents that neither he or she, or any director, officer and beneficial owner of it (unless the entity is specifically exempted), nor any of such persons’ mother or father, child, spouse or common-law partner, spouse's or common-law partner's mother or father, or brother, sister, half-brother or half-sister, is a politically exposed foreign person. A “politically exposed foreign person” is an individual who holds or has ever held one of the following offices or positions in or on behalf of a foreign country: a head of state or government; a member of the executive council of government or member of a legislature; a deputy minister (or equivalent); an ambassador or an ambassador's attaché or counsellor; a military general (or higher rank); a president of a state owned company or bank; a head of a government agency; a judge; or a leader or president of a political party in a legislature. The Subscriber will immediately notify the Manager if the status of any such person in this regard changesname. The Subscriber acknowledges that if(i) the Manager or the Administrator, as a result or any of the other agents or service providers of the Fund(s), may monitor communications, investments, redemptions, and other payments; (ii) the Manager or the Administrator may be required to report any suspicious activity to appropriate authorities; (iii) in the course of making investments, the Manager or the Administrator may disclose information contained in this Subscription Agreement or other matter which comes otherwise provided by the Subscriber to third parties; and (iv) the ManagerManager or the Administrator may disclose information contained in this Subscription Agreement or otherwise provided by the Subscriber to applicable government authorities for anti-money laundering and anti-terrorist financing purposes. The Subscriber acknowledges that, if the Subscriber is or becomes named on or blocked by any Prohibited List, or if the Manager or the Administrator is otherwise required by law, the Manager or the Administrator may freeze the Subscriber’s attentioninvestment, any directorby prohibiting additional investments, officer declining redemption requests or employee segregating assets constituting the investment in accordance with applicable regulations, or the Subscriber may be required to redeem Units of the Fund(s). In such event, the Subscriber shall indemnify the Manager, or their professional advisers, knows or suspects that an investor is engaged in money laundering, such person is required to report such information or other matter to the Financial Transactions and Reports Analysis Centre of Canada (FINTRACFund(s) and such report the Administrator, and hold them harmless, against any resulting loss. All information in this Subscription Agreement, unless otherwise indicated, shall not be treated deemed to be as a breach of the date of the Subscription Agreement. If any restriction upon information provided by the disclosure of information imposed by Canadian law or otherwiseSubscriber in this Subscription Agreement subsequently changes, the Subscriber must inform the Manager and the Administrator immediately.

Appears in 1 contract

Samples: Subscription Application and Agreement

Anti-Money Laundering and Anti-Terrorist Financing Legislation. In order to comply with Canadian legislation aimed at the prevention of money laundering and terrorism financing, the Manager may require additional information concerning investors from time to time, and the Subscriber agrees to provide all such information. The Subscriber represents to the Fund and the Manager that none of the funds being used to purchase the Units are, to the Subscriber’s knowledge, proceeds obtained or derived directly or indirectly as a result of illegal activities. The funds being used to purchase the Units which will be advanced by the Subscriber to the Fund or the Manager hereunder will not represent proceeds of crime for the purposes of In accordance with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) (the “PCMLTFA”) and ), the Subscriber acknowledges that Fund and must provide to the Manager may in the future be required by law to disclose the Subscriber’s name certain information and/or documentation as well as proof of identity and other information relating to this Subscription Agreement and the Subscriber’s subscription hereundersource of funds. Corporations, on a confidential basis, pursuant to the PCMLTFA. To the best of its knowledge: (i) none of the funds to be provided by the Subscriber are being tendered on behalf of a person or entity who has not been identified to the Subscriber; and (ii) it shall promptly notify the Fund and the Manager if the Subscriber discovers that any of such representations cease to be true, and will provide the Fund and the Manager with appropriate information in connection therewith. In accordance with the PCMLTFA, a Subscriber purchasing units directly from the Manager (and not through a registered dealer to whom the following has been provided) who is an individual must pay by cheque or attach a void cheque from a financial entity for the account in the name of the individual. For these purposes, a financial entity means a bank, credit union, caisse populaire, a trust and loan company or an agent of the Crown that accepts deposit liabilities. For corporationstrusts, limited partnerships or similar entities, other than those entities specifically exempted by the applicable rules, the Subscriber must complete Schedule “CDto this Subscription Agreement and provide proof of the entity’s existence (e.g. certificate of corporate statusattach all necessary documentation. Individual Subscribers, or partnership agreement or other constating document), a list showing the name and occupation of each director, a list showing the name, address and occupation of all individuals who own or control directly or indirectly 10% or more of the entity, evidence of signatory’s authority to bind the Subscriber, an original or guaranteed copy of proof of identification (drivers license or passport) for the Signatory and a void cheque from a financial entity for an account in the name of the signatory. Individuals must provide original or guaranteed proof of identity in the form signatory of a current driver’s licence or passport (if original copies are Subscriber that is not provided, the an individual must have and that is not exempted from completing Schedule “D”, must complete Schedule “Eto this Subscription Agreement completed)and, if necessary, Schedule “E-1” and attach all necessary documentation. The Manager, in its sole discretion, may waive such requirements where it has reasonable grounds to believe that applicable anti-money laundering laws and regulations have been complied with in respect Individual Subscribers must complete Schedule “F” regarding the Subscriber’s status as a foreign or domestic politically exposed person or head of an international organization (or family member or close associate of such subscription. In order to assist the Manager in discharging its obligations, the Subscriber represents that neither he or she, or any director, officer and beneficial owner of it (unless the entity is specifically exempteda person), nor any of such persons’ mother or father, child, spouse or common-law partner, spouse's or common-law partner's mother or father, or brother, sister, half-brother or half-sister, is a politically exposed foreign person. A “politically exposed foreign person” is an individual who holds or has ever held one of the following offices or positions in or on behalf of a foreign country: a head of state or government; a member of the executive council of government or member of a legislature; a deputy minister (or equivalent); an ambassador or an ambassador's attaché or counsellor; a military general (or higher rank); a president of a state owned company or bank; a head of a government agency; a judge; or a leader or president of a political party in a legislature. The Subscriber will immediately notify the Manager if the status of any such person in this regard changes. In order to enable it to perform the anti-money laundering checks in relation to the Limited Partners as required by applicable law, the Manager and/or the Partnership’s administrator may be required to disclose identification information in relation to such Limited Partners to a third-party service provider of web-based anti-money laundering identity verification and search applications, which applications are commonly used as a component of anti-money laundering compliance programs. The Subscriber acknowledges that if, as a result of any information or other matter which comes to the Manager’s attention, any director, officer or employee of the Manager, or their its professional advisers, knows or suspects that an investor is engaged in money launderinglaundering or terrorist financing activities, such person is required to report such information or other matter to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) and such report shall not be treated as a breach of any restriction upon the disclosure of information imposed by Canadian law or otherwise.

Appears in 1 contract

Samples: Subscription Agreement and Power

Anti-Money Laundering and Anti-Terrorist Financing Legislation. In order to comply with Canadian legislation aimed at the prevention of money laundering and terrorism financing, the Manager may require additional information concerning investors from time to time, and the Subscriber agrees to provide all such information. The Subscriber represents to the Fund and the Manager that none of the funds being used to purchase the Units are, to the Subscriber’s knowledge, proceeds obtained or derived directly or indirectly as a result of illegal activities. The funds being used to purchase the Units which will be advanced by the Subscriber to the Fund or the Manager hereunder will not represent proceeds of crime for the purposes of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) (the “PCMLTFA”) and the Subscriber acknowledges that Fund and the Manager may in the future be required by law to disclose the Subscriber’s name and other information relating to this Subscription Agreement and the Subscriber’s subscription hereunder, on a confidential basis, pursuant to the PCMLTFA. To the best of its knowledge: (i) none of the funds to be provided by the Subscriber are being tendered on behalf of a person or entity who has not been identified to the Subscriber; and (ii) it shall promptly notify the Fund and the Manager if the Subscriber discovers that any of such representations cease to be true, and will provide the Fund and the Manager with appropriate information in connection therewith. In accordance with the PCMLTFA, a Subscriber purchasing units directly from the Manager (and not through a registered dealer to whom the following has been provided) who is an individual must pay by certified cheque or attach a void cheque from a financial entity for the account in the name of the individual. For these purposes, a financial entity means a bank, credit union, caisse populaire, a trust and loan company or an agent of the Crown that accepts deposit liabilities. For corporations, limited partnerships or similar entities, other than those entities specifically exempted by the applicable rules, the Subscriber must complete Schedule “C” to this Subscription Agreement and provide proof of the entity’s existence (e.g. certificate of corporate status, or partnership agreement or other constating document), a list showing the name and occupation of each director, a list showing the name, address and occupation of all individuals who own or control directly or indirectly 1025% or more of the entity, evidence of signatory’s authority to bind the Subscriber, an original or guaranteed copy of proof of identification (drivers license or passport) for the Signatory and a void cheque from a financial entity for an account in the name of the signatory. Individuals must provide original or guaranteed proof of identity in the form of a current driver’s licence or passport (if original copies are not providedin a manner acceptable to the Manager, the individual must have Schedule “D” subject to this Subscription Agreement completed)applicable requirements. The Manager, in its sole discretion, may waive such requirements where it has reasonable grounds to believe that applicable anti-money laundering laws and regulations have been complied with in respect of such subscription. In order to assist the Manager in discharging its obligations, the Subscriber represents that neither he or she, or any director, officer and beneficial owner of it (unless the entity is specifically exempted), nor any of such persons’ mother or father, child, spouse or common-law partner, spouse's or common-law partner's mother or father, or brother, sister, half-brother or half-sister, is a politically exposed foreign person. A “politically exposed foreign person” is an individual who holds or has ever held one of the following offices or positions in or on behalf of a foreign country: a head of state or government; a member of the executive council of government or member of a legislature; a deputy minister (or equivalent); an ambassador or an ambassador's attaché or counsellor; a military general (or higher rank); a president of a state owned company or bank; a head of a government agency; a judge; or a leader or president of a political party in a legislature. The Subscriber will immediately notify the Manager if the status of any such person in this regard changes. The Subscriber acknowledges that if, as a result of any information or other matter which comes to the Manager’s attention, any director, officer or employee of the Manager, or their professional advisers, knows or suspects that an investor is engaged in money laundering, such person is required to report such information or other matter to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) and such report shall not be treated as a breach of any restriction upon the disclosure of information imposed by Canadian law or otherwise.

Appears in 1 contract

Samples: Subscription Agreement

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