Management of the Funds. The Adviser hereby undertakes to act as investment adviser to the Funds. The Adviser shall regularly provide investment advice to the Funds and continuously supervise the investment and reinvestment of cash, securities and other property composing the assets of the Funds and, in furtherance thereof, shall:
(i) supervise all aspects of the operations of the Trust and each Fund;
(ii) obtain and evaluate pertinent economic, statistical and financial data, as well as other significant events and developments, which affect the economy generally, the Funds' investment programs, and the issuers of securities included in the Funds' portfolios and the industries in which they engage, or which may relate to securities or other investments which the Adviser may deem desirable for inclusion in a Fund's portfolio;
(iii) determine which issuers and securities shall be included in the portfolio of each Fund;
(iv) furnish a continuous investment program for each Fund;
(v) in its discretion and without prior consultation with the Trust, buy, sell, lend and otherwise trade any stocks, bonds and other securities and investment instruments on behalf of each Fund; and
(vi) take, on behalf of each Fund, all actions the Adviser may deem necessary in order to carry into effect such investment program and the Adviser's functions as provided above, including the making of appropriate periodic reports to the Trust's Board of Trustees.
Management of the Funds. The Sub-Adviser hereby undertakes to act as investment subadviser to the Funds. The Sub-Adviser shall regularly provide investment advice to the Funds and continuously supervise the investment and reinvestment of cash, securities and other property composing the assets of the Funds and, in furtherance thereof, shall:
(i) obtain and evaluate pertinent economic, statistical and financial data, as well as other significant events and developments, which affect the economy generally, the Funds' investment programs, and the issuers of securities included in the Funds' portfolios and the industries in which they engage, or which may relate to securities or other investments which the Sub-Adviser may deem desirable for inclusion in a Fund's portfolio;
(ii) determine which issuers and securities shall be included in the portfolio of each Fund;
(iii) furnish a continuous investment program for each Fund;
(iv) in its discretion, and without prior consultation, buy, sell, lend and otherwise trade any stocks, bonds and other securities and investment instruments on behalf of each Fund; and
(v) take, on behalf of each Fund, all actions the Sub-Adviser may deem necessary in order to carry into effect such investment program and the Sub-Adviser's functions as provided above, including the making of appropriate periodic reports to the Adviser and the Trust's Board of Trustees.
Management of the Funds. The Sub-Adviser hereby undertakes to act as investment sub-adviser to each Fund with respect to that portion of the assets of the Fund that the Adviser allocates from time to time to the Sub-Adviser to manage (which portion may include any or all of the Fund’s assets) and shall not consult with any other subadviser of such Fund concerning transactions for the Fund in securities or other assets.
Management of the Funds. The management of the funds concerns the increase of the profitability of the portfolio of the fund. By providing services of the management of the funds to a particular fund, there exists a possibility that the situations of the conflict of interest may arise: between the funds, that are under the management of the Company in a case when the Company will exercise inappropriate separation of the assets, and the principle of the separation of the assets will create an unjustified advantage for the one fund over the other; between the clients of the Company and the funds, that are under the management of the Company, when the Company as the manager of the fund is interested in the selling of the certificates of the investment funds to increase the commission for the management services, that is dependent on the amount of the emitted certificates of the investment fund, that is, from the amount of the assets of the fund.
Management of the Funds. The Adviser hereby undertakes to act as investment adviser to the Funds. The Adviser shall regularly provide investment advice to the Funds and continuously supervise the investment and reinvestment of cash, securities and other property composing the assets of the Funds and, in furtherance thereof, shall:
(i) provide the Fund with such investment research, data, advice and supervision as the Fund may consider necessary for proper supervision of its funds. The Adviser shall act as manager and investment adviser of the Fund and, as such, shall furnish continuously an investment program, which will include determining what securities shall be purchased or sold by the Fund and what portion of the assets of the Fund shall be held uninvested, subject always to the provisions of the Trust Instrument and By-Laws, the Fund’s fundamental investment policies as in effect from time to time, and control and review by the Board of Trustees.
(ii) take, on behalf of the Funds, all actions which the Adviser deems necessary to carry into effect the investment policies determined as provided above, and to that end the Adviser may designate a person or persons who are to be authorized by the Funds as the representative or representatives of the Funds, to give instructions to the Custodian of the assets of the Funds as to deliveries of securities and payments of cash for the account of the Funds.
(iii) make appropriate periodic reports to the Trust’s Board of Trustees.
Management of the Funds.
25.1 SRA must establish and maintain systems, procedures and controls to ensure:
(a) Funds are spent only in accordance with this Agreement and the Act;
(b) all dealings with the Funds are properly authorised, conducted and accounted for; and
(c) an auditor is able to readily verify that the Funds have been used only in accordance with this Agreement and the Act.
25.2 SRA must notify the Commonwealth of the details of the systems, procedures and controls established in accordance with clause 25.1 on request.
25.3 SRA must not delegate or outsource the responsibility for the management, allocation, or investment of Funds to third parties, including to Industry Representative Bodies. Note: For the avoidance of doubt, while SRA must not delegate or outsource responsibility for the provision of Research and Development Activities, this clause does not prevent SRA from using the services of an external program manager where SRA retains decision making responsibilities.
25.4 SRA must maintain, implement and regularly review a Risk Management Plan, a Fraud Control Plan, an Asset Management Plan and an Intellectual Property Management Plan. SRA must provide any material variations or updates to the Risk Management Plan, Fraud Control Plan, Asset Management Plan and Intellectual Property Management Plan, to the Commonwealth within 30 days of the variations or updates being adopted by SRA.
25.5 The accounting systems, processes and controls to manage the Funds with clause 25.1 must take into account the Risk Management Plan, Fraud Control Plan, Asset Management Plan, Intellectual Property Management Plan and the Cost Allocation Policy.
25.6 SRA must:
(a) keep complete and detailed accounts and records of receipt, use and expenditure of the Funds in accordance with good accounting practice including all applicable Australian accounting standards;
(b) keep the accounts and records referred to in clause 25.6(a) separately in relation to the Research and Development Payments and Commonwealth Matching Payments; and
(c) keep accounts and records referred to in clause 25.6(a) to enable disclosure of the full costs of the Research and Development Activities.
Management of the Funds. The Recipient must:
(a) ensure that the Funds are held in an account in the Recipient’s name and which the Recipient solely controls, with a deposit-taking institution authorised under the Banking Act 1959 (Cth) to carry on banking business in Australia; and
(b) identify the receipt and expenditure of the Funds separately within the Recipient’s accounts and records so that the Funds are identifiable at all times.
Management of the Funds. The Adviser hereby undertakes to act as investment adviser to the Funds. The Adviser shall regularly provide investment advice to the Funds and continuously supervise the investment and reinvestment of cash, securities and other property composing the assets of the Funds and, in furtherance thereof, shall:
(i) supervise all aspects of the operations of the Trust and each Fund including, but not limited to, overseeing the administration of the Fund's daily business affairs such as providing accurate accounting records, computing accrued income and expenses of the Fund, computing the daily net asset value of the Fund, assuring proper dividend disbursements, proper financial information to investors, notices of all shareholders' meetings and providing sufficient office space, storage, telephone services an personnel to accomplish these responsibilities;
(ii) obtain and evaluate pertinent economic, statistical and financial data, as well as other significant events and developments, which affect the economy generally, the Funds' investment programs, and the issuers of securities included in the Funds' portfolios and the industries in which they engage, or which may relate to securities or other investments which the Adviser may deem desirable for inclusion in a Fund's portfolio;
(iii) determine which issuers and securities shall be included in the portfolio of each Fund;
(iv) furnish a continuous investment program for each Fund;
(v) in its discretion and without prior consultation with the Trust, buy, sell, lend and otherwise trade any stocks, bonds and other securities and investment instruments on behalf of each Fund; and
(vi) take, on behalf of each Fund, all actions the Adviser may deem necessary in order to carry into effect such investment program and the Adviser's functions as provided above, including the making of appropriate periodic reports to the Trust's Board of Trustees.
Management of the Funds. The Recipient must ensure that the Funds are held in an account in the Recipient’s name and which the Recipient solely controls, with a deposit-taking institution authorised under the Banking Act 1959 (Cth) to carry on banking business in Australia; and identify the receipt and expenditure of the Funds separately within the Recipient’s accounts and records so that the Funds are identifiable at all times. If, on expiry or on any earlier termination of this Agreement, the DNP forms the reasonable opinion that any Funds have been used, spent or committed by the Recipient other than in accordance with this Agreement, the DNP may by written notice to the Recipient require the Recipient to repay that part of the Funds, and the Recipient must repay to the DNP the amount set out in the notice, within 20 business days of receipt of the notice.
Management of the Funds.
25.1 LiveCorp must establish and maintain systems, procedures and controls to ensure:
(a) Funds are spent only in accordance with this Agreement and the Act;
(b) all dealings with the Funds are properly authorised, conducted and accounted for; and
(c) an auditor is able to readily verify that the Funds have been used only in accordance with this Agreement and the Act.
25.2 LiveCorp must notify the Commonwealth of the details of the systems, procedures and controls established in accordance with clause 25.1 on request.
25.3 LiveCorp must not delegate or outsource the responsibility for the management, allocation, or investment of Funds to third parties, including to Industry Representative Bodies.
25.4 LiveCorp must maintain, implement and regularly review LiveCorp’s Risk Management Plan, Fraud Control Plan and Intellectual Property Management Plan and ensure they effectively meet LiveCorp’s requirements.
25.5 LiveCorp must provide any material variations or updates to the Risk Management Plan, Fraud Control Plan and Intellectual Property Management Plan, to the Commonwealth within 30 days of the variations or updates being adopted by the Board.
25.6 The accounting systems, processes and controls to manage the funds with clause 25.1 must take into account LiveCorp’s current Risk Management Plan, Fraud Control Plan and Cost Allocation Policy.
25.7 LiveCorp must:
(a) keep complete and detailed accounts and records of receipt, use and expenditure of the Funds in accordance with good accounting practice including all applicable Australian accounting standards;
(b) keep the accounts and records referred to in clause 25.7(a) separately in relation to the Marketing Funds, Research and Development Funds, Commonwealth payments and Voluntary Contributions; and
(c) keep accounts and records referred to in clause 25.7(a) to enable disclosure of the full costs of the Research and Development and Marketing Programs.
