In the unlikely event that a conflict of interest could not be managed by the Management Company or its delegates, confidentiality permitting, the Management Company will take the relevant measures to inform the investors.
In case you would need to address any complaint to the Management Company, please send your concerns to:
Bantleon GmbH
Complaints Handling Officer
An der Börse 7
30159 Hannover
Telephone: +49 (0) 511 288 798-0
Contact via E-Mail
The Complaints Handling Officer will confirm receipt of your mail/e-mail and organize the answer to your concerns in the shortest possible timeframe.
1. Overview
This document outlines Bantleon GmbH’s general remuneration principles, which have the following aims:
- The remuneration principles promote a solid and effective risk management environment in line with investors’ interests and discourage staff from taking on risks that are not compatible with the risk profiles, contractual terms and articles of association of the funds managed by the Management Company.
- They are aligned with the Management Company’s corporate strategy, objectives, values and interests and those of the funds it manages as well as investors in such funds and include measures to avoid conflicts of interest. The remuneration principles are also in line with the sustainability objectives of the Company and the managed funds and promote the identification, analysis and mitigation of sustainability risks.
- They guarantee that remuneration complies with the applicable regulatory requirements, specifically (i) § 37 of the German Capital Investment Code (Kapitalanlagegesetzbuch, KAGB), (ii) the UCITS Directive 2014/91/EU, (iii) the ESMA final report on sound remuneration policies under the UCITS Directive and AIFMD of 31 March 2016 and (iv) the Regulation (EU) 2019/2088 on sustainability-related disclosure requirements in the financial services sector.
This remuneration policy applies to employees of Bantleon GmbH who qualify as »identified staff«, including the Executive Board, Portfolio Management, Compliance and Risk Management. All employees in the above functions are in a position to exert a potentially material influence, either individually or collectively, on the balance sheet and/or the income statement by endangering performance targets or on the risk profiles of the funds managed by the Management Company.
2. Calculation of remuneration
The remuneration paid to the Management Company’s employees comprises a fixed component and a variable component. The two components are suitably proportionate to each other and do not create an incentive to take on risks that are not compatible with the risk profiles and investment restrictions of the investment portfolios the employees manage. The fixed component is sufficient to ensure a flexible policy with regard to the variable component, which may be omitted entirely.
Guaranteed variable remunerations (bonuses) are only offered at the start of an employment relationship, and then only for a maximum of one year.
3. Principle of proportionality
The principle of proportionality allows the Management Company to exclude certain requirements of the UCITS Directive 2014/91/EU. Specifically, the Management Company does not comply with the requirements for payments to identified staff set out in the following paragraphs of the Directive:
- Art. 14b para. 1 h) assessment of performance set in a multi-year framework and actual payment of performance-related components of remuneration spread over the same period;
- Art. 14b para. 1 l) adjustment mechanism for variable remuneration components;
- Art. 14b para. 1 m) payment in the form of fund shares;
- Art. 14b para. 1 n) deferred payment.
4. Identity of persons responsible for allocation
The senior management of the Management Company is responsible for drafting, reviewing and implementing the remuneration policy and for allocating remuneration.
5. Review and amendment
These remuneration principles are reviewed at least once a year.
The following is a summary of the legal enforcement options available to shareholders in addition to the classic civil law action before the ordinary courts.
Extrajudicial involvement of disputes
Shareholders have the right to apply to the competent supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF), for an out-of-court settlement of a complaint (https://www.cssf.lu/de/kundenbeschwerden/).
EU online dispute resolution platform
In the event of disputes concluded in connection with electronically concluded purchase or service contracts, consumers can also turn to the EU's online dispute resolution platform (www.ec.europa.eu/consumers/odr). The following e-mail address can be given as the contact address of Bantleon GmbH: legal(at)bantleon.com.
The platform only establishes contact between the parties and a competent national dispute resolution body, it is not a dispute resolution body itself.
The right to appeal to the courts remains unaffected by a conciliation procedure.
Right of revocation pursuant to § 305 of the German Investment Act (Kapitalanlagegesetzbuch - KAGB)
If the purchaser of units of an open-ended investment fund has been determined to make a declaration of intent to purchase by oral negotiations outside the permanent business premises of the person who sold the units or brokered the sale, the purchaser shall only be bound by this declaration if he or she does not revoke it in text form within a period of two weeks with Bantleon GmbH or a representative within the meaning of § 319 KAGB; this shall also apply if the person who sold the units or brokered the sale does not have permanent business premises. In the case of distance selling transactions, § 312g (2) sentence 1 number 8 BGB shall apply analogously.
The timely dispatch of the declaration of revocation shall be sufficient to comply with the time limit. The revocation period shall not begin to run until the copy of the application to conclude the contract has been handed over to the buyer or a purchase invoice has been sent and the copy or the purchase invoice contains instructions on the right of revocation that meet the requirements of Article 246 (3) sentences 2 and 3 of the Introductory Act to the German Civil Act. The burden of proof shall be on the seller if the commencement of the period is disputed pursuant to Article 305 (2) sentence 2 KAGB.
The right of withdrawal does not apply if the seller proves that
1. the buyer is not a consumer within the meaning of section 13 of the Civil Act, or
2. he/she visited the buyer for the negotiations leading to the sale of the units on the basis of a prior appointment in accordance with section 55(1) of the Trade, Commerce and Industry Regulation Act.
If the purchaser has already made payments and the revocation has already taken place, Bantleon GmbH is obliged to pay the purchaser, if necessary concurrently with the retransfer of the purchased shares, the costs paid as well as an amount corresponding to the value of the paid shares on the day after receipt of the declaration of revocation.
It is not possible to waive the right of revocation.
The previous provisions on the right of revocation for the purchase of units shall apply analogously to the sale of units by the investor.
Sample declaratory action
In the event of disputes with Bantleon GmbH, consumers domiciled in Germany have the right to participate in a class action in the sense of a model declaratory action pursuant to § 606 ZPO.
This overview is intended to set out the most central and important rights as a shareholder of BANTLEON SELECT SICAV, for which Bantleon Invest AG has been appointed as Management Company, within the meaning of the European Union Regulation on facilitating cross-border distribution (Regulation (EU) 2019/1156). This is not a complete list of all rights. Shareholders should always read the relevant legal documents of BANTLEON SELECT SICAV in full and consult their professional advisers.
Right to information
Shareholders may request copies of the fund's legal documents (including the articles of incorporation, the prospectus, the key information documents, the semi-annual and annual reports, the issue and redemption prices, the shareholder notices and the agreements concluded between the custodian and Bantleon GmbH). They are also published on the website of Bantleon GmbH.
Right to attend and vote at meetings of shareholders
Every investor in the BANTLEON SELECT SCAV has the right to be notified of meetings of shareholders in order to attend and vote in person or by proxy.
Right to redemption or conversion of shares
Shareholders may, where applicable, process subscription, repurchase, redemption and conversion requests through the relevant Registrar and Transfer Agent, subject to the conditions set out in the prospectus.
Right to data protection
Subject to applicable law, shareholders may have rights in relation to their personal data. A copy of the Privacy Policy can be accessed at https://www.bantleon.com/en/privacy/data-protection-notice-eu and https://www.bantleon.com/en/privacy/data-protection-notice-ch.
Right to complain
Any shareholder who is dissatisfied with their experience as a shareholder in BANTLEON SELECT SICAV should contact Bantleon GmbH. Information on the complaints procedure is available at https://www.bantleon.com/en/general-information.