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Our Policies

Our policies cover the following areas:

The goal of FERI’s Sustainability Policy is to define a clear basic understanding, related standards, and objectives, as well as to establish compliant courses of action and rules of conduct regarding sustainability. In addition to regulatory considerations, our approach to sustainability is based on the SDGs. For us, regulations and the SDGs are key factors in integrating sustainability aspects and risks into investment decision-making processes and investment advisory activities. Furthermore, the SDGs form the basis of our commitment to corporate social responsibility. Learn more here.

FLX Sustainability Policy

This Stewardship Policy (only available in German) sets out the principles necessary to exercise the voting rights of the securities in the investment funds managed by FERI (Luxembourg) S.A. in order to safeguard the interests of the funds and the underlying investors. In this respect, the Policy refers in particular to Article 7 of the amended Luxembourg law of 24 May 2011 implementing, inter alia, Article 3g of the European Directive 2017/828 of 17 May 2017 amending Directive 2007/36/EC as regards the promotion of long-term shareholder engagement.

FERI (Luxembourg) S.A. (headquartered in Luxembourg), FERI (Luxembourg) S.A. - German Branch, and their employees are required to provide their services in the best interests of investors and clients and to avoid conflicts of interest wherever possible.

Should you nevertheless be dissatisfied with any aspect of our services, please contact us with your complaint.

FERI (Luxembourg) S.A.
- Beschwerdestelle -
18, boulevard de la Foire
L-1528 Luxembourg
Grand Duchy of Luxembourg
Phone: +352 270448-722
E-Mail: info@feri.lu

For any follow-up questions regarding your complaint, please indicate your preferred method of communication (mail, telephone, or e-mail) and provide your contact details.

You will receive an acknowledgement of receipt without undue delay and, at the latest within ten business days, an initial response to your complaint, including information on the further handling process and the expected processing time, if applicable.

If you are not satisfied with the response received, you may contact the responsible member of the Management Board of FERI (Luxembourg) S.A., Mr Christian Schröder.

If you have not received a response, or if the response received is not satisfactory, within one month of submitting your complaint, you may, in accordance with CSSF Regulation No. 16-07, initiate an out-of-court complaint resolution procedure with the CSSF. The CSSF may be contacted by mail at Commission de Surveillance du Secteur Financier (CSSF), Département Juridique CC, 283, route d'Arlon, L-2991 Luxembourg or by fax at (+352) 26 25 1 - 2601, by e-mail at reclamation@cssf.lu, or by using the online complaint form available on the CSSF website.

1. Introduction and Scope of Application
The management company FERI (Luxembourg) S.A. (headquartered in Luxembourg) and FERI (Luxembourg) S.A. – German Branch (hereinafter collectively referred to as “FLX”) are committed to avoiding conflicts of interest. These are based on

Article 109(1)(b) and Article 111(d) of the Law of December 17, 2010, on Undertakings for Collective Investment, as further regulated by CSSF Regulation 10-04 with respect to UCITS funds;
Article 13 of the Law of July 12, 2013, on Alternative Investment Fund Managers and Section 2 of the Level 2 AIFM Implementing Regulation regarding Article 14 of the AIFM Directive, which pertain to the management of investment funds or “Alternative Investment Funds,” as further regulated by CSSF Regulation 15-07, with respect to Alternative Investment Funds;
Section 27 of the German Capital Investment Code (KAGB), insofar as it concerns the activities of a branch located in Germany in the management of alternative investment funds;
the types of funds listed in the preceding indents are hereinafter referred to briefly as “funds,”

Article 7 of the Act of June 15, 2004, on Venture Capital Companies (SICAR) (Organizational Structures and Requirements) in conjunction with CSSF Regulation No. 15-08
concerning venture capital companies (SICARs) in which FLX participates; for the sake of editorial simplicity, these are also referred to as “funds” hereinafter.

Conflicts of interest arise when multiple individuals have an interest in the proper execution of certain business opportunities, or when one person’s business opportunity depends on a specific decision made by another person. To the extent that conflicts of interest cannot be avoided, FLX conducts its business in a manner that ensures conflicts of interest are handled fairly.

FLX will implement organizational arrangements and administrative measures to enable it to take all necessary steps to identify, prevent, resolve, and monitor conflicts of interest. To this end, the FLX Executive Board issues these guidelines, which specify the detailed requirements.

These guidelines apply to all areas of FLX, to its clients and the funds it manages, as well as to Relevant Persons as defined below. In the case of relevant outsourced activities, FLX will ensure that appropriate regulations are implemented by the service providers. Compliance with statutory provisions, in conjunction with the permissions, prohibitions, and obligations arising from this policy, is mandatory for all employees and relevant persons at FLX.

This Conflict of Interest Policy is an integral part of FLX’s comprehensive compliance management system.

2. Definitions
2.1. Investors, Clients, Relevant Persons, Affiliated Companies/Parties
Investors, as defined in the Conflict of Interest Policy, are:

Investors who have invested in a fund managed by FLX;
Investors who have invested in another fund not managed by FLX;
Clients, as defined in this Policy, are all clients of FLX.

Relevant Persons are members of the FLX Executive Board and all FLX employees (or employees of any outsourcing companies commissioned by FLX, if applicable), as well as any other natural or legal person who, under an agreement to outsource tasks to third parties, is directly involved in providing services to FLX that enable FLX to manage the funds.

Affiliated companies/parties are those that have a special relationship with FLX or a fund managed by FLX, such that conflicts of interest could arise. Affiliates of FLX include, for example, companies affiliated through the FERI Group or its ownership structure. Affiliates or related parties at the fund level include, for example, the investment fund manager, the custodian, the portfolio manager, the central administration office, the investment advisor, the investor, and other natural persons associated with the fund.

2.2.  Conflicts of Interest as Defined in This Policy
The scope of this Conflict of Interest Policy covers all conflicts of interest that could pose a risk of loss to investors in a fund managed by FLX. Such conflicts of interest may arise in connection with the management of funds in the following situations or legal relationships:

between the management company, including its executives, employees, or any other person directly or indirectly affiliated with the management company through a controlling relationship, and the fund it manages or the investors in that fund;
between the management company and its affiliated companies or parties;
the fund or the investors in that fund and another fund or the investors in that fund;
the fund or the investors in that fund and another client of the management company;
the fund or the investors in that fund and affiliated companies or parties;
the fund or the investors in that fund and a fund managed by the management company or the investors in that fund;
two clients of the management company; or
in connection with the consideration of sustainability risks in the management company’s processes, systems, and internal controls. This applies in particular to stewardship activities.

3.1. Conflicts of Interest
A conflict of interest involving FLX or any outsourcing company it may have engaged and/or a Relevant Person in connection with the management of the Fund is indicated, in particular, if the following situation exists with respect to FLX and/or a Relevant Person:

Obtaining a financial advantage for FLX, an outsourcing firm, or a Relevant Person at the expense of the Fund or its investors;
Having an interest in the outcome of a service provided to the Fund by FLX, an outsourcing firm, or a Relevant Person that is not consistent with the interests of the investors in the Fund managed by FLX with respect to that outcome;
Avoiding a financial loss for FLX, an outsourcing company, or a Relevant Person at the expense of the fund or its investors;
The interests of FLX, an outsourcing company, or a Relevant Person in the service provided to the fund—apart from the compensation—do not align with the interests of the fund;
Favoring the interests of an individual investor, a group of investors, or another fund at the expense of the fund managed by FLX;
Simultaneous performance of an identical activity for multiple funds;The existence of a financial or other incentive to prioritize the interests of one fund over those of another fund also managed by FLX;
Receipt of compensation from a third party in connection with fund management;
A company selected for an investment has ties to a (potential) investor;
FLX holds voting rights in a company affiliated with a (potential) investor;
FLX holds voting rights in a company affiliated with the parent company or affiliated subsidiaries.

3.2.  Vermeidung von Interessenkonflikten
Um das Entstehen von Interessenkonflikten zu verhindern, müssen sich FLX – oder gegebenenfalls das von ihr beauftragte Outsourcing-Unternehmen – sowie alle betroffenen Personen zur Einhaltung hoher Standards verpflichten. Dazu gehören ein stets rechtmäßiges und professionelles Handeln sowie die Einhaltung allgemeiner Marktregeln unter ständiger Berücksichtigung der Interessen der Anleger. Die organisatorischen Vorkehrungen und administrativen Maßnahmen zur Vermeidung von Interessenkonflikten müssen sich unter Beachtung des Grundsatzes der Verhältnismäßigkeit nach der Größe und Organisation von FLX sowie nach Art, Umfang und Komplexität ihrer Geschäftstätigkeit richten.

Die zur Vermeidung von Interessenkonflikten getroffenen Schutzmaßnahmen müssen angemessen und wirksam sein. Insbesondere muss sichergestellt werden, dass die betroffenen Personen mit allen für die ordnungsgemäße Erfüllung ihrer Aufgaben erforderlichen Verfahren vertraut sind und diese beherrschen. Zu diesem Zweck werden Prozessbeschreibungen und Arbeitsanweisungen erstellt sowie Schulungen durchgeführt. In diesem Zusammenhang sind Unterlagen zu Funktionen, Berichtswegen und Zuständigkeiten zu erstellen.

3.3.  Organizational Measures
To avoid conflicts of interest, it must be ensured that FLX, or any outsourcing firms it may engage, and the relevant persons and employees acting on their behalf, conduct their business activities independently while taking into account potential risks to the funds and their investors, as well as to clients. To ensure the independence of FLX and the relevant persons, the following organizational measures are taken:

FLX, or any outsourcing firm it may engage, conducts its business activities independently of the interests of third parties;
Functional and physical separation of the various business areas, in particular between fund management and compliance, control systems, and risk management, as well as separation of tasks and areas of responsibility relating to internal operational processes that are deemed incompatible with one another or that could give rise to potential systematic conflicts of interest (separation of functions);
Establishment of an employee compensation policy in accordance with regulatory requirements that ensures relevant persons are incentivized by the performance of all funds under their management, thereby counteracting any favoritism toward individual funds or clients;
Establishment, as necessary, of confidential areas and information barriers using virtual or physical barriers (so-called “Chinese walls”) to restrict the flow of information
Implementation of a policy on personal business;
Implementation of a policy on employee benefits and other perks provided by FLX, its employees, or relevant persons;
Requirement that FLX executives complete a questionnaire regarding potential conflicts of interest when launching a new fund;
Establishment of measures to prevent or limit any unintended influence on the activities of a relevant person.

3.4. Administrative Measures
To prevent conflicts of interest, the Executive Board of FLX—or, where applicable, the outsourcing company commissioned by FLX—has implemented the following administrative measures with regard to the monitoring and training of relevant persons and employees acting on behalf of FLX:

Implementation of processes and measures to monitor whether FLX employees comply with the code of conduct and procedures for handling conflicts of interest;
Processes for resolving conflicts of interest are in place within and between individual departments and must be strictly adhered to whenever a conflict of interest is identified;
Appropriate documentation exists regarding the services and activities of FLX, its Executive Board, employees, or relevant persons in cases where a conflict of interest has been identified;
In the case of investment opportunities that are suitable for multiple funds with the same investment strategy, FLX will offer the investment opportunity to all eligible funds under its management on the same terms, in accordance with the principle of equal treatment, and, if multiple funds under its management express interest in the investment, will allocate the investment opportunity among the interested funds or, if the opportunity cannot be divided, will apply a suitable allocation procedure (rotation method or random selection/lottery method) and document the process accordingly;
In transactions with affiliated companies or parties, it must be ensured that the respective transaction is conducted at all times in accordance with the arm’s-length principle, under fair and market-standard terms for both the parties involved and those not involved. To ensure this, an external assessment of the market price or similar appropriate procedures could be used, for example; Transactions with affiliated companies or parties must be recorded in the conflict of interest register and are regularly reviewed by the Executive Board;
To the extent that the appropriate resolution or monitoring of a conflict of interest requires it, relevant individuals and FLX employees may be asked to cease their work on a specific business activity or their participation in management in order to resolve a potential conflict of interest;
Regular training for all affected FLX employees, as well as proof of training for outsourcing companies commissioned by FLX and relevant persons at FLX.

4. Handling Conflicts of Interest

4.1. Officer Responsible for Avoiding Conflicts of Interest

The FLX Executive Board has appointed an Officer for the Prevention of Conflicts of Interest (hereinafter “Conflict of Interest Officer”). The Conflict of Interest Officer is the member of the FLX Executive Board responsible for compliance. The Conflict of Interest Officer is responsible for the ongoing identification, prevention, resolution, management, and monitoring of conflicts of interest.

The Conflict of Interest Officer reports directly and regularly to the Executive Board on the performance of his or her duties.

The Conflict of Interest Officer must ensure that the individuals affected by these Conflict of Interest Management Guidelines are informed of them in principle and receive regular training.

In addition, the Conflict of Interest Officer is responsible for regularly monitoring compliance with these Conflict of Interest Management Guidelines.

If a conflict of interest is identified, the Conflict of Interest Officer must inform the FLX Executive Board of the nature and scope of the conflict of interest and document this accordingly.

In the event of a conflict between the English and German versions of this guideline, the German version will prevail.

4.2.  Resolution and Monitoring of Conflicts of Interest
If a conflict of interest is identified as defined in the Conflict of Interest Management Guidelines, it must be addressed and resolved promptly and fairly.

The assessment of a potential conflict of interest is a two-step process: the first step is conducted by the Conflict of Interest Officer, and the second step—if the conflict of interest cannot be resolved—is conducted by FLX’s Executive Board or Supervisory Board.

If, in the course of managing a conflict of interest, it becomes apparent that the existing and ongoing measures are not suitable or sufficient to resolve a potential conflict of interest, additional measures must be taken, such as:

A thorough review of all available measures by the responsible member of the Executive Board and the implementation of fund-specific information restrictions or other additional measures to ensure information segregation;
Resolving the conflict of interest by transferring responsibility for managing the conflict to a higher level of management that is responsible for FLX’s business strategy and can accurately assess the potential risks;
Termination of the activity;
Abstention from exercising voting rights.

4.3. Disclosure of Conflicts of Interest

FLX is required to inform investors of conflicts of interest as soon as it becomes apparent that the organizational measures taken by FLX to identify, prevent, resolve, and monitor conflicts of interest are insufficient to ensure, to a reasonable degree, that the risk of harm to the interests of investors and/or the managed fund is avoided. The disclosure obligation also covers potential conflicts of interest that may arise in connection with the delegation, outsourcing, or subdelegation of portfolio and/or risk management functions. Furthermore, any transactions by employees and relevant persons in connection with the managed fund must be disclosed.

FLX’s obligation to disclose irreconcilable conflicts of interest requires that investors be informed of the general nature and sources of such conflicts prior to the execution of the relevant business transaction and that appropriate strategies and procedures be developed.

Disclosure of potential or actual conflicts of interest may be made via a permanent medium or, for example, through publication on FLX’s website.

To the extent that conflicts of interest are generally disclosed on FLX’s website, FLX must ensure the implementation of and compliance with the following measures:

The website address must be disclosed to investors.
The information posted on the website must be updated on an ongoing basis.

In accordance with applicable law and regulations by authorities, as well in regard of sustainability risks as defined in REGULATION (EU) 2019-2088 on Sustainability disclosures, FERI (Luxembourg) S.A. („FLX“ or „Company“) has defined remuneration guidelines applicable to their staff members.

The remuneration system has to be in line with the business strategy, the objectives and values as well as the long-term interests of FLX and the investment funds administrated. It has as well to be in line with the risks that can be taken by the investment funds (compliance of risk profiles with regulation of the funds) and with the principle of protecting clients and investors by executing the service. The remuneration system is consistent with a solid and effective risk management, it should not generate any incentives to take immoderate risks and respects to avoid potential conflict of interest.

The remuneration of the members of staff and the bodies consists in general a fix (incl. possible monetary and non-monetary Benefits) and a variable component. The allocation of the fix component is oriented on market standards and has to be a sufficient remuneration for the members of staff and the bodies, this to exclude a significant dependence from variable components.

 The variable remuneration is based especially by the following factors:

  • Success of the Company resp. FERI group (for members of staff of the Branch Germany)
  • Performance of the person
  • Qualification, experience and capability of the person
  • Kind and coverage of the work assigned 
  • Success of a certain investment (in case of a carried interest)
  • Success of a Fund (in case of a carried interest). 

The variable remuneration of specific categories of members of staff (e.g. board members, risk taker, control function, staff members with salary equivalent to board members as well as staff members with significant influence on riks profiles of FLX or the administrated investment funds) is orientated on long-term performances.

The remuneration system will be set in place by the board of directors after having passed the remuneration committee. The supervisory board acts as well as remuneration committee and will do an annual review of the remuneration system. 

- In the event of a conflict between the English and German versions of this guideline, the German version will prevail.

Herewith we inform you about the processing of your personal data through FERI (Luxembourg) S.A. and about your rights regarding the data protection law.

The English version is a translation of the original in German for information purposes only. In case of a discrepancy, the German original will prevail.

Responsible Person of Data Processing

Responsible for the data processing:

FERI (Luxembourg) S.A.
18, Bd. de la Foire, L-1528 Luxembourg
Phone: +352 270448-0 / Fax: +352 270448-729 / e-Mail: info@feri.lu

Data Protection Officer

You can contact the data protection officer of FERI (Luxembourg) S.A. under this e-Mail: datenschutz@feri.lu.

Legal Bases, Sources and Purpose of the Data Processing

We are processing your personal data because of the data protection regulations especially based on the EU General Data Protection Regulation (GDPR) and on other relevant national laws.

We are processing these personal data, which we get from business relationships with our customers, business associates and interested parties. Furthermore, we are processing, if necessary for our service, personal data which we get, permitted by law, from public sources (e.g. commercial register, register of associations, press and internet) or which we get from other companies of the FERI-Group, MLP-Group or other third parties.

Relevant personal data are personal details (name, address, other contact data, birthday, birthplace and citizenship), legitimation data (e.g. passport data) and authentication data (e.g. specimen signature). Furthermore, these data could include order data (e.g. bank details for payment orders), data from our contractual fulfillments (e.g. sales data of transactions), information about your financial situation (e.g. creditworthiness data, scoring/rating data, source of financial assets), commercial and distribution data, documentary data (e.g. suitable standardized declaration) and other data comparable to these categories.

Reasons for the Processing of Personal Data:

a. To Fulfill Our Contracts (art. 6 para. 1 b GDPR)
To make business as a fund management company, the processing of data is necessary to fulfill our contracts with our clients and business partner or to perform precontractual appropriate measures which are performed on request.

The purpose of the data processing is about the specific product (e.g. about the specific investment fund) and could also include consultation and a provision of transactions.

b. Within the Scope of the Balancing of Interest (art. 6 para. 1 f GDPR)
If necessary we are processing your data on top of the contractual fulfillments to balance the justified interests of us or of third parties.

Examples:

  • Measures of business management and further development
  • Within the scope of services and products
  • Risk management
  • Analysis and optimization of processes for needs analysis for the purpose of the direct approach of clients
  • Advertising or market and opinion research unless you have objected to the use of your data
  • Assertion of statutory claims und defense
  • Within the scope of legal disputes
  • Ensuring IT security and IT Operation

c. Due to Your Approval (art. 6 para. 1 a GDPR)
As soon as you gave us your approval to proceed with your personal data for specific reasons (e.g. to give data to others in the concern, e-mail contact data for marketing reasons) the data proceeding is legal for us. Notice that this approval can be revoked anytime.

d. On the Basis of Statutory Regulations (art. 6 para. 1 c GDPR) or in the Public Interest (art. 6 para. 1 e GDPR)
Moreover, we, as a fund management company, are subject to various legal obligations, i.e. statutory requirements (such as the Law on Money Laundering or tax laws) and regulations relating to the supervision of banking (e.g. of the banking supervision of Luxembourg). The purposes of processing include, among others, the assessment of creditworthiness, checking identity and age, prevention of fraud and money laundering, compliance with obligations of control and reporting under tax law and the assessment and management of risks.

Obligation to Provide Data

Within the scope of our business relationship, you are obliged to provide those personal data which are required for commencing, executing and terminating a business relationship and for compliance with the associated contractual obligations or the collection of which is imposed upon us by law. Without these data, we will generally not be able to enter into agreements with you, to perform under such an agreement or to terminate it. Under the statutory regulations in connection with money laundering, we are especially obliged to identify you by an ID document before entering into business relations with you and, especially, to ask for and record your name, place of birth, date of birth, nationality, address and identity card details. So as to enable us to comply with these statutory obligations, you are obliged to provide the necessary information and documents in connection with the anti-money laundering law and to report any changes that may occur in the course of our business relationship. If you should fail to provide the necessary information and documents, we are not permitted to enter into the desired business relationship or to continue with such a relationship.

Categories of Recipients of the Personal Data

Within the FERI-Group and MLP-Group, those units will be granted access to your data that need them in order to comply with our contractual and statutory obligations. Service providers and agents appointed by us may also receive the data for these purposes on the condition that they, specifically, observe banking secrecy. These are companies in the categories funds administration, IT services, telecommunication as well as sales and marketing.

As far as passing on data to recipients outside our company is concerned, it must first be kept in mind that we, as a fund management company are obliged to keep all client-related facts and assessments we become aware of in strict confidence.

As a matter of principle, we may pass on information about our clients only if this is required by law or the client has given his consent. Under these circumstances, recipients of personal data may, for example, be:

  • Public authorities and institutions (such as the European Banking Supervisory Agency, the Federal Agency for the Supervision of Financial Services or authorities prosecuting criminal acts) provided a statutory obligation or an official decree is in place.
  • Other loan and financial services institutes or comparable institutes to whom we transmit your personal data for the purpose of performing transactions under our business relationship (depending on the agreement, for example, correspondent banks, depositary banks or stock exchanges).

If we do a data transfer to bodies in states outside the European Economic Area (EEA) the data transfer will only take place if the EU Commission guarantee that this third country has an adequate level of data protection or other data protection guarantees are existing in this country (e.g. binding intra-corporate data protection provisions or EU standard contractual clauses).

Data transfer to bodies in states outside the European Union (so-called third countries) will take place to the extent

  • this is required to carry out your services (such as payment or securities orders),
  • it is required by law (such as obligatory reporting under tax law) or
  • you gave us your consent.

Storage Period of the Data

We store your personal data as long as this is required to meet our contractual and statutory obligations. Another storage time could be existing due to legal burden of proof and retention obligation which are regulated by law (e.g. code of commercial law). The storage periods are up to ten years. Other storage periods could exist due to national legal limitation periods which are three or up to thirty years.

Rights of the Persons Affected

Every data subject has the right to get access of the personal data pursuant to Article 15 GDPR.

Furthermore, you have the right to rectification your personal data pursuant to Article 16 GDPR and the right to erase your personal data pursuant to Article 17 GDPR under specific circumstances e.g.:

  • If your personal data are no longer needed for the purpose they were collected,
  • If you revoke your approval and there is no other legal base,
  • If you revoke the processing and there are no legitimate reasons for a processing,
  • If your personal data where processed not legally or
  • If your personal data must be erased to fit into legal requirements

Please notice that a claim of erase is regarding to a legitimate reason which might makes the processing of data necessary.

Furthermore, you have the right of a restriction of your data processing pursuant Article 18 GDPR, e.g.:

  • If you say that your personal data is not right and we had the opportunity to confirm your data,
  • If the processing is not legal and you want a restriction of your data processing instead of an erase,
  • If we do not need your data anymore, but we need them for assertion or defence of legal claims or
  • If you revoked and it is not clear yet, if your interests prevail

If we process your data due to statistical reasons, you can revoke these processing due to reasons which are regarding to your special situation pursuant Article 21 para. 6 GDPR.

Furthermore, it is possible that you have got the right to get your supplied data on a structured, established and machine-readable format.

In some cases, it might also possible that you are not satisfied with our respond regarding to your request. If this is the case, it is your right to complain at the data protection officer and at the responsible regulatory agency.

Right of Appeal

If you have any questions or a complaint you can contact our data protection officer. You may also contact the responsible regulatory agency in Luxembourg:

Commission nationale pour la protection des données
Service des plaintes
1, avenue du Rock’n’Roll
L-4361 Esch-sur-Alzette

Right to Object Based on Individual Case

You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data.

If you do object, we will no longer process your personal data unless we have compelling justified reasons for such processing which take precedence over your interests, rights and freedom or, alternatively, such processing serves to assert, exercise or defend legal claims. You can send your contradiction to:

FERI (Luxembourg) S.A.
Data protection officer
18. Bd. de la Foire , L-1528 Luxembourg

1. Essentials

According to the guidelines of Directive 2004/39/EC ("MiFID") dated 21.04.2004, Article 28 of CSSF Regulation No. 10-4 dated 22.12.2010 and Article 27 of Delegated Regulation (EU) No. 231/2013 dated 19.12.2012, management companies and managers of alternative investment funds ("AIFM") are obliged to draw up a Best Execution Policy ("Policy") in order to achieve the best possible trading results for their clients. Furthermore, with consideration of "Directive" 2014/65/EU regarding "Markets in Financial Instruments" dated 15.05.2014 ("MiFID II") and "Regulation" (EU) No 600/2014 regarding "Markets in Financial Instruments" dated 15.05.2014 ("MiFIR"), since 03.01.2018 there has been an obligation to take certain regulations regarding "Best Execution" in consideration. Due to its business orientation, the company is not primarily affected by MiFID II / MiFIR. In order to document the procedures that have already been practiced, the company would nevertheless like to have a "Best Execution Policy”, which, however, can only have the character of a basic process description/documentation.

2. Outsourcing Concept

FERI (Luxembourg) S.A. (headquartered in Luxembourg) including FERI (Luxembourg) S.A. – Niederlassung Deutschland (jointly"Company" or "FLX") manages undertakings for collective investment in transferable securities ("OGAW" or "UCITS") and alternative investment funds ("AIF"). As part of its strategic business organization, the Company has decided not to provide all management services itself but, for reasons of efficiency, to outsource certain business areas to highly specialized service providers. The aim is always to provide investors with the highest level of expertise and flexibility.

(1) Portfolio management is outsourced for all UCITS and some AIFs. In this context, orders are placed with the portfolio manager. In this case the traded assets are mostly represented on regulated markets by securities.

As part of the initial due diligence, portfolio managers are reviewed to see whether they are authorized to carry out the sourced activities and have appropriate regulatory prerequisites such as their own execution principles for executing orders in financial instruments with professional clients ("Best Execution Policy").

In addition, the existence of current execution principles is regularly reviewed as part of the ongoing due diligence of service providers in the role of portfolio managers.

(2) For certain AIFs, FLX performs the role of portfolio manager itself. These AIFs are funds that invest almost exclusively in private equity-, real estate- and hedge fund- target funds. These target funds are not traded on a regulated trading market but canonly be ordered at an unknown price (next NAV) or acquired via commitments. Therefore, there are no comparative prices on different trading venues.

3. FLX in the Role of Portfolio Manager

For certain AIF, FLX, as an authorized AIFM, performs the role of portfolio manager. As mentioned above, the AIFs are funds that directly invest in Private Equity Assets or Real Estate Assets ("direct assets") or in private equity-, real estate- or hedge fund target funds ("target funds"). In principle, these directs assets and target funds are not traded on a regulated trading market but can only be ordered at an unknown price (next NAV) or acquired through commitments. Comparative prices do therefore not exist at different trading venues.

Investment decisions for direct assets and target funds are made in the context of an extensive due diligence process that often takes the time of several weeks or - if neccessary - months. The main economic, regulatory, tax and contractual conditions and documents are examined together with external partners such as tax advisors, auditors, lawyers, etc. During the negotiation of contracts and at the end of the process these negotiations can result in individual agreements which are reflected, for example, in subscription documents, partnership agreements and/or side letters.

Investment decisions for individual target hedge funds are made by FLX after completion of an extensive due diligence process. This process extends over several weeks or months for each target fund. The relevant target hedge funds are usually so-called offshore funds. Often these feeder funds are domiciled on the Cayman Islands, which themselves invest in local master funds. Among other investors, US Institutional investors could also invest their capital in these master funds.

Due to the breadth of the investment universe, FLX relies on the support of external service providers. During the investment process, the essential investment strategic, economic, regulatory, contractual and, if applicable, tax law conditions and documents are examined by external partners, in particular the investment advisor, the depositary of the AIF and, if necessary, also by tax advisors or lawyers.

A best execution policy in the classical sense of regulated trading markets is not applicable to this type of investment.

4. Final Provisions

This Best Execution Policy of FLX must be reviewed regularly and adjusted accordingly in the event of changes to the basic facts described in sections 2 and 3. As part of the outsourcing controlling (Section 2 (1)), the existence of a current Best Execution Policy at the relevant service providers is monitored.

- In the event of a conflict between the English and German versions of this guideline, the German version will prevail. 

Have you received information about misconduct that affects our company or the well-being of employees and would like to report it?

Then please use this whistleblower system, which ensures that you are covered by the special protection under the Act of May 16, 2023 implementing Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of persons who report breaches of Union law.

Passing on information to our reporting office helps to ensure that violations are detected and investigated and that abuses can be remedied.

The reporting office set up at FERI for whistleblowers can be reached via this link.

Our reporting office will protect the confidentiality of your identity - even if you submit a report under your own name. Furthermore, an employee who reports a suspected violation in good faith does not have to fear any disadvantages, even if the report turns out to be unfounded.

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FERI (Luxembourg) S.A.


18, Boulevard de la Foire
L-1528 Luxembourg

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FERI (Luxembourg) S.A.


L-1528 Luxembourg
18, Boulevard de la Foire

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