Disclaimer and Terms of Use
General
Oaklane Capital Management LLP (the “Firm”) is registered with the Securities and Exchange Board of India (the “SEBI”) as a portfolio manager under the SEBI (Portfolio Managers) Regulations, 1993 with registration number as PM/INP000006624. The Firm provides portfolio management and investment advisory services to eligible investors in terms of the SEBI (Portfolio Managers) Regulations, 1993 and such other statutes and/ or regulations as are applicable from time to time.
The Firm provides portfolio management and investment advisory services to individual as well as institutional investors with flexible investment vehicles, which can accommodate varying appetite for risks, asset exposure and capital protection. Due to local regulatory and legal requirements, not all the services described on the website are available in all jurisdictions and some services may be available on limited basis only. The information and data contained on this website does not constitute a distribution, an offer to buy or sell or the solicitation of any offer to buy or sell any investment product of the Firm in any jurisdiction in which such distribution, sale or offer is not authorised. In particular, the information provided through this website is not for distribution and does not constitute an offer to buy to sell or solicitation of an offer to buy or sell any investment product of the Firm to any person in the United States America (USA) or Canada or a jurisdiction which falls under the European Union or a jurisdiction which is non-compliant with FATF agreement.
The material/ information on this website are for general information, education and noncommercial purposes only. Although the Firm may provide data, information and content relating to investment approaches, the reader should not construe any such information or other material/ content available through this website as investment, tax or legal advice. The reader alone bears the sole responsibility of evaluating the merits and risks associated with the use of any information/ content/ material provided on this website before making any decision. In exchange for reading/ referring to any information/ content/ material provided on this website, you agree not to hold the Firm or its third-party information providers liable for any possible claim for damages arising from any decision you make based on any information/ content/ material made available for general information, education and noncommercial purposes through this website.
Because of the global nature of the Internet, you agree to comply with all local rules with respect to your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access this website, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, technology, computers, fraud, and privacy.
This website will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.
Third-party content
Data and other materials appearing on this website that are provided by third parties are believed by the Firm to be correct and obtained from reliable sources, but the Firm cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. The Firm is not responsible for, and does not prepare, edit, or endorse, the content, or other materials on or available from any website owned or operated by a third party that is linked to this website via hyperlink. The fact that the Firm has provided a link to a third party’s website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by the Firm with respect to such website, its owners, providers, or services. The reader will use any such third-party content at his/her own risk and the reader agrees that the Firm is not liable for any loss or damage that the reader may suffer by using third-party websites or any content, products, or other materials in connection therewith.
Timeliness of content
All content on this website is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Applicable law and venue
The laws of the Republic of India, govern these Terms of Use and any dispute that might arise, shall be submitted to the exclusive jurisdiction of the courts in India.
Copyright
The Firm/ its associates/ affiliates reserve all copyrights and IPR (wherever applicable) in relation to the content, material, information and data provided on the website. The contents on the website are protected by copyright and no part or parts hereof may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, distributed, published, displayed, broadcasted, hyperlinked, used for creating derivative works or used in any other way for commercial or public purposes.
No warranties
While care has been taken in preparing the contents provided on the website, such contents are provided to you “as is” and “as available” without warranty of any kind either express or implied. In particular, no warranty regarding accuracy, suitability or relevance for a particular purpose is given in relation to such contents. The Firm, its partner or employees make no representations, endorsements or warranties of any kind about the services, content, information and/or data contained on the website.
Data Privacy
Website provides voluntary option to the reader to subscribe to newsletter from the Firm. To provide newsletter to registered email id of the subscriber, the Firm needs to store certain details of the subscriber. As a policy, the Firm collects only such information that is believed to be relevant and required to assist the Firm in providing the better services. The information collected is shared only with authorised third -party service providers to enable the Firm/ third party service provider to provide better services. The Firm may be required from time to time to disclose your personal information to governmental and/or judicial bodies or agencies or the regulators, under adequate authority.
Nature of services and associated risks
The Firm provides portfolio management and investment advisory services to eligible investors in terms of the SEBI (Portfolio Managers) Regulations, 1993 and such other statutes and/ or regulations as are applicable from time to time. It is important for any eligible investor to read very carefully the disclosure document and all related literature as provided on the website, consult your tax and investment adviser(s) to assess and understand the tax implications, product suitability, associated risks in relation to capital market investment and then take an informed decision. Providing access to the disclosure document and related literature on the website does not in any manner constitute a distribution, an offer to buy or sell or the solicitation of any offer to buy or sell any investment product of the Firm or any security in any jurisdiction in which such distribution, sale or offer is not authorised. Merely providing the disclosure document and related literature on the website does not constitute legal and/ or investment advice.
No one should take any decision without understanding the services provided by the Firm, the risks involved in availing the services of the portfolio manager, risk associated with investing in capital market, determining and understanding the product suitability, determining and understanding if he/ she is permitted to avail the services of the portfolio manager under applicable regulatory system, also consult his/ her tax and/ or financial advisor and then take well informed decision.
General risks associated with investing in capital market
The General risks associated with investing in capital market and availing the portfolio management services are summarized in following paragraphs. Investors and readers are strongly advised to refer to and understand the provisions of the disclosure document.
(i) Risk factors & Equity Product
Given below are some of the common risks associated with investments equity securities. These risks include, but are not restricted to:
(a) Securities investments are subject to Market risks and there is no assurance and guarantee that the objectives of the Product / Investment will be achieved.
(b) The investments made by the Portfolio Manager are subject to risks arising from the investment objective, investment strategy and asset allocation.
(c) The returns of the investment portfolio are based on the factors affecting capital markets, such as price and volume volatility in the stock markets, event risks, currency exchange rates, foreign investment, changes in Government and Reserve Bank of India policy, taxation, political, economic or other developments, etc.
(d) Risks arising out of non-diversification or inadequate diversification
(e) Past performance of the Portfolio Manager does not indicate the probable future performance of the Portfolio Manager. Equity and equity related instruments are by nature volatile and prone to price fluctuations. The investor may lose money over short or long period in response to factors such as economic and political developments, changes in interest rates, market movements and over longer period during market downturn.
(f) Investment decisions made by the Portfolio Manager may not be profitable.
(g) The tax implications described in the disclosure document are available under the present taxations laws. This information related to taxation is for general purpose only, in a summarised form and based on advice received by the Portfolio Manager on the prevalent laws and practice in India. Such laws or their interpretation are subject to change. Hence the user of this information is advised to consult his/her/their own professional tax advisor.
(i) The Indian securities markets are smaller and more volatile when compared to the securities markets of the United Kingdom, the U.S. and certain other OECD Countries. The Indian stock exchanges have been subject to broker defaults, failed trades and settlement delays in the past and such events may have adverse impact on the NAV of our client’s portfolio. Indian Stock Exchanges utilize circuit breaker systems under which trading in particular stock or entire trading could be potentially suspended on account of excessive volatility in a stock or a market. Such disruptions could significantly impact our ability to sell client’s investments. Factors like these could adversely affect our client portfolio.
(j) Any act, omission or commission of the Portfolio Manager would be solely at the risk of the Client and the Portfolio Manager will not be liable for any act, omission or commission or failure to act save and except in cases of gross negligence, wilful default and/or fraud of the Portfolio Manager.
(k) The Portfolio Management Service is subject to risk arising out of non-diversification as the Portfolio Manager under its PMS may invest in a particular sector, industry, few/single security/ies. The performance of the portfolios would depend on the performance of such companies/industries/sectors of the economy.
Risk factors for Fixed Income Product
Given below are some of the common risks associated with investments in fixed income and money market securities. These risks include, but are not restricted to:
(i) Interest Rate Risk / Market Risk: Changes in interest rate may affect the net asset value. Generally, the prices of instruments increase as interest rates decline and decrease as interest rates rise. Prices of long-term securities fluctuate more in response to such interest rate changes than short-term securities.
(ii) Credit Risk: Credit risk or Default risk refers to the risk that an issuer of a debt instrument may default (i.e. the issuer will be unable to make timely principal and interest payments on the security). Because of this risk, bonds issued by non-government agencies are sold at a higher yield above those offered on Government Securities which are sovereign obligations and free of credit risk. Normally, the value of a debt instrument will fluctuate depending upon the changes in the perceived level of credit risk as well as any actual event of default. The greater the credit risk, the greater the yield required for someone to be compensated for the increased risk
(iii) Reinvestment Risk: This risk refers to the interest rate levels at which cash flows received from the securities under a particular Portfolio are reinvested. The additional income from reinvestment is the “interest on interest” component. The risk is that the rate at which interim cash flows can be re-invested may be lower than that originally assumed.
(c) The returns of the investment portfolio are based on the current yields of the securities, which may be affected generally by factors affecting capital markets such as price and volume, volatility in the stock markets, interest rates, currency exchange rates, foreign investment, changes in Government and Reserve Bank of India policy, taxation, political, economic or other developments, etc. Some segments of the government bond market and the corporate bond markets have limited liquidity which could impact prices of instruments. There is no assurance that a deep secondary market will develop for such securities which could limit the ability of the securities to re-sale them. Even if a secondary market develops and sales were to take place, these secondary transactions may be at a discount to the initial issue price due to changes in the interest rate structure.
(d) Risks arising out of non-diversification
Other risks arising from the investment objectives, investment strategy and asset allocation are stated as under:
Other risks associated with investments in equity and equity linked securities
(a) Equity and equity related securities by nature are volatile and prone to price fluctuations on a daily basis due to both macro and micro factors.
(b) Execution of investment strategies depends upon the ability of the Portfolio Manager to identify opportunities which may not be available at all times and that the decisions made by the Portfolio Manager may not always be profitable.
(c) In domestic markets, there may be risks associated with trading volumes, settlement periods and transfer procedures that may restrict liquidity of investments in equity and equity related securities.
(d) In the event of inordinately low volumes, there may be delays with respect to unwinding the Portfolio and transferring the redemption proceeds.
(e) The value of the Portfolio, may be affected generally by factors affecting securities markets, such as price and volume volatility in the capital markets, interest rates, currency exchange rates, changes in policies of the Government, taxation laws or policies of any appropriate authority and other political and economic developments and closure of stock exchanges which may have an adverse bearing on individual securities, a specific sector or all sectors including equity and debt markets. Consequently, the Portfolio valuation may fluctuate and can go up or down.
(f) Investors may note that Portfolio Manager’s investment decisions may not always be profitable, as actual market movements may be at variance with anticipated trends.
Risk Factors associated with investments in derivatives
(a) Derivative products are leveraged instruments and can provide disproportionate gains as well as disproportionate losses to the investor. Execution of such strategies depends upon the ability of the Portfolio Manager to identify such opportunities. Identification and execution of such strategies to be persuaded by the Portfolio Manager involve uncertainty and decision of the Portfolio Manager may not always be profitable. No assurance can be given that the Portfolio Manager shall be able to identify or execute such strategies.
(b) The risks associated with the use of derivatives are different from or possibly greater than, the risk associated with investing directly in securities and other traditional investments.
(c) As and when the Portfolio Manager on behalf of Clients would trade in the derivatives market there are risk factors and issues concerning the use of derivatives that investors should understand. Derivative products are specialized instruments that require investment techniques and risk analysis different from those associated with stocks and bonds. The use of a derivative requires an understanding not only of the underlying instrument but also of the derivative itself. Derivatives require the maintenance of adequate controls to monitor the transactions entered into, the ability to assess the risk that a derivative adds to the portfolio and the ability to forecast price or interest rate movements correctly. There is a possibility that loss may be sustained by the Portfolio as a result of the failure of another party (usually referred as the “counter party”) to comply with the terms of the derivatives contract. Other risks in using derivatives include the risk of mispricing or improper valuation of derivatives and the inability of derivatives to correlate perfectly with underlying assets, rates and indices. Thus, derivatives are highly leveraged instruments. Even a small price movement in the underlying security could have a large impact on their value.
(d) The options buyer’s risk is limited to the premium paid, while the risk of an options writer is unlimited. However, the gains of an options writer are limited to the premiums earned.
The writer of a put option bears the risk of loss if the value of the underlying asset declines below the exercise price. The writer of a call option bears a risk of loss if the value of the underlying asset increases above the exercise price.
Investments in index futures face the same risk as the investments in a portfolio of shares representing an index. The extent of loss is the same as in the underlying stocks.
Other general risks in relation to investment in Securities/Instruments
(a) The in-specie distribution of the securities by the Portfolio Manager upon termination or liquidation of the Client Portfolio could consist of such securities for which there may not be a readily available public market. Further, in such cases the Portfolio Manager may not be able transfer any of the interests, rights or obligations with respect to such Securities except as may be specifically provided in the Agreement. If an in-specie distribution is received by the Clients from the Portfolio Manager, the Clients may have restrictions on disposal of securities so distributed and consequently may not be able to realize full value of these assets.
(b) Some of the entities in which the Portfolio Manager will invest may get their Securities listed with the stock exchange after the investment by the Portfolio Manager. In connection with such listing, the Portfolio Manager may be required to agree not to dispose of its securities in the entity for such period as may be prescribed under the Applicable Law, or there may be certain investments made by the Portfolio Manager which are subject to a statutory period of nondisposal and hence Portfolio Manager may not be able to dispose of such investments prior to completion of such prescribed regulatory tenures and hence may result in illiquidity.
(c) The Portfolio Manager may also invest in entities which are new or recently established or are investment vehicles like mutual funds/trusts/venture capital funds. Such investments may present greater opportunities for growth but also carry a greater risk than is usually associated with investments in listed securities or in the securities of established companies, which often have a historical record of performance.
Change in Regulation
Any change in the Regulations and/or other Applicable Laws or any new direction of SEBI may adversely impact the operation of the portfolio manager.
Political, economic and social risks
Political instability or changes in the Government could adversely affect economic conditions in India generally and the Portfolio Manager’s business in particular. The companies in which portfolio investment is made may be affected by interest rates, changes in Government policy, taxation, social and civil unrest and other political, economic or other developments in or affecting India.
Inflation Risk
Inflation and rapid fluctuations in inflation rates have had, and may have, negative effects on the economies and securities markets of the Indian economy. International crude oil prices and interest rates will have an important influence on whether economic growth targets in India will be met. Any sharp increases in interest rates and commodity prices, such as crude oil prices, could reactivate inflationary pressures on the local economy and negatively affect the medium-term economic outlook of India.
Tax risks
Changes in state and central taxes and other levies in India may have an adverse effect on the cost of operating activities of the investment entities. The Government of India, State Governments and other local authorities in India impose various taxes, duties and other levies that could affect the performance of the investment entities. An increase in these taxes, duties or levies, or the imposition of new taxes, duties or levies in the future may have a material adverse effect on the Client Portfolio’s profitability. Furthermore, the tax laws in relation to the Client Portfolio are subject to change, and tax liabilities could be incurred by Clients as a result of such changes.
Early redemption risk
Redemption of investment ahead of the maturity or prescribed optimal timeline of investment may result in depressed realisation of the value. Administrative charges applicable for early redemption will further reduce the returns on investment.
Fair treatment
The Firm believes in fair treatment to all the stakeholders. The Firm aims to develop strong and enduring relationship with the stakeholders. The Firm is committed to provide its services in a fair and transparent manner. The Firm being registered entity with the SEBI, is committed to address and resolve investors’ grievance in a time-bound manner.