PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M...

19
Page 1 PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS)

Transcript of PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M...

Page 1: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 1

PROSPECTUS

LYXOR ETF BOT 6M (MTS ITALY TREASURY

BOT 6 MONTHS)

Page 2: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 2

TABLE OF CONTENTS

PROSPECTUS ...................................................................................... 3

STATUTORY AND REGULATORY DISCLOSURES ............. ERROR! BOOKMARK NOT DEFINED.

GENERAL FEATURES ...................................................... ERROR! BOOKMARK NOT DEFINED. FORM OF THE FUND ................................................................................................................................................. Error! Bookmark not defined. NAME ....................................................................................................................................................................... Error! Bookmark not defined. LEGAL FORM AND MEMBER STATE IN WHICH THE FUND WAS FORMED..................................................................... Error! Bookmark not defined. INCEPTION DATE AND PLANNED DURATION ............................................................................................................ Error! Bookmark not defined. KEY INFORMATION ................................................................................................................................................... Error! Bookmark not defined. WHERE TO OBTAIN THE MOST RECENT ANNUAL AND PERIODIC REPORTS ................................................................ Error! Bookmark not defined.

SERVICE PROVIDERS ...................................................... ERROR! BOOKMARK NOT DEFINED. MANAGEMENT COMPANY ......................................................................................................................................... Error! Bookmark not defined. CUSTODIAN/DEPOSITORY ........................................................................................................................................ Error! Bookmark not defined. REGISTRAR AND TRANSFER AGENT........................................................................................................................... Error! Bookmark not defined. STATUTORY AUDITOR .............................................................................................................................................. Error! Bookmark not defined. REPRESENTATIVES .................................................................................................................................................... Error! Bookmark not defined. DISTRIBUTOR ............................................................................................................................................................ Error! Bookmark not defined.

MANAGEMENT AND OPERATIONS .................................. ERROR! BOOKMARK NOT DEFINED. GENERAL FEATURES ......................................................................................................................................... Error! Bookmark not defined.

CHARACTERISTICS OF THE UNITS ............................................................................................................................. Error! Bookmark not defined. THE LISTING OF UNITS IN THE LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) FUND BY THE EXCHANGE OPERATORError! Bookmark not defined. FINANCIAL YEAR-END ............................................................................................................................................... Error! Bookmark not defined. INFORMATION ABOUT THE TAX REGIME ................................................................................................................... Error! Bookmark not defined.

SPECIFIC INFORMATION ................................................................................................................................... Error! Bookmark not defined. ISIN CODES .............................................................................................................................................................. Error! Bookmark not defined. CLASSIFICATION ....................................................................................................................................................... Error! Bookmark not defined. INVESTMENT OBJECTIVE ........................................................................................................................................... Error! Bookmark not defined. BENCHMARK INDEX .................................................................................................................................................. Error! Bookmark not defined. PUBLICATION OF THE MTS ITALY-TREASURY BOT 6M INDEX..................................................................................... Error! Bookmark not defined. INDEX REVISIONS ........................................................................................................................................................................................................ 9 INVESTMENT STRATEGY ........................................................................................................................................... Error! Bookmark not defined. RISK PROFILE ............................................................................................................................................................ Error! Bookmark not defined. ELIGIBLE INVESTORS AND TYPICAL INVESTOR PROFILE ............................................................................................. Error! Bookmark not defined. DETERMINATION AND APPROPRIATION OF INCOME ................................................................................................. Error! Bookmark not defined. FREQUENCY OF INCOME DISTRIBUTION .................................................................................................................... Error! Bookmark not defined. CHARACTERISTICS OF THE UNITS ............................................................................................................................. Error! Bookmark not defined. SUBSCRIPTION AND REDEMPTION PROCEDURES ....................................................................................................... Error! Bookmark not defined. FEES AND COMMISSIONS .......................................................................................................................................... Error! Bookmark not defined.

COMMERCIAL INFORMATION ........................................ ERROR! BOOKMARK NOT DEFINED.

INVESTMENT RULES ...................................................... ERROR! BOOKMARK NOT DEFINED.

ASSET VALUATION AND ACCOUNTING RULES ................ ERROR! BOOKMARK NOT DEFINED.

REGULATIONS ..................................... ERROR! BOOKMARK NOT DEFINED.

Page 3: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 3

LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS)

UCITS COMPLIANT WITH EU STANDARDS

PROSPECTUS

STATUTORY AND REGULATORY DISCLOSURES

The legal notice was published in the Bulletin des Annonces Légales Obligatoires. In accordance with articles L 412-1 and L 621-8 of the French Monetary and Financial Code (Code Monétaire et Financier), the French Financial Markets Authority, the Autorité des Marchés Financiers (AMF) approved this prospectus on 22 November 2012. The AMF draws the public's attention to the following points: - There is no guarantee that the investment objective of the LYXOR ETF BOT 6M (MTS Italy Treasury BOT 6 Months) fund, as set out in the prospectus of the LYXOR ETF BOT 6M (MTS Italy Treasury BOT 6 Months) fund, approved by the AMF on 22 November 2012, will be achieved. - Achieving the investment objective of the LYXOR ETF BOT 6M (MTS Italy Treasury BOT 6 Months) fund will require extensive use of financial instruments traded over-the-counter (OTC) or on regulated markets, which may give rise to counterparty risk and market risk. The price of a unit of the LYXOR ETF BOT 6M (MTS Italy Treasury BOT 6 Months) fund traded on the Euronext Paris market of NYSE Euronext may not reflect the net asset value of that unit. - Orders that cannot be executed within the Reservation Thresholds set by NYSE Euronext in Article 4.1.2.3 in its Instruction entitled "Euronext Cash Market Trading Manual" published on 13 December 2004 will be held in reserve as provided for in Article 4.1.2.3 of said Instruction until the forces of supply and demand allow the order to be executed at an authorised price. - In the event that the listing or calculation of the index is suspended, or if NYSE Euronext is unable to obtain the value of this index, or if NYSE Euronext is unable to obtain the daily net asset value or calculate and publish the indicative net asset value of the LYXOR ETF BOT 6M (MTS Italy Treasury BOT 6 Months) fund, it may be impossible to list units in the LYXOR ETF BOT 6M (MTS Italy Treasury BOT 6 Months) fund. - Under the terms of market-making contracts concluded between NYSE Euronext and the financial institutions acting as “Market Makers”, the parties may amend these contracts at their discretion, particularly with respect to the number of "Market Makers", the termination of a "Market Maker" and the maximum overall bid/ask spreads at which liquidity is likely to be lost.

Page 4: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 4

GENERAL FEATURES

FORM of THE FUND Mutual fund

NAME Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was FORMED A French mutual fund (Fonds Commun de Placement - FCP) formed in France under French law. INCEPTION DATE AND PLANNED DURATION This Fund was approved by the Autorité des Marchés Financiers on 22 November 2012 and was formed on 30 November 2012 for a term of 99 years. KEY INFORMATION

Units Initial net

asset value

Subfunds ISIN codes

Distribution

of income

Currency

Eligible investors

Listing exchanges

Minimum subscription/redempti

on amount (primary market) and

purchase/sale amount (secondary market)

C-EUR EUR 100 No FR0011360676 Accumulation EUR All investors Borsa Italiana

(Milan)

EUR 100,000 on the primary market

None on the secondary market(1)

D-EUR EUR 100 No FR0011360668 Accumulation

and/or Distribution

EUR All investors N/A

EUR 100,000 on the primary market

None on the secondary market(1)

(1) No minimum purchase/sale is required other than that which may be required by the listing market in question.

where to obtain the most recent annual and periodic reports The most recent annual and periodic filings will be sent within one week to Fund unitholders who request these documents in writing from: LYXOR INTERNATIONAL ASSET MANAGEMENT. 17, cours Valmy - 92987 Paris La Défense CEDEX - FRANCE email: [email protected]. Information may also be requested at www.lyxoretf.com

Page 5: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 5

SERVICE PROVIDERS

MANAGEMENT COMPANY LYXOR INTERNATIONAL ASSET MANAGEMENT. Public limited company ("société anonyme") with an executive board and supervisory board. Registered office: 17, cours Valmy - 92800 Puteaux - FRANCE. Postal address: Tour Société Générale – A08 - 17, cours Valmy - 92987 Paris-La Défense Cedex – FRANCE. custodian/DEPOSITORY SOCIETE GENERALE Credit institution created on 8 May 1864, date of the authorisation decree signed by Napoleon III. Registered office: 29, bd Haussmann - 75009 Paris – FRANCE. Postal address of the custodian: 75886 PARIS Cedex 18 – France. registrar and transfer agent Registrar and transfer agent by delegation from Lyxor International Asset Management:

SOCIETE GENERALE Credit institution created on 8 May 1864, date of the authorisation decree signed by Napoleon III. Registered office: 29, bd Haussmann - 75009 Paris – FRANCE. Postal address for order processing and account administration: 32 rue du Champ de Tir - 44000 Nantes - France Statutory auditor PRICEWATERHOUSECOOPERS AUDIT 63, rue de Villiers 92208 Neuilly-sur-Seine Authorised signatory: Marie-Christine Jetil representatives LYXOR INTERNATIONAL ASSET MANAGEMENT is solely responsible for the Fund’s investment and administrative management and delegates no tasks to third parties except for accounting management, which is delegated to: Société Générale Securities Services Net Asset Value Immeuble Colline Sud - 10, passage de l’Arche - 92081 Paris-La Défense Cedex - FRANCE. distributor Société Générale

Page 6: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 6

MANAGEMENT AND OPERATIONS

GENERAL FEATURES

CHARACTERISTICS OF THE UNITS The custodian is responsible for keeping unitholder accounts. Each unitholder has a co-ownership right to the Fund's net assets proportional to the number of units held. Units carry no voting rights as all decisions are made by the management company. Units are held in bearer form and will not be divided.

THE LISTING OF UNITS IN THE LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) FUND BY THE EXCHANGE OPERATOR

Where the unit is listed on a market other than Euronext Paris, as indicated under “Key Information”, investors’ attention is drawn to the following rules regarding the listing of the units on such markets:

Investors wishing to acquire Fund units or shares on any of the markets mentioned under “Key Information” are encouraged to take note of the operating rules laid down by the relevant exchange operator in compliance with local regulations, with the assistance if necessary of their usual intermediaries for placing orders on the markets in question.

FINANCIAL YEAR-END Third Trading Day in December. First year-end: 4 December 2013

INFORMATION ABOUT THE TAX REGIME Investors should note that the following information is only a general summary of the applicable tax regime, under current French law, for investment in a French FCP fund. Investors are therefore encouraged to examine their personal situation with their usual tax advisor. 1. taxation of the fund In France, the co-ownership status of FCP funds automatically places outside the scope of corporation tax; they therefore benefit from a certain level of transparency. Accordingly the Fund is not liable for taxes on the income that it earns or receives for its management services. In countries other than France where the Fund may invest, capital gains realised on the disposal of foreign securities and foreign-source income earned in the context of investment may be subject to taxation and generally in the form of a withholding tax. In some cases, tax treaties may reduce or eliminate taxation abroad. 2. taxation of Unitholders

2.1 French resident unitholders

Income and capital gains are taxable under the standard applicable tax regime. Investors should take into account their personal situation and seek advice from their usual tax adviser.

2.2 Non-French resident unitholders Subject to the applicable tax treaties, income distributed by the Fund may be subject to a standard deduction at source or withholding tax in France. Pursuant to Article 244 bis C of the French Tax Code, any capital gains upon the redemption or sale of Fund units are not taxable in France. Non-French resident unitholders will be subject to the tax laws of their country of residence.

Page 7: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 7

SPECIFIC INFORMATION

ISIN CODES: C-EUR units: FR0011360676 D-EUR units: FR0011360668

CLASSIFICATION

Bonds and other debt securities denominated in euro. The Fund is permanently exposed to securities denominated in euro. Equity exposure amounts to no more than 10% of net assets. Exposure to securities denominated in a currency other than euro and exposure to currency risk must be incidental. The Fund is an index tracker.

INVESTMENT OBJECTIVE

The Fund’s investment objective is to track the performance of the euro-denominated "MTS Italy - Treasury BOT 6M" index ("Benchmark Index"), both upwards and downwards, within a maximum tracking error of 1% calculated over a 52-week period. However, if the tracking error does exceed 1%, the Fund will still seek to remain within 5% of the volatility of the “MTS Italy - Treasury BOT 6M” index.

BENCHMARK INDEX 1. BENCHMARK: the MTS Italy - Treasury BOT 6M index, in EUR. The MTS Italy - Treasury BOT 6M index measures the performance of the Italian Government Bond segment with maturities of between two and twelve months. It is denominated in EUR. The benchmark index is calculated by EuroMTS Limited.

EuroMTS Limited is a private company based in London and regulated by the FSA. It manages the MTS European electronic trading platform for eurozone benchmark bonds. EuroMTS Limited is also responsible for calculating and publishing EuroMTS index values. 2. METHODOLOGY

The MTS Italy - Treasury BOT 6M index comprises bonds issued by the Italian government with maturities of between two and twelve months. As detailed below, initial selections are based on the same eligibility criteria as those applied to the other MTS Italy indices. The eligible bonds are the following:

(i) Traded on the MTS platform (ii) Issued by the Italian government (iii) BOT-type (Buoni Ordinari del Tesoro) short-term, zero-coupon bonds

The composition of these indices is revised each week. The full methodology is available at http://www.mtsindices.com/ The monitored performance is based on the 5.30 p.m. closing price of the index. 3. publication of the mts italy - treasury bot 6m index The MTS Italy - Treasury BOT 6M index is calculated daily. The MTS Italy - Treasury BOT 6M is also calculated in real time on each Trading Day. The MTS Italy - Treasury BOT 6M is available in real time via Reuters and Bloomberg. Via Reuters: MTSI65= Via Bloomberg: MTSI65 Index

The 5.30 p.m. closing price of the MTS Italy – Treasury BOT 6M index is available at http://www.mtsindices.com/

Page 8: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 8

INVESTMENT STRATEGY 1. strategy used The Fund will comply with the investment rules of European Directive 2009/65/EC of 13 July 2009. In order to seek the highest possible correlation with the performance of the MTS Italy – Treasury BOT 6M index, the Fund may:

(i) purchase a basket of balance sheet assets (as defined below) and particularly eurozone bonds, and/or

(ii) enter into over-the-counter swap contracts that enable the Fund to achieve its investment objective, if necessary by swapping the exposure to its assets for exposure

to the MTS Italy - Treasury BOT 6M index. The securities that make up the Fund’s assets may be those that constitute the MTS Italy - Treasury BOT 6M index, as well as other eurozone securities. In this case, the Fund’s securities will be selected so as to limit the cost of replicating the index. In managing its basket of securities, the Fund qualifies for the special investment ratios applicable to index funds and may therefore invest up to 20% of its assets in the bonds and debt securities of a given entity. This 20% limit may be increased to 35% for a single issuing entity when this is justified by exceptional market conditions, and in particular when some stocks are very heavily weighted. Pursuant to Article R 214-19 II of the French Monetary and Financial Code, the Fund may, in order to achieve its investment objective, receive or grant the guarantees specified in Article L 211-38 of the French Monetary and Financial Code, subject to the requirements of said Article, and may also accept joint and several guarantees or demand guarantees. Subject to these regulations, the Fund may accept financial instrument accounts as collateral to secure commitments made to the Fund.

UCITS’ interest-rate sensitivity range: 1 or less

Currencies in which the Fund’s securities are denominated: Euro: from 0 to 100% of net assets

Other: from 0 to 100% of net assets

Fund’s currency risk exposure:

Maximum of 0% of net assets

Geographic region of the issuers of the securities to which the

subfund is exposed:

Geographic region: eurozone from 0 to 100% of net assets

Emerging countries: 0% of net assets

In this case, the manager intends to use mainly the following assets: Securities comprising the MTS Italy – Treasury BOT 6M index 2. balance sheet assets (excluding embedded derivatives) The Fund may hold up to 100% of its net assets in the form of eurozone securities, provided this does not exceed regulatory ratios. Investment in UCITS that conform to European Directive 2009/65/EC and/or are eligible within the meaning of Article R214-13 of the French Monetary and Financial Code is limited to 10% of net assets.

To optimise the Fund’s management and achieve its investment objective, the fund manager reserves the right to use other instruments, within regulatory limits. Guaranteed securities issued by a single issuer may represent up to 35% of assets, and 100% of the assets if the Fund holds at least six issues none of which exceeds 30% of the assets. The securities are instruments issued or guaranteed by a Member State of the OECD, regional government of an EC Member State or a party to the agreement on the EEA. When the management company acquires units in another fund managed directly or indirectly by itself or by any other company with which the management company is linked by common management or control or by a direct or indirect holding that exceeds 10% of share capital or voting rights, no commission may be deducted from the fund's assets in respect of such investments. The management company also cannot deduct from the fund any subscription or redemption fees in relation to any linked underlying funds. 3. Off-balance sheet assets (derivatives) The Fund will use over-the-counter index-linked swaps that exchange the value of the Fund’s bond assets (or, where applicable, the value of any other financial instrument in the Fund's portfolio) for the value of the MTS Italy – Treasury BOT 6M index. To optimise the Fund’s management and achieve its investment objective, the fund manager may use other financial instruments, such as forward financial instruments, other than index-linked swaps, within regulatory limits. Such contracts could be entered into with Société Générale without seeking competitive offers from other counterparties. The Management Company therefore makes no commitment to observe a formal, traceable and verifiable competitive tendering procedure.

Page 9: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 9

4. securities with embedded derivatives Not applicable. To optimise the Fund’s management and achieve its investment objective, the fund manager may use other financial instruments, such as debt securities with embedded derivatives, within regulatory limits. 5. cash deposits To optimise cash management the Fund may make deposits in credit institutions belonging to the same group as the custodian, up to a maximum of 20% of its net assets. 6. cash borrowing The Fund may borrow, on a temporary basis, up to 10% of its net assets, mainly to optimise cash management. 7. temporary security transactions Not applicable. To manage the Fund efficiently, the fund manager may engage in the temporary acquisition and disposal of securities, including: -repurchase agreements, -the lending or borrowing of debt securities, equities and money market instruments, pursuant to Article R214-18 of the French Monetary and Financial Code. These transactions will be executed under market conditions.

RISK PROFILE Unitholders’ money will be invested mainly in financial instruments selected by the management company. The prices of these financial instruments will rise and fall in accordance with market fluctuations and uncertainty. The Fund exposes unitholders to the following risks: 1. INTEREST-RATE RISK The price of a bond may be affected by unexpected changes in the level of interest rates, which may affect the yield curve. The underlying bonds making up the index are therefore exposed to such interest rate fluctuations. In general, the price of a bond rises when interest rates are falling, and falls as interest rates rise.

2. RISK OF CAPITAL LOSS The capital invested is not guaranteed, which means that investors are exposed to the risk of capital loss. Investors may not recover all or part of their initial investment, particularly if the performance of the benchmark index is negative over the investment period.

3. CREDIT RISK The Fund may be affected if the credit rating of one or more issuers of bonds comprising the benchmark index is downgraded. Such downgrading may imply an increased risk of default by the issuer of the bond in question and may also lead to a reduction in the value of the bond.

4. LIQUIDITY RISK (PRIMARY MARKET) If the Fund (or one of its counterparties to a financial derivative instrument), adjusts its exposure at a time when the corresponding markets are restricted, closed or subject to broad swings in bid/ask prices, this could adversely affect the Fund’s net asset value and/or liquidity. An inability to effect the transactions necessary to replicate the benchmark index, due to insufficient trading volume, could also adversely affect the subscription, conversion or redemption of the Fund’s units.

5. LIQUIDITY RISK (SECONDARY MARKET)

The Fund’s on-exchange price may deviate from its indicative net asset value. The liquidity of the Fund's units or shares in a market where they are traded may be affected by any suspension due the following, for example:

i. the index ceases to be calculated temporarily or permanently and/or

ii. trading in the market(s) of the benchmark index’s underlying securities is suspended, and/or

iii. the stock exchange cannot obtain or calculate the Fund’s indicative net asset value and/or

iv. a market maker fails to comply with the market’s rules and/or

v. failure of the market’s IT, electronic or other system.

Page 10: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 10

6. COUNTERPARTY RISK The Fund is exposed to the risk of bankruptcy, settlement default or any other type of default by any counterparty with which it has entered into an agreement or transaction. The Fund is particularly exposed to counterparty risk through its risk of use of over-the-counter financial derivative instruments entered into with Société Générale or any other counterparty. Pursuant to UCITS regulations, counterparty risk (whether the counterparty is Société Générale or some other entity), may not exceed 10% of the total value of the Fund’s assets.

7. RISK THAT THE INVESTMENT OBJECTIVE IS ONLY PARTIALLY ACHIEVED

There is no guarantee that the investment objective will be achieved since no asset or financial instrument enables continuous and automatic replication of the benchmark index, particularly if one or more of the following risks occurs:

- Risk associated with the use of financial derivative instruments

To achieve its investment objective, the Fund may use over-the-counter financial derivative instruments ("FDI"), particularly swaps, that enable it to achieve the same performance as the benchmark index. These FDIs may involve various risks, including: counterparty risk, event affecting margin cover, an event affecting the index, taxation risk, regulatory risk, operational risk and liquidity risk. These risks may affect an FDI directly and may result in an adjustment to or even the early termination of the FDI transaction, and may thus adversely affect the Fund’s net asset value.

- Risk of a change in tax rules that affect the Fund

A change in the tax laws of a country where the Fund is domiciled, licensed for sale or listed may affect how investors are taxed. In such an event, the Fund’s manager will not be liable to investors for any payments that may have to be made to any competent tax authorities.

- Risk of a change in tax rules that apply to underlying assets

A change in the tax laws that apply to the Fund’s underlying assets may affect how the Fund is taxed. Accordingly, a difference between the anticipated tax treatment and the tax treatment actually applied to the Fund (and/or to a counterparty to an FDI) may adversely affect the Fund's net asset value.

- Risk of a regulatory change that affects the Fund

A change in the regulations of a country where the Fund is domiciled, licensed for sale or listed may adversely affect the processes for subscribing for, converting or redeeming units.

- Risk of a regulatory change that affects the underlying assets

A change in the regulations that apply to the Fund's underlying assets may adversely affect the Fund’s net asset value as well as the processes for subscribing for, converting or redeeming units.

- Risk of an event that affects the benchmark index

If an event occurs that affects the benchmark index, the manager, acting in accordance with the conditions and limitations of applicable legislation, may have to suspend the subscription and redemption of units in the Fund. The calculation of the Fund's net asset value may also be affected.

If the problem persists, the Fund manager will decide which steps to take and these measures may have an impact on the Fund’s net asset value.

An "event that affects the index" may include any of the following situations:

i) the index is considered to be inaccurate or does not reflect the market's actual behaviour,

ii) the index is terminated by its provider,

iii) the index provider is unable to indicate the level or value of the index,

iv) the index provider makes a significant change in the formula or method used to calculate the index (other than a minor modification such as the adjustment of the index's underlyings or of the respective weights of its constituents) that the Fund cannot replicate effectively at a reasonable cost.

- Operational risk

An operational failure within the management company or of one of its representatives may delay the subscription, conversion or redemption of units or otherwise disrupt service to investors.

- Corporate action risk

If the issuer of a stock that is a constituent of the benchmark index unexpectedly revises a corporate action and the Fund (and/or a Fund counterparty to a financial derivative instrument) has based its valuation of the corporate action on the issuer's initial announcement, the Fund's net asset value may be adversely affected, particularly if the Fund's treatment of the corporate action differs from its treatment in the benchmark index's methodology.

Page 11: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 11

ELIGIBLE INVESTORS AND TYPICAL INVESTOR PROFILE

The Fund is open to all investors who seek exposure to the performance, both positive and negative, of Italian government bonds with maturities of between two and twelve months. The amount that may reasonably be invested in the Fund depends on each investor's personal situation. To determine this, investors should take into consideration their personal assets and financial needs currently and over the next two years, and also their willingness to take risks or preference for more cautious investment. Investors are also advised to diversify their investments sufficiently so that they are not exclusively exposed to this Fund’s risks. Investors are therefore encouraged to examine their personal situation with their usual financial advisor. The recommended minimum investment period is more than two years.

DETERMINATION AND APPROPRIATION OF INCOME

C-EUR units: Accumulation of income

D-EUR units: The management company reserves the right to accumulate and/or distribute all or part of the income.

FREQUENCY OF INCOME DISTRIBUTION D-EUR units only: In the event of a distribution being made, the management company reserves the right to distribute all or part of the income once or several times a year.

CHARACTERISTICS OF THE UNITS

Currency C-EUR units D-EUR units

Euro Euro

Subscriptions are made by amount or whole numbers of units. Redemptions are made in whole numbers of units.

SUBSCRIPTION AND REDEMPTION PROCEDURES

1. SUBSCRIPTIONS AND REDEMPTIONS ON THE PRIMARY MARKET

C-EUR and D-EUR units:

Orders to subscribe for or redeem units in the Fund will be processed centrally by Société Générale's Département des Titres et de la Bourse (Securities and Stock Market Department), until 5 p.m. (Paris time), on each Trading Day, for execution at that Trading Day's net asset value (hereinafter the "reference NAV"). Subscription or redemption orders that are received after 5 p.m. (Paris time) on a Trading Day will be processed as requests received before 5 p.m. (Paris time) on the following Trading Day. Subscription and redemption orders must be for a whole number of units of a total value of at least EUR 100,000. Subscriptions/redemptions in cash:

Subscription/redemption made exclusively in cash are carried out on the basis of the reference NAV.

Delivery and settlement of subscriptions and redemptions: Delivery and settlement of subscriptions and redemptions will be made no later than five Trading Days after subscription/redemption orders are received.

A Trading Day is a day on which the Fund's net asset value is calculated and published.

The net asset value of the Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) fund is calculated from the 5.30 p.m. closing price of the MTS Italy - Treasury BOT 6M index in EUR. DATE AND FREQUENCY OF NET ASSET VALUE CALCULATION:

THE NET ASSET VALUE WILL BE CALCULATED AND PUBLISHED ON A DAILY BASIS ONCE THE MARKET LISTING IS SET UP PROVIDED THAT IT HAS PROVED POSSIBLE TO FUND ORDERS PLACED IN THE PRIMARY OR SECONDARY MARKETS.

Establishment responsible for centralising subscription and redemption orders: SOCIETE GENERALE - 32, rue du Champ de Tir - 44000 Nantes – France

Page 12: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 12

2. PURCHASES AND SALES ON THE SECONDARY MARKET THERE ARE NO MINIMUM PURCHASE/SALE REQUIREMENTS FOR PURCHASES OR SALES OF FUND UNITS CARRIED OUT DIRECTLY ON A MARKET ON WHICH THE FUND IS OR WILL BE LISTED FOR CONTINUOUS TRADING, OTHER THAN THOSE THAT MAY BE REQUIRED BY THE MARKET IN QUESTION. Each new unit in the Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) fund subscribed in accordance with the provisions of the Prospectus as approved by the AMF will be automatically admitted to trading. In the event of a Secondary Market Suspension (see definition below), the Management Company will set up a procedure to enable investors to redeem their units at the Net Asset Value calculated from the closing price of the benchmark index, provided that this Net Asset Value has not itself been suspended in accordance with the applicable regulations and/or the Fund's prospectus.

In such an event, redemption orders will not be subject to the requirement that a minimum number of units be redeemed. Furthermore, the maximum redemption fee that will be applied is 5% of the Base, which is defined as the product of the Net Asset Value multiplied by the number of units redeemed.

“Secondary Market Suspension” is any situation that makes it impossible for unitholders to trade units on the secondary market for a period of over seven calendar days and which is caused by either of the following:

i. The exchange operator suspends trading on all exchanges where the units are listed; ii. The market makers fail to maintain a continuous presence in the market and fulfil their market-making obligations over a material period of

time, thus preventing the units from being traded on all of the exchanges on which they are listed.”

THE LISTING OF UNITS IN THE LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) BY THE MARKET OPERATOR

Where the unit is listed on a market other than Euronext Paris, as specified under “Key Information”, investors’ attention is drawn to the following rules regarding the listing of the units on such markets:

Investors wishing to acquire Fund units or shares on any of the markets mentioned under “Key Information” are advised to take note of the operating rules laid down by the relevant exchange operator in compliance with local regulations, with the assistance if necessary of their usual intermediaries for placing orders on the markets in question. 1. Units made available to the primary market C-EUR units:

On 30 November 2012, there were 50,000 fully subscribed and paid-up ordinary units. The units are scheduled to be admitted for trading on the Italian stock exchange (Borsa Italiana). 2. Units made available to the secondary market C-EUR units:

On 30 November 2012, 50,000 units in the LYXOR ETF BOT 6M (MTS Italy-Treasury BOT 6 Months) fund will be made available to the market at a price per unit equivalent to EUR 100.

Page 13: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 13

FEES AND COMMISSIONS

SUBSCRIPTION AND REDEMPTION FEES (applicable ONLY to PRIMARY MARKET TRANSACTIONS) Subscription and redemption fees are added to the subscription price paid by investors or are subtracted from the redemption price. Fees kept by the Fund compensate it for the expenses it incurs in investing in the Fund’s assets or in divesting these assets. Fees that are not kept by the Fund are paid to the management company, the distributor, etc. C-EUR and D-EUR units:

Fees paid by investors, charged upon subscription or redemption

Base Charge

Subscription fee not kept by the Fund Net asset value

x number of units Maximum of the higher of (i) EUR 50,000 per subscription order and (ii) 5% payable to third parties.

Subscription fee kept by the Fund Net asset value

x number of units None

Redemption fee not kept by the Fund Net asset value

x number of units Maximum of the higher of (i) EUR 50,000 per redemption order and (ii) 5% payable to third parties.

Redemption fee kept by the Fund Net asset value

x number of units None

Operating and management fees for c-eur and D-EUR units: These fees include all costs invoiced directly to the Fund, except for transaction costs. Transaction costs include intermediation costs (brokerage, stock market taxes, etc.) and any transaction fees that may be charged by the custodian or the management company. The following may also be charged in addition to the above operating and management fees and expenses: - performance fees paid to the management company when the Fund exceeds its objectives and which are therefore charged to the Fund; - transaction fees charged to the Fund; - a percentage of the revenue from temporary purchases and sales of securities. For further information on the expenses billed to the Fund, please refer to the Statistics section of the Key Investor Information Document (KIID).

Expenses charged to the Fund Base Charge

Operating and management fees and external management charges (1)

Net assets 0.15% p.a. maximum incl. taxes

Performance fees Net assets None

Transaction fees Charge on each transaction None

1) include all expenses except for transaction expenses, performance fees and fees associated with investment in UCITS or other investment funds. CALCULATION AND SHARING OF INCOME FROM TEMPORARY PURCHASES AND SALES OF SECURITIES Income from the lending of securities is split 50/50 between the Fund and the management company.

Page 14: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 14

COMMERCIAL INFORMATION

WHERE/HOW NAV IS PUBLISHED OR MADE AVAILABLE:

At the registered office of LYXOR INTERNATIONAL ASSET MANAGEMENT, 17 cours Valmy - 92987 Paris La Défense CEDEX – France

The distribution of this prospectus and the sale or purchase of the Fund units may be subject to restrictions in some countries. This prospectus does not constitute an offer or a solicitation on the part of anyone, in any country in which such an offer or solicitation would be i llegal, or in which the person making the offer or solicitation does not meet the conditions required to do so, or to any person to which it would be illegal to make such offer or solicitation. Fund units have not been and will not be offered or sold in the United States on behalf of or for the benefit of a citizen or resident of the United States. No persons other than those listed in the prospectus are authorised to provide information about the Fund. Investors considering subscribing for the Fund’s units must obtain information about the legal requirements that apply to such subscription, possible foreign exchange controls and the tax regime applicable in the country of which they are nationals or residents, or in which they reside. In accordance with Article L.533-22-1 of the French Monetary and Financial Code, you may find details on the inclusion, or otherwise, of social, environmental and corporate governance objectives and performance criteria on the management company’s website and in the Fund’s annual report. The Fund’s units are admitted to trading by Euroclear France S.A. Subscription and redemption orders are sent by investors' financial intermediaries (members of Euroclear France S.A.) to Société Générale's Département des Titres et de la Bourse (Securities and Stock Market Department). The Fund’s C-EUR units are admitted for trading on the Italian stock exchange - Borsa Italiana (Milan). The management company of the Fund undertakes to ensure that the market price of the Fund's units does not move more than 1.5% above or below indicative net asset value. Trading Day means any day on which the Paris stock exchange is open and operating as usual. Units in the LYXOR ETF BOT 6M (MTS Italy Treasury BOT 6 Months) fund may be admitted to trading on financial markets other than those indicated above: - Where the unit is listed on a market other than Euronext Paris, as specified under “Key Information”, investors’ attention is drawn to the following rules regarding the listing of the units on such markets:

Investors wishing to acquire Fund units or shares on any of the markets mentioned under “Key Information” are encouraged to take note of the operating rules laid down by the relevant exchange operator in compliance with local regulations, with the assistance if necessary of their usual intermediaries for placing orders on the markets in question. The Fund’s prospectus and most recent annual and periodic filings will be sent within one week to unitholders who request these documents in writing from: LYXOR INTERNATIONAL ASSET MANAGEMENT 17, cours Valmy – 92987 Paris La Défense CEDEX – France. email: [email protected] Information may also be requested at www.lyxoretf.com. This prospectus was published on 11 January 2013 The AMF’s website (www.amf-france.org) contains additional information on the list of regulatory documents and the set of provisions relating to investor protection. This Prospectus must be made available to investors prior to subscription.

INVESTMENT RULES

The Fund will comply with the investment rules of European Directive 2009/65/EC of 13 July 2009. The Fund may invest in the assets specified in Article L214-20 of the French Monetary and Financial Code, subject to the risk-diversification and investment ratio requirements of Articles R214-21 to R214-27 of the said Code. Pursuant to Article R214-22-II of the French Monetary and Financial Code concerning index funds and notwithstanding the 10% limit specified in paragraph II of Article R214-21, the Fund’s 20% exposure limit to a single issuing entity may be increased to 35% when this is justified by exceptional market conditions, and in particular when some stocks are very heavily weighted.

RISK MONITORING

The commitment approach is used to calculate the Fund's overall risk exposure.

Page 15: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 15

ASSET VALUATION AND ACCOUNTING RULES

a. valuation rules The Fund’s assets are valued in accordance with applicable laws and regulations and most notably Regulation No. 2003-02 of 2 October 2003 of the French Accounting Regulations Committee (Comité de la Réglementation Comptable – CRC), which applies to the chart of accounts for UCITS (Part one). When traded on a regulated market, financial instruments are valued at the closing price observed the day before the calculation of net asset value. When these financial instruments are traded on more than one regulated market at the same time, the closing price used is that of the regulated market on which they are most heavily traded. However, in the absence of significant trading on a regulated market, the following financial instruments are valued using the following specific methods:

- Negotiable debt securities with a remaining life upon acquisition of three months or less are valued at their purchase price. Any discount or premium to redemption value is amortised on a straight-line basis over the residual term of the instruments. However, the management company reserves the right to value these securities at their current value if they are particularly exposed to market risks (interest rates, etc). The rate applied is that at which equivalent securities are issued and a margin is applied to account for the risk associated with the issuer;

- Negotiable debt securities with a remaining life upon acquisition of more than three months but three months or less on the net asset value calculation date are valued at the last known market price. Any discount or premium to redemption value is amortised on a straight-line basis over the remaining life of the instrument. However, the management company reserves the right to value these securities at their current value if they are particularly exposed to market risks (interest rates, etc). The rate applied is that at which equivalent securities are issued and a margin is applied to

account for the risk associated with the issuer.

- Negotiable debt securities with a remaining life of more than three months on the net asset value calculation date are valued at their current value. The rate applied is that at which equivalent securities are issued and a margin is applied to account for the risk associated with the issuer.

- Futures contracts traded on a regulated market are valued at their settlement price on the day preceding net asset value calculation. Options traded on regulated markets are valued at their market price on the day preceding net asset value calculation. Futures and options traded over the counter are valued at the price quoted by the counterparty. The management company will verify this valuation independently.

- Bank deposits are valued at their nominal value plus accrued interest.

- Warrants, short and medium-term notes (bons de caisse), promissory notes and mortgage notes are valued under the management company’s responsibility at their most likely

trading value.

- Temporary securities transactions are valued at their market price.

- Units and shares in French collective investment undertakings are valued at the last known net asset value at the date the Fund’s net asset value is calculated.

- Units and shares in foreign investment funds are valued at the last known net asset value per unit at the date the Fund’s net asset value is calculated.

- Financial instruments traded on a regulated market and for which no price has been quoted or whose price has been corrected, are valued under the management company’s

responsibility at their most likely trading value. The exchange rates used to value financial instruments denominated in a currency other than the Fund’s base currency are the WM Reuters fixing rates on the day the Fund’s net asset value is calculated. B. accounting treatment of trading fees Trading fees are included in the initial cost of the related transaction. c. accounting treatment of income from fixed-income securities Income from fixed-income securities is recognised on a cash basis. D. distribution policy C-EUR units: Accumulation of income D-EUR units: The management company reserves the right to accumulate and/or distribute all or part of the income. E. ACCOUNTING CURRENCY The Fund’s accounting currency is the euro.

Page 16: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 16

LYXOR ETF BOT 6M (MTS Italy Treasury BOT 6 Months) is in no way sponsored, endorsed, promoted or sold by EuroMTS Limited (collectively referred to as "Holders"). EuroMTS Limited assumes no liability for the promotion or marketing of LYXOR ETF BOT 6M (MTS Italy Treasury BOT 6 Months). EuroMTS and EuroMTS IndexTM and EuroMTS IndicesTM are registered trademarks of EuroMTS Limited. EuroMTS indices are calculated by EuroMTS and marketed and distributed by MTSNext, a company owned by EuroMTS. Neither EuroMTS nor MTSNext shall not be held liable for any loss or damage of any nature (including, in particular, investment losses) arising wholly or partly from the LYXOR ETF BOT 6M (MTS Italy Treasury BOT 6 Months) subfund or to the provision of the MTS Italy – Treasury BOT 6M indices, subindices or registered trademarks.

Page 17: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 17

LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS)

REGULATIONS UCITS COMPLIANT WITH EU STANDARDS

TITLE 1

ASSETS AND UNITS

ARTICLE 1 – CO-OWNERSHIP UNITS

Co-ownership rights are expressed in units, with each unit corresponding to the same percentage of the Fund’s assets. Each unitholder enjoys co-ownership rights over the Fund’s assets in proportion to the number of units held. The Fund’s term is 99 years from the date of its approval by the AMF (22 November 2012) unless the Fund is wound up prior to this or extended as provided for in these rules.

The Fund reserves the right to group units together or split them. The units may be divided into 100-thousandths known as unit fractions if so decided by the executive board of the management company. Rules pertaining to the issue and redemption of units apply to unit fractions, the value of which shall always be proportional to that of the unit they represent. All other provisions of the Fund rules relating to units shall apply to unit fractions without the need to specify this, unless the rules indicate otherwise. The management company’s executive board may, at its sole discretion, split existing units to create new ones, which shall be allocated to un itholders in exchange for their existing units.

ARTICLE 2 - MINIMUM AMOUNT OF ASSETS

Units may not be redeemed if the Fund's asset value falls below EUR 300,000. If the Fund’s assets remain below this amount for 30 days, the management company shall make the necessary provisions to liquidate the UCITS in question or proceed with one of the measures mentioned in Article 411-16 of the AMF General Regulations (UCITS fund transfers).

ARTICLE 3 - ISSUE AND REDEMPTION OF UNITS

Units shall be issued at any time at the request of unitholders on the basis of their net asset value plus any subscription fees that may be due. Subscriptions and redemptions shall be carried out as specified in the prospectus and according to the terms and conditions set out therein. Units in FCP mutual funds may be admitted for trading on a regulated exchange according to applicable regulations. Subscriptions must be fully paid up by the net asset value calculation date. Subscriptions may be paid for in cash or in securities. The management company may refuse the securities proposed and has seven days from the date of deposit to make its decision known. If it accepts the in-kind payment, the securities are valued according to the rules stipulated in Article 4 and will be subscribed on the basis of the first net asset value following acceptance of the securities. Redemptions are made exclusively in cash, except when the Fund is liquidated and the unitholders have agreed to be reimbursed in the form of securities. The custodian will settle them no later than five days after unit valuation. However, if under exceptional circumstances, redemption requires the prior sale of the Fund’s assets, the time allowed for payment may be extended to up to 30 days. Except in the event of inheritance or inter vivos distribution (donation-partage), the sale or transfer of units between unitholders, or between unitholders and a third party shall be deemed to be a redemption followed by a subscription. If the sale or transfer is made to a third party, the amount of such sale or transfer must be supplemented by the beneficiary until the minimum subscription requirement specified in the prospectus is reached. Pursuant to Article L. 214-8-7 of the French Monetary and Financial Code, the Fund’s redemption of its units and the issuing of new units may be temporarily suspended by the management company, when this is required by exceptional circumstances and if in the interest of unitholders. If the calculation of the NAV is suspended the processing of subscription and redemption orders shall also be suspended. If the Fund’s assets fall below the minimum amount specified by regulations, no units shall be redeemed.

ARTICLE 4 - CALCULATION OF NET ASSET VALUE

The net asset value of the units is calculated in accordance with the valuation rules presented in the prospectus.

Page 18: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 18

TITLE 2

FUND OPERATION

ARTICLE 5 - THE MANAGEMENT COMPANY: LYXOR INTERNATIONAL ASSET MANAGEMENT

The Fund shall be managed by the management company in compliance with the Fund’s investment policy. The management company shall in all circumstances act on behalf of unitholders and shall alone be authorised to exercise the voting rights attached to the Fund’s securities. ARTICLE 5A - OPERATING RULES

The securities and deposits in which the Fund may invest and the Fund's investment rules are specified in the prospectus.

ARTICLE 6 - THE CUSTODIAN: SOCIETE GENERALE

The custodian performs both its statutory and regulatory functions and those for which it is responsible under contract with the management company. The custodian must ensure that decisions taken by the management company are lawful. Where applicable, it must take all protective measures that it deems necessary. In the event of a dispute with the management company it shall inform the AMF.

ARTICLE 7 - AUDITOR

The management company’s executive board shall appoint an auditor to serve for a term of six years, subject to the AMF’s approval. The auditor certifies that the financial statements are true and fair. The auditor may be reappointed. The auditor shall have a duty to report promptly to the AMF any facts or decisions concerning the UCITS of which he becomes aware in the course of carrying out his task and which is liable to: 1) constitute a material breach of the laws or regulations that apply to the UCITS and that are likely to have a material impact on its financial position, income or assets; 2° have a significant adverse effect on its operations or its continuous functioning; 3° lead to the expression of reservations or a refusal to certify the accounts. The auditor shall supervise the valuation of assets and the calculation of unit exchange ratios in the event the Fund is converted, merged or split up. The auditor shall, under his own responsibility, evaluate all contributions in kind. The auditor shall certify the composition of assets and other information prior to disclosure. The auditor’s fees shall be set by mutual agreement between the auditor and the board of directors or the executive board of the management company on the basis of the estimated work schedule. The auditor shall certify the interim financial statements used to determine interim dividends.

ARTICLE 8 – FINANCIAL STATEMENTS AND MANAGEMENT REPORT

At the end of each financial year, the management company shall draw up summary documents and a report on the management of the Fund (and, where applicable, of each subfund) over the financial year then ended. At least once in every six-month period, the management company shall prepare an inventory of the assets of the Fund under the supervision of the custodian. The management company shall make these documents available to unitholders within four months of the financial year-end and inform them of the income to which they are entitled. These documents are either mailed to unitholders at their express request, or made available to them at the management company's premises.

Page 19: PROSPECTUS LYXOR ETF BOT 6M (MTS ITALY TREASURY BOT 6 MONTHS) · 2013-01-22 · Lyxor ETF BOT 6M (MTS Italy Treasury BOT 6 Months) legal form and member state in which the fund was

Page 19

TITLE 3

APPROPRIATION OF EARNINGS

ARTICLE 9 – Appropriation of earnings and other distributable amounts

The net income for the year shall be the sum of all interest payments, arrears, dividends, premiums, bonuses, directors’ fees and any other revenue arising from the securities in the Fund’s portfolio, plus income from temporary cash holdings, less management fees and interest expense. Distributable income consists of the following: 1) The net income for the year, plus retained earnings and plus or minus the net revenue accruals for the year; 2) Realised capital gains, net of expenses, minus realised capital losses, net of expenses, recognised for the year, plus any net capital gains of the same kind recognised over the previous years that were not distributed or accumulated, plus or minus the balance of the capital gains accruals. The amounts referred to in 1) and 2) may be distributed independently of each other, in whole or in part. The Fund may select either of the following three distribution options for each class of Fund unit: Pure accumulation: all distributable income will be entirely reinvested in the Fund, except for income that must be distributed by law. Pure distribution: all income will be distributed to the closest rounded-off amount and interim dividends may be distributed. Accumulation and/or Distribution: each year, the management company decides how earnings will be appropriated and may decide to pay out one or more interim dividends during the course of the year within the limit of the distributable amount that has been recorded on the date the decision is made. Any remaining distributable amounts will be reinvested. The appropriation of earnings and distributable income is described in detail in the prospectus.

TITLE 4

MERGER - SPLIT - DISSOLUTION - LIQUIDATION

ARTICLE 10 - MERGER - SPLIT

The management company may transfer some or all of the Fund’s assets to another UCITS, or split the Fund into two or more other mutual funds. Such merging or splitting of the Fund cannot be carried out until the unitholders have been informed. A new certificate indicating the number of units that each unitholder holds shall be issued.

ARTICLE 11 - DISSOLUTION - EXTENSION

- If the Fund’s assets remain below the amount specified in Article 2 above for 30 days, the management company shall inform the AMF and shall dissolve the Fund, unless it is to be merged with another FCP fund. - The management company may dissolve the Fund before it reaches its term. In this case it shall inform the unitholders of its decision and after this date shall not accept subscription or redemption orders. - The management company shall also dissolve the Fund in the following events: an order is placed to redeem all units; terminat ion of the custodian’s service without appointment of another custodian, or expiry of the Fund’s term without extension. The management company shall inform the AMF by mail of the planned dissolution date and procedure. It shall then send the AMF the auditor’s report. The management company may decide to extend the Fund’s term with the agreement of the custodian. It must make this decision at least three months before the Fund’s term is to expire and inform unitholders and the AMF of this decision

ARTICLE 12 - LIQUIDATION

In the event of dissolution, the custodian or the management company shall take on the functions of liquidator, failing which the liquidator shall be appointed by the courts at the request of any interested party. For this purpose, they have the full powers to sell the Fund's assets, settle liabilities and distribute the remaining funds between unitholders in the form of cash or securities. The auditor and the custodian shall continue to perform their duties until the liquidation is completed.

TITLE 5

DISPUTES

ARTICLE 13 - COMPETENT COURTS - JURISDICTION

Any disputes concerning the Fund that may arise during its lifetime or upon its liquidation, either between the unitholders or between unitholders and the management company or the custodian, shall be subject to the jurisdiction of the competent courts.