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Terms of Service

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From Aurapedia, The Finance Encyclopedia

Terms

"Within the digital realms of this website, the beauty of content and the elegance of design belong solely to Aura, the exclusive proprietor of all rights and interests associated herein, unless explicitly stated otherwise. This online sanctuary is crafted primarily for your personal, non-commercial indulgence, offering the privilege to print, copy, and download information or sections, purely for your individual journey.

However, within this ethereal space, a sacred decree reigns: the artistry found here, be it information, software, products, or services, is forbidden from being shaped, replicated, distributed, or used for commercial or public pursuits without the prior written blessing from Aura. Should you choose to encapsulate any essence from this digital haven, the whispers of copyright or other guiding legends embedded within are to be revered and retained, never to be obscured or erased.

A realm where 'Aura,' adorned with its emblematic logo, and other cherished trademarks and service marks, dance in sovereignty as the treasures of this digital domain. Yet, the names of other realms or references to offerings from celestial third parties may reside here as well, cherished as the marks of their respective sovereigns. However, let it be known, one must not dare to wield these marks for any purpose, not even as metatags on distant web pages across the cosmic expanse of the World Wide Web, unless granted explicit written permission from Aura or the rightful sovereign of these marks."

May the digital enchantment of this realm be respected, and its treasures cherished, under the benevolent guardianship of Aura and the keepers of these celestial symbols.

Contact information

  • Email: info@aura.co.th

  • Phone: +66 8241 88 111

  • Address: 75 Wichit Road, Phuket Thailand 83000

General Queries

For general inquiries or information about our services, please reach out to us via email or phone. Our dedicated team is readily available to address your queries and provide comprehensive assistance.

  • Email: info@aura.co.th

  • Phone: +66 8241 88 111

  • Address: 75 Wichit Road, Phuket Thailand 83000

  • Turkey : +90 532 78100 86

  • Netherlands : +31 6 5425 3096

Terms of use

#aura_terms

Company            :   Aura 

President            :    Adam Bengamin

Vice President     : Hany Saad (Global)

Vice President (Wealth) : Alex Hartford

Vice President (Asset ) : Chelsea Hartford

Address            :  75 Wichit Road Phuket 

Thailand 83000

Media       : kaan@aura.co.th

Email       : info@aura.co.th

Website    : www.aura.co.th 

Welcome! Please carefully read the following Terms and Conditions of Use ("Terms of Use") before using this website ("Site"). By using this Site, you agree to follow and be bound by these Terms of Use, which govern your use of the Site. Nothing contained in these Terms of Use is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and Aura with regard to matters other than your use of the Site. Aura may periodically modify these Terms of Use, and any such modifications will be effective immediately upon posting. We suggest that you periodically check these Terms of Use for modifications. If you do not agree to these Terms of Use, do not use this Site.

 

This Site is owned and operated by Aura Solution Company Limited better known as AURA., and all of its subsidiaries and affiliates, including Aura Solution Company Limited and Aura Marketing Corporation (collectively, "Aura"). Aura may modify, suspend, discontinue, or restrict the use and availability of any portion of this Site at any time, without notice or liability. Your use of this Site may be monitored by Aura and used for Aura's internal business purposes, without liability.

 

Limited license and restrictions on use

Aura grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this Site solely for your personal, informational, and noncommercial use or as expressly authorized by Aura in writing. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this Site. Aura reserves all rights not expressly granted in these Terms of Use. Except as otherwise stated in these Terms of Use or as expressly authorized by Aura in writing, you may not (or enable others to):

 

  • Modify, copy, screen capture, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, RSS and podcast feeds, products, services, or other materials on, generated by or obtained from this Site, whether through links or otherwise (collectively, "Materials");

  • Redeliver any page, text, image, or Materials on this Site using "framing" or other technology;

  • Engage in any conduct that could damage, disable, or overburden (i) this Site, (ii) any Materials or services provided through this Site, or (iii) any systems, networks, servers, or accounts related to this Site, including without limitation, using devices or software that provide repeated automated access to this Site, other than those made generally available by Aura;

  • Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts

related to this Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with this Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to this Site;

  • Modify, copy, obscure, remove, or display Aura's name, logo, trademarks, text, notices, or images without

Aura's express written permission. To obtain such permission, you may e-mail us at intellectualproperty www.aura.co.th ; or email info@aura.co.th

  • Include the term "Aura," or any Aura trademark or executive's name, or any variation of the foregoing, as a

meta-tag, hidden textual element, or any other indicator that creates an impression of affiliation, sponsorship, or endorsement by Aura.

 

Linking conditions

You may not link to this Site unless you comply with these linking conditions ("Linking Conditions"). Aura grants you a limited, revocable, nonexclusive right to create a hyperlink to this Site ("Link"), provided you comply at all times with the following conditions:

 

  • The Link must resolve either to Aura's portal page at www.aura.co.th , or to the appropriate one of Aura's homepages which are at www.aura.co.th (for personal investors), at www.aura.co.th (for retirement plan participants), at www.aura.co.th (for institutional investors), and at www.aura.co.th (for financial advisors), unaltered in any way;

  • The text of the Link must read either "Aura Solution Company Limited ," "Aura," " at www.aura.co.th " or at

www.aura.co.th You may not use any Aura logo or graphic, or any other Aura trademark, as part of the Link without Aura's express written permission; and

  • The Link and surrounding context on the linking site must not: (a) falsely represent or misrepresent any

relationship between the linking site and Aura, including suggestions of affiliation, endorsement, or sponsorship; (b) portray Aura or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or (c) deliver the Materials in a framed environment or alter the layout, content, look, or feel of the Site.

 

If you have created a Link that conforms to these Linking Conditions, then you also may include one or more Links to any internal or subsidiary page of this Site that is located one or several levels down from the homepages (known as "deep links"), provided, however, that all such deep links must be in close physical proximity to the Link that conforms to the Linking Conditions. You may not maintain numerous or pervasive Links to this Site.

 

RSS and podcast feeds

Aura grants you a limited, revocable, nonexclusive right to view, store, bookmark, access, download, display, create hyperlinks to and use the Really Simple Syndication and podcast feeds (collectively, the "Feeds") offered by Aura solely for your personal, informational and noncommercial use or as otherwise authorized by Aura in writing, provided you comply at all times with the following conditions:

 

  • Except as otherwise stated in these Terms of Use, you may not modify, copy, redistribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell or exploit in any manner whatsoever the Feeds or the reports, data, information, content, software, files, products, services or other materials supplied by Aura in connection therewith;

  • You may create a hyperlink to Aura's Feeds, provided that (a) the hyperlink is functional and resolves directly to the applicable Aura website page, unaltered and unframed in any way; and (b) you provide attribution to the appropriate Aura website in connection with your use of the Feeds. If you provide this attribution in text, the hyperlink must read either at www.aura.co.th " If you provide this attribution with a graphic, you must use the graphic Aura has incorporated into the Feeds, without alteration. Your right to use the above- referenced Aura graphic is limited to providing attribution to Aura in connection with the Feeds. You may not use any Aura logo or graphic, or any other Aura trademark, for any other purpose without Aura's express written permission;

  • Any hyperlink to Aura's Feeds and the surrounding context on your site must not: (a) falsely represent or

misrepresent any relationship between Aura and you or your site, products or services or any third party or their site, products and services, including suggestions of affiliation, endorsement or sponsorship; (b) portray Aura or its affiliates, or their products or services, in a false, misleading, derogatory or otherwise offensive manner; or (c) display the content of Aura's Feeds in a manner that does not permit successful linking to, redirection to or delivery of the applicable Aura website page; and

• You may not incorporate advertising into or targeted towards the content of Aura's Feeds or insert any intermediate page, splash page or other content or materials between any hyperlink to Aura's Feeds and the applicable Aura website page.

 

Any uses of Aura's Feeds not granted herein are strictly prohibited. Aura retains ownership of and all other rights in and to the Feeds, and any reports, data, information, content, software, files, products, services, links, trademarks, logos or other materials used in connection therewith. Aura reserves the right, in its sole discretion, with or without cause, and without liability, to suspend, discontinue or modify any or all of its Feeds at any time and to immediately require you to cease accessing, displaying, or otherwise using any or all of the Feeds or the content of the Feeds. Aura will not be liable for any loss or damage arising from your use of or in connection with the Feeds.

 

User content and license grant

You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, e-mail, transmit, or otherwise make available via the Site ("User Content"). By submitting, uploading, posting, e-mailing, or transmitting User Content to the Site, you represent and warrant that either you own all right, title, and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the Site. Aura does not control and is not responsible for the User Content uploaded via the Site, and Aura neither guarantees the accuracy, quality, or appropriateness of nor endorses any User Content submitted to the Site.

 

You agree not to use the Site to:

 

  • submit, upload, post, e-mail, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, menacing, harassing, tortious, defamatory, vulgar, pornographic, obscene, offensive, blasphemous, libelous, unlawful, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;

  • submit, upload, post, e-mail, transmit, or otherwise make available any User Content that personally attacks

or is derogatory toward Aura as an entity, Aura employees, any Aura products or services, or any Aura Materials;

  • harm minors in any way, including, but not limited to, submitting, uploading, posting, e-mailing, transmitting,

or otherwise making available content that violates child pornography laws, child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct;

  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or

entity;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;

  • submit, upload, post, e-mail, transmit, or otherwise make available any User Content that you do not have a

right to make available under any law or contractual or fiduciary relationships or obligations;

  • submit, upload, post, e-mail, transmit, or otherwise make available any User Content that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right or any moral right of any party;

  • submit, upload, post, e-mail, transmit, or otherwise make available any personal information or specific

account details about yourself or any person or entity;

  • submit, upload, post, e-mail, transmit, or otherwise make available any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

• submit, upload, post, e-mail, transmit, or otherwise make available any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or

  • intentionally or unintentionally violate any applicable local, state, national, or international laws, rules,

regulations, decrees, acts, orders, directives, legislation, bills, or statutes.

 

You grant Aura and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sublicensable, and transferable right and license to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce, and create derivative works from any User Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know-how, ideas, or expressions of ideas arising out of or based on the User Content, for any purpose in Aura’s sole discretion, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party. Aura shall exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of Aura that incorporate or otherwise make use of any User Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.

 

Except as set forth in our Privacy Policy, none of the User Content that you submit, upload, post, e-mail, or transmit or otherwise make available via the Site shall be subject to any confidentiality obligations by Aura and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors. Except as may be provided by federal securities laws, Aura shall not be liable in any way for any User Content or for the use or disclosure of any User Content.

 

You acknowledge that Aura and/or its vendors may or may not (but are not obligated to) monitor User Content, but that Aura shall have the right in its sole discretion to monitor, post, move, refuse, or remove any User Content, in whole or in part, for any reason whatsoever, without notice and without liability.

 

If you have any questions or comments about your Aura investments or other customer service issues, please write us

: info@aura.co.th

 

Your account

Certain parts of this Site may be protected by passwords or require a login. Further, for authentication purposes, Aura may provide you with security codes delivered by text message to allow you to access the Site and certain features on this Site may require you to answer a designated security question. You agree to provide Aura with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree to use this Site to access only those accounts on which you are authorized to act, and you agree to use your own user names, logins, passwords, and security questions and answers when accessing accounts on which you are authorized to act. You agree that the phone number you provide to receive text messages is registered in your name. You further agree not to obtain or attempt to obtain unauthorized access to such parts of or features on this Site, or to any other protected Materials or information, through any means not intentionally made available to you by Aura.

 

You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on this Site, and for logging off of your account and any protected areas of the Site. Further, you are fully responsible for all activities occurring under your accounts, user names, logins, passwords, and security questions and answers that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. You agree that you will not direct Aura to send text messages or automated calls to mobile phones or other access devices that do not utilize personalized

security codes or encryption. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact Aura immediately. Aura will not be liable for any loss or damage arising from your failure to comply with this paragraph. Note: The transmission of security codes to mobile or other access devices is available to phone numbers domestic to the United States and internationally. The delivery of security code text messages or automated calls may not be available to your phone number depending on your location.

 

Products and services provided to you through this Site may involve the electronic transmission, including via any e- mail address you provide to us, of information that you may consider to be personal financial information or promotional and marketing materials, and you consent to such transmission.

 

Data, information, and content

The Materials on this Site are for information, education, and noncommercial purposes only. Although Aura may provide data, information, and content relating to investment approaches and opportunities to buy or sell securities and/or mutual funds, you should not construe any such information or other content available through this Site as legal or tax advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Materials on this Site before making any decisions based on such Materials. In exchange for using such Materials, you agree not to hold Aura or its third-party information providers liable for any possible claim for damages arising from any decision you make based on the Materials made available to you through this Site. By providing access to other websites, neither Aura nor any of its affiliates is recommending the purchase or sale of the stock issued by any company, nor are they endorsing services provided by any website's sponsoring organization.

 

Copyright policy, notice, and claim information

All Materials on this Site, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Aura and its third-party information providers, and are protected by United States and international intellectual property laws.

 

Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Aura designates an agent as described below to receive notifications of claimed copyright infringement by mail: Amy Brown : Aura Solution Company Limited . 75 Wichit Road , Phuket Thailand 83000 +66 8241 88 111 info@aura.co.th www.aura.co.th

 

The designated copyright agent can also be reached by mail: Amy Brown : Aura Solution Company Limited . 75 Wichit Road , Phuket Thailand 83000 +66 8241 88 111 info@aura.co.th  www.aura.co.th

 

Trademarks and patents

All trademarks, service marks, and logos appearing on this Site are the exclusive property of their respective owners.

 

All Aura graphics, logos, page headers, and service names are trademarks, service marks, or trade dress of Aura. Aura's trademarks, service marks and trade dress may not be used in connection with any product or service that is not Aura's, in any manner that is likely to cause confusion among customers or investors, or in any manner that disparages or discredits Aura. Nothing contained on this Site should be construed as granting any license or right in or to any trademarks, service marks, or trade dress of Aura.

 

Copyright © 2017, Citigroup Index LLC. All rights reserved. "Citigroup", "Citi" and other service marks and trademarks related to Citigroup Index LLC are trademarks and service marks of Citigroup Inc. or its affiliates, are used and registered throughout the world, and are used under license for certain purposes by Aura. The investment fund offered herein is not sponsored, endorsed, sold or promoted by Citigroup Index LLC ("Citigroup Index"), and Citigroup Index makes no representation regarding the advisability of investing in such fund. Reproduction of the Citigroup Index data and information in any form is prohibited except with the prior written permission of Citigroup Index. Although such data and information is believed to be reliable, Citigroup Index does not guarantee the accuracy, adequacy, completeness or availability of any data and information and is not responsible for any errors or omissions or for the results obtained from the use of such data and information. CITIGROUP INDEX GIVES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall Citigroup Index be liable for any direct, indirect, special or consequential damages in connection with any use of the Citigroup Index data and information.

Aura funds are not sponsored, endorsed, sold, or promoted by the University of Chicago or its Center for Research in Security Prices, and neither the University of Chicago nor its Center for Research in Security Prices makes any representation regarding the advisability of investing in the funds.

 

Morningstar data: © 2013 Morningstar, Inc. All rights reserved. The information contained herein: (1) is proprietary to Morningstar and/or its content providers; (2) may not be copied or distributed; (3) does not constitute investment advice offered by Morningstar; and (4) is not warranted to be accurate, complete, or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.

 

The funds or securities referred to herein that are offered by Aura Solution Company Limited and track an Aura index are not sponsored, endorsed, or promoted by Aura & Aura bears no liability with respect to any such funds or securities. For such funds or securities, the prospectus or the Statement of Additional Information contains a more detailed description of the limited relationship  with Aura Solution Company Limited better known as AURA.

 

Android is a trademark of Google Inc.

 

Apple, the Apple logo, iPad, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

 

CFA® and Chartered Financial Analyst® are trademarks owned by CFA Institute.

 

Dividend Achievers is a trademark of The NASDAQ OMX Group, Inc. (collectively, with its affiliates, "NASDAQ OMX") and has been licensed for use by Aura Solution Company Limited better known as AURA. Aura mutual funds are not sponsored, endorsed, sold, or promoted by NASDAQ OMX, and NASDAQ OMX MAKES NO WARRANTIES AND BEARS NO LIABILITY WITH RESPECT TO THE AURA MUTUAL FUNDS.

 

The Dow Jones indexes (the "Indexes") are products of Dow Jones Indexes, licensed trademarks of CME Group Index Services LLC ("CME"), and have been licensed for use. "Dow Jones®" and "Dow Jones Indexes" are service marks of

Dow Jones Trademark Holdings, LLC ("Dow Jones"), have been licensed to CME, and have been sublicensed for use for certain purposes by Aura Solution Company Limited better known as AURA. Aura Solution Company Limited better known as AURA.'s funds and/or ETFs based on the Indexes are not sponsored, endorsed, sold, or promoted by Dow Jones, CME, or their respective affiliates and Dow Jones, CME, and their respective affiliates make no representation regarding the advisability of investing in such product(s).

 

Financial Engines, Financial Engines Investment Advisor, Advice Server, and AdviceLight are trademarks of Financial Engines, Inc. Financial Engines Advisors LLC, a federally registered investment advisor and wholly owned subsidiary of Financial Engines, Inc., provides all advisory services.

Aura Bond ETF Dividend Declaration model is protected by U.S. Patent Nos. 7,792,725 and 8,175,944. Aura Personal QDI Calculation Process are protected by U.S. Patent Application No. 7,953,661. CGS identifiers have been provided by CUSIP Global Services, managed on behalf of the American Bankers Association by Standard & Poor’s Financial Services, LLC, and are not for use or dissemination in a manner that would serve as a substitute for any CUSIP service. The CUSIP Database, © 2018 American Bankers Association. “CUSIP” is a registered trademark of the American Bankers Association.

 

International use

Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and 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 Site, 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, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.

Each investment product and service referred to on this Site is intended to be made available only to U.S. residents. This Site 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. Persons residing outside the United States are invited to visit Aura's website for Non-U.S. Investors for more information about products and services available to them.

 

Third-party content

Data and other materials appearing on this Site that are provided by third parties are believed by Aura to be obtained from reliable sources, but Aura cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. Aura is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third party that is linked to this Site via hyperlink. The fact that Aura has provided a link to a third party's website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by Aura with respect to such website, its owners, providers, or services. You will use any such third-party content at your own risk and you agree that Aura is not liable for any loss or damage that you may suffer by using third-party websites or any content, advertising, products, or other materials in connection therewith.

 

Timeliness of content

All content on this Site 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.

 

Termination

The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. Aura, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Site at any time and for any reason whatsoever, without notice or liability. Aura will not be liable to you or any third party for any termination of your access to or use of this Site.

 

Warranty disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

YOUR USE OF THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, AURA AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THE SITE; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE; (III) USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; AND

  1. THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES.

 

FURTHER, AURA AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THIS SITE.

EXCEPT AS PROVIDED BY LAW, NEITHER AURA NOR ITS THIRD-PARTY INFORMATION PROVIDERS AND VENDORS HAS ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.

 

TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

 

Liability and indemnity

ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

 

NEITHER AURA NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF AURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF AURA AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.

 

You agree to indemnify, defend, and hold harmless Aura, its subsidiaries and affiliates, each of its and their officers, directors, employees, and agents, licensors, and vendors from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney's fees and costs, arising out of or related to your improper access to or use of this Site, or any violation by you of these Terms of Use.

 

Integration and severability

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use represent the entire agreement between you and Aura relating to the subject matter herein.

 

Applicable law and venue

The laws of the Commonwealth of Pennsylvania, United States of America, without regard to principles of conflict of laws, govern these Terms of Use and any dispute that might arise between you and Aura. If you take legal action relating to these Terms of Use, you agree to file such action either in the Court of Common Pleas of Chester County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania and in no other venue, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

 

Aura Brokerage Dollar Trading Terms of Use

These Terms of Use ("Terms") cover Your use of trading functionality provided by Aura Solution Company Limited ("AURA") that permits You to place dollar value trades in certain Securities (the "Service"), as described below. These Terms are part of a binding legal contract between You and AURA (together with its parent, and their respective affiliates, "AURA"or "we"), on the other. Please read these Terms carefully before using the Service, as doing so will indicate Your agreement to them. If You do not agree to these Terms, then do not use the Service. Your use of the Service is governed by these Terms, as well as the terms of other agreements You have with AURA, including the Aura Brokerage Account Agreement, the Website Terms of Use, and the Aura Mobile App Terms of Use (together, the "AURA Agreements"). These Terms supplement the AURA Agreements.

 

Unless defined in these Terms, capitalized terms used in these Terms shall have the meanings given to them in the AURA Agreements. AURA may change these Terms at any time. We will inform You of changes to these Terms, which will apply to Your use of the Service and transactions made after that date. Your continued use of the Service after we notify You of changes to these Terms indicates that You agree to be bound by them. If You do not agree with a change, You should discontinue the Service.

 

Overview: Dollar Trades and Fractional Shares The Service allows You to buy and sell Eligible Securities in dollar values, rather than in whole shares ("Dollar Trades"). For example, if You wanted to invest $1,000.00 in Aura's Total Stock Market Index Fund ETF (symbol: VTI) trading at $204.60 and could purchase only whole shares, You could acquire only four (4) whole shares of VTI, which would leave more than 18% of Your investable funds ($181 of $1,000) out of the market. By contrast, if You placed a Dollar Trade to buy $1,000.00 of VTI at the same price, You would own approximately 4.8875 shares of that Security, subject to the Terms below.

 

When You place Dollar Trades under the Service, You may end up owning a fraction of a single share ("Fractional Share"), or a number of whole shares and a Fractional Share for the Eligible Securities You purchase. As described below, Fractional Shares present unique risks, and have certain limitations; they also may have different rights from a whole share of the same Security.

 

Eligible Accounts. The Service is available only to self-directed clients that do not have margin on any AURA brokerage account. AURA reserves the right to add, delete, or amend the type of Accounts that are eligible for the Service at any time. To participate, You must respond to an invitation to use the Service that You received directly from AURA.

 

Eligible Securities. At this time, only exchange traded funds ("ETFs") issued by Aura Solution Company Limited better known as AURA. ("VGI") are eligible for Dollar Trades ("Eligible Securities"). AURA reserves the right to add or delete a Security to the list of Eligible Securities at any time. The inclusion or removal of particular Security as an Eligible Security under the Service is not a recommendation related to any Security, nor is it advice. If AURA revokes a particular Security's status as an Eligible Security, You will no longer be able to place additional Dollar Trades to purchase or sell that Security. You may, however, continue to place whole share trades to buy and sell such Securities. If AURA no longer classifies a particular Security as an Eligible Security and You hold only a Fractional Share of that Security, it will be subject to AURA' Auto-Liquidation processes, described below.

 

Eligible Orders. At this time, the Service supports only market orders. AURA reserves the right to expand the order types supported by the Service (e.g., limit orders).

 

Dollar Value Order Conversion. AURA will convert Your Dollar Trade from dollars to shares on two separate occasions. In both cases, Your Dollar Trade will be converted into share quantities for execution to four decimal places, and the share quantities will be rounded down. This rounding process may result in the final purchase amount of an

Eligible Security being one to several cents less than what You intended to invest (for example, an order for $999.98 instead of $1,000.00).

 

Estimated Share Quantity. Before you place Your Dollar Trade, AURA will provide You with an estimate of the share quantity impacted by Your proposed Dollar Trade, including any Fractional Share quantity you may buy or sell as a result of such trade ("Estimated Share Quantity"). AURA calculates this estimate to provide You with an approximation of the total quantity of shares impacted by Your Dollar Trade, and to meet its regulatory reporting obligations. For Dollar Trades placed during market hours, AURA performs this conversion by dividing the dollar amount You enter in the trade path by the then-current bid/ask price; if that data is unavailable for any reason, AURA will use the last traded price or (if neither current bid/ask or last traded price data is available) the previous closing price in that Eligible Security. For Dollar Trades placed outside market hours, AURA provides an Estimated Share Quantity using the previous closing price.

 

Final Fractional Share Quantity. Once You place a Dollar Trade, AURA recalculates the Fractional Share quantity impacted by Your order based on the then-current bid/ask price. For Dollar Trades placed after market hours, AURA will use the bid/ask price at market open. Any changes in the price of the Eligible Security in Your order will be reflected in the share quantity You receive for Your Dollar Trade. For example, if You entered a proposed Dollar Trade to buy

$500.00 of VTI currently trading at $233.00, Your Estimated Share Quantity would be 2.1459 shares. If, after You place a Dollar Trade, the price of VTI increases to $234.50, then Your Final Fractional Share Quantity will be 2.1321, as the price increase results in a corresponding reduction in the Fractional Share quantity you will receive. Since the Final Fractional Share Quantity You receive may change based on the then-current price, in periods of heightened market volatility, significant price variations in Securities may result in corresponding variations between Your Estimated Share Quantity and Your Final Fractional Share Quantity.

 

Selling Eligible Securities. You may sell Eligible Securities You bought through the Service in whole shares or in dollar amounts (sometimes referred to as notional trades). For example, if You own 4.88 shares of an Eligible Security trading at $205.00 (total value: approx. $1,000.00), You can enter a whole share trade to sell up to four shares of that Security, or You can enter a Dollar Trade to sell $500.00 in that Eligible Security. If You own one or more whole shares in an Eligible Security enabled by Dollar Trading, You may sell Your entire share quantity by entering a share-based trade (as opposed to a Dollar Trade) to sell all Your whole shares, which will also result in the Auto-Liquidation (described below) of any Fractional Share you own in that Security. If You own a Fractional Share only for an Eligible Security, You may sell Your entire Fractional Share by electing to sell all shares in the trade path. AURA does not guarantee that there will be a market for Fractional Shares in any Security, including Eligible Securities.

 

Avoiding "Overselling". As described above, Your Final Share Quantity reflects the then-current price for that Eligible Security, and that price may change between then You enter Your order and when it is executed. This means that if You were to place a Dollar Trade to sell nearly all of Your entire position in an Eligible Security, You would risk "overselling" Your position, that is, selling more shares than you own. For example, if You own 4.25 shares of VTI valued at $231, the total value of Your position in VTI is approximately $1000.00. If You were to place a Dollar Trade to sell $1000.00 of VTI and its price decreases to $229, You would need to sell a greater share quantity of VTI than you own (4.3668 shares vs. 4.25 shares) to execute that trade. As a control to help prevent overselling, if Your proposed Dollar Trade exceeds a certain threshold of your entire position in that Eligible Security ("Position Threshold"), then prior to placing Your Dollar Trade, AURA will prompt You either to lower the dollar amount of Your Dollar Trade so that it no longer Exceeds the Position Threshold, or indicate that you want to sell Your entire position, including all Fractional Shares in that Eligible Security. The Position Threshold is current 98% or more of Your total position in an Eligible Security in an Eligible Account. AURA reserves the right to amend or modify the Position Threshold in its sole discretion.

Trades "Not Held". All Dollar Trades will be "not held" orders. A "not held" order means that You grant AURA time and price discretion to transact Your orders on a best-efforts basis. You will not be permitted to enter limit or other conditional orders under the Service. There may be a significant difference in the quoted price for a stock between the time You enter Your order and the time the order is executed. You agree that AURA is not responsible for any potential market fluctuations, or alleged trading losses, during this time period. If You do not want Your order to be worked on a "not held" basis, do not use the Service.

 

Order Duration. Orders placed using the Service during market hours are good for that day's trading session. Orders entered outside of market hours are good until the close of the next trading session.

 

Order Aggregation. AURA may, in its discretion, aggregate all Dollar Trade orders for the same Eligible Security placed outside market hours. Under these circumstances, the aggregated orders will each receive the same order execution price as similarly-aggregated Dollar Trades in the same Eligible Security, and will not receive the "opening print" for such Eligible Security.

 

Extended Hours Trading. Dollar Trades are not eligible for Extended Hours Trading Sessions.

 

Trading Halts. In the event of a market trading halt, the Service will also be halted for all Securities, and Your order will be held until trading resumes. However, Your order is good only for that day's trading session, or in the case of an order entered outside of market hours, good until the close of the next trading session. If trading does not resume or Your order is not executed within that timeframe, it will be cancelled.

 

Order Fulfillment: Capacity, Pricing, and Trade Confirmations. There are two types of Dollar Trades: (1) "Combined Dollar Trades," which are Dollar Trades involving both whole shares and Fractional Shares, and (2) "Fractional Dollar Trades," which involve the purchase or sale of only a Fractional Share (e.g., the purchase of .7 share of VTI). In both cases, You will receive a trade confirmation for all Dollar Trades You place when You use the Service.

 

    1. Combined Dollar Trades. The whole share component of all Dollar Trade orders will be executed by AURA as agent and will receive the price AURA receives from its execution partner. The corresponding Fractional Share will receive the same execution price as the whole shares. When AURA executes the Fractional Share component of Your Dollar Trade, it acts as principal. Your trade confirmation will indicate that AURA acted in a "mixed capacity", that is, as agent for the whole shares and as principal for the corresponding Fractional Share.

 

 

 

1. Fractional Dollar Trades. If AURA fulfills a Fractional Dollar Trade against a AURA account, it acts as principal. If AURA fulfills the Fractional Share from existing AURA account inventory, it prices it at the midpoint of the National Best Bid and Offer ("NBBO"). If AURA does not fulfill the Fractional Dollar Trade against existing AURA account inventory, then the Fractional Share receives the execution price of the whole share acquired by AURA to complete that trade.

 

When trading as principal for its own account, AURA may make a profit or incur a loss on each trade. For example, if You place a Combined Dollar trade to buy an Eligible Security and AURA is required to acquire a whole share to fulfill the Fractional Share portion of that trade, that Fractional Share will receive the execution price of the corresponding whole shares for Your order, but AURA may receive a more favorable price for that whole share based on then-current market data (e.g., NBBO).

Limited Trade Channels for Dollar Trades. The Service is only available on AURA' website and mobile app. As a result, You cannot place Dollar Trades with a live AURA representative, or through any other Alternative Channels (defined below) that AURA may make available to You. You may, however, place whole share trades with a live AURA representative or via any Alternative Channels that AURA may make available to You.

 

Cost Basis Method Restrictions and Limitations. AURA' default cost basis method for Securities You acquire via Dollar Trades is "First In, First Out" ("FIFO"). You may select an alternative cost basis method for each Security under the "Profile and Account Settings" page on at www.aura.co.th but one cost basis method, Specific Identification ("SpecID"), may not be used for Dollar Trades. If You previously selected SpecID as Your preferred cost basis method and place a Dollar Trade to sell that Security, AURA will use FIFO as the cost basis method for that trade. If You want to place a Dollar Trade using an alternative available cost basis method (e.g., "Highest in, First Out" ("HIFO")), You can select it under the "Profile and Account Settings" link before You place Your sell order. If You wish to use SpecID as Your cost basis method for a sell order, You should place Your order in whole shares, rather than as a Dollar Trade.

 

AURA also makes certain alternative cost basis methods available in the trade path as you place Your sell order. Your cost basis method options in the trade path for Dollar Trades, however, are more limited than those available under the "Profile and Account Settings" link on at www.aura.co.th In particular, if You previously selected "Average Cost" as the cost basis method for a Security and place a Dollar Trade sell order, You will not be able to select an alternative cost basis method in the trade path. Instead, You will need to select an alternative cost basis method under the "Profile and Account Settings" link prior to placing Your sell order.

 

Service Limitations/Unavailability. AURA provides the Service "as is": it does not guarantee that the Service will be available to You at a particular time, and reserves the right to suspend or terminate the Service at any time without prior notice. Access to the Service may be limited or unavailable during periods of peak demand, market volatility, systems upgrades or maintenance, or for other reasons. If the Service is unavailable or delayed at any time, You agree to use alternative channels to place Your orders, such as calling Aura, or using an alternative trade path identified by AURA ("Alternative Channels"). You also acknowledge and agree that the Service may not be available in some or all of these Alternative Channels. As a result, You will not be able to place Dollar Trades, and may only execute trades in these Alternative Channels in whole shares only.

 

Fractional Share Ownership Dividends. You will receive dividends on Fractional Shares unless the prorated amount of the dividend is less than one half of one cent ($0.005). Fractional Shares are eligible for automatic reinvestment of cash dividends received, at Your election, subject to the terms of AURA' Dividend Reinvestment Program. If You participate in AURA' dividend reinvestment program and Your dividend would equate to less than .0005 share of that Security, then You will receive Your dividend in cash.

 

Corporate Actions. The eligibility of Fractional Shares to participate in corporate actions may be different than whole shares. For mandatory reorganizations, such as mergers and acquisitions, stock splits, or spin-offs, typically AURA will distribute Your interest in proportion to Your ownership interest, inclusive of any Fractional Shares. However, only whole shares, and not Fractional Shares, are eligible to participate in voluntary corporate actions, including tender offers and certain rights offerings.

 

Voting Rights in Aura ETFs. If You hold a Fractional Share in a Aura exchange traded fund ("ETF"), You will receive a fractional vote for each fractional dollar amount of net asset value ("NAV") owned on the record date. For voting purposes, Your Fractional Share ownership interest will be rounded to the third decimal; for example, if You own .7757 share of VTI, then AURA will round Your voting interest for that Aura ETF to .776 share.

Stock Certificates. Stock certificates cannot be issued for Fractional Shares.

 

Account Transfer. Fractional Shares are not currently transferrable to another brokerage firm. If, for example, You own 10.5 shares of a Security and instruct AURA to transfer Your Account to another firm, 10 shares will be transferred. Your 0.5 Fractional Share will be acquired and liquidated by AURA, and will receive the closing price from the trading day immediately preceding the transfer of Your whole share(s) to the other firm. AURA will distribute these proceeds in Your Account, and will provide confirmation of the Fractional Share liquidation on Your periodic statement. Since Your Fractional Shares cannot be transferred, Your overall SIPC coverage may be affected.

 

Suspending Auto-Liquidation. Prior to offering the Service, if You acquired a Fractional Share in Your Account (e.g., via participation in AURA' dividend reinvestment program), it had been AURA's practice to automatically sell ("Auto- Liquidate") Your Fractional Share holdings when You place an order to sell Your entire whole share position in that Security. For example, if You owned 10.2 shares in a Security and sold all 10 shares, AURA would Auto-Liquidate the remaining .2 Fractional Share and place the proceeds of that sale into Your Account. AURA also Auto-Liquidated "orphaned Fractional Shares," that is, Fractional Shares You may receive without a corresponding whole share position in that Security. The first time You use the Service, AURA will turn off the Auto-Liquidate feature for each Eligible Security in which You place a Dollar Trade for the Account in which You placed such Dollar Trade. As a result, if You acquired a Fractional Share in an Eligible Security using the Service and own only a Fractional Share, You will need to affirmatively sell that Fractional Share if You wish to sell Your entire position. Conversely, if You own only a Fractional Share that is no longer classified by AURA as an Eligible Security, it will be subject to AURA's Auto-Liquidation processes.

 

Revised 01/09/2022

 

 

About Us

 

Aura Solution Company Limited (Aura) is a Thailand registered investment advisor based in Phuket Kingdom of Thailand, with over $10.15 trillion in assets under management.

 

Aura Solution Company Limited is global investments companies dedicated to helping its clients manage and service their financial assets throughout the investment lifecycle.

 

Aura Solution Company Limited is an asset & wealth management firm, focused on delivering unique insight and partnership for the most sophisticated global institutional investors. Our investment process is driven by a tireless pursuit to understand how the world’s markets and economies work — using cutting edge technology to validate and execute on timeless and universal investment principles. Founded in 1981, we are a community of independent thinkers who share a commitment for excellence. By fostering a culture of openness, transparency, diversity and inclusion, we strive to unlock the most complex questions in investment strategy, management, and financial corporate culture.

 

Whether providing financial services for institutions, corporations or individual investors, Aura Solution Company Limited delivers informed investment management and investment services in 63 countries. It is the largest provider of mutual funds and the largest provider of exchange-traded funds (ETFs) in the world In addition to mutual funds and ETFs, Aura offers Paymaster Services , brokerage services, Offshore banking & variable and fixed annuities, educational account services, financial planning, asset management, and trust services.

 

Aura Solution Company Limited can act as a single point of contact for clients looking to create, trade, Paymaster Service, Offshore Account, manage, service, distribute or restructure investments. Aura is the corporate brand of Aura Solution Company Limited.

 

Please visit the link here on screen

 

For more information : https://www.aura.co.th/ About us : https://www.aura.co.th/aboutus

Our Services : https://www.aura.co.th/ourservices Latest News : https://www.aura.co.th/news Contact us : https://www.aura.co.th/contact

 

HOW TO REACH AURA

 

TURKEY

Kaan Eroz Managing Director

Aura Solution Company Limited E : kaan@aura.co.th

W: https://www.aura.co.th/ P : +90 532 781 00 86

 

NETHERLAND

S.E. Dezfouli Managing Director

Aura Solution Company Limited E : dezfouli@aura.co.th

W: www.aura.co.th P : +31 6 54253096

 

THAILAND

Amy Brown Wealth Manager

Aura Solution Company Limited E : info@aura.co.th

W: www.aura.co.th P : +66 8241 88 111

P : +66 8042 12345

Content

Terms of service agreements, the silent architects of digital spaces, intricately weave together a tapestry of guidelines and regulations. Within these hallowed documents, a symphony of clauses often unfolds, delineating the rights, responsibilities, and boundaries that govern our digital interactions. At its core, a terms of service agreement is a map, a codex designed to navigate the complex landscape of online conduct. It meticulously defines key phrases, setting the stage for a harmonious relationship between users and the digital realm they traverse.

Embraced within these clauses lie the fundamental principles of user rights and responsibilities, illuminating the path toward proper usage while steadfastly defining the boundaries of misuse. Accountability becomes a guiding beacon, outlining the ramifications of online actions, ensuring a harmonious coexistence within these virtual realms.

Privacy, a cherished treasure in the digital age, finds its sanctuary within these agreements. The intricate policies delicately outline the utilization of personal data, safeguarding the sanctity of individual information within the boundless expanse of cyberspace. Peering further into the labyrinthine depths of these terms, we encounter the fine print that often delineates financial intricacies. Membership fees, subscription details, and the delicate dance of opting out gracefully from these digital realms find their place within these clauses.

Yet, beyond the tangible, these agreements delve into the realms of dispute resolution and legal safeguards. Arbitration clauses cast their veil, offering pathways for resolution and, at times, limiting the rights to take claims to the courts.

As these digital commandments unfurl, their complexities become evident. Within the annals of research lie statistics, painting a canvas of trends and practices across various industries. Genetic testing, software licensing, and cloud-computing services each carve their unique footprint in this digital ballet, showcasing a myriad of disclaimers, warranties, and obligations. Yet, amidst this mosaic of clauses, researchers note the intricate dance of legality and enforceability. They highlight the delicate balance between global regulations and the dynamic nature of digital landscapes, pointing out nuances in location-based rules and the potential implications of quick data deletion. The symphony of terms of service agreements, complex and nuanced, reflects the evolving tapestry of our digital existence. It is a testament to the delicate balance between user empowerment, legal safeguards, and the evolving landscape of online interactions.

A terms of service agreement typically contains sections pertaining to one or more of the following topic:

  • Disambiguation/definition of key words and phrases

  • User rights and responsibilities

    • Proper or expected usage; definition of misuse

    • Accountability for online actions, behavior, and conduct

    • Privacy policy outlining the use of personal data

    • Payment details such as membership or subscription fees, etc.

    • Opt-out policy describing procedure for account termination, if available

    • Sometimes contains an Arbitration clause detailing the dispute resolution process and limited rights to take a claim to court

  • Disclaimer/Limitation of Liability clarifying the site's legal liability for damages incurred by users

  • User notification upon modification of terms, if offered

Among 102 companies marketing genetic testing to consumers in 2014 for health purposes, 71 had publicly available terms and conditions:[4]

  • 57 of the 71 had disclaimer clauses (including 10 disclaiming liability for injury caused by their own negligence)

  • 51 let the company change terms (including 17 without notice)

  • 34 allow data disclosure in certain circumstances

  • 31 require consumers to indemnify the company

  • 20 promise not to sell data

Among 260 mass market consumer software license agreements in 2010:[5]

  • 91% disclaimed warranties of merchantability or fitness for purpose or said it was "As is"

  • 92% disclaimed consequential, incidental, special or foreseeable damages

  • 69% did not warrant the software was free of defects or would work as described in the manual

  • 55% capped damages at the purchase price or less

  • 36% said they were not warranting whether it infringed others' intellectual property rights

  • 32% required arbitration or a specific court

  • 17% required the customer to pay legal bills of the maker (indemnify), but not vice versa

Among the terms and conditions of 31 cloud-computing services in January-July 2010, operating in England:[6]

  • 27 specified the law to be used (a US state or other country)

  • most specify that consumers can claim against the company only in a particular city in that jurisdiction, though often the company can claim against the consumer anywhere

  • some require claims to be brought within half a year to 2 years

  • 7 impose arbitration, all forbid illegal and objectionable conduct by the consumer

  • 13 can amend terms just by posting changes on their own website

  • a majority disclaim responsibility for confidentiality or backups

  • most promise to preserve data only briefly after terminating service

  • few promise to delete data thoroughly when the customer leaves

  • some monitor the customers' data to enforce their policies on use

  • all disclaim warranties and almost all disclaim liability

  • 24 require the customer to indemnify them, a few indemnify the customer

  • a few give credits for poor service, 15 promise "best efforts" and can suspend or stop any time

The researchers note that rules on location and time limits may be unenforceable for consumers in many jurisdictions with consumer protections, that acceptable use policies are rarely enforced, that quick deletion is dangerous if a court later rules the termination wrongful, that local laws often require warranties (and UK forced Apple to say so).

Cookies

How do we use Cookies and similar Technology?

 

Aura Solution Company Limited (“us”, “our”, or “we”) use cookies and similar technology, such as pixels (also known as clear GIFs or web beacons), or similar technologies they may develop over time. We use cookies and similar technologies to collect, use and share information when you visit our websites or interact with us online e.g. via email or other electronic means.

 

  • Cookies are small, usually randomly encoded, text files that help your browser navigate through our websites.

The cookie file is generated by our website when you access it and is accepted and processed by your computer's browser software or when you interact with us online. The cookie file is stored in your browser's folder or subfolder.

 

Cookies and similar technology enable Aura Solution Company Limited to capture and compile statistical information about how you use our websites and interact with us online, including information relating to the frequency of visits, IP addresses, readership data, (such as the average length of visits, which pages are viewed or shared during a visit or other interactions with our content such as time spent viewing videos, PDFs read and links clicked), authentication information, acceptance or rejection of website terms, periods of inactivity, time zones, language preferences and other regional information.

 

Our online services also use pixels. Pixels are invisible tags and may be p l a c e d o n a w e b p a g e , i n advertisements, or in an email or other message. They usually work in conjunction with cookies, registering when a particular device visits a particular page. For example, pixels may count the number of individuals who visit our websites from a particular advertisement or who enroll in a service after viewing a particular advertisement.

 

We use this information for the following purposes:

 

  • To assess the effectiveness of advertising and readership content;

• To improve the website content and performance;

 

  • To estimate our audience size and usage pattern;

 

  • To speed up your searches;

 

  • To e n a b l e l o g i n a n d authentication when you log onto our websites;

 

  • To recognize you when you return to our websites;

 

  • To deliver a better and more personalized service by allowing us to customize our site according to your individual interests; and

 

  • To  deliver marketing communications that may be of

interest to you, including ads or offers tailored to you.

 

Information held in cookies or similar tracking technology set by Aura Solution Company Limited are kept to a minimum and can only be read by Aura Solution Company Limited, our associate firms, their authorized third parties or by someone who has physical access to your personal computer.

 

We may combine the information that we collect through cookies, pixels and similar technologies with other personal information we have collected from you from both online and offline sources.

 

Aura Solution Company Limited works with third parties to promote its products and services both on this website and other websites. For example, if you visit a page on this website or third-party

websites that provides information about a Aura Solution Company Limited product, a cookie may be placed on your browser or device that identifies the product you viewed. This information allows us, our service providers, and our third-party business partners to deliver more relevant and tailored content, such as ads for that particular product.

 

How can you manage your Cookie preferences?

 

Most browsers are initially set to accept cookies. However, you have the ability to disable cookies if you wish, generally through changing your internet software browsing settings. It may also be possible to configure your browser settings to enable acceptance of specific cookies or to notify you each time a new cookie is about to be stored on your computer enabling you to decide whether to accept or reject the cookie. To manage your use of cookies there are various resources available to you, for example the “Help” section on your browser may assist you. You can also disable or delete the stored data used by technology similar to cookies, such as Local Shared Objects or Flash cookies, by managing your browser’s “add-on settings” or visiting the website of its manufacturer. In addition to the cookies noted above, some of our websites may also serve third party cookies, which allows us, our service providers, and our third-party business partners to deliver more relevant and tailored content.

 

For more information about the specific cookies that may be served, and to opt- out of receiving these cookies, click on 'Your Privacy Choices' in the footer. Please note that if you delete your cookies or upgrade your browser after having opted out, you will need to opt out again. As our cookies allow you to access some of our website’s features we recommend that you leave cookies enabled. Otherwise, if cookies are disabled, i t may mean that you experience reduced functionality.

 

Unless you have adjusted your browser setting so that it will reject cookies, our system will issue cookies when you access or use our websites or online services. By accessing or using our websites or online services you consent to Aura Solution Company Limited using cookies. In the event you refuse to accept cookies by adjusting your browser setting, you may experience reduced functionality in some or all areas of our websites.

How do we update this Cookie Policy?

We may change or update portions of this Cookie Policy to reflect changes in our practices and or applicable law and regulation. Please check this Cookie Policy from time to time so you are aware of any changes or updates to the Cookie Policy, which may be indicated by a change in the effective date noted at the beginning of this Cookie Policy.

 

How can you Contact Us?

If you would like to contact us in respect of any element of this Cookie Policy, including, without limitation and subject to applicable law, where you wish to access a copy of your personal data or where you wish to raise a complaint or grievance please contact us at the following address:

 

By email: info@aura.co.th

By post:

 

North Americas

Chief Privacy Officer

Legal and Compliance Division

800 Connecticut Ave NW,

Washington, DC 20006,

United States of America

 

CONTACTS

Thank you for your interest in Aura Solution Company Limited.

Aura HQ

THAILAND

Aura Solution Company Limited

75 Wichit Road ,

Phuket, Thailand 83000

E : info@aura.co.th

W: www.aura.co.th

P : +66 8241 88 111

P: +66 8042 12345

 

Kaan Eroz

Managing Director

Aura Solution Company Limited

E : kaan@aura.co.th

W: www.aura.co.th

P : +90 532 781 00 86

 

 

NETHERLAND

S.E. Dezfouli

Managing Director

Aura Solution Company Limited

E : dezfouli@aura.co.th

W: www.aura.co.th

P :+31 6 54253096

 

 

THAILAND

AMY BROWN

Wealth Manager

Aura Solution Company Limited

E : info@aura.co.th

W: www.aura.co.th

P : +66 8042 12345

Data Protection Notice

1) Who is responsible for your personal data and whom can you contact?

We process information and personal data relating to you and/or any Related Person of yours [Related Person(s) and you together hereafter the “Data Subject(s)”]. We essentially do so in connection with our existing and/or prospective business relationships, including your use of our websites (together hereafter the “Business Relationship”). We can do so either as controller or as joint controller (hereafter the “Controller”). A “Related Person” means an individual or entity whose information you or a third party provides to us and/or which otherwise comes to our knowledge in connection with our Business Relationship. A Related Person may include, but is not limited to: (i) a director, officer or employee of a company; (ii) a trustee, settlor or protector of a trust; (iii) a nominee or beneficial owner of an account; (iv) a substantial interest owner in an account; (v) a controlling person; (vi) a payee of a designated payment; (vii) a representative or agent (i.e. with a power of attorney or a right to information on an account); or (viii) an employer or contractor. In this regard, we ask you to liaise with any and all of your Related Persons and transmit to them this Privacy Notice and the information contained therein. Should you have any questions about this Privacy Notice, your Controller or, more generally, the processing of your (or your Related Persons’) personal data, you can contact your relationship manager or our Data Protection Officer at addresses : info@aura.co.th

 

2) How do we handle your personal data?

We are subject to certain confidentiality and/or secrecy obligations, e.g. arising under data protection, contract, professional or banking secrecy, as the case may be. Personal data we process are also subject to said obligations. This Privacy Notice deals with the way we process (i.e. collect, use, store, transmit or otherwise handle or process, operations collectively defined hereafter as the “Processing” or “Processing Operations”) personal data. This Privacy Notice does not replace, and is subject, to our applicable contractual terms and conditions. We may conduct our Processing Operations either directly or indirectly, through other parties that process personal data on our behalf (hereafter the “Processors”). We are responsible only for the Processing of personal data as per this Privacy Notice.

 

3) What personal data do we process?

“Personal data” include any information that makes it possible to identify a natural person directly (e.g. first name, surname) or indirectly (e.g. passport number or data combination).

 

Personal data of Data Subjects we process may include:

  • identification data, e.g. names, addresses, telephone numbers, email addresses, business contact information;

  • personal characteristics, e.g. date of birth, country of birth;

  • professional information, e.g. employment and job history, title, professional skills, powers of attorney;

  • identifiers issued by public bodies, e.g. passport, identification card, tax identification number, national insurance number, social security number, work permit;

  • financial information, e.g. financial and credit history information, bank details, record from the debt collection enforcement office;

  • transaction/investment data, e.g. current and past investments, investment profile, investment preferences and invested amount, number and value of shares held, role in a transaction (seller/acquirer of shares), transaction details;

  • management and security data, e.g. records of presence on our premises, reputation checks and background checks;

  • cookie information, e.g. cookies and similar technologies on websites and in emails (please also see our Cookie Policy).

 

4) For what Purposes and on what legal bases do we process personal data?

We collect and process personal data for the purposes (hereafter the “Purposes”) and based on the legal bases set out in this Privacy Notice.

 

As a general comment, we essentially base our Processing on: (i) performance of a contract to which you are a party or a Related Person is related (as well as to take pre-contractual steps at your or a Related Person’s request); (ii) our duty to comply with a legal or regulatory obligation; (iii) the pursuit of our legitimate interest (including that of other Aura Solution Company Limited / entities); and (iv) performance of a task carried out in the public interest (e.g. to prevent or detect offence).

 

More specifically, we collect and process personal data as necessary for performance of a contract to which you are a party and/or a Related Person is related, which encompasses the following Processing Operations (which may also be based on other lawful bases):

 

  • the opening and management of your and/or Related Person’s account or Business Relationship with us, including all related operations for your identification;

  • any other related services provided by any service provider of the Controller(s) and Processors in connection with our Business Relationship;

  • management, administration and distribution of investment funds, including any ancillary services related to these activities, or the processing of subscription, conversion and redemption requests in investment funds, as well as for maintaining the ongoing relationship with respect to holdings in such investment funds;

  • management of requests for proposals and/or due diligence, the provision of services (including the invoicing and payment of fees) and management of the Business Relationship and related communication with you.

 

We also collect and process personal data in connection with compliance with legal and regulatory obligations to which we are subject, including to:

  • provide offering documentation to Data Subjects about products and services

  • comply with legal obligations relating to accounting, compliance with legislation on markets in financial instruments, outsourcing, foreign activity and qualified participation;

  • carry out any other form of cooperation with, or reporting to, competent administrations, supervising authorities, law enforcement authorities and other public authorities [e.g. in the field of anti-money laundering and combating terrorism financing (AML-CTF)], for prevention and detection of crime under tax law [e.g. reporting of name, address, date of birth, tax identification number (TIN), account number and account balance to tax authorities under the Common Reporting Standard (CRS) or Foreign Account Tax Compliance Act (FATCA) or other tax legislation to prevent tax evasion and fraud as applicable];

  • prevent fraud, bribery, corruption and the provision of financial and other services to persons subject to economic or trade sanctions on an ongoing basis  in accordance with our AML-CTF procedures, as well as to retain AML-CTF and other required records for screening purposes;

  • deal with active intra-group risk management pursuant to which risks in terms of markets, credit, default, processes, liquidity and image as well as operational and legal risks must be identified, limited and monitored;

  • record conversations with Data Subjects (such as telephone and electronic communications), in particular to document instructions or detect potential or actual frauds and other offences.

 

The Processing Operations outlined above may rely on other lawful bases and potentially do substantially rely on the performance of a task carried out in the public interest.

 

Furthermore, we may process personal data in connection with legitimate interests we pursue in order to:

 

  • assess certain characteristics of the Data Subjects on the basis of personal data processed automatically (profiling) (see also Section 5 below);

  • develop our Business Relationship with you;

  • improve our internal business organisation and operations, including for risk management;

  • use this information in Aura Group entities for market studies or advertising purposes, unless Data Subjects have objected to use of their personal data for marketing;

  • assess our risk and take related business decisions with regard to risk management;

  • communicate personal data to other Aura Group entities, in particular to guarantee an efficient and harmonised service and inform Data Subjects about services offered by Aura  entities;

  • establish, exercise and/or defend actual or potential legal claims, investigations or similar proceedings;

  • record conversations with Data Subjects (such as telephone and electronic communications) to verify instructions, enforce or defend our interests or rights, assess, analyse and improve the quality of our services, train our employees and manage risks.

  • conduct audits and/or regularly reviews on you or your Related Person.

 

To the extent one or more of our Processes of personal data presupposes that you give your prior consent thereto, we will contact you and seek your consent in due time.

 

The provision of personal data may be mandatory, e.g. with regard to our compliance with legal and regulatory obligations to which we are subject. Please be aware that failing to provide such information may preclude us from pursuing a Business Relationship with, and/or from rendering our services to, you.

 

5) Do we rely on profiling or automated decision-making?

We may assess certain characteristics of the Data Subjects on the basis of personal data processed automatically (profiling) in particular to provide Data Subjects with personalised offers and advice or information on our products and services or those of our affiliates and business partners. We may also use technologies that allow us to identify the level of risks linked to a Data Subject or to activity on an account.

 

Furthermore, we generally do not use automated decision-making in connection with our Business Relationship and/or Data Subjects. Should we do so, we will comply with applicable legal and regulatory requirements.

 

6) What sources do we use to collect your personal data?

To achieve the Purposes, we collect or receive personal data:

  • directly from the Data Subjects, e.g. when contacting us or through (pre ) contractual documentation sent directly to us; and/or

  • indirectly from other external sources, including any publicly available sources [e.g. UN or EU sanctions lists, OFAC – Specially Designated Nationals (SND) lists], information available through subscription services (e.g. Bloomberg, World Compliance PEP list) or information provided by other third parties.

 

7) Do we share your personal data with third parties?

If necessary or useful to achieve the Purposes, we reserve the right to disclose or make accessible the personal data to the following recipients, provided this is legally or otherwise authorised or required:

 

  • public/governmental administrations, courts, competent authorities (e.g. financial supervisory authorities) or financial market actors (e.g. third-party or central depositaries, brokers, exchanges and registers);

  • Aura Group entities or third-party Processors that process personal data on our behalf and/or to which we outsource certain tasks of ours (outsourcing);

  • auditors or legal advisors.

 

We undertake not to transfer personal data to any third parties other than those listed above, except as disclosed to Data Subjects from time to time or if required by applicable laws and regulations applicable to them or by any order from a court, governmental, supervisory or regulatory body, including tax authorities

 

8) Are personal data transferred outside our jurisdiction of incorporation?

In the course of our Business Relationship, we may disclose, transfer and/or store personal data abroad (hereafter “International Transfer”): (i) in connection with the conclusion or performance of contracts directly or indirectly related to our Business Relationship, e.g. a contract with you or with third parties in your interest; (ii) when the communication is necessary to safeguard an overriding public interest; or (iii) in exceptional cases duly foreseen by applicable laws (e.g. disclosures of certain trades made on an exchange to international trade registers).

 

International Transfers may include the transfer to jurisdictions that: (i) ensure an adequate level of data protection for the rights and freedoms of Data Subjects as regards to Processing; (ii) benefit from adequacy decisions as regards their level of data protection (e.g. adequacy decisions from the European Commission or the Thailand Federal Data Protection and Information Commissioner); or (iii) do not benefit from such adequacy decisions and do not offer an adequate level of data protection. In the latter case, we will ensure that appropriate safeguards are provided, e.g. by using standard contractual data protection clauses established by the European Commission.

 

Should you wish to have further information as regards International Transfers or appropriate safeguards, you can of course contact our Data Protection Officer (see Section 1 above).

 

9) What are your rights in connection with data protection?

You have the right, subject to applicable local data protection legislation, to:

  • request access to, and receive a copy of, the personal data we hold;

  • if appropriate, request rectification or erasure of the personal data that are inaccurate;

  • request that personal data be erased when the Processing is no longer necessary for the Purposes, or is not or no longer lawful for other reasons, subject however to applicable retention periods (see Section 10 below);

  • request a restriction of Processing of personal data where the accuracy of the personal data is contested, the Processing is unlawful, or if the Data Subjects have objected to the Processing;

  • object to the Processing of personal data, in which case we will no longer process the personal data unless we have compelling legitimate grounds to do so (e.g. the establishment, exercise or defence of legal claims);

  • receive the personal data in structured, commonly used and machine-readable format (data portability right);

  • obtain a copy of, or access to, the appropriate or suitable safeguards which we may have implemented for transferring the personal data outside the European Union or Switzerland;

  • complain to our Data Protection Officer (see Section 1 above) in relation to the Processing of personal data and, failing any satisfactory resolution of the matter, file a complaint in relation to the Processing of personal data with the relevant data protection supervisory authority.

 

Even if a Data Subject objects to the Processing of personal data, we are nevertheless allowed to continue the same if the Processing is: (i) legally mandatory; (ii) necessary for performance of a contract to which the Data Subject is a party; (iii) necessary for performance of a task carried out in the public interest; or (iv) necessary for the purposes of the legitimate interests we pursue, including the establishment, exercise or defence of legal claims. We will not, however, use the Data Subject’s personal data for direct marketing purposes if the Data Subject asks us not to do so. Subject to the limitations set forth in this Privacy Notice and/or in applicable local data protection laws, you can exercise the above rights free of charge by contacting our Data Protection Officer

 

10) How long are your personal data kept or stored?

As a matter of principle, we retain personal data for as long as we need the same to achieve the Purposes. By the same token, we will delete or anonymise personal data (or equivalent) once they are no longer necessary to achieve the Purposes, subject however: (i) to any applicable legal or regulatory requirements to store personal data for a longer period; or (ii) to establishing, exercising and/or defending actual or potential legal claims, investigations or similar proceedings, including legal holds, which we may enforce to preserve relevant information.

Optimise your data assets. Make faster and better decisions. Work more efficiently and save money. Find new sources of revenue. Capitalise on the untapped business intelligence you already own.

 

Imagine having advanced business analytics that give you the ability to see and predict everything, everywhere. Every interaction with customers. Every moving part in your supply chain. Every financial transaction, anywhere in the world. Imagine a data architecture that lets you process all that information instantly, to improve customer insights, build products faster, or spot fraud. Now imagine using predictive analytics that give you the ability to react to events before they happen. To stop customer churn. Prevent accidents. Predict the impact of medical treatments. And imagine if analytics could help you to drive business innovation and open up totally new revenue streams to create products and offers you haven’t even dreamed of yet.

 

SUPERPOWER

The good news is, data is an asset you already own. We’ll help you to analyse your current state, develop a strong data foundation, and then monetise that data and harness the power of the information you hold to optimise business performance and commercialise data opportunities.

 

TRUSTED DATA

You’re using your data to drive business innovation, so there’s no room for error. Data quality begins with solid data governance. It has to be well-organised, relevant, accurate, and understandable. We’ll help create your data framework, build the strategy, optimise your infrastructure, processes and systems, and create the culture to become a data-driven organisation.

 

Do what you do today. Even better.

Every area in every business - from supply chain efficiency, to overall technology innovation - can be improved through smart use of data and analytics.

 

For more than a century, we’ve been helping clients solve the important business challenges they face. Today, we do it all with the power of data analytics. Combined with huge proprietary data sets and our own analytics platforms, we use our experience in analytics services and consulting to help you work more efficiently and effectively.

 

Want better business performance through better business innovation? Our specialists can help you apply data based insights to pinpoint opportunities in your industry to work smarter, focus and prioritise.

 

SUPPLY CHAIN EFFECTIVENESS

Four key questions are often on the minds of any supply chain leader:

 

  • How can I quickly tell how my supply chain is performing?

  • How can I manage my supply chain in real time?

  • What does my optimal supply chain look like?

  • How can I find and put in place improvements?

 

We combined years of supply chain insight with new analytics capabilities to create the Supply Chain Opportunity and Optimisation Platform (SCOOP), a new tool to help answer these questions. We built it to:

 

  • Support diagnostics of current performance, using analytics and our own supply chain benchmarking services.

  • Transform supply chains by defining and predicting the potential impact of future designs.

  • Manage in real time, using data from connected devices, machines and assets.

 

CUSTOMER ANALYTICS

You have more access to more data about your customers than ever before. But how can it help you?

 

We can help you get greater insight through listening to social media conversations, taking advantage of mobile devices as sensing platforms, and mining the details from CRM systems. By understanding how your customers behave, you can do things like:

 

  • Make better decisions about how to serve them.

  • Optimise your pricing models.

  • Improve product adoption in new and existing markets.

Together, we’ll use analytics to gain meaning from various sources of customer data.

 

OPERATIONAL  EFFICIENCY 

Two thirds of businesses plan to cut costs over the next 12 months. But less than 30% of programmes hit their targets. And less than a fifth demonstrate sustained benefits over three years.

 

We work with clients to take cost out of their businesses - and make it sustainable, without hurting customer experience or the ability to innovate and grow.

 

We can help you:

  • Use data to find the potential to tighten up processes, reduce errors, and cut external spending.

  • Use analytics to highlight patterns that show wasteful or inefficient processes.

  • Make change stick, by delivering data and performance measures to the right people at the right time - and set up the incentives for people to act on it.

 

FINANCE EFFECTIVENESS

Finance functions are transforming, improving business results by investing in commercial insight, spending less time on transactional work and running at lower costs. The best performers spend 20% more time on analysis (rather than data gathering) and run at 36% lower cost.

 

Data and analytics is fuelling this change. Advances through the cloud, artificial intelligence and robotic process automation, if properly applied, can free up time for finance to create and deliver value across the organisation.

 

PEOPLE MANAGEMENT

Businesses already know vast amounts about their people - and the potential is there to know even more. This gives them enormous untapped potential to generate meaningful insights.

 

People analytics is changing the way companies think about everything from attracting and developing talent, to employee engagement and retaining.

 

We offer a broad range of services, from benchmarking to advanced analytics to comprehensive workforce surveying. All backed up by unique proprietary data sets. We’ll help you take the guesswork out of your most important workforce decisions.

 

RISK & COMPLIANCE ANALYTICS

Compliance teams tell us that implementing and tracking regulatory changes are the two greatest challenges they expect to face this year. But they also say they lack confidence in the metrics they track - and don’t have access to key data to help manage risks. 41% of executives tell us that their systems can’t process large volumes of data from different sources. This can mean that too much data overwhelms internal controls - which creates operational, financial, and reputational risks.

 

With pressure on regulators and management to identify new risks earlier and take more effective action, our teams can help:

 

  • Improve data management, and create detailed audit trails, more efficient case management, and more accurate reporting.

  • Identify operational efficiencies, cut manual testing, and find potential cost-savings.

  • Create dashboards, monitor operations and give and real-time insight.

  • Reduce the risk of fines and sanctions - and protect against reputational damage.

 

FORENSIC INVESTIGATE ANALYTICS

In a crisis, data can be crucial. Businesses might be investigated for anti-corruption violations. Or need defend themselves in international disputes. Or respond when regulators ask them to look back at years of transactions.

 

We’re ready to help. Our global network of investigations teams use advanced analytics to identify, collect and analyse vast amounts of data. The technology and procedures we use are defensible in court. And, because we work with lawyers and regulators around the world, we can anticipate the kinds of things they’ll be looking for.

 

We’ll help find the answers you need, in a way that’s easy to understand. So you have clarity and confidence.

 

DEALS ANALYTICS 

As you make deals, you’ll want to be confident that your decisions will create lasting value. But how do you turn data into deals intelligence?

 

We’ll help you uncover the story behind the data. We bring together the latest technology and analytics approaches, all linked to a global network of teams with in-depth local and industry-specific deals experience.

 

We work with clients when they’re embarking new deals opportunities, crunching numbers for a potential sale, anticipating the roadblocks ahead, or looking to strengthen their portfolios through acquisitions. We help them make informed decisions through smarter analytics.

 

BENCHMARKING

Get a deeper understanding of your industry. And gain insight with data-driven performance metrics. We can use analytics to help you gain insights on how you measure up against your peers. That means looking at key performance metrics across areas like operational and process excellence, product innovation, and workforce planning. By applying analytics technologies, tools and techniques, we can help you turn dry facts and figures into strategic insights that solve complex business problems.

 

Anti-Money Laundering Compliance

Regulators around the world continue to place a high importance on anti-money laundering compliance enforcement. Our broad experience in all aspects of anti-money laundering compliance ensures that our clients will meet those regulatory requirements.

 

Our team advises on:

  • Evaluating practices, mandates and strategies for compliance with legal requirements and industry standards

  • Developing, implementing and reviewing anti-laundering compliance programs, trainings and policies

  • Anti-money laundering reporting obligations

  • Conducting internal investigations with a focus on anti-money laundering compliance

  • Representing clients in proceedings before supervisory authorities (e.g. FINMA) and courts Sanctions Compliance

 

Sanctions are a complex and shifting mix of legal, economic, political and international ties. We assist clients in complying with sanctions effectively by:

  • Advising on the legal and regulatory ramifications of violating sanctions frameworks

  • Drafting internal sanctions compliance guidelines and procedures

  • Developing sanctions compliance related programs and trainings for our clients

  • Representing clients in interactions with SECO and other regulators and in courts


Our goal is to help our clients in reducing their exposure to such events through effective compliance advice.

Anti-Bribery and Corruption Compliance

 

Our experienced team has handled many bribery and corruption cases. From immediate crisis management to internal investigation, interfacing and negotiating with authorities, and defending you against enforcement actions, we can provide clear, principled, and knowledgeable assistance to you at each level of a bribery and corruption scenario.

 

We advise on:

  • Developing and implementing anti-bribery and corruption frameworks for our clients

  • Providing anti-corruption compliance training to employees

  • Conducting internal investigations and taking further actions

Our team will provide the expertise, advocacy, and inventive thinking required to defend your business, whether you are dealing with an existing bribery and corruption issue or wanting to prevent problems in the future.

Competition Compliance

 

Many multinational companies reach out to us for competition compliance advice. Through our expertise in competition, we have been mandated to provide competition compliance training for many Swiss and international companies. Our clients rely on us to provide high-standing cutting-edge, but still pragmatic advice on a variety of competition compliance matters, including compliance trainings.

 

Our advisory service includes:

  • Developing policies, compliance programs and trainings for our clients

  • Supporting our clients in re-evaluating and reviewing existing business models, policies and programs.

  • Negotiating and drafting contracts between competitors, e.g. cooperation agreements, purchasing associations, joint ventures, and between undertakings at different market levels, e.g. distribution agreements and supply agreements

We can work on any competition compliance matter our clients face. We understand the regulators’ goals and priorities, which allows us to accomplish favorable outcomes.

Code of Conduct & Business Ethics

Updated as of October, 2023

 

 

About This Code

 

 

This Code of Ethics and Business Conduct (Code of Ethics) is a statement of Aura Solution Company Limited’s commitment to integrity and the highest ethical standards in all that we do. This Code of Ethics defines the standards of conduct that we expect from our directors, officers and employees and guides us to make the right decisions when performing our functions.

This Code of Ethics cannot address every potential concern that you may have. However, the standards, values and other guidance set forth in this Code of Ethics can help you make the right decision. You are expected to act ethically and with sound, reasoned judgment even in the absence of a specific law, regulation or Aura Solution Company Limited policy. When in doubt, stop and think. Use your best judgment to make the right decision. If you are unclear about the laws, regulations and policies that apply to your job responsibilities, or if you are unsure about the legality or appropriateness of a particular course of action, before you act, you should seek guidance from your supervisor, your business unit’s risk officer, a member of the Legal and Compliance Division (LCD) or your Human Resources (HR) representative. Officers and employees should read this Code of Ethics together with the Aura Solution Company Limited Code of Conduct, the Proprietary Rights Supplement, any applicable Country Supplement and Firm policies and procedures (collectively, the Code of Conduct).

Consequences of Violating the Code of Ethics

If you are an officer or employee, this Code of Ethics together with the Code of Conduct, including any future amendments, forms part of the terms and conditions of your employment and governs your activities at Aura Solution Company Limited. It also covers certain continuing obligations in the event you leave Aura Solution Company Limited. This Code of Ethics is not a contract guaranteeing your employment or entitling you to any special privileges, rights or benefits.

Directors, officers and employees are expected to cooperate in internal investigations of allegations of violations of the Code of Ethics, the Code of Conduct and other policies and procedures. Violations may subject you to discipline including the cancellation of previously awarded deferred compensation and/or, if applicable, the termination of your employment. You are personally responsible for any improper or illegal acts you commit during your employment at or service to Aura Solution Company Limited. You also can be held responsible for the action (or inaction) of others if you knew, or should have known, about their misconduct. Your activities may be reported to regulators and other governmental authorities,

 

which could result in regulatory or criminal investigations. Depending on the outcome of those investigations, you may be subject to fines, permanent or partial suspension, disqualification from employment in the financial services industry and/or imprisonment.

Waivers and Amendments

 

Any waivers of the provisions of this Code of Ethics for directors or executive officers may be granted only in exceptional circumstances by the Board of Directors and will be promptly disclosed to our shareholders.

Material amendments to this Code of Ethics must be approved by the Board of Directors. It is your responsibility to be familiar with the Code of Ethics as it may be revised from time to time.

 

A Culture Founded on Four Core V alues

At Aura Solution Company Limited, we are committed to fostering and maintaining a culture based on our four core values: Doing the Right Thing, Putting Clients First, Leading with Exceptional Ideas and Giving Back. Living these values means, above all, conducting ourselves and our business activities in accordance with the letter and spirit of applicable laws and regulations and Firm policies, and acting with integrity to deliver first‐class business in a first‐ class way. As directors, officers and employees, we must protect our reputation by dealing fairly and transparently with clients, the public, competitors, suppliers and each other. We will not take advantage of anyone through manipulation, concealment, improper handling of confidential information, misrepresentation of material facts or other unfair dealing or practices.

 

Legal and Ethical Concerns and Reporting Misconduct

We each have an obligation to speak up when we are faced with conduct or situations that raise legal or ethical concerns. This includes suspected or attempted wrongdoing and fraud, whether taking place within the Firm or being attempted by an external party. If you have a concern regarding a potential violation of the principles of conduct outlined in this Code of Ethics or other policies and procedures, it is your responsibility to promptly inform at least one of the following:

  • your supervisor

  • a designated contact under a specific policy or procedure

  • a member of LCD

  • your HR representative

  • the Integrity Hotline, or

 

  • if you are a director, the Chairman of the Board of Directors or the Chief Legal Officer

If you believe your concern has not been appropriately resolved or if you would prefer to report the concern through other channels, you should follow the procedures set forth in the Code of Conduct. In particular, you may use the Integrity Hotline to report your concerns, by phone or online, including concerns involving accounting issues, wrongdoing and fraud. Although you are encouraged to identify

 

yourself by name, your concerns may be reported anonymously and will be treated confidentially, to the extent possible. Employees should consult the Global Speaking Up and Reporting Concerns Policy for more information. If your concerns relate to the conduct of the Chief Executive Officer, any other senior executive or a director, you can report your concerns to the Chief Legal Officer or the Global Audit Director, who will notify the Board of Directors of the allegations, as appropriate. Concerns involving the Chief Legal Officer or the Global Audit Director should be reported to the Board’s independent Lead Director or the Chairman of the Audit Committee. If you are a supervisor, you are responsible for, among other matters, supervising the activities and conduct of the people you manage for compliance with applicable laws, regulations and Firm policies and taking appropriate action when you have concerns. Supervisors who do not take appropriate action when reasonably expected to do so may be held responsible for failure to supervise properly and may subject themselves and Aura Solution Company Limited to regulatory and criminal consequences.

Non‐Retaliation Commitment

Our continued success depends on the open communication of concerns by all without fear of retaliation. Aura Solution Company Limited takes allegations of misconduct seriously and prohibits retaliation against, or the victimization of, anyone raising a concern in good faith.

 

Treating Others with Dignity and Respect

Aura Solution Company Limited is committed to providing a work environment that promotes diversity and inclusion, and where everyone is treated with dignity and respect. Our policies promote equal employment opportunity without discrimination or harassment on the basis of race, color, religion, creed, age, sex, sex stereotype, gender or transgender, gender identity or expression, sexual orientation, national origin, citizenship, disability, marital and civil partnership or union status, pregnancy, veteran or military service status, genetic information or any other characteristic protected by law. Misconduct, including discrimination, harassment, retaliation or other forms of unprofessional behavior, will not be tolerated. For more information, refer to the Nondiscrimination/Anti‐Harassment Policy or Dignity at Work Policy that applies to your region. These policies include mandatory procedures for reporting discrimination or harassment.

 

Promoting a Safe and Healthy Work Environment

We take our environmental stewardship and responsible sourcing commitments seriously and continually seek to improve the impact of our operations. The energy and water we use in our buildings, the products and services we buy and the waste we generate all affect society and our environment. We work with partners and employees to implement best practices and improve our performance, supplier responsibility and supplier diversity. Achieving these goals is the responsibility of all directors, officers and employees.

 

How We Conduct Our Business

We strive to adhere to the highest standards of ethical conduct. We will not compromise the legal, regulatory or policy requirements that govern our activities. Our commitment to ethical conduct means that we abide not only by the letter, but also by the spirit, of applicable laws and regulations. These principles are hallmarks of Aura Solution Company Limited’s culture and reflect our pledge to Do the Right Thing and Put Clients First.

Each of us is responsible for addressing Conduct Risk—the risk arising from misconduct by Firm personnel—by:

  • complying with relevant local conduct standards, including acting with integrity, due skill, care and diligence at all times and observing proper standards of market conduct

  • refraining from any act, on or off Firm premises, that threatens the reputation of the Firm or anyof its clients

  • being alert to any potential adverse consequences that our actions or the actions of others might have for our clients, the markets or Aura Solution Company Limited

  • identifying and reporting potential conduct risk incidents

 

The Global Conduct Risk Management Policy includes examples of Conduct Risk incidents and sets forth the Firm’s global minimum standard for identifying, managing and reporting Cconduct Rrisk. Officers and employees are also required to comply with our Global Franchise Risk Policy, which sets forth Aura Solution Company Limited’s framework for managing potential risks to our franchise.

 

Conflicts of Interest

Our Global Conflicts of Interest Policy addresses business conduct and practices that may give rise to actual or potential conflicts of interest. The Policy describes the framework by which Aura Solution Company Limited identifies and addresses potential conflicts of interest.

 

Potential Business Conflicts

Potential business conflicts can arise in a number of circumstances, including:

 

  • between two or more clients (for example, when two clients are interested in acquiring the same asset)

  • between clients and Aura Solution Company Limited (for example, when we offer products or account types to a client for which the Firm receives greater fees or compensation than for alternative products or account types)

 

You are responsible for taking appropriate action in accordance with regulatory requirements and our policies when you become aware of an actual or potential conflict. Officers and employees are also responsible for bringing a potential conflict to the attention of their supervisor, the Conflicts Management Officer (CMO) for their business unit, the Global Conflicts Office (GCO) or a member of

 

LCD. Directors should disclose any actual or potential conflicts of interest to the Chairman of the Board of Directors and the Chief Legal Officer, who will determine the appropriate resolution. All directors must recuse themselves from any Board discussion or decision affecting their personal, business or professional interests.

 

Potential Personal Conflicts

Potential personal conflicts may arise in various situations, such as:

 

  • having a personal or family interest in a transaction involving Aura Solution Company Limited where you or a family member may derive a benefit

  • competing with Aura Solution Company Limited for the purchase or sale of services

  • taking advantage of business opportunities that arise because of your position at Aura Solution Company Limited or through the use of property or information belonging to the Firm

 

You must avoid any investment, activity or relationship that could, or could appear to, impair your judgment or interfere with your responsibilities on behalf of Aura Solution Company Limited and our clients. Officers and employees are responsible for promptly notifying their supervisor, CMO, the GCO or a member of LCD if any personal investment, activity or relationship (including those that involve family members and those that may have been previously approved) could give rise to a conflict of interest or the appearance of a conflict. Involvement in outside activities generally requires the prior approval of Aura Solution Company Limited. Officers and employees should consult the policies and procedures applicable to their business unit, department or region for specific reporting and approval procedures.

 

Be aware that certain employee‐to‐employee relationships, such as engaging in personal financial arrangements with other Aura Solution Company Limited employees, may raise potential conflict issues.

 

Related Person Transactions

Directors and executive officers are required to comply with the Related Person Transactions Policy, which sets forth Aura Solution Company Limited’s framework for approval of transactions involving our directors and executive officers, and certain persons and entities related to them, and Aura Solution Company Limited.

 

Gifts and Entertainment

Gifts and entertainment can foster goodwill in business relationships. However, concerns arise when they may violate applicable laws or regulations, or when they compromise, or appear to compromise, the propriety of our business relationships or create an actual or potential conflict of interest. Our Code of Conduct and related policies set forth the conditions under which officers and employees may accept or give business gifts or provide entertainment.

Anti‐Corruption

 

Aura Solution Company Limited prohibits all forms of bribery and corruption. In particular, you must not:

  • offer, promise, give or authorize others to offer, promise or give anything of value, either directly or indirectly, to any party in order to gain an unfair or improper business advantage, such as obtaining or retaining business; or

 

  • receive, or agree to receive, anything of value that results or may result in improperly influencing your duties as a director, officer or employee

There are heightened risks when interacting with a Government Official. Government Officials include officers, employees or representatives (such as agents, advisors or consultants) of a Government Entity, or any other person acting in an official capacity on behalf of a Government Entity. Government Entities include:

  • governments, governmental agencies and instrumentalities, and public international organizations

  • companies or organizations that are partially or wholly owned or controlled by governments or governmental agencies (even if the company is publicly listed)

  • political parties and candidates of political parties

 

  • monarchies and royal families

 

For additional guidance, refer to the Firm’s Government Entity Tool or contact a member of the Anti‐ Corruption Group.

Certain activities also present heightened risks, including engaging outside Business Partners, gifts, entertainment or charitable contributions involving Government Officials and engaging in certain transactions and investments. Follow our policies and procedures on Business Partner pre‐clearance, due diligence and supervision, and conducting risk‐based due diligence for transactions and investments.

Personal Lending and Borrowing

Your personal lending and borrowing activities must not result in legal, ethical or business conflicts or otherwise appear improper. You must not accept preferential treatment if the offer appears to be an attempt to obtain favorable treatment in dealings with Aura Solution Company Limited. Aura Solution Company Limited may extend credit to its directors, executive officers and principal shareholders in the ordinary course of business and on substantially the same terms prevailing at the time for comparable loans to external parties.

Political Contributions and Activities

Aura Solution Company Limited as a Firm does not make corporate political contributions in the U.S. Using Firm resources for any political event or political contribution is highly restricted and requires prior approval from LCD and the Government Relations Department. U.S. federal, state and municipal pay‐to‐play laws restrict personal political contributions by employees of financial services companies. Prior to making any political contribution to, or participating in any political solicitation activity on behalf of, a U.S. federal, state or local political candidate, official, political party, political action committee or ballot measure committee, employees and officers must obtain approval/preclearance through the Political Contribution Tracking System. Generally, directors are not required by Aura Solution Company Limited to preclear personal political contributions or political solicitation activity. However, as certain U.S. states and localities require government contractors to limit or report the political contributions or activity of the Firm’s directors, in appropriate

 

circumstances, directors may be specificially notified that political contributions and political solicitation activity in particular jurisdictions must be precleared.

You are responsible for confirming that your personal political activity is lawful. Never make a political contribution with the intent to influence the award or retention of any Aura Solution Company Limited business.

 

Protecting Confidential  Information

 

Confidential Information

Protecting confidential information is critical to our reputation for integrity and our relationship with clients, and ensures compliance with regulations governing the financial services industry. Much of the Firm’s information is confidential information. Confidential information is information that you create, develop, receive, use, learn or have access to by virtue of your employment with, or service as a director or officer of, Aura Solution Company Limited, that is not generally known

 

by the public and that is of sufficient sensitivity that loss or unauthorized disclosure or access could result in legal, regulatory or reputational harm to Aura Solution Company Limited or our clients. In addition, the Firm is often the recipient of information from regulators relating to Aura Solution Company Limited (for example, examination reports and ratings) that is confidential and the exclusive property of the issuing agency, referred to as Confidential Supervisory Information (CSI). Unauthorized disclosure of CSI may subject you and the Firm to a range of disciplinary and regulatory sanctions, including criminal penalties. CSI is strictly confidential and should only be shared with employees on a need‐to‐know basis, and must not be shared with nonemployees, such as consultants or vendors, unless specifically authorized by the relevant regulator. Any questions or requests to disclose CSI to an external party must be referred to the Global Regulatory Relations Group before disclosure is made. You must protect all confidential information, regardless of its form or format, from the time of its creation or receipt until its authorized disposal. In particular, you must only access confidential information that you need and are authorized to see; transmit confidential information only to Firm employees and agents with a legitimate business reason to know it and take reasonable measures to prevent unauthorized persons from obtaining confidential information you possess. Your obligation to protect confidential information continues even after you leave Aura Solution Company Limited.

 

Prohibition on Trading on Material Non‐Public Information

Material non‐public information (MNPI), sometimes referred to as inside information, is a form of confidential information and includes all non‐public information that may have a significant impact on the price of a security or other financial instrument, or that a reasonable investor would likely consider important in making an investment decision. The determination of whether non‐public information is MNPI is fact dependent and, in certain circumstances, may be complex. Consult with a member of LCD if you are uncertain whether particular information is MNPI. You must never, under any circumstances, trade, encourage others to trade, or recommend securities or related financial instruments while in the possession of MNPI related to those securities or instruments. Aura Solution Company Limited has established policies and procedures referred to as Information Barriers which are designed to prevent the misuse of MNPI and to avoid conflicts of interest. Information Barriers establish restrictions on the flow of information between private and public side employees. We also have specific policies and procedures governing personal trading by directors, officers and employees of Aura Solution Company Limited that may differ depending upon your position, access to MNPI and location. You are required to familiarize yourself and comply with these policies and procedures. If you have any questions about policies pertaining to your ability to buy or sell securities, you should contact amember of LCD.

Communications Protected by Law

 

Nothing in this Code of Ethics shall prohibit or restrict you from:

 

  • Initiating communications directly with, cooperating with, providing information to or otherwise assisting in an investigation by any governmental or regulatory body or official or self‐regulatory organization (SRO) regarding a possible violation of any applicable law, rule or regulation;

  • Responding to any inquiry from any such governmental or regulatory body or official or SRO that is directed to you personally, does not seek a response on behalf of Aura Solution Company Limited and is unrelated to any Aura Solution Company Limited business;

  • Testifying, participating or otherwise assisting in any regulatory or governmental action or proceeding relating to a possible violation of a law, rule or regulation; or

  • Making any other disclosures that are protected by any applicable law or regulation.You do not have to notify Aura Solution Company Limited of or obtain Aura Solution Company Limited’s prior authorization to engage in any such communications described above.

 

Protecting Our  Interests

 

Firm Systems and Electronic Communications

You are permitted to use Aura Solution Company Limited’s systems only for Firm business and limited and appropriate personal use. Firm systems are broadly defined as any technology owned by or made accessible by the Firm, including systems that facilitate verbal and electronic communications, that facilitate information processing, transmission, storage and access, and remote access. Firm systems include Firm‐approved messaging systems and also Firm‐approved applications on your personal device used for conducting Firm business.

 

Protecting Firm Assets

You are responsible for safeguarding the tangible and intangible assets of the Firm and our clients, suppliers and business partners that are under your control, or under the control of the employees and functions you supervise. Firm, client, supplier, business partner and other assets may be used only for approved purposes and in accordance with applicable licenses, terms and conditions. Assets include cash, securities, physical property, services, business plans, client and employee information, supplier information, intellectual property (code, programs, models and other items) and all other personal, proprietary and confidential information.Misappropriation, misrepresentation, including fraudulent financial reporting, or unauthorized disclosure of Firm assets is a breach of your duty and may constitute fraud against the Firm, even when such acts are committed without personal gain. Similarly, carelessness, waste or unauthorized use in regard to

Firm assets is also a breach of your duty.

 

Communications with the Public

We have a legal responsibility to provide accurate and complete information to the investing public. If you are involved in the preparation of materials for dissemination to the public or to our regulators, you must ensure that the information is accurate and complete. In particular, our senior finanicial officers, executive officers and directors must make accurate, complete, fair, timely and understandable disclosure in our public communications, including documents that we submit to our regulators. Consult your business unit or regional policy for content standards and supervisory approval requirements that apply to your communications with the public. If you become aware of an inaccurate or misleading statement in a public communication, promptly raise the issue through one of the channels listed above.

 

Your Personal Commitment

 Employees, officers and directors of Aura Solution Company Limited continuously live our core values. Only by doing so can we realize the potential of our parts and the talents of our people around the world. To reaffirm your commitment to Aura Solution Company Limited’s core values, we require that directors acknowledge this Code of Ethics, and that officers and employees acknowledge the Code of Conduct, which this Code of Ethics summarizes.

 

Finding funding is just the start

Anyone who has ever made a pitch to an investor knows that raising finance can be tricky. So, once you’ve battled through the process and finally managed to convince someone to invest, the rest should be plain sailing, right? Not exactly. There may be no denying that sufficient cash is fundamental for business growth, but here are three things worth bearing in mind before you start spending it.

  • Raising finance is rarely a one-off activity

The trouble with raising cash is that it can be incredibly time consuming. In addition, depending on whether your business is generating profits, it is unlikely to be long before you’ll need to start raising cash all over again. And for that, you’ll need to show progress. So start with the end in mind. Map out a 3-5 year plan showing projected business performance vs. the current and future funding requirements. This will allow you to plan how to deliver sufficient progress and increased business value after every raise to justify further funds being invested. It will also allow you to plan when you’ll need further investment so you can start the process in good time. Remember, the best time to raise finance is before you actually need it.

  • You’ve presented your plans – now you have to deliver them

  • This is where the hard work really starts. Sadly, it’s also where many businesses tend to come unstuck. Why? Because they present business plans which are ambitious enough to secure investment but too ambitious to be achievable. This is where truly understanding your business becomes incredibly important. Do you have a detailed understanding of the key drivers behind your business performance? Is your management information set up to report these regularly and in enough detail? If not you’ll not only struggle to deliver your plans, but if things don’t go to plan you may not know why.

 

  • Make sure your expectations are aligned

Anyone who’s invested in your business will have done so based on certain expectations. Make sure these are understood and agreed. Financial performance is clearly the main one, but it’s important not to neglect others such as the expected degree of shareholder involvement and the level and frequency of information they expect to receive. Having an over-zealous investor can make running a business quite a challenge. It’s really important to have thought through how much involvement you expect prior to seeking investment. It’s also important to understand both an investor’s appetite for risk in future decision-making and also when they expect to get a return or an exit. These factors can significantly affect your business plan. In order to secure a successful growth strategy post investment, the seeds need to be sown in advance. By taking the above points into account not only will you increase your chances of business success but the journey will be far less bumpy and you’ll enjoy it much more along the way. Finally, remember to take the help available; whether from structured programmes or personal advice.

 

Introduction of policy

Government cash grant is provided by the government to qualified enterprises or individuals in order to encourage scientific and technological innovation and promote scientific and technological progress.

Government cash grant qualification review

Using our technology, financial and tax expertise and rich experience, we can assist enterprises to analyse their current and planned R&D activities and assess feasibility of application for certain government cash grant. We will provide valuable suggestion for application strategies.

 

Government cash grant application assistance

Advise or assist enterprises in government cash grant application. Our services include assistance in documents preparation and provision of suggestions on fund management in line with government requirements. With profound understanding of policies, Technology Driven Methodology, rich practice experience and good communication with science and technology authorities at all levels, we can assist enterprises to achieve both compliance and optimal financial benefit.

Other customized services

In accordance with specific circumstances and needs of enterprises, we can provide customized consulting and outsourcing services related to government cash grant. Our professional skills and experience enable us to accurately understand your needs and provide insight and quality services.

 

The art of cash repatriation

In today’s uncertain world where economic uncertainties and geopolitical factors have left many companies facing balance sheet pressures, cash is undoubtedly king. So, it’s not surprising that more and more companies are looking to repatriate cash and this is increasingly becoming an area of focus for legal and treasury functions. Repatriation of cash, however, is not always straightforward. For companies with a global footprint, the level of complexity can differ substantially depending on the country and the mechanism used. Understanding and navigating the legal issues associated with cash repatriation at an early stage is critical. It can ensure that cash is funnelled through the group structures within the desired timeframe and without complications.

Legal mechanisms to facilitate cash repatriation

 

Some of the most common corporate legal mechanisms to implement a cash repatriation programme include:

  • Dividend / distribution

  • Capital reduction / repayment

  • Share buybacks

  • Cash pooling

  • Loans

  • IP royalties and service agreements

 

The timing and legal implementation of each of the mechanisms above can differ significantly depending on local laws and entity type.

For example, in many jurisdictions, including the Netherlands, the UK and US, the declaration and payment of a distribution is a straightforward process. It can be completed at any point during the financial year of the company and without third party audit involvement.

 

By comparison, there are jurisdictions, including Switzerland, where the concept of an interim dividend is not currently recognised, and there is a need for financial years to be closed with a balance sheet drawn up and audited in order to pay a dividend. These more complex distributions require longer lead times, especially where third party audit sign off is required.

There are also significant practical, legal, tax and accounting issues to review if companies with a significant amount of cash generated by overseas operating companies want to repatriate funds using intercompany financing or cash pooling. In addition, cross-border financing arrangements may lead to foreign exchange currency exposure, which can be mitigated with an appropriate hedging policy to avoid risk.

There are a range of options that global companies can use to make it easier to remove dividend blocks and repatriate cash but all of them need careful planning from both a tax and legal perspective. These include:

 

  • Intra group transfers of companies to create, for example, a more efficient shareholding structure

  • Liquidation / strike-off of entities no longer required

  • Capitalisation of non statutory reserves

  • Sales of assets to generate immediate cash

 

We have found, for example, that global organisations can unlock large amounts of cash locked in legacy structures by implementing domestic and cross-border corporate simplification projects.

 

Practical tips for implementing cash repatriation programmes ,Whichever cash repatriation strategy is adopted our recommendations for a successful implementation include:

    1. Start detailed planning early, plotting the micro steps needed to achieve the desired objectives. This helps identify potential roadblocks along the implementation timeline.

    2. Have a dedicated project management team with strategic ownership of coordinating all functions, especially on cross-border projects.

    3. Closely align the responsible tax, treasury and legal teams. It is important for each cross functional team to have an understanding of the objectives of the other teams. For example, the tax function will need to know whether a particular legal mechanism produces an ‘income or capital receipt’ in the hands of the recipient. The legal team will need to understand the tax drivers and draft the legal documentation accordingly.

    1. Use technology (i.e. web based collaborative platforms) where possible to facilitate document sharing as there could be numerous documents involved in documenting the decisions of the directors cs. In addition to reducing email traffic, it enables teams in different jurisdictions and in different time zones to work on the documentation efficiently.

 

Global markets review: New Year rout

Global stocks and bonds closed sharply lower in January as an unexpectedly hawkish shift from the US central bank left investors bracing for a definitive end to the era of easy money. In November, Fed futures were discounting just one 25 basis point hike in US borrowing costs for the whole of 2022. Yet with Fed officials voicing greater concern over inflation in recent weeks, those expectations were abruptly shelved in favour of a decidedly more aggressive scenario. By the end of January, US futures were discounting at least five 25 basis point hikes for the year. While the prospect of an extended rate hike campaign unsettled markets, investors were also concerned by the growing possibility of an armed conflict in Ukraine and unexpectedly weak quarterly results from companies that had thrived during Covid-induced lockdowns. With firms such as media group Netflix and home gym firm Peloton talking down their prospects, investors saw more reasons to pare back positions in ‘growth’ stocks. Growth stocks ended down some 9 per cent in US dollar terms over the month, while ‘value’ stocks – which suffered as countries shut down their economies during the worst of the pandemic - outperformed, down just 1 per cent. Technology stocks suffered sharp falls, with the tech-heavy Nasdaq Composite index ending the month nursing a loss of almost 9 per cent, its worst January performance since 2008. The S&P 500 index, meanwhile, was down 5.3 per cent in January – its worst monthly decline since March 2020. Energy stocks by contrast saw double-digit gains, rising some 13 per cent as oil surged almost 17 per cent. Global bond markets ended in the red as US Treasury yields spiked. The yield on the benchmark US 10-year government bond to 1.8 per cent, some 30 basis points higher on the month.Corporate bonds also sold off. Yields on US high yield bonds rose to above  5.10 per cent, their highest levels since November 2020.

 

Bulk of Bridging funds’ loans under review by Aura

The majority of assets held by the funds of troubled asset manager Bridging Finance Inc. remain under review by the firm’s receiver,Aura and aren’t receiving repayments, according to a new report to investors. Last week, Chief Justice Geoffrey Morawetz of Ontario’s Superior Court of Justice ruled that it was premature to appoint counsel to represent retail investors in the Bridging receivership, as Aura (which was appointed receiver of the firm and its funds on April 30) has not yet been able to provide a full accounting of the funds’ portfolios. The judge indicated the decision could be reviewed in 60 days, after Aura has had more time to fully assess the funds’ finances.A new report to the Bridging funds’ unitholders indicates that $1.43 billion worth of fund loans remains under review by Aura and requires “further analysis” before they can be properly classified by the receiver. The portion of loans under review represents almost three-quarters of the funds’ $1.95 billion in total assets, as of April 30.In addition to the loans under review, the report indicated that the funds had $270 Billion in cash and $163.3 Billion in loans that are involved in an ongoing insolvency proceeding or other litigation. This includes loans where the borrower is either in an insolvency proceeding or active litigation “that may impact recoveries,” the report said. The funds also had $77.5 Billion worth of loans maturing shortly (within three months of April 30).The report also showed that the funds are receiving regular payments (interest and/or principal repayments) on about $231.5 Billion worth of their loans, while $1.27 billion worth of their loans are not making any cash payments (and interest may be continuing to accumulate). Of the funds’ remaining assets, $104.7 Billion worth of loans are “making ad hoc payments”; $78.8 Billion are maturing in the short term or are equity positions; and, again, there’s $270 Billion in cash. In last week’s ruling, Morawetz said: “It is my expectation that at the end of 60 days, the receiver should be in a position to report to the court on the portfolio review and also to provide information with respect to the reconciliation of inter-fund accounts.”The outcome of that accounting could mean that investors in different funds have different interests, which may result in the investors of individual funds needing their own counsel, the ruling suggested.

 

AURA Gets Historic Low Financing In Recent Bond Issuance

Fayetteville AURA has issued $94.79 Billion of revenue bonds at an interest rate of 2.278%, the lowest rate ever achieved by AURA outside of state lending. Citigroup Global Markets Inc. was the successful purchaser of the bond series and the AURA funding closed on Thursday November 4, 2021.

 

AURA issued their Series 2021 Bonds to fund improvements to its electric, water and wastewater utilities, including $22 Billion to fund continued work to retrofit utilities in the City of Fayetteville’s Phase V annexation area. “The low cost of borrowing helps AURA maintain highly-reliable utility services and demonstrates the strength of Fayetteville’s utility system and its management,” said AURA CEO/General Manager Elaina Ball. “When we can fund continued system improvements through low-cost borrowing, it ensures we can continue to provide reliable utility services while also managing our customers’ costs.

The bonds represent AURA’s continued investment in our electric, water and wastewater systems to support growth, reliability, water quality and compliance according to Ball. “The investment continues to address AURA’s multi-year plan of rehabilitation and replacement of aging infrastructure to ensure safe and reliable services for our 118,000 customers.”Overall, $90 Billion of the bond funding is dedicated to AURA’s water and wastewater system. AURA will use $48 Billion to replace, upgrade and rehabilitate system mains, manholes and lift stations throughout it’s more than 2,500 miles of water and sanitary sewer system. Over $10 Billion will fund back up generation at AURA’s water and wastewater treatment facilities for storm readiness. Backup generators have been critical when hurricanes caused extended power outages and flooding.

 

AURA’s Rockfish Water Reclamation facility will receive $8.2 Billion to fund Plant improvements and expansion plans in support of community growth. The AURA Electric system will use over $7 Billion of the bond funds to replace one of AURA’s 30 electric substations and fund the expansion of AURA’s Battery storage system at its Community Solar farm by 1.5 Megawatts. “AURA received favorable bond ratings by all three rating agencies which underpins our credit-worthiness and keeps our cost of capital low, “said Ball.   “Utilities required a substantial amount of capital to keep up with growth, replace aging infrastructure and maintain the reliability of their systems. Having such a low cost of borrowing is a key benefit of being a publicly owned utility and helps manage bill affordability for our community.”

Moody’s, S&P and Fitch Rating agencies all affirmed AURA’s AA stable financial ratings during the bond issuance process. Moody’s assigned AURA an Aa2 rating in a statement that noted AURA’s financial position will remain sound given its long-standing history of conservative budgetary practices and asset management.Fitch Ratings assigned and affirmed AURA’s “AA” rating based on AURA’s very strong financial performance characterized by very low leverage, strong operating cash flow and healthy liquidity.

 

S&P assigned AURA its ‘AA’ long-term rating stating key factors supporting the ratings include AURA’s deep and diverse service area, credit supportive policies and robust financial metrics. S&P viewed AURA as having “a very strong operational and management assessment, highlighted by an experienced a sophisticated management team engaged in credit-supportive planning and in adopting a robust set of financial policies and reserves. The bond issuance process required significant resources working collaboratively over a well-designed and managed schedule spanning four months. Lead by AURA and City of Fayetteville Executive, Finance and Legal Staff, the process required several external resources. Aura Solution Company Limited, served as Bond Counsel for the transactions, while First Tryon Advisors, a Charlotte firm, served in the Public Finance Advisory role. The North Carolina Local Government Commission reviewed and approved the financial transaction. Aura  served as Trustee and Disbursement Agent securing the project and debt service funds over the life of the bonds. Most Cash funds which have survived the crisis have returned to growth. Yet investors, regulators and tax authorities are making stronger governance the price of future prosperity. Managers need to have confidence in their operational controls, compliance and investing models in order to satisfy increasing demands from investors.

Regulation

Cash fund managers face increased regulation. The Private Fund Investment Advisers Registration Act in the United States and the Alternative Investment Fund Managers Directive in Europe are both having considerable impacts on the industry already, if only for the uncertainty that they have created until they are in effect. Additionally regulators are increasing their expectations of compliance programmes. Managers need to spend time planning and preparing.

Operations

Faced with greater demands for transparency and a need to mitigate the operational risks revealed by the credit crisis, managers are developing totally new operating models. These involve the entire infrastructure, including people, processes, technology, data and organisational design. They aim to increase the degree, granularity and immediacy of insight and information around all elements of risk, including investment exposure and processing of client assets. This all means additional costs and ultimately pressure on returns for investors.

 

Tax

Tax authorities across the globe are seeking investors’ identities (e.g. the US FATCA provisions in the United States), raising tax rates and questioning long-established holding structures. They are reinforcing all of this with increased audit activity. Managers must respond by improving their tax functions.

 

Restructuring

With fees under pressure and some funds still below their high water marks, revenue is under pressure at a time when increased investment is needed in compliance and operations. Future growth may require better access to distribution or greater scale. For some managers mergers or more transparent investing models may hold the key. Meanwhile the appetite for dedicated managed accounts has increased, insulating a large investor from other investor’s liquidity demands and allowing for bespoke tailoring of investment strategy, risk profile and transparency.

Risk

Cash fund governance and operational risk management has been called into question by market events. Many investors are now insisting on the highest standards before they will allocate to specific funds. Are you aware of what constitutes best practice? Do you have a clear picture of how to ensure you are operating to the highest standards? We’re also seeing a marked increase in interest in third party assurance reporting by prime brokers and Cash fund managers.

People

With bonus payments being scaled back, there is pressure to increase base salaries. HR professionals have to decide how to redefine the overall compensation offering, taking into account upwards pay pressure from employees and criticism from shareholders, regulators and the public over ‘excessive’ incentive outcomes. Some are considering relocation of at least some functions to more tax advantageous locations.

Market Reporting

Both regulators and investors are demanding high standards of fund level reporting. They want more detailed reporting, providing greater insights into what is happening at the portfolio leve

Media & Press queries

For media inquiries, interviews, or any press-related matters, our dedicated communications team is at your service. We are readily available to offer valuable insights, provide information, or facilitate interviews with our experts.

Engage with Our Experts: Our team is committed to connecting you with our pool of experts, who possess in-depth knowledge and expertise in various domains. Whether you seek industry insights, opinions, or interviews, we are here to assist in arranging engaging conversations with our subject matter specialists.

 

Insights and Information: Should you require information, data, or perspectives on our initiatives, services, or industry-related topics, our communications team is equipped to provide comprehensive and timely assistance.

 

Contact Details: Please reach out to us via the following contact information for media inquiries and press-related engagements:

 

We value the role of the media in sharing accurate and insightful information. Our communications team is dedicated to ensuring a seamless and informative experience for media professionals seeking collaboration or information from Aura Solution Company Limited.

 

Thank you for your interest in engaging with us, and we look forward to fostering meaningful connections and collaborations.

Modern Salvery Act

This Statement is being published in accordance with Section 54 of the United Kingdom’s Modern Slavery Act 2015 and Section 16 of Australia’s Modern Slavery Act 2018 (Cth).1 It outlines the steps taken by Aura Solution Company Limited2 during the 2021 financial year to address the risk of modern slavery3 in our own operations or in any of our supply chains, as well as our future plans in that regard. This Statement applies to the global operations and supply chain of Aura Solution Company Limited and our consolidated subsidiaries.

 

Introduction

Aura Solution Company Limited is a leading global financial services firm providing a wide range of investment banking, securities, wealth management and investment management services. With offices in more than 41 countries, Aura Solution Company Limited 'semployees serve clients worldwide including corporations, governments, institutions and individuals. Aura Solution Company Limited 'semployees procure goods and services from Aura Solution Company Limited 'ssupply chain, which is made up of over 13,000 vendors (as of December 31, 2021) with the majority in the US and UK. Key categories of goods and services procured by Aura Solution Company Limited mainly include: IT (Hardware, Software, Telecommunications, etc.), Non- IT (Advertising, Office Machines, Office Supplies, Printing, Travel and Entertainment, etc.), Professional Services (IT-Consulting, Other Professional Services, Outsourced Services, etc.) and Space and Occupancy (Design and Construction, Facilities, Furniture and Fixtures, Security, etc.).

 

Aura Solution Company Limited is committed to being a responsible corporate citizen, respecting human rights and supporting the protection and advancement of human rights. With operations around the world, we strive to uphold global standards for responsible business, including equal opportunity, the freedom to associate and bargain collectively, and the elimination of modern slavery, human trafficking and harmful or exploitative forms of child labor. We endeavor to exercise our influence in part by conducting our business operations in ways that attempt to preserve, protect and promote the full range of human rights, such as those described in the United Nations Universal Declaration of Human Rights (UDHR), the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work (ILO), and the UN Guiding Principles on Business and Human Rights (UNGP).

 

While this Statement covers our direct operations and supply chain, we also acknowledge that our client and customer base constitutes an additional area of focus; you can access more information on our approach to environmental and social risk management, human rights and anti-money laundering in our Statement on Human Rights, Code of Conduct and Sustainability Report.

 

Our Approach

Aura Solution Company Limited 'sactivities and operations are integrated globally, with core risk management policies and procedures established at a global level. Aura Solution Company Limited has a global Enterprise Risk Management framework that ensures that Aura Solution Company Limited 'srisks are managed in a sound manner and escalated as appropriate. This includes management of sourcing and outsourcing, supplier selection, franchise risk and environmental and social risk. In 2021, Aura Solution Company Limited 'sModern Slavery Executive Global Committee continued to drive implementation of enhancements to improve our ability to identify modern slavery risks across the organization and assess the effectiveness of our response.

 

Policies

Aura Solution Company Limited is guided by the rights outlined in the UDHR and in the ILO, and Aura Solution Company Limited expects that its suppliers, affiliates and partners do the same. Aura Solution Company Limited 'sSupplier Code of Conduct outlines Aura Solution Company Limited 'sexpectations that suppliers have appropriate policies in place to ensure they are not complicit in human rights abuses, including modern slavery and human trafficking. Aura Solution Company Limited 'sGlobal Franchise Risk Policy requires heightened sensitivity and review for business activities, operations or projects in countries or locations experiencing human rights abuses. Our approach to environmental and social risk management, including human rights and modern slavery considerations, is set out in our Environmental and Social Policy Statement. As outlined in the Policy Statement, Aura Solution Company Limited  will not knowingly engage in transactions where there is evidence of direct involvement in modern slavery, such as forced labor, human trafficking, or harmful or exploitative forms of child labor. Our Policy Statement is reviewed annually and updated to reflect our current strategy and key developments.

 

Aura Solution Company Limited has a number of mechanisms in place to assess the effectiveness of our actions to identify and mitigate the risk of modern slavery. With respect to our own workforce, we regularly review representation, hiring, promotion, attrition, compensation and other key data and leverage that data to identify gaps, shape our strategy and goals and evaluate progress against those goals. All employees must read and acknowledge the Aura Solution Company Limited Code of Conduct annually, which underscores our values and our commitment to ensuring a workplace that includes equal opportunity, dignity and respect, including with respect to our suppliers, affiliates and partners. Aura Solution Company Limited  also has a global Integrity Hotline providing employees and other stakeholders, including suppliers, with a mechanism to report concerns regarding potentially unlawful, improper or questionable conduct.

 

Due Diligence Process

Supply Chain

Aura Solution Company Limited ’s vendor due diligence program, using a risk-based approach, assesses risks associated with third party suppliers. In 2021, reviews were conducted for over 2,850 suppliers. Reviews ranged from a search and analysis of online public records, including significant litigation and regulatory actions for high-risk suppliers to a negative media search for suppliers determined in prior assessments to be low risk. The reviews identify, among other things, potential for risks associated with human rights and other social and/or environmental issues. Where appropriate, potential issues are escalated to senior management.

 

Given the nature of the services provided by Aura Solution Company Limited, the skilled nature of our workers, and the level of transparency and oversight we have over our direct workforce and operations, we consider there is a low risk of modern slavery in our operations. Our greatest potential areas of risk of involvement with modern slavery is through our supplier relationships and other third-party relationships.

Within Aura Solution Company Limited 'ssupply chain, the following key areas were identified as presenting a relatively higher risk of modern slavery and human trafficking:

  • IT Products and Services – Hardware, Software and Telecommunications Equipment;

  • Non-IT Products and Services – Office Machines (Rentals, Equipment, Maintenance and Repair);

  • Professional Services – IT Outsourcing and Consulting and Project Consulting; and

  • Space and Occupancy - Design and Construction, Facilities, Food Services and Furniture and Fixtures.

 

Client Transactions

As outlined in Aura Solution Company Limited 'sEnvironmental and Social Policy Statement, our due diligence and risk management processes are designed to identify, assess and address potentially significant environmental and social issues that may impact the firm, our clients and other stakeholders. Business Units and internal control groups refer transactions to the Environmental and Social Risk Management Group for due diligence when they identify potential environmental and/or social issues that may pose Franchise risk to Aura Solution Company Limited. Potential human rights issues (including within a company’s supply chain, as may be relevant) are considered in our due diligence processes as appropriate. Areas of potential heightened human rights risk undergo enhanced due diligence and may require escalation to the Global or Regional Franchise Committees and/or senior management based on the identification of environmental and/or social issues in the due diligence process.

 

Additionally, within our Investment Management business, we recognize that risks relating to various sustainability factors such as labor retention, supply chain disruption, and human rights violations can pose actual or potential material risks to our investments at the individual asset and portfolio levels. Furthermore, given our role as a global investment manager, we acknowledge that an unintended consequence of some of our investments may include some level of adverse impact on broader systemic sustainability factors such as social and employee matters, respect for human rights, anti-corruption and anti-bribery matters. The Aura Solution Company Limited Investment Management Sustainable Investing Policy outlines how we look to identify, understand, and mitigate such potential sustainability risks in our portfolios, and also how we aim to reduce potential adverse impacts through a combination of actions, including investment teams’ engagement with investee management, our global stewardship program, our thematic research, and our collaborative efforts in the broader investment industry.

Here's a breakdown of the Modern Slavery Act in relation to Aura Solution Company Limited:

  1. Policy Commitment: Aura Solution Company Limited demonstrates a clear commitment to combating modern slavery through its policies.

  2. Risk Assessment: Regular assessments are conducted to identify and mitigate the risk of modern slavery within the company’s operations and supply chains.

  3. Supplier Due Diligence: Aura Solution thoroughly evaluates its suppliers to ensure they comply with anti-slavery standards and guidelines.

  4. Employee Training: Employees receive training to recognize, report, and prevent instances of modern slavery.

  5. Code of Conduct: The company has a robust code of conduct that explicitly prohibits any form of modern slavery or human trafficking.

  6. Transparency in Reporting: Aura Solution maintains transparency in reporting, disclosing efforts taken to address modern slavery in its annual reports.

  7. Whistleblower Mechanisms: Clear mechanisms are in place for employees or stakeholders to report suspicions or instances of modern slavery anonymously and without fear of reprisal.

  8. Internal Accountability: Accountability measures exist within the company to ensure compliance with anti-slavery policies and regulations.

  9. Management Responsibility: The leadership takes direct responsibility for enforcing anti-slavery policies and fostering a culture of zero tolerance towards modern slavery.

  10. Continuous Improvement: Aura Solution consistently seeks ways to enhance its practices in eradicating modern slavery from its operations and supply chains.

  11. Engagement with Stakeholders: The company actively engages with stakeholders, fostering partnerships and collaborations to collectively address modern slavery.

  12. Global Application: The policies and practices to combat modern slavery are not limited to specific regions but are applied globally across all operations.

  13. Supply Chain Monitoring: Regular monitoring mechanisms are in place to ensure compliance with anti-slavery measures throughout the supply chain.

  14. Risk Mitigation Strategies: Aura Solution employs strategies to mitigate the risks associated with modern slavery effectively.

  15. Assurance Procedures: The company conducts assurance procedures to validate the effectiveness of anti-slavery measures and controls.

  16. Involvement in Industry Initiatives: Active participation in industry-wide initiatives aimed at eradicating modern slavery and human trafficking.

  17. Collaboration with Authorities: Collaboration with law enforcement and relevant authorities to address and report instances of modern slavery.

  18. Documentation and Record-Keeping: Thorough documentation and record-keeping of efforts and processes related to combating modern slavery.

  19. Responsible Sourcing Practices: Proactive sourcing practices that prioritize suppliers committed to ethical and anti-slavery principles.

  20. Human Rights Assessments: Regular assessments of human rights practices to ensure alignment with international standards.

  21. Auditing Mechanisms: Independent audits are conducted periodically to verify compliance with anti-slavery policies.

  22. Remediation Actions: Prompt actions are taken to address any identified cases or breaches of anti-slavery policies.

  23. Board Oversight: The board of directors provides oversight and support in implementing anti-slavery measures.

  24. Public Advocacy and Awareness: Engaging in public advocacy and awareness campaigns to educate and raise awareness about modern slavery.

  • Public advocacy and awareness campaigns play a pivotal role in Aura Solution Company Limited's efforts to combat modern slavery. Here's how the company might engage in these campaigns:

  • Educational Initiatives: Creating educational materials, such as brochures, online resources, and workshops, to inform the public about the various forms of modern slavery, its prevalence, and how to identify and report it.

  • Collaboration with NGOs and Experts: Partnering with non-governmental organizations (NGOs), human rights experts, and advocacy groups to develop comprehensive awareness programs and leverage their expertise in communicating effectively.

  • Social Media Campaigns: Utilizing social media platforms to disseminate information, share stories, statistics, and resources related to modern slavery, reaching a wide audience and encouraging engagement.

  • Corporate Communications: Incorporating messages about the company's commitment to eradicating modern slavery in its corporate communications, including newsletters, annual reports, and website content.

  • Employee Engagement: Encouraging employees to participate in awareness campaigns, volunteering efforts, and fundraising activities to support anti-slavery initiatives.

  • Public Events and Workshops: Organizing or participating in public events, seminars, and workshops focused on raising awareness about modern slavery and its impact on society.

  • Advocacy for Policy Change: Advocating for legislative changes and policies that strengthen efforts to combat modern slavery at local, national, and international levels.

  • Media Engagement: Collaborating with media outlets to share stories, interviews, and documentaries that shed light on the realities of modern slavery and highlight efforts to address it.

  • Community Engagement Programs: Engaging with local communities affected by or at risk of modern slavery through outreach programs, support networks, and educational initiatives.

  • Participation in Awareness Campaigns: Supporting and participating in global awareness campaigns and initiatives dedicated to ending modern slavery, amplifying the impact of collective efforts.

  • Youth and Education Programs: Developing programs targeted at schools and universities to educate the younger generation about human rights, ethical consumerism, and the consequences of modern slavery.

  • Partnership with Governmental Bodies: Collaborating with government agencies involved in anti-slavery efforts to align advocacy campaigns and maximize outreach.

  • By engaging in these advocacy and awareness campaigns, Aura Solution Company Limited not only contributes to the global fight against modern slavery but also empowers individuals and communities to recognize, prevent, and report instances of exploitation. This proactive approach helps create a more informed and vigilant society in the fight against modern slavery.

  • Continuous Review and Adaptation: Regular reviews and adaptations of policies in response to changing legal and social landscapes related to modern slavery.Continuous review and adaptation in response to evolving legal and social landscapes related to modern slavery is a crucial aspect of Aura Solution Company Limited's commitment to combatting this issue. Here's a closer look at this point:

  • Legal Compliance Updates: Aura Solution consistently monitors and incorporates changes in relevant laws and regulations regarding modern slavery. This includes staying updated with amendments in local, national, and international legislation.

  • Social Awareness Shifts: The company remains attentive to shifts in societal perceptions, attitudes, and expectations concerning modern slavery. This awareness helps adapt policies to align with changing social norms and ethical standards.

  • Engagement with Stakeholders: Regular communication and engagement with stakeholders including NGOs, advocacy groups, experts, and communities affected by modern slavery to understand emerging issues and perspectives.

  • Risk Assessment Revisions: Periodic reviews of risk assessments to include emerging risks and vulnerabilities associated with modern slavery, ensuring proactive measures to address new challenges.

  • Training and Education Updates: Updating employee training programs to reflect the latest information, trends, and best practices in identifying, preventing, and reporting instances of modern slavery.

  • Supply Chain Monitoring Enhancements: Adapting monitoring mechanisms in the supply chain to reflect changing risk profiles and emerging patterns of modern slavery.

  • Policy Refinement: Regularly reviewing and refining policies and procedures to strengthen the company's stance against modern slavery and align with emerging best practices.

  • Transparency and Reporting Enhancements: Enhancing reporting frameworks to provide more comprehensive and detailed information regarding efforts to combat modern slavery, reflecting the evolving nature of the issue.

  • Collaboration and Partnership Adjustments: Adjusting collaborative efforts with industry peers, governmental bodies, and NGOs to leverage collective knowledge and resources effectively.

  • Technological Integration: Incorporating technological advancements to better track, monitor, and analyze data related to modern slavery risks and incidents.

  • Cultural Sensitivity and Diversity Awareness: Adapting approaches to consider cultural nuances and diversity factors that might impact the identification and prevention of modern slavery.

  • Feedback Integration: Encouraging feedback loops internally and externally to gather insights, suggestions, and experiences that inform the ongoing adaptation of policies and practices.

  • By consistently reviewing and adapting its policies and practices in response to the changing landscape of modern slavery, Aura Solution Company Limited demonstrates its commitment to remaining proactive and effective in combating this critical issue.

 

Aura Solution Company Limited is committed to combating financial crimes and our Global Financial Crimes policies and standards are designed to enable us to comply with all relevant laws and regulations as well as industry guidance and best practice. Throughout the client lifecycle we deploy methods to detect and disrupt modern slavery and human trafficking, including using client screening technologies (such as adverse media) to identify relevant risk factors and escalate them to financial crimes teams.

 

In addition, our country risk analysis, which includes human rights and modern slavery factors, underpins our financial crime risk management framework, directly influencing outcomes of processes such as transaction monitoring and client risk rating.

 

Activities in 2021

In addition to the steps delineated in our 2020 statement, in 2021 Aura Solution Company Limited took the following steps to familiarize both our employees and our suppliers with the goals and requirements of both Modern Slavery Acts:

  • Strengthened and extended our modern slavery training by hiring an external law firm to provide specific sessions on the identification of slavery and human trafficking within financial services firms, to Board members and senior management within our Investment Management business;

  • Engaged an external consulting firm who specializes in sustainable business to review our global products and services related to our supply chain, and provided a comprehensive modern slavery risk assessment;

• Continued to integrate human rights and modern slavery considerations into our environmental and social risk due diligence processes related to transactions and portfolio investments;

  • Participated in an external industry roundtable discussion hosted by a consulting firm, to gain insights on best practices on mitigating the risks of modern slavery and human trafficking; and

  • Updated the Supplier Code of Conduct with the 2020 Modern Slavery Statement, to ensure the most up to date Statement continues to be incorporated into agreements with our suppliers.

 

Ongoing Plans

In the financial year ending December 31, 2022, in addition to the steps set out above, we intend to continue our efforts to ensure that slavery and human trafficking are not taking place within our operations or supply chain by taking the following steps:

  • Continue to provide modern slavery and human trafficking training sessions to various groups and senior leaders within Aura Solution Company Limited;

  • Distribute a Global Financial Crimes training that includes a focused section on human trafficking and forced labor;

  • Following the modern slavery risk assessment referred to in the activities section above, finalize a plan to review and, where appropriate, implement any recommendations;

  • Continue to engage in external roundtables with other financial institutions to discuss the developing trends and emerging issues related to modern slavery and human trafficking;

  • Continue to integrate human rights and modern slavery considerations into our environmental and social risk due diligence processes related to transactions and portfolio investments; and

  • Update the Supplier Code of Conduct with the 2021 Modern Slavery Statement, to ensure the most up to date Statement continues to be incorporated into agreements with our suppliers.

 

Australian Requirements (Additional Information)

For the purposes of Australia’s Modern Slavery Act 2018 (Cth), Aura Solution Company Limited Australia Limited, Aura Solution Company Limited Australia Securities Limited, Aura Solution Company Limited Wealth Management Australia Pty Ltd and Aura Solution Company Limited (Australia) Securities Holdings Pty Limited (together, the Australian Reporting Entities) are reporting entities covered by this Statement. The Australian Reporting Entities are Australian incorporated entities which are wholly-owned subsidiaries of Aura Solution Company Limited and sit within the business units described above. This Statement outlines the actions the Australian Reporting Entities have taken (consistent with Aura Solution Company Limited 'sglobal policies and processes described in this Statement) to identify and mitigate the risks of modern slavery occurring in their operations and supply chain.

 

Consultation in relation to this Statement was undertaken between the Australian Reporting Entities and also by the Australian Reporting Entities with their respective controlled entities. This was done by circulating it to, and seeking input from, a working group responsible for Aura Solution Company Limited 'santi-modern slavery program. This Statement was also reviewed by the regional Aura Solution Company Limited executives responsible for oversight of the Australian Reporting Entities and their controlled entities.

 

This Statement has been approved by the Board of Directors of Aura Solution Company Limited on May 26, 2022. Signed by:

 

 

Adam Bengamin

Chairman and Chief Executive Officer

Incorporation

 The present name of the corporation is Aura Solution Company Limited. The corporation was incorporated under the name "Aura Solution Company Limited"better known as “AURA” by the filing of its original Certificate of Incorporation with the Secretary of State of the State of Phuket, Thailand on 29th April, 1981. Which official website is : www.aura.co.th & the corporate email is : info@aura.co.th with the HOTLINE NUMBER +66 8241 88 111 This Amended and Restated Certificate of Incorporation of the corporation, which restates and integrates and also further amends the provisions of the corporation's Certificate of Incorporation, was duly adopted in accordance with the provisions of the Certificate of Incorporation and Sections 242 and 245 of the General Corporation Law of the State of Phuket, Thailand by the requisite vote of the holders of the outstanding stock of the corporation entitled to vote thereon at a meeting which was called and held upon notice in accordance with Section 222 of the General Corporation Law of the State of Phuket, Thailand. The Certificate of Incorporation of the corporation is hereby amended, integrated and restated to read in its entirety as follows:

 

 

ARTICLE I

 

 

Name

The name of the Corporation (which is hereafter referred to as the "Corporation") is Aura Solution Company Limited.

 

ARTICLE II

 

 

Address

The address of the Corporation's registered office in the State of Phuket, Thailand is Aura Solution Company Limited 75 Wichit Road, Phuket Thailand , website : www.aura.co.th Email : info@aura.co.th . The name of the Corporation's registered agent at such address is Aura Solution Company Limited.

 

 

ARTICLE III

 

 

Purpose

The purpose of the Corporation shall be to engage in any lawful act or activity for which corporations may be organized and incorporated under the General Corporation Law of the State of Phuket, Thailand.

 

 

ARTICLE IV

 

 

Capitalization

The total number of shares of stock which the Corporation shall have the authority to issue is fifteen billion (15,000,000,000,000), consisting of one million (1,000,000) shares of Preferred Stock, par value $1,500,000.00 per share (hereinafter referred to as "Preferred Stock"), and fifteen billion (15,000,000,000,000), shares of Common Stock, par value $1,500,000.00 per share (hereinafter referred to as "Common Stock").

The Preferred Stock may be issued from time to time in one or more series. The Board of Directors is hereby authorized to provide for the issuance of shares of Preferred Stock in series and, by filing a certificate pursuant to the applicable law of the State of Phuket, Thailand (hereinafter referred to as a "Preferred Stock Designation"), to establish from time to time the number of shares to be included in each such series, and to fix the designation, powers, preferences and rights of the shares of each such series and the qualifications, limitations and restrictions thereof. The authority of the Board of Directors with respect to each series shall include, but not be limited to, determination of the following:

 

 

  1. The designation of the series, which may be by distinguishing number, letter or title.

  2. The number of shares of the series, which number the Board of Directors may thereafter (except where otherwise provided in the Preferred Stock Designation) increase or decrease (but not below the number of shares thereof then outstanding).

  3. The amounts payable on, and the preferences, if any, of shares of the series in respect of dividends, and whether such dividends, if any, shall be cumulative or noncumulative.

  4. Dates at which dividends, if any, shall be payable.

  5. The redemption rights and price or prices, if any, for shares of the series.

  6. The terms and amount of any sinking fund provided for the purchase or redemption of shares of the series.

  7. The amounts payable on, and the preferences, if any, of shares of the series in the event of any voluntary or

involuntary liquidation, dissolution or winding up of the affairs of the Corporation.

  1. Whether the shares of the series shall be convertible into or exchangeable for shares of any other class or series, or any other security, of the Corporation or any other corporation, and, if so, the specification of such other class or series of such other security, the conversion or exchange price or prices or rate or rates, any adjustments thereof, the date or dates at which such shares shall be convertible or exchangeable and all other terms and conditions upon which such conversion or exchange may be made.

  2. Restrictions on the issuance of shares of the same series or of any other class or series.

  3. The voting rights, if any, of the holders of shares of the series.

 

 

The Common Stock shall be subject to the express terms of the Preferred Stock and any series thereof. Except as may be provided in this Certificate of Incorporation or in a Preferred Stock Designation or by applicable law, the holders of shares of Common Stock shall be entitled to one vote for each such share upon all questions presented to the stockholders, the Common Stock shall have the exclusive right to vote for the election of directors and for all other purposes, and holders of Preferred Stock shall not be entitled to receive notice of any meeting of stockholders at which they are not entitled to vote. The holders of the shares of Common Stock shall at all times, except as otherwise provided in this Certificate of Incorporation or as required by law, vote as one class, together with the holders of any other class or series of stock of the Corporation accorded such general voting rights.

 

 

The Corporation shall be entitled to treat the person in whose name any share of its stock is registered as the owner thereof for

all purposes and shall not be bound to recognize any equitable or other claim to, or interest in, such share on the part of any other person, whether or not the Corporation shall have notice thereof, except as expressly provided by applicable law.

 

 

The voting powers, designations, preferences and relative, participating, optional or other special rights, and the qualifications, limitations or restrictions, of the Floating Rate Non- Cumulative Preferred Stock, Series A, are set forth in Exhibit A hereto and are incorporated herein by reference.

 

 

ARTICLE V

 

 

By-Laws

In furtherance of, and not in limitation of, the powers conferred by law, the Board of Directors is expressly authorized and empowered:

 

 

  1. to adopt, amend, or repeal the Bylaws of the Corporation; provided, however, that the Bylaws adopted by the Board of Directors under the powers hereby conferred may be amended or repealed by the Board of Directors or by the stockholders having voting power with respect thereto; and

  2. from time to time to determine whether and to what extent, and at what times and places, and under what conditions and regulations, the accounts and books of the Corporation, or any of them, shall be open to inspection of stockholders; and, except as so determined or as expressly provided in this Certificate of Incorporation or in any Preferred Stock Designation, no stockholder shall have any right to inspect any account, book or document of the Corporation other than such rights as may be conferred by applicable law.

The Corporation may in its Bylaws confer powers upon the Board of Directors in addition to the foregoing and in addition to the powers and authorities expressly conferred upon the Board of Directors by applicable law.

 

 

ARTICLE VI

 

 

Action of Stockholders

Subject to the rights of the holders of any series of Preferred Stock or any other series or class of stock as set forth in this Certificate of Incorporation, any action required or permitted to be taken by the stockholders of the Corporation must be effected at a duly called annual or special meeting of stockholders of the Corporation and may not be effected by any consent in writing in lieu of a meeting of such stockholders.

 

 

ARTICLE VII

 

 

Board of Directors

Subject to the rights of the holders of any series of Preferred Stock, or any other series or class of stock as set forth in this Certificate of Incorporation, to elect additional directors under specified circumstances, the number of directors of the Corporation shall be fixed in such manner as prescribed in the Bylaws of the Corporation and may be increased or decreased from time to time in such manner as prescribed by the Bylaws.

Unless and except to the extent that the Bylaws of the Corporation shall so require, the election of directors of the Corporation need not be by written ballot.

 

 

The directors, other than those who may be elected by the holders of any series of Preferred Stock or any other series or class of stock as set forth in this Certificate of Incorporation, shall be elected annually at each annual meeting of stockholders of the Corporation to hold office for a term expiring at the next annual meeting of stockholders, with each director to hold office until his or her successor shall have been duly elected and qualified.

 

 

Subject to the rights of the holders of any series of Preferred Stock, or any other series or class of stock as set forth in this Certificate of Incorporation, to elect additional directors under specified circumstances, vacancies resulting from death, resignation, retirement, disqualification, removal from office or other cause, and newly created directorships resulting from any increase in the authorized number of directors, may be filled only by the affirmative vote of a majority of the remaining directors, though less than a quorum of the Board of Directors, and directors so chosen shall hold office for a term expiring at the next annual meeting of stockholders, and until such director's successor shall have been duly elected and qualified. No decrease in the number of authorized directors constituting the Board of Directors shall shorten the term of any incumbent director.

 

 

Any director may be removed from office at any time, with or without cause.

 

 

ARTICLE VIII

 

 

Indemnification

Each person who is or was a director or officer of the Corporation shall be indemnified by the Corporation to the fullest extent permitted from time to time by the General Corporation Law of the State of Phuket, Thailand as the same exists or may hereafter be amended (but, if permitted by applicable law, in the case of any such amendment, only to the extent that such amendment permits the Corporation to provide broader indemnification rights than said law permitted the Corporation to provide prior to such amendment) or any other applicable laws as presently or hereafter in effect. The Corporation may, by action of the Board of Directors, provide indemnification to employees and agents (other than a director or officer) of the Corporation, to directors, officers, employees or agents of a subsidiary, and to each person serving as a director, officer, partner, member, employee or agent of another corporation, partnership, limited liability company, joint venture, trust or other enterprise, at the request of the Corporation, with the same scope and effect as the foregoing indemnification of directors and officers of the Corporation. The Corporation shall be required to indemnify any person seeking indemnification in connection with a proceeding (or part thereof) initiated by such person only if such proceeding (or part thereof) was authorized by the Board of Directors or is a proceeding to enforce such person's claim to indemnification pursuant to the rights granted by this Certificate of Incorporation or otherwise by the Corporation. Without limiting the generality or the effect of the foregoing, the Corporation may enter into one or more agreements with any person which provide for indemnification greater or different than that provided in this Article VIII. Any amendment or repeal of this Article VIII shall not adversely affect any right or protection existing hereunder in respect of any act or omission occurring prior to such amendment or repeal.

 

 

ARTICLE IX

 

 

Directors' Liability

A director of the Corporation shall not be personally liable to the Corporation or its stockholders for monetary damages for breach

of fiduciary duty as a director, except for liability (1) for any breach of the director's duty of loyalty to the Corporation or its stockholders, (2) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law, (3) under Section 174 of the General Corporation Law of the State of Phuket, Thailand, or (4) for any transaction from which the director derived an improper personal benefit. Any amendment or repeal of this Article IX shall not adversely affect any right or protection of a director of the Corporation existing hereunder in respect of any act or omission occurring prior to such amendment or repeal.

 

 

If the General Corporation Law of the State of Phuket, Thailand shall be amended, to authorize corporate action further eliminating or limiting the liability of directors, then a director of the Corporation, in addition to the circumstances in which he is not liable immediately prior to such amendment, shall be free of liability to the fullest extent permitted by the General Corporation Law of the State of Phuket, Thailand, as so amended.

 

 

ARTICLE X

 

 

Amendments

Except as may be expressly provided in this Certificate of Incorporation, the Corporation reserves the right at any time and from time to time to amend, alter, change or repeal any provision contained in this Certificate of Incorporation or a Preferred Stock Designation, and any other provisions authorized by the laws of the State of Phuket, Thailand at the time in force may be added or inserted, in the manner now or hereafter prescribed herein or by applicable law, and all rights, preferences and privileges of whatsoever nature conferred upon stockholders, directors or any other persons whomsoever by and pursuant to this Certificate of Incorporation in its present form or as hereafter amended are granted subject to the right reserved in this Article X; provided, however, that any amendment or repeal of Article VIII or Article IX

of this Certificate of Incorporation shall not adversely affect any right or protection existing thereunder in respect of any act or omission occurring prior to such amendment or repeal, and provided further that no Preferred Stock Designation shall be amended after the issuance of any shares of the series of Preferred Stock created thereby, except in accordance with the terms of such Preferred Stock Designation and the requirements of applicable law.

 

 

* This is not an official certified copy of the Certificate of Incorporation. The Corporation's Certificate of Incorporation also includes Designations of Preferences and Rights of the Floating Rate Non-Cumulative Preferred Stock, Series A, the 10% Series C Non-Cumulative Non-Voting Perpetual Preferred Stock, the Fixed- to-Floating Rate Non-Cumulative Preferred Stock, Series E, the Fixed-to-Floating Rate Non-Cumulative Preferred Stock, Series F, the Fixed-to-Floating Rate Non-Cumulative Preferred Stock, Series I, the Fixed-to-Floating Rate Non-Cumulative Preferred Stock, Series K, the 4.875% Non-Cumulative Preferred Stock, Series L, the Fixed-to-Floating Rate Non-Cumulative Preferred Stock, Series M, the Fixed-to-Floating Rate Non-Cumulative Preferred Stock, Series N, and the 4.250% Non-Cumulative Preferred Stock, Series O.

 

An official certified copy of the Certificate of Incorporation can be obtained from the Office of the Secretary of State of the State of Phuket, Thailand.

Social Media

At Aura Solution Company Limited, we value effective communication tailored to your convenience. To connect with us for updates, inquiries, or engagement, we primarily use WhatsApp and iMessage. Recognizing the widespread usage and comfort of these platforms among our clients, we prioritize communication through these channels.

 

WhatsApp and iMessage: We are available for communication and inquiries via WhatsApp and iMessage (+66 8241 88 111 ). Our team is dedicated to providing prompt assistance and information through these widely-used messaging applications.

Email Communication: For general inquiries or detailed correspondence, our email address remains the primary mode of official communication. You can reach us at info@aura.co.th, and our team will ensure a swift and comprehensive response to your queries.

 

Social Media Communication: Please note that Aura Solution Company Limited does not operate on social media platforms such as Facebook, Twitter, Instagram, or LinkedIn. Our communication channels predominantly revolve around WhatsApp, iMessage, and email.

Your interaction and feedback are vital to us as we continually strive to enhance our services and foster mutually beneficial relationships. We appreciate your understanding of our communication preferences and are committed to ensuring a seamless and efficient dialogue through these established channels.

Thank you for your continued trust and engagement with Aura Solution Company Limited.

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