Inflation in things we want, deflation in things we donʼt want
INTRODUCTION
The war in Ukraine, China’s sweeping lockdowns, soaring inflation, shortages of energy and key commodities, and the Fed’s tightening policy, are all taking their toll on equity and bond markets. The World Bank, IMF and major banks have slashed their growth projections, and concerns are mounting that the global economy could soon tip into recession. Whilst we believe that the market narrative (at the time of going to press), is due to be more upbeat in the coming weeks, equities will continue to face headwinds thereafter.
ASSET ALLOCATION HIGHLIGHTS:
• Inflation is now a dinner table conversation in many households.
• Whilst it’s true that most inflation is transitory, transitory can last for years when inflation is within a cyclical upswing.
• Commodities remain the stand out performer, and portfolios have greatly benefitted from positioning in the resource sector and ‘real assets’ more generally including precious metals.
• Bond markets have been in a tail spin – US corporate investment grade bonds have fallen 12.3% in over 200 years by some records.
• The S&P 500 fell more than 13% between January and April of this year. That's the worst four-month start to a year since 1939.
• Equities are overdue a ‘relief rally’ having been pushed lower by rising interest rates and a very hawkish US Federal Reserve.
• A coming global slowdown will perhaps take some of the wind out of the sails of the inflation debate, but only further lead to lowering companies’ earnings guidance and margins in the second half of 2022
KEY MARKET THEMES
Undoubtedly, COVID-19 accelerated what were mostly pre-existing trends. We also believe that the war in Ukraine similarly exacerbated what were pre-existing issues. In particular, chronic underinvestment in energy infrastructure, as well as highly optimised supply chains that afforded little to no flexibility. Europe was already experiencing spikes in energy prices before the invasion of Ukraine, as energy transition initiatives to greener alternatives sought to reduce reliance on fossil fuels.
With the invasion of Ukraine, the narrative moved from energy transition to energy security, in a just a few short weeks. This shift to energy security is reflective of a much grander change: that of the unwinding of a global monetary order that’s existed for the last half century or so, and a return of greater geo-political risk.
We are therefore considering and preparing portfolios for a world that is more de-centralised, (with divergent payment channels, and stores of value to match). Global alliances are shifting, and with these changes, supply chains as well. Commodity and food protectionism will become recurrent themes, and national priorities once more. We believe ultimately that global sanctions will have much more enduring consequences for global trade and economic growth. But for now, it is the inflation debate which dominates.
If we are looking for historical analogues to the present situation, we believe that the 1940’s are perhaps a better parallel, as opposed to the great inflation episodes of the 1970’s. Both periods are, however, instructive.
FIGURE 1: Rolling 5 year CPI and its relationship to US Money Supply growth
Chart Source: ARIA, LynAlden.com
NOTE: The chart shows a very tight correlation between money supply growth (resulting from all of the government and central bank largesse), and subsequent inflationary episodes.
The 1940’s did not see much by way of bank credit availability, but we did see wartime finance, and critically that brought the monetisation of very large fiscal deficits. That is to say, as governments issued bonds to finance large military expenditures, that same nation’s central bank was compelled to print money and buy these bonds: much like we have seen in the wake of the pandemic.
The 1970’s were characterised by a demographics boom: the boomers were entering their home buying years and banks were very supportive: meaning mortgage lending led to a significant increase in the money supply. The Vietnam War inter alia contributed to significant deficits too.
Both the 1940’s and 1970’s had price controls at various points. The latter also witnessed wage controls too. However, inflation was not a straight line, and there were disinflationary periods during both decades. In that respect, we believe five year rolling periods provides a better way to observe the trend.
An interesting difference between the two periods was government debt levels. The 1940’s had very high government debt to GDP levels: which limited the ability to raise interest rates to quell inflation for fear of widespread insolvencies that would result. Ultimately, we saw yield curve control. However, the 1970’s did not have the same levels of indebtedness allowing for a more aggressive tightening on the part of central banks. The 1970’s were course also famed for the oil price spike: at a time when the US energy production had peaked in 1970, mirroring how shale oil has fallen on harder times in the last 5 years and financial institutions appetite to lend has met an abrupt stop.
More generally, we believe we have entered a regime of shorter, sharper economic cycles, which will likely be mirrored in volatile inflation figures too. To our minds, it is not actually the high watermark in inflation figures we expect to see recorded in the coming weeks that matters, but rather as inflation normalizes again, will the consumer price indices show that systemic inflation has set in.
SLOWBALISATION
The corporate drive over recent decades have been to maximise earnings per share by virtue of financial engineering: including corporate buybacks, and geographical labour arbitrage by offshoring labour to the cheapest global locations. Optimisation in the form of just-in-time inventory management has sought to squeeze the pips. But inevitably the trade-off to offshoring and supply chain engineering is a lack of resilience. As we have witnessed, global food and medical supply chains have been shown to have wobbled in the face of systemic shocks. The most likely response will be a move towards ‘just in case’ supply chains, reshoring of manufacturing, and inevitably higher prices, as some of the ARIA Capital Management 3 efficiencies created are unwound. All of this is being brought to bear at a time when the unprecedented fiscal and monetary stimulus provided to counter the pandemic, is being withdrawn. This is a difficult balancing act to achieve.
Business cycle investing works by determining asset allocation according to where we sit in the cycle. Proponents of such an approach cite housing and durable goods (read manufacturing), as the two principal drivers of the business cycle. Housing as a percentage of GDP is at historic highs. Stimulus cheques have driven house prices globally higher. Lockdowns limited the options for consumption and so channeled cash towards property. In addition, those same lockdowns prompted consumers to look for alternatives to smaller urban dwellings. Manufacturing, or durable goods also saw a one-time boom, leading to a very hot manufacturing output and GDP numbers. Of course, as demand for new housing rises, so does the demand for mortgages; and mortgages rates have seen significant moves in recent times. We believe these impacts are temporary.
So what does this mean in terms of determining where we sit in the cycle? Higher food and fuel prices also mean that ‘real earnings’, or how far household incomes go each month, leads us to believe that consumers will begin to tighten their belts once more. As the driver of global growth, consumers, and specifically the US consumer, will become more spendthrift and this is likely to translate into a slowing economy once more.
Figure 2: Historically, peaks of inflation have coincided with recessions
Chart Source: ARIA, ALPINE MACRO
Recent performance of housing stocks (very uninspiring) and utility shares (very encouraging), also gives some credence to the idea of a slowdown. If we are to see consumers pull back, as the ‘real disposable’ incomes have declined, many companies, who had built inventories in response to supply short shortages, are likely to find themselves sitting on an excess.
FIGURE 3: CONSUMERS ARE BEING SQUEEZED WHEN ADJUSTING HOUSEHOLD INCOMES FOR INFLATION
Source: Heimstaden, ARIA and Macrobond
A DEARTH OF RARE EARTHS
We have been well positioned for this environment. Stubborn inflationary pressures have been anathema to the bond market (our portfolios have had little exposure to government bonds). Exposure to real assets, commodities and precious metals have very much been the place to be.
FIGURE 4: COMMODITIES SHINE IN BEST YEAR SINCE 1915
Source: Bof A Global Investment Strategy , Global Financial Data, Bloomberg, *2022 YTD annualized
That said, if forwards looking indicators are correct, then the hangover from unwinding of the sugar rush caused by unprecedented government COVID financial support for their citizens and businesses, could come swifter than is currently priced in. As such, we have begun to increase exposure to government bonds once more, having happily sidestepped some of the worst falls in history for the asset class.
Any retracing of steps in commodities are likely to be short lived. The climate debate is closed: globally we have committed to a colossal spend on rare earth minerals, cobalt, lithium. The committed numbers are almost unfathomable, and we are now beginning to see increasing coverage of the constrained commodity theme or ‘green metals shortage’. For example, the FT recently commented that electric vehicle production targets will be impossible to achieve without changes to the lithium supply pipeline.
One quote from the CEO of Lake Resources, an Australian listed lithium producer stood out: ‘There simply isn’t going to be enough lithium on the face of the planet, regardless of who expands and who delivers, it just won’t be there… The carmakers are beginning to sense that maybe the battery makers aren’t going to be able to deliver’.
The looming lithium shortage appears primarily attributable to three factors:
1. Aggressive targets set in the United States and Europe for the roll out of EVs to replace internal combustion engine (ICE) cars.
2. Lack of investment by Western governments and companies in developing supply chains of lithium and other metals essential to the production of EVs (such as cobalt and nickel); and
3. China’s strategic dominance of the clean energy metals supply chain, with China currently controlling 70-80% of the entire supply chain for EV lithium-ion batteries, and therefore energy storage..
Even Elon Musk, a man never far from the news, called for increased investment on Tesla’s earnings call last month: ‘I’d certainly encourage entrepreneurs out there who are looking for opportunities get into the lithium business’, Musk said.
So, whilst any impending slowdown will impact many commodities, we feel that the supply shortages in a number of commodities (including agriculture, see recent comments on fertiliser), will limit the downside and it will be more important than ever to have more targeted exposures, which benefit from the structural bottlenecks. It is in our Real Asset Income Fund where we search for opportunities to generate returns deriving from exposures to the bottlenecks in the commodity supply chains.
THE RELATIVE IMPORTANCE OF INTEREST RATES, LIQUIDITY AND EARNINGS GROWTH FOR EQUITY MARKETS
There is a general consensus that low interest rates lead to higher valuations in stock markets and justify extended gains. Categorically, lower interest rates certainly spur risk taking and encourage investors to buy shares that fall within the growth category and are perhaps less cash generative at present. Lower interest rates mean lower opportunity cost in investing for ‘jam tomorrow’. However, the counter to such a line of thinking is that share prices are principally driven by earnings growth and that lower interest rates are indicative of economic conditions that are sluggish and therefore that it will be difficult for companies to grow earnings. Moreover, if the causation held, Japan, with negative interest rates, would be the most expensive stock market in the world.
The numbers bear all of this out. Earnings in quarterly forecasts, or trailing numbers today, are lower than they were at the peak in 2008. Outside of the US, we have very little earnings growth in the UK and Europe (nor Japan) and consequently their stocks markets have floundered as a result. The only market which of course did ‘re-rate’ higher was the US: we have seen substantial outperformance. However, as we have noted in previous reports, that was principally 6 stocks – the FAANGS – which account for all of that outperformance. In fact, if we were to refer to a ‘S&P 494’, rather than S&P 500, removing the influence of key tech stocks, the US market's performance is comparable to other international markets.
In another example of the shifting tectonic states of global finance, we believe the age of US exceptionalism, or outperformance is over (including that of the tech stocks). If low interest rates have been a challenge for the UK, Europe and Japan, we believe higher interest rates will be a real fillip to their fortunes. Higher interest rates in the round mean improving economic fortunes for those cyclical companies with operating leverage. The UK, Europe and Japanese stock markets are littered with such companies, and these will provide fertile conditions for earnings growth. In short then, leadership in stock markets is rotating to companies and markets who will benefit from a higher interest rate environment.
ASSET CLASS VIEWS
Equities
• A tough talking Federal Reserve, and persistent inflationary pressures has led to a bear market in the “tech darlings”.
• Until the Federal Reserve ‘pivots’ and confirms that monetary conditions are as tight as they would like them to be, equities markets face headwinds.
• We prefer valuations and prospects in international markets rather than the US (in general), as we believe the composition of those markets will fare better in higher rate environments.
• Even if a short-term bounce is overdue, ultimately, we expect to see stock markets at lower levels than even at the end of April’s marks. We think it possible, nevertheless, that markets may well have recovered by year end..
Bonds
• The sell-off in rates has been historic: US long term government bonds have fallen nearly 20% YTD, as quantitative easing programs globally have been reversed.
• Yield curve inversions (when short term interest rates are higher than long term interest rates), historically have heralded an incoming recession, but we feel that is more likely a third and fourth quarter 2022 story.
• In corroboration, corporate and high yield bonds, whilst losing ground, have fared better than government bonds, suggesting that any fully fledged recession is not to be expected in Q2.
Commodities
• Food shortages are a genuine issue, even in Western economies in 2022. This issue is of course exacerbated by the Ukraine conflict that has resulted in nearly 30% of globally traded grains not being available for export
• Energy security is now a front-page topic. Building up capacity takes years, and the catch-up requirements are significant: for example, whilst Europe scrambles to replace its present energy suppliers, it does so in the knowledge that its Russian natural gas imports represent the equivalent of 125% of the entire current US LNG export capacity.
• Gold has perhaps not performed as well as many would have thought given the backdrop: geopolitical turbulence, rising inflation, etc. However, a strengthening dollar and rising real interest rates are not supportive. On balance we believe it is consolidating before precious metals shine once more.
Currencies
• As global liquidity tightens, the world is ‘short’ or a net debtor in US Dollar terms, and that puts a significant bid beneath the greenback.
• We see many emerging market or commodity related currencies performing well (the Brazilian Real performed well against the US Dollar): meaning it is not simply a flight to safety move.
• The Chinese central bank appears ready to stimulate the economy, as the Renminbi has weakened significantly. This could mean support for stock markets even if the US is withdrawing its liquidity.
CONCLUSION
Traditional equity/bond portfolios have had their worst start in over 40 years. Our asset allocation with emphasis both on active management and real assets have performed well in a new macro environment. This new environment is characterised by ‘inflation in things we need, and deflation in things we don’t need’ – respectively food, energy, iWatches, cloud storage and Zoom. For all four of our baskets to be up between 3 and 12% YTD at time of going to press, when equities markets have fallen double digits in the first four months of the year, is very pleasing.
The Federal Reserve has been very clear: what it giveth in one hand (COVID stimulus and quantitative easing, now with a political mandate to do so), it will take away with the other. Central banks globally are tightening policy i.e., removing the punchbowl to quell inflation and tighten financial conditions. If there was any doubt as to their intended impact, we would point readers to the recent April 6th Bloomberg interview with Bill Dudley, a former President of the NY Fed and Vice-Chair of the FOMC. Such plain speaking is not an everyday occurrence, and one that we feel is orchestrated.
We ultimately believe that those shares and markets which benefited most from the pandemic stimulus will ultimately suffer most from its subsequent unwind. The US Federal Reserve is seeking to engineer a soft landing for the economy, which we all hope they achieve. Our sense though is that it might seem a little more like a white knuckle ride at times. If there was any doubt as to the extent of some of the froth which needs to taken out of markets, we proffer the chart below. We would also underline we recognise that Apple remains one of the most exceptional companies on the planet.
FIGURE 5: APPLE AND ITS $2.8TRN VALUATION
Source: HedgeFundTelemetry, ARIA
In the next twelve months, global central banks are expected to drain $2 trillion of global liquidity, with the Fed accounting for about half that. The shift to quantitative tightening (QT) will pose a headwind for risk assets in our view. Recent stock market converts, (retail traders), drunk on the ‘buy the dip mentality’ are likely to experience a hangover or two.
In short, as we said last quarter, last year’s winners are likely to be this year’s losers. That is to say a regime change is afoot and new leadership for a new bull market will emerge. Geo-economics may become a new buzzword, and perhaps Merrill Lynch’s Private Client Group are onto something in their lexicon modification with their ‘FAANG 2.0’, the same famed acronym but this time with a very different meaning.
FIGURE 6: THE NEW FAANGS
F (fuels) |
Geopolitical tensions, strong demand. constrained supplies„ underinvestment—several factors will keep energy prices elevated over the medium term. Despite the outperformance of the Energy sector year-to-date (YTD), the sector still accounts for just 3.7% of the S&P 500 market cap, well below a 13.4% weighting in 1990. |
A (aerospace) |
Defense stocks have outperformed the broader market YTD by 16% amid
expectations that heightened geopolitical tensions could lead to greater
military spending. Germany has pledged to double its annual defense budget; the UK and others made less specific pledges. At minimum, North Atlantic Treaty Organization (NATO) requires each member to contribute more than 2% of GDP by a 2024 deadline. Defense spending is also climbing in Asia. Spending on cybersecurity will remain in a secular upswing. |
A (agriculture) |
The planet will need to produce more food in the next four decades than in the past 8,000 years. The Food and Agriculture Organization›s (FAO) Food Price Index hit an all-time high in January 2022. Equipment shortages, higher costs, climate challenges amid burgeoning demand from the EM middle class all suggest more upside earnings potential for the global agricultural complex. Ditto from the expected decline in agricultural exports from Russia and Ukraine. Russia supplies about 20% of world wheat exports; Ukraine supplies about 10%, according to the FAO. |
N (nuclear and renewables) |
Nuclear energy has the highest capacity factor of any energy source,
producing reliable, carbon-free energy more than 92% of the time—twice as
reliable as coal (40%) or natural-gas (56%) plants, and almost three times
more than wind (35%) and solar (25%) plants. Renewable energy use increased as the pandemic induced major declines in all other fuels in 2020. Long-term contracts, ongoing installation of plants and priority access to the grid undermine renewables growth |
G (gold and metals/minerals ) |
Viewed as a “safe haven”, gold prices are up over 6% in 2022 and posted the
best February since 2016, underscoring worries over inflation and war. The Electric Vehicle (EV) transition will be mineral-intensive. A typical EV requires six times the mineral inputs of a conventional car, according to the International Energy Agency. The high mineral intensity required for batteries could imply 40 times the current lithium demands by 2040. |
Sources: Merrill Lynch, Chief Investment Office. Data as of 3/21/2022 except where otherwise noted.
DISCLAIMER
This communication is from the ARIA SICAV, which is, as well as the above referenced sub-fund in Malta and regulated by the Malta
Financial Services Authority. Prospectus, annual report etc. are available free of charge from Fexserv Fund Services (Malta) Ltd. The Hub, Triq Sant ’Andrija, San Gwann, SGN 1612 Malta.
The information in this marketing communication does not constitute an offer, solicitation or recommendation for the purchase or sale of
any securities or other financial instruments nor does it constitute advice of any kind, whether in relation to legal, compliance, accounting, regulatory matters or otherwise, a personal recommendation (as defined by the rules of the Financial Conduct Authority, or otherwise or an expression of our view as to whether a particular financial product is suitable or appropriate for you and meets your financial or any other objectives.
This document does not create any legally binding obligations on the part of ARIA and/or its affiliates. It is not intended for distribution or use by any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication or use would be prohibited. All recipients are (a) persons who have professional experience in matters relating to investments falling within Article 19(1)
of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the “Order”) or (b) high net worth entities, and other persons to whom it may otherwise lawfully be communicated, falling within Article 49 (1) of the Order (all such persons together being referred to as “relevant persons”).
The Fund may neither be offered for sales nor sold in the USA, to US Persons or persons residing in the USA. The Fund mentioned herein may not be appropriate for all investors and before entering into any transaction you should take steps to ensure that you fully understand the transaction and have made an independent assessment of the appropriateness of the transaction in the light of your own objectives and circumstances, including the possible risks and benefits of entering into such transaction. Please refer to the relevant fund’s full prospectus and the relevant Key Investor Document for more information on the Fund which is available in English on request or on ariacm.com.
The information contained in this document is believed to be correct, complete and accurate and every effort has been made to represent accurate information. However, no representation or warranty, expressed or implied, is made as to the accuracy, completeness or correctness of the information contained in this document. ARIA assumes no responsibility or liability for any errors or omissions with respect to this information. The information contained in this document is provided for information purposes only. In the case of any inconsistency with the relevant prospectus of a product, the latest version of the prospectus shall prevail. This material contains results that are simulated. Returns of the strategies/indices prior to their launch date represent simulated results based on historical data and retroactive application of a model designed with the benefit of hindsight. Simulations are based on a number of working assumptions
that may not be capable of duplication in actual trading. Simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated returns do not represent actual trading. Also, since the trades have not actually been executed, the results may have over or undercompensated for the impact, if any, of certain market factors such as liquidity constraints, fee schedules and transaction costs. No representation is being made that future performance will or is likely to achieve profits or losses similar to those shown.
ALL MATERIAL CONTAINED ON THIS WEBSITE IS PURELY FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED AS INVESTMENT ADVICE. INVESTORS SHOULD SEEK FINANCIAL ADVICE BEFORE MAKING ANY INVESTMENT DECISIONS. THE PRODUCTS AND SERVICES ARE MAY NOT BE AVAILABLE TO RESIDENTS OF ALL JURISDICTIONS. THE INFORMATION ON THIS WEBSITE DOES NOT CONSTITUTE AN OFFER FOR PRODUCTS OR SERVIES, OR A SOLICITATION OF AN OFFER TO ANY PRESONS OUTSIDE OF THE EUROPE WHO ARE PROHIBITED FROM RECEIVING SUCH INFORMATION UNDER THE LAWS APPLICABLE TO THEIR PLACE OF CITIZENSHIP, DOMICILE OR RESIDENCE. ARIA CAPITAL MANAGEMENT (EUROPE) LIMITED IS AUTHORISED AND REGULATED BY THE MALTESE FINANCE SERVICES AUTHORITY IN MALTA. THE PRODUCTS MANAGED BY ARIA CAPITAL MANAGEMENT (EUROPE) ARE TYPICALLY AVAILABLE VIA PROFESSIONAL ADVISERS, RATHER THAN INDIVIDUAL INVESTORS, WHO SHOULD NOT RELY ON THIS INFORMATION BUT CONTACT THEIR FINANCIAL ADVISER.
The investments underlying the Company and its sub-funds do not take into account the EU criteria for environmentally sustainable economic activities.
ARIA CAPITAL MANAGEMENT (EUROPE) LIMITED IS AUTHORISED AND REGULATED BY THE MALTA FINANCIAL SERVICES AUTHORITY (WWW.MFSA.MT), AUTHORISED ID: FEXS. MALTA COMPANY NUMBER: C 26673. REGISTERED OFFICE: The Hub, Triq Sant ’Andrija, San Gwann, SGN 1612 Malta.
This website is not suitable for individual (retail) investors. If you are a retail investor, please contact your financial adviser.
You are about to enter a website for professional investors and financial advisers and/or intermediaries and the information contained herein is not suitable for retail investors. Any person unable to accept these terms and conditions should not proceed any further. Before making any investment decision, you shall read carefully the offering documents of each Fund.
The use of www.ariacm.com (this “Website”) is subject to the following terms and conditions (the “Terms”). After you have read and understood these Terms, you may click “Accept” to confirm that you agree to the Terms.
By clicking “Accept” you:
(i) expressly acknowledge that you have read and understood the Terms and agree to abide by them;
(ii) represent and warrant that the jurisdiction you have selected is the applicable jurisdiction for the intended investment activities, and that you are not resident in the United States of America and are not a U.S. Person;
(iii) confirm that you are accessing this Website in compliance with the laws and regulations of the jurisdiction you have selected, and all other applicable laws, rules and regulations;
(iv) represent and warrant, if applicable, that you are authorised to accept these Terms and use or access (or attempt to use or access) this Website on behalf of your employer, your client, or both, and that in doing so you are acting within the scope of your duties and, at all times, on behalf of your employer, your client or both; and
(v) hereby represent and warrant that you are not a private investor or retail client (as defined in the Markets and Financial Instruments Directive 2014/65/EU as amended or updated (“MiFID”)) and that you shall not in any circumstances use or rely on any information displayed on this Website for your own personal investment use.
If you do not agree with these Terms you must refrain from using this Website.
In these Terms, references to “you” and “your” are references to any person using or accessing (or attempting to use or access) this Website or, as the context requires, the legal entity on whose behalf a user uses or accesses (or attempts to use or access) this Website. References to “ARIA”, “ACME” “we” and “us” are references to ARIA Capital Management (Europe) Limited.
By entering this Website, you acknowledge and agree to be bound by each of the Terms, together with any additional terms and conditions that apply to individual webpages, documents or other attachments contained within this Website (together, the "Conditions of Use"). If there are any Conditions of Use that you do not understand or agree with, you must leave this Website or the webpage in question (as applicable) immediately and delete immediately from the memory of your computer all documents from this Website.
1. About this Website:
The information on this Website is issued and communicated by ARIA Capital Management (Europe) (“ACME,” “we” and “us”), which is authorised and regulated by the Maltese Financial Services Authority (“MFSA”). This Website contains information about various umbrella funds (each an “Umbrella Fund” and together the “Umbrella Funds”) and their sub-funds (the “Funds”) which have been registered, or otherwise notified, for public distribution and marketing in the jurisdiction you hav.
Please note that the fact of such registration or notification does not mean that any regulator including the Maltese Financial Services Authority, (or the Central Bank of Ireland or any national regulator of your jurisdiction) has determined that the Funds are suitable for all or any investors.
The Funds referred to on this Website may not be suitable investments for you and you should therefore seek professional investment advice before making a decision to invest in any of the Funds.
2. Access to this Website:
In order to access this Website, you have been asked to select the jurisdiction which is applicable for the intended investment activities. Your selection will be used to determine the information that you will be able to access on this Website. You hereby represent and warrant to ACME that the information that you have provided is true, accurate and complete and you undertake to notify us of any change to such information. Failure to provide us with accurate information will be treated as a material breach of these Terms. Certain Funds may not be available in all geographical locations and so information about certain Funds may not be available to all users of this Website. You must not attempt to gain access to areas of this Website other than those made available to users in the jurisdiction you selected. If the jurisdiction you should select changes, you must access this Website selecting your new jurisdiction. You should be aware that this may result in you not being able to access (i) information in relation to the same Funds as previously, or (ii) any information at all. Please note that the fact of selecting a jurisdiction does not mean that all or any of the Funds in relation to which information is made available, have been deemed suitable for you.
When using this Website you must comply with all applicable local, national and international laws and regulations including those related to data privacy, international communications and exportation of technical or personal data. It may be unlawful to access or download the information contained on this Website in certain countries and the Umbrella Funds, ACME and its affiliates disclaim all responsibility if you access or download any information from this Website in breach of any law or regulation of the United Kingdom, the jurisdiction in which you are residing or domiciled or the jurisdiction from which you access the Website.
If you are acting as a financial adviser or intermediary, you agree to access this Website only for the purposes for which you are permitted to do so under applicable law. If you are acting as a financial adviser or intermediary and provide services to clients categorised as retail clients under MiFID, you agree that you will not share with or provide to your retail clients any information available on this Website that has not been approved for retail use and is not otherwise suitable for your retail clients.
ACME reserves the right to suspend or withdraw access to any page(s) included on this Website without notice at any time and accepts no liability if, for any reason, these pages are unavailable at any time or for any period.
3. No Market Timing:
You agree not to engage in any “market timing” practices with respect to your investment in any Fund and shall take all reasonable steps to ensure that no user authorised to access this Website on your behalf engages in any such market timing practices. For these purposes, “market timing” shall include engaging in any trading strategy with the intention of taking advantage of short term changes in market prices including (without limitation) by engaging in: (i) excessive trading, (ii) late trading or (iii) market abuse.
4. U.S. Persons:
Interests in the Funds are not being offered, and will not be sold, within the United States or to, or for the account or benefit of, any U.S. Person. The term U.S. Person shall have the meaning given to it in Regulation S under the United States Securities Act of 1933, as amended, and includes, among other things, U.S. residents and U.S. corporations and partnerships.
5. Selling Restrictions:
The distribution of the information and documentation on this Website may be restricted by law in certain countries. This Website, and the information and documentation on it, are not addressed to any person resident in the territory of any jurisdiction where such distribution would be contrary to local law or regulation. Not all the Funds in relation to which information is available on this Website are available in all geographical locations and so not all areas of this Website will be accessible to all users. The Funds are not available, and offering materials relating to them will not be distributed, to any person resident in any jurisdiction where such distribution would be contrary to local law or regulation.
6. No Investment Advice:
The information on this Website is provided for information only and on the basis that you will make your own investment decisions.
Nothing contained on this Website constitutes, and nothing on this Website should be construed as, investment advice or a recommendation to buy, sell, hold or otherwise transact in any investment including interests in the Funds. It is strongly recommended that you seek professional investment advice before making any investment decision.
The information on this Website does not take account of any investor's investment objectives, particular needs or financial situation. Investment in the Funds may not be suitable for you. In addition, nothing on this Website shall, or is intended to, constitute financial, legal, accounting or tax advice.
Unless agreed separately in writing with a client, ACME and its affiliates neither provide investment advice to nor receive and transmit orders from investors in the Funds nor do they carry on any other activities with or for such investors that constitute “investment services” or “ancillary services” for the purposes of MiFID.
You should consider whether an investment fits your investment objectives, particular needs and financial situation before making any investment decision. You should also inform yourself as to (a) the possible tax consequences, (b) the legal requirements and (c) any foreign exchange restrictions or exchange control requirements which you might encounter under the laws of the countries of your citizenship, residence or domicile and which might be relevant to the subscription, holding, transfer or disposal of interests in the Funds.
Any opinion, article, comment, financial analysis, market forecast, market commentary or other such information which is published on this Website is not binding on ACME or its affiliates.
7. Past Performance; Forecast; Simulation:
To the extent that this Website contains any information regarding the past performance and/or forecast of the Funds, such information is not a reliable indicator of future performance of these Funds and should not be relied upon as a basis for an investment decision.
To the extent that this Website contains any information regarding simulated past performance, such information is not a reliable indicator of future performance and should not be relied on as the basis for an investment decision. Investment results for each Fund may vary.
The value of investments and the income from them can go down as well as up and investors may not get back the amount originally invested and may lose all of their investment. The value of investments in the Funds may be affected by the price of underlying investments. Exchange rate changes may cause the value of overseas investments to rise or fall.
8. Price Information:
All prices or values may not reflect actual prices or values that would be available in the market at the time provided or at the time you may decide to purchase or sell an interest in a particular Fund.
9. Risk Warnings:
There are significant risks associated with an investment in any of the Funds. Investment in the Funds is intended only for those investors who can accept the risks associated with such an investment (including the risk of a complete loss of investment). You should ensure that you have fully understood such risks before taking any decision to invest.
These Terms do not represent a complete statement of the risk factors associated with an investment in the Funds. The offering documents for each Fund contain risk warnings which are specific to the relevant Fund. You should consider these risk warnings carefully and take appropriate investment advice before taking any decision to invest.
10. Offering Documents:
The terms of any investment in a Fund are governed by the documents establishing such terms. An application for interests in any of the Funds should only be made having fully and carefully read the offering documents, which are the relevant prospectus, key investor information document, the latest financial reports and any other offering documents for the relevant Fund which are available on this Website and upon request from the fund representative in your jurisdiction and specified in the prospectus for the relevant Fund.
It is your responsibility to use the offering documents and by making an application to invest in a Fund you will represent that you have read the prospectus for the relevant Fund, the appropriate key investor information document for the Fund and any other applicable offering document and will agree to be bound by its contents.
11. Information on this Website:
This Website, and the information on it, are provided for information purposes only and do not constitute an invitation, offer or solicitation to engage in any investment activity including to buy, hold or sell any investment including any interests in the Funds.
The information on this Website is provided in good faith and reasonable care has been taken to ensure that such information is accurate, current and fit for its intended purpose. To the extent that any information on this Website relates to a third party, this information has been provided by that third party and is the sole responsibility of such third party and, as such, ACME and its affiliates accept no liability for such information. No representation or warranty of any kind regarding the accuracy, adequacy, validity, completeness or timeliness of the information on this Website or the error-free use of this Website is given and, to the extent permitted by applicable laws, no liability is accepted for the accuracy or completeness of such information. No warranty of any kind, express or implied, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus is given in conjunction with the information, materials, products, and services on the Website. Any views expressed herein are those of the author(s), are based on available information, and are subject to change without notice. Individual portfolio management teams may hold different views and may make different investment decisions for different clients. ACME does not warrant that the Website will meet your needs. You agree to assume the entire risk as to your use of the Website. Any person who acts upon, or changes his investment position in reliance on information contained on this Website, does so entirely at his own risk. In the event of any inconsistency between the information on this Website and the terms of the relevant offering documents, the terms of the offering document shall prevail.
All content on the Website is subject to modification from time to time without notice save for any mandatory disclosure requirements. Please contact ACME (using the details in the “Contact Us” section below) for further information regarding the validity of any information contained on this Website. This Website and most of the documentation contained within it is provided in the English language and you represent and warrant that you understand the English language.
12. Conflicts of Interest:
ACME, its affiliates and their directors, officers, employees or clients may have or have had interests or long or short positions in any investment product or other financial instruments underlying any investment product referred to on this Website and may at any time make purchases and/or sales in them as principal or agent. In addition, and/or its affiliates may act or have acted as market maker in any investment product, or financial instruments underlying such investment product or entered into an arrangement to hedge the market risk associated with the investment products. The ARIA group has conflicts of interest policies in place which specify the procedures that they follow and the measures that they have adopted in order to avoid such conflicts or to manage such conflicts in a way that ensures fair treatment for clients.
13. Monetary Benefits:
You agree that we may, to the extent permitted by applicable laws and regulations, share charges or commission with affiliates of or introducers of business to ACME, or other third parties or professional advisers, or receive remuneration from them, in respect of transactions you carry out in relation to the Funds described on this Website. Where relevant, we may disclose such arrangements to you. Details of any such arrangements are available on request.
14. Liability:
No warranty is given that the contents of this Website are compatible with all computer systems or browsers or that this Website shall be available on an uninterrupted basis.
The internet is not a completely reliable transmission medium and none of the Umbrella Funds, ACME or any of its affiliates accept any liability for any data transmission errors such as data loss or damage or alteration of any kind or for the security or confidentiality of information transmitted across the internet to or from the Umbrella Funds, ACME or any of its affiliates. Any such transmission of information is entirely at your own risk and any material downloaded from this Website is downloaded at your own risk.
The information on this Website is provided “as is” and “as available”. To the extent permitted by law, no guarantee or representation, express or implied, is made as to the accuracy, validity, timeliness, completeness or continued availability of any information made available on the Website. The Umbrella Funds, ACME, its affiliates and each of their directors, officers, employees and/or agents expressly exclude all conditions, warranties, representations, and other terms which might otherwise be implied by statute, common law or the law of equity to the fullest extent permitted by applicable law or regulation.
In no event will the Umbrella Funds, ACME, or any of its affiliates be liable to any person for any direct, indirect, special or consequential damages, losses or liabilities arising out of any use of, or inability to use, this Website or the information contained on it including, without limitation, lost profits, business interruption, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line or system failure, loss of programs or data on your equipment or otherwise, even if the Umbrella Funds, ACME or its affiliates is expressly advised of the possibility or likelihood of such damages, losses or liabilities, unless such damages, losses or liabilities are due to the Umbrella Funds’, ACME’s or its affiliates’ negligence, wilful default, fraud or material breach of the Umbrella Funds’, ACME’s or its affiliates’ obligations under applicable law or regulation.
This does not affect the liability of the Umbrella Funds, , or its affiliates for any loss or damage which cannot be excluded or limited under applicable law.
15. Indemnification:
As a condition of your use of the Website, you agree to indemnify and hold the Umbrella Funds, ACME, and its affiliates, group entities and their respective partners, directors, employees, and agents harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to legal fees) arising from your use of the Website or from your violation of these Terms, as far and to the extent that you are responsible for such claims, losses, liability, costs, and expenses under Maltese law or other jurisdiction.
16. Intellectual Property:
The entire content of this Website is subject to copyright with all rights reserved. All materials on this Website are owned or licensed by the Umbrella Funds, ACME, its affiliates and/or its third-party providers and are protected by UK and international intellectual property laws. Unless otherwise indicated, all service marks, trademarks, and logos appearing on this Website are the exclusive property of the ACME group. You may not copy, display, distribute, download, license, modify, publish, repost, reproduce, sell, transmit, use to create a derivative work, or otherwise use for public or commercial purposes the content of this Website without the prior written permission of ACME.
17. Privacy:
Please see our privacy policy which is contained on this Website for information about how the ARIA group protects your personal data, including personal data collected through this Website. You will be asked to agree to the terms of our privacy policy when selecting your relevant jurisdiction.
18. Cookies:
When you visit this Website, a ARIA group company server will record your IP address together with the date, time, page visited and duration of your visit. Please note that the ARIA group uses cookies on this section of the Website. Cookies are small pieces of software that are issued to your computer or device and that store and sometimes track information about your use of the site. Cookies on this Website may collect a unique identifier, user preferences and profile information and membership information from which it is possible to identify individual users. The ARIA group also uses cookies to collect general usage and volume statistical information that does not include personally identifiable information. Some cookies may remain on the user’s computer after they leave this Website (these are known as persistent cookies). For more information about cookies including how to set your internet browser to reject cookies, please go to www.allaboutcookies.org or http://youronlinechoices.eu.
By using this Website, you agree that the ARIA group can place cookies on your device which collect the data and for the purposes described above and as further detailed in the Cookie Policy. If you delete cookies relating to this Website, we will not remember things about you, you will be treated as a first-time visitor the next time you visit this Website and we will not be able to tailor your experience of this Website.
The ARIA group has engaged one or more third party service providers to track and analyze usage and volume statistical information from visitors to this Website. The service provider(s) set cookies on behalf of the ARIA group. The ARIA group may re-associate the information provided by the technologies directly above with other personal information we hold about you. By using this Website, you agree that third parties can place cookies on your device as described above.
19. Your use of this Website:
You must not use this Website (or permit or procure others to use it) as follows:
• for any unlawful, improper or illegal purpose or activity;
• to communicate or receive information that is obscene, indecent, pornographic, sadistic, cruel, or racist in content, of a sexually explicit or graphic nature, which promotes or incites discrimination, hatred or racism or which might be legally actionable for any reason;
• in a manner intended to threaten, harass, or intimidate;
• to violate ACME’s or any third party's copyright, trademark, proprietary or other intellectual property rights;
• to damage ACME’s name or reputation or that of ACME’s affiliated companies or any third parties;
• to impersonate any of ARIA’s employees or other person or use a false name while using this Website or implying an association with ARIA;
• to penetrate ACME’s security measures or other entities' systems ("hacking");
• to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or redirect email intended for others using this Website;
• to generate excessive amounts of internet traffic, to interfere with ACME’s network or other’s use of this Website or to engage in activities designed to, or having the effect of, degrading or denying service to other users of this Website or others;
• to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into this Website or any other entity’s systems and it is your responsibility to ensure that whatever you download or select for your use from this Website is free from such items;
• to post or transmit information that is defamatory, fraudulent or deceptive including, but not limited to, scams such as "make-money-fast" schemes or "pyramid/chain" letters; and/or
• to transmit confidential or proprietary information, except solely at your own risk.
20. Linked Websites:
Links to websites operated by third parties are provided for information only and do not constitute any form of advice, endorsement or recommendation of such websites or the material on them. ACME will not regularly review such third party websites or the material on them. However, if ACME notices, or is notified, of any such third-party content to cause a private or criminal responsibility, ACME will review such linked content and delete the relevant link if such content would cause private or criminal responsibility. Please note that when you click on any external site hypertext link you will leave this Website. You should review the privacy statements of such websites before you provide any personal or confidential information.
21. Website Security and Restrictions on Use:
As a condition to your use of this Website, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any other user of this Website; (iii) probe, scan, or test the vulnerability of this Website or ARIA’s network or breach security or authentication measures without proper authorisation; (iv) attempt to interfere with service to any user, host, or network or otherwise attempt to disrupt our business; or (v) send unsolicited mail, including promotions and/or advertising of products and services. Unauthorised use of the Website, including but not limited to unauthorised entry into ARIA’s systems or misuse of any information posted to a web site, is strictly prohibited.
22. Amendment:
ACME may delete or make changes to these Terms and to the information contained on this Website at any time. Where such amendments are made, you will be required to accept any such changes in order and prior to continue to use the Website. If you do not accept such revised Terms, you may no longer be able to access this Website. If any provision of these Terms is found by any court or authority of competent jurisdiction to be illegal, void or invalid under the laws of any jurisdiction, the legality, validity or enforceability of the remainder of these Terms in that jurisdiction shall not be affected and the legality, validity and enforceability of the whole of these Terms in any other jurisdiction shall not be affected.
23. Third Parties:
The Umbrella Funds, ACME, and its affiliates shall have the benefit of the rights conferred on them by these Terms but otherwise no person who is not a party to these Terms may enforce its terms under the Contracts (Rights of Third Parties) Act 1999.
24. Applicable Law:
These Terms and any non-contractual obligations arising from or connected with them shall be governed by, and these Terms shall be construed in accordance with, the laws of England and Wales.
25. Jurisdiction:
You agree that the English courts shall have exclusive jurisdiction in relation to any legal action or proceedings arising out of or in connection with these Terms (whether arising out of or in connection with contractual or non-contractual obligations) (“Proceedings”) and waive any objection to Proceedings in such courts on the grounds of venue or on the grounds that Proceedings have been brought in an inappropriate forum. You further agree that this paragraph operates for the benefit of the Umbrella Funds, or ACME and accordingly the Umbrella Funds, or ACME shall be entitled to take Proceedings in any other court or courts having jurisdiction.
26. About ACME and the Umbrella Funds:
Aria Capital Management (Europe) Limited is licensed by the Maltese Financial Services Authority with its registered address at The Hub, Triq Sant ’Andrija, San Gwann, SGN 1612 under Malta Registration number C 26673.
Absolute Return Investment Advisers (ARIA) Ltd is authorised and regulated by the Financial Conduct Authority, under reference 527575, with its registered office at Building 2, Ground Floor, Guildford Business Park, Guildford, GU2 8XG.
ARIA SICAV P.L.C. (the “Company”) a self-managed open-ended collective investment scheme organized as a multi-fund public limited liability company with variable share capital registered under the Laws of Malta and licensed by the Malta Financial Services Authority in terms of the Investment Services Act (Chapter 370 of the Laws of Malta). The Company qualifies as a self-managed „Maltese UCITS‟ in terms of the Investment Services Act (Marketing of UCITS) Regulations 2011.
ARIA SICAV PLC (including each of its sub-funds) is licensed as a collective investment scheme by the Malta Financial Services Authority under the Investment Services Act (cap. 370, laws of Malta) and qualifies as a „Maltese UCITS‟ in terms of the Investment Services Act (Marketing of UCITS) Regulations, 2011 (S.L. 370.18 laws of Malta).
27. Contact Us:
If you have any enquiries in relation to this Website or the information on it, please contact us at funds.enquiry@ariacm.com
Effective as of 1st September 2022