DIRECT CLAIMANT INFORMATION
Direct Claimants must document their eligible transaction volume using their own records, and submit those records to the Claims Administrator. Documentation should be from one or more of the following sources:
- (a) confirmations by individual trade;
- (b) transaction reports or statements;
- (c) trading venue transaction reports or statements;
- (d) prime broker reports or statements;
- (e) custodian reports or statements;
- (f) daily or monthly account statements; or
- (g) other documents evidencing transactions in the FX Market.
INDIRECT CLAIMANT INFORMATION
Indirect Claimants must use their own records to document their holdings of Investment Vehicles available in Canada that entered into FX Instruments, and submit those records to the Claims Administrator.
Indirect Claimants will receive a payment based on the cumulative value of their investments over the Class Period, as provided in the chart below:
|Less than $100000||$20|
|Over $100000 but less than $1000000||$50|
|Over $1000000||$50 plus $1 per $10000 in excess of the first $1000000|
Acceptable documentation includes, but is not limited to:
- (a) account statements;
- (b) print outs of online account balances;
- (c) trade confirmation reports; and
- (d) any other document that shows the value of an Investment Vehicle.
An Indirect Claimant's Peak Investment is their largest Peak Investment during the Class Period. Consequently, to prove a claim, an Indirect Claimant need only produce documentation pertaining to any single month during the Class Period, and Indirect Claimants do not have to provide documentation for all Class Period transactions. For example, an Indirect Claimant who held a Peak Investment of $50,000 on January 1, 2003 and a Peak Investment of $150,000 on December 31, 2013 need only produce documentation pertaining to December 2013.Investment Vehicle means any investment entity or pooled investment fund, including, but not limited to, mutual fund families, exchange- traded funds, fund of funds and hedge funds, in which a Defendant has or may have a direct or indirect interest, or as to which its affiliates may act as an investment advisor, but of which a Defendant or its respective affiliates is not a majority owner or does not hold a majority beneficial interest. For the purposes of Indirect Claims, the definition of “Investment Vehicles” is not limited to those in which a Defendant has or many have a direct or indirect interest.
The Claims Administrator will determine if the Indirect Claimant’s holdings are included on a list of Investment Vehicles available in Canada that entered into FX Instruments. Such list of Investment Vehicles is available here. If the investment is not on the list, then the Claims Administrator will notify Class Counsel who will confirm the claims should be denied for that reason, or whether the investment should be added to the list.