Vive Custody B.V. Depository Regulations

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Repository Regulations

Vive Custody B.V.

1. How does the Vive Invest Depository work?

1.1 Below, we explain how the Vive Custody B.V. Depository (“Depository”) works. This Depository belongs to Vive Invest but is legally separated into a B.V. We do this to secure your Securities and funds if Vive Invest unexpectedly goes bankrupt. That is also required by law.

1.2 The drawing below shows who does what. There is an explanation at the bottom of the drawing

Explanation:

1. You have concluded an asset management agreement with Vive Invest.
2. You have concluded an agreement with Vive Invest and the Depository under which the Depository is the legal owner and you are the economic owner of the financial instruments. The Depository administers and takes custody of the Securities in its own name, but for your account and risk. You obtain a claim in Securities on the Depository.
3. The Depository ensures that Vive Invest complies with the rules of asset separation: in the event of Vive Invest's bankruptcy, the investments do not belong to Vive Invest's estate.
4. The Depositary purchases Securities (on your behalf) directly in certain Funds or issuers.

2. Your appointments with the Depository

2.1 These Rules contain the agreements that apply between you, Vive Invest and the Depository.

2.2 The agreements between you and Vive Invest are set out in the Customer Agreement (and the terms and documents stated therein). These Regulations are part of the Customer Agreement.

2.3 Vive Invest guarantees that the Depository fulfills its obligations to all Customers. For this reason, Vive Invest is a party to these Regulations.

3. What does the Depository do for you?

3.1 Vive Invest uses the Depository to separate your assets from its assets. If Vive Invest goes bankrupt, your Investments and Securities will remain outside Vive Invest's bankruptcy.

3.2 If Vive Invest invests for you, the Depository buys or sells Securities.

3.3 The Depository only does this at the request of Vive Invest. The Depository does not manage your Investments. That's what Vive Invest does. The money that Vive Invest invests for you comes from your Investment Account.

3.4 The Securities are (legally owned) by the Depository. The Securities are in the name of the Depository. For this purpose, the Depository has a securities account with a bank.

The Depository also does this for other Customers. That account of the Depository with the bank therefore contains all the Securities of all Customers of the Depository.

3.5 You get Investments. These are claims against the Depository denominated in financial instruments within the meaning of the Financial Supervision Act. These claims are expressed exclusively in the entirety of the Securities.

3.6 The Depository ensures that all its Securities are equal in value to all Investments.

3.7 Your Investments are administered in the Investment Account that you hold with Vive Invest.

3.8 You cannot ask the Depository to purchase or sell Investments. Only Vive Invest can do that. Vive Invest buys and sells for you as agreed in the Customer Agreement.

3.9 You can request the extradition of Investments or Securities to the Depository or Vive Invest in writing. Vive Invest charges a fee for this.

4. Voting rights

4.1 Issuers hold regular - usually once a year - investors' meetings where they can vote. The Depository is the legal owner of the Securities and, in that capacity, has voting rights. The Depository will not exercise its voting rights in investor meetings. As a Customer, you can ask the Depository to grant a voting proxy via Vive Invest so that you can vote on your Securities yourself. To exercise this voting proxy, please contact Vive Invest at support@viveapp.com.

4.2 The Depository is not required to exercise voting rights in Securities.

5. Dividend

5.1 Does an issuer pay dividend/coupon in cash? Then Vive Invest will instruct the Depository to reinvest this dividend in accordance with your investment mandate. The Investments resulting from this dividend will then be credited to your Investment Account.

5.2 Does an issuer pay dividend/coupon in Securities? Then that dividend will be credited to your Investment Account in the form of Investments.

5.3 Does an issuer of its choice pay dividend/coupon in cash or Securities? Then Vive Invest will instruct the Depository to opt for Securities. The Investments are credited to your Investment Account.

6. Responsibility for investment losses and damage

6.1 The Depository is liable for any damage suffered by you, insofar as that damage is the result of culpable failure to comply with the Depository's obligations to you.

6.2 Vive Invest guarantees to you that the Depository complies with its agreements in these Regulations.

6.3 The Depository and Vive Invest are not responsible for damage caused by an issuer's failure to comply with its agreements with its own investors (including the Depository).

7. When do these Rules end?

7.1 These Rules (your legal relationship with the Depository) terminate at the same time as the Customer Agreement between you and Vive Invest ends. Are you cancelling the Customer Agreement with Vive Invest? Then you will also cancel your appointments with the Depository Institution.

7.2 Not only can you terminate these Rules (your legal relationship with the Depository); it is part of the Customer Agreement.

7.3 If the Customer Agreement ends, the Depository will still carry out all (any) orders given by Vive Invest. These are current orders or orders that are necessary to complete the asset management carried out for you. In addition, the agreements in these Regulations remain valid.

7.4 When the Depository stops, Vive Invest will look for a replacement. The Depositary may have its legal relationship with you taken over by a new company (contract takeover).

You already agree to this replacement and/or contract takeover.

8. Changes and additions to the Regulations

8.1 The Depositary may change or supplement these Regulations in whole or in part at any time. An adjustment will only take effect if you have received an email about it.

8.2 Does a change or addition affect you? Then this adjustment will only take effect 1 month after Vive Invest (on behalf of the Depository) has announced this change. Within this month, you can terminate the Customer Agreement with Vive Invest. How to do this is described in the terms and conditions.

Definitions

In these regulations, we use terms. These terms are expressed with a capital letter.

• Investments: Customer's claims against the Depository, denominated in Securities.
• Depository: The Depository Vive Custody B.V., with its registered office in Amsterdam.
• Investment Account: An Investment Account in the Client's name with Vive Invest where investments are administered.
• Securities: Financial instruments that the Depository holds in its own name but on behalf of the Customer.
• Funds: Investment funds or other institutions in which Vive Invest invests for you.
• Customer: A customer who has opened an Investment Account with Vive Invest and has concluded a Customer Agreement with Vive Invest.
• Vive Invest: Vive Invest is based in Amsterdam.
• Regulations: These Regulations for Depository Institutions Vive Custody B.V.
• Customer Agreement: The agreement under which Vive Invest manages your Securities (Asset Management).