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proper form as described in the Authorized Participant Agreement or if the fulfillment of the order, in the opinion of counsel, |
might be unlawful. None of the Trustee, the Sponsor or the Custodian will be liable for the rejection of any purchase order or |
Creation Basket Deposit. Redemption |
Procedures The |
procedures by which an Authorized Participant can redeem one or more Baskets will mirror the procedures for the creation of Baskets. |
On any business day, an Authorized Participant may place an order with the Trustee to redeem one or more Baskets. Redemption orders |
must be placed no later than 3:59:59 p.m. on each business day the NYSE Arca is open for regular trading. In the event of a level |
3 market-wide circuit breaker resulting in a trading halt for the remainder of the trading day, the time of the market-wide trading |
halt is considered the close of regular trading and no redemption orders for the current trade date will be accepted after that |
time (the “cutoff”). Orders placed after the cutoff will be deemed to be rejected and will not be processed. Orders |
should be placed in proper form on the following business day. A redemption order so received is effective on the date it is received |
in satisfactory form by the Trustee. The redemption procedures allow Authorized Participants to redeem Baskets and do not entitle |
an individual Shareholder to redeem any Shares in an amount less than a Basket, or to redeem Baskets other than through an Authorized |
Participant. By |
placing a redemption order, an Authorized Participant agrees to deliver the Baskets to be redeemed through DTC’s book entry |
system to the Trust not later than the second business day following the effective date of the redemption order. Prior to the |
delivery of the redemption distribution for a redemption order, the Authorized Participant must also have wired to the Trustee |
the non-refundable transaction fee due for the redemption order. 14 Determination |
of redemption distribution The |
redemption distribution from the Trust consists of a credit to the redeeming Authorized Participant’s Authorized Participant |
Unallocated Account, either loco London or loco Zurich, representing the amount of the gold held by the Trust evidenced by the |
Shares being redeemed. Fractions of a fine ounce of gold included in the redemption distribution smaller than 0.001 of a fine |
ounce are disregarded. Redemption distributions will be subject to the deduction of any applicable tax or other governmental charges |
which may be due. Delivery |
of redemption distribution The |
redemption distribution due from the Trust will be delivered to the Authorized Participant on the second business day following |
a loco Zurich redemption order date if, by 10:00 a.m. New York time on such second business day, the Trustee’s DTC account |
has been credited with the Baskets to be redeemed. The redemption distribution due from the Trust will be delivered to the Authorized |
Participant on or before the fifth business day following a loco London redemption order date if, by 10:00 a.m. New York time |
on the second business day after the loco London redemption order date, the Trustee’s DTC account has been credited with |
the Baskets to be redeemed. If a loco swap or physical transfer is necessary to effect a loco London or loco Zurich redemption, |
the redemption distribution due from the Trust will be delivered to the Authorized Participant on or before the fifth business |
day following such a loco London or loco Zurich redemption order date if, by 10:00 a.m. New York time on the second business day |
after the loco London or loco Zurich redemption order date, the Trustee’s DTC account has been credited with the Baskets |
to be redeemed. In the event that, by 10:00 a.m. New York time on the second business day following the order date of a redemption |
order, the Trustee’s DTC account has not been credited with the total number of Shares corresponding to the total number |
of Baskets to be redeemed pursuant to such redemption order, the Trustee shall send to the Authorized Participant and the Custodian |
via fax or electronic mail message notice of such fact and the Authorized Participant shall have two business days following receipt |
of such notice to correct such failure. If such failure is not cured within such two business day period, the Trustee (in consultation |
with the Sponsor) will cancel such redemption order and will send via fax or electronic mail message notice of such cancellation |
to the Authorized Participant and the Custodian, and the Authorized Participant will be solely responsible for all costs incurred |
by the Trust, the Trustee or the Custodian related to the cancelled order. The Trustee is also authorized to deliver the redemption |
distribution notwithstanding that the Baskets to be redeemed are not credited to the Trustee’s DTC account by 10:00 a.m. |
New York time on the second business day following the redemption order date if the Authorized Participant has collateralized |
its obligation to deliver the Baskets through DTC’s book entry system on such terms as the Sponsor and the Trustee may from |
time to time agree upon. The |
Custodian transfers the redemption gold amount from the Trust Allocated Account to the Trust Unallocated Account and, thereafter, |
to the redeeming Authorized Participant’s Authorized Participant Unallocated Account. The Authorized Participant and the |
Trust are each at risk in respect of gold credited to their respective unallocated accounts in the event of the Custodian’s |
insolvency. See “Risk Factors—gold held in the Trust’s unallocated gold account and any Authorized Participant’s |
unallocated gold account is not segregated from the Custodian’s assets....” As |
with the allocation of gold to the Trust Allocated Account which occurs upon a purchase order, if in transferring gold from the |
Trust Allocated Account to the Trust Unallocated Account in connection with a redemption order there is an excess amount of gold |
transferred to the Trust Unallocated Account, the excess over the gold redemption amount will be held in the Trust Unallocated |
Account. The Custodian uses commercially reasonable efforts to minimize the amount of gold held in the Trust Unallocated Account; |
no more than 430 fine troy ounces of gold (maximum weight to make one London Good Delivery Bar) is expected to be held in the |
Trust Unallocated Account at the close of each business day. 15 Suspension |
or rejection of redemption orders The |
Trustee may, in its discretion, and will when directed by the Sponsor, suspend the right of redemption, or postpone the redemption |
settlement date, (1) for any period during which the NYSE Arca is closed other than customary weekend or holiday closings, or |
trading on the NYSE Arca is suspended or restricted or (2) for any period during which an emergency exists as a result of which |
delivery, disposal or evaluation of gold is not reasonably practicable. None of the Sponsor, the Trustee or the Custodian are |
liable to any person or in any way for any loss or damages that may result from any such suspension or postponement. The |
Trustee will reject a redemption order if the order is not in proper form as described in the Authorized Participant Agreement |
or if the fulfillment of the order, in the opinion of its counsel, might be unlawful. Creation |
and Redemption Transaction Fe e To |
compensate the Trustee for services in processing the creation and redemption of Baskets, an Authorized Participant is required |
to pay a transaction fee to the Trustee of $500 per order to create or redeem Baskets. An order may include multiple Baskets. |
The transaction fee may be reduced, increased or otherwise changed by the Trustee with the consent of the Sponsor. From time to |
time, the Trustee, with the consent of the Sponsor, may waive all or a portion of the applicable transaction fee. The Trustee |
shall notify DTC of any agreement to change the transaction fee and will not implement any increase in the fee for the redemption |
of Baskets until 30 days after the date of the notice. The |
Sponsor The |
Trust's Sponsor is abrdn ETFs Sponsor LLC (known as Aberdeen Standard Investments ETFs Sponsor LLC prior to March 1, 2022 and |
ETF Securities USA LLC prior to October 1, 2018), a Delaware limited liability company formed on June 17, 2009. The |
Sponsor’s office is located at c/o abrdn ETFs Sponsor LLC, 1900 Market Street, Suite 200, Philadelphia, PA 19103. Prior |
to April 27, 2018, the Sponsor was wholly-owned by ETF Securities Limited, a Jersey, Channel Islands based company. Effective |
April 27, 2018, ETF Securities Limited sold its membership interest in the Sponsor to abrdn Inc. (known as Aberdeen Standard Investments |
Inc. prior to January 1, 2022), a Delaware corporation. As a result of the sale, abrdn Inc. became the sole member of the Sponsor. |
abrdn Inc. is a wholly-owned indirect subsidiary of abrdn plc, which together with its affiliates and subsidiaries, is collectively |
referred to as “abrdn.” Under the Delaware Limited Liability Company Act and the governing documents of the Sponsor, |
the sole member of the Sponsor, abrdn Inc., is not responsible for the debts, obligations and liabilities of the Sponsor solely |
by reason of being the sole member of the Sponsor. The |
Sponsor’s Role The |
Sponsor arranged for the creation of the Trust, and is responsible for the ongoing registration of the Shares for their public |
offering in the United States and the listing of the Shares on the NYSE Arca. The Sponsor has agreed to assume the following administrative |
and marketing expenses incurred by the Tru the Trustee’s monthly fee and out-of-pocket expenses, the Custodian’s |
fee and the reimbursement of the Custodian’s expenses under the Custody Agreements, Exchange listing fees, SEC registration |
fees, printing and mailing costs, audit fees and up to $100,000 per annum in legal expenses. The Sponsor also paid the costs of |
the Trust’s organization and the initial sale of the Shares, including the applicable SEC registration fees. 16 The |
Sponsor does not exercise day-to-day oversight over the Trustee or the Custodian. The Sponsor may remove the Trustee and appoint |
a successor Trustee (i) if the Trustee ceases to meet certain objective requirements (including the requirement that it have capital, |
surplus and undivided profits of at least $150 million), (ii) if, having received written notice of a material breach of its obligations |
under the Trust Agreement, the Trustee has not cured the breach within 30 days, or (iii) if the Trustee refuses to consent to |
the implementation of an amendment to the Trust’s initial Internal Control Over Financial Reporting. The Sponsor also has |
the right to replace the Trustee during the 90 days following any merger, consolidation or conversion in which the Trustee is |
not the surviving entity or, in its discretion, on the fifth anniversary of the creation of the Trust or on any subsequent third |
anniversary thereafter. The Sponsor also has the right to approve any new or additional custodian that the Trustee may wish to |
appoint and any new or additional Zurich Sub-Custodian that the Custodian may wish to appoint. The |
Sponsor or one of its affiliates or agents (1) develops a marketing plan for the Trust on an ongoing basis, (2) prepares marketing |
Subsets and Splits