Bits, Bytes and Base Pairs
Executive Summary
AI’s ‘mania’ by some measures already dwarfs that of the 2000’s TMT bubble;
Introduction
In one of humanity’s first visions of modernity, those who bore witness found it discomfiting. In 1830, the first passenger railway was constructed between Liverpool and Manchester – a feat of engineering which required an act of Parliament. So unprepared and unfamiliar society was with what the prospects of George Stephenson’s rocket train held in store for it, the inauguration ceremony itself served as a harrowing and gruesome episode. William Huskisson, a Member of Parliament for Liverpool and the Prime Minister himself, having misjudged the speed of approach, failed to alight the tracks quickly enough, and was killed underneath the wheels of the locomotive.
That however did not stop the rapid ascent of the railway. Forecast to carry 250 passengers per day, within a month, the number was 5 times that. The 1830’s witnessed a mini boom in railway construction. Thereafter the UK government sought to add fuel to the fire and put forwards the Railway Regulation Act of 1945. Within the confines of an otherwise flatlining stock market, railway stocks went on a tear, accounting for nearly two thirds of the stock market’s capitalisation*. Of course, within a year, railways stocks found the air a little too thin, and the market generally gave way to a significant collapse.
Much ink has been spilled on the AI boom, and the whilst the UK railway bubble certainly has some parallels, it would be a stretch to suggest that it provides a case study for the current environment. That said, AI stocks are in a rarified space and it would be too easy to misjudge the velocity of artificial intelligence’s approach and its likely profound implications.
For now though, as it oft the way, the move may have gotten ahead of itself. Just this past week, the Felder Report is on record, acutely, at drawing attention to the following: NVidia has added over 1trn USD of market capitalisation during the last 32 trading days, let’s round that off at 6 weeks, whilst it took the venerated Mr Warren Buffett, one of the most successful investors of all time, nearly 60 years to see Berkshire Hathaway to register the same market cap.
Of course, market structures and the prevalence of Exchange Traded Funds have a huge bearing on this. The ‘passive investing’ trends unthinkingly directs monies to shares to buy in proportion to the index and by definition, it becomes self-perpetuating. As Nvidia grows in market capitalisation, so does its size in the index, and hence more ETF flows are shovelled toward it. Telsa was the poster boy of a more recent time and since lost traction. To give credit where it is due, Nvidia has at least posted some spectacular earnings in recent quarters, which has justified much of the advance – that was not quite the case with Tesla, and the rose has come off its bloom a little in the absence of supporting financial performance.
To what degree are we witnessing a ‘mania’? By some historical benchmarks, such as valuation metrics, the AI bubble is bigger than its TMT brethren in 2000. AI companies have raised billions, and have spent billions on a capex cycle, creating the demand for Nvidia’s chips. As we stand, many are still awaiting a product to match the capital committed to date.
Chart 1: 2024’s AI mini boom now outshines the TMT boom of 2000
Source: Bloomberg, Apollo Chief Economist, ARIA
Habitually, bull markets aren’t assassinated – it is less often the case that demand fails away and bursts the bubble, rather the air more gently dissipates as supply of the goods or service of that particular section in question increases. Next year is slated to see some significant listings of private equity tech behemoths, such as Elon Musk SpaceX, Stripe and Databricks and inevitably of course, others will catch up to Nvidia increasingly the choice of chips.
Cross currents in the market’s muddy waters
Most investors of course, perhaps the average investor, will have exposure to technology and have benefitted year to date. That said, the average stock has fared less well. Whilst most large cap equities have posted returns, smaller companies, such as those of the Russell 2000 not so much – returning a meagre 0.15% in 2024 at the time of writing. Perhaps that is a better read on the economy than the mini AI Boom and extended semi-conductor prices.
We are seeing increasing weakness in labour markets, and retails sales in particular, which are often considered a leading indicator of economies’ performances. For example, the Bloomberg Business Cycle Surprise Index has given off very dovish reads lately. That’s to say that economic results have become consistently underwhelming relative to expectations.
Chart 2: Economic Surprises have been to the downside in the last quarter
Source: Bloomberg, ARIA
Jobs numbers in the US though seem to have held off the doomsayers, with headline numbers consistently fairing well, although that would not appear to tell the whole story.
Again, Bloomberg in drawing on data from Homebase, a small US business payroll company, showed that the non-farm payroll numbers have perhaps over inflated numbers, given the assumptions made in their business birth/death rates. If these were adjusted for, headline jobs numbers would be of a much paler complexion.
We shouldn’t be surprised though, if having worked through the pandemic’s supply chain disruptions, we see a cyclical slowdown in housing. Moreover, real retail sales continue to slow – May came in at 0.1% in real terms, April was revised down by 0.2% and hence four of the last five counts have seen negative year-on-year growth. Historically, consumption leads employment, and the real retail sales numbers portend slowing employment data over the coming months. That in itself is not necessarily a concern for investors – a softening of jobs may simply continue to soften further inflation’s tailwinds, which could embolden the US Federal Reserve to cut rates. The UK’s Bank of England are currently on hold, and the European Central Bank made a pre-emptive cut. Should the pace of lay offs increase markets will take heed, but we are not there as yet.
In fact, there’s some economic evidence to fit every narrative. For those in the ‘higher for longer camp’, (higher interest rates will prevail and anticipated interest rate cuts do not materialise this year), recent Purchasing Manager’s Index (PMI) data is grist to their mill.
The most recent PMI report, (which takes the temperature of the purchasing/capex plans of corporates procurement departments) and the leading index of the US Conference Board’s LEI Index could be said to paint a different picture.
In respect of PMI’s, a reading above 50 indicates expansion and below that threshold economic contraction. In the most recent report, the composite PMI that combines both hit 54.6, which is a 26-month high. The chart below plots the composite PMI along with GDP growth and perhaps it has turned again for the better.
Chart 3: S&P Global Flash US PMI vs gross domestic product (GDP)
Source: S&P Global PMI, Bureau of Economic Analysis via S&P Global Market Intelligence, ARIA
Moreover, the US Conference Board’s index also seems to corroborate PMI’s ‘green shoots’. In markets, it is often not the ‘number’ that matters, rather than rate of change of that number, and as we see below, the year-over-year change is still accelerating off a negative level, which historically is the strongest regime for forward stock returns.
Chart 4: Has LEI turned a corner, setting the scene for further late cycle growth or flattering to deceive?
Source: The Conference Board, ARIA
Quad Positioning
Both of these data points inform our forwards looking macro regime investing approach – whereby we determine which of the four quads or market regimes – goldilocks, reflation, deflation or decline, best describe the current market conditions. In doing so, we pay particular attention to liquidity (the availability of money or credit as fuel for both markets and the real economy), economic growth – specifically the direction of travel going forwards and finally, inflation.
We then reflect in our portfolio’s, asset allocations sympathetic to which quad we sit in. Each quad as you can see below has historically favoured certain assets. That’s to say in a reflationary regime, with higher growth and higher inflation, portfolios will lean into assets such as miners, infrastructure or real economy investments that benefit from an upturn in growth.
In a ‘goldilocks’ environment, where growth maybe slowing, yet inflation is under control, companies that can generate earnings irrespective of a flatlining environment outperform – that would be technology or even utility companies frequently. Year to date, as we have seen falling inflationary pressures, our regime based views have meandered between ‘goldilocks’ and ‘reflation’.
Figure 1: Market Regime Summary
Quad Regime
Global Regime : Goldilocks
Goldilocks, which is a risk-on regime, in which investors are generally rewarded for having riskier rather
than defensive assets, as economies are accelerating.
Goldilocks Portfolio Characteristics:
Risk Assets | > Defensive Assets |
Low Beta | > High Beta |
Defensives | > Cyclical Assets |
Value | > Growth |
Large Caps | > Small Caps |
DM | > EM |
Corporate Bonds | > Governments |
Agricultural | > Energy > Industrial |
Gold | > USD > FX |
Liquidity
Whilst central banks have been reducing their post pandemic bloated balance sheets, it has been for governments and fiscal policy to do the heavy lifting. In fact, as a percentage of GDP, we’re now back to pre-COVID levels, although massive infrastructure spend has offset the removal of central bank’s monetary support, and kept nominal growth upbeat.
Chart 6: US Federal Reserve Balance Sheet as Percentage of GDP
Source: Bloomberg, ARIA
Growth
Perhaps something that has eluded many, this economic expansion is underpinned by growth in personal income. We have become so anaesthetised with credit led expansions (that is to say economic growth which is fuelled by easy money provided by quantitative easing measures), many aren’t familiar with 5% nominal GDP growth, which is fiscally led – i.e. driven by the public purse. Quantitative easing often shows up in share prices, but not main street. So to see growth which is not driven by credit expansion, but an increase in personal spending is a (welcome) change from the post GFC period.
Inflation
Throughout 2024, inflation has generally trended down, and whilst any fall will always be more vertiginous from 7% to 4%, the move from 4% to 2.5% should be tougher sledding. We believe that the central banks globally have already accepted that ‘3% is the new 2%’, whilst will be to slow to acknowledge that) and the baseline level of inflation is generally higher going forwards. But whilst the major components of inflation, housing and energy prices remain anchored, we would suggest markets have already priced in the implications of 3% inflation levels as the new ‘given’. As we stand at least, the global economy hasn’t yet been bowed by higher rates.
Asset Allocation Views
Asset Class | Short-Term View | Long Term View |
DM Equities | Another week in US indices closing at record highs, and Nasdaq and S&P500 are now 2 standard deviations away from the usual moving averages. Internals suggest though we have seen perhaps a short-term top. | Still favour ex-US in developed markets, Europe, Asia given valuations, and US performance disguised by AI boom. US exceptionalism has run its course. During any risk off move, monies could head to Wall Street out of EM for example. |
EM Equities | Ex-China, consistent with other potential cracks appearing, emerging markets seem to have hit resistance. Unlikely to resist an economic soft patch here. | China perhaps is one of the more interesting equity markets in the medium term, having had a decade long washout. Other emerging markets though, consistent with their poor currency performance |
Property | Heavy legged for the last 18 months, REITs have offered a yield but little by way of capital appreciation. No visible short term catalyst in current market conditions. | There has already been significant falls in commercial real estate, yet leverage still remains high in the sector. Data centres remain a bright spot, so being sector specific is important. |
Corp. Credit | Short term, European corporate bonds under significant pressure as markets digest the rise of the right in France if not Europe more broadly. | With spreads still very tight, and yields offering little over what short term money market funds offer, better entry points should eventuate. |
Govt Bonds | Yields ranging a little, although bond markets at the shorter end appear ready to continue to move higher in sympathy with weaker data. | Headline retail data, and housing data in the US has continued to weaken, suggesting that bonds could regain their poise. It is simply the core PCE (inflation) data that being ‘sticky’ continues to have investors cautious at the longer end. |
Precious Metals | Conflicting data and hence delayed interest rate cuts have meant significant intra month volatility. However, all said Silver trades within spitting distance at 30 USD of where it began the month. | Medium term, precious metals seem set to continue their bull market as ultimately central banks cut rates once more. We believe these to be strong markets for the medium term, but more ‘chop’ required until some of the late to the party investors are washed out. |
Commodities | Potentially we have found a short term bottom in commodities. A genuine concern is that there is no ‘geopolitical premium’ currently priced into Oil, given what could be considered febrile conditions. | A textbook bull market requires both constrained supply and rising demand. Major mining companies remain reluctant to commit to large projects, given higher rates and uncertain and hence supply side issues will ultimately come to the fore once more. |
Volatility | Essentially it remains moribund – being 380 trading sessions since the SPX sold off more than 2.05%. | At these levels, buying volatility exposure (read: insurance) to cover inevitable volatility surrounding November’s election seems sensible. |
Trend Following Strategies | YTD the SG trend index remains up circa 7%% (til EOM May), the month was choppy with some trends reversing. That said, our portfolio holding for this asset class is up over 21% YTD. | Sharp reversals in agriculture and metals, have cause some gains to be given up, although trending strategies have been long these moves for some time. The trending environment would be considered ‘average’ at this point. |
Digital Assets | It is perhaps somewhat surprising that with stocks making new highs, BTC has yet too. Like most markets it has traded sideways for a while looking for direction. A case can be made for a breakout in either direction, although a general case of ‘risk off’ going into the election would be a headwind. | Bitcoin’s rally usually begins after the halvening, yet this time around investors seem to have anticipated it beforehand and the rally has been had. Bitcoin is a lightning rod for liquidity, there are signs at the margin that ‘new liquidity’ is yet to be added to the markets (read: government / central bank stimulus, although China may change that. |
Cash | Whilst the interest rate narrative of higher for longer remains in place, US Dollars still offer a very competitive return for short term monies. | Whilst markets remain elevated, cash remains ‘dry powder’ for more attractive entry levels. |
Sectornomics: Getting the Band back Together
In June, we witnessed a significant stock market correction in European banks – falling over 9% in a week. French bonds have underperformed both Spanish and Italian bonds over the past year. Concerns that a populist agenda may mean France abandons any fiscal restraint promptly pushed yields to rise. In fact, the extent of the reaction in financial markets is consistent with one where participants are once more beginning to question the prudence of the European project. We could point to previous commentaries in 2012, (memorably The Eurogroan’), where we underlined that one interest rate, perhaps still largely set by or for the Germans, did not necessarily sit comfortably for all 27 separate, differentiated economies. The EU’s objectives are noble, but it is difficult to centralise a monetary policy unless substantiated by a centralised tax collecting authority, which is still not the case.
In fact, recent headlines have almost been reminiscent of the origins of the EU. Founded in 1951, the European Coal and Steel Community, was a tentative step forwards in establishing a collective interest across Europe and to secure peace and harmony after the Second World War.
The newsflow bears more than a passing resemblance, with 10.5bn EUR of grants given to European steelmakers to aid their decarbonisation plans. Whilst the decarbonisation efforts can be cloaked in the voter friendly trappings of energy transition spend, it can also double as a very convenient means of using industrial policy to prop up economies.
Pinning our Colours to the Mast
Whilst we have seen some cyclical data that suggests there is still life in this late cycle period, generally we do expect a soggier period for global economies and the markets at this point.
When we look under the bonnet, (we refer to these as ‘market internals’), a number of divergences foretell of softer economic conditions, and perhaps corrections in markets to come throughout the summer and in the run up to the US General Election.
Credit is not keeping pace with equity markets, smaller companies are underperforming large caps, defensive sectors (such as utilities, consumer staples) are beginning to catch a bid. In fact, in line with our Quad Regime’s latest read, portfolios have transitioned towards a ‘Goldilocks’ environment, from a ‘Reflationary’ one, which has a distinctly more defensive posture.
Such asset allocation changes include utilities and consumer staples sectors, which have been out of favour for some time. The below chart shows perhaps that that tide has turned, and specifically markets may for a period of time take on a more defensive leadership. A housing and retail led slowdown is long overdue.
Chart 8: Performance and valuation discrepancies between defensive and growth sectors is at an extreme
Source: ARIA, Bloomberg
Conclusion:
The May Consumer Price Index (CPI) and PPI (Producer’s Price Index), were welcomed by equity markets showing further improvement (softening) in inflationary pressures. That on its own does not appear to be sufficient for the Federal Reserve to cut interest rates – it will need a notable weakening in the labour market as a necessary precursor. However, real retail sales perhaps suggest we should expect just that contingency. Jerome Powell, US Fed Chair is of the view that higher employment numbers will be needed to break wage inflation, and hence weigh on inflation towards the 2% inflation trend growth target.
Markets are exhibiting a note of caution. There had been notable underperformance in small caps, regional banks and consumer discretionary stocks during H1 of 2024. However, more recently, this has broadened out to larger banks, industrials, energy and materials. Unsurprisingly then, our asset allocation models have determined a regime shift to ‘Goldilocks’ rather than ‘Reflation’. Across the board, that would suggest lower tech exposure, and greater exposure to more defensive sectors would be appropriate as well as taking on greater exposure to long dated government bonds once more.
We also think it prudent to put readers on notice of a potential escalation in geopolitical tensions, which is underpriced by our lights. There is a non-material chance that Israel is planning a full scale invasion into Lebanon to eradicate Hezbollah. The jungle drums have been sounding for a while, but we do not think (oil) markets are paying sufficient heed. Moreover, perhaps there is a more subtle collaborator too. Vladimir Putin needs to draw a line under the current conflict in Ukraine – the special military complex is currently draining Mother Russia of financial resources. Perhaps a means of expediting matters, would be a Trump Presidency. Therefore, by whatever means that Mr Putin can cause higher oil prices, driving inflation higher, would seriously undermine his re-election efforts. Any flare up in Middle East tensions would do just that.
All Consuming Content:
Carlota Perez** has referenced a recurring ‘frenzy phase’ in every major technology rollout from the last 200 years, from the original telephone cables to contemporary high bandwidth internet. The boom never lasts, but the residues of speculative forces do crystallise into lasting change, a new technology substrate. The coming wave of technology, artificially intelligent machines and genetic engineering will build upon that which has gone before – perhaps only faster. It took Warren Buffet nearly a lifetime to build a trillion dollar company, and Jensen Huang the CEO of Nvidia 32 trading days to add the same market cap. Technological innovations are gathering at a quickening pace. In the space of 100 years, successive waves took humanity from an era of candles and horse cart, to one of power and space stations. The next 30 years will pose foundational questions for humanity; how comfortable we are with editing the genome, customising our children or whether we are prepared to cede our hegemonic position as the apex predator, at the top of the evolutionary pyramid, to emergent AI systems. In the short term, Nvidia’s price may have gotten ahead of itself, but in a broader sense it heralds a much more profound era of technological proliferation as society moves from the manipulation of the atom, or physical elements of the foundations of human development to bits, bytes and base pairs. Strings of 1’s and 0’s and DNA are anything but passing stock market fad.
*The railway boom of the 1840s, The Beaty of Bubbles, Economist, Dec. 18, 2008.
** Technological Revolutions and Financial Capital: The Dynamics of Bubbles and Golden Ages, 2022.
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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