In view of the pending ruling by the Dutch Supreme Court regarding the expropriated SNS securities, the Phoenix Fund (ISIN code: NL0009864487) will be temporarily closed for the purchase or sale of its own assets. The ruling may lead to abnormal share price movements in the period following the ruling. Van Lanschot Kempen Investment Management has taken this decision to protect the current participants in the Phoenix Fund against possible mispricing, dilution and/or unexpected price reductions of the underlying assets.
The Phoenix Fund has been invested in the SNS compensation claims as a distressed debt fund since 2013. The temporary closure is due to the significant size of the holdings in the fund combined with their non-tradability during the pay-out process. In case of a positive ruling, the compensation payment will have a clear positive effect on the price of the fund.
In the event of a positive ruling by the Supreme Court for SNS compensation claim holders, the fund will remain closed to new entrants and/or leavers until payment of the determined compensation. It is expected that the payment will be made within thirty days, as this is the legal deadline for payment of the compensation in this procedure. If the Supreme Court rules negatively or postpones the ruling, the Phoenix Fund will reopen on April 24th 2023 after 4pm for daily purchases and sales. The first NAV publications will be then be on Wednesday morning April 26th 2023.