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Professional Investor - Netherlands
26 January 2023

Phoenix Fund temporarily closed

The ruling may lead to abnormal share price movements in the period following the ruling, as a result of which Van Lanschot Kempen Investment Management has taken this decision to protect investors in the fund against potentially adverse effects.

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 January 30 for daily purchases and sales.

The temporary closure is due to the significant size of the holdings in the fund combined with their non-tradability during the payout process. In case of a positive ruling, the compensation payment will have a clear positive effect on the price of the fund. This decision was taken 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. These positions are expected to increase significantly in value following a positive ruling by the Supreme Court. This is the first time in the existence of the fund that Van Lanschot Kempen Investment Management believes that a temporary closure is necessary. Van Lanschot Kempen Investment Management, as manager of the Phoenix Fund, sees it as its duty to protect the current participants in the fund as best as possible during impactful situations such as this.
Phoenix Fund (the “Subfund”) is a subfund of Kempen Umbrella Fund II NV (the “Fund”). Van Lanschot Kempen Investment Management (VLK IM) is the management company of the Fund. VLK IM is authorised as a management company and regulated by the Dutch Authority for the Financial Markets (AFM). The Subfund is registered under the license of Van Lanschot Kempen Investment Management at the Dutch Authority for the Financial Markets (AFM). 

The information in this document provides insufficient information for an investment decision. Please read the Key Investor Document (available in Dutch and English) and the prospectus (available in English). These documents are available on the Website of VLK Investment Management ( The information on the website is (partly) available in Dutch and English. The value of your investment may fluctuate. Past performance provides no guarantee for the future. 

About Van Lanschot Kempen
As a wealth manager, Van Lanschot Kempen is active in Private Banking, Investment Management and Investment Banking. Our goal is to preserve and build wealth in a sustainable way, both for our clients and for the society of which we are a part. We are a sustainable wealth manager with a long-term focus, which means we proactively aim to prevent negative impacts for all stakeholders and to create long-term positive financial and non-financial value. Van Lanschot Kempen, listed on Euronext Amsterdam, is the oldest independent financial institution in the Netherlands with a history dating back to 1737. To unlock the full potential of our organization for our clients, we offer solutions that build on the knowledge and expertise of the entire group and on our open architecture platform. We are convinced that we can meet the needs of our customers in a sustainable way by providing them with access to the full range of services and products across all our business units.

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This news item is not an offer or an invitation to make an offer to buy or sell or otherwise acquire or subscribe to financial instruments and is not AN advice or a recommendation to take or refrain from taking any action.


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