It’s the shareholders’ money. The tier 4 custodians only manage it. Hopefully the rule set, the guidelines how to use the money (may I call it fund charter?) are sufficient to create no conflict and leave no room for interpretation.
If there is such a conflict, shareholders need to decide.
This is basically correct, but largely depends on the size of the rolling window. I’ve made some calculations in the same thread to show that: [Withdrawn] Faster motions
In the case of releasing tier 4 due to an exceptional - in terms of funds charter - emergency we should assume that a voting is a formality.
By exceptional I mean circumstances, for which are no rules the fund managers can follow; shareholders should decide in this case. This would need to be quicker than standard voting, though.
Most of those (possibly never to be made) decisions would be no-brainers (I hope).
But I wouldn’t feel comfortable if the fate of Nu were in my hand (assuming that I will be one of the fund managers).
We should keep it at the back of our mind that the normal activity of fund mangers would be “allowed” by the motion that defines the fund charter, that determines which actions need to be taken under which circumstances.
Urgent votes would only be necessary under rare occasions (if the charter is good, they are never needed).
The standard motion voting procedure with the standard passing limits would be used to adjust the fund charter.