Following Eaton Vance entities affiliated with Morgan Stanley effective on March 1, 2021, Morgan Stanley Investment Management (Japan) Co., Ltd. (“MSIMJ”) and Japan office of Eaton Vance Asia Pacific Ltd. (“EVJ”) (MSIMJ and EVJ are hereinafter collectively referred to as the “Companies”.) may provide and receive your non-public information held by the Companies and share among the MSIM Affiliates (as defined in Paragraph 2 below) to the extent required for the following purposes in connection with the business of the Companies’ introducing investment strategies of Morgan Stanley Investment Management (“MSIM”) (including investment strategies of Eaton Vance after the affiliation, hereinafter referred to as the “MSIM Strategies”)
This notice applies only to the clients of the Companies who have received a letter based on the “Framework for Providing Opt-Out Opportunities regarding Sharing of Non-Public Client Information among Companies within Morgan Stanley Investment Management” (this framework is hereinafter referred to as the “Framework”).
1. Scope of non-public information to be shared with parent/subsidiary corporations, etc.
The scope of non-public information to be shared with parent/subsidiary corporations, etc. will be your non-public information held by the Companies in relation to the business of introducing the MSIM Strategies to you; provided, however, that, if we have separately executed a non-disclosure agreement with you, then such scope shall be pursuant to the terms and conditions of the non-disclosure agreement.
Please note that the business of introducing the MSIM strategies include MSIMJ’s discretionary investment management business, investment advisory business, type I financial instruments business (dealing of private placement or intermediary for sales and purchase of securities), type II financial instruments business (dealing of private placement) and other ancillary business, as well as EVJ’s investment advisory business.
2. Scope of parent/subsidiary corporations, etc. with which non-public information is to be shared
The scope of parent/subsidiary corporations, etc. with which non-public information is to be shared will be the Companies’ current and future parent corporation, etc. (referring to the “Parent Juridical Person, etc.” defined in Article 31-4, Paragraph 3 of the Financial Instruments and Exchange Act) and subsidiary corporation, etc. (referring to the “Subsidiary Juridical Person, etc.” defined in Article 31-4, Paragraph 4 of the Financial Instruments and Exchange Act) (but excluding Morgan Stanley MUFG Securities, Co., Ltd. and Mitsubishi UFJ Morgan Stanley Securities., Co., Ltd.; hereinafter collectively referred to as the “MSIM Affiliates ”). For the avoidance of doubt, EVJ is an MSIM Affiliate for MSIMJ, and MSIMJ is an MSIM Affiliate for EVJ. Provided, however, that, if we have separately executed a non-disclosure agreement with you, then such scope shall be pursuant to the terms and conditions of the non-disclosure agreement.
3. Method of sharing non-public information
The Company will provide information verbally, in writing, via email, by giving access to a shared database, or based on other appropriate methods upon paying careful attention to prevent information leakage.
4. Measures with which we will manage non-public information
The MSIM Affiliates that receive the provision of your non-public information will take measures required for the prohibition of unintended use and the prevention of leakage of your non-public information pursuant to laws and regulations as well as their own confidentiality/information management rules in accordance with their basic policies related to information management.
5. Purpose of use of non-public information
The purpose of use of your non-public information, in introducing the MSIM Strategies to you, will be to provide high quality services to you by leveraging the strengths built and collected by MSIM.
6. Information control management in cases where we cease sharing of non-public information with parent/subsidiary corporations, etc.
If you request the Companies to cease the sharing of your non-public information with the MSIM Affiliates, the Companies will promptly cease the sharing of your non-public information with the MSIM Affiliates (including the Companies), and your non-public information will thereafter no longer be shared among the MSIM Affiliates (including the Companies) unless the sharing of such information is permitted under applicable laws.
※With regard to information which had been shared among the MSIM Affiliates (including the Companies) before the Companies received your request to cease the sharing of such information, please note in advance that the MSIM Affiliates (including the Companies) may continue to use such information. The MSIM Affiliates (including the Companies) will also strictly manage such information upon paying careful attention to prohibit the unintended use and prevent the leakage of such information.
※When the Companies and MSIM Affiliates are to solicit clients to purchase financial products, each companies will do so pursuant to their solicitation policies. For details regarding the companies’ solicitation policies, please visit the companies’ websites.
＊Contact information for you to notify us that you do not allow the sharing of your non-public information or requesting the cessation thereof＊
If you do not allow the Companies to share your non-public information among the MSIM Affiliates (including the Companies) or if you wish to request to cease the sharing of your non-public information among the MSIM Affiliates (including the Companies), please contact your sales rep.
You may also contact the following in addition to your sales rep.
Contact: Morgan Stanley Investment Management (Japan) Co., Ltd.
Address: Otemachi Financial City South Tower 1-9-7 Otemachi, Chiyoda-ku, Tokyo
Business Division in Charge: Legal and Compliance Division
Tel: 03-6836-5100 (main number)
Hours:9:30 a.m. to 5:00 p.m. (excluding Saturdays, Sundays, national holidays and year-end and new-year non-business days)
Contact: Eaton Vance Asia Pacific Ltd.
Address: Otemachi Park Building 7th floor, 1-1-1 Otemachi, Chiyoda-ku,
Tokyo, Japan 100-0004
Person in Charge: Tetsuo Kushiya
Tel: 03-5220-5711（direct number）
Hours: 9:00 a.m. to 5:30 p.m. (excluding Saturdays, Sundays, national holidays and year-end and new-year non-business days)
7. Scope of clients to which this notice applies
This notice will not apply to you if we have previously obtained a written consent from you regarding the sharing of your non-public information among the MSIM Affiliates (including the Companies), or if we obtain such written consent from you in the future.
Please note that the Morgan Stanley Group also has the following frameworks in addition to the Framework as the frameworks related to the provision of opt-out opportunities to clients.
- Framework for providing opt-out opportunities in connection with the sharing of non-public client information related to the general business of the Morgan Stanley Group
- Framework for providing opt-out opportunities in connection with the sharing of non-public client information with Mitsubishi UFJ Morgan Stanley Securities Co., Ltd., etc.
- Framework for providing opt-out opportunities in connection with the sharing of non-public client information in the business of Morgan Stanley Investment Management (Japan) Co., Ltd. and Morgan Stanley Capital K.K. in connection with the MSIM Strategy
- Framework for providing opt-out opportunities in connection with the sharing of non-public client information among Morgan Stanley Group Companies in connection with MSIM Strategy.
Since this notice is a disclosure based on the Framework, when confirming the latest information related to the Framework on our website, please make sure that you read the explanation of the Framework and not the explanation of the other frameworks.
If you are unsure which disclosure on our website pertains to the provision of opt-out opportunities related to the Framework, or if you have any question regarding the sharing of your non-public information based on the Framework, please contact the sales rep who gave you this notice based on the Framework or the contact indicated in Paragraph 6 above.