PRE 14A
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herit497332.txt
PRELIMINARY PROXY
SCHEDULE 14A INFORMATION
PROXY STATEMENT PURSUANT TO SECTION 14(A) OF THE
SECURITIES EXCHANGE ACT OF 1934.
Filed by the Registrant[x]
Filed by a Party other than the Registrant
Check the appropriate box:
[X] Preliminary Proxy Statement
[ ] Confidential, for Use of the Commission Only (as permitted by
Rule 14a-6(e)(2))
[ ] Definitive Proxy Statement
[ ] Definitive Additional Materials
[ ] Soliciting Material Pursuant to ss. 240.14a-11(c) or
ss. 240.14a-12
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HERITAGE SERIES TRUST
(Name of Registrant as Specified in Charter)
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Payment of Filing Fee (Check the appropriate box):
[x] No fee required.
[ ] Fee computed on table below per Exchange Act Rules 14a-6(i)(1) and 0-11.
1) Title of each class of securities to which transaction applies:
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2) Aggregate number of securities to which transaction applies:
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3) Per unit price or other underlying value of transaction
computed pursuant to Exchange Act Rule 0-11 (set forth the
amount on which the filing fee is calculated and state how it
was determined):
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4) Proposed maximum aggregate value of transaction:
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[ ] Fee paid previously with preliminary materials.
[ ] Check box if any part of the fee is offset as provided by Exchange
Act Rule 0-11(a)(2) and identify the filing for which the offsetting
fee was paid previously. Identify the previous filing by registration
statement number, or the Form or Schedule and the date of its filing.
1) Amount Previously Paid:
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2) Form, Schedule or Registration Statement No.:
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3) Filing Party:
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4) Date Filed:
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HERITAGE SERIES TRUST
EAGLE INTERNATIONAL EQUITY PORTFOLIO
May __, 2002
Dear Shareholders:
The enclosed proxy materials relate to a special shareholders meeting
of the Eagle International Equity Portfolio ("Fund") of the Heritage Series
Trust to be held on Friday, June 21, 2002. Management and the Fund's Board of
Trustees ("Board") are seeking shareholder approval of three separate proposals
at this meeting.
First, shareholders are asked to approve an Investment Advisory and
Administration Agreement ("Management Agreement") under which Heritage Asset
Management, Inc. ("Heritage") would replace Eagle Asset Management, Inc.
("Eagle") as the manager to the Fund. Currently, the Fund is the only Heritage
Mutual Fund for which Heritage does not serve as manager. Management and the
Board seek to coordinate the management functions for all of the Heritage Mutual
Funds through Heritage. Under the proposed Management Agreement, Heritage would
provide the same services at the same fee rate as Eagle. Heritage and Eagle are
both wholly owned subsidiaries of Raymond James Financial, Inc.
Second, shareholders are asked to approve a Subadvisory Agreement under
which Julius Baer Investment Management Inc. ("JBIM") would become the
investment subadviser of the Fund. Under the proposed Subadvisory Agreement,
JBIM would be compensated by the Fund's manager and not by the Fund. JBIM, an
investment management firm that provides investment advisory services to
institutional clients and registered investment companies, has approximately $__
billion in assets under management as of March 31, 2002. Adding JBIM as an
investment subadviser of the Fund would allow the Fund to access the portfolio
management services of an experienced international equity investment team.
Finally, shareholders are asked to approve a proposal that will permit
the Fund's manager to hire new subadvisers or modify subadvisory agreements for
the Fund with the approval of the Fund's Board, but without shareholder
approval. If this proposal is approved, the Fund would minimize expenses in the
future by not having to conduct shareholder meetings if the manager proposes
future changes to the Fund's subadviser or to its subadvisory agreements.
Please vote your shares today. Your prompt attention to this matter can
help to avoid the cost of future solicitation for your proxy regarding this
meeting.
Very truly yours,
Richard K. Riess
President
Heritage Series Trust
HERITAGE SERIES TRUST
EAGLE INTERNATIONAL EQUITY PORTFOLIO
NOTICE OF
SPECIAL MEETING OF SHAREHOLDERS
JUNE 21, 2002
TO THE SHAREHOLDERS:
A special meeting of the holders of shares of beneficial interest of
the Eagle International Equity Portfolio (the "Fund") of the Heritage Series
Trust (the "Trust") will be on June 21, 2002 at 8:30 a.m. Eastern time, or any
adjournment(s) thereof, at the offices of Eagle Asset Management, Inc.
("Eagle"), 100 Carillon Parkway, Suite 300, St. Petersburg, FL 33716, for the
following purposes:
(1) To approve an Investment Advisory and Administration Agreement
between Heritage Asset Management, Inc. and the Trust, with
respect to the Fund;
(2) To approve a Subadvisory Agreement between the Fund's manager
and Julius Baer Investment Management Inc., with respect to the
Fund;
(3) To approve a proposal to permit the Fund's manager to hire
subadvisers or modify subadvisory agreements without
shareholder approval; and
(4) To transact such other business as may properly come before the
Meeting or any adjournment(s) thereof.
You are entitled to vote at the meeting and any adjournment(s) thereof
if you owned shares of the Fund at the close of business on April 15, 2002. If
you attend the meeting, you may vote your shares in person. IF YOU DO NOT EXPECT
TO ATTEND THE MEETING, PLEASE COMPLETE, DATE, SIGN AND RETURN THE ENCLOSED PROXY
CARD IN THE ENCLOSED POSTAGE PAID ENVELOPE.
By Order of the Board of Trustees,
CLIFFORD J. ALEXANDER
SECRETARY
May __, 2002
880 Carillon Parkway
St. Petersburg, Florida 33716
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YOUR VOTE IS IMPORTANT
NO MATTER HOW MANY SHARES YOU OWN
Please indicate your voting instructions on the enclosed proxy card,
date and sign the card, and return the card in the envelope provided. If you
sign, date and return the proxy card but give no voting instructions, your
shares will be voted "FOR" the proposals noticed above. In order to avoid the
additional expense of further solicitation, we ask your cooperation in mailing
your proxy card promptly. As an alternative to mailing your paper proxy card to
us to vote, you may vote by telephone or via the Internet. To vote in this
manner, please refer to the enclosed voting instruction card for the toll-free
telephone number and the Internet address.
Unless proxy cards submitted by corporations and partnerships are
signed by the appropriate persons as indicated in the voting instructions on the
proxy card, they will not be voted.
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HERITAGE SERIES TRUST
EAGLE INTERNATIONAL EQUITY PORTFOLIO
880 Carillon Parkway
St. Petersburg, Florida 33716
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PROXY STATEMENT
SPECIAL MEETING OF SHAREHOLDERS TO BE HELD ON JUNE 21, 2002
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INTRODUCTION
This is a proxy statement for the Eagle International Equity Portfolio
(the "Fund") of the Heritage Series Trust (the "Trust") in connection with the
solicitation of proxies made by, and on behalf of, the Trust's Board of Trustees
("Trustees" or "Board"), to be used at the special meeting of shareholders of
the Fund or any adjournment(s) thereof ("Meeting"). This proxy statement and
proxy card first will be mailed to shareholders on or about May __, 2002.
A majority of the shares of beneficial interest of the Fund ("Shares")
outstanding on April 15, 2002 ("Record Date") represented in person or by proxy,
must be present to constitute a quorum for the transaction of business at the
Meeting. Only holders of Shares as of this date are entitled to notice of and to
vote at the Meeting. In the absence of a quorum or in the event that a quorum is
present at the Meeting but votes sufficient to approve any one of the proposals
are not received, the persons named as proxies may propose one or more
adjournments of the Meeting to permit the further solicitation of proxies. Any
such adjournment will require the affirmative vote of a majority of those shares
represented at the Meeting in person or by proxy. If a quorum is present, the
persons named as proxies will vote those proxies that they are entitled to vote
FOR such proposal in favor of an adjournment and will vote those proxies
required to be voted AGAINST such proposal against such adjournment. A
shareholder vote may be taken on one or more of the proposals described in this
Proxy Statement prior to any such adjournment if sufficient votes have been
received and it is otherwise appropriate.
An abstention is a proxy that is properly executed, returned and
accompanied by instructions withholding authority to vote. Broker non-votes are
shares held in street name for which the broker indicates that instructions have
not been received from the beneficial owners or persons entitled to vote or with
respect to which the broker does not have discretionary voting authority.
Abstentions and broker non-votes are counted as votes present for purposes of
determining whether the requisite quorum exists. Approval of each proposal
requires the affirmative vote of a specified percentage of the total shares
outstanding or of the total shares present at the meeting. As a result,
abstentions and broker non-votes will have the same effect as votes cast AGAINST
these proposals because approval of these proposals depends only on the number
of affirmative votes cast and not on the ratio of votes cast FOR a proposal to
votes cast AGAINST a proposal. Your proxy card may be revoked by giving another
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proxy, by letter or telegram revoking your proxy if received by the Fund prior
to the Meeting, or by appearing and voting at the Meeting.
The individuals named as proxies in the enclosed proxy card will vote
in accordance with your directions as indicated thereon if your proxy card is
received properly executed by you or by your duly appointed agent or
attorney-in-fact. If you sign, date and return the proxy card, but give no
voting instructions, your Shares will be voted in favor of the proposals
described in this Proxy Statement. The duly appointed proxies may, in their
discretion, vote upon such other matters as may properly come before the
Meeting. However, if the Fund has received a shareholder proposal to be
presented to shareholders at the Meeting within a reasonable time before the
proxy solicitation is made, the duly appointed proxies do not have the
discretionary authority to vote upon such proposals.
Solicitations will be made primarily by mail but also may include
telephone communications by regular employees of Heritage Asset Management, Inc.
("Heritage"), the Fund's administrator. As an alternative to mailing your paper
proxy card to us to vote, you may vote by telephone or via the Internet
utilizing a program provided by ADP Investor Communications Services ("ADP"). To
vote in this manner, please refer to the enclosed voting instruction card for
the toll-free telephone number and the Internet address. If votes are recorded
by telephone, ADP will use procedures designed to authenticate shareholders'
identities, to allow shareholders to authorize the voting of their shares in
accordance with their instructions, and to confirm that a shareholder's
instructions have been properly recorded. Proxies voted by telephone or via the
Internet may be revoked at any time before they are voted at the Meeting in the
same manner that proxies voted by mail may be revoked. Under Massachusetts
business trust law, there is no specific prohibition against shareholders voting
their shares via the Internet.
The Fund currently offers four classes of shares: Class A Shares, Class
B Shares, Class C Shares and Eagle Class Shares. As of the Record Date, the Fund
had a total of ________ Shares outstanding and no shareholder held of record or
owned beneficially more than 5% of the issued and outstanding Shares of the
Fund. All costs associated with the Meeting, including the solicitation of
proxies, will be borne by Heritage. Each full Share of the Fund is entitled to
one vote, and each fractional share is entitled to a proportionate share of one
vote. YOU MAY OBTAIN A COPY OF THE FUND'S MOST RECENT ANNUAL AND SEMI-ANNUAL
REPORTS TO SHAREHOLDERS, FREE OF CHARGE, BY WRITING TO HERITAGE AT 880 CARILLON
PARKWAY, ST. PETERSBURG, FLORIDA 33716 OR BY CALLING 1-800-421-4184.
PROPOSAL 1. APPROVAL OF THE ADVISORY AND ADMINISTRATION
AGREEMENT WITH HERITAGE ASSET MANAGEMENT, INC.
INTRODUCTION
The Board and Eagle Asset Management, Inc. ("Eagle"), the Fund's
manager, propose that Heritage replace Eagle as the manager to the Fund. If
shareholders approve this appointment, Heritage would serve as manager to the
Fund. Currently, the Fund is the only Heritage Mutual Fund for which Heritage
does not serve as manager. The Board, Eagle and Heritage seek to coordinate the
management functions for all of the Heritage Mutual Funds through Heritage.
Heritage and Eagle are wholly owned subsidiaries of Raymond James Financial,
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Inc. ("RJF"). Under the proposed Investment Advisory and Administration
Agreement between Heritage and the Trust, on behalf of the Fund (the "Management
Agreement"), Heritage will provide the same management and administrative
services as Eagle has provided and will receive the same fee from the Fund that
Eagle currently receives.
Eagle has been the manager of the Fund since the Fund's inception
pursuant to an investment advisory agreement between Eagle and the Trust, on
behalf of the Fund, dated February 14, 1995 ("Eagle Agreement"). Pursuant to an
Administration Agreement between Eagle and Heritage dated May 1, 1995
("Administration Agreement"), Heritage provides certain administrative services
for the Fund. Heritage receives a fee from Eagle for performing such services of
0.10% on first $100 million of total assets of the Fund, 0.005% on amounts
thereafter. Such fee is subject to a minimum quarterly fee of $6,250. During the
Fund's fiscal year ended October 31, 2001, Eagle paid Heritage $25,000 in
administration fees. If shareholders approve this proposal, the Eagle Agreement
and the Administration Agreement will be terminated.
At a meeting on April 3, 2002, the Board determined that it would be in
the best interests of the Fund and its shareholders to appoint Heritage as the
manager of the Fund. In making this decision, the Board considered, among other
factors, the desire of management for one manager to serve all of the Heritage
Funds, the reduced administrative burden in maintaining one management structure
for all of the Heritage Mutual Funds, Heritage's experience in providing
management services to the other Heritage Funds, and Heritage's representation
that it will provide the same level and quality of management services to the
Fund for the same fee as Eagle currently receives. In addition, the Board noted
Heritage's intention to retain and allocate all of the Fund's assets to a newly
proposed subadviser, Julius Baer Investment Management Inc. ("JBIM"), subject to
shareholder approval as discussed in more detail below.
Accordingly, a majority of the Board voted that subject to shareholder
approval, (1) Heritage be appointed as the manager of the Fund, and (2) the
proposed Management Agreement be approved and submitted for shareholder
approval. These decisions included the unanimous approval of a majority of the
Trustees who are not "interested persons" of the Trust, Eagle or Heritage as
that term is defined in the Investment Company Act of 1940, as amended ("1940
Act") ("Independent Trustees"). This approval is subject to two events: (1) the
approval of shareholders of the Fund, and (2) the ratification of a majority of
the Board, including a majority of the Independent Trustees, at an in-person
meeting scheduled to take place on May 31, 2002.
DESCRIPTION OF THE MANAGEMENT AGREEMENT
Under the Management Agreement, and subject to the supervision of the
Trustees, Heritage will manage, supervise and conduct the business and
administrative affairs of the Fund. Heritage also has agreed, among other
duties, to provide a continuous investment program for the Fund's portfolio and
hold itself available to respond to shareholder inquiries. In addition, Heritage
may allocate and reallocate the assets of the Fund among one or more investment
subadvisers, subject to review by the Board. If the shareholders approve this
proposal and the proposal to approve JBIM as the Fund's subadviser as discussed
below, Heritage currently intends to allocate all of the Fund's assets to JBIM.
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As compensation for its services and for expenses borne by Heritage
under the Management Agreement, Heritage will be paid an advisory fee by the
Trust at the same rate paid to Eagle. Eagle currently receives an annualized
advisory and administration fee, computed daily and paid monthly, of 1.00% of
the Fund's average daily net assets on the first $100 million and 0.80% on
average daily net assets over $100 million. During the Fund's fiscal year ended
October 31, 2001, the Fund paid Eagle $250,512 in advisory fees.
The Management Agreement provides that Heritage will not be liable for
any error of judgment or mistake of law or for any loss suffered by the Trust or
the Fund in connection with matters to which the Management Agreement relates
except a loss resulting from the willful misfeasance, bad faith or gross
negligence on its part in the performance of its duties or from reckless
disregard by it of its obligations and duties under the Management Agreement.
If approved by the Board and by shareholders, the Fund anticipates that
the Management Agreement would become effective July 1, 2002. Unless sooner
terminated, it would remain in effect continuously for two years following its
effective date. Thereafter, it would continue automatically for successive
years, provided that it is specifically approved at least annually (1) by a vote
of a majority of the Independent Trustees and (2) by a majority of all Trustees
or by a vote of a majority of the outstanding Shares of the Fund. The Fund may
terminate the proposed Management Agreement by a vote of a majority of the
Independent Trustees or a majority of its outstanding voting securities at any
time on 60 days' written notice to Heritage. Heritage may terminate that
agreement at any time upon 60 days' written notice to the Trust. The Management
Agreement automatically will terminate without penalty in the event of its
assignment as defined in the 1940 Act.
INFORMATION ABOUT HERITAGE
Heritage is a Florida corporation organized in 1985 and registered as
an investment adviser under the Investment Advisers Act of 1940, as amended.
Heritage is a wholly owned subsidiary of RJF. Thomas A. James, a Trustee of the
Trust, by virtue of his direct or indirect ownership of RJF, owns beneficially
more than 10% of Heritage. RJF, through its subsidiaries, is engaged primarily
in providing customers with a wide variety of financial services in connection
with securities, limited partnerships, options, investment banking and related
fields. Heritage also serves as the manager to twelve other Heritage Mutual
Funds with aggregate assets of approximately $7.5 billion as of March 31, 2002.
The principal address of Heritage, RJF, Thomas A. James and each of
Heritage's directors and its principal executive officer is 880 Carillon
Parkway, St. Petersburg, Florida 33716. The President of Heritage is Robert N.
Brady. The officers of the Fund who also are employed by Heritage are: K.C.
Clark, Donald H. Glassman and Deborah A. Malina.
The names, titles and principal occupations of the current executive
officers of Heritage are set forth in the following table. In addition, no
principal executive officer owns more than one half of one percent of the
outstanding voting securities of RJF.
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NAME TITLE AND PRINCIPAL OCCUPATION
---- ------------------------------
Richard K. Riess. ............Director.and.Chief Executive Officer
Robert N. Brady...............President.....
K.C. Clark....................Executive.Vice President, Chief Operating
Officer
H. Peter Wallace..............Senior.Vice.President
Donald H. Glassman............Treasurer
RECOMMENDATION OF THE BOARD OF TRUSTEES
The Trustees decided to appoint Heritage as the manager of the Fund and
recommend that shareholders approve the proposed Management Agreement. In
approving the Management Agreement, the Board analyzed the factors discussed
above and other factors that would affect positively and negatively the
provision of portfolio management services.
The Board recommends that Heritage be retained as the manager of the
Fund. If Proposal 1 is not approved by shareholders, Eagle will continue as the
Fund's manager and investment discretion with respect to 100% of the Fund's
assets will be allocated to JBIM as subadviser, if Proposal 2 is approved by
shareholders. The Trustees would then consider whether any other arrangements of
the provision of management services are appropriate and in the best interests
of the Fund's shareholders.
VOTE REQUIRED
Approval of Proposal 1 requires the affirmative vote of the holders of
the LESSER of (1) 67% or more of the Shares of the Fund present at the Meeting,
if the holders of more than 50% of the outstanding Fund Shares are present or
represented by proxy at the Meeting, or (2) more than 50% of the outstanding
Shares of the Fund entitled to vote at the Meeting.
THE BOARD OF TRUSTEES RECOMMENDS THAT YOU
VOTE "FOR" PROPOSAL 1.
PROPOSAL 2. APPROVAL OF PROPOSED SUBADVISORY AGREEMENT WITH
JULIUS BAER INVESTMENT MANAGEMENT INC.
INTRODUCTION
The Board, Eagle (which is the Fund's current manager), and Heritage
(which is the Fund's proposed manager) (Eagle and Heritage together are referred
to as the "Manager") propose that Julius Baer Investment Management Inc.
("JBIM") be appointed as an investment subadviser to the Fund. If shareholders
approve this appointment, JBIM would become a subadviser to the Fund and the
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Manager currently intends to allocate all Fund assets to JBIM. Martin Currie,
Inc. ("Martin Currie") currently serves as the Fund's investment subadviser.
Martin Currie has been an investment subadviser of the Fund since the Fund's
inception pursuant to a subadvisory agreement between Eagle and Martin Currie
dated February 14, 1995 ("Martin Currie Agreement"). The Fund's Manager intends
to allocate all Fund assets to JBIM and to terminate the Martin Currie
Agreement.
If shareholders approve JBIM's appointment as subadviser, JBIM will
provide substantially the same portfolio management services as Martin Currie
has provided and will receive a slightly lower fee from the Manager than Martin
Currie currently receives. JBIM will utilize an international equity investment
team to manage the Fund's investment portfolio. Currently, JBIM's proposed
investment strategy for managing the Fund's portfolio will not differ
substantially from that of Martin Currie, except that JBIM intends to maintain a
more diversified portfolio of holdings and to invest from time to time in
exchange traded index funds based on foreign indices. The international equity
investment team will use a [top down method of analysis based on fundamental
research] to select securities for the Fund's portfolio. It will invest
primarily in equity securities of foreign companies that JBIM believes have the
potential to capitalize on worldwide growth trends and global changes. JBIM will
consider such factors as the condition and growth potential of the economies and
securities markets, currency and tax considerations and financial, social,
national and political factors. JBIM also will consider market regulations and
liquidity of the market. The JBIM investment team also will seek to invest at
least 50% of the Fund's portfolio in securities traded in developed securities
markets, such as those included in the Morgan Stanley Capital International
Europe, Australiasia, Far East Index. JBIM also intends to invest in emerging
markets.
At its meeting on February 28, 2002, the Board determined that it would
be in the best interests of the Fund and its shareholders to retain JBIM as the
investment subadviser to the Fund. In making this decision, the Board
considered, among other factors, the Fund's recent and long-term performance
track records, the expertise that JBIM offers in providing portfolio management
services to other similar portfolios and the performance history of those
portfolios. The Board also considered the experience of JBIM's current portfolio
managers, JBIM's proposed investment strategy for the Fund, JBIM's fee proposal,
and the financial strength and quality of services offered by JBIM.
Accordingly, the Board unanimously voted that subject to shareholder
approval, (1) JBIM be appointed as an investment subadviser to the Fund, and (2)
the proposed subadvisory agreement between the Manager and JBIM ("JBIM
Agreement") be approved and submitted for shareholder approval. These decisions
included the unanimous approval of all Independent Trustees of the Trust, Eagle,
Heritage or JBIM.
DESCRIPTION OF THE JBIM AGREEMENT
Under the JBIM Agreement, JBIM will manage the investment of Fund
assets allocated to it by the Manager and will be responsible for placing all
orders for the purchase and sale of portfolio securities, subject to the
supervision of the Trustees and the Manager. If the shareholders approve these
proposals, the Manager currently intends to allocate all of the Fund's assets to
JBIM. As compensation for its services and for expenses borne by JBIM under the
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Agreement, JBIM will be paid a subadvisory fee by the Manager (not by the Fund)
of 0.45% on the first $100 million of assets under management and 0.40% on
assets thereafter. Martin Currie currently receives an annualized advisory fee,
computed daily and paid monthly, of 0.50% of the Fund's average daily net assets
on the first $100 million and 0.40% on average daily net assets over $100
million. During the Fund's fiscal year ended October 31, 2001, the Manager paid
Martin Currie $238,911 in subadvisory fees. The proposed fee rate for JBIM is
slightly lower than the rate currently paid to Martin Currie. Thus, the Manager
may realize some slight benefit if shareholders approve the appointment of JBIM.
However, because the Manager has waived a portion of management fees and/or
reimbursed a portion Fund expenses each year since the Fund's inception, the
actual realized benefit to the Manager from JBIM's reduced subadvisory fees is
expected to be minimal.
The JBIM Agreement provides that JBIM will not be liable for any act or
omission in the course of, or connected with, rendering services under the JBIM
Agreement, except when such services are rendered in bad faith, [gross]
negligence or disregard of its duties under the JBIM Agreement. However, JBIM
will indemnify and hold harmless Heritage, the Fund, the Trustees, officers or
shareholders from any and all claims, losses, expenses, obligations and
liabilities (including reasonable attorneys fees) which arise or result from
JBIM's bad faith, negligence, willful misfeasance or disregard of its duties
under the JBIM Agreement.
If approved by shareholders, the Fund anticipates that Heritage and
JBIM would execute the JBIM Agreement promptly. Unless sooner terminated, it
would remain in effect continuously for two years following its effective date.
Thereafter, it would continue automatically for successive years, provided that
it is specifically approved at least annually (1) by a vote of a majority of the
Independent Trustees and (2) by a majority of all Trustees or by a vote of a
majority of the outstanding Shares of the Fund. The Fund may terminate the
proposed JBIM Agreement by a vote of a majority of the Independent Trustees or a
majority of its outstanding voting securities at any time on 60 days' written
notice to Heritage and JBIM. Heritage may terminate the proposed JBIM Agreement
upon 60 days' written notice to JBIM. JBIM may terminate that agreement at any
time upon 90 days' written notice to Heritage. The JBIM Agreement automatically
will terminate without penalty in the event of its assignment as defined in the
1940 Act.
INFORMATION ABOUT JBIM
JBIM is a company incorporated under the laws of Delaware in July 1982.
It also is registered with the Securities and Exchange Commission ("SEC") as an
investment adviser under the Investment Advisers Act of 1940, as amended. JBIM
is a wholly owned subsidiary of Julius Baer Securities Inc. As of March 31,
2002, JBIM managed approximately $___ billion of assets. JBIM serves as
investment adviser to corporations, state and municipal government entities,
pension and profit sharing plans, investment companies, and banking and thrift
organizations. [JBIM also serves as subadviser to the ______ Fund, a mutual fund
with a similar investment objective and investment strategy as the Fund. For the
subadvisory services it provides to the _____ Fund, JBIM receives an annualized
advisory fee, computed daily and paid monthly, of 0.__% of the ____ Fund's
average daily net assets. In connection with that fund, JBIM waived fees in the
amount of ______.]
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The names, titles and principal occupations of the current executive
officers of JBIM are set forth in the following table.
NAME TITLE AND PRINCIPAL OCCUPATION
---- ------------------------------
Edward A. Clapp. ..............First.Vice.President
Richard C. Pell ...............Senior.Vice.President
Rudolph R. Younes..............Senior.Vice.President
Glen F. Wisher.................Head.of.IAM.and Senior Vice President
Francoise M. Birnholz..........Senior Vice President/Corporate
Secretary and General Counsel
Richard Howard*................First.Vice.President and Director of
Research
Edward C. Dove*................Senior.Vice.President and Chief
Investment Officer
Tim Haywood*...................First.Vice.President
Bernard Spilko.................President.and.Director
Lowell R. Serhus...............First.Vice.President
Brett J. Gallagher.............First.Vice.President
JBIM's principal business address and the business address of each
person listed above is 330 Madison Avenue, 12th Floor, New York, NY 10017,
except for the persons indicated with an *, whose principal business address is
Beavis Marks House, Beavis Marks, London ECSA 7NE.
RECOMMENDATION OF THE BOARD OF TRUSTEES
The Trustees decided to appoint JBIM as investment subadviser to the
Fund and recommend that shareholders approve the proposed JBIM Agreement. In
approving the JBIM Agreement, the Board analyzed the factors discussed above and
other factors that would affect positively and negatively the provision of
portfolio management services.
The Board recommends that JBIM be retained as an investment subadviser
to the Fund. If Proposal 2 is not approved by shareholders, investment
discretion with respect to all of the Fund's assets will continue to be
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allocated to Martin Currie as subadviser. The Trustees would then consider
whether any other arrangements of the provision of investment advisory services
are appropriate and in the best interests of the Fund's shareholders.
VOTE REQUIRED
Approval of Proposal 2 requires the affirmative vote of the holders of
the LESSER of (1) 67% or more of the Shares of the Fund present at the Meeting,
if the holders of more than 50% of the outstanding Fund Shares are present or
represented by proxy at the Meeting, or (2) more than 50% of the outstanding
Shares of the Fund entitled to vote at the Meeting.
THE BOARD OF TRUSTEES RECOMMENDS THAT YOU
VOTE "FOR" PROPOSAL 2.
PROPOSAL 3. APPROVAL OF A PROPOSAL TO PERMIT THE FUND'S MANAGER
TO HIRE SUBADVISERS OR MODIFY SUBADVISER AGREEMENTS WITHOUT
SHAREHOLDER APPROVAL
INTRODUCTION
Currently, Eagle serves as the manager of the Fund. As such, Eagle does
not make the day-to-day investment decisions for the Fund. Instead, Eagle
administers the Fund, establishes an investment program for the Fund and
selects, compensates and evaluates the Fund's investment subadviser, currently
Martin Currie. The investment subadviser, in turn, makes the day-to-day
investment decisions for the Fund. If Proposals 1 and 2 are approved by
shareholders, Heritage will serve as manager and investment adviser and JBIM
will make day-to-day investment decisions for the Fund.
Federal securities law generally requires that the shareholders of the
Fund approve the Fund's subadvisory agreements and any amendments thereto. Thus,
when a new subadviser is retained on behalf of the Fund, shareholders typically
are required to approve the subadvisory agreement. Similarly, if an existing
subadvisory agreement is amended in any material respect (such as an increase in
the fee paid by Eagle -- not by the Fund -- to the subadviser), shareholder
approval is required. In addition, shareholder approval typically is required in
order to re-appoint a subadviser when there is a change in control of the Fund's
subadviser. In all of these cases, in order to obtain shareholder approval, the
Fund must call and conduct a shareholders meeting, prepare and distribute proxy
materials, and solicit votes from Fund shareholders. The process can be costly
and time-consuming.
The Trust received from the SEC for an order on November 21, 2001,
exempting the Trust from the requirement described in the previous paragraph
("SEC Order"). The SEC Order permits the Fund, without the prior approval of
shareholders, to hire new subadvisers, to rehire existing subadvisers that have
experienced a change in control and to modify subadvisory agreements. By
eliminating shareholder approval in these matters, the Fund would have greater
flexibility in selecting and re-appointing investment subadvisers and would save
the considerable expenses involved in soliciting shareholder proxies and
conducting shareholder meetings. Changes in subadvisory arrangements would still
require Board approval and may be subject to certain other conditions, as
discussed below.
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The Board and the Manager hereby seek shareholder approval of this
proposed arrangement for approval of subadvisory agreements. If Proposal 3 is
not approved by shareholders, shareholder approval of subadvisory agreements and
amendments thereto will continue to be required. If proposal 3 is approved by
Fund shareholders, the proposal will be effective immediately.
COMPARISON OF PRESENT AND PROPOSED SELECTION PROCESS FOR SUBADVISERS
Under both the current process for approval of subadvisory agreements
and under the proposed process, any change in a subadvisory agreement requires
approval by the Board. In considering whether to appoint a subadviser, the Board
will analyze the factors it considers relevant, including the nature, quality
and scope of services provided by a subadviser to investment companies
comparable to the Fund. The Board will review the ability of the subadviser to
provide its services to the Fund, as well as its personnel, operations,
financial condition or any other factor that would affect the provision of those
services. The Board will examine the performance of the subadviser with respect
to compliance and regulatory matters over the past fiscal year. It will review
the subadviser's investment performance with respect to accounts that are
comparable. Finally, the Board will consider other factors that it considers
relevant to the subadviser's performance as an investment adviser. The Board
believes that this review process provides appropriate shareholder protection in
the selection of subadvisers.
Under the current process for approval of subadvisory agreements, in
addition to Board approval, shareholders must approve any change in subadvisory
agreements. More particularly, a subadvisory agreement must receive the
affirmative vote of the holders of the LESSER of (1) 67% or more of the Shares
of the Fund present at the Meeting, if the holders of more than 50% of the
outstanding shares are present or represented by proxy at the Meeting, or (2)
more than 50% of the outstanding Shares of the Fund entitled to vote at the
Meeting. Such shareholder approval would be eliminated under the proposed
process for approval of subadvisory agreements.
The SEC Order authorizing the proposed process for approval of
subadvisory agreements is subject to various conditions, including the
following:
1. The operation of the Fund as described above must be approved by
holders of the LESSER of (1) 67% or more of the Shares of the Fund present at
the Meeting, if the holders of more than 50% of the outstanding shares are
present or represented by proxy at the Meeting, or (2) more than 50% of the
outstanding Shares of the Fund entitled to vote at the Meeting.
2. The Fund must disclose in its prospectus the existence, substance
and effect of the SEC Order. In addition, Fund must hold itself out to the
public as employing the management structure described above. The Fund's
prospectus must prominently disclose that the Manager has the ultimate
responsibility (subject to oversight by the Board) to oversee subadvisers and
recommend their hiring, termination and replacement.
3. The Manager must provide general management services to the Fund,
including overall supervisory responsibility for the general management and
investment of the Fund's assets and, subject to the review and approval of the
Board, must: (a) set the Fund's overall investment strategies; (b) evaluate,
select and recommend subadvisers; (c) allocate and, when appropriate, reallocate
11
the Fund's assets among subadvisers in those cases where the Fund has more than
one subadviser; (d) monitor and evaluate the investment performance of the
subadvisers; and (e) implement procedures reasonably designed to ensure that the
subadvisers comply with the Fund's investment objectives, policies and
restrictions.
4. At all times, the Trust's Board must be comprised of a majority of
Independent Trustees, and the nomination of new or additional Independent
Trustees must be placed within the discretion of the then existing Independent
Trustees.
5. The Manager must not enter into a subadvisory agreement with any
affiliated subadviser without the approval of the Fund shareholders of such
agreement, including the compensation to be paid thereunder.
6. When an affiliated subadviser is being proposed for the Fund, the
Board, including a majority of the Independent Trustees, must find, and be
reflected in the Board minutes of the Trust, that such change is in the best
interest of the Fund and its shareholders and does not involve a conflict of
interest from which the Manager or affiliated subadviser derives an
inappropriate advantage.
7. No Trustee or officer of the Fund or director or officer of the
Manager must own directly or indirectly (other than through a pooled investment
vehicle that is not controlled by any such person) any interest in a subadviser,
except for ownership of: (a) an interest in the Manager, or any entity that
controls, is controlled by or is under common control with the Manager, or (b)
less than 1% of the outstanding securities of any class of equity or debt of a
publicly traded company that is either a subadviser or an entity that controls,
is controlled by or is under common control with a subadviser.
8. Within 90 days of the retaining a new subadviser, the Manager must
furnish Fund shareholders all information about the new subadviser that would be
included in a proxy statement. Such information must include any change in such
disclosure as a result of the new subadviser. To meet this condition, the
Manager must provide shareholders with an information statement that meets the
requirements of Regulation 14C, Schedule 14C and Item 22 of Schedule 14A under
the Securities Exchange Act of 1934, as amended.
VOTE REQUIRED
Approval of Proposal 3 requires the affirmative vote of the holders of
the LESSER of (1) 67% or more of the Shares of the Fund present at the Meeting,
if the holders of more than 50% of the outstanding shares are present or
represented by proxy at the Meeting, or (2) more than 50% of the outstanding
Shares of the Fund entitled to vote at the Meeting.
THE BOARD OF TRUSTEES RECOMMENDS THAT YOU
VOTE "FOR" PROPOSAL 3.
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INFORMATION ABOUT THE FUND
CURRENT ADVISORY ARRANGEMENTS
Eagle is a Florida corporation organized in 1976 and registered as an
investment adviser under the Investment Advisers Act of 1940, as amended. Eagle
serves as the manager of the Fund pursuant to the Eagle Agreement. This
Agreement was approved by the Fund's sole initial shareholder on November [2],
1995 and was last approved by the Board of Trustees on August 27, 2001. All of
the capital stock of Eagle is owned by RJF. Thomas A. James, a Trustee of the
Trust, by virtue of his direct or indirect ownership of RJF, owns beneficially
more than 10% of Eagle. RJF, through its subsidiaries, is engaged primarily in
providing customers with a wide variety of financial services in connection with
securities, limited partnerships, options, investment banking and related
fields.
The principal address of Eagle, RJF, Thomas A. James and each of
Eagle's directors and its principal executive officer is 880 Carillon Parkway,
St. Petersburg, Florida 33716. The President and Chief Operating Officer of
Eagle is Stephen G. Hill. Mr. James, Mr. Hill and Richard K. Riess are Directors
of Eagle. Mr. Reiss is also the President and Trustee of the Fund.
Under the Eagle Agreement, and subject to the supervision of the
Trustees, Eagle has agreed, among other duties, to provide a continuous
investment program for the Fund's portfolio, supervise all aspects of the Fund's
operation and hold itself available to respond to shareholder inquiries. The
Eagle Agreement expressly permits advisory services to be delegated to and
performed by a subadviser. Under the Eagle Agreement, the Fund bears all of its
expenses not specifically assumed by Eagle incurred in its operation and the
offering of shares.
For services provided under the Eagle Agreement, the Fund pays Eagle an
annualized advisory fee, computed daily and paid monthly, of 1.00% of the Fund's
average daily net assets. Eagle contractually has agreed to waive its investment
advisory fees and, if necessary, reimburse each class of the Fund to the extent
that Class A annual operating expenses exceed an annualized rate of 1.97% of the
class' average daily net assets, Class B or Class C annual operating expenses
exceed 2.72% of those class' average daily net assets, Eagle Class annual
operating expenses exceed 2.60% of the class' average daily net assets for the
Fund's October 31, 2001 fiscal year. Any reduction in Eagle's management fees is
subject to reimbursement by the Fund within the following two years if overall
expenses fall below these percentage limitations. During the fiscal year ended
October 31, 2001, the Fund paid Eagle management fees in the amount of $250,512.
In addition, an affiliate of Eagle, Raymond James & Associates, Inc.
("RJA"), 880 Carillon Parkway, St. Petersburg, Florida 33716, currently serves
as the Fund's principal underwriter. For the fiscal year ended October 31, 2001,
as compensation for certain distribution and shareholder servicing activities,
the Fund paid RJA $16,489, $6,592, 65,831 and $199,596 in distribution and
service fees for the Fund's Class A, Class B, Class C and Eagle Class shares,
13
respectively, pursuant to the Fund's Rule 12b-1 distribution plan. RJA will
continue to serve as principal underwriter to the Fund after the advisory and
subadvisory contracts are approved.
The Eagle Agreement provides that Eagle will not be liable for any
error of judgment or mistake of law or for any loss suffered by the Fund in
connection with the matter to which the Agreement relates, except a loss
resulting from willful misfeasance, bad faith, or gross negligence on their part
in the performance of their duties or from reckless disregard by them of their
obligations and duties thereunder.
BROKERAGE COMMISSIONS
RJA may act as broker on behalf of the Fund in the purchase and sale of
portfolio securities. For the fiscal year ended October 31, 2001, the total
dollar amount of brokerage commission paid by the Fund was $214,686. These
commissions were paid on aggregate brokerage transactions totaling $125,475,867.
None of those transactions for the Fund were conducted with RJA.
EXECUTIVE OFFICERS OF THE TRUST
Officers of the Trust are appointed by the Trustees and serve at the
pleasure of the Board. None of the Trust's officers currently receives any
compensation from the Fund. [All officers and Trustees as a group own
beneficially less than 1% of the shares outstanding on the Record Date.] The
executive officers of the Trust are:
RICHARD K. RIESS, age 52, PRESIDENT. Mr. Riess also has been a Trustee
of the Fund since 1985; a Director of Heritage since 1985; Chief Executive
Officer of Heritage since 2000; a Director of Eagle since 1995; Chief Executive
Officer of Eagle since 1996; and Executive Vice President of RJF since 1998.
K.C. CLARK, age 44, EXECUTIVE VICE PRESIDENT AND PRINCIPAL EXECUTIVE
OFFICER. Mr. Clark also has been a Vice President of Heritage since 1993; Senior
Vice President of Heritage since 1998; and Executive Vice President and Chief
Operating Officer of Heritage since 2000.
DONALD H. GLASSMAN, age 45, TREASURER. Mr. Glassman also has been
Treasurer of Heritage and Treasurer of Heritage Mutual Funds since 1989.
CLIFFORD J. ALEXANDER, age 58, SECRETARY. Mr. Alexander also is a
partner at Kirkpatrick & Lockhart LLP.
SHAREHOLDER PROPOSALS
As a general matter, the Fund does not hold regular annual or other
meetings of shareholders. Any shareholder who wishes to submit proposals to be
considered at a special meeting of the Fund's shareholders should send such
proposals to the Fund at 880 Carillon Parkway, St. Petersburg, Florida 33716, so
as to be received a reasonable time before the proxy solicitation for that
meeting is made. Shareholder proposals that are submitted in a timely manner
14
will not necessarily be included in the Fund's proxy materials. Inclusion of
such proposals is subject to limitations under the federal securities laws.
15
OTHER BUSINESS
Management knows of no other business to be presented at the Meeting
other than the matters set forth in this Proxy Statement, but should any other
matter requiring a vote of shareholders arise, the proxies will vote thereon
according to their best judgment in the interests of the Fund.
By Order of the Board of Trustees,
CLIFFORD J. ALEXANDER,
SECRETARY
May __, 2002
IT IS IMPORTANT THAT YOU VOTE AND RETURN YOUR PROXY PROMPTLY.
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PROXY
HERITAGE SERIES TRUST
EAGLE INTERNATIONAL EQUITY PORTFOLIO
SPECIAL MEETING OF SHAREHOLDERS - JUNE 21, 2002
The undersigned hereby appoints as proxies Donald H. Glassman and Mathew Calabro
each with the power of substitution, to vote for the undersigned all shares of
beneficial interest of the undersigned at the aforementioned meeting and any
adjournment thereof with all the power the undersigned would have if personally
present. The shares represented by this proxy will be voted as instructed.
Unless indicated to the contrary, this proxy shall be deemed to indicate
authority to vote "FOR" all proposals.
Date
---------------------------------------
Signature
----------------------------------
Signature
----------------------------------
If shares are held jointly, each
shareholder named should sign; if only one
signs, his signature will be binding. If
the shareholder is a corporation, the
President or Vice President should sign in
her own name, indicating title. If the
shareholder is a partnership, a partner
should sign in his own name, indicating
that he is a "Partner."
EVERY SHAREHOLER'S VOTE IS IMPORTANT!
VOTING INSTRUCTIONS - PLEASE SELECT ONE OF THESE VOTING METHODS:
VOTE BY INTERNET: Please read your proxy statement and read the following
proposal. Go to our website: HTTP:\\PROXYVOTE.COM where you will use this ballot
and the control number listed below to vote on the proposal. Follow the on
screen directions. Do NOT mail your voting instruction when you vote online.
VOTE BY TELEPHONE: Please read your proxy statement and read the following
proposal. Dial our toll free number 1-800-579-7863 using a touch tone phone
where you will use this ballot and the control number listed below to vote on
the proposal. Do NOT mail your voting instruction when you vote by phone.
VOTE BY PAPER BALLOT: Please read your proxy statement and read the following
proposal. Vote by filling in on the ballot the appropriate box representing your
vote on the proposal. Sign and mail the card in the enclosed return envelope.
17
PLEASE VOTE VIA INTERNET OR BY PHONE OR SIGN, DATE AND PROMPTLY RETURN YOUR
VOTING INSTRUCTION IN THE ENCLOSED ENVELOPE TODAY!
PLEASE INDICATE YOUR VOTE BY PLACING AN "X" IN THE APPROPRIATE BOX BELOW.
THIS PROXY IS SOLICITED ON BEHALF OF THE BOARD OF TRUSTEES.
THE BOARD OF TRUSTEES RECOMMENDS A VOTE "FOR"
1. Approval of the proposed Investment Advisory and Administration Agreement
between Heritage Asset Management, Inc. and Heritage Series Trust with
respect to the Eagle International Equity Portfolio.
FOR _______ AGAINST _______ ABSTAIN ______
2. Approval of the proposed Subadvisory Agreement between Heritage Asset
Management, Inc. or Eagle Asset Management, Inc., as appropriate, and
Julius Baer Investment Management Inc. with respect to the Eagle
International Equity Portfolio.
FOR _______ AGAINST _______ ABSTAIN ______
3. Approval of the proposal to permit the Fund's Manager to hire subadvisers
or modify subadvisory agreements without shareholder approval.
FOR _______ AGAINST _______ ABSTAIN ______
This proxy will not be voted unless it is dated and signed exactly as instructed
below.
PLEASE VOTE, SIGN AND DATE THIS PROXY AND RETURN IT IN THE ENCLOSED POSTAGE PAID
ENVELOPE TO: 880 CARILLON PARKWAY, ST. PETERSBURG, FLORIDA 33716.
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