UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM N-CSR
CERTIFIED SHAREHOLDER REPORT OF REGISTERED MANAGEMENT
INVESTMENT COMPANIES
Investment Company Act file number 811-21289
Birmiwal Investment Trust
(Exact name of registrant as specified in charter)
5270 Highland Drive, Bellevue, WA 98006
(Address of principal executive offices)
(Zip code)
Kailash Birmiwal
5270 Highland Drive, Bellevue, WA 98006
(Name and address of agent for service)
Registrant's telephone number, including area code: (425) 957-9426
Date of fiscal year end: March 31
Date of reporting period: September 30, 2004
Form N-CSR is to be used by management investment companies to file reports with the Commission not later than 10 days after the transmission to stockholders of any report that is required to be transmitted to stockholders under Rule 30e-1 under the Investment Company Act of 1940 (17 CFR 270.30e-1). The Commission may use the information provided on Form N-CSR in its regulatory, disclosure review, inspection and policymaking roles.
A registrant is required to disclose the information specified by Form N-CSR, and the Commission will make this information public. A registrant is not required to respond to the collection of information contained in Form N-CSR unless the Form displays a currently valid Office of Management and Budget ("OMB") control number. Please direct comments concerning the accuracy of the information collection burden estimate and any suggestions for reducing the burden to Secretary, Securities and Exchange Commission, 450 Fifth Street, NW, Washington, DC 20549-0609. The OMB has reviewed this collection of information under the clearance requirements of 44 U.S.C. § 3507.
Item 1. Reports to Stockholders.
Birmiwal Oasis Fund
For Investors Seeking Capital Appreciation
SEMI-ANNUAL REPORT
September 30, 2004
www.birmiwal.com
1-800-417-5525
Birmiwal Oasis Fund
Semi-Annual Report
September 30, 2004
Dear Fellow Shareholders:
The total return of the Fund and of the benchmark S&P 500 for the period April 1, 2003 (inception) to September 30, 2004 were:
Birmiwal Oasis Fund
105.61%*
S&P 500 index
34.85%*
Overall, I am pleased with the Fund's performance though it was not satisfactory during the summer months of this year. This was due to sudden slowdown in some economic sensitive sectors like technology caused by increase in oil prices, anticipation of increase in interest rates, strengthening of the U.S. dollar, increased instability in Iraq and other geopolitical events.
We will continue to work hard for the Fund and thank you for your continued trust and confidence in us.
Sincerely,
![[birmiwalncsr001.jpg]](https://capedge.com/proxy/N-CSR/0001162044-04-000418/birmiwalncsr001.jpg)
Kailash Birmiwal, Ph.D.
*Returns shown are total returns and have not been annualized. See Performance Information on following page for Average Annual or Returns for the period ended September 30, 2004 and Since Inception.
Total returns include change in share prices and in each case includes reinvestment of any dividends and capital gain distributions.
Past Performance Does Not Guarantee Future Results. Investment Return And Principal Value Will Fluctuate So That Shares, When Redeemed, May Be Worth More Or Less Than Their Original Cost. Returns Do Not Reflect The Deduction Of Taxes That A Shareholder Would Pay On Fund Distributions Or The Redemption Of Fund Shares.
2004 Semi-Annual Report 1
BIRMIWAL OASIS FUND
![[birmiwalncsr002.jpg]](https://capedge.com/proxy/N-CSR/0001162044-04-000418/birmiwalncsr002.jpg)
PERFORMANCE INFORMATION
AVERAGE ANNUAL RATE OF RETURN (%) FOR THE PERIODS ENDED
SEPTEMBER 30, 2004
9/30/04 NAV $24.18
Since
1 Year Inception(A)
Birmiwal Oasis Fund
24.20% 61.48%
S&P 500(B)
13.81% 21.99%
(A)1 Year and Since Inception returns include change in share prices and in each case includes reinvestment of any dividends and capital gain distributions. The inception date of the Birmiwal Oasis Fund was April 1, 2003.
(B)The S&P 500 is a broad market-weighted average dominated by blue-chip stocks and is an unmanaged group of stocks whose composition is different from the Fund.
Past Performance Does Not Guarantee Future Results. Investment Return And Principal Value Will Fluctuate So That Shares, When Redeemed, May Be Worth More Or Less Than Their Original Cost. Returns Do Not Reflect The Deduction Of Taxes That A Shareholder Would Pay On Fund Distributions Or The Redemption Of Fund Shares.
2004 Semi-Annual Report 2
Availability of Quarterly Schedule of Investments
The Fund files its complete schedule of portfolio holdings with the Securities and Exchange Commission ("SEC") for the first and third quarters of each fiscal year on Form N-Q. The Fund’s Forms N-Q are available on the SEC's Web site at http://www.sec.gov. The Fund’s Forms N-Q may also be reviewed and copied at the SEC's Public Reference Room in Washington, DC. Information on the operation of the Public Reference Room may be obtained by calling 1-800-SEC-0330.
Disclosure of Expenses (Unaudited)
Shareholders of this Fund incur ongoing operating expenses including management fees and other Fund expenses. The following example is intended to help you understand your ongoing expenses of investing in the Fund and to compare these expenses with similar costs of investing in other mutual funds. The example is based on an investment of $1,000 (for example, an $8,600 account value divided by $1,000 = 8.6) invested in the Fund on March 31, 2004 and held through September 30, 2004.
The first line of the table below provides information about actual account values and actual expenses. In order to estimate the expenses a shareholder paid during the period covered by this report, shareholders can divide their account value by $1,000 and then multiply the result by the number in the first line under the heading entitled "Expenses Paid During the Period."
The second line of the table below provides information about hypothetical account values and hypothetical expenses based on the Fund's actual expense ratio and an assumed rate of return of 5% per year before expenses, which is not the Fund’s actual return. The hypothetical account values and expenses may not be used to estimate the actual ending account balance or expenses paid by a shareholder for the period. In order to assist shareholders in comparing the ongoing expenses of investing in this Fund and other funds, compare the 5% hypothetical example with the 5% hypothetical examples that appear in other funds' shareholder reports.
Expenses Paid
Beginning Ending During the Period*
Account Value Account Value March 31, 2004 to
March 31, 2004 September 30, 2004 September 30, 2004
Actual $1,000.00 $906.45 $21.41
Hypothetical $1,000.00 $1,002.61 $22.49
(5% annual return
before expenses)
* Expenses are equal to the Fund’s annualized expense ratio of 4.48%, multiplied
by the average account value over the period, multiplied by 183/365.
2004 Semi-Annual Report 3
Birmiwal Oasis Fund | | | |
| | | | |
| | | | |
| | | Schedule of Investments |
| | September 30, 2004 (Unaudited) |
| | | | |
Shares/Principal Amount | | Market Value | % of Assets |
| | | | |
COMMON STOCKS | | | |
| | | | |
Air Transportation, Scheduled | | | |
10,000 | America West Holdings Corp. * | | $ 54,000 | |
15,000 | FLYI, Inc. * | | 58,650 | |
| | | 112,650 | 1.77% |
| | | | |
Biological Products | | | |
180,000 | LPBP, Inc. | | - | 0.00% |
| | | | |
Calculating & Accounting Machines | | | |
15,000 | Optimal Group, Inc. * | | 137,700 | 2.16% |
| | | | |
Communications Services | | | |
10,000 | Wireless Facilities, Inc. * | | 69,700 | 1.10% |
| | | | |
Computer Communications Equipment | | | |
3,000 | Foundry Networks, Inc. * | | 28,470 | 0.45% |
| | | | |
Computer Storage Devices | | | |
3,000 | Blue Coat Systems, Inc. * | | 43,200 | 0.68% |
| | | | |
Construction- Special Trade | | | |
5,000 | Matrix Service Co. * | | 25,600 | 0.40% |
| | | | |
Construction Machinery & Equipment | | | |
3,000 | JLG Industries, Inc. | | 50,400 | 0.79% |
| | | | |
Dairy Products | | | |
15,000 | Geopharma, Inc. * | | 61,800 | |
3,500 | Lifeway Foods, Inc. * | | 36,680 | |
| | | 98,480 | 1.55% |
| | | | |
Deep Sea Foreign Transportation | | | |
6,700 | MC Shipping, Inc. * | | 24,522 | |
3,000 | Ship Finance International Ltd. | | 60,300 | |
6,000 | Top Tankers, Inc. * | | 95,940 | |
| | | 180,762 | 2.84% |
| | | | |
Electromedical & Electrotherapy | | | |
5,000 | Syneron Medical Ltd. * | | 88,600 | 1.39% |
| | | | |
Engines & Turbines | | | |
5,000 | China Yuchai International Ltd. | | 69,650 | 1.09% |
| | | | |
Farm Machinery & Equipment | | | |
1,000 | AGCO Corp. * | | 22,620 | 0.36% |
| | | | |
Fire, Marine & Casual Insurance | | | |
3,000 | 21st Century Holding Co. | | 34,860 | 0.55% |
| | | | |
Games, Toys & Children's Vehicles | | | |
5,000 | Leapfrog Enterprises, Inc. * | | 101,250 | 1.59% |
| | | | |
Hospital & Medical Service Plans | | | |
2,000 | Centene Corp. * | | 85,160 | |
3,000 | Humana, Inc. * | | 59,940 | |
| | | 145,100 | 2.28% |
| | | | |
Industrial Inorganic Chemicals | | | |
1,000 | NL Industries, Inc. | | 18,310 | 0.29% |
| | | | |
Measuring & Controlling Device | | | |
10,000 | RAE Systems, Inc. * | | 55,800 | 0.88% |
| | | | |
Miscellaneous Electrical Machinery | | | |
2,000 | Electro Scientific Industries, Inc. * | | 34,700 | 0.55% |
| | | | |
Miscellaneous Food Preparation | | | |
30,000 | Medifast, Inc. * | | 134,400 | 2.11% |
| | | | |
Periodicals: Publishing or Publishing & Printing | | | |
3,000 | Martha Stewart Living * | | 47,100 | 0.74% |
| | | | |
Pharmaceutical Preparations | | | |
9,000 | Biovail Corp. * | | 155,700 | |
10,000 | Indevus Pharmaceuticals, Inc. * | | 70,900 | |
5,000 | Nastech Pharmaceutical Co., Inc. * | | 71,450 | |
| | | 298,050 | 4.69% |
| | | | |
*Non-Income Producing Securities.
The accompanying notes are an integral part of the
financial statements.
2004 Semi-Annual Report 4
Birmiwal Oasis Fund | | | |
| | | | |
| | | | |
| | | Schedule of Investments |
| | September 30, 2004 (Unaudited) |
| | | | |
Shares/Principal Amount | | Market Value | % of Assets |
| | | | |
COMMON STOCKS | | | |
| | | | |
Pharmaceutical Preparations | | | |
9,000 | Biovail Corp. * | | 155,700 | |
10,000 | Indevus Pharmaceuticals, Inc. * | | 70,900 | |
5,000 | Nastech Pharmaceutical Co., Inc. * | | 71,450 | |
| | | 298,050 | 4.69% |
| | | | |
Photographic Equipment & Supplies | | | |
7,000 | Eastman Kodak Co. | | 225,540 | |
15,000 | IMAX Corp. * | | 84,450 | |
| | | 309,990 | 4.87% |
| | | | |
Radio & TV Broadcasting & Communications Equipment | | |
5,000 | Nokia Corp. | | 68,600 | 1.08% |
| | | | |
Retail- Miscellaneous Shopping | | | |
3,000 | Sports Authority, Inc. * | | 69,600 | 1.09% |
| | | | |
Semiconductors & Related Devices | | | |
7,500 | AU Optronics Corp. ADR | | 93,900 | |
15,000 | Chipmos Technologies Ltd. * | | 104,850 | |
5,000 | Leadis Technology, Inc. * | | 56,400 | |
15,000 | Mindspeed Technologies * | | 30,000 | |
40,000 | Omnivision Technologies * | | 566,000 | |
10,000 | O N Semiconductor Corp. * | | 31,300 | |
10,000 | Silicon Storage Technology, Inc. * | | 63,700 | |
| | | 946,150 | 14.88% |
| | | | |
Services- Advertising | | | |
10,000 | 24/7 Real Media, Inc. | | 38,300 | 0.60% |
| | | | |
Services- Business Services | | | |
16,000 | Kongzhong * | | 107,520 | |
20,000 | Universal Guardian Holdings, Inc. * | | 31,600 | |
55,000 | Webzen, Inc. ADR * | | 338,250 | |
| | | 477,370 | 7.51% |
| | | | |
Services-Computer Integrated Systems Design | | | |
8,000 | @Road, Inc* | | 33,760 | |
13,250 | Sento Corp. * | | 83,475 | |
| | | 117,235 | 1.84% |
| | | | |
Services- Computer Programming | | | |
9,600 | Mamma.com * | | 60,960 | 0.96% |
| | | | |
Services- Engineering Services | | | |
4,000 | VSE Corp. | | 122,600 | 1.93% |
| | | | |
Services- Offices & Clinics | | | |
35,000 | Metropolitan Health Networks, Inc. | | 50,050 | 0.79% |
| | | | |
Services- Prepackaged Software | | | |
1,000 | Microsoft Corp. | | 27,650 | 0.43% |
| | | | |
Ship & Boat Building & Repairing | | | |
28,659 | Fountain Powerboat Industries, Inc. * | | 102,886 | 1.62% |
| | | | |
Sporting & Athletic Goods | | | |
4,000 | Aldila, Inc. | | 40,000 | 0.63% |
| | | | |
Steel Works, Blast Furnaces & Rolling Mills | | | |
2,500 | Wheeling-Pittsburgh Corp. * | | 78,275 | 1.23% |
| | | | |
Telephone & Telegraph Apparatus | | | |
5,000 | Qiao Xing Universal Telephone, Inc. * | | 41,250 | 0.65% |
| | | | |
Total for Common Stock (Cost $4,262,707) | | 4,348,318 | 68.37% |
| | | | |
Cash and Equivalents | | | |
2,083,838 | First American Treasury Obligation Fund Cl S .99% ** | 2,083,838 | 32.77% |
| (Cost $2,083,838) | | | |
| | | | |
| Total Investments | | 6,432,156 | 101.14% |
| (Cost - $6,346,545) | | | |
| | | | |
| Liabilities in Excess of Other Assets | | (72,239) | -1.14% |
| | | | |
| Net Assets | | $ 6,359,917 | 100.00% |
| | | | |
| | | | |
| | | | |
*Non-Income Producing Securities.
**Variable rate security; the coupon rate shown
represents the rate at September 30, 2004.
The accompanying notes are an integral part of the
financial statements.
2004 Semi-Annual Report 5
Birmiwal Oasis Fund | |
| |
Statement of Assets and Liabilities | |
September 30, 2004 (Unaudited) | |
| |
Assets: | |
Investment Securities at Market Value | $ 6,432,156 |
(Cost - $6,346,545) | |
Cash | 1,000 |
Receivables: | |
Receivable for Securities Sold | 1,229,514 |
Dividends and Interest | 1,634 |
Total Assets | 7,664,304 |
Liabilities | |
Advisory Fees Payable | 53,261 |
Payable For Securities Purchased | 1,251,126 |
Total Liabilities | 1,304,387 |
Net Assets | $ 6,359,917 |
Net Assets Consist of: | |
Paid In Capital | 6,890,019 |
Accumulated Net Investment Loss | (130,547) |
Accumulated Realized Gain (Loss) on Investments - Net | (485,167) |
Unrealized Appreciation in Value | |
of Investments Based on Identified Cost - Net | 85,611 |
Net Assets, for 262,994 Shares Outstanding | $ 6,359,917 |
(Unlimited number of shares authorized without par value) | |
Net Asset Value, Offering Price and Redemption Price | |
Per Share ($6,359,917/262,994 shares) | $ 24.18 |
| |
Statement of Operations | |
For the six-month period ended September 30, 2004 (Unaudited) | |
| |
Investment Income: | |
Dividends | $ 4,224 |
Interest | 6,205 |
Total Investment Income | 10,429 |
Expenses: (Note 3) | |
Management Fees | 140,976 |
Total Expenses | 140,976 |
| |
Net Investment Loss | (130,547) |
| |
Realized and Unrealized Gain (Loss) on Investments: | |
Realized Gain (Loss) on Investments | (371,687) |
Net Change In Unrealized Appreciation (Depreciation) on Investments | (153,450) |
Net Realized and Unrealized Gain (Loss) on Investments | (525,137) |
| |
Net Increase (Decrease) in Net Assets from Operations | $ (655,684) |
| |
| |
| |
The accompanying notes are an integral part of the
financial statements.
2004 Semi-Annual Report 6
Birmiwal Oasis Fund | | | | |
| | | | |
Statements of Changes in Net Assets | | | | |
| (Unaudited) | | | |
| 4/1/2004 | | 4/1/2003 ** | |
| to | | to | |
| 9/30/2004 | | 3/31/2004 | |
From Operations: | | | | |
Net Investment Loss | $ (130,547) | | $ (55,698) | |
Net Realized Gain (Loss) on Investments | (371,687) | | 2,711,450 | |
Net Change In Unrealized Appreciation (Depreciation) | (153,450) | | 239,062 | |
Increase (Decrease) in Net Assets from Operations | (655,684) | | 2,894,814 | |
From Distributions to Shareholders: | | | | |
Net Investment Income | 0 | | 0 | |
Net Realized Gain from Security Transactions | (1,611,100) | | (1,158,132) | |
Change in Net Assets from Distributions | (1,611,100) | | (1,158,132) | |
From Capital Share Transactions: | | | | |
Proceeds From Sale of Shares | 272,756 | | 3,916,451 | |
Shares Issued on Reinvestment of Dividends | 1,611,100 | | 1,158,132 | |
Cost of Shares Redeemed | (155,312) | | (13,108) | |
Net Increase (Decrease) from Shareholder Activity | 1,728,544 | | 5,061,475 | |
| | | | |
Net Increase (Decrease) in Net Assets | (538,240) | | 6,798,157 | |
| | | | |
Net Assets at Beginning of Period | 6,898,157 | | 100,000 | |
Net Assets at End of Period | $ 6,359,917 | | $ 6,898,157 | |
| | | | |
| | | | |
Share Transactions: | | | | |
Issued | 9,595 | | 149,720 | |
Reinvested | 66,629 | | 39,166 | |
Redeemed | (6,733) | | (383) | |
Net increase (decrease) in shares | 69,491 | | 188,503 | |
Shares outstanding beginning of period | 193,503 | | 5,000 | |
Shares outstanding end of period | 262,994 | | 193,503 | |
| | | | |
Financial Highlights | | | | |
| (Unaudited) | | | |
Selected data for a share outstanding throughout the period: | 4/1/2004 | | 4/1/2003 ** | |
| to | | to | |
| 9/30/2004 | | 3/31/2004 | |
Net Asset Value - | | | | |
Beginning of Period | $ 35.65 | | $ 20.00 | |
Net Investment Income/(Loss) *** | (0.56) | | (0.43) | |
Net Gains or Losses on Securities | | | | |
(realized and unrealized) | (2.77) | | 24.15 | |
Total from Investment Operations | (3.33) | | 23.72 | |
| | | | |
Distributions (From Net Investment Income) | 0.00 | | 0.00 | |
Distributions (From Capital Gains) | (8.14) | | (8.07) | |
Total Distributions | (8.14) | | (8.07) | |
| | | | |
Net Asset Value - | | | | |
End of Period | $ 24.18 | | $ 35.65 | |
| | | | |
Total Return (a) | (9.35)% | | 126.90% | |
Ratios/Supplemental Data | | | | |
Net Assets - End of Period (Thousands) | 6,360 | | 6,898 | |
| | | | |
Before Waivers | | | | |
Ratio of Expenses to Average Net Assets | 4.48% | * | 2.90% | |
Ratio of Net Income to Average Net Assets | -4.15% | * | -2.68% | |
| | | | |
After Waivers | | | | |
Ratio of Expenses to Average Net Assets | 4.48% | * | 1.50% | |
Ratio of Net Income to Average Net Assets | -4.15% | * | -1.28% | |
Portfolio Turnover Rate | 997.77% | * | 1015.55% | |
| | | | |
* Annualized | | | | |
** commencement of operations. | | | | |
*** Based on Average Daily Shares Outstanding for the period. | | | |
(a) Total return in the above table represents the rate that the investor would | | |
have earned or lost on an investment in the Fund assuming reinvestment of dividends. | |
| | | | |
The accompanying notes are an integral part of the
financial statements.
2004 Semi-Annual Report 7
NOTES TO FINANCIAL STATEMENTS
BIRMIWAL OASIS FUND
September 30, 2004
(Unaudited)
1.) ORGANIZATION
Birmiwal Oasis Fund (the "Fund") is a non-diversified series of the Birmiwal Investment Trust (the "Trust"), an open-end investment company. The Trust was organized in Ohio as a business trust on January 3, 2003 and commenced operations on April 1, 2003. The Fund may offer shares of beneficial interest in a number of separate series, each series representing a distinct fund with its own investment objectives and policies. At present, there is only one series authorized by the Trust. Birmiwal Asset Management, Inc. is the adviser to the Fund (the "Adviser"). The Fund's primary investment objective is to seek capital appreciation. Significant accounting policies of the Fund are presented below:
2.) SIGNIFICANT ACCOUNTING POLICIES
SECURITY VALUATION: Securities that are traded on any exchange or on the NASDAQ over-the-counter market are valued at the last quoted sale price. Lacking a last sale price, a security is valued at its last bid price except when, in the Adviser's opinion, the last bid price does not accurately reflect the current value of the security. All other securities for which over-the-counter market quotations are readily available are valued at their last bid price. When market quotations are not readily available, when the Adviser determines the last bid price does not accurately reflect the current value or when restricted securities are being valued, such securities are valued as determined in good faith by the Adviser, in conformity with guidelines adopted by and subject to review of the Board of Trustees.
Fixed income securities generally are valued by using market quotations, but may be valued on the basis of prices furnished by a pricing service when the Adviser believes such prices accurately reflect the fair market value of such securities. A pricing service utilizes electronic data processing techniques based on yield spreads relating to securities with similar characteristics to determine prices for normal institutional-size trading units of debt securities without regard to sale or bid prices. If the Adviser decides that a price provided by the pricing service does not accurately reflect the fair market value of the securities, when prices are not readily available from a pricing service or when restricted or illiquid securities are being valued, securities are valued at fair value as determined in good faith by the Adviser, in conformity with guidelines adopted by and subject to review of the Board of Trustees. Short term investments in fixed inco me securities with maturities of less than 60 days when acquired, or which subsequently are within 60 days of maturity, are valued by using the amortized cost method of valuation, which the Board of Trustees has determined will represent fair value.
In accordance with the Trust’s good faith pricing guidelines, the Adviser is required to consider all appropriate factors relevant to the value of securities for which it has determined other pricing sources are not available or reliable as described above. No single standard for determining fair value controls, since fair value depends upon the circumstances of each individual case. As a general principle, the current fair value of securities being valued by the adviser would appear to be the amount which the owner might reasonably expect to receive for them upon their current sale. Methods which are in accord with this principle may, for example, be based on (i) a multiple of earnings; (ii) a discount from market of a similar freely traded security (including a derivative security or a basket of securities traded on other markets, exchanges or among dealers); or (iii) yield to maturity with respect to debt issues, or a combination of these and oth er methods.
SECURITY TRANSACTION TIMING: Security transactions are recorded on a trade date basis. Dividend income is recognized on the ex-dividend date. Interest income is recognized on an accrual basis. Discounts and premiums on securities purchased are amortized over the life of the respective securities.
2004 Semi-Annual Report 8
Notes to the Financial Statements - continued
FEDERAL INCOME TAXES: The Fund’s policy is to continue to comply with the requirements of Subchapter M of the Internal Revenue Code that are applicable to regulated investment companies and to distribute all of its taxable income to its shareholders. Therefore, no federal income tax provision is required. It is the Fund's policy to distribute annually, prior to the end of the calendar year, dividends sufficient to satisfy excise tax requirements of the Internal Revenue Service. This Internal Revenue Service requirement may cause an excess of distributions over the book year-end accumulated income. In addition, it is the Fund's policy to distribute annually, after the end of the fiscal year, any remaining net investment income and net realized capital gains.
DISTRIBUTIONS TO SHAREHOLDERS: Distributions to shareholders, which are determined in accordance with income tax regulations, are recorded on the ex-dividend date.
USE OF ESTIMATES: The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates.
OTHER: Generally accepted accounting principles require that permanent financial reporting tax differences relating to shareholder distributions be reclassified to paid in capital or net realized short-term gains.
3.) INVESTMENT ADVISORY AGREEMENT
The Fund has entered into an Investment Advisory Agreement with Birmiwal Asset Management, Inc. (the "Adviser"). Under the terms of the Investment Advisory Agreement, the Adviser manages the investment portfolio of the Fund, subject to policies adopted by the Trust’s Board of Trustees. Under the Investment Advisory Agreement, the Adviser, at its own expense and without reimbursement from the Trust, furnishes office space and all necessary office facilities, equipment and executive personnel necessary for managing the assets of the Fund. The Adviser also pays the salaries and fees of all of its officers and employees that serve as officers and trustees of the Trust. The Adviser pays all operating expenses of the Fund, with the exception of taxes, borrowing expenses (such as (i) interest and (ii) dividend expenses on securities sold short), brokerage commissions and extraordinary expenses.
For its services and its agreement to pay the Fund’s operating expenses, the Adviser receives a variable performance-based management fee comprised of a base rate of 2.90% of the Fund's average daily net assets, which is subject to a performance adjustment in accordance with a rate schedule found in the prospectus. The performance adjustment increases or decreases the fee paid by the Fund to the Adviser based on the Fund's performance relative to the S&P 500 Index over the most recent 12-month period. If the Fund's return for the period is within 2.00% (two percentage points) of the return on the S&P 500 Index, no adjustment is made. If the difference between the performance of the Fund and the S&P 500 Index exceeds 2.00% (two percentage points), the performance adjustment is made at a rate that varies linearly with the difference between the Fund's performance and that of the S&P 500 Index. The resulting perf ormance adjustment rate can be as high as 2.40% if the Fund outperforms the S&P 500 Index by 14% (fourteen percentage points) or more, and as low as -2.40% if the Fund underperforms the S&P 500 Index by 14% (fourteen percentage points) or more.
For the six month period ended September 30, 2004, the Adviser earned management fees totaling $140,976. At September 30, 2004, the Fund owed the Adviser $53,261.
4.) RELATED PARTY TRANSACTIONS
Kailash Birmiwal, Ph. D. is the control person of the Adviser and also serves as a trustee/officer of the Fund. This individual receives benefits from the Adviser resulting from management fees paid to the Adviser by the Fund.
2004 Semi-Annual Report 9
Notes to the Financial Statements - continued
The Fund has entered into agreements with Mutual Shareholder Services (“MSS”) for fund accounting and transfer agency services. An officer and shareholder of MSS is also an officer of the Fund. Fees paid to MSS are paid by the Adviser.
5.) CAPITAL STOCK
The Trust is authorized to issue an unlimited number of shares without par value. Paid in capital at September 30, 2004 was $6,890,019 representing 262,994 shares outstanding.
6.) INVESTMENT TRANSACTIONS
For the six month period ended September 30, 2004, purchases and sales of investment securities other than U.S. Government obligations and short-term investments aggregated $40,697,464 and $37,848,424, respectively. Purchases and sales of U.S. Government obligations aggregated $0 and $0, respectively.
For Federal income tax purposes, the cost of investments owned at September 30, 2004 was $6,346,545. At September 30, 2004, the composition of gross unrealized appreciation (the excess of value over tax cost) and depreciation (the excess of tax cost over value) for federal income tax purposes was as follows:
Appreciation (Depreciation) Net Appreciation (Depreciation)
$342,788 ($257,177) $85,611
7.) CONTROL OWNERSHIP
The beneficial ownership, either directly or indirectly, of more than 25% of the voting securities of a fund creates a presumption of control of the fund, under Section 2(a)(9) of the Investment Company Act of 1940. As of September 30, 2004, Kailash Birmiwal, Ph. D. held, in aggregate, more than 85% of the Birmiwal Oasis Fund.
8.) DISTRIBUTIONS TO SHAREHOLDERS
On June 15, 2004 a distribution of $8.1351 per share was declared. The dividend was paid on June 15, 2004 to shareholders of record on June 15, 2004.
The tax character of distributions paid was as follows:
Distributions paid from:
Six Months ended Year ended
September 30, 2004 March 31, 2004
Ordinary Income: $ 0 $ 0
Short-term Capital Gain 1,611,100 1,158,132
Long-term Capital Gain 0 0
$1,611,100 $1,158,132
2004 Semi-Annual Report 10
Board of Trustees
Kailash Birmiwal, Ph. D.
Rajendra K. Bordia, Ph. D.
Hemant K. Gupta, Ph. D.
Veera S. Karukonda
Bal K. Sharma, Dr.
Investment Adviser
Birmiwal Asset Management, Inc.
5270 Highland Drive
Bellevue, WA 98006
Dividend Paying Agent,
Shareholders' Servicing Agent,
Transfer Agent
Mutual Shareholder Services, LLC
8869 Brecksville Rd., Suite C
Brecksville, OH 44141
Custodian
U.S. Bank, NA
425 Walnut Street
P.O. Box 1118
Cincinnati, OH 45201
Fund Administrator
Premier Fund Solutions Inc.
480 N. Magnolia Avenue, Suite 103
El Cajon, CA 92020
Legal Counsel
Thompson Hine LLP
312 Walnut Street, 14th Floor
Cincinnati, OH 45202
Independent Auditors
Cohen McCurdy, Ltd.
826 Westpoint Pkwy., Ste 1250
Westlake, OH 44145-1594
PROXY VOTING GUIDELINES
Birmiwal Asset Management, Inc., the Fund’s Adviser, is responsible for exercising the voting rights associated with the securities held by the Fund. A description of the policies and procedures used by the Adviser in fulfilling this responsibility is available without charge on the Fund’s website at www.birmiwal.com. It is also included in the Fund’s Statement of Additional Information, which is available on the Securities and Exchange Commission’s website at http://www.sec.gov.
Information regarding how the Fund voted proxies, Form N-PX, relating to portfolio securities during the most recent 12-month period ended June 30, 2004 is available without charge, upon request, by calling our toll free number (1-800-417-5525). This information is also available on the Securities and Exchange Commission’s website at http://www.sec.gov.
This report is provided for the general information of the shareholders of the Birmiwal Oasis Fund. This report is not intended for distribution to prospective investors in the funds, unless preceded or accompanied by an effective prospectus.
Item 2. Code of Ethics. Not applicable.
Item 3. Audit Committee Financial Expert. Not applicable.
Item 4. Principal Accountant Fees and Services. Not applicable.
Item 5. Audit Committee of Listed Companies. Not applicable.
Item 6. Schedule of Investments. Not applicable. Schedule filed with Item 1.
Item 7. Disclosure of Proxy Voting Policies and Procedures for Closed-End Funds. Not applicable.
Item 8. Purchases of Equity Securities by Closed-End Funds. Not applicable.
Item 9. Submission of Matters to a Vote of Security Holders.
The registrant has not adopted procedures by which shareholders may recommend nominees to the registrant’s board of trustees.
Item 10. Controls and Procedures.
(a)
The Registrant’s President and Treasurer have concluded that the Registrant’s disclosure controls and procedures (as defined in Rule 30a3(c) under the Investment Company Act of 1940 (the “Act”)) are effective as of a date 90 days of the filing date of the report that includes the disclosure required by this paragraph, based on the elevation of these controls and procedures required by Rule 30a-3(b) under the Act.
(b)
There were no significant changes in the registrant’s internal control over financial reporting (as defined in Rule 30a-3(d) under the Act) that occurred during the registrant’s last fiscal half-year that have materially affected, or is reasonably likely to materially affect, the registrant’s internal; control over financial reporting.
Item 11. Exhibits.
(a)(1)
Any code of ethics or amendment hereto. Not applicable.
(a)(2)
Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. Filed herewith.
(b) Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. Furnished herewith.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934 and the Investment Company Act of 1940, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
Birmiwal Investment Trust
By : /s/ Kailash Birmiwal
Kailash Birmiwal
President
Date 12-7-04
Pursuant to the requirements of the Securities Exchange Act of 1934 and the Investment Company Act of 1940, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated.
By : /s/ Kailash Birmiwal
Kailash Birmiwal
President
Date 12-7-04
By : /s/ Kailash Birmiwal
Kailash Birmiwal
Chief Financial Officer
Date 12-7-04