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Notice to Investors – exemptions from section 21
This financial promotion is exempt from the general restriction (in section 21 of The Financial Services And Markets Act 2000 (Financial Promotions) Order 2005) on the communication of invitations or inducements to engage in investment activity on the grounds that it is made to a:
- Certified high net worth individual (Article 48 of the Act), or
- High Net Worth Company (Article 49 of the Act)
- Certified sophisticated investor (Article 50 of the Act), or
- Self-Certified sophisticated investor (Article 50a of the Act), or
- Members of an association of High Net Worth or Sophisticated Investors (Section 51 of the Act)
Details of what is required to qualify under one of the headings are as follows:
A certified high net worth investor is an individual who has signed, within the period of twelve months ending with the day on which the communication is made, a statement in the following terms:
Statement for High Net Worth Investor
I make this statement so that I can receive promotional communications which are exempt from the restriction on promotion of non-mainstream pooled investments. The exemption relates to certified High Net Worth Investors and I declare that I qualify as such because at least one of the following applies to me:
I had, throughout the financial year immediately preceding the date below, an annual income to the value of £100,000 or more. Annual income for these purposes does not include money withdrawn from my pension savings (except where the withdrawals are used directly for income in retirement).
I held, throughout the financial year immediately preceding the date below, net assets to the value of £250,000 or more. Net assets for these purposes do not include:
(a) the property which is my primary residence or any money raised through a loan secured on that property; or
(b) any rights of mine under a qualifying contract of insurance; or
(c) any benefits (in the form of pensions or otherwise) which are payable on the termination of my service or on my death or retirement and to which I am (or my dependants are), or may be, entitled; or
(d) any withdrawals from my pension savings (except where the withdrawals are used directly for income in retirement).
I accept that the investments to which the promotions will relate may expose me to a significant risk of losing all of the money or other property invested. I am aware that it is open to me to seek advice from an authorised person who specialises in advising on non-mainstream pooled investments.
A certified Sophisticated Investor is an individual:
(1) who has a written certificate signed within the last 36 months by a firm confirming he has been assessed by that firm as sufficiently knowledgeable to understand the risks associated with engaging in investment activity in non-mainstream pooled investments; and
(2) who has signed, within the period of twelve months ending with the day on which the communication is made, a statement in the following terms:
Statement for Sophisticated Investor
I make this statement so that I can receive promotional communications which are exempt from the restriction on promotion of non-mainstream pooled investments. The exemption relates to certified sophisticated investors and I declare that I qualify as such.
I accept that the investments to which the promotions will relate may expose me to a significant risk of losing all of the money or other property invested. I am aware that it is open to me to seek advice from an authorised person who specialises in advising on non-mainstream pooled investments.
