The content of this promotion has not been approved by an authorised person within the meaning of the Financial Services and Markets Act 2000. Reliance on this promotion for the purpose of engaging in any investment activity may expose an individual to a significant risk of losing all of the property or other assets invested.
This notice accompanies certain investment or promotional materials (“Material”) either attached to or provided at the same time as the notice.
The Material is exempt from the general restriction (section 21 of FSMA) on the communication of invitations or inducements to engage in investment activity on the grounds that it is only made to or directed at persons falling within the one or more of the exemptions set out in the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (FPO), including, but not limited to:
INVESTMENT PROFESSIONALS (article 19 FPO): persons having professional experience in matters relating to investments as more fully described in article 19 FPO; CERTIFIED HIGH NET WORTH INDIVIDUALS (article 48 FPO): individuals who have signed, within the previous 12 months, a statement confirming, among other things, that they had an annual income to the value of £100,000 or more or net assets to the value of £250,000 or more and accept that they can lose their property and other assets from making investment decisions based on financial promotions; HIGH NET WORTH COMPANIES, UNINCORPORATED ASSOCIATIONS ETC (article 49 FPO): corporate entities, unincorporated associations and trustees of high value trusts each meeting specific criteria as more fully described in article 49 FPO; CERTIFIED SOPHISTICATED INVESTORS (article 50 FPO): individuals with a current certificate, signed by a person authorised under FSMA within the previous 3 years, stating that they are sufficiently knowledgeable to understand the risks associated with investments acknowledging indebtedness of an unlisted company (i.e. unlisted bonds) and who have signed, within the previous 12 months, a statement in the terms specified in article 50(1) (b) FPO; and SELF-CERTIFIED SOPHISTICATED INVESTORS (article 50A FPO): individuals who have signed, within the previous 12 months, a statement confirming that, among other things, they (a) are a member of a network or syndicate of business angels and have been so for at least the last six months, (b) have made more than one investment in an unlisted company in the last two years, (c) are working, or have worked in the last two years, in a professional capacity in the private equity sector or in the provision of finance for small and medium enterprises, or (d) are currently, or have been in the last two years, a director of a company with an annual turnover of at least £1 million, and accept that they can lose their property from making investment decisions based on financial promotions.
Without reliance on the above exemptions, the Material would require approval, for the purposes of section 21 of FSMA, by an authorised person within the meaning of FSMA.
Persons who do not fall within one of the above exemptions (or any other applicable exemption) should not rely on or act upon the Material and will not be permitted to invest in opportunity described in the Material. The Material cannot be made available to such persons.
If you are in any doubt about the action you should take or the contents of this notice or the Material, you should contact your stockbroker, solicitor, accountant, bank manager or other professional adviser authorised under the Financial Services and Markets Act 2000 (FSMA), who specialises in advising on investment in shares and other securities, including unlisted securities.