Amendment of the Financial Services and Markets Act 2000 (Financial Promotion) Order 20057
1
Article 50A (self-certified sophisticated investors) is amended as follows.
2
For paragraph (1) substitute—
1
“Self-certified sophisticated investor” means an individual—
a
who has completed and signed, within the period of twelve months ending with the day on which the communication is made, a statement complying with Part 2 of Schedule 5; and
b
whose completion of that statement indicates that they satisfy the conditions set out in the statement to be classified as a self-certified sophisticated investor.
3
In paragraph (2), for “signed” substitute “completed and signed”
.
4
In paragraph (4), in the words before sub-paragraph (a) and in sub-paragraph (b)—
a
after “a warning”, insert “and information”
;
b
after “in accordance with paragraphs (5)” insert “, (5A)”
.
5
After paragraph (5), insert—
5A
In addition to the warning in paragraph (5), the requirements of this paragraph are that the communication is accompanied by the following information—
a
the full name of the person making the communication, or on whose behalf the communication is made;
b
a postal or electronic address to which a person should send requests for further information or any other enquiry regarding the matters to which the communication relates; and
c
if applicable—
i
the country or territory in which the person making the communication, or on whose behalf the communication is made, is incorporated;
ii
where different from the information provided under (b), the address of the registered office of the person making the communication, or on whose behalf the communication is made; and
iii
the company number, or unique identification equivalent to a registered number required by the law of the state in which it is incorporated, of the person making the communication, or on whose behalf the communication is made.
6
In paragraph (6), after “The warning”, insert “and information”
.