Amendment of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
7.—(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”.