IPE RA magazine Nov/Dec 2021
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email@example.com Telephone number: +44 (0)20 3465 9300November 2014
DEFINITIONS for registration
An ‘Overseas Visitor’ is a person who is domiciled outside the United Kingdom, who (i) expressly agrees only to visit the Service when they are outside the United Kingdom; and (ii) expressly confirms that they are entitled, under the law of the country in which they are domiciled and from which they will visit the Service (if different), to receive the information thereon and to access the contents thereof, whether that information and/or those contents are or may be financial promotions (under section 21 of the Financial Services and Markets Act 2000) (Financial Promotions ), or not.
The Financial Promotions on the IPE.com Reference Hub part of the Service must not be acted upon by persons in the United Kingdom (unless they are Investment Professionals, High Net Worth Companies, High Net Worth Unincorporated Associations, or the Trustees of a High Value Trust).
There are in place proper systems and procedures to prevent visitors from the United Kingdom (other than those to whom these Financial Promotions may lawfully be communicated) from engaging in the investment activities to which the Financial Promotions on the IPE.com Reference Hub relate, with the person directing the communication, a close relative of his, or a member of the same group.
‘Investment Professional’ means:
(i) an authorised person (as that term is defined in the Glossary to the Handbook of Rules and Guidance maintained by the Prudential Regulation Authority and/or the Financial Conduct Authority of the United Kingdom) (the Glossary );
(ii) an exempt person (as that term is defined in the Glossary), where the Financial Promotions on the Service relate to a controlled activity (as that term is defined by section 21(9) of the Financial Services and Markets Act 2000) (a Controlled Activity ) which is a regulated activity to which the person is exempt;
(iii) any other person (1) whose ordinary activities involve him in carrying on the Controlled Activities to which the Financial Promotions on the Service relate for the purposes of a business carried on by him; or (2) who it is reasonable to expect will carry on such an activity for the purposes of a business carried on by him;
(iv) a government, local authority, or international organisation; or
(v) a person (‘A’) who is director, officer or employee of a person (‘B’) falling within any of sub-paragraphs (i) to (iv) where the Financial Promotion is made to A in that capacity and where A’s responsibilities when acting in that capacity involve him in the carrying on by B of Controlled Activities.
The Financial Promotions on the IPE.com Reference Hub part of the Service are directed at Overseas Persons, Investment Professionals, High Net Worth Companies, High Net Worth Unincorporated Associations, and the Trustees of High Value Trusts.
There are in place proper systems and procedures to prevent anyone else from engaging in the investment activities to which the Financial Promotions on the IPE.com Reference Hub relate, with the person directing the communication, a close relative of his, or a member of the same group.
Persons who do not have professional experience in matters relating to investments should not rely on the Financial Promotions on the IPE.com Reference Hub part of the Service
‘High Net Worth Companies, High Net Worth Unincorporated Associations, and the Trustees of High Value Trusts’ means:
(i) anybody corporate which has, or which is a member of the same group as an undertaking which has, a called-up share capital or net assets of not less than (1) if the body corporate has more than 20 members or is a subsidiary undertaking of an undertaking which has more than 20 members, £500,000; or (2) (otherwise) £5 million;
(ii) any unincorporated association or partnership which has net assets of not less than £5 million;
(iii) the trustee of a high value trust;
(iv) any person (‘A’) whilst acting in the capacity of director, officer or employee of a person (‘B’) falling within any of (i) to (iii) where A’s responsibilities, when acting in that capacity, involve him in B’s engaging in investment activity;
(v) any person to whom the Financial Promotion may otherwise lawfully be communicated.
For these purposes, called up share capital has the meaning given in section 547 of the Companies Act 2006.
High Value Trust means a trust where the aggregate value of the cash and investments which form part of the trust’s assets (before deducting the amount of its liabilities) is £10 million; or has been £10 million or more at any time during the year immediately preceding the date on which the Financial Promotion in question was first made or directed.
Net Assets has the meaning given in section 83 of the Companies Act 2006.
The Financial Promotions on the IPE.com Reference Hub part of the Service are directed at Overseas Persons, Investment Professionals, High Net Worth Companies, High Net Worth Unincorporated Associations, and the Trustees of High Value Trusts and the controlled activities and controlled investments to which they relate are only available to such person. Other persons should not act upon them.
There are in place proper systems and procedures to prevent anyone else from engaging in the investment activities to which the Financial Promotions on the IPE.com Reference Hub relate, with the person directing the communication, a close relative of his, or a member of the same group.”
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