The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) (No. 2) Order 2023
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Change 1
13 Amendment of the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001
(1) Article 23A (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 the Schedule; 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)(b), in the words before paragraph (i) and in paragraph (ii)— (a) after “a warning”, insert “and information”; and (b) after “in accordance with paragraphs (5)” insert “, (5A)”. (5) After paragraph (5), insert— (5A) The warning must be 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”.
13 Amendment of the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001
(1) Article 23A (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 the Schedule; 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)(b), in the words before paragraph (i) and in paragraph (ii)— (a) after “a warning”, insert “and information”; and (b) after “in accordance with paragraphs (5)” insert “, (5A)”. (5) After paragraph (5), insert— (5A) The warning must be 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”.
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