DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles of Association I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form within 30 days. I declare that I have read, agreed and understood the contents of this subscription form and that I have had the opportunity prior to completing this form to request and read the Issuing Document and Articles of Association of the Company. I understand that the subscription for Shares is made subject to the terms of such documents and the terms and conditions of this form (including the Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and their ultimate economic beneficiaries as well as the origin of the money invested. None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries I declare that I have full legal capacity to subscribe in, hold and/or deal with the Shares. I acknowledge that the Company is not registered under the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. I agree that the Shares cannot be sold or transferred to or for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire Shares. I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money laundering laws and regulations. I agree that the Company and its agents (including Banque de Patrimoines Privés) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice of the contrary, the applicant assuming all risks, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company from any liability in that respect. I / We confirm that I/we did declare all revenues to the competent tax authorities and that the source of funds is not related to tax evasion in any other jurisdiction.
Appears in 1 contract
Sources: Subscription Agreement
DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles of Association Limited Partnership Agreement Beneficial Owner Capacity Non U.S. Person I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form agreement within 30 days. I declare that I have read, agreed and understood the contents of this subscription form agreement and that I have had the opportunity prior to completing this form to request and read the Issuing Document and Articles of Association Limited Partnership Agreement of the CompanyPartnership. I understand that the subscription for Shares Units is made subject to the terms of such documents and the terms and conditions of this form agreement (including the Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and their ultimate economic beneficiaries as well as the origin of the money invested. None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries I declare that I have full legal capacity to subscribe in, hold and/or deal with the SharesUnits. I hereby declare that Units are not acquired directly or indirectly or on behalf of a US Person as defined in the Issuing Document nor a corporation controlled by, or a majority of whose units are held by, US Persons or by or on behalf of any person in any other jurisdiction that would be restricted or prohibited to acquire Units. I acknowledge that the Company Partnership is not registered under the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance KID Eligible Investor I agree that the Shares Units cannot be sold or transferred to or for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire SharesUnits. I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money anti-money laundering laws and regulations. I agree that the Company Partnership and its agents (including Banque de Patrimoines Privés) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice of the contrary, the applicant assuming all risks, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company Partnership from any liability in that respect.
I / I/ We confirm that I/we did declare all revenues to the competent tax authorities and that the source of funds is not related to tax evasion in any other jurisdiction. I do declare to adhere to the status of professional investor according to the European Regulation N°1286/2014 of the European Parliament of the Council of 26 November 2014 on key information documents (KID) for packaged retail and insurance-based investment products (PRIIPs), published on 9 December 2014 in the Official Journal of the European Union. I confirm to fulfill the criteria to qualify as an “eligible” investor as per the definition in the Issuing Document and Limited Partnership Agreement.
Appears in 1 contract
Sources: Subscription Agreement
DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles of Association I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés Opportunity Financial Services SA if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form agreement within 30 days. Subscription Agreement, Offering Memorandum and Limited Partnership Agreement I declare that I have read, agreed and understood the contents of this subscription form Subscription Agreement and that I have had the opportunity prior to completing this form agreement to request and read the Issuing Document Offering Memorandum and Articles of Association Limited Partnership Agreement of the CompanyPartnership. I understand that the subscription for Shares Units is made subject to the terms of such documents and the terms and conditions of this form agreement (including the Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). Beneficial Owner I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and their ultimate economic beneficiaries as well as the origin of the money invested. None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares Units invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries Capacity I declare that I have full legal capacity to subscribe in, hold and/or deal with the SharesUnits. Non-U.S. Person I hereby declare that Units are not acquired directly or indirectly or on behalf of a US Person as defined in the Offering Memorandum nor a corporation controlled by, or a majority of whose shares are held by, US Persons or by or on behalf of any person in any other jurisdiction that would be restricted or prohibited to acquire Units. I acknowledge that the Company Partnership is not registered under the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. Transfer Restrictions I agree that the Shares Units cannot be sold or transferred to or for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire SharesUnits. Origin of funds I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money anti-money laundering laws and regulations. Fax or other electronic transmission I agree that the Company Partnership and its agents (including Banque de Patrimoines PrivésOpportunity Financial Services SA) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice of the contrary, the applicant assuming all risks, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company Partnership from any liability in that respect.
I / . TAX Compliance I/We confirm that I/we did declare all revenues to the competent tax authorities and that the source of funds is not related to tax evasion in any other jurisdiction. Eligible Investor I confirm to fulfill the criteria to qualify as an “eligible” investor as per the definition in the Offering Memorandum and the LPA. We are knowledgeable, sophisticated and experienced in business and financial matters; we fully understand and agreed with the limitations on Transfer described in the Offering Memorandum and the LPA; we are able to bear the economic risk of our investment in the Partnership for the duration of the Partnership, we are presently able to afford the complete loss of such investment and we are under no present or contemplated future need to dispose of any Units to satisfy any existing or contemplated undertaking, need or indebtedness; and we have been afforded access to information about the business and management of the Partnership sufficient to enable us to evaluate our investment in the Partnership. We also represent and warrant that: (i) (if the Investor thereunder is not a natural person) the Person we act on behalf of is duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is incorporated; (ii) we have all requisite power and authority to invest in the Partnership, as provided herein; (iii) such investment will not result in any material violation of or conflict with (x) any term of the charter or by-laws applicable or any other organisational document or (y) any instrument by which we are bound or any law or regulation applicable; (iv) such investment has been duly authorised by all necessary action on our behalf; and (v) this Subscription Agreement has been duly executed and delivered on our behalf and constitutes our legal, valid and binding agreement enforceable against us in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganisation, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law). We are not the subject of any bankruptcy or insolvency proceedings, restructuring, receivership, liquidation, administration, proceedings for money laundering or any other proceedings having equivalent effects. There are no material actions, proceedings or investigations pending or, to the best of our knowledge, threatened against ourselves or any of our affiliates or ultimate beneficial owner(s). We are not relying on the Partnership and the General Partner or any company related thereto, or any of their partners, members, officers, counsels, agents or representatives for legal, investment or tax advice. We will seek independent legal, investment and tax advice to the extent necessary or appropriate in connection with our decision to commit to subscribe in the Partnership. All written information which we have provided under this Subscription Agreement is correct and complete as of the date hereof and may be relied upon. Should there be any material change in such information prior to acceptance of this Subscription Agreement, we will immediately provide the Partnership with notice of such change. We are aware that personal information given on this Subscription Agreement or otherwise in connection with the Commitment and details of our participation may be disclosed to the General Partner, any other companies affiliated to the General Partner and any delegate thereof, for the purpose of developing and processing the business relationship with us. CONFIDENTIALITY The Investor understands, agrees and acknowledges to the use and disclosure of all information relating to the Partnership, including all information contained in the Partnership Documents, this Subscription Agreement and any other Partnership’s documentation as well as any reports and accounts (if any) received by the Investor relating to the Partnership notably in accordance with the provisions of the Offering Memorandum. DATA PROTECTION The Investor is hereby informed and expressly consents, by signing this document, to the processing of the data voluntarily provided in this document to, as well as of any data which might be provided, for the enforcement of the agreement or regarding a query, application, or the contracting of any service or product, even after the end of the contractual relation, to the Partnership, any member of the General Partner or its affiliates (the "Group"). The Partnership (or its General Partner) as data controller; and the Administration Agent; the Investment Manager; the Advisor; the Depositary and/or any of the Partnership’s service providers or other third parties when required by law or regulation (Luxembourg or otherwise) as processors, will have access to those personal data provided. This personal data shall be held on computer and processed by the Partnership, the General Partner or their agents or delegates (as set out in the respective service agreements if any). Such data will be processed for the purposes of carrying out the services of the Partnership and the General Partner as prescribed by applicable laws such as maintaining the register of Shareholders of the Partnership and providing financial and other information to Shareholders, and to comply with applicable legal obligations including client identification and tax reporting obligations. P lease, check this box in case you accept the processing and communication of your personal data (as client´s representative) by the Partnership, for the delivery of information and advertising on the Partnership products and services, or the various Group companies products and offers. Only to the extent that you have accepted, the accepted purposes include the delivery of information and advertising, including via email, on offers, products, recommendations, services, promotional items, and customer loyalty campaigns of the Partnership and the various Group companies; data extraction and storage, and marketing surveys to adapt our commercial offers to your specific profile, and once the existing contractual relationship ends. In order to adequately enforce the subscription agreement and be able to offer you services according to your needs, on the basis of the information provided, we will create different profiles based on your interests and needs and on the Group business strategy, and as a result automated decisions will be taken on the basis of these profiles. The Partnership and the General Partner will take reasonable steps to ensure that all personal data in relation to Investors is recorded accurately and maintained in a secure and confidential format. Such personal data will be retained only as long as necessary or in accordance with applicable laws and will only be disclosed to such third parties and agents or delegates as may be permitted under applicable laws or, where appropriate, with the prior consent of the relevant Investors. This may include disclosure to third parties such as auditors and the regulators and to agents or delegates of the Partnership and the General Partner who process the data inter alia for anti-money laundering purposes, tax laws and regulations such as, but not limited to FATCA and common reporting standard ("CRS") on OECD and EU levels or for compliance with other Luxembourg legal or regulatory requirements. Personal data may also be transferred and/or disclosed to any member of the General Partner or its affiliates. Transfers/disclosures will be made in such parties legitimate interest for the purposes of maintaining global client records and providing centralized administrative services and Shareholders’ servicing also in countries, where the Partnership is offered to subscription or distributed. As part of the communications described in the previous paragraphs, international data transfers may be made to third parties or international organisations, whether there exists a European Commission decision on their adequacy or not. International transfers to countries that cannot guarantee an adequate protection level shall be made on an exceptional basis and will be made whenever they are necessary for the adequate development of the contractual relationship. The Group has data protection clauses to adequately ensure the protection of your data as part of the communication and international transfer of your data in countries in which they can be applied. Should the data provided pertain to physical persons other than the client, the latter guarantees that he/she has obtained and has their prior consent for the communication of their data and has informed them, prior to their inclusion in this document, of the purposes of the data processing, communications, and other terms established herein. The Investor guarantees the accuracy and truthfulness of the personal data provided, undertaking to keep them duly updated and to notify any changes in them. The personal data provided will be kept for the period established on the basis of these criteria: (i) legal obligation of conservation; (ii) term of the contractual relationship and service of any responsibilities derived from said relationship; and (iii) request of removal by the interested party in the applicable cases. Under the terms and scope established in the regulations in force, any person is entitled to: confirm whether the Group is processing personal data that concern you, and access them and the information related to their processing. request the rectification of inaccurate data request the removal of data, among other reasons, when they are required for the purposes for which they were collected, in which case the Group will cease to process the data except for the filing of or defence against potential claims. request the limitation of the processing of your data, in which case they will only be processed with your consent, with the exception of their storage and use for the filing of and defence against claims or for the protection of the rights of another natural or legal person or for reasons of significant public interest in the European Union or in a certain Member State. object to the processing of your data, in which case, the Group shall cease to process your data, except for the defence against potential claims. receive, in a structured, widely-used format that can be mechanically read, the personal data that concern you and that you have provided to the Group or request that the Group transfer them directly to another controller when technically possible. withdraw the consent granted, if applicable, for the purpose above, without affecting the lawfulness of the processing based on consent prior to withdrawal. The aforementioned rights of access, rectification, removal, limitation, objection, and transferability may be directly exercised by the data owner or its legal or voluntary representative, through a written communication sent to the Partnership or ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. The interested party may file a claim with the CNPD (National Commission for Data Protection) , particularly when it considers that it has not achieved satisfaction in the exercise of its rights, through the website provided for this purpose by the relevant Control Authority. The Investor further acknowledges and accepts that the Partnership, the General Partner or the service providers (if applicable) will report any relevant information in relation to the Investor's investment in the Partnership to the Luxembourg tax authorities which will exchange this information on an automatic basis with the competent authorities in the United States or other permitted jurisdictions as agreed in the FATCA Law and the CRS Law, on OECD and EU levels or equivalent Luxembourg legislation. The Investor expressly recognizes that the Partnership (or its General Partner or entities within the Group) will accept no liability with respect to any unauthorized third party receiving knowledge of or having access to such personal data, except in the case of negligence or misconduct by the Partnership (or its General Partner or entities within the Group or any of their partners, officer, director, employees or offices). Governing Law The validity, construction and performance of this Subscription Agreement will be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg. The courts of the District of Luxembourg-City have exclusive jurisdiction to settle any dispute arising out of or in connection with this Subscription Agreement, including a dispute regarding the existence, validity or termination of this Subscription Agreement. AML/KYC Documents Please complete the KYC Form B- attached to this Subscription Agreement and send it along with the documents you ar
Appears in 1 contract
Sources: Subscription Agreement
DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles of Association I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés Opportunity Financial Services SA if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form agreement within 30 days. Subscription Agreement, Offering Memorandum and Limited Partnership Agreement I declare that I have read, agreed and understood the contents of this subscription form Subscription Agreement and that I have had the opportunity prior to completing this form agreement to request and read the Issuing Document Offering Memorandum and Articles of Association Limited Partnership Agreement of the CompanyPartnership. I understand that the subscription for Shares Units is made subject to the terms of such documents and the terms and conditions of this form agreement (including the Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). Beneficial Owner I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and their ultimate economic beneficiaries as well as the origin of the money invested. None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares Units invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries Capacity I declare that I have full legal capacity to subscribe in, hold and/or deal with the SharesUnits. Non U.S. Person I hereby declare that Units are not acquired directly or indirectly or on behalf of a US Person as defined in the Offering Memorandum nor a corporation controlled by, or a majority of whose shares are held by, US Persons or by or on behalf of any person in any other jurisdiction that would be restricted or prohibited to acquire Units. I acknowledge that the Company Partnership is not registered under the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. Transfer Restrictions I agree that the Shares Units cannot be sold or transferred to or for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire SharesUnits. Origin of funds I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money anti-money laundering laws and regulations. Fax or other electronic transmission I agree that the Company Partnership and its agents (including Banque de Patrimoines PrivésOpportunity Financial Services SA) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice of the contrary, the applicant assuming all risks, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company Partnership from any liability in that respect.
I / . TAX Compliance I/We confirm that I/we did declare all revenues to the competent tax authorities and that the source of funds is not related to tax evasion in any other jurisdiction. Eligible Investor I confirm to fulfill the criteria to qualify as an “eligible” investor as per the definition in the Offering Memorandum and the LPA. KID I do declare to adhere to the status of professional investor according to the European Regulation N°1286/2014 of the European Parliament of the Council of 26 November 2014 on key information documents (KID) for packaged retail and insurance-based investment products (PRIIPs), published on 9 December 2014 in the Official Journal of the European Union. We are knowledgeable, sophisticated and experienced in business and financial matters; we fully understand and agreed with the limitations on Transfer described in the Offering Memorandum and the LPA; we are able to bear the economic risk of our investment in the Partnership for the duration of the Partnership, we are presently able to afford the complete loss of such investment and we are under no present or contemplated future need to dispose of any Units to satisfy any existing or contemplated undertaking, need or indebtedness; and we have been afforded access to information about the business and management of the Partnership sufficient to enable us to evaluate our investment in the Partnership. We also represent and warrant that: (i) (if the Investor thereunder is not a natural person) the Person we act on behalf of is duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is incorporated; (ii) we have all requisite power and authority to invest in the Partnership, as provided herein; (iii) such investment will not result in any material violation of or conflict with (x) any term of the charter or by-laws applicable or any other organisational document or (y) any instrument by which we are bound or any law or regulation applicable; (iv) such investment has been duly authorised by all necessary action on our behalf; and (v) this Subscription Agreement has been duly executed and delivered on our behalf and constitutes our legal, valid and binding agreement enforceable against us in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganisation, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law). We are not the subject of any bankruptcy or insolvency proceedings, restructuring, receivership, liquidation, administration, proceedings for money laundering or any other proceedings having equivalent effects. There are no material actions, proceedings or investigations pending or, to the best of our knowledge, threatened against ourselves or any of our affiliates or ultimate beneficial owner(s). We are not relying on the Partnership and the General Partner or any company related thereto, or any of their partners, members, officers, counsels, agents or representatives for legal, investment or tax advice. We will seek independent legal, investment and tax advice to the extent necessary or appropriate in connection with our decision to commit to subscribe in the Partnership. All written information which we have provided under this Subscription Agreement is correct and complete as of the date hereof and may be relied upon. Should there be any material change in such information prior to acceptance of this Subscription Agreement, we will immediately provide the Partnership with notice of such change. We are aware that personal information given on this Subscription Agreement or otherwise in connection with the Commitment and details of our participation may be disclosed to the General Partner, any other companies affiliated to the General Partner and any delegate thereof, for the purpose of developing and processing the business relationship with us. CONFIDENTIALITY The Investor understands, agrees and acknowledges to the use and disclosure of all information relating to the Partnership, including all information contained in the Partnership Documents, this Subscription Agreement and any other Partnership’s documentation as well as any reports and accounts (if any) received by the Investor relating to the Partnership notably in accordance with the provisions of the Offering Memorandum. DATA PROTECTION The Investor is hereby informed and expressly consents, by signing this document, to the processing of the data voluntarily provided in this document to, as well as of any data which might be provided, for the enforcement of the agreement or regarding a query, application, or the contracting of any service or product, even after the end of the contractual relation, to the Partnership, any member of the General Partner or its affiliates (the "Group"). The Partnership (or its General Partner) as data controller; and the Administration Agent; the Investment Manager; the Advisor; the Depositary and/or any of the Partnership’s service providers or other third parties when required by law or regulation (Luxembourg or otherwise) as processors, will have access to those personal data provided. This personal data shall be held on computer and processed by the Partnership, the General Partner or their agents or delegates (as set out in the respective service agreements if any). Such data will be processed for the purposes of carrying out the services of the Partnership and the General Partner as prescribed by applicable laws such as maintaining the register of Shareholders of the Partnership and providing financial and other information to Shareholders, and to comply with applicable legal obligations including client identification and tax reporting obligations. P lease, check this box in case you accept the processing and communication of your personal data (as client´s representative) by the Partnership, for the delivery of information and advertising on the Partnership products and services, or the various Group companies products and offers. Only to the extent that you have accepted, the accepted purposes include the delivery of information and advertising, including via email, on offers, products, recommendations, services, promotional items, and customer loyalty campaigns of the Partnership and the various Group companies; data extraction and storage, and marketing surveys to adapt our commercial offers to your specific profile, and once the existing contractual relationship ends. In order to adequately enforce the subscription agreement and be able to offer you services according to your needs, on the basis of the information provided, we will create different profiles based on your interests and needs and on the Group business strategy, and as a result automated decisions will be taken on the basis of these profiles. The Partnership and the General Partner will take reasonable steps to ensure that all personal data in relation to Investors is recorded accurately and maintained in a secure and confidential format. Such personal data will be retained only as long as necessary or in accordance with applicable laws and will only be disclosed to such third parties and agents or delegates as may be permitted under applicable laws or, where appropriate, with the prior consent of the relevant Investors. This may include disclosure to third parties such as auditors and the regulators and to agents or delegates of the Partnership and the General Partner who process the data inter alia for anti-money laundering purposes, tax laws and regulations such as, but not limited to FATCA and common reporting standard ("CRS") on OECD and EU levels or for compliance with other Luxembourg legal or regulatory requirements. Personal data may also be transferred and/or disclosed to any member of the General Partner or its affiliates. Transfers/disclosures will be made in such parties legitimate interest for the purposes of maintaining global client records and providing centralized administrative services and Shareholders’ servicing also in countries, where the Partnership is offered to subscription or distributed. As part of the communications described in the previous paragraphs, international data transfers may be made to third parties or international organisations, whether there exists a European Commission decision on their adequacy or not. International transfers to countries that cannot guarantee an adequate protection level shall be made on an exceptional basis and will be made whenever they are necessary for the adequate development of the contractual relationship. The Group has data protection clauses to adequately ensure the protection of your data as part of the communication and international transfer of your data in countries in which they can be applied. Should the data provided pertain to physical persons other than the client, the latter guarantees that he/she has obtained and has their prior consent for the communication of their data and has informed them, prior to their inclusion in this document, of the purposes of the data processing, communications, and other terms established herein. The Investor guarantees the accuracy and truthfulness of the personal data provided, undertaking to keep them duly updated and to notify any changes in them. The personal data provided will be kept for the period established on the basis of these criteria: (i) legal obligation of conservation; (ii) term of the contractual relationship and service of any responsibilities derived from said relationship; and (iii) request of removal by the interested party in the applicable cases. Under the terms and scope established in the regulations in force, any person is entitled to: confirm whether the Group is processing personal data that concern you, and access them and the information related to their processing. request the rectification of inaccurate data request the removal of data, among other reasons, when they are required for the purposes for which they were collected, in which case the Group will cease to process the data except for the filing of or defence against potential claims. request the limitation of the processing of your data, in which case they will only be processed with your consent, with the exception of their storage and use for the filing of and defence against claims or for the protection of the rights of another natural or legal person or for reasons of significant public interest in the European Union or in a certain Member State. object to the processing of your data, in which case, the Group shall cease to process your data, except for the defence against potential claims. receive, in a structured, widely-used format that can be mechanically read, the personal data that concern you and that you have provided to the Group or request that the Group transfer them directly to another controller when technically possible. withdraw the consent granted, if applicable, for the purpose above, without affecting the lawfulness of the processing based on consent prior to withdrawal. The aforementioned rights of access, rectification, removal, limitation, objection, and transferability may be directly exercised by the data owner or its legal or voluntary representative, through a written communication sent to the Partnership or ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. The interested party may file a claim with the CNPD (National Commission for Data Protection) , particularly when it considers that it has not achieved satisfaction in the exercise of its rights, through the website provided for this purpose by the relevant Control Authority. The Investor further acknowledges and accepts that the Partnership, the General Partner or the service providers (if applicable) will report any relevant information in relation to the Investor's investment in the Partnership to the Luxembourg tax authorities which will exchange this information on an automatic basis with the competent authorities in the United States or other permitted jurisdictions as agreed in the FATCA Law and the CRS Law, on OECD and EU levels or equivalent Luxembourg legislation. The Investor expressly recognizes that the Partnership (or its General Partner or entities within the Group) will accept no liability with respect to any unauthorized third party receiving knowledge of or having access to such personal data, except in the case of negligence or misconduct by the Partnership (or its General Partner or entities within the Group or any of their partners, officer, director, employees or offices). Governing Law The validity, construction and performance of this Subscription Agreement will be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg. The courts of the District of Luxembou
Appears in 1 contract
Sources: Subscription Agreement
DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles of Association I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form within 30 days. Subscription Agreement, Issuing Document and Articles of Association I declare that I have read, agreed and understood the contents of this subscription form and that I have had the opportunity prior to completing this form to request and read the Issuing Document and Articles of Association of the CompanyRAIF. I understand that the subscription for Shares is made subject to the terms of such documents and the terms and conditions of this form (including the Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). Beneficial Owner I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and their ultimate economic beneficiaries as well as the origin of the money invested. None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries Capacity I declare that I have full legal capacity to subscribe in, hold and/or deal with the Shares. Non U.S. Person I hereby declare that Shares are not acquired directly or indirectly or on behalf of a US Person as defined in the Issuing Document nor a corporation controlled by, or a majority of whose shares are held by, US Persons or by or on behalf of any person in any other jurisdiction that would be restricted or prohibited to acquire Shares. I acknowledge that the Company RAIF is not registered under the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. Transfer Restrictions I agree that the Shares cannot be sold or transferred to or for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire Shares. Origin of funds I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money anti-money laundering laws and regulations. Fax or other electronic transmission I agree that the Company RAIF and its agents (including Banque de Patrimoines Privés) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice of the contrary, the applicant assuming all risks, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company RAIF from any liability in that respect.
I / . TAX Compliance I/We confirm that I/we did declare all revenues to the competent tax authorities and that the source of funds is not related to tax evasion in any other jurisdiction. REPRESENTATION AND WARRANTIES We, the Investor hereby declare, confirm represent and warrant to, and agree with the General Partner (for itself and on behalf of the RAIF) as follows: We are knowledgeable, sophisticated and experienced in business and financial matters; we fully understand and agreed with the limitations on Transfer described in the Issuing Document and the Articles; we are able to bear the economic risk of our investment in the RAIF for the duration of the RAIF, we are presently able to afford the complete loss of such investment and we are under no present or contemplated future need to dispose of any ordinary shares to satisfy any existing or contemplated undertaking, need or indebtedness; and we have been afforded access to information about the business and management of the RAIF sufficient to enable us to evaluate our investment in the RAIF. We also represent and warrant that: (i) (if the Investor thereunder is not a natural person) the Person we act on behalf of is duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is incorporated; (ii) we have all requisite power and authority to invest in the RAIF, as provided herein; (iii) such investment will not result in any material violation of or conflict with (x) any term of the charter or by-laws applicable or any other organisational document or (y) any instrument by which we are bound or any law or regulation applicable; (iv) such investment has been duly authorised by all necessary action on our behalf; and (v) this Subscription Agreement has been duly executed and delivered on our behalf and constitutes our legal, valid and binding agreement enforceable against us in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganisation, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law). We are not the subject of any bankruptcy or insolvency proceedings, restructuring, receivership, liquidation, administration, proceedings for money laundering or any other proceedings having equivalent effects. There are no material actions, proceedings or investigations pending or, to the best of our knowledge, threatened against ourselves or any of our affiliates or ultimate beneficial owner(s). We are not relying on the RAIF and the General Partner or any company related thereto, or any of their partners, members, officers, counsels, agents or representatives for legal, investment or tax advice. We will seek independent legal, investment and tax advice to the extent necessary or appropriate in connection with our decision to commit to subscribe in the RAIF. All written information which we have provided under this Subscription Agreement is correct and complete as of the date hereof and may be relied upon. Should there be any material change in such information prior to acceptance of this Subscription Agreement, we will immediately provide the RAIF with notice of such change. We are aware that personal information given on this Subscription Agreement or otherwise in connection with the Commitment (as defined in the Issuing Document) and details of our participation may be disclosed to the General Partner, any other companies affiliated to the General Partner and any delegate thereof, for the purpose of developing and processing the business relationship with us. CONFIDENTIALITY The Investor understands, agrees and acknowledges to the use and disclosure of all information relating to the RAIF, including all information contained in the RAIF Documents, this Subscription Agreement and any other RAIF’s documentation as well as any reports and accounts (if any) received by the Investor relating to the RAIF notably in accordance with the provisions of the RAIF Documents. DATA PROTECTION The client is hereby informed and expressly consents, by signing this document, to the processing of the data voluntarily provided in this document to, as well as of any data which might be provided, for the enforcement of the agreement or regarding a query, application, or the contracting of any service or product, even after the end of the contractual relation, to the RAIF, any member of the General Partner or its affiliates (the "Group"). The RAIF (or its General Partner) as data controller; and the AIFM; the Administration Agent; the Investment Manager; the Advisor; the Depositary and/or any of the RAIF’s service providers or other third parties when required by law or regulation (Luxembourg or otherwise) as processors, will have access to those personal data provided. This personal data shall be held on computer and processed by the RAIF, the General Partner or their agents or delegates (as set out in the respective service agreements if any). Such data will be processed for the purposes of carrying out the services of the RAIF and the General Partner as prescribed by applicable laws such as maintaining the register of Shareholders of the RAIF and providing financial and other information to Shareholders, and to comply with applicable legal obligations including client identification and tax reporting obligations. P lease, check this box in case you accept the processing and communication of your personal data (as client´s representative) by the RAIF, for the delivery of information and advertising on the RAIF products and services, or the various Group companies products and offers. Only to the extent that you have accepted, the accepted purposes include the delivery of information and advertising, including via email, on offers, products, recommendations, services, promotional items, and customer loyalty campaigns of the RAIF and the various Group companies; data extraction and storage, and marketing surveys to adapt our commercial offers to your specific profile, and once the existing contractual relationship ends. In order to adequately enforce the subscription agreement and be able to offer you services according to your needs, on the basis of the information provided, we will create different profiles based on your interests and needs and on the Group business strategy, and as a result automated decisions will be taken on the basis of these profiles. The RAIF and the General Partner will take reasonable steps to ensure that all personal data in relation to Shareholders is recorded accurately and maintained in a secure and confidential format. Such personal data will be retained only as long as necessary or in accordance with applicable laws and will only be disclosed to such third parties and agents or delegates as may be permitted under applicable laws or, where appropriate, with the prior consent of the relevant Shareholders. This may include disclosure to third parties such as auditors and the regulators and to agents or delegates of the RAIF and the General Partner who process the data inter alia for anti-money laundering purposes, tax laws and regulations such as, but not limited to FATCA and common reporting standard ("CRS") on OECD and EU levels or for compliance with other Luxembourg legal or regulatory requirements. Personal data may also be transferred and/or disclosed to any member of the General Partner or its affiliates. Transfers/disclosures will be made in such parties legitimate interest for the purposes of maintaining global client records and providing centralized administrative services and Shareholders’ servicing also in countries, where the Fund is offered to subscription or distributed. As part of the communications described in the previous paragraphs, international data transfers may be made to third parties or international organisations, whether there exists a European Commission decision on their adequacy or not. International transfers to countries that cannot guarantee an adequate protection level shall be made on an exceptional basis and will be made whenever they are necessary for the adequate development of the contractual relationship. The Group has data protection clauses to adequately ensure the protection of your data as part of the communication and international transfer of your data in countries in which they can be applied. Should the data provided pertain to physical persons other than the client, the latter guarantees that he/she has obtained and has their prior consent for the communication of their data and has informed them, prior to their inclusion in this document, of the purposes of the data processing, communications, and other terms established herein. The client guarantees the accuracy and truthfulness of the personal data provided, undertaking to keep them duly updated and to notify any changes in them. The personal data provided will be kept for the period established on the basis of these criteria: (i) legal obligation of conservation; (ii) term of the contractual relationship and service of any responsibilities derived from said relationship; and (iii) request of removal by the interested party in the applicable cases. Under the terms and scope established in the regulations in force, any person is entitled to: confirm whether the Group is processing personal data that concern you, and access them and the information related to their processing. request the rectification of inaccurate data request the removal of data, among other reasons, when they are required for the purposes for which they were collected, in which case the Group will cease to process the data except for the filing of or defence against potential claims. request the limitation of the processing of your data, in which case they will only be processed with your consent, with the exception of their storage and use for the filing of and defence against claims or for the protection of the rights of another natural or legal person or for reasons of significant public interest in the European Union or in a certain Member State. object to the processing of your data, in which case, the Group shall cease to process your data, except for the defence against potential claims. receive, in a structured, widely-used format that can be mechanically read, the personal data that concern you and that you have provided to the Group or request that the Group transfer them directly to another controller when technically possible. withdraw the consent granted, if applicable, for the purpose above, without affecting the lawfulness of the processing based on consent prior to withdrawal. The aforementioned rights of access, rectification, removal, limitation, objection, and transferability may be directly exercised by the data owner or its legal or voluntary representative, through a written communication sent to the RAIF or ▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇. The interested party may file a claim with the CNPD (National Commission for Data Protection) , particularly when it considers that it has not achieved satisfaction in the exercise of its rights, through the website provided for this purpose by the relevant Control Authority. The client further acknowledges and accepts that the RAIF, the General Partner or the service providers (if applicable) will report any relevant information in relation to the Investor's investment in the RAIF to the Luxembourg tax authorities which will exchange this information on an automatic basis with the competent authorities in the United States or other permitted jurisdictions as agreed in the FATCA Law and the CRS Law, on OECD and EU levels or equivalent Luxembourg legislation. The Client expressly recognizes that the RAIF (or its General Partner or entities within the Group) will accept no liability with respect to any unauthorized third party receiving knowledge of or having access to such personal data, except in the case of negligence or misconduct by the RAIF (or its General Partner or entities within the Group or any of their partners, officer, director, employees or offices). Governing Law The validity, construction and performance of this subscription form will be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg. The courts of the District of Luxembourg-City have exclusive jurisdiction to settle any dispute arising out of or in connection with this subscription form, including a dispute regarding the existence, validity or termination of this subscription form. AML/KYC Documents Please complete the below Annex I – Certificate of Well-Informed investors and KYC Form B- attached to this subscription form and send it along with the documents you are required to provide in order to subscribe to Shares, to Banque de Patrimoines Privés. Subscriptions may be accepted temporarily on the basis of the rec
Appears in 1 contract
Sources: Subscription Agreement
DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles of Association I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form within 30 days. I declare that I have read, agreed and understood the contents of this subscription form and that I have had the opportunity prior to completing this form to request and read the Issuing Document and Articles of Association of the Company. I understand that the subscription for Shares is made subject to the terms of such documents and the terms and conditions of this form (including the Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and their ultimate economic beneficiaries as well as the origin of the money invested. None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries I declare that I have full legal capacity to subscribe in, hold and/or deal with the Shares. I acknowledge that the Company is not registered under the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. I agree that the Shares cannot be sold or transferred to or for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire Shares. I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money anti-money laundering laws and regulations. I agree that the Company and its agents (including Banque de Patrimoines Privés) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice of the contrary, the applicant assuming all risks, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company from any liability in that respect.
I / We confirm that I/we did declare all revenues to the competent tax authorities and that the source of funds is not related to tax evasion in any other jurisdiction.
Appears in 1 contract
Sources: Subscription Agreement
DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles of Association Beneficial Owner Capacity U.S. Distribution Transfer Restrictions I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form within 30 days. I declare that I have read, agreed and understood the contents of this subscription form and that I have had the opportunity prior to completing this form to request and read the Issuing Document and Articles of Association of the Company. I understand that the subscription for Shares is made subject to the terms of such documents and the terms and conditions of this form (including the Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and their ultimate economic beneficiaries as well as the origin of the money invested. None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries I declare that I have full legal capacity to subscribe in, hold and/or deal with the Shares. I acknowledge that the Company is not registered under the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. I agree that the Shares cannot be sold or transferred to or for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire Shares. Origin of funds Fax or other electronic transmission TAX Compliance KID I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money laundering laws and regulations. I agree that the Company and its agents (including Banque de Patrimoines Privés) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice of the contrary, the applicant assuming all risks, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company from any liability in that respect.
I / We confirm that I/we did declare all revenues to the competent tax authorities and that the source of funds is not related to tax evasion in any other jurisdiction. I confirm to have received the Key Information Document (KIDs) prior making my investment decision and have sufficient and clear information about the investment product. OR I do declare to adhere to the status of professional investor according to the European Regulation N°1286/2014 of the European Parliament of the Council of 26 November 2014 on key information documents (KID) for packaged retail and insurance-‐based investment products (PRIIPs), published on 9 December 2014 in the Official Journal of the European Union.
Appears in 1 contract
Sources: Subscription Agreement
DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles Limited Partnership Agreement Beneficial Owner Capacity Non U.S. Person Transfer Restrictions Origin of Association funds Fax or other electronic transmission I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form agreement within 30 days. I declare that I have read, agreed and understood the contents of this subscription form agreement and that I have had the opportunity prior to completing this form to request and read the Issuing Document and Articles of Association Limited Partnership Agreement of the CompanyPartnership. I understand that the subscription for Shares Units is made subject to the terms of such documents and the terms and conditions of this form agreement (including the Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and their ultimate economic beneficiaries as well as the origin of the money invested. None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries I declare that I have full legal capacity to subscribe in, hold and/or deal with the SharesUnits. I hereby declare that Units are not acquired directly or indirectly or on behalf of a US Person as defined in the Issuing Document nor a corporation controlled by, or a majority of whose Units are held by, US Persons or by or on behalf of any person in any other jurisdiction that would be restricted or prohibited to acquire Units. I acknowledge that the Company Partnership is not registered under the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. I agree that the Shares Units cannot be sold or transferred to or for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire SharesUnits. I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money anti-money laundering laws and regulations. I agree that the Company Partnership and its agents (including Banque de Patrimoines Privés) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice of the contrary, the applicant assuming all risks, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company Partnership from any liability in that respect.
I / . TAX Compliance Eligible Investor I/We confirm that I/we did declare all revenues to the competent tax authorities and that the source of funds is not related to tax evasion in any other jurisdiction. I confirm to fulfill the criteria to qualify as an “eligible” investor as per the definition in the Issuing Document and Limited Partnership Agreement.
Appears in 1 contract
Sources: Subscription Agreement
DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles of Association I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form agreement within 30 days. Subscription Agreement, Offering Memorandum and Limited Partnership Agreement I declare that I have read, agreed and understood the contents of this subscription form Subscription Agreement and that I have had the opportunity prior to completing this form agreement to request and read the Issuing Document Offering Memorandum and Articles of Association Limited Partnership Agreement of the CompanyPartnership. I understand that the subscription for Shares Units is made subject to the terms of such documents and the terms and conditions of this form agreement (including the Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). Beneficial Owner I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and their ultimate economic beneficiaries as well as the origin of the money invested. None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares Units invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries Capacity I declare that I have full legal capacity to subscribe in, hold and/or deal with the SharesUnits. Non U.S. Person I hereby declare that Units are not acquired directly or indirectly or on behalf of a US Person as defined in the Offering Memorandum nor a corporation controlled by, or a majority of whose shares are held by, US Persons or by or on behalf of any person in any other jurisdiction that would be restricted or prohibited to acquire Units. I acknowledge that the Company Partnership is not registered under the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. Transfer Restrictions I agree that the Shares Units cannot be sold or transferred to or for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire SharesUnits. Origin of funds I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money anti-money laundering laws and regulations. Fax or other electronic transmission I agree that the Company Partnership and its agents (including Banque de Patrimoines Privés) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice of the contrary, the applicant assuming all risks, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company Partnership from any liability in that respect.
I / . TAX Compliance I/We confirm that I/we did declare all revenues to the competent tax authorities and that the source of funds is not related to tax evasion in any other jurisdiction. Eligible Investor I confirm to fulfill the criteria to qualify as an “eligible” investor as per the definition in the Offering Memorandum and the LPA. KID I do declare to adhere to the status of professional investor according to the European Regulation N°1286/2014 of the European Parliament of the Council of 26 November 2014 on key information documents (KID) for packaged retail and insurance-based investment products (PRIIPs), published on 9 December 2014 in the Official Journal of the European Union.
Appears in 1 contract
Sources: Subscription Agreement
DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles of Association Beneficial Owner Capacity U.S. Distribution Transfer Restrictions I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form within 30 days. I declare that I have read, agreed and understood the contents of this subscription form and that I have had the opportunity prior to completing this form to request and read the Issuing Document and Articles of Association of the Company. I understand that the subscription for Shares is made subject to the terms of such documents and the terms and conditions of this form (including the Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and their ultimate economic beneficiaries as well as the origin of the money invested. None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries I declare that I have full legal capacity to subscribe in, hold and/or deal with the Shares. I acknowledge that the Company is not registered under the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. I agree that the Shares cannot be sold or transferred to or for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire Shares. Origin of funds Fax or other electronic transmission TAX Compliance KID I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money anti-money laundering laws and regulations. I agree that the Company and its agents (including Banque de Patrimoines Privés) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice of the contrary, the applicant assuming all risks, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company from any liability in that respect.
I / We confirm that I/we did declare all revenues to the competent tax authorities and that the source of funds is not related to tax evasion in any other jurisdiction. I confirm to have received the Key Information Document (KIDs) prior making my investment decision and have sufficient and clear information about the investment product. OR I do declare to adhere to the status of professional investor according to the European Regulation N°1286/2014 of the European Parliament of the Council of 26 November 2014 on key information documents (KID) for packaged retail and insurance-based investment products (PRIIPs), published on 9 December 2014 in the Official Journal of the European Union.
Appears in 1 contract
Sources: Subscription Agreement
DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles of Association I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form within 30 days. I declare that I have read, agreed and understood the contents of this subscription form and that I have had the opportunity prior to completing this form to request and read the Issuing Document and Articles of Association of the Company. I understand that the subscription for Shares is made subject to the terms of such documents and the terms and conditions of this form (including the application notes). Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). KID I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and their ultimate economic beneficiaries as well as the origin of the money invested. None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries I declare that I have full legal capacity to subscribe in, hold and/or deal with the Shares. I acknowledge that the Company is not registered under the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. I agree that the Shares cannot be sold or transferred to or for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire Shares. I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money anti- money laundering laws and regulations. I agree that the Company and its agents (including Banque de Patrimoines Privés) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice of the contrary, the applicant assuming all risks, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company from any liability in that respect.
I / We confirm that I/we did declare all revenues to the competent tax authorities and that the source of funds is not related to tax evasion in any other jurisdiction. I confirm to have received the Key Information Document (KIDs) prior making my investment decision and have sufficient and clear information about the investment product. OR I do declare to adhere to the status of professional investor according to the European Regulation N°1286/2014 of the European Parliament of the Council of 26 November 2014 on key information documents (KID) for packaged retail and insurance-based investment products (PRIIPs), published on 9 December 2014 in the Official Journal of the European Union.
Appears in 1 contract
Sources: Subscription Agreement
DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles of Association Beneficial Owner I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form within 30 days. I declare that I have read, agreed and understood the contents of this subscription form and that I have had the opportunity prior to completing this form to request and read the Issuing Document and Articles of Association of the Company. I understand that the subscription for Shares is made subject to the terms of such documents and the terms and conditions of this form (including the Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and their ultimate economic beneficiaries as well as the origin of the money invested. Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries I declare that I have full legal capacity to subscribe in, hold and/or deal with the Shares. I acknowledge that the Company is not registered under the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. I agree that the Shares cannot be sold or transferred to or for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire Shares. I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money laundering laws and regulations. I agree that the Company and its agents (including Banque de Patrimoines Privés) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice of the contrary, the applicant assuming all risks, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company from any liability in that respect.
I / We confirm that I/we did declare all revenues to the competent tax authorities and that the source of funds is not related to tax evasion in any other jurisdiction.
Appears in 1 contract
Sources: Subscription Agreement
DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles of Association I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés Centaur if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form within 30 days. I declare that I have read, agreed and understood the contents of this subscription form and that I have had the opportunity prior to completing this form to request and read the Issuing Document and Articles of Association of the Company. I understand that the subscription for Shares is made subject to the terms of such documents and the terms and conditions of this form (including the Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and their ultimate economic beneficiaries as well as the origin of the money invested. None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU EU, United Nations and HM Treasury Sanctions or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries I declare that I have full legal capacity to subscribe in, hold and/or deal with the Shares. I acknowledge that the Company is not registered under the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. I agree that the Shares cannot be sold or transferred to or for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire Shares. I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money anti-money laundering laws and regulations. I agree that the Company and its agents (including Banque de Patrimoines PrivésCentaur) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice of the contrary, the applicant assuming all risks, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company from any liability in that respect.
I / We confirm that I/we did declare all revenues to the competent tax authorities and that the source of funds is not related to tax evasion in any other jurisdiction. I confirm to have received the Key Information Document (KIDs) prior making my investment decision and have sufficient and clear information about the investment product. OR I do declare to adhere to the status of professional investor according to the European Regulation N°1286/2014 of the European Parliament of the Council of 26 November 2014 on key information documents (KID) for packaged retail and insurance-based investment products (PRIIPs), published on 9 December 2014 in the Official Journal of the European Union.
I / We confirm that I/we comply with any requirements to maintain a beneficial ownership register and that I /We have registered such beneficial ownership details on the relevant central owner register, as may be required. Subscription Agreement, Issuing Document and Articles of Association Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance KID Beneficial ownership register
Appears in 1 contract
Sources: Subscription Agreement
DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles of Association I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form within 30 days. □ I declare that I have readreceived, agreed acquainted myself with and understood unconditionally accept the contents General Terms and Conditions for the providing of payment services to legal entities of Raiffeisenbank (Bulgaria) EAD, an integral part of this subscription form and that I have had the opportunity prior to completing this form to request and read the Issuing Document and Articles of Association of the CompanyAgreement-Application. I understand that the subscription for Shares is made subject to the terms of such documents and the terms and conditions of this form (including the Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and their ultimate economic beneficiaries as well as the origin of the money invested. None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries □ I declare that I have full acquainted myself with and unconditionally accept the General Conditions for using Raiffeisen ONLINE. □ I declare that I have acquainted myself with and unconditionally accept the Instruction for Using of hardware device - Token □ I declare that I have acquainted myself with and unconditionally accept the Instruction for Confirmation of payments with SMS codes in Raiffeisen ONLINE □ I declare that I have acquainted myself with and unconditionally accept the General Conditions for using the Raiffeisen E-Bank Statements service. □ I declare that I have acquainted myself with and unconditionally accept the General Conditions for using ▇▇▇▇ International. □ I declare that I have received, acquainted myself with and unconditionally accept the General Business Conditions of Raiffeisenbank (Bulgaria) EAD. □ I declare that I have received, acquainted myself with and unconditionally accept the Fees and Commissions Tariff for legal capacity entities of Raiffeisenbank (Bulgaria) EAD. □ I declare that I have received, acquainted myself with and unconditionally accept the current Interest Rates Bulletin for Legal entities of Raiffeisenbank (Bulgaria) EAD. □ I declare that by signing this Agreement, I confirm the truth and accuracy of all the information I have provided, and I allow the Bank to subscribe incheck it at any time, hold and/or deal and I undertake, if any relevant change occurs, to inform the Bank immediately. □ I declare that I agree to provide the Bank with the Shares. I acknowledge that necessary information and documents, related to Law on the Company is not registered under Measures against Money Laundering (LMML) and the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. I agree that the Shares cannot be sold or transferred to or Rules for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire Shares. I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money laundering laws and regulations. I agree that the Company and its agents (including Banque de Patrimoines Privés) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice Application of the contraryLMML, and the applicant assuming all risksapplicable Bulgarian legislation - upon request by the Bank, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company from any liability in that respect.
I / We confirm that I/we did declare all revenues related to the competent tax authorities implementation of a concrete operation. □ I declare that I am responsible for all actions undertaken on my behalf or by persons I have authorized after access to the Raiffeisen ONLINE service has been granted. □ I declare that I am responsible for all actions undertaken on my behalf or by persons I have authorized after access to the ▇▇▇▇ International service has been granted. □ I declare that I shall undertake to archive the documents generated via the Raiffeisen E-Bank Statements service on my own information carrier for a period of 18 months after their generation. Date ………………………………………….. ............................................................................................................../name and that signature of the source of funds is not related to tax evasion in any other jurisdiction.person/s/ authorized by the company /
Appears in 1 contract
Sources: Application for Opening and Maintenance of a Bank Account
DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles of Association I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form within 30 days. I declare that I have read, agreed and understood the contents of this subscription form and that I have had the opportunity prior to completing this form to request and read the Issuing Document and Articles of Association of the Company. I understand that the subscription for Shares is made subject to the terms of such documents and the terms and conditions of this form (including the application notes). Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and their ultimate economic beneficiaries as well as the origin of the money invested. None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries I declare that I have full legal capacity to subscribe in, hold and/or deal with the Shares. I acknowledge that the Company is not registered under the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. I agree that the Shares cannot be sold or transferred to or for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire Shares. I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money anti-money laundering laws and regulations. I agree that the Company and its agents (including Banque de Patrimoines Privés) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice of the contrary, the applicant assuming all risks, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company from any liability in that respect.
I / We confirm that I/we did declare all revenues to the competent tax authorities and that the source of funds is not related to tax evasion in any other jurisdiction.
Appears in 1 contract
Sources: Subscription Agreement
DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles of Association I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form agreement within 30 days. Subscription Agreement, Offering Memorandum and Limited Partnership Agreement I declare that I have read, agreed and understood the contents of this subscription form Subscription Agreement and that I have had the opportunity prior to completing this form agreement to request and read the Issuing Document Offering Memorandum and Articles of Association Limited Partnership Agreement of the CompanyPartnership. I understand that the subscription for Shares Units is made subject to the terms of such documents and the terms and conditions of this form agreement (including the Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). Beneficial Owner I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and their ultimate economic beneficiaries as well as the origin of the money invested. None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares Units invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries Capacity I declare that I have full legal capacity to subscribe in, hold and/or deal with the SharesUnits. Non U.S. Person I hereby declare that Units are not acquired directly or indirectly or on behalf of a US Person as defined in the Offering Memorandum nor a corporation controlled by, or a majority of whose shares are held by, US Persons or by or on behalf of any person in any other jurisdiction that would be restricted or prohibited to acquire Units. I acknowledge that the Company Partnership is not registered under the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. Transfer Restrictions I agree that the Shares Units cannot be sold or transferred to or for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire SharesUnits. Origin of funds I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money anti-money laundering laws and regulations. Fax or other electronic transmission I agree that the Company Partnership and its agents (including Banque de Patrimoines Privés) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice of the contrary, the applicant assuming all risks, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company Partnership from any liability in that respect.
I / . TAX Compliance I/We confirm that I/we did declare all revenues to the competent tax authorities and that the source of funds is not related to tax evasion in any other jurisdiction. Eligible Investor I confirm to fulfill the criteria to qualify as an “eligible” investor as per the definition in the Offering Memorandum and the LPA.
Appears in 1 contract
Sources: Subscription Agreement
DECLARATIONS. Accuracy of information Subscription Agreement, Issuing Document and Articles of Association I certify that all the information provided in this document and in the declaration of beneficial owner is accurate and complete and undertake to immediately notify Banque de Patrimoines Privés if any of the information provided in this document changes (in particular if you have stated that you are an institutional investor and do not qualify as such anymore, change of name, contact, status, structure, ultimate economic beneficiaries…) and submit a new form within 30 days. I declare that I have read, agreed and understood the contents of this subscription form and that I have had the opportunity prior to completing this form to request and read the Issuing Document and Articles of Association of the Company. I understand that the subscription for Shares is made subject to the terms of such documents and the terms and conditions of this form (including the Beneficial Owner Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance application notes). Beneficial Owner I hereby confirm that the investment is made on the applicant’s own behalf; I hereby confirm that the investment is made in my name but on behalf of my clients and that I have identified and verified the identity of underlying clients and Capacity U.S. Distribution Transfer Restrictions Origin of funds Fax or other electronic transmission TAX Compliance their ultimate economic beneficiaries as well as the origin of the money invested. None of such clients and ultimate economic beneficiaries is named on list of prohibited country, territories, entities and individuals maintained by the OFAC, the EU or my financial supervisory authority. I am the ultimate economic beneficiary of the Shares invested; or I am not the ultimate economic beneficiary and I have provided the additional declaration to identify the ultimate economic beneficiaries I declare that I have full legal capacity to subscribe in, hold and/or deal with the Shares. I acknowledge that the Company is not registered under the U.S. Securities Act of 1933 or other laws governing the U.S. Securities industry. I agree that the Shares cannot be sold or transferred to or for the account of any US Person or in the USA or in or for the account of any person in any other jurisdiction that would be restricted or prohibited to acquire Shares. I confirm that the monies invested do not originate directly or indirectly from illegal or criminal activities and more generally do not contravene to applicable anti-‐money anti- money laundering laws and regulations. I agree that the Company and its agents (including Banque de Patrimoines Privés) is authorized to accept and execute any future instructions received by fax and/or electronic instruction without subsequent written confirmation and until written notice of the contrary, the applicant assuming all risks, e.g. those arising from an error in communication or comprehension as well as those arising from fraud and release the Company from any liability in that respect.
I / We confirm that I/we did declare all revenues to the competent tax authorities and that the source of funds is not related to tax evasion in any other jurisdiction.
Appears in 1 contract
Sources: Subscription Agreement