Sucden Financial Limited
Plantation Place South
60 Great Tower Street
London EC3R 5AZ
Tel: +44 (0) 20 3207 5000
Email: info@sucfin.com
Registered in England no. 1095841
VAT Registration no. GB 446 9061 33
Sucden Financial is registered as Sucden Financial Limited and is authorised and regulated by the Financial Services Authority. Entered in the FSA's register under no.114239.
Member of Liffe, LME, ICE Futures Europe, ICE Futures U.S., EDX London, LBMA, Eurex, COMEX & LCH.Clearnet
Legal Notices and Disclosures
IMPORTANT INFORMATION
Sales Restrictions and Investment Information
The information contained in this Website relates to investment funds which are not recognised collective investment schemes for the purposes of the Financial Services and Markets Act 2000 of the United Kingdom (the "Act"). The promotion of these funds to, and access to this Website by, persons in the United Kingdom is accordingly restricted by law.
The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Sucden Financial Limited (“Sucden Financial”) or its affiliates to any registration requirement within such jurisdiction or country. The materials herein are intended solely for the recipient of the password to enter this site and neither the materials nor the password may be transmitted (in any form) to any other person without Sucden Financial’s consent.
By accessing this Website, you acknowledge and agree that you have accessed and will access the website at your own initiative and that Sucden Financial are not soliciting any action based upon the material contained on the website.
This Website is issued inside and outside the United Kingdom by Sucden Financial Limited (which is authorised and regulated by the Financial Services Authority of the United Kingdom ("FSA")) and is directed only at persons who are professional clients or eligible counterparties for the purposes of the FSA's Conduct of Business Sourcebook. The investments and investment services to which this Website relates are only available to such persons and other persons should not act or rely on it. In particular, any investment or investment service to which this Website relates is not intended for persons who are retail clients and will not be made available to retail clients.
By accessing this Website beyond this point you confirm your status as a professional client or eligible counterparty (as defined in the handbook of rules and guidance issued from time to time by the FSA (the “FSA Rules”) and you warrant as such. Accordingly, the protections afforded to retail clients under the FSA Rules may not be available to you if you become a client of Sucden Financial. You will not be able to sue Sucden Financial under sections 71 or 150 of the United Kingdom Financial Services and Markets Act 2000. Please consult your legal adviser or visit the FSA’s website for further explanation.
This Website is exempt from the scheme promotion restriction (in Section 238 of the Act) on the communication of invitations or inducements to participate in unrecognised collective investment schemes on the grounds that it is directed only at the types of person referred to above. Accordingly investment in the funds and participation in any other investment activity to which the Website relates are only available to such persons and this Website must not be relied or acted upon by any other persons.
This Website and the information contained in it constitutes a financial promotion for the purposes of the Act and FSA Rules.
The distribution of the information contained in this Website in certain countries may be restricted by law and persons who access it are required to inform themselves and to comply with any such restrictions. This information does not constitute an offer or solicitation in any jurisdiction in which such an offer or solicitation is not authorised or to any person to whom it is unlawful to make such an offer or solicitation. Prospective investors should inform themselves as to applicable legal requirements, exchange control regulations and taxes in the countries of their citizenship, residence or domicile.
Restrictions on Distribution
Austria: This Website has been produced for the purpose of providing information about the Shares and Interests and will be provided only to qualified investors as defined in s1 para 1 subpara 5a of the Austrian Capital Market Act 1991 (Kapitalmarktgesetz) in the course of a private placement in Austria. All qualified investors will be individually known in advance and individually selected by, or on behalf of, the Fund in Austria. This Website is made available on the condition that it is for the use only by the recipient and may not be passed on to any other person or be reproduced in any part. The Shares and Interests have not been and will not be offered in the course of a public offering or of equivalent marketing in Austria and therefore, the provisions of the Austrian Investment Fund Act 1993 (Investmentfondsgesetz), as amended, and the provisions of the Austrian Capital Market Act, as amended, relating to registration requirements and to website requirements do not apply. The Shares and Interests have thus neither been registered for public distribution in Austria with the Austrian Financial Market Authority nor been the subject matter of a compliant with the Austrian Investment Fund Act or the Austrian Capital Market Act. Any subscription application by any person other than the initial recipient of the document will be rejected.
Belgium: The offering of Shares and Interests has not been and will not be notified to the Belgian Banking, Finance and Insurance Commission (Commissie Voor Het Bank, Financie-en Assurantiewezen/Commission Bancaire, Financière et des Assurances) nor has this Website been, nor will it be, approved by the Belgian Banking, Finance and Insurance Commission. The Shares and Interests may be offered in Belgium only to individuals or legal of the entities investing a minimum of €250,000, in reliance on Article 3, 1 Royal Decree of July 7 1999 on the public character of transactions which aim to solicit public savings and the assimilation of certain transactions with a public offer. This Website may be accessed in Belgium only to such investors for their personal use and exclusively for the purposes of this offering of Shares and Interests. Accordingly, this Website may not be used for any other purpose nor information passed on to any other investor in Belgium.
Cayman Islands: No invitation may be made to the public in the Cayman Islands to subscribe for the Shares and Interests.
Denmark: The Comfin Funds (collectively, the “Funds”) are not authorised under the Danish Act on Investment Associations and Special-Purpose Associations or the Danish Statutory Order on Marketing carried out by certain Foreign Undertakings for Collective Investment in Transferable Securities (UCITS) and certain Collective Investment Undertakings in Denmark. Accordingly, Shares and Interests may not be marketed in Denmark and this Website or other offering and marketing material relating to the Shares and Interests may not be published or distributed in Denmark.
Finland: This Website does not constitute an offering circular (tarjousesite) or listing particulars (listalleottoesite) under the Finnish Securities Market Act (1989/495) nor has the information been filed with or approved by the Finnish Financial Supervision Authority. The Shares and Interests in the Fund must not be offered or sold directly or indirectly in the Republic of Finland or to residents of Finland other than in compliance with all applicable provisions of the laws of the Republic of Finland and especially in compliance with the Finnish Securities Market Act and any regulations made thereunder, as supplemented and amended from time to time.
France: The Shares and Interests may not be offered directly or indirectly in the Republic of France and neither this Website, which has not been submitted to the Autorité des Marchés Financiers, nor any offering material or information contained therein relating to the Fund, may be supplied in the Republic of France in connection with any offer for subscription or sale of the Shares and Interests in the Republic of France.
Germany: The Shares and Interests offered pursuant to this Website have not been and will not be registered under the German Investment Act or any other German securities laws. Any public distribution, advertisement or similar activities in Germany will constitute a violation of applicable law. This Website may only be circulated in Germany on a private placement basis in accordance with the German Investment Act.
Hong Kong: WARNING - The contents of this Website have not been reviewed by any regulatory authority in Hong Kong. You are advised to exercise caution in relation to this offer. If you are in any doubt about any of the contents of this Website, you should obtain independent professional advice. The Funds are not authorised by the Securities and Futures Commission in Hong Kong pursuant to Section 104 of the Securities and Futures Ordinance of Hong Kong and a copy of this Website information has not been registered by the Registrar of Companies in Hong Kong pursuant to Section 342C of the Companies Ordinance of Hong Kong. This Website must not, therefore, be accessed, issued, or possessed for the purpose of issue, to persons in Hong Kong other than (1) to professional investors within the meaning of the Securities and Futures Ordinance of Hong Kong (including professional investors falling within the Securities and Futures (Professional Investors) Rules) or (2) in circumstances which would not constitute an offer to the public or any section thereof.
Ireland: This Website does not constitute or form part of any offer or invitation to the public to subscribe for or purchase Shares and Interests in the Funds and shall not be construed as such and no person other than the person to whom this Website has been addressed or delivered shall be eligible to subscribe for or purchase Shares and Interests in the Funds. Shares and Interests in the Funds will not in any event be marketed in Ireland without the prior authorisation of the Irish Financial Regulator.
Isle of Man: The Funds are not a recognised collective investment scheme for the purposes of Sections 12 or 13 of the Financial Supervision Act 1988 (the “FS Act”) of the Isle of Man and is thus subject to the prohibition on the promotion of collective investment schemes contained in Section 1(1) of the FS Act. Accordingly, this Website may only be accessed, issued or passed on to any person in the Isle of Man by way of the two limited exceptions to this general prohibition contained in Section 1(2) of the FS Act and the Financial Supervision (Promotion of Unregulated Schemes) (Exemption) Regulations 1992. Shareholders in the Funds are not protected by any statutory compensation scheme and the Isle of Man Financial Supervision Commission does not regulate the Funds and has not approved it.
Italy: Shares and Interests may not be offered or sold and the Website, or any circular, advertisement or other website or offering material relating to the Shares and Interests, may not be published, distributed or made available in the Republic of Italy or to any Italian resident investor in circumstances which would be in breach of relevant Italian law and regulations.
Japan: The Shares and Interests have not been and will not be registered pursuant to Article 4, Paragraph 1 of the Financial Instruments and Exchange Law of Japan (Law no. 25 of 1948, as amended) and, accordingly, neither the Shares and Interests nor any interest in them may be offered or sold, directly or indirectly, in Japan or to, or for the benefit, of any Japanese person or to others for re-offering or resale, directly or indirectly, in Japan or to any Japanese person except under circumstances which will result in compliance with all applicable laws, regulations and guidelines promulgated by the relevant Japanese governmental and regulatory authorities and in effect at the relevant time. For this purpose, “Japanese person” means any person resident in Japan, including any corporation or other entity organised under the laws of Japan.
Jersey: This Website relates to a private placement and does not constitute an offer to the public in Jersey to subscribe for the Shares and Interests offered hereby. No regulatory approval has been sought to the offer in Jersey and it must be distinctly understood that the Jersey Financial Services Commission does not accept any responsibility for the financial soundness of or any representations made in connection with the Funds. The offer of Shares and Interests is personal to the person to whom this Website is being accessed by or delivered by or on behalf of the Funds, and a subscription for the Shares and Interests will only be accepted from such person. The Website may not be reproduced or used for any other purpose.
Korea: The Shares and Interests have not been registered under the Securities and Exchange Act of Korea and none of the Shares and Interests may be offered, sold or delivered, directly or indirectly, or offered or sold to any person for re-offering or resale, directly or indirectly, in Korea or to any resident of Korea except pursuant to applicable laws and regulations of Korea.
Latvia: The Funds are not authorised under the Law on Investment Companies of the Republic of Latvia, and any sale, redemption or repurchase of Shares or Interests will take place outside Latvia. This Website does not constitute or form part of any offer or invitation to the public to subscribe for or purchase Shares or Interests in the Funds and shall not be construed as such and no person other than the person to whom this Website has been addressed or delivered shall be eligible to subscribe for or purchase Shares or Interests in the Funds. This Website may not be distributed to the public in Latvia, and a Latvian recipient of the Website may not in any way forward the Website to the public in Latvia.
Netherlands: This Website is not addressed to or intended for any individual or legal entity in the Netherlands except (a) individuals or legal entities who or which trade or invest in securities in the course of a profession or trade within the meaning of the Dutch securities legislation (which includes banks, brokers, insurance companies, pension funds, other institutional investors and treasuries and financing companies of groups which are active in a professional manner in the financial markets for their own account) or (b) other persons to whom, or in circumstances where, an exemption applies pursuant to the Act on the Supervision of Collective Investment Schemes, as amended. Sucden Financial is exempt from a license in accordance with the Act on the Supervision of Collective Investment Schemes and is not under the supervision of the AFM.
Russia: The Funds are not authorised under Russian Federal Law on “Publicly traded securities”. This Website may be distributed only among a number of specified investors in Russia and a Russian recipient of this Website may not in any way forward the Website to the public in Russia.
Spain: The Funds have not been authorised by nor registered with the Spanish Securities Market Commission as a foreign collective investment scheme in accordance with section 15.2 of Law 35/2003 of 4 November 2003 on Collective Investment Schemes. Accordingly, the Shares and Interests of the Funds may not be offered or sold in Spain by means of any publicity activities as defined in section 3 of Royal Decree 291/1992 of 27 March 1992 on Issues and Public Offerings for the Sale of Securities, as amended.
Sweden: The Funds are not authorised under the Swedish Securities Funds Act, and any sale, redemption or repurchase of Shares and Interests will take place outside Sweden. The Website may not be distributed to the public in Sweden, and a Swedish user of the Website may not in any way forward the Website to the public in Sweden.
Switzerland: The Funds have not been authorised for public distribution in or from Switzerland pursuant to the Swiss Collective Investment Schemes Act of 23 June 2006 (the “CISA”) and its implementing regulations. Accordingly, the Shares and Interests may not be offered and this Website may only be accessed or distributed in or from Switzerland to qualified investors (as such term is defined in the CISA and its implementing regulations).
United States: As required by the U.S. Securities and Exchange Commission, this web site may only be accessed by existing clients or prospective clients of the Funds who, among other requirements, are qualified as “Accredited Investors”, as defined under Regulation D of the U.S. Securities Act of 1933, and “Qualified Purchasers” as defined under Section 2(a)(51)(A) of the Investment Company Act of 1940, or who generally are sophisticated in financial matters such that they are capable of evaluating the merits and risks of prospective investments.
The information on this web site is not an offer to sell or solicitation of an offer to buy an interest in any investment fund or for the provision of any investment management or advisory services. Any such offer or solicitation will be made only by means of a confidential private offering memorandum or prospectus relating to a particular fund and only in those jurisdictions where permitted by law
Generally
This Website does not constitute an offer or solicitation to any person in any jurisdiction in which such offer or solicitation is not authorised or to any person to whom it would be unlawful to make such offer or solicitation.
This Website is published solely for informational purposes and has no regard to the specific investment objectives, financial situation or particular needs of any person. Information contained herein is believed to be reliable but no warranty is given as to its accuracy or completeness and views and opinions, whilst given in good faith, are subject to change without notice. The information contained in this Website is not intended to constitute, and should not be construed as, investment advice. Potential investors in the funds that are described, or referred to, in this Website should seek their own independent financial advice.
An application for shares or limited partnership interests in any of the investment funds referred to on this Website should only be made having read fully the relevant prospectus or offering memorandum. It is your responsibility to read such prospectus or offering memorandum and by making an application you will be deemed to represent that you have read such prospectus and agree to be bound by its contents.
You should note that, if you choose to invest in any fund described or referred to in this Website, your capital will be at risk and you may therefore lose some or all of any amount that you choose to invest.
Performance
PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. ANY INFORMATION YOU RECEIVE FROM SUCDEN FINANCIAL LIMITED IS BELIEVED TO BE RELIABLE. NEVERTHELESS, NEITHER SUCDEN FINANCIAL LIMITED NOR ITS AGENTS OR AFFILIATES ARE LIABLE FOR ANY DEFICIENCIES IN THE ACCURACY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF SUCH INFORMATION. THE INFORMATION PROVIDED ON THE WEB SITE DOES NOT NECESSARILY REFLECT THE MOST UP TO DATE OR CURRENT INFORMATION AVAILABLE ON THE PRODUCT OR SERVICE. THE INFORMATION CONTAINED HEREIN IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND.
Your Use of the Website
This legal notice sets out the terms on which you may make use of the Website, whether as a guest or a registered user, and apply to every page on the Website, whether or not such pages are individually disclaimed. Please read these terms carefully before you start to use the Website. By using the Website, you have indicated that you accept these terms and that you agree to abide by them. If you do not agree to these terms, please refrain from using the Website.
You must NOT use the Website (or permit or procure others to use it) as follows:
- for any unlawful, improper or illegal purpose or activity;
- to communicate or receive information that is obscene, indecent, pornographic, sadistic, cruel, or racist in content, of a sexually explicit or graphic nature, which promotes or incites discrimination, hatred or racism or which might be legally actionable for any reason;
- in a manner intended to threaten, harass, or intimidate;
- to violate Sucden Financial’s or any third party's copyright, trademark, proprietary or other intellectual property rights;
- to damage Sucden Financial’s name or reputation or that of our affiliated companies or any third parties;
- to impersonate any of our employees or other person or use a false name while using our site or implying an association with us;
- to penetrate our security measures or other entities' systems ("hacking");
- to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or redirect email intended for others using our site;
- to generate excessive amounts of internet traffic, to interfere with our network or other’s use of our site or to engage in activities designed to or having the effect of degrading or denying service to users of our site or others;
- to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into our site or any other entity’s systems and it is your responsibility to ensure that whatever you download or select for your use from our site is free from such items;
- to post or transmit information that is defamatory, fraudulent or deceptive, including but not limited to scams such as "make-money-fast" schemes or "pyramid/chain" letters; and/or
- to transmit confidential or proprietary information, except solely at your own risk.
When using the Website, you must comply with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be illegal to download the information contained on our Website in certain countries and we and our affiliated companies disclaim all responsibility if you download any information from our Website in breach of any law or regulation of the country in which you reside.
User Identification Code
You will be provided with a username and password to access certain areas of the Website. You must treat this information as confidential and you must not disclose it to any third party or allow any third party to access the Website using your user code or password. You agree to notify Sucden Financial immediately if you suspect unauthorised use of the Website or of your user identification code or password.
Termination and Suspension of Access to Website
We reserve the right to deny you access to the Website, or immediately to suspend or terminate your access to the Website, or to disable any user identification code or password (whether chosen by you or allocated by us) at any time if your use of the Website (in our sole discretion) in any manner breaches these terms or for any other reason.
Privacy and Data Protection
As a result of your use of this website, Sucden Financial may hold and process personal information about you and may use it to send to you information about funds managed by Sucden Financial. All personal data held by Sucden Financial will be treated in accordance with the Data Protection Act 1998. Please see the link to our privacy policy at the foot of the website.
Intellectual Property Rights
The entire contents of this Website are subject to copyright with all rights reserved. You may download or print individual sections of the site for your personal use and information only provided that you retain all copyright and other proprietary notices. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the site without the prior written permission of Sucden Financial. You must not transmit any virus, "worm", "Trojan horse", or other item of a destructive nature to the site and it is your responsibility to ensure that whatever you download or select for your use from the site is free from such items.
Nothing on this Website should be construed as granting any licence or right in relation to any of our trademarks or those of our affiliated companies or any third party.
Linked Websites
Where a link to a non-Sucden Financial Website exists, to the extent permitted by the FSA Rules, Sucden Financial does not accept responsibility for the content of such site nor the products, services or other items offered through that site.
No Warranty
The Website, including information and materials contained in the Website, text, graphics, software, links and other items are provided “as is,” “as available”. Sucden Financial does not warrant the accuracy, adequacy, completeness, timeliness or availability of the Website, and expressly disclaims liability for errors or omissions in the Website. There is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of non-infringement, no warranty of any kind, implied, express or statutory, in conjunction with the website.
Limitation of Liability
In no event will Sucden Financial be liable for any damages, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Website or use thereof or the inability by any party to use such Website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Sucden Financial, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Indemnification
As a condition of your use of the Website, you agree to indemnify and hold Sucden Financial and its third party providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Website, or from your violation of these terms.
Law and Variation
This Website is established in England by Sucden Financial in accordance with and shall be governed by, and your browsing in and use of this Website shall be deemed acceptance of, the laws of England and Wales. A condition of using this Website is that in the event of any dispute or proceeding you irrevocably submit to the exclusive jurisdiction of the English Courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
Sucden Financial may revise this legal notice at any time by amending this page. You are expected to check this page from time to time to take notice of any changes Sucden Financial makes, as they are binding on you.
Each time you use this Website, a condition of use is that you comply with the above terms.