Investors, fundraisers and investee companies who rely on the certain investor exemptions need to be aware of changes to the rules governing the promotion of financial investments. On 31st January the new rules change those who qualify as “high net worth individuals” or “self certified sophisticated investors” and to whom financial promotion information can be sent without having to jump through as many regulatory hurdles.
The Changes:
Before 31 January 2024 | After 31 January 2024 | |
High Net Worth |
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Self-certified sophisticated investors |
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The method for calculating income and assets remains unchanged after the implementation date.
In addition there are some minor additional requirements which mean that all communications making use of these exemptions should include further details of the Company address, contact information and company registration number , should no longer refer to the word “certified” from the high net worth individual exemption and provide updates to statements from time to time.
Failure to comply with the new rules is a criminal offence with a possible custodial sentence of 2 years and could render any commission or fees earned by investment professionals void – plus fines from the Financial Conduct Authority.
If you would like to talk to someone regarding these changes please contact Amanda Brockwell.