Please read the following and sign to confirm your acceptance.
Z Investment Management ("ZIM") – Classification as Elective Professional Client
We have been discussing various opportunities with you in connection with the marketing to you of and investment in Z Special Opportunities SP (a segregated portfolio of Z Multi Strategy SPC).
Z Investment Management is a trading name of Z Investment Partners LLP which is authorised and regulated by the Financial Conduct Authority under the Financial Services and Markets Act 2000. We wish to provide you with information on the terms under which we would provide our services.
2. Independent Advice
We understand that you have had the opportunity to take, and have taken, such independent investment advice as you consider necessary or desirable in relation to the investments we have been discussing.
You confirm that we have not advised with regard to, and you are not relying on any communication (written or oral) from us as investment advice or as a recommendation of any kind to enter into, any investment or contract as a result of the introductions we have made. You understand and acknowledge that information and explanations provided by us in relation to our services will not be considered investment advice or a recommendation to enter into any particular transaction.
3. Elective Professional Client
To enable us to perform suitability and anti-money laundering checks, we have requested certain information. Before accepting you as a client we will require verification that all of these checks have been conducted and all relevant information has been received by us
On the basis of the information provided by you, we will categorise you as an Elective Professional Client for the purposes of the FCA’s Rules in connection with the services. YOU SHOULD NOTE THAT as a consequence of this categorisation, (1) you will lose protections applicable exclusively to Retail Clients under the FCA Rules, (2) certain FCA Rules will be automatically limited or modified in their application to you; and (3) certain FCA Rules will be capable of modification in their application to you. In particular:
(a) ZIM will not be obliged to take any steps to ensure that you understand the nature of risks inherent in any transactions we arrange for you in the course of carrying out the services on your behalf. If you are unsure at any stage whether a particular transaction is suitable for your circumstances and risk appetite, you should seek independent investment advice;
(b) your right to sue ZIM for damages under Section 150 of the Financial Services and Markets Act 2000 will be restricted as you will only be able to sue for breaches of obligations owed to you and these will not include Retail Client protections; and
(c) you will also lose the right of access to the Financial Ombudsman Service.
By signing and returning this letter you represent, warrant and undertake, and you acknowledge that we shall rely on such representations, warranties and undertakings, as follows:
(a) you have taken independent legal, tax and any other necessary investment advice on any relevant matters including, without limitation, taxation matters in connection with this arrangement; and
(b) you acknowledge that neither we nor any of our associated companies have advised you in any way on the investment suitability, or the merits, or otherwise, of this arrangement or any other transactions.
This letter shall be governed by and construed in accordance with English law.