2019-10-24_LI-37-19_Rechtli che Einschätzung_signed
Enercom AG

View our legal opinion by Mag. Dr. Florian Scheiber

October 24, 2019 No Comments

The legal opinion was required by the FMA and therefor we will also publish it to selected investors. Reach out to us and you can see it.

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Legal Notices and Terms of Use

Access to the website of Enercom AG, Liechtenstein (“ENERCOM”) is restricted.

The information on the ENERCOM website is intended exclusively for qualified investors within the meaning of Regulation (EU) 2017/1129.

  1. Entities which are required to be authorised or regulated to operate in the financial markets. The list below shall be understood as including all authorised entities carrying out the characteristic activities of the entities mentioned:
    1. Credit institutions;
    2. Investment firms;
    3. Other authorised or regulated financial institutions;
    4. Insurance companies;
    5. Collective investment schemes and management companies of such schemes;
    6. Pension funds and management companies of such funds;
    7. Commodity and commodity derivatives dealers;
    8. Locals;
    9. Other institutional investors.
    10. Wertpapierfirmen;
    11. sonstige zugelassene oder beaufsichtigte Finanzinstitute;
    12. Versicherungsgesellschaften;
    13. Organismen für gemeinsame Anlagen und ihre Verwaltungsgesellschaften;
    14. Pensionsfonds und ihre Verwaltungsgesellschaften;
    15. Warenhändler und Warenderivate-Händler;
    16. örtliche Anleger;

    17. sonstige institutionelle Anleger.

  2. Large undertakings meeting two of the following size requirements on a company basis:
    1. balance sheet total: EUR 20,000,000
    2. net turnover: EUR 40,000,000
    3. own funds: EUR 2,000,000
  3. National and regional governments, including public bodies that manage public debt at national or regional level, Central Banks, international and supranational institutions such as the World Bank, the IMF, the ECB, the EIB and other similar international organisations.
  4. Other institutional investors whose main activity is to invest in financial instruments, including entities dedicated to the securitisation of assets or other financing transactions.
  5. Investors, who may be treated as professional investors on request.

The website is also not directed at any person or entity whose domicile, residence, principal place of business, incorporation, origin is subject to any foreign jurisdiction where the dissemination or use of such information and documents would be contrary to applicable law or regulation and would subject ENERCOM to additional registration requirements.

The information on this website is not directed to recipients in the United States of America. US persons, i.e. persons who are citizens, residents or taxpayers of the United States of America, or partnerships or corporations incorporated under the laws of United States of America or any state, territory or possession thereof, may not use this website. The above also applies mutatis mutandis to Australia, Japan and Canada.

Qualified investors means persons or entities that are listed in points (1) to (4) of Section I of Annex II to Directive 2014/65/EU, and persons or entities who are, on request, treated as professional clients in accordance with Section II of that Annex, or recognised as eligible counterparties in accordance with Article 30 of Directive 2014/65/ EU unless they have entered into an agreement to be treated as non-professional clients in accordance with the fourth paragraph of Section I of that Annex. For the purposes of applying the first sentence of this point, investment firms and credit institutions shall, upon request from the issuer, communicate the classification of their clients to the issuer subject to compliance with the relevant laws on data protection. The relevant Directive 2014/65/EU can be accessed here. In brief, professional clients are:

I AM A QUALIFIED INVESTOR AND NOT SUBJECT TO ANY OTHER RESTRICTION.

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