Banco BPM does not intend to make any offer, solicitation or invitation to buy, subscribe, sell or trade the Financial Instruments in respect of persons resident or located in Countries where, under local laws governing financial instruments, offers, solicitations, invitations, purchases, sales, subscriptions or trades involving the Financial Instruments are not permitted or are not permitted in the absence of specific exemptions or authorisations from the competent authorities (the “Other Countries”).
The Financial Instruments are not registered in accordance with the “United States Securities Act” of 1933, as amended (the “Securities Act”). In accordance with the provisions of the “United States Commodity Exchange Act” (“CFTC”), trading in the Financial Instruments is not authorised by the CFTC. The Financial Instruments, including any related documentation, can in no way be offered, sold or delivered directly or indirectly in the United States or to American citizens; and/or to “U.S. Persons”.
Regulation S of the Securities Act defines the following as a “U.S. Person”:
- any individual resident in the United States;
- partnerships and corporations set up and organised under the laws of the United States;
- any property whose administrators or managers are a “U.S. Person”;
- trusts whose trustee is a “U.S. Person”;
- any agency, branch or sub-office of an entity that has its headquarters in the United States;
- non-discretionary accounts and other similar contractual relationships (except properties or trust), managed or administered in trust on behalf or for the benefit of a “U.S. Person”;
- discretionary accounts and other similar contractual relationships managed or administered in trust by a manager or administrator constituted and organised, or (if an individual) resident, in the United States;
- partnerships and corporations if set up and organised under the laws of any foreign jurisdiction; and consisting of a “U.S. Person” with the main objective of investing in securities not subject to registration under the Securities Act, as amended, unless they are set up or organised and held by authorised investors (as defined in Rule 501 ( a)) who are not individuals, properties or trusts.
Financial Instruments may not be sold or offered in the United Kingdom, except in accordance with the provisions of the “Public Offers of Securities Regulations 1995” and the applicable provisions of the “Financial Services and Markets Act 2000” (“FSMA 2000”). Any document relating to the Financial Instruments can only be made available to the persons designated in the “FSMA 2000”.
The Financial Instruments have not been, nor will they be, authorised for distribution to the public in Canada as no prospectus relating to these instruments has been nor will be filed with the competent supervisory authorities of Canada or one of its provinces or territories. This website is not, and under no circumstances shall be construed as, a form of advertising or other form of public offer of financial instruments in Canada. No resident of Canada under the Income Tax Act (Canada) may purchase or accept a transfer of Financial Instruments unless that person is entitled to carry out such operations under the legislation in force in Canada or in its provinces.
Having take note of the above, I declare under my full responsibility:
- that I have read, understood and agree to comply with the above restrictions;
- that I am resident in Italy, not domiciled nor currently located in the United States, Canada, Australia, Japan, the Other Countries or elsewhere, apart from Italy, and not be a “U.S. Person” as defined in Regulation S of the Securities Act.
- that I will not send any documentation about the Financial Instruments to the United States, Canada, Australia, Japan or the Other Countries.
I am fully aware that the declarations that I have made constitute self-certification according to Presidential Decree 445 of 28 December 2000 and subsequent amendments, and that false declarations are punishable by law.