This document constitutes a financial promotion relating to shares in The Cultural Capital Fund Limited (“the Fund”), which has been approved by Bob and Co Partners LLP, a firm authorised and regulated by the Financial Conduct Authority (FCA) for the purposes of Section 21 of the UK’s Financial Services and Markets Act 2000 in accordance with the FCA’s Rules relating to “financial promotions”.
The Cultural Capital Fund Limited is a collective investment scheme established in Jersey as an Expert Fund and being categorised as a Closed Fund within the meaning of the Expert Fund Guide published by the Jersey Financial Services Commission although, for the purposes of the Collective Investment Funds (Certified Funds – Prospectuses) (Jersey) Order 2012, falling with an open ended fund definition by reason of a redemption facility available to investors. The Cultural Capital Fund is regulated by the Jersey Financial Services Commission. The Jersey Financial Services Commission is protected by the Collective Investment Funds (Jersey) Law 1988 against liability arising from the discharge of its functions under that Law.
As the Fund is an alternative investment fund or AIF as defined for the purposes of the EU’s Alternative Investment Fund Managers Directive, any marketing of the Fund (as defined for the purposes of that Directive) is being undertaken pursuant to the National Private Placement Regime as available in EU member states for a third country AIF (meaning that the Fund is neither an EEA AIF nor a UK AIF) with the small third country alternative investment fund manager or AIFM – because its AIFM is the Fund’s board of directors and currently does not meet the threshold conditions in the AIFMD such that the full scope of the Directive applies. In the UK, marketing of the Fund is being undertaken pursuant to Regulation 58 of the UK’s Alternative Investment Fund Managers Regulations 2013 implementing the AIFMD in the UK, and the relevant written notification has been given to the FCA by the Fund.
Bob and Co Partners LLP provides investment advisory services to the Fund and performs some management services in respect of the Fund’s portfolio. Bob and Co Partners LLP is acting exclusively for the Fund and not for anyone else in connection with this document. It provides no investment advice on the merits of subscribing for Shares of the Fund to any prospective investor.
Bob and Co introduces investment opportunities to the Fund, pursuant to the Investment Opportunities Agreement which has been entered into between Bob and Co and the Fund, and will be involved in providing its media advisory services to the unquoted investments held within the Fund’s portfolio.
This document has been prepared solely for the information of the person to whom it has been delivered. The information contained herein is strictly confidential and is only for the use of the person to whom it is sent. The information contained herein may not be reproduced, distributed or published by any recipient for any purpose without prior written consent.
This document 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 local law or regulation. It is intended for distribution in the United Kingdom, Switzerland, Guernsey, Jersey and Monaco.
The distribution of this document and other promotional documents relating to the Fund including the Private Placement Memorandum may be restricted in certain jurisdictions by law and regulations. In particular the Fund is an unregulated collective investment scheme for UK law purposes and so promotion in the UK is restricted as required by regulation 46 of the UK’s Alternative Investment Fund Managers Regulations 2013, and where appropriate section 238(1) of the UK’s Financial Services and Markets Act 2000. This document is not intended for distribution in the United States or for the account of U.S. persons (as defined in Regulation S under the United States Securities Act of 1933, as amended (the “Securities Act”)). Persons into whose possession this document comes should inform themselves about and observe the restrictions of any relevant jurisdiction.
The descriptions contained herein are a summary of certain proposed terms and are not intended to be complete. The terms for the Initial Offer of Shares (and subsequent dealings in Shares) of the Fund shall be on the basis set out in the full Private Placement Memorandum. Prospective investors should review the Private Placement Memorandum, including the risk factors in the Private Placement Memorandum, before making a decision to invest. Prospective investors should rely only on the Private Placement Memorandum in making a decision to invest (although certain descriptions contained herein may be more detailed than those contained in the Private Placement Memorandum).
Any subscription for Shares in the Fund shall be pursuant to receipt of the full Private Placement Memorandum and completion of the Application Form in accordance with that Private Placement Memorandum’s terms.
An investment in Shares of the Fund involves a high degree of risk and in particular attention is drawn to the section entitled “Risk Factors” in the Private Placement Memorandum. Prospective investors should be aware that the value of their investments and any income produced by them can fall as well as rise. Investors may not get back the value of their original investment. Prospective investors should evaluate any tax consequences that may arise in their particular circumstances and in the relevant jurisdictions. Investors should ensure they read the Private Placement Memorandum before making an investment decision.
The summary description of the Fund’s strategy included herein and any other materials provided to you are intended only for information purposes and convenient reference. No reliance may be placed for any purpose on the information and opinions contained in this document or their accuracy or completeness. No representation, warranty or undertaking, express or implied, is given as to the accuracy or completeness of the information or opinions contained in this document and no liability is accepted by such persons for the accuracy or completeness of any such information or opinions, and nothing contained herein shall be relied upon as a promise or representation whether as to past or future performance.
This information is not intended to provide and should not be relied upon for accounting, legal or tax advice or investment recommendations. You should consult your tax, legal, accounting or other advisers about the issues discussed. Neither Bob and Co Limited nor Bob and Co Partners LLP offers any comment on the merits for a prospective investor of subscribing for Shares of the Fund. If you have any doubt as to suitability of this investment you should contact your financial adviser or a professional adviser.