Investment advice
Fincapital Partners is NOT providing any investment advice. MIFID Directive 2014/65/EU defines Investment advice as « the provision of personal recommendations to a client, either upon its request or at the initiative of the investment firm, in respect of one or more transactions relating to financial instruments ». Article 9 of Delegated Regulation (UE) 2017/565 defines a personal recommendation as «a recommendation that is made to a person in his capacity as an investor or potential investor. That recommendation shall be presented as suitable for that person, or shall be based on a consideration of the circumstances of that person, and shall constitute a recommendation to take one of the following sets of steps: (a) to buy, sell, subscribe for, exchange, redeem, hold or underwrite a particular financial instrument; (b) to exercise or not to exercise any right conferred by a particular financial instrument to buy, sell, subscribe for, exchange, or redeem a financial instrument. ». None of the Fincapital communications are personals. All communications are generic and Fincapital does not take into account the personal situation nor the financial objectives of its users. The users are responsible for their choices and for their potential losses, including the complete loss of their capital.
Prospectus
Article 3 of Regulation UE 2017/1129 provides that securities shall only be offered to the public in the European Union after prior publication of a prospectus. Under the prospectus regime, securities approved in one member state benefit from the financial passport and can be offered in any other EEA state. Article 1(4) of Regulation UE 2017/1129 provides that the obligation to publish a prospectus shall not apply to an offer of securities addressed to fewer than 150 natural or legal persons per Member State. Fincapital is in the process of obtaining a prospectus which should be approved in Q2 2024. In the meantime, the offers are made available exclusively to the private club members which shall be capped to 149 members by countries or any number of members willing to invest 100.000 EUR minimum as long as the prospectus is not yet approved.
Solicitation
Non of the communication made by Fincapital Partners shall be considered as a financial solicitation. Financial solicitation is unsolicited contact by any means with a view to obtaining an agreement on an operation on financial instruments. All personal communications made by Fincapital are always at the initiative of the prospects.
Crowdfunding
Service provided by Fincapital is out of scope of the crowdfunding service with the meaning of regulation EU/2020/1503. Fincapital is not providing the service of matching the business funding interests of investors and project owners.