Legal Structure

Legal Structure

The Omnes Mining Note (OMN) is issued by the Omnes Securities Fund, a Luxembourg securitisation fund established under the Luxembourg Securitisation Law of 22 March 2004. The Fund acts through its management company, Omnes Securities S.A., which administers the structure and executes issuances on behalf of the Fund.

The securitisation structure ensures that investor assets are held within a legally segregated vehicle that is structured to be bankruptcy remote from Omnes Technology AG and Omnes Holdings Ltd.

Each OMN issuance is established as a separate compartment of the Fund. Under Luxembourg law, compartments are ring fenced from one another, meaning that assets and liabilities associated with one series of OMN are legally segregated from other compartments and from the operating entities of the Omnes group.

The OMN offering is conducted exclusively outside the United States pursuant to Regulation S under the U.S. Securities Act of 1933 and is not available to U.S. persons.

The Fund is intended to operate as a tax neutral securitisation vehicle under Luxembourg law. Investors are responsible for determining the tax consequences of their investment in OMN in their respective jurisdictions.

Investors receive periodic performance reports during the life of the product together with annual audited financial statements.