IMPORTANT LEGAL NOTICES AND DISCLOSURES
Warning – Fraud and Misrepresentation by Intermediaries
United States (US) Notice of Trust Management Authority
United Kingdom (UK) Disclosure of Excluded Regulated Activities
United Kingdom (UK) Disclosure on Exempt Regulated Activities
International Notice of Compliance
International Attorney Client Confidentiality
WARNING – Fraud and Misrepresentation by Intermediaries
Due to the increasing popularity of STILAS licensed professional services and its strong reputation of credibility and quality in the banking industry, various third parties may attempt to illegally benefit from our good corporate name through fraud, through no fault of and without the knowledge of our firm. Please read this warning carefully to avoid any undesirable situations.
All brokers, agents and third party intermediaries are strictly independent, and are not authorized to represent STILAS as a company, nor make any statements of intent, policy, claims or promises on behalf of the company or any of its executives or staff. STILAS shall not be bound or obligated by, and no person shall take action in reliance upon, statements of any such independent third parties. Brokers represent their own clients to STILAS, and do not "represent" STILAS to any potential or current clients.
All STILAS services are provided strictly in the context of a direct and contractual attorney client relationship and/or financial institution relationship. It would be unlawful for STILAS to provide its licensed professional services as a “sub contractor” under any third party contracts signed by a potential client with unlicensed intermediaries, consulting firms or finance companies. All third party contracts and claims purporting to provide or include STILAS services, in whole or in part, are willfully and knowingly fraudulent misrepresentations. Any retainers requested or received by or paid to any third parties are not received by STILAS, do not create a client relationship and do not cause the provision of any STILAS services.
Any statements or communications of third parties that violate this Warning or contradict the official printed corporate materials of STILAS shall be subject to civil and criminal prosecution under federal law, as violations of the US Fraud and False Statements Accountability Act (18 USC 1001(a)(2)), trademark infringement by misrepresentation of the brand name of services (18 USC 2320) or by false or misleading representation of the source of services or of any affiliation, sponsorship or approval of the true source of services in violation of the Unfair Competition Act (15 USC 1125), and may also be prosecuted as federal "mail fraud" (18 USC 1341) or "wire and broadcast fraud" (18 USC 1343), each violation carrying penalties of up to $10,000 and/or up to 5 years imprisonment.
Please report any violations of the above Warning to STILAS immediately, for free professional assistance with law enforcement action and support of civil litigation against any known violators in any country.
United States (US) Notice of Trust Management Authority
STILAS International Law Services, P.A. is authorized to conduct portfolio investment trust management of assets, at its own discretion and upon its independent professional judgment, in accordance with the Uniform Prudent Investor Act of 1967, adopted as the Third Restatement of the Law of Trusts of 1990 and enacted as the New York Estate Powers and Trusts Law (EPTL), Section 11.2.3, as revised in 1995, and the Uniform Principal and Income Act of 1962, enacted as the New York Estate Powers and Trusts Law (EPTL), Section 11.2.1, as revised in 1997, and in accordance with the provisions of the US Federal Deposit Insurance Corporation (FDIC) Trust Examination Manual, Asset Management, Section 3.
STILAS is permitted to place or invest trust funds in or through a common trust account, in accordance with the US Federal Revenue Act of 1936, Internal Revenue Code of 1954, Section 584, and Regulation F of the Board of Governors of the Federal Reserve System, Section 17, and Office of the Comptroller of Currency OCC Regulation 9.18.
United Kingdom (UK) Disclosure of Excluded Regulated Activities
As a multinational law firm, STILAS International Law Services, P.A. is permitted under the Financial Services and Markets Act 2000 (FSMA) and Regulated Activities Order (RAO) (FSMA Order 2001, SI 2001/544, as amended by SI 2001/3544) to provide the following financial and investment related services on the basis of certain “specific exclusions” and “general exclusions” established by the UK Financial Services Authority (FSA):
Accepting deposits received in the course of practicing the licensed profession of law (Specific Exclusion: RAO Article 7(1)).
Arranging transactions as a trustee (General Exclusion: RAO Article 66(2)).
Execution and advice on investment related transactions that are a necessary part of and are conducted in the course of practicing a non-investment licensed profession (General Exclusion: RAO Article 66(6)(b), Article 67(1)(b)).
Dealing in investments as principal, ancillary to administration of trust funds, without separately engaging in the business of purchase and sale of inventory investments (Specific Exclusions: RAO Article 15(1)(b), Article 15(3)).
Dealing in investments as agent to “qualified accredited investors” (USA) and “certified high net worth entities” (UK) who do not seek advice on the merits of entering transactions (Specific Exclusion: RAO Article 22(1)(b)).
Discretionary management of investments in the limited form of administration of trust funds, consisting of cash assets only, where the assets do not consist of or include any specified investments (Specific Exclusion: RAO Article 37(b)). Discretionary management of investments under power of attorney involving decision making of an overseas person (Specific Exclusions: RAO Article 38(a), Article 38(b)(iii)). Discretionary management of investments within the scope of and limited to traditional trust management (General Exclusion: RAO Article 66(1)).
United Kingdom (UK) Disclosure on Exempt Regulated Activities
The following mandatory disclosure is provided in accordance with the Financial Services and Markets Act 2000 (FSMA), Part XX, Section 332(4) in compliance with Solicitors’ Financial Services (Conduct of Business) Rules 2001, Rule 2(a) and 3(2), and in accordance with the FSMA Financial Promotions Order 2001 (SI 2001/2633), Article 55A(2).
As a multinational law firm, STILAS International Law Services, P.A. is not required to be authorized by the UK Financial Services Authority (FSA) under the Financial Services and Markets Act (FSMA) and thus is not so authorized, but is regulated by the UK Solicitors Regulation Authority (SRA), and complaints and redress mechanisms are provided through the UK Law Society regulation. The firm is permitted by UK law in certain circumstances to offer a limited range of investment services to clients because it is regulated by the Solicitors Regulation Authority.
As a law firm, STILAS is permitted to conduct “Exempt Regulated Activities” consisting of various investment related activities that are limited in scope as incidental to, complimentary to and arising out of traditional professional services as a law firm (FSMA Part XX, Section 332(4)), particularly corporate power of attorney and appointed trustee services, including legal administration of trust funds, in compliance with Law Society Solicitors’ Financial Services Scope Rules 2001, Rule 4, provided that any decision to purchase specified investments is made upon the advice of an authorized financial institution (Scope Rules, Rule 5.4).
International Notice of Compliance
All contents of this web site are for informational purposes only, and are not intended as an offer or solicitation for the purchase or sale of any securities or financial instrument, nor a solicitation of any investment program, investment funds or placement, loan or credit funds. These contents do not consist of any legal or investment advice, securities or tax related advice. This web site does not represent the policies of any bank or financial institution, and is not intended as a confirmation of any transaction.
International Attorney Client Confidentiality
All communications, materials and information exchanged in furtherance of the transactions contemplated with both current as well as potential clients of STILAS International Law Services, P.A. and STILAS Financial Services, S.A. shall be confidential and protected by Attorney-Client Privilege. STILAS maintains confidentiality through exercise of its law firm function in accordance with the American Bar Association (ABA) Model Rules of Professional Conduct, Rule 1.6(a), Rule 1.18(a) and (b), as well as the laws of the Supreme Court of the State of New York, and United Kingdom (UK) Solicitors Code of Conduct (2007) Rule 4.01 and Guidance 7 to Rule 4. STILAS protects confidentiality of client communications on foreign territories under authority of the “Basic Declaration of the Role of Lawyers” adopted by the 8th Congress of the United Nations in August 1990 New York, Section 22.
Such confidentiality and privilege is provided with the limited exception that STILAS is permitted to disclose certain information to banks and licensed financial institutions as required for compliance with financial laws and banking regulations, in furtherance of representation of clients’ interests in the course of trust management of assets or international project financing, in accordance with ABA Model Rules, Rule 1.6(a) and UK Code of Conduct, Rule 4.01.
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