Alternative Investments Investor Profile Questionnaire The following paperwork should be completed for each investor that you are recommending an investment into a Direct Participation Program, or DPP. Many alternative investments are considered DPP’s and henceforth are subject to more stringent suitability and concentration guideline limits by the states (some more than others), and therefore the following paperwork is meant to aid you in your discovery process of the types of investments that your client currently holds in accounts that are with you, as well as any that may be held away at another firm through a different advisor. To help in documenting your conversations with clients and to help you with your respective state requirements, as well as comply with FINRA’s Know Your Customer Rule, these forms should be viewed as a tool to be used in your fact finding meeting with new clients, as well as with existing clients to whom you recommend alternative investments. Please Note: Investors who are residents of Kansas, Maine, Massachussets, New Jersey or Ohio are subject to more scrutiny by their respective states and therefore, it is important that you carefully complete pages 2-3 & 5 in their entirety and submit with any new business paperwork for non-traded REIT and/or Business Development Company (BDC) business. Residents of these states are prohibited from particitating in any DRIP program: Iowa Kansas Kentucky Maine Massachusetts Michigan Missouri New Jersey New Mexico ● ● ● ● Page 1 of 6 Nebraska Ohio Oregon Pennsylvania KC Rev_070113 Final Alternative Investment - Investor Profile Rep Code _________ NFS Account #: ______________________ Client Information: To help the government fight the funding of terrorism, Federal law requires that Kalos Capital verify your identity by obtaining the information listed below before your requested transaction can be completed. Your request may be denied if Kalos Capital cannot verify this information. Kalos Capital will not be responsible for any losses or damages (including but not limited to, lost opportunities) resulting from any failure to provide this information in a timely manner, or from our refusal of your requested transaction. Type of Account: Individual Joint Retirement Trust Other: ______________________ Individual / Entity Information Owner’s Name_______________________________________________________________ ID Number ________________________________ Issued by _________ Issue Date ____________ Exp Date_____________ SSN _____________________________________ Citizenship ______________________ Date of Birth __________________ YES NO Employed Occupation _____________________________ Employer ____________________________ Employer Address: ________________________________________ City ____________________ ST ______ Zip ________ Jt. Owner’s Name ____________________________________________________ Joint / Trustee or Fiduciary Information ID Number ________________________________ Issued by _________ Issue Date ____________ Exp Date_____________ SSN _____________________________________ Citizenship ______________________ Date of Birth __________________ Employed YES NO Occupation ________________________ Employer ____________________________ Employer Address: ________________________________________ City ____________________ ST ______ Zip ________ Owner(s) Legal Address (PO Box Not acceptable): _________________________________________________________________ City _____________________________________________________________ ST _______ Zip _______________________ Phone Number _______________________________________ Email Address _________________________________________ Financial Information & Investment Objectives: Federal Income Tax Bracket: (%) ______________ Gross Annual Household Income: $_______________________ Net worth (excluding residence): $________________________ Risk Tolerance: Aggressive Moderate Moderately Aggressive Investment Objectives: Income/Moderate Growth Time Horizon: Short (0-5 years) Investment Product Knowledge: _____ Stocks _____ Bonds Growth/Income Intermediate (6-10 yrs) Growth Aggressive Growth Long (10+ yrs) N = None L = Limited G = Good _____Mutual Funds _____Options _____ Variable Ann E = Extensive _____ Alt. Inv. Questionnaire: Is client employed or affiliated with FINRA, a FINRA member firm or registered stock exchange? Is client’s age: Less than 70 70 to 79 80-85 Yes No Over 85 (exception Ltr. Required) Is client considered to be an Accredited Investor(s)? (see page 3 for definition) Yes If investor lives in OH, NJ, MA, ME or KS. Page 5 must be completed in addition to this page Enter formula percentage that Alternative Investments (new and current) will make-up of the portfolio? A = Current Liquid Net Worth: $ No % (B+C / A+B) (see page 3 for definition) If the Client already owns Alternative Investments, please list the name and amount of current alternative positions (see p.6 worksheet if needed) B = Current ALT Investments: C = NEW ALT Investments: Acknowledgement of Risks and Illiquidity of Investment: Initial Owner Initial Co-Owner These are illiquid investments and redemptions are subject to holding periods and/or discretion of the Management or Board. Distribution payments are subject to change i.e. increase, decrease or be eliminated at the discretion of Management, and could consist of one or a combination of the following: cash flow from the assets, a return of capital, and/or borrowings. Share price stability does not indicate stability in the value of the underlying assets, which will fluctuate and may be worth more or less than Management of the program initially paid. Any dates specified for a “liquidity event” are not guaranteed and could be changed or delayed at the Management’s discretion. Page 2 of 6 KC Rev_070113 Final I have reviewed the above information with my Representative and agree the provided information is accurate. I have read and understand the Arbitration Clause listed on page two of this form. I have received Kalos Capital’s Business Continuity Plan and Privacy Notice. I have received and understand the Investor Kit required by the Issuer(s) regarding the products prior to purchase. Client Signature Date Joint Account Holder Signature (if applicable) Date A signature guarantee is required on the attached transfer paperwork and the estimated value of the transfer will be $ I, __________________________ (Rep Name), attest the signature was genuine; the signer was the appropriate person to endorse or originate the instruction, or if the signature is by an agent, the agent had actual authority to act on behalf of the appropriate person; the signer had legal capacity to sign; the photo and signature of signer was visually confirmed from the signer’s state driver’s license. Representative’s Signature Date Kalos Capital Principal Signature Date Confirmed NFS N/A DEFINITIONS: LIQUID NET WORTH (General Definition): Liquid Assets are easily converted to cash subject to no more that a 10% penalty/loss. Assets include structured products, Cash, CDs, Stocks, MF, Bonds, Retirement Accounts, Variable Annuities and Fixed Index Annuities. Do not include real estate or business equity, personal property and automobiles, expected inheritances or funds already earmarked for other purposes ACCREDITED INVESTOR : A natural person who has individual net worth, or joint net worth with the person’s spouse, that exceeds $1 million at the time of the purchase (excluding personal residence); a natural person with income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation of the same income level in the current year; or a trust with assets in excess of $5 million, not formed to acquire the securities offered, whose purchases a sophisticated person makes. INCOME / MODERATE GROWTH: Seeks to generate income from investments and experience some growth of capital. Interested in investments with low or moderate historical risk of loss of principal. GROWTH AND INCOME: Seeks to grow principal value over time and generate some income from investments. Interested in investments with moderate historical risk of loss of principal. GROWTH: Seeks to grow principal value over time. Willing to invest in securities with moderate to above-average historical risk of principal. AGGRESSIVE GROWTH: Seeks a significant increase in principal over time. Willing to accept a greater degree of risk by investing in securities with high historical risk of loss of principal. ARBITRATION CLAUSE: I agree that all controversies that may arise between me and Kalos Capital, Inc., including, but not limited to those arising out of any transaction or any agreement between us, whether entered into prior, on, or subsequent to the date hereof, shall be determined by arbitration. Any arbitration under this clause shall be conducted before, and pursuant to, the arbitration procedure then in effect of the Financial Industry Regulatory Authority. Any award the arbitrator makes will be final, and judgment on it may be entered in any court having jurisdiction. This arbitration provision shall be enforced and interpreted exclusively in accordance with applicable federal law, including the Federal Arbitration Act. I understand that: Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to a jury trial. Pre-arbitration discovery is generally more limited than and different from court proceedings. The arbitrators' award is not required to include factual findings or legal reasoning and any party's right to appeal or to seek modification of the rulings of the arbitrators is strictly limited. The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any right under this agreement except to the extent stated herein. BUSINESS CONTINUITY PLAN & KALOS CAPITAL PRIVACY POLICY - Both documents can be obtained by visiting our website. www.kalosfinancial.com Page 3 of 6 KC Rev_070113 Final Investor Suitability & Concentration Standards for Ohio, Kansas, Massachusetts, Maine and New Jersey Residents Investing in Non-traded REIT’s and/or BDC’s Several states have established suitability requirements that are more stringent than the standards that we have established as a firm. Shares will be sold to investors in these states only if they meet the special suitability standards set forth below. In order to determine the investor’s “liquid net worth” these special suitability standards exclude from the calculation of net worth the value of the investor’s home, home furnishings and automobiles. General Suitability Standards for all Investors unless your state below defines differently: Investors must have either (a) a net worth of at least $250,000 or (b) an annual gross income of $70,000 and a minimum net worth of $70,000. Below are descriptions for specific states that apply a more strict application for determining how much an investor may invest. Please note that investors in these states may NOT participate in the DRIP program of ANY offering. Massachusetts & Ohio • An investor’s aggregate investment in any non-traded REIT shares, shares of an affiliate, and in other non-traded real estate investment programs may not exceed ten percent (10%) of his or her liquid net worth. ‘‘Liquid net worth’’ is defined as that portion of net worth (total assets exclusive of home, home furnishings, and automobiles minus total liabilities) that is comprised of cash, cash equivalents, and readily marketable securities that can be converted to cash under ordinary and routine business conditions within 10 calendar days. Note that investors cannot participate in the DRIP feature that reinvests distributions into subsequent affiliated programs. New Jersey • A New Jersey investor must have either (a) a minimum liquid net worth of $100,000 and an annual gross income of $85,000 or (b) a minimum liquid net worth of $350,000. In addition, a New Jersey investor’s total investment in a non-traded REIT offering and in other nontraded REIT’s shall not exceed 10% of his or her liquid net worth. ‘‘Liquid net worth’’ is defined as that portion of net worth (total assets exclusive of home, home furnishings and automobiles, minus total liabilities) that is comprised of cash, cash equivalents and readily marketable securities. Maine • The Maine Office of Securities recommends that an investor’s aggregate investment in any non-traded REIT offering and similar direct participation investments should not exceed 10% of the investor’s liquid net worth. For this purpose, ‘‘liquid net worth’’ is defined as that portion of net worth that consists of cash, cash equivalents and readily marketable securities. Note that Maine investors cannot participate in the DRIP feature that reinvests distributions into subsequent affiliated programs. Kansas • In addition to the general suitability requirements described above, it is recommended that investors should invest no more than 10% of their liquid net worth, in the aggregate, in any real estate investment trust(s). ‘‘Liquid net worth’’ is defined as that portion of net worth (total assets minus total liabilities) that is comprised of cash, cash equivalents and readily marketable securities. Page 4 of 6 KC Rev_070113 Final Suitability and Concentration Limits in Non-traded REIT / BDC for residents of KS, MA, ME, NJ, & OH Please complete this form for each of the client’s non-traded REIT & BDC purchase(s). SECTION 1: Below are Direct Participation Program (DPP) investments that would be considered illiquid, meaning investment for which there is not a readily active market that I/we own in other investment accounts held at another financial institution. Investment accounts include non-qualified (non-IRA) and qualified accounts (IRA), qualified employer sponsored plans (401(k), 403(b), etc.), & Trust accounts. Check all that apply and indicate the percentage that each represents of your present liquid net worth. Percentage Percentage Non-traded REITs Equipment Leasing Funds Non-traded BDC Commodity Pools Private Equity/Venture Capital Funds Oil & Gas DPP Programs (not Reg D) Other (include percentages): SECTION 2: Use the following formula to help determine allowable amount to be invested in any Direct Participation Program: Concentration Formula Total Net Worth (A+B) / C ≤ 10% Assets Minus Primary Residence minus all net assets other than cash, Home Furnishings Minus cash equivalents, and readily Ⓐ Ⓑ Minus Automobiles marketable securities or other ( + Minus total liabilities holdings that can be converted = Net Worth to cash as defined by your particular state. Ⓒ $ = Liquid Net Worth It may be unsuitable for an investor’s aggregate investment in shares of the Issuer, Affiliates of the Issuer, and in other non-traded DPP programs similar to the one being recommended, to exceed 10% of his/her liquid net worth or net worth depending on your state. Residents in the following states are prohibited from participating in the DRIP program: IA, KS, KY, ME, MA, MI, MO, NJ, NM, NE, OH, OR, PA. Enter results here ) % (must ≤ 10%) A = investor’s current aggregate investment in securities of the Issuer, affiliates or the Issuer, and other similar non-traded DPP’s; B = amt. of the prospective addl. purchase of securities of the Issuer, Affiliates of the Issuer, or other similar non-traded DPP’s; C = investor’s Liquid Net Worth immediately prior to the purchase of B. SECTION 3: I/We hereby agree that I/we have listed the illiquid assets above and that I/we do not have other undeclared investments in Direct Participation Programs held at another firm that would alter or change the concentration limits as stipulated by my respective states guidelines outlined in the prospectus which I have received prior to investing. _________________________________ Print Name Individual/Trust/Beneficial Account Owner Signature _________________________________ Print Name Joint Owner/Co-Trustee Signature Date Signed Page 5 of 6 KC Rev_070113 Final Alternative Investments Worksheet (optional) CLIENT NAME: Date: Client’s Total Portfolio Value (excluding Residence): $ Liquid Net Worth: $ Please list current alternative Investments and the dollar amounts: Non‐traded REITs: $ $ $ $ $ $ $ $ % TOTAL REITs $ % of Total Portfolio Equipment Leasing/Finance: $ $ $ $ Total Equip. Leasing/Finance $ % of Total Portfolio % Business Development Companies (BDC) $ $ $ $ $ $ $ $ TOTAL BDC’s $ % of Total Portfolio % Private Equity/Venture Capital: $ $ $ $ % of Total Portfolio % TOTAL PE/VC $ Energy Programs (Drilling/Royalty or other income generating programs): $ $ $ $ $ $ TOTAL Energy $ Other Alternative Investments/Reg. D programs: % of Total Portfolio % $ $ $ $ $ $ TOTAL Other ALT’s $ % of Total Portfolio % Total % of Portfolio Value Allocated to Alternative Investments Page 6 of 6 % KC Rev_070113 Final
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