register the partnership(s) as Kentucky Registered Limited Liability Partnership because the Company’s partnership(s) are federal covered securities and are not subject to Kentucky partnership law. The Company will not share any confidential investor information unless instructed in writing by the private investor.
Investment Security – The Company’s partnerships are defined as an investment security pursuant to SEC Regulation D, Rule 506(b)(c) and KRS 292.330. Therefore, all investor information is confidential in nature, and each investor’s privacy rights are protected.
Securities Investment Contract – Each investor of Encore Energy, Inc. signs and executes a securities contract that discloses to them that investor information is confidential.
Financial Institution – Encore Energy, Inc. is defined as a financial institution pursuant to CFR 1010.100(t) and the US Treasury Department definitions. As a Financial Institution, the Company manages the investments of private investors participating in an investment security.
Gramm-Leach-Bliley Act – Federal law that requires financial institutions – companies that offer consumers financial products, investment securities, financial or investment advice, or insurance – to explain their information-sharing practices to their customers and to safeguard and protect sensitive data such as the identity, names, address and other personal information regarding investors in each investment security.
Investor Confidentiality (KRS 292.336) – Encore is clearly defined as a "firm employing issuer agents". KRS 292.336(6)(a) – "Every investment adviser that is registered or required to be registered shall establish and implement written physical security and cybersecurity policies and procedures designed to ensure the confidentiality, integrity, and availability of physical and electronic records and information". KRS 292.336(6)(b)(2)(b and c) – "At a minimum, ensure
that the investment adviser safeguards confidential client records and information; and protects any records and information for which the release could result in harm or inconvenience to any private investor of Encore Energy, Inc.
Certificate of Assumed Name – Each partnership operates under an assumed name of
Encore Energy, Inc. to protect the privacy rights of each private investor.