Ondo USDY LLC
Tokenholder Eligibility Criteria
This page provides information on the types of persons that are prohibited or restricted from subscribing for, acquiring or redeeming USDY tokens.
Jurisdiction-Based Prohibitions:
Individuals residing in or citizens of, and entities organized under the laws of or with a principal place of business in, any jurisdiction listed below (“Prohibited Persons”) are prohibited from subscribing for, acquiring or redeeming USDY tokens:
- Afghanistan
- Algeria
- Belarus
- Canada
- China
- Crimea, Donetsk People’s Republic (DNR), Luhansk People’s Republic (LNR), Kherson and Zaporizhzhia regions (Ukraine), the city of Sevastopol
- Cuba
- Democratic Republic of Korea
- Eritrea
- Iran
- Libya
- Myanmar
- Morocco
- Nepal
- Russia
- Somalia
- South Sudan
- Sudan
- Syria
- United States, or any of its states, possessions, territories or federal districts*
- Venezuela
*Persons who place buy orders from within the United States, or any of its states, possessions, territories or federal districts, and persons who are “U.S. persons” or acting for the account or benefit of any “U.S. persons” within the meaning of Rule 902 of Regulation S promulgated under the United States Securities Act of 1933, as amended, are also prohibited from subscribing for, acquiring or redeeming USDY tokens.
Ondo USDY LLC, the issuer of USDY tokens, also prohibits persons from subscribing for, acquiring or redeeming its tokens if it determines, in its sole discretion, that such activity may constitute a violation of (i) applicable laws, rules or regulations, including but not limited to sanctions restrictions, (ii) the terms of the USDY tokens’ governing documents; or (iii) the issuer’s governing documents and policies. In addition, if Prohibited Persons, directly or indirectly, hold in the aggregate 50% or more beneficial ownership or control of any entity, such entity may also be (or will be, if Prohibited Persons are prohibited as a result of applicable sanctions regulations) prohibited from subscribing for, acquiring or redeeming USDY tokens.
Jurisdiction-Based Restrictions:
Individuals residing in or citizens of, and entities organized under the laws of or with a principal place of business in, any jurisdiction in the table set forth below must satisfy one or more of the eligibility requirements set forth opposite the name of such jurisdiction in order to be issued USDY tokens. For convenience purposes only, the below table also lists the key financial thresholds that are generally sufficient for an individual or entity to satisfy the applicable requirements; however, such information is provided only as a guide and does not amend, replace or supersede the requirements set forth under applicable laws, rules or regulations. Please refer to the applicable jurisdiction’s law, rules and regulations for definitions of the defined terms used in the table below. To onboard with the token issuer, Restricted Persons generally will be required to produce evidence that they satisfy the applicable eligibility requirements and to certify or declare their eligible status.
| Jurisdiction | Eligibility Requirements | Financial Thresholds (Individuals) | Financial Thresholds (Entities) |
|---|---|---|---|
| Brazil | “Qualified Investor” (CVM Resolution No. 30, Art. 12) | R$1M in financial investments; or approved technical qualification/certification | Professional investors; investment funds; or investment clubs (managed by Qualified Investors) |
| “Professional Investor” (CVM Resolution No. 30, Art. 11) | R$10M in financial investments; or non-resident investor; or CVM-accredited professionals | Financial institutions; insurance/capitalization companies; pension entities; investment funds; or investment clubs (managed by CVM-authorized managers) | |
| Any Member State of the European Economic Area | “Professional Client” (MiFID II, Annex II, Section I); or “Qualified Investor” (Prospectus Regulation (EU) 2017/1129) | EUR 500K financial portfolio; or 10 significant transactions per quarter over 4 quarters; or 1 year of financial sector experience | Regulated financial institutions; or large undertakings meeting 2 of: EUR 20M balance sheet, EUR 40M turnover, EUR 2M own funds |
| Hong Kong | “Professional Investor” (Individual) (PI Rules) | HK$8M portfolio value (alone or with associates) | Not applicable |
| “Professional Investor” (Corporate/Trust) (PI Rules) | Not applicable | Trust corporations with HK$40M total assets; corporations or partnerships with HK$8M portfolio or HK$40M total assets; or investment holding corporations wholly owned by Professional Investors | |
| “Professional Investor” (Institutional) (SFO Schedule 1 Part 1) | Not applicable | Recognized exchange companies; intermediaries; financial institutions; insurers; collective investment schemes; governments; or central banks | |
| Malaysia | “Sophisticated Investor” (High Net Worth Individual) (CMSA 2007) | RM 3M net personal/joint assets (excluding primary residence); or RM 300K annual income (individual) / RM 400K (joint) | Not applicable |
| “Sophisticated Investor” (High Net Worth Entity) (CMSA 2007) | Not applicable | Trust companies or public company trustees with RM 10M assets under management; corporations or partnerships with RM 10M net assets; statutory bodies; or pension funds | |
| “Sophisticated Investor” (Accredited Investor) (CMSA 2007) | Not applicable | Unit trust schemes; CMSL holders; licensed banks; closed-end funds; or similar regulated entities | |
| Singapore | “Accredited Investor” (SFA Section 4A(1)) | S$2M net personal assets (max S$1M from primary residence); or S$1M financial assets (net of liabilities); or S$300K annual income | S$10M net assets |
| “Institutional Investor” (SFA Section 4A(1)(c)) | Not applicable | Governments; central banks; regulated financial institutions; pension funds; collective investment schemes; or similarly regulated financial institutions | |
| Switzerland | FinSA “Professional Client” (Article 4(3)-(5)); or CISA “Qualified Investor” | Private investment structures for HNWIs with professional treasury operations; or HNWI with >CHF 500K in assets and relevant experience; or HNWI with >CHF 2M in assets | Regulated financial intermediaries; insurance companies; central banks; public entities; pension funds; companies with professional treasury operations; or large companies meeting 2 of: CHF 20M balance, CHF 40M turnover, CHF 2M equity |
| United Kingdom | “Professional Client” (MiFID II, Annex II, Section I); or “Qualified Investor” (Prospectus Regulation (EU) 2017/1129) | EUR 500K financial portfolio; or 10 significant transactions per quarter over 4 quarters; or 1 year of financial sector experience | Regulated financial institutions; or large undertakings meeting 2 of: EUR 20M balance sheet, EUR 40M turnover, EUR 2M own funds |
Please note that Ondo USDY LLC also imposes non-jurisdiction-related eligibility criteria in accordance with its know-your-customer policies, procedures and practices and contractual agreements.
USDY Legal Disclaimer
USDY tokens have not been registered under the US Securities Act of 1933, as amended ("Act") or the securities or financial instrument laws of any other jurisdiction, and may not be offered or sold in the US or to US persons unless registered under the Act or an exemption from the registration requirements thereof is available. The Tokens are offered and sold in the European Economic Area and the United Kingdom solely to qualified investors, and in Switzerland solely to professional clients. Other jurisdiction-based prohibitions and restrictions apply. Ondo USDY LLC, the issuer of USDY, is not registered as an investment company under the US Investment Company Act of 1940, as amended, or as an Alternative Investment Fund or Undertaking for Collective Investment in Transferable Securities in the European Economic Area, or under the securities or financial instrument laws of any other jurisdiction. Nothing herein constitutes any offer to sell, or any solicitation of an offer to buy, USDY. Nothing herein constitutes investing advice. Acquiring USDY involves risks. A USDY holder may incur losses, including total loss of their purchase price. Past performance is not an indication of future results. Additional terms apply. See docs.ondo.finance/legal/terms-of-service, docs.ondo.finance/general-access-products/usdy and ondo.finance/usdy (opens in a new tab) for details.