Legal Disclosures
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Wakem Capital Management LLC is a member of NFA and is subject to NFA's regulatory oversight and examinations. Wakem Capital Management LLC has engaged or may engage in underlying or spot virtual currency transactions in Wakem Global Opportunities Fund LP. Although NFA has jurisdiction over Wakem Capital Management LLC and its Wakem Global Opportunities Fund LP, you should be aware that NFA does not have regulatory oversight authority for underlying or spot market virtual currency products or transactions or virtual currency exchanges, custodians or markets. You should also be aware that given certain material characteristics of these products, including lack of a centralized pricing source and the opaque nature of the virtual currency market, there currently is no sound or acceptable practice for NFA to adequately verify the ownership and control of a virtual currency or the valuation attributed to a virtual currency by Wakem Capital Management LLC.
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No offer to sell or solicitation of an offer to buy any security is made hereby. Investors should obtain and carefully review any Offering Documents, which will contain additional information about the fund and the associated risks and expenses of an investment therein.
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Any decision to invest in any fund should be based solely on the information included in the Offering Documents. An investment in any fund is subject to loss of capital and is only appropriate for persons who can bear that risk and the illiquid nature of an investment in such a fund. These materials are intended only for persons who qualify as qualified clients under the applicable securities laws. There is no guarantee any fund will meet its investment objectives. Past performance does not guarantee future results.
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These materials are not intended to constitute legal, tax or accounting advice or investment recommendations. Prospective investors should consult their own advisors regarding such matters.
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The information herein is subject to change without notice. Opinions and estimates offered herein constitute Wakem Capital Management’s judgment, as are statements of financial market trends, which are based on current market conditions. Any terms contained herein are indicative only and are subject to modification and completion. Actual terms, and other important information which prospective investors should consider before making a decision to invest, are contained in the Offering Documents.
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In no circumstances should past performance be regarded as a representation, warranty or prediction that investors will achieve the performance results displayed, or that investors will be able to avoid losses, including total loss of their investment. Investing involves risk, including the loss of principal.​
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Unique Features of Virtual Currencies. Virtual currencies are not legal tender in the United States and many continue to questionable whether they have any intrinsic value.
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Price Volatility. The price of virtual currency is based on perceived value and is subject to changes in sentiment, making these products extremely volatile. In some cases, certain virtual currencies have experience daily price volatility of 20% or greater.
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Valuation and Liquidity. Virtual currencies are traded both privately and through virtual currency exchanges, meaning there is no centralized pricing source. The lack of a centralized pricing source poses a variety of valuation challenges. The dispersed liquidity may pose challenges for market participants trying to exit a position, particularly during periods of stress.
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Cybersecurity. Virtual currencies and related “Wallets” or spot exchanges are susceptible to cybersecurity risks, including hacking, and that publicly distributed ledgers may not be immutable. Even minor cybersecurity events can bring about immediate and irreversible losses for participants.
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Opaque Spot Market. Unlike bank or brokerage accounts, virtual currency exchanges and custodians holding virtual currency do not always identify the owner. The opaque underlying or spot market presents asset verification challenges for market participants, regulators and auditors, increasing the potential for manipulation and/or fraud.
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Virtual Currency Exchanges, Intermediaries, and Custodians. The lack of regulatory oversight creates a risk that a virtual currency exchange may not hold enough virtual currency or funds to satisfy its obligations and such deficiency may not be easily identified or discovered. Moreover, certain virtual currency exchanges have experienced significant outages, downtime and transaction processing delays which may result in a higher level of operational risk than regulated futures or securities exchanges.
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Regulatory Landscape. Virtual currencies face an uncertain regulatory landscape. Currently, no federal regulatory oversight for virtual currency exchanges exists in the United States. However, some of these exchanges may be regulated by state regulators and the CFTC currently regulates virtual currency derivatives. Different jurisdictions could adopt laws in the future that would affect virtual currency networks, issuers, prices, and the acceptance of such networks.
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Technology. The nascent and rapidly evolving technology underlying virtual currencies introduces substantial risks. Owners of virtual currencies cannot access, use, or transfer them without a unique private key. The loss, theft, or destruction of a private key can result in an irreversible loss.
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Transaction Fees. A fee is generally necessary to ensure that a transaction is promptly recorded on a blockchain or distributed ledger and these fees are subject to market dynamics and could increase substantially. Fees may increase substantially during periods of stress and virtual currency exchanges and custodians may charge higher fees than custodians in many other financial markets. Prospective investors should consider carefully the numerous risks described above and outlined under “Detailed Discussion of Digital Asset Risk Factors” in the Offering Memorandum before making an investment decision.