103117 ETFS Supplement Pros - RNS Submit

Supplementary prospectus dated 30 May 2008

"Bringing Exchange Traded Commodities to the World's Stock Exchanges"

ETFS Commodity Securities Limited

(Incorporated and registered in Jersey under the Companies (Jersey) Law 1991 (as amended) with registered number 90959)

Prospectus for the issue of

ETFS Short Commodity Securities and

ETFS Leveraged Commodity Securities

Supplementary prospectus

This document (the "Supplemental Prospectus"), which comprises a supplementary prospectus for the purposes of section 87G of the Financial Services and Markets Act 2000 (the "FSMA") and Article 16 of Directive 2003/71/EC, should be read in conjunction with the prospectus (the "Prospectus") of the Issuer dated 14 February 2008. Terms used in this document, unless otherwise stated bear the same meanings as in the Prospectus.

This document has been filed with the Financial Services Authority (the "FSA") and made available to the public in accordance with Rule PR 3.2 of the Prospectus Rules and Articles 14 and 16 of the Prospectus Directive. This document has been approved as a supplementary prospectus by the FSA under Section 87A of the FSMA and Articles 13 and 16 of the Prospectus Directive.

ETFS Commodity Securities Limited (the "Issuer") has established a programme under which ETFS Short and Leveraged Commodity Securities may be issued from time to time. The Issuer reserves the right to increase the number of Short and Leveraged Commodity Securities that may be issued, and to issue Short and Leveraged Commodity Securities as ETFS Short Individual Securities, ETFS Short Index Securities, ETFS Leveraged Individual Securities and ETFS Leveraged Index Securities, in any proportions.

Any prospective investor intending to acquire or acquiring any Short or Leveraged Commodity Securities from any Authorised Participant or other person (an "Offeror") should be aware that, in the context of an offer to the public as defined in section 102B of FSMA, the Issuer may be responsible to the prospective investor for the Prospectus and this Supplemental Prospectus under section 90 of FSMA, only if the Issuer has authorised that Offeror to make the offer to the prospective investor. Each prospective investor should therefore enquire whether the Offeror is so authorised by the Issuer. If the Offeror is not so authorised by the Issuer, the prospective investor should check with the Offeror whether anyone is responsible for the Prospectus and this Supplemental Prospectus for the purposes of section 90 of FSMA in the context of the offer to the public, and, if so, who that person is. If the prospective investor is in any doubt about whether it can rely on the Prospectus and this Supplemental Prospectus and/or who is responsible for its contents it should take legal advice.

A prospective investor intending to acquire or acquiring any Short or Leveraged Commodity Securities from an Offeror will do so, and offers and sales of the Short or Leveraged Commodity Securities to a prospective investor by an Offeror will be made, in accordance with any terms and other arrangements in place between such Offeror and such prospective investor including as to price, allocations and settlement arrangements. The Issuer will not be a party to any such arrangements with prospective investors (other than with Authorised Participants) in connection with the offer or sale of the Short or Leveraged Commodity Securities and, accordingly, the Prospectus and this Supplemental Prospectus do not and any Pricing Supplement will not contain such information and any prospective investor must obtain such information from the Offeror.

Any person who has agreed with the Issuer or an Offeror to buy or subscribe for Short or Leveraged Commodity Securities prior to publication of this document may, in accordance with section 87Q(4) of

FSMA, withdraw his acceptance before the end of two working days beginning with the first working date after the date of publication of this document. Accordingly any such person wishing to exercise the statutory withdrawal rights contained in section 87Q of FSMA must do so by lodging a written notice of withdrawal with the Issuer or the appropriate Offeror (as the case may be) at their registered office or principal place of business during normal business hours (or by any other means as may be agreed with the Issuer or the appropriate Offeror (as the case may be)) so as to be received no later than 3 June 2008. Notice of withdrawal which is deposited or received after such date will not constitute a valid withdrawal. Application has been made for all Short and Leveraged Commodity Securities to be admitted to listing on the Regulated Market (General Standard) (Regulierter Markt [General Standard]) of the Frankfurt Stock Exchange (Frankfurter Wertpapierb?rse), a regulated market for the purposes of Directive 2004/39/EC (the Markets in Financial Instruments Directive). Application will be made for certain of the Short and Leveraged Commodity Securities (the "Specified Italian Short and Leveraged Commodity Securities") to be admitted to listing on the ETFplus market of Borsa Italiana S.p.A., a regulated market for the purposes of Directive 2004/39/EC (the Markets in Financial Instruments Directive). The purpose of this Supplemental Prospectus is to provide information in connection with the listing of the Short and Leveraged Commodity Securities on the Regulated Market (General Standard) (Regulierter Markt [General Standard]) of the Frankfurt Stock Exchange (Frankfurter Wertpapierb?rse) and the listing of the Specified Italian Short and Leveraged Commodity Securities on the ETFplus market of Borsa Italiana S.p.A. An investment in Short and Leveraged Commodity Securities involves a significant degree of risk. In addition to the other information contained in this document, the Prospectus and the risk factors contained in the section headed "Risk Factors" in the Prospectus should be carefully considered by prospective investors before deciding whether to invest in Short and Leveraged Commodity Securities. It should be remembered that the price of securities can go down as well as up. The Short and Leveraged Commodity Securities are intended for professional or institutional investors. Short and Leveraged Commodity Securities are not intended for anyone else. The Issuer accepts responsibility for the information contained in this Supplemental Prospectus. To the best of the knowledge and belief of the Issuer (who has taken all reasonable care to ensure that such is the case) the information contained in this Supplemental Prospectus is in accordance with the facts and does not omit anything likely to affect the import of the information. The previous paragraph should be read in conjunction with the fifth paragraph on the first page of this Supplemental Prospectus.

2

TABLE OF CONTENTS

Part 1

Part 2 Part 3 Part 4 Annex 1 Annex 2

General Information Introduction Significant new information

Admission to the Frankfurt Stock Exchange (Frankfurter Wertpapierb?rse) Admission to the ETFplus market of Borsa Italiana S.p.A. Settlement and Delivery on the Frankfurt Stock Exchange

(Frankfurter Wertpapierb?rse) Supply and Inspection of Documents in Germany Settlement and Delivery on the ETFplus market of Borsa Italiana S.p.A. General Taxation Disclaimer

Global Bearer Certificates Model Form of Global Bearer Certificate Text of the Conditions of the Global Bearer Certificates

Taxation in Germany, Italy and Jersey

Other New Information Authorised Participants Documents available for Inspection Directors, Secretary and Advisers

Form of the Global Bearer Certificates

Text of the Conditions of the Global Bearer Certificates

Page 4 4 4 4 4

5 7 7 8 8 8

9 9 10

14

21 21 21 21

22

23

3

PART 1

GENERAL INFORMATION

Introduction ETFS Commodity Securities Limited (the "Issuer") was incorporated as a private limited company in Jersey on 16 August 2005 under the Companies (Jersey) Law 1991 (as amended) (the "Law") and changed status to a public company on 15 September 2006. The Issuer operates under the Law and secondary legislation made thereunder. It is registered in Jersey under number 90959. The Issuer's registered office is Ordnance House, 31 Pier Road, St Helier, Jersey, Channel Islands, JE4 8PW. All of the Issuer's issued ordinary shares are owned by ETF Securities Limited.

The Short and Leveraged Commodity Securities which have been issued at the date hereof have been listed on the Official List and admitted to trading on the Main Market of the London Stock Exchange (which is part of its regulated market for listed securities admitted to the Official List (as maintained by the FSA in accordance with section 74(1) of FSMA)). Trading takes place within the Exchange Traded Commodities segment of the London Stock Exchange.

The Issuer has requested the FSA to provide the competent authority in Germany, the Bundesanstalt f?r Finanzdienstleistungsaufsicht (the German Federal Financial Supervisory Authority), the competent authority in the Netherlands, the Autoriteit Financi?le Markten (Netherlands Authority for the Financial Markets), the competent authority in France, the Autorit? des March?s Financiers (France Authority for the Financial Markets) and the competent authority in Italy, the Commissione Nazionale per le Societ? e la Borsa (CONSOB) with certificates of approval attesting that this Supplemental Prospectus has been drawn up in accordance with Directive 2003/71/EC.

The Issuer may request the FSA to provide competent authorities in other EEA Member States with such certificates.

The FSA will remain the competent authority for the purposes of approving all prospectuses published by the Issuer under the Prospectus Directive.

This Supplemental Prospectus contains additional information in connection with the listing of the Short and Leveraged Commodity Securities on the Regulated Market (General Standard) (Regulierter Markt [General Standard]) of the Frankfurt Stock Exchange (Frankfurter Wertpapierb?rse) and the listing of the Specified Italian Short and Leveraged Commodity Securities on the ETFplus market of Borsa Italiana S.p.A.

Significant new information

Admission to the Frankfurt Stock Exchange (Frankfurter Wertpapierb?rse) The Issuer and HSBC Trinkaus & Burkhardt AG (the "Bank") of Koenigsallee 21/23, 40212 D?sseldorf, Federal Republic of Germany have filed an application for listing all of the Short and Leveraged Commodity Securities for trading on the Regulated Market (General Standard) (Regulierter Markt [General Standard]) of the Frankfurt Stock Exchange (Frankfurter Wertpapierb?rse), a regulated market ("Regulated Market") for the purposes of Directive 2004/39/EC (the Markets in Financial Instruments Directive). Public trading of the Short and Leveraged Commodity Securities on the Frankfurt Stock Exchange can occur only after the application for such admission has been approved, which is expected to occur on or after 4 June 2008. There can be no assurance that such admission will necessarily be approved.

Settlement and delivery of the Short and Leveraged Commodity Securities on the Frankfurt Stock Exchange (Frankfurter Wertpapierb?rse) will be in the form of co-ownership in a Global Bearer Certificate as described in more detail under the heading "Settlement and Delivery on the Frankfurt Stock Exchange (Frankfurter Wertpapierb?rse)" below.

Admission to the ETFplus market of Borsa Italiana S.p.A. Application will be made for the Specified Italian Short and Leveraged Commodity Securities to be admitted to listing on the ETFplus market of Borsa Italiana S.p.A., a Regulated Market. For this purpose the Specified Italian Short and Leveraged Commodity Securities are:

4

Short Individual Securities

Short Index Securities

ETFS Short Aluminium ETFS Short Copper ETFS Short Cotton ETFS Short Crude Oil ETFS Short Gold ETFS Short Natural Gas ETFS Short Platinum ETFS Short Silver ETFS Short Sugar ETFS Short Wheat ETFS Short Zinc

ETFS Short Agriculture DJ-AIGCISM ETFS Short All Commodities DJ-AIGCISM ETFS Short Grains DJ-AIGCISM ETFS Short Livestock DJ-AIGCISM

Leveraged Individual Securities

Leveraged Index Securities

ETFS Leveraged Aluminium ETFS Leveraged Copper ETFS Leveraged Cotton ETFS Leveraged Crude Oil ETFS Leveraged Gold ETFS Leveraged Natural Gas ETFS Leveraged Platinum ETFS Leveraged Silver ETFS Leveraged Sugar ETFS Leveraged Wheat ETFS Leveraged Zinc

ETFS Leveraged Agriculture DJ-AIGCISM ETFS Leveraged All Commodities DJ-AIGCISM ETFS Leveraged Grains DJ-AIGCISM ETFS Leveraged Livestock DJ-AIGCISM

Public trading of the Specified Italian Short and Leveraged Commodity Securities on Borsa Italiana S.p.A. can occur only after the application for such admission has been approved, which is expected to occur on or after 4 June 2008.

Settlement and Delivery on the Frankfurt Stock Exchange (Frankfurter Wertpapierb?rse)

For the purpose of good delivery of the Short and Leveraged Commodity Securities on the Frankfurt Stock Exchange, Clearstream Banking Aktiengesellschaft ("Clearstream") will issue, for each class and the relevant number of Short and Leveraged Commodity Securities, a Global Bearer Certificate (each a "Global Bearer Certificate") in the German language created under German law ("Collective Safe Custody"). The Global Bearer Certificates will have the following German ISIN Codes:

Type of Global Bearer Certificate

ISIN

ETFS Short Aluminium ETFS Short Cocoa ETFS Short Coffee ETFS Short Copper ETFS Short Corn ETFS Short Cotton ETFS Short Crude Oil ETFS Short Gasoline ETFS Short Gold ETFS Short Heating Oil ETFS Short Lead ETFS Short Lean Hogs ETFS Short Live Cattle ETFS Short Natural Gas ETFS Short Nickel ETFS Short Platinum ETFS Short Silver ETFS Short Soybean Oil ETFS Short Soybeans ETFS Short Sugar ETFS Short Tin ETFS Short Wheat

DE000AOV9XT2 DE000AOV9YF9 DE000AOV9XU0 DE000AOV9XV8 DE000AOV9XW6 DE000AOV9XX4 DE000AOV9XY2 DE000AOV9XZ9 DE000AOV9X09 DE000AOV9X17 DE000AOV9YC6 DE000AOV9X25 DE000AOV9X33 DE000AOV9X41 DE000AOV9X58 DE000AOV9YD4 DE000AOV9X66 DE000AOV9X74 DE000AOV9X82 DE000AOV9X90 DE000AOV9YE2 DE000AOV9YA0

5

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download