DRAFT PARTICIPATION FRAMEWORK
A framework for review.
Not an investment offer.
The existing draft describes matters a future program must address. It is not approved for accepting funds, contracting online or promising a return.
Important Legal and Regulatory Notice
This Agreement sets out the proposed contractual framework for the HKKO Gold Monetization Program. It must only be used with a Program structure reviewed and approved by HKKO Gold's legal and regulatory advisers.
Nothing in this Agreement represents that the Program is approved, licensed, authorized, endorsed, or guaranteed by the Securities and Exchange Commission of Ghana, the Bank of Ghana, the Government of Ghana, or another authority unless that approval or guarantee has actually been granted. HKKO Gold shall not accept or solicit investments where required permissions have not been obtained.
This Agreement must be reviewed by qualified Ghanaian legal and securities counsel before it is used to accept investment funds from the public.
1. Parties
This Agreement is between HKKO Investment Limited, a company incorporated under the laws of the Republic of Ghana and operating as HKKO Gold, and the individual, company, institution, or other legally eligible person accepted by HKKO Gold as the Investor. Each may be called a Party and together the Parties.
2. Purpose of the Agreement
Subject to applicable law, regulatory requirements, and the approved Program structure, the Investor provides capital for HKKO Gold's lawful gold-related commercial activities, including purchasing, aggregation, trading, processing, refining, supply transactions, inventory financing, working capital, export, and related lawful activities.
3. Nature of the Investment
Participation is a contractual financial arrangement. Unless a separate binding instrument states otherwise, the Investor does not acquire shares, ownership, directorship, employment, partnership, voting rights, or day-to-day control in HKKO Investment Limited. Rights are limited to those expressly granted here and in the Investment Participation Schedule.
4. Program Participation
Participation requires completion of the Investor application, KYC verification, AML and sanctions screening, source-of-funds verification, acceptance by HKKO Gold, acceptance of required documents and independently verified settlement through an approved lawful payment arrangement. HKKO GOLD Pay is not active online. HKKO Gold may decline applications where eligibility, compliance, legal, or regulatory requirements are not met.
5. Minimum Investment
Any future minimum investment must be stated in a legally reviewed and commercially approved Schedule. This draft establishes no current minimum or active investment offer.
6. Investment Participation Schedule
Each accepted Investor receives a Schedule forming part of this Agreement. It records the Investor, amount, currency, dates, term, return or distribution, payment frequency, repayment, early withdrawal, reinvestment, fees, taxes, settlement arrangements, and special conditions. It must not conflict with applicable law.
7. Investment Term
Any future approved Schedule must state the term, commencement date and maturity date. This draft establishes no current standard term. No automatic renewal is offered.
8. Investment Return
Any return, distribution, profit participation, interest, or other benefit is stated in the Schedule. It must not be represented as government, SEC, or Bank of Ghana guaranteed, risk-free, or guaranteed by physical gold unless legally accurate and supported by an actual legal guarantee.
9. Investment Funds
No investment funding is accepted through this website. A future program would require approved lawful payment channels, compliance checks and verified allocation to an authoritative investment account. Investors must not transfer Program funds to personal accounts of employees, agents, brokers, or representatives.
10. Source of Funds
The Investor represents that funds are lawfully owned or controlled, derived from lawful sources, not connected to criminal activity, money laundering, terrorist financing, or undisclosed third-party claims, and may lawfully be invested. HKKO Gold may request source-of-funds and source-of-wealth evidence.
11. Use of Investment Capital
Program capital may be combined with HKKO Gold working capital, other Investor capital, commercial revenues, and other lawful business funds. Unless separately agreed, the Investor has no direct ownership of a specific gold bar, parcel, shipment, refinery batch, or transaction.
12. Management of Investment Capital
HKKO Gold determines how Program capital is deployed within approved lawful activities, subject to this Agreement and applicable law, and maintains appropriate Program accounting and transaction records.
13. Principal
Subject to the Schedule, any future principal settlement obligation and lawful payment method must be stated in the executed, approved Schedule. No maturity payment service is active online.
14. Payment of Returns
Any future periodic distribution must be governed by an approved Schedule, lawful payment procedure, KYC/AML requirements and verified settlement. No distribution service or approved return is active online.
15. Early Withdrawal
There is no unconditional right to withdraw principal before maturity unless the Schedule provides otherwise. Permitted early withdrawal may require notice, fees, return adjustments, liquidity availability, compliance checks, and satisfaction of legal requirements.
16. Reinvestment
At maturity, the Investor may withdraw principal, reinvest principal, reinvest principal and an eligible return, or select another HKKO Gold option. Reinvestment is a new arrangement subject to then-current terms.
17. No Automatic Renewal
No investment automatically renews. A new term requires the Investor's affirmative instruction, subject to applicable law.
18. Investment Risks
Participation involves commercial and financial risks, including gold-price volatility, counterparty, liquidity, operational, refining, banking, currency, regulatory, trade, transportation, market, credit, fraud, cybersecurity, business interruption, force majeure, and other business risks. The Investor confirms review of the HKKO Gold Risk Disclosure.
19. No Guarantee of Gold Price
HKKO Gold does not guarantee that gold prices will increase. Prices can rise or fall, and past performance does not guarantee future performance.
20. Business Risk
HKKO Gold's performance may be affected by market conditions, supply, demand, refinery operations, counterparties, banking, policies, regulation, trade restrictions, currency, and unexpected expenses.
21. No Government or Regulatory Guarantee
Unless expressly stated by the relevant authority, the Program is not a government-guaranteed investment, bank deposit, insured deposit, insurance product, Government of Ghana investment, or SEC-guaranteed investment.
22. Regulatory Compliance
HKKO Gold operates the Program only as permitted by Ghanaian law. Where licensing, registration, authorization, approval, a fund manager, trustee, custodian, securities registration, offering document, or another requirement applies, it must be addressed before launch or acceptance of investments.
23. Investor Representations and Warranties
The Investor confirms information is accurate; they have capacity and authority; funds are lawful; they understand risks, the term, and withdrawal provisions; they may obtain independent advice; they do not rely on unauthorized representations; and they will meet KYC, AML, and compliance obligations.
24. HKKO Gold Representations
Subject to law, HKKO Gold represents that it is duly incorporated, will conduct activities lawfully, maintain appropriate records and KYC/AML procedures, communicate material information, and perform contractual obligations. It does not warrant a particular future financial result.
25. KYC, AML and Sanctions
The Investor agrees to applicable KYC, AML, counter-terrorist-financing, and sanctions requirements. HKKO Gold may conduct identity, beneficial ownership, source-of-funds and wealth, sanctions, PEP, monitoring, enhanced due diligence, and other lawful checks; it may suspend or reject transactions where required.
26. HKKO GOLD Pay
HKKO GOLD Pay is a proposed arrangement. Investment deposits, returns, principal repayments, withdrawals, refunds and reinvestment are unavailable online. A future service requires separately approved terms, provider arrangements, limits, verification and financial controls.
27. Taxes
The Investor is responsible for understanding applicable tax obligations. HKKO Gold may deduct or withhold tax where legally required. The Investor should obtain independent tax advice.
28. Data Protection and Confidentiality
HKKO Gold processes information under applicable data-protection laws and its Privacy Policy. Information may be disclosed where legally required or needed by regulators, authorities, law enforcement, banks, providers, auditors, or professional advisers.
29. Investor Reporting
Subject to law and the final Program structure, HKKO Gold may provide information on balances, principal, payments, returns, maturity, transaction history, and other material participation information.
30. Records and Audit
HKKO Gold maintains appropriate financial, contractual, and transaction records. Audit or independent review arrangements are implemented where required.
31. Events of Default
Default may include unremedied payment failure, insolvency, liquidation, unremedied material breach, legal prohibition from performing obligations, or another expressly defined default event. Consequences are determined under this Agreement and Ghanaian law.
32. Investor Default
Investor default may include materially false information, unlawful funds, circumvention of controls, fraud, material breach, or unlawful use. HKKO Gold may take lawful contractual or legal action.
33. Force Majeure
Neither Party is liable for delay or failure beyond reasonable control, including civil unrest, disaster, government action, regulatory restrictions, banking failure, cybersecurity incidents, telecommunications failure, epidemics, pandemics, or transportation disruption.
34. Transfer and Assignment
The Investor may not transfer, assign, pledge, or dispose of rights without HKKO Gold's prior written consent unless the Program expressly permits it. A permitted transfer remains subject to compliance requirements.
35. No Partnership or Agency
This Agreement does not create a partnership, joint venture, employment, agency, or fiduciary relationship except as required by law. The Investor cannot bind HKKO Gold.
36. Notices
Official notices are sent using onboarding contact details. The Investor must promptly update address, telephone, email, banking, identification, and other material account information.
37. Dispute Resolution
The Parties first attempt good-faith negotiation, then may use mediation or arbitration where agreed and lawful. Either Party may seek urgent protective relief from a competent court.
38. Governing Law
This Agreement is governed by the laws of the Republic of Ghana. Subject to a valid arbitration agreement, Ghana courts have jurisdiction over related disputes.
39. Entire Agreement
This Agreement is read with the Schedule, Risk Disclosure, HKKO GOLD Pay Terms and Conditions, AML/KYC Policy, Privacy Policy, Fee Schedule, Payment and Settlement Policy, and incorporated documents.
40. Order of Precedence
In case of conflict, mandatory law and regulation prevail, followed by the executed Schedule, this Agreement, Risk Disclosure, HKKO GOLD Pay Terms and Conditions, and other Program policies.
41. Amendments
Material changes to existing rights or obligations require compliance with this Agreement and applicable law. General website updates do not automatically alter executed contractual terms where legally impermissible.
42. Severability
If a provision is invalid or unenforceable, the remaining provisions remain effective to the fullest extent permitted by law. The provision may be modified where legally possible to achieve its lawful purpose.
43. Electronic Acceptance
A future electronic-acceptance workflow would require legal approval, explicit informed consent and an authoritative acceptance record. This page cannot accept an agreement, collect a signature or authorize an investment.
44. Investor Acknowledgement
In a future approved execution process, an Investor acknowledgment would need to confirm they have read and understood this Agreement and the Risk Disclosure; understand the risks, term, maturity, early withdrawal, Schedule terms, HKKO GOLD Pay channel, lawful-source-of-funds requirement, and non-guaranteed nature of participation; and have had an opportunity to seek independent legal, financial, and tax advice.
45. Investment Participation Schedule
Investor Information
Full Legal Name:
Investor Type: Individual / Company / Institution / Other
Nationality / Country of Incorporation:
Identification / Registration Number:
Residential / Registered Address:
Investment Terms
Investment Amount:
Currency:
Commencement Date:
Maturity Date:
Investment Term:
Applicable Return / Distribution:
Payment Frequency:
Principal Repayment Date:
Early Withdrawal Terms:
Applicable Fees:
Special Conditions:
Payment and Settlement
Proposed Payment Account Reference:
Investor Name (verification not performed here):
Settlement Currency:
No Program-related payment is processed by this website. Any future payment channel must be lawful, separately approved and independently verified.
46. Execution
For HKKO Investment Limited / HKKO Gold
Investor
Witness
