ASSESSING APPROPRIATENESS AND SUITABILITY Sample Clauses

ASSESSING APPROPRIATENESS AND SUITABILITY. 4.1 The Company when providing reception and transmission of Client Orders, execution of Client Orders, portfolio management and advisory services, complies with its obligations under Applicable Regulations to obtain information regarding the Client’s knowledge and assess suitability of the Service of Client. The Client’s knowledge, experience in the investment field relevant to the specific type of product or service, the Client’s financial circumstances, financial and investment objectives, ability to bear losses and suitability of the services or financial instrument are assessed by the Company. 4.2 The Company is entitled to reply on the information you provide with unless we are aware than such information is inaccurate or incomplete. The Company has no responsibility for the information which the Client provides, and we may assess the knowledge, experience and appropriateness on the basis of the information provided. 4.3 The Client accepts and agrees that the he/she bears the obligation to provide the Company with accurate and updated information and to immediately notify the Company if such information changes or becomes inaccurate at any time. 4.4 If the Client does not provide information required to allow the Company to assess appropriateness or if the Client provides insufficient information, the Company may be unable to determine if trading on CFDs is appropriate and therefore may decline the application to open a Trading Account with the Company.
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ASSESSING APPROPRIATENESS AND SUITABILITY. ‌ 7.1. Pursuant to the Law, when providing investment services other than investment advice or portfolio management, the Company is obliged to collect some information in order to assess the Client’s knowledge and experience in the investment field relevant to the trading of CFD products. 7.2. You hereby represent and warrant that you understand the purpose of the assessment of appropriateness and the importance of providing the Company with full and correct information for this purpose. You are warned and hereby accept, that if you provide incorrect or incomplete information regarding your knowledge and experience in the investment field, this will adversely affect Company’s ability to carry out the appropriateness assessment correctly. The lack of the Client to provide answers to the questions required by the Company will prevent the Company from assessing the client’s knowledge and experience; therefore, Sheer Markets will not be in position to determine whether CFDs is appropriate for you. 7.3. The Company shall assume that information about his knowledge, experience, ability to bear losses and risk tolerance provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes. 7.4. If you are classified as a Professional Client, the Company is entitled under the Applicable Laws and Regulations to assume that you have the necessary experience and knowledge in order to understand the risks involved in relation to the Services or Transactions or types of Transactions or CFDs, and to make your own evaluation of the merits and risks of any Transaction you enter into. This is due to the fact that Professional Clients possess the experience, knowledge and expertise to make their own investment decisions and properly assess the risks incurred. 7.5. If you are classified as a Retail Client, the Company is required by the Applicable Laws and Regulations to assess your knowledge and experience in trading in complex financial instruments such as CFDs in order to understand the risks involved and to assess whether such instruments are appropriate to you. 7.6. During the Account opening and registration stage you are required to provide to the Company information regarding your kn...
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ASSESSING APPROPRIATENESS AND SUITABILITY 
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Related to ASSESSING APPROPRIATENESS AND SUITABILITY

  • Regulatory Compliance Neither Borrower nor any of its Subsidiaries is an “investment company” or a company “controlled” by an “investment company” under the Investment Company Act of 1940, as amended. Neither Borrower nor any of its Subsidiaries is engaged as one of its important activities in extending credit for margin stock (under Regulations X, T and U of the Federal Reserve Board of Governors). Borrower and each of its Subsidiaries has complied in all material respects with the Federal Fair Labor Standards Act. Neither Borrower nor any of its Subsidiaries is a “holding company” or an “affiliate” of a “holding company” or a “subsidiary company” of a “holding company” as each term is defined and used in the Public Utility Holding Company Act of 2005. Neither Borrower nor any of its Subsidiaries has violated any laws, ordinances or rules, the violation of which could reasonably be expected to have a Material Adverse Change. Neither Borrower’s nor any of its Subsidiaries’ properties or assets has been used by Borrower or such Subsidiary or, to Borrower’s knowledge, by previous Persons, in disposing, producing, storing, treating, or transporting any hazardous substance other than in material compliance with applicable laws. Borrower and each of its Subsidiaries has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all Governmental Authorities that are necessary to continue their respective businesses as currently conducted. None of Borrower, any of its Subsidiaries, or any of Borrower’s or its Subsidiaries’ Affiliates or any of their respective agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is (i) in violation of any Anti-Terrorism Law, (ii) engaging in or conspiring to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law, or (iii) is a Blocked Person. None of Borrower, any of its Subsidiaries, or to the knowledge of Borrower and any of their Affiliates or agents, acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement, (x) conducts any business or engages in making or receiving any contribution of funds, goods or services to or for the benefit of any Blocked Person, or (y) deals in, or otherwise engages in any transaction relating to, any property or interest in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law.

  • Proposed Policies and Procedures Regarding New Online Content and Functionality By February 1, 2018, the District will submit to OCR for its review and approval proposed policies and procedures (“the Plan for New Content”) to ensure that all new, newly added, or modified online content and functionality will be accessible to people with disabilities as measured by conformance to the Benchmarks for Measuring Accessibility set forth above, except where doing so would impose a fundamental alteration or undue burden. a) When fundamental alteration or undue burden defenses apply, the Plan for New Content will require the District to provide equally effective alternative access. The Plan for New Content will require the District, in providing equally effective alternate access, to take any actions that do not result in a fundamental alteration or undue financial and administrative burdens, but nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services as their nondisabled peers. To provide equally effective alternate access, alternates are not required to produce the identical result or level of achievement for persons with and without disabilities, but must afford persons with disabilities equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs. b) The Plan for New Content must include sufficient quality assurance procedures, backed by adequate personnel and financial resources, for full implementation. This provision also applies to the District’s online content and functionality developed by, maintained by, or offered through a third-party vendor, or by using open sources. c) Within thirty (30) calendar days of receiving OCR’s approval of the Plan for New Content, the District will officially adopt, and fully implement the amended policies and procedures.

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