Common use of ASSESSMENT OF SUITABILITY Clause in Contracts

ASSESSMENT OF SUITABILITY. 8.2.1 When a Client elects to be provided with the investment services of investment advice or portfolio management, the Company will collect additional information, through the Suitability Test, regarding the Client’s knowledge and experience in the investment field relevant to the specific type of product or service, the Client’s financial situation including his/her ability to bear losses, and his/her investment objectives including his/her risk tolerance so as to enable the Company to recommend to the Client the investment services and financial instruments that are suitable for him/her and, in particular, that are in accordance with his/her risk tolerance and ability to bear losses. 8.2.2 When assessing whether the service is suitable for the Client, the Company shall be entitled to rely on the information provided by the Client unless the Company is aware that the information is manifestly out of date, inaccurate or incomplete. Even if the suitability assessment is the responsibility of the Company, the Client is required to provide all the information requested in the Suitability Test. Information provided should be up-to-date, accurate and complete. 8.2.3 The Client is required to update the information originally provided where significant changes occur. In particular, the Client shall notify the Company of any changes in his/her investment objectives or any restrictions on the scope of the services to be provided. Such notification must be submitted by the Client in the form of a revised Suitability Test which will set out the changes in the Client’s 8.2.4 The requirements for collecting information and assessing suitability apply to all types of Clients irrespective of their categorization. However, in respect to Clients that are categorized by the Company as Professional or Elective Professionals, the Company is entitled to assume that they have sufficient knowledge and experience, as already mentioned under paragraph 8.1.4 above. Additionally, in the event where an Elective Professional will be provided with the investment service of Investment Advice, the Company may not collect information about the Client’s financial situation. 8.2.5 If you elect not to provide the Company with the requested information or if you provide us with insufficient information, the Company will decline your application to open a Trading Account, for the provision of services as defined under paragraph 19 of this Agreement.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

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ASSESSMENT OF SUITABILITY. 8.2.1 When a Client elects to be provided with 5.1. In providing the investment services service of investment advice or portfolio management, the Company will collect additional information, through the Suitability Test, is obliged under Applicable Regulations to seek information from a Client or potential Client regarding the Client’s his knowledge and experience in the investment field relevant to the specific type of product service or service, the Client’s Financial Instrument offered or demanded as well as his financial situation including his/her his ability to bear losses, losses and his/her his investment objectives including his/her his risk tolerance tolerance, so as to enable the Company to recommend to assess whether the service or Financial Instrument is appropriate for the Client the investment services and financial instruments that are suitable for him/her and, in particular, that are in accordance with his/her his risk tolerance and ability to bear losses. 8.2.2 When assessing . Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is suitable appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client, Client to the Company is accurate and complete and the Company shall be entitled have no responsibility to rely on the information provided by 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 Company is aware that the information is manifestly out of date, inaccurate or incomplete. Even if the suitability assessment is the responsibility of the Company, the Client is required to provide all the information requested in the Suitability Test. Information provided should be up-to-date, accurate and complete. 8.2.3 The Client is required to update the information originally provided where significant changes occur. In particular, the Client shall notify has informed the Company of any changes in his/her investment objectives or any restrictions on such changes. 5.2. In providing the scope Services of the services to be provided. Such notification must be submitted by the Reception and Transmission and Execution of Client in the form of a revised Suitability Test which will set out the changes in the Client’s 8.2.4 The requirements for collecting information and assessing suitability apply to all types of Clients irrespective of their categorization. However, in respect to Clients that are categorized by the Company as Professional or Elective ProfessionalsOrders, the Company is entitled obliged under Applicable Regulations to assume seek information from a Client or potential Client regarding his knowledge and experience in the investment field relevant to the specific type of service or Financial Instrument offered or demanded as well as his financial situation including his ability to bear losses and his investment objectives including his risk tolerance, so as to enable the Company to assess whether the service or Financial Instrument is appropriate for the Client and in particular, that they have sufficient are in accordance with his risk tolerance and ability to bear losses. Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, as already mentioned under paragraph 8.1.4 above. Additionally, in the event or where an Elective Professional will be provided with the investment service of Investment Advice, the Company may not collect he provides insufficient information about the Client’s financial situation. 8.2.5 If you elect not to provide the Company with the requested information or if you provide us with insufficient informationregarding his knowledge and experience, the Company will decline your application not be able to open a Trading Accountdetermine whether the service or Financial Instrument is appropriate for him. The Company is entitled, for at its sole discretion, to request additional information regarding the provision Client and/or to request an update of services as defined the data notified by the Client, whenever it deems necessary. The Company shall assume that information about his knowledge and experience 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 paragraph 19 Applicable Regulations, unless the Client has informed the Company of this Agreementsuch changes.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

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