Common use of Client Categorisation Clause in Contracts

Client Categorisation. 4.1 For the purposes of the FCA rules and based on the information available to Us, We have classed You as either a “Professional Client” or an “Eligible Counterparty” and will have notified You of this in a separate notice (“Client Classification Notice”). You agree and acknowledge that You are responsible for keeping Us informed about any change in Your circumstances that could affect Your categorisation as a professional client. 4.2 You are entitled to request a different client classification as per the FCA rules. However, please note that We are not permitted to deal with Retail Counterparties. Until such a request is received, We shall deal with You on the basis of Our original classification as set out in the Client Classification Notice. 4.3 There are certain client protections that apply to Professional Clients but not to Eligible Counterparties. Therefore, if You request and We agree to Your classification as an Eligible Counterparty, You will lose certain client protections that apply to Professional Clients, including protections resulting from the requirements in relation to: (a) the requirement for Us to act in accordance with Your best interests; (b) the requirement to ensure that information We provide is fair, clear and not misleading; (c) the obligation to assess the appropriateness of certain services or products proposed to You or requested by You; (d) the requirement on Us to take all sufficient steps to obtain the best possible result in executing client orders; (e) understanding the Services We offer or recommend, assessing their compatibility with the needs of clients to whom We provide investment services, and taking into account the identified target market of end clients, and ensuring that Services are offered or recommended only where this is in the interest of the client; (f) the restriction on and disclosure of the giving and receipt of inducements; (g) the requirement that, if We offer You any investment service together with another service or product as part of a package or as a condition for the same agreement or package, We must inform You whether it is possible to buy the different components separately.4

Appears in 2 contracts

Samples: Terms of Business, Terms of Business

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Client Categorisation. 4.1 For Unless you receive confirmation in writing to the contrary, in all our dealings on investment matters you will be treated as a Retail Client. On insurance matters you will be treated as a Commercial Customer or a Consumer, depending on whether you are acting for business purposes or not. Our normal ways of communicating with you are by telephone, video calling, post, e-mail, SMS text message, our client portal or in person. Our communications will be in English. We may ask you to confirm your instructions to us in writing as this helps to avoid any future misunderstandings. Before providing advice, we will assess your needs, consider your financial objectives, and assess your attitude to any risks that may be involved. If you do not want to discuss a particular area of financial planning and that area should not form part of the FCA rules advice given, we can exclude it, if you instruct us to do so. This might of course have a bearing on the advice that might have been given. Before making any recommendations, we will carry out a suitability assessment so that we are able to act in your best interests. We will confirm any recommendations we make in writing (our suitability report) along with details of any special risks that may be associated with the products or investment strategies we have recommended. Where we agree to provide you with a service that includes an ongoing review of the suitability of the investments we have recommended, we will carry out this review at least annually. To do this we will need to contact you to assess whether the information we hold about you remains accurate and up to date. We will issue you with a report setting out the results of our assessment and, if relevant, any updated recommendations. Please be aware that investments can fall, as well as rise, and that you may not get back the full amount invested. The price of investments we may recommend may depend on fluctuations in the financial markets, or other economic factors, which are outside our control. Past performance is not necessarily a guide to future performance. Specific warnings relevant to the investments, investment strategies or other products we arrange are provided in the relevant product literature provided. We may, where appropriate, recommend holding some, or all, of your investments with a discretionary fund manager (DFM), a professional investment manager appointed to monitor your portfolio and make investment decisions on your behalf. In such cases we will explain the respective responsibilities of ourselves and the DFM in relation to your investments. We may occasionally recommend investments that are not readily realisable. We will only do this where appropriate but, if we do, we will draw your attention to the risks associated with the investments in our suitability report. There is a restricted market for such investments and in some circumstances, it may not be possible to deal in the investment or obtain reliable information about its value. Our advice will be based on the information available that you give so it is important that you provide us with accurate and up to Usdate information when we request details about your circumstances and objectives. This will allow us to provide you with suitable advice. If the information you provide is inaccurate or if you limit the information provided this could affect the suitability of the advice we give. We are entitled to rely on the information provided by you unless we are aware that the information is manifestly out of date, We have classed You as either inaccurate or incomplete. Where you ask us to effect a “Professional Client” or an “Eligible Counterparty” and will have notified You of this in a separate notice (“Client Classification Notice”). You agree and acknowledge transaction without receiving financial advice from us, it is important for you to understand that You you are responsible for keeping Us informed about any change deciding whether the policy chosen meets your demands and needs. We may need to seek information from you to establish whether you have the necessary knowledge and experience to understand the risks involved in Your circumstances that could affect Your categorisation as a professional client. 4.2 You are entitled to request a different client classification as per the FCA rulesparticular transaction. HoweverFor the avoidance of doubt, please note be aware that We are when you become a client of our firm, we do not permitted accept any responsibility for advice previously given to deal with Retail Counterpartiesyou by other firms. Until such a request Nor is received, We shall deal with You on the basis of Our original classification as set out in the Client Classification Notice. 4.3 There are certain client protections that apply to Professional Clients but not to Eligible Counterparties. Therefore, if You request and We agree to Your classification as an Eligible Counterparty, You will lose certain client protections that apply to Professional Clients, including protections resulting from the requirements in relation to: (a) the requirement for Us to act in accordance with Your best interests; (b) the requirement to ensure that information We provide is fair, clear and not misleading; (c) the obligation to assess the appropriateness of certain services or products proposed to You or requested by You; (d) the requirement on Us to take all sufficient steps to obtain the best possible result in executing client orders; (e) understanding the Services We offer or recommend, assessing their compatibility with the needs of clients to whom We provide investment services, and taking into account the identified target market of end clients, and ensuring that Services are offered or recommended only where this is in the interest of the client; (f) the restriction on and disclosure of the giving and receipt of inducements; (g) the requirement that, if We offer You any investment service together with another service or product as it part of a package or as a condition for our brief to review the same agreement or packagesuitability of advice previously given to you, We must inform You whether it is possible unless we have specifically agreed to buy the different components separately.4do so.

Appears in 2 contracts

Samples: Client Service Agreement, Client Service Agreement

Client Categorisation. 4.1 For 6.1. Weshall treat youasa Retail Client for the purposes of the FCA rules CySEC Rules andthe Applicable Regulations.. By categorising its Clients as Retail Clients the Company provides the highest possible level of protection compared toa Professional Client or Eligible Counterparties. 6.2. Clients who have been categorised as Retail Clients by the Company may request from the Company in writing to be treated either as Professional Clients or Eligible Counterparties (and based hence may lose certain protection and investor compensation rights), either generally or in respect of a particular investment service or transaction, or type of transaction or product. The Company reserves the right and at its discretion, may decide not to take into consideration such treatment and consequently decline any requests for different classification. However, if you request a different categorization and the Company agrees to such categorization, you accept that the level of protection that is afforded by CySEC Regulations and other Applicable Regulations may differ. 6.3. The Company cannot enter into title transfer financial collateral arrangements with Retail Clients. Remuneration practices which could provide an incentive to the Company’s staff to recommend a particular financial instrument to a Retail Client when the Company could offer a different financial instrument which would better meet that Client’s needs are also prohibited. In the case of Professional Clients and Eligible Counterparties, the Company may agree to provide more limited information as provided by Applicable Regulations. 6.4. It is understood that we have the right to review the Client’s Categorization andchangeyour Categorization if this is deemed necessary (subject to Applicable Regulations). Youaccept that when categorizing you and dealing with you, the Company will rely on the accuracy, completeness and correctness of the information available to Us, We have classed You as either a “Professional Client” or an “Eligible Counterparty” provided by you in your Account Opening Application Form and will have notified You of this in a separate notice (“Client Classification Notice”)the Financial Suitability Questionnaire. You agree and acknowledge that You have the responsibility to immediately notify us in writing if such information changes at any time thereafter. 6.5. Clients are responsible for keeping Us the Company informed about any if there is a change in Your their personal circumstances that could affect Your their categorisation as a professional clientsuch. 4.2 You are entitled to request a different client classification as per 6.6. Clients acknowledge and accept that they have read and accepted the FCA rules. However, please note that We are not permitted to deal with Retail Counterparties. Until such a request Company’s “Client Categorisation Policy” which was provided during the registration process and is received, We shall deal with You publicly available on the basis of Our original classification as set out Legal Documentation section in the Client Classification NoticeCompany’s Main Website as amended from time to time. 4.3 There are certain client protections that apply to Professional Clients but not to Eligible Counterparties. Therefore, if You request and We agree to Your classification as an Eligible Counterparty, You will lose certain client protections that apply to Professional Clients, including protections resulting from the requirements in relation to: (a) the requirement for Us to act in accordance with Your best interests; (b) the requirement to ensure that information We provide is fair, clear and not misleading; (c) the obligation to assess the appropriateness of certain services or products proposed to You or requested by You; (d) the requirement on Us to take all sufficient steps to obtain the best possible result in executing client orders; (e) understanding the Services We offer or recommend, assessing their compatibility with the needs of clients to whom We provide investment services, and taking into account the identified target market of end clients, and ensuring that Services are offered or recommended only where this is in the interest of the client; (f) the restriction on and disclosure of the giving and receipt of inducements; (g) the requirement that, if We offer You any investment service together with another service or product as part of a package or as a condition for the same agreement or package, We must inform You whether it is possible to buy the different components separately.4

Appears in 1 contract

Samples: Trading Terms and Conditions

Client Categorisation. 4.1 For Unless you receive confirmation in writing to the purposes contrary, in all our dealings on investment matters you will be treated as a Retail Client. This means that you are afforded the highest level of protection under the FCA rules regulatory system and based on should have the information available right to Us, We have classed You as either a “Professional Client” or an “Eligible Counterparty” and will have notified You of this in a separate notice take any complaint to the Financial Ombudsman Service (“Client Classification Notice”FOS). You agree and acknowledge that You are responsible for keeping Us informed about any change in Your circumstances that could affect Your categorisation Where we have categorised you other than as a professional ‘retail client. 4.2 You are entitled to ’, you may request re-categorisation under a different client classification as per the FCA rulescategory which benefits from a higher degree of protection. However, please note we reserve the right to agree to such a re-categorisation on a case-by-case basis, and where we agree to do so it does not necessarily mean that you will have a right of access to the Financial Ombudsman Service. T: +00 (0)0000 000000 F: +00 (0)0000 000000 E: xxxx@xxxxxxxxxxxxx.xxx W: xxxxx://xxxxxxxxxxxxx.xxx Further information in respect of the Financial Ombudsman Service is available on their website at xxxx://xxx.xxxxxxxxx-xxxxxxxxx.xxx.xx/ We are not permitted committed to deal providing you with Retail Counterpartiesa service that meets with your individual needs. Until such To enable us to achieve this objective it is important that you are open and xxxxx with us and provide us with all the necessary information that we will need to deliver a request is receivedservice that reflects your needs, We shall deal e.g., any existing mortgages or loans you may have. This will enable us to identify products and services that best meet with You on your personal circumstances. It will also help us to identify any specific needs regarding the basis methods by which we deliver our services to you. This may include additional ways of Our original classification communication to those that we usually use as set out in the Client Classification Notice. 4.3 There next section entitled “means of communication”. Further information on how we collect and use your personal data is set out in the separate Data Privacy Notice that we have issued to you. We will enter into communication with you through whatever means are certain client protections convenient to you including face- to-face, telephone, paper, e-mail, and other acceptable electronic communication methods. This information will be provided free of charge. For any of our clients who are visually impaired, on request we will provide this information in a larger print format. Our communications will ordinarily be in English, both in respect of oral and written communications. You may at any time choose to request information in paper and free of charge, that apply has previously been provided to Professional Clients but not you by means other than paper. For example, where a communication was originally sent to Eligible Counterpartiesyou via email. ThereforeYou may at any time choose to change your preferences as to how we communicate with you. However, if You request and where you choose to do this, we will require you to confirm this change in writing to us. We agree are required by our regulators (the FCA) to Your classification as an Eligible Counterparty, You will lose certain client protections that apply to Professional Clients, including protections resulting from the requirements keep records of any telephone conversations or other electronic communications with our clients in relation to: to the arranging of transactions in investments that are categorised as financial instruments. The term ‘electronic communication’ covers many categories of communications and includes (aamongst others) video conferencing, fax, email, Bloomberg mail, SMS, business to business devices, chat, instant messaging, and mobile device applications. A copy of our call recording policy is available upon request. Following the requirement for Us issue of this document, any subsequent advice or recommendation offered to act in accordance with Your best interests; (b) the requirement to ensure that information We provide is fairyou will be based on your stated investment objectives, clear and not misleading; (c) the obligation to assess the appropriateness agreed level of certain services or products proposed to You or requested by You; (d) the requirement on Us risk you are prepared/able to take all sufficient steps and any restrictions you wish to obtain place on the best possible result type of investments or policies you are willing to consider. Details of your stated investment objectives will be identified during our discussions with you and confirmed within the suitability report that we will issue to confirm our recommendation(s). Unless confirmed in executing client orders; (ewriting, to the contrary, we will assume that you do not wish to place any restrictions on the advice we give you. You are advised that because investments can fall as well as rise, you may not get back the full amount invested. Past performance is not necessarily a guide to future performance. The method of paying for our services will depend on the type / level of service(s) understanding provided. We will discuss your payment options with you and answer any questions you may have. We will agree the basis, frequency and method of any charges with you in writing before we carry out any work that you will be charged for. Examples of the costs of our services are included within the ‘Services and Costs Disclosure Document’. We offer or recommend, assessing their compatibility with the needs of clients will not charge you anything until you have agreed on how much we are to whom be paid. We provide investment will inform you if you have to pay VAT. For advised services, you will be charged an ‘adviser charge’. The actual amount will depend on the service(s) provided to you and taking into account the identified target market amount will be agreed with you before we carry out any work that we will charge you for. Our financial planning report that we will issue to you, will contain details of end clients, how much you will be charged and ensuring that Services are offered or recommended only where this how payment is in the interest of the client; (f) the restriction on and disclosure of the giving and receipt of inducements; (g) the requirement that, if We offer You any investment service together with another service or product as part of a package or as a condition for the same agreement or package, We must inform You whether it is possible to buy the different components separately.4be made.

Appears in 1 contract

Samples: Client Agreement

Client Categorisation. 4.1 For 8.1 Your classification in all our dealings with you will be a Retail Client, as stipulated in the purposes covering letter, or electronic mail (as applicable), that accompanies these ToB. 8.2 Your classification as a Retail Client relates to the level of regulatory protections you are afforded when conducting business with us and is assessed upon the FCA rules size of your business and based on the information available level of financial sophistication and trading experience that you have. You have the right to Us, We have classed You request a different client categorisation. If you request categorisation as either a Professional Client” or , fulfil the requirements set out in the Applicable Regulations and we agree to such categorisation, these ToB would not apply to the business MUFG conducts with you and we would no longer be required by regulatory rules to provide certain protections granted to Retail Clients. 8.3 MUFG can only treat you as a Professional Client if certain criteria are met and certain procedures followed. We must carry out an “Eligible Counterparty” adequate assessment of your expertise, experience and will have notified You knowledge to satisfy ourselves that you are capable of this in a separate notice (“Client Classification Notice”)making investment decisions and understanding the risks involved. You agree and acknowledge that You you are responsible for keeping Us us informed about any change in Your circumstances that could affect Your your categorisation as a professional clientRetail Client. 4.2 8.4 MUFG may require reasonable verification of your, or your employees’, officers’ or associates’, identity, which you agree to provide. MUFG may also request or obtain (including but not limited to) additional information in relation to the ownership structure, credit standing and business conduct of you and those connected with you. If MUFG is not satisfied with the information provided, MUFG may request additional information. MUFG has no obligation to provide the Investment Services contemplated by these ToB and may not provide any such services until verification procedures have been completed to the satisfaction of MUFG. MUFG may in any event rely on any information provided by you and will not be required to verify the correctness of such information. 8.5 You are entitled may, at any time, request MUFG in writing to change your client categorisation. Such a request a different client classification as per must relate to the FCA rulesentire relationship with us. However, please note that We are not permitted to deal with Retail Counterparties. Until MUFG can reject the request if deemed inappropriate or if accepting such a request is receivednot permitted by any applicable law. 8.6 You undertake to forthwith report any changes that lead to a change in your client categorisation, We shall deal with You on the basis of Our original classification as set out it is described in the covering letter, or electronic mail (as applicable) and Client Classification NoticeCategorization Details document attached thereto, to MUFG in writing. 4.3 There are certain client protections that apply to Professional Clients but not to Eligible Counterparties. Therefore, if You request and We agree to Your classification as an Eligible Counterparty, You will lose certain client protections that apply to Professional Clients, including protections resulting from 8.7 Categorisation for the purposes of compliance with the requirements in relation to: (a) the requirement for Us to act in accordance with Your best interests; (b) the requirement to ensure that information We provide is fair, clear and not misleading; (c) the obligation to assess the appropriateness of certain services or products proposed to You or requested by You; (d) the requirement on Us to take all sufficient steps to obtain the best possible result in executing client orders; (e) understanding the Services We offer or recommend, assessing their compatibility with the needs of clients to whom We provide investment services, and taking into account the identified target market of end clients, and ensuring that Services are offered or recommended only where this is in the interest of the client; European Markets Infrastructure Regulation (fEMIR) the restriction on and disclosure of the giving and receipt of inducements; (g) the requirement that, if We offer You any investment service together with another service or product as part of a package or as a condition for the same agreement or package, We must inform You whether it is possible to buy the different components separately.4addressed in Schedule 3.

Appears in 1 contract

Samples: Terms of Business

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Client Categorisation. 4.1 For Unless you receive confirmation in writing to the purposes of the FCA rules and based contrary, in all our dealings on the information available to Us, We have classed You investment matters you will be treated as either a Professional Client” or an “Eligible Counterparty” . This means that you may not be afforded the highest protection and will have notified You may not be eligible to take all of this in a separate notice your complaints to the Financial Ombudsman Service (“Client Classification Notice”FOS). You agree and acknowledge that You are responsible for keeping Us informed about any change in Your circumstances that could affect Your categorisation Where we have categorised you as a professional client. 4.2 You are entitled to , you may request re-categorisation under a different client classification as per the FCA rulescategory which benefits from a higher degree of protection. However, please note we reserve the right to agree to such a re-categorisation on a case-by-case basis and where we agree to do so, it does not necessarily mean that you will have a right a right of access to the Financial Ombudsman Service. T: +00 (0)0000 000000 F: +00 (0)0000 000000 E: xxxx@xxxxxxxxxxxxx.xxx W: xxxxx://xxxxxxxxxxxxx.xxx Further information in respect of the Financial Ombudsman Service is available on their website at xxxx://xxx.xxxxxxxxx-xxxxxxxxx.xxx.xx/ We are not permitted committed to deal providing you with Retail Counterpartiesa service that meets with your individual needs. Until such To enable us to achieve this objective it is important that you are open and xxxxx with us and provide us with all the necessary information that we will need to deliver a request is receivedservice that reflects your needs, We shall deal e.g., any existing mortgages or loans you may have. This will enable us to identify products and services that best meet with You on your personal circumstances. It will also help us to identify any specific needs regarding the basis methods by which we deliver our services to you. This may include additional ways of Our original classification communication to those that we usually use as set out in the Client Classification Notice. 4.3 There next section entitled “means of communication”. Further information on how we collect and use your personal data is set out in the separate Data Privacy Notice that we have issued to you. We will enter into communication with you through whatever means are certain client protections convenient to you including face- to-face, telephone, paper, e-mail, and other acceptable electronic communication methods. This information will be provided free of charge. For any of our clients who are visually impaired, on request we will provide this information in a larger print format. Our communications will ordinarily be in English, both in respect of oral and written communications. You may at any time choose to request information in paper and free of charge, that apply has previously been provided to Professional Clients but not you by means other than paper. For example, where a communication was originally sent to Eligible Counterpartiesyou via email. ThereforeYou may at any time choose to change your preferences as to how we communicate with you. However, if You request and where you choose to do this, we will require you to confirm this change in writing to us. We agree are required by our regulators (the FCA) to Your classification as an Eligible Counterparty, You will lose certain client protections that apply to Professional Clients, including protections resulting from the requirements keep records of any telephone conversations or other electronic communications with our clients in relation to: to the arranging of transactions in investments that are categorised as financial instruments. The term ‘electronic communication’ covers many categories of communications and includes (aamongst others) video conferencing, fax, email, Bloomberg mail, SMS, business to business devices, chat, instant messaging, and mobile device applications. A copy of our call recording policy is available upon request. Following the requirement for Us issue of this document, any subsequent advice or recommendation offered to act in accordance with Your best interests; (b) the requirement to ensure that information We provide is fairyou will be based on your stated investment objectives, clear and not misleading; (c) the obligation to assess the appropriateness agreed level of certain services or products proposed to You or requested by You; (d) the requirement on Us risk you are prepared/able to take all sufficient steps and any restrictions you wish to obtain place on the best possible result type of investments or policies you are willing to consider. Details of your stated investment objectives will be identified during our discussions with you and confirmed within the suitability report that we will issue to confirm our recommendation(s). Unless confirmed in executing client orders; (ewriting, to the contrary, we will assume that you do not wish to place any restrictions on the advice we give you. You are advised that because investments can fall as well as rise, you may not get back the full amount invested. Past performance is not necessarily a guide to future performance. The method of paying for our services will depend on the type / level of service(s) understanding provided. We will discuss your payment options with you and answer any questions you may have. We will agree the basis, frequency and method of any charges with you in writing before we carry out any work that you will be charged for. Examples of the costs of our services are included within the ‘Services and Costs Disclosure Document’. We offer or recommend, assessing their compatibility with the needs of clients will not charge you anything until you have agreed on how much we are to whom be paid. We provide investment will inform you if you have to pay VAT. For advised services, you will be charged an ‘adviser charge’. The actual amount will depend on the service(s) provided to you and taking into account the identified target market amount will be agreed with you before we carry out any work that we will charge you for. Our financial planning report that we will issue to you, will contain details of end clients, how much you will be charged and ensuring that Services are offered or recommended only where this how payment is in the interest of the client; (f) the restriction on and disclosure of the giving and receipt of inducements; (g) the requirement that, if We offer You any investment service together with another service or product as part of a package or as a condition for the same agreement or package, We must inform You whether it is possible to buy the different components separately.4be made.

Appears in 1 contract

Samples: Client Agreement

Client Categorisation. 4.1 For the purposes of the FCA rules and based 1.1 Based on the information available to Usit, We have classed GS has categorised You as either a Professional Client” or an “Eligible Counterparty” and will have notified You of this in a separate notice (“Client Classification Notice”). You agree and acknowledge that You are responsible for keeping Us informed about any change in Your circumstances that could affect Your categorisation as a professional client. 4.2 1.2 You are entitled have the right to request in writing a different client classification as per the FCA rules. However, please note that We are not categorisation where permitted to deal with Retail Counterparties. Until such a request is received, We shall deal with You on the basis of Our original classification as set out in the Client Classification Noticeby Applicable Law. 4.3 There are certain client protections that apply to Professional Clients but not to Eligible Counterparties. Therefore, if 1.3 If You request and We agree to Your classification be categorised as an Eligible CounterpartyCounterparty and GS agrees, You will lose the protection afforded by certain client protections that apply to Professional ClientsApplicable Law, including protections resulting from the requirements in relation to: (a) the requirement for Us GS to act in accordance with Your your best interests; ; (b) the requirement to ensure that information We provide is fair, clear and not misleading; restrictions on the payment or receipt by GS of any inducements; (c) the obligation on GS to achieve Best Execution in respect of your orders; (d) the requirement to implement arrangements which provide for the prompt, fair and expeditious execution of your orders; and (e) the requirement to assess the appropriateness of certain products and services proposed or products proposed provided to you. 1.4 If You request to be categorised as a Retail Client, thereby requiring additional protections under Applicable Law, GS will not be able to provide Services to you through its Xxxxxxx Xxxxx FICC and Equities or requested by You;Global Investment Research business units. 1.5 You agree and acknowledge that you are responsible for keeping GS informed about any change that could affect your categorisation as a Professional Client. 1.6 Where You are an investment manager, investment adviser or otherwise act as agent on behalf of Underlying Clients, and GS agrees to deal with You in this capacity, GS shall treat You alone (and not Your Underlying Client(s)) as its client for the purpose of GS’ client-facing duties and obligations under Applicable Law. All contractual rights and obligations arising under the Agreement and any Transactions concluded under the Agreement shall be rights and obligations arising between GS and the Underlying Client (and not you), except where explicitly stated otherwise and in relation to those rights and obligations arising specifically out of GS’ client-facing duties under Applicable Law. 1.7 As You are categorised as a Professional Client, GS is (a) not required to assess appropriateness for non-complex Financial Instruments, as defined under MiFID II, or Services provided at Your initiative; and (b) entitled to assume that the Services provided to and/or Transactions executed under the Agreement are appropriate (c) not required to comply with costs and charges disclosure requirements (except with regard to the services of investment advice and portfolio management, and (d) the requirement on Us not required to take all sufficient steps to obtain the best possible result in executing provide you with certain mandatory service reports (including transaction reports, periodic reports for portfolio management services and client orders; (e) understanding the Services We offer or recommendasset statements). In such cases, assessing their compatibility with the needs you acknowledge that You will not benefit from certain conduct of clients to whom We provide investment services, and taking into account the identified target market of end clients, and ensuring that Services are offered or recommended only where this is in the interest of the client; (f) the restriction on and disclosure of the giving and receipt of inducements; (g) the requirement that, if We offer business obligations You any investment service together with another service or product as part of a package or as a condition for the same agreement or package, We must inform You whether it is possible to buy the different components separately.4may otherwise benefit from.

Appears in 1 contract

Samples: Custody Agreement (Exor N.V.)

Client Categorisation. 4.1 For Unless you receive confirmation in writing to the purposes contrary, in all our dealings on investment matters you will be treated as a Retail Client. This means that you are afforded the highest level of protection under the FCA rules regulatory system and based on should have the information available right to Us, We have classed You as either a “Professional Client” or an “Eligible Counterparty” and will have notified You of this in a separate notice take any complaint to the Financial Ombudsman Service (“Client Classification Notice”FOS). You agree and acknowledge that You are responsible for keeping Us informed about any change in Your circumstances that could affect Your categorisation Where we have categorised you other than as a professional ‘retail client. 4.2 You are entitled to ’, you may request re-categorisation under a different client classification as per the FCA rulescategory which benefits from a higher degree of protection. However, please note we reserve the right to agree to such a re-categorisation on a case-by-case basis, and where we agree to do so it does not necessarily mean that you will have a right of access to the Financial Ombudsman Service. Further information in respect of the Financial Ombudsman Service is available on their website at the address below: T: +00 (0)0000 000000 F: +00 (0)0000 000000 E: xxxx@xxxxxxxxxxxxx.xxx W: xxx.xxxxxxxxxxxxx.xxx We are not permitted committed to deal providing you with Retail Counterpartiesa service that meets with your individual needs. Until such To enable us to achieve this objective it is important that you are open and xxxxx with us and provide us with all the necessary information that we will need to deliver a request is received, We shall deal service that reflects your needs. This will enable us to identify products and services that best meet with You on your personal circumstances. It will also help us to identify any specific needs regarding the basis methods by which we deliver our services to you. This may include additional ways of Our original classification communication to those that we usually use as set out in the Client Classification Notice. 4.3 There are certain client protections that apply to Professional Clients but not to Eligible Counterpartiesnext section entitled “means of communication”. ThereforeFor example, if you need information in large font due to sight difficulties, we can provide you with that. Further information on how we collect and use your personal data is set out in the separate Data Privacy Notice that we have issued to you. We will enter into communication with you through whatever means are convenient to you including face- to-face, telephone, paper, e-mail, and other acceptable electronic communication methods. Our communications will ordinarily be in English, both in respect of oral and written communications. You may at any time choose to request and information in hard copy that has previously been provided to you electronically. For example, where a communication was originally sent to you via email. You may at any time choose to change your preferences as to how we communicate with you. However, where you choose to do this, we will require you to confirm this change in writing to us. We agree are required by our regulators (the FCA) to Your classification as an Eligible Counterparty, You will lose certain client protections that apply to Professional Clients, including protections resulting from the requirements keep records of any telephone conversations or other electronic communications with our clients in relation to: to the arranging of transactions in investments that are categorised as financial instruments. The term ‘electronic communication’ covers many categories of communications and includes (aamongst others) the requirement for Us video conferencing, fax, email, SMS, business to act in accordance with Your best interests; (b) the requirement to ensure that information We provide is fairbusiness devices, clear and not misleading; (c) the obligation to assess the appropriateness of certain services or products proposed to You or requested by You; (d) the requirement on Us to take all sufficient steps to obtain the best possible result in executing client orders; (e) understanding the Services We offer or recommendchat, assessing their compatibility with the needs of clients to whom We provide investment servicesinstant messaging, and taking into account mobile device applications. A copy of our call recording policy is available upon request. Following the issue of this document, any subsequent advice or recommendation offered to you will be based on your stated investment objectives, agreed level of risk and any restrictions you wish to place on the type of investments or policies you are willing to consider. Details of your stated investment objectives will be identified target market of end clientsduring our discussions and confirmed within the suitability report that we will issue to confirm our recommendation(s). Unless instructed in writing to the contrary, and ensuring we will assume that Services you do not wish to place any restrictions on the advice we give you. You are offered or recommended only where this advised that because investments can fall as well as rise, you may not get back the full amount invested. Past performance is in the interest of the client; (f) the restriction on and disclosure of the giving and receipt of inducements; (g) the requirement that, if We offer You any investment service together with another service or product as part of not necessarily a package or as a condition for the same agreement or package, We must inform You whether it is possible guide to buy the different components separately.4future performance.

Appears in 1 contract

Samples: Client Agreement

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