Common use of Client Classification Clause in Contracts

Client Classification. 8.1. According to Applicable Regulations, IFs must classify their Clients in one of the following categories: Retail Client, Professional Client or Eligible Counterparty. It is noted that the Company treats all of its Clients as Retail Clients. 8.2. Where an IF treats a Client as a Retail Client, the Client is entitled to more protections under the Law, than if the Client was treated as a Professional Client. In summary, these protections are as follows (the list may not be exhaustive): (a) A Retail Client will be given more information disclosures with regards to the Company, its services, its financial instruments and their performance, the nature and risks of financial instruments, its costs, commissions, fees and charges and the safeguarding of Client financial instruments and Client funds, including summary details of any relevant investor compensation or deposit guarantee scheme, as applicable. (b) Where the Company is providing the services of Reception & Transmission of orders and/or Execution of Client orders (the Company shall ask a Retail Client to provide information regarding his knowledge and experience in the investment field relevant to the specific type of product or service offered or demanded, so as to enable the Company to assess whether the investment service or product envisaged is appropriate for the Client. In case the Company considers, on the basis of the information received, that the product or service is not appropriate to a Retail Client, it shall warn the Client accordingly. Please note that the Company is not required to assess appropriateness in certain cases specified by the Law (for example but not limited to the situation where on an execution only basis the financial instrument concerned is not complex). On the other hand, the Company shall be entitled to assume that a Professional Client has the necessary experience and knowledge in order to understand the risks involved in relation to those particular investment services or transactions, or types of transaction or product, for which the Client is classified as a Professional Client. Consequently, and unlike the situation with a Retail Client, the Company should not generally need to obtain additional information from the Client for the purposes of the assessment of appropriateness for those products and services for which they have been classified as a Professional Client. (c) When executing Client orders, the Company must take all reasonable steps to achieve what is called “best execution” of the Client’s orders, that is to obtain the best possible result for its Clients. Where the Company executes an order of a Retail Client, the best possible result shall be determined in terms of the total consideration, representing the price of the financial instrument and the costs related to execution, which shall include all expenses incurred by the Client which are directly related to the execution of the order, including execution venue fees, clearing and settlement fees and any other fees paid to third parties involved in the execution of the order. The Company shall also send a notice to a Retail Client confirming execution of the order as soon as possible and no later than the first business day following execution or, if the confirmation is received by the Company from a third party, no later than the first business day following receipt of the confirmation from the third party, as applicable. Professional Clients are also entitled to a confirmation for the execution of their orders however there is no specific timeframe involved as to when the Professional Client will receive this information. Nevertheless, this confirmation shall be provided promptly. (d) The Company must inform Retail Clients of material difficulties relevant to the proper carrying out of their order(s) promptly upon becoming aware of the difficulty. (e) The Company is required to provide Retail Clients with more information than Professional Clients as regards the execution of their orders. (f) The Company is obliged to enter into a written basic agreement with the retail Client, setting out the essential rights and obligation of both parties. 8.3. It is understood that under the Law, the Company has the right to change its policy and accept other categories of Clients as well and hence review the Client’s Classification and change his Classification if this is deemed necessary (subject to Applicable Regulations and appropriate notification to the Client).

Appears in 6 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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Client Classification. 8.1. According to Applicable Regulations, IFs must classify their Clients in one of the following categories: are defined as either Wholesale or Retail Client, Professional Client or Eligible Counterpartyclients. It is noted Please note that the Company treats all of its Clients as Retail Clients. The Company nevertheless reserves the right to classify you as a Wholesale Client if you meet the criteria as prescribed by the Corporations Act and Corporations Regulations. It may in its absolute discretion and without creating any obligation to, notify you if you are classified as a Wholesale Client. 8.2. Where an IF treats a Client as a Retail Client, the Client is Clients are entitled to more protections under the Law, than if the Client was treated as a Professional ClientWholesale Clients. In summary, these protections are as follows (the list may not be exhaustive): (a) A Retail Client will be given more information is entitled to receive a Financial Services Guide and a Product Disclosure Statement which provide disclosures with regards to regarding the Company, its services, its our financial instruments and their performanceproducts, the nature and risks of such financial instrumentsproducts, its our costs, commissions, fees and charges and the safeguarding storing of Client financial instruments and Client funds, including summary details of any relevant investor compensation or deposit guarantee scheme, as applicable. (b) Where the Company is providing the services of Reception & Transmission of orders and/or Execution of Client orders in relation to over-the- counter (the Company shall “OTC”) derivative contracts to Retail Clients, we will ask a Retail Client to provide information and complete a suitability questionnaire regarding his their knowledge and experience in the investment field relevant to the specific type of product or service offered or demanded, so as to enable to the Company Client to self-reflect and assess whether the investment service or product envisaged trading in OTC derivatives is appropriate for the Clientthem. In case the Company considers, on the basis of the information or questionnaire score received, that the product Client does not have the necessary skills or service is not appropriate to a Retail Clientexperience, it shall warn remind the Client accordingly. Please note that client of the Company is not required to assess appropriateness in certain cases specified by the Law (for example but not limited risks of CFD trading and direct them to the situation where on an execution only basis appropriate educational resources. The Client must not proceed with their account opening without acknowledging the financial instrument concerned is not complex)risk reminder. On the other hand, the Company shall be entitled to assume that a Professional Wholesale Client has the necessary experience and knowledge in order to understand the risks involved in relation to those particular investment services or transactions, or types of transaction or product, for which the Client is classified as a Professional Wholesale Client. Consequently, and unlike the situation with a Retail Client, the Company should will not generally need to obtain additional information from the Client for the purposes of the assessment of appropriateness for those products and services for which they have been classified as a Professional Wholesale Client. (c) When executing Client orders, the Company must take all reasonable steps to achieve what is called “best execution” of the Client’s orders, that is to obtain the best possible result for its Clients. Where the Company executes an order of a Retail Client, the best possible result shall be determined in terms of the total consideration, representing the price of the financial instrument and the costs related to execution, which shall include all expenses incurred by the Client which are directly related to the execution of the order, including execution venue fees, clearing and settlement fees and any other fees paid to third parties involved in the execution of the order. The Company shall also send a notice to a Retail Client confirming execution of the order as soon as possible and no later than the first business day following execution or, if the confirmation is received by the Company from a third party, no later than the first business day following receipt of the confirmation from the third party, as applicable. Professional Clients are also entitled to a confirmation for the execution of their orders however there is no specific timeframe involved as to when the Professional Client will receive this information. Nevertheless, this confirmation shall be provided promptly. (d) The Company must inform Retail Clients of any material difficulties relevant to the proper carrying out of their order(s) promptly upon becoming aware of the difficulty. (e) The Company is required to provide Retail Clients with more information than Professional Clients as regards the execution of their orders. (f) The Company is obliged to enter into a written basic agreement with the retail Client, setting out the essential rights and obligation of both parties. 8.3. It is understood that under the Law, the Company has the right to change its policy and accept other categories of Clients as well and hence review the Client’s Classification and change his Classification if this is deemed necessary (subject to Applicable Regulations and appropriate notification to the Client).

Appears in 3 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

Client Classification. 8.1. According to Applicable Regulations, IFs must classify their Clients in one of the following categories: Retail Client, Professional Client or Eligible Counterparty. It is noted that the Company treats all of its Clients as Retail Clients. 8.2. Where an IF treats a Client as a Retail Client, the Client is entitled to more protections under the Law, than if the Client was treated as a Professional Client. In summary, these protections are as follows (the list may not be exhaustive): (a) A Retail Client will be given more information disclosures with regards to the Company, its services, its financial instruments and their performance, the nature and risks of financial instruments, its costs, commissions, fees and charges and the safeguarding of Client financial instruments and Client funds, including summary details of any relevant investor compensation or deposit guarantee scheme, as applicableasapplicable. (b) Where the Company is providing the services of Reception & Transmission of orders and/or Execution of Client orders (the Company shall ask a Retail Client to provide information regarding his knowledge and experience in the investment field relevant to the specific type of product or service offered or demanded, so as to enable the Company to assess whether the investment service or product envisaged is appropriate for the Client. In case the Company considers, on the basis of the information received, that the product or service is not appropriate to a Retail Client, it shall warn the Client accordingly. Please note that the Company is not required to assess appropriateness in certain cases specified by the Law (for example but not limited to the situation where on an execution only basis the financial instrument concerned is not complex). On the other hand, the Company shall be entitled to assume that a Professional Client has the necessary experience and knowledge in order to understand the risks involved in relation to those particular investment services or transactions, or types of transaction or product, for which the Client is classified as a Professional Client. Consequently, and unlike the situation with a Retail Client, the Company should not generally need to obtain additional information from the Client for the purposes of the assessment of appropriateness for those products and services for which they have been classified as a Professional Client. (c) When executing Client orders, the Company must take all reasonable steps to achieve what is called “best execution” of the Client’s orders, that is to obtain the best possible result for its Clients. Where the Company executes an order of a Retail Client, the best possible result shall be determined in terms of the total consideration, representing the price of the financial instrument and the costs related to execution, which shall include all expenses incurred by the Client which are directly related to the execution of the order, including execution venue fees, clearing and settlement fees and any other fees paid to third parties involved in the execution of the order. The Company shall also send a notice to a Retail Client confirming execution of the order as soon as possible and no later than the first business day following execution or, if the confirmation is received by the Company from a third party, no later than the first business day following receipt of the confirmation from the third party, as applicableasapplicable. Professional Clients are also entitled to a confirmation for the execution of their orders however there is no specific timeframe involved as to when the Professional Client will receive this information. Nevertheless, this confirmation shall be provided promptly. (d) The Company must inform Retail Clients of material difficulties relevant to the proper carrying out of their order(s) promptly upon becoming aware of the difficulty. (e) The Company is required to provide Retail Clients with more information than Professional Clients as regards the execution of their orders. (f) The Company is obliged to enter into a written basic agreement with the retail Client, setting out the essential rights and obligation of both parties. 8.3. It is understood that under the Law, the Company has the right to change its policy and accept other categories of Clients as well and hence review the Client’s Classification and change his Classification if this is deemed necessary (subject to Applicable Regulations and appropriate notification to the Client).

Appears in 1 contract

Samples: Client Agreement

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Client Classification. 8.1. According to Applicable Regulations, IFs must classify their Clients in one of the following categories: Retail Client, Professional Client or Eligible Counterparty. It is noted that the Company treats all of its Clients as Retail Clients. 8.2. Where an IF treats a Client as a Retail Client, the Client is entitled to more protections under the Law, than if the Client was treated as a Professional Client. In summary, these protections are as follows (the list may not be exhaustive): (a) A Retail Client will be given more information disclosures with regards to the Company, its services, its financial instruments and their performance, the nature and risks of financial instruments, its costs, commissions, fees and charges and the safeguarding of Client financial instruments and Client funds, including summary details of any relevant investor compensation or deposit guarantee scheme, as applicable. (b) Where the Company is providing the services of Reception & Transmission of orders and/or Execution of Client orders (the Company shall ask a Retail Client to provide information regarding his knowledge and experience in the investment field relevant to the specific type of product or service offered or demanded, so as to enable the Company to assess whether the investment service or product envisaged is appropriate for the Client. In case the Company considers, on the basis of the information received, that the product or service is not appropriate to a Retail Client, it shall warn the Client accordingly. Please note that the Company is not required to assess appropriateness in certain cases specified by the Law (for example but not limited to the situation where on an execution only basis the financial instrument concerned is not complex). @xxxxxxxx.xxx On the other hand, the Company shall be entitled to assume that a Professional Client has the necessary experience and knowledge in order to understand the risks involved in relation to those particular investment services or transactions, or types of transaction or product, for which the Client is classified as a Professional Client. Consequently, and unlike the situation with a Retail Client, the Company should not generally need to obtain additional information from the Client for the purposes of the assessment of appropriateness for those products and services for which they have been classified as a Professional Client. (c) When executing Client orders, the Company must take all reasonable steps to achieve what is called “best execution” of the Client’s orders, that is to obtain the best possible result for its Clients. Where the Company executes an order of a Retail Client, the best possible result shall be determined in terms of the total consideration, representing the price of the financial instrument and the costs related to execution, which shall include all expenses incurred by the Client which are directly related to the execution of the order, including execution venue fees, clearing and settlement fees and any other fees paid to third parties involved in the execution of the order. The Company shall also send a notice to a Retail Client confirming execution of the order as soon as possible and no later than the first business day following execution or, if the confirmation is received by the Company from a third party, no later than the first business day following receipt of the confirmation from the third party, as applicable. Professional Clients are also entitled to a confirmation for the execution of their orders however there is no specific timeframe involved as to when the Professional Client will receive this information. Nevertheless, this confirmation shall be provided promptly. (d) The Company must inform Retail Clients of material difficulties relevant to the proper carrying out of their order(s) promptly upon becoming aware of the difficulty. (e) The Company is required to provide Retail Clients with more information than Professional Clients as regards the execution of their orders. (f) The Company is obliged to enter into a written basic agreement with the retail Client, setting out the essential rights and obligation of both parties.. @xxxxxxxx.xxx 8.3. It is understood that under the Law, the Company has the right to change its policy and accept other categories of Clients as well and hence review the Client’s Classification and change his Classification if this is deemed necessary (subject to Applicable Regulations and appropriate notification to the Client).

Appears in 1 contract

Samples: Client Agreement

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