Common use of Client Classification Clause in Contracts

Client Classification. 3.1 For the purposes of the FCA Rules and based upon the information you have provided, you shall be classified as either a “Professional Client” or an “Eligible Counterparty”. We will inform you of your client categorisation in a separate notification. 3.2 If you are classified as an “Eligible Counterparty”: 3.2.1 You will receive from us a letter of notice of treatment as an Eligible Counterparty (“Notice Letter”); 3.2.2 In the event of conflict between these Terms and the contents of the Notice Letter, the Notice Letter shall prevail; 3.2.3 You will not be granted a number of the statutory and regulatory protections applicable to “Professional or Retail Clients”. GIS opts out of Client Money protections for Eligible Counterparties. We are not required to provide you with, best execution and information regarding our fees and commissions paid or received; 3.3 If you are classified as a “Professional Client” and notify us in writing that you wish to be classified as an “Eligible Counterparty” and you meet the criteria for such classification, we will treat you as an “eligible counterparty” until you notify us in writing otherwise. We will notify you if we have reason to believe that you no longer meet the criteria for such classification. You may request to be classified as a “retail client”, however, we may be unable to transact any business with you on that basis. 3.4 As a Professional Client, GIS will endeavour to provide a service for you as your agent, which is effective and commercially reasonable. Where you have agreed to be subject to TTCA rules, Property held for Professional Clients may be subject to TTCA, as described under 4.3 and Appendix 3 below. TTCA arrangements can be terminated by giving written notice under Appendix 3 (2.1) below. This will not affect other Terms in this Agreement. 3.5 Non-EEA clients warrant that a Transaction entered into with us is permissible under their relevant home state legislation. 3.6 You agree and acknowledge that you are responsible for keeping us informed about any change that could affect your client classification. 3.7 You agree to inform us of any event affecting your ability to undertake and discharge your obligations.

Appears in 3 contracts

Samples: Professional Client and Eligible Counterparty Agreement, Professional Client and Eligible Counterparty Agreement, Professional Client and Eligible Counterparty Agreement

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Client Classification. 3.1 For ‌ 8.1. This Clause shall be read in conjunction with our Client Categorisation Policy, which is uploaded onto our website. In accordance with the provisions of MiFID II, the Company will deal with the Client according to the type of categorisation of the Client as a Retail Client, Professional Client or Eligible Counterparty, with respect to the information provided to the Company during the account opening procedure. The three categories attempt to reflect both the Clients’ level of knowledge and experience in the financial markets as well as the ability to understand and tolerate the risks emerging from their investment decisions so as to adopt appropriate measures suiting the characteristics of each category of Clients. 8.2. We shall treat you as a Retail Client for the purposes of the FCA CySEC Rules and based upon the Applicable Regulations. 8.3. You have the right to request a different method of categorization as is explained under the Client Categorization Policy found on the Company’s Website. Such request shall be submitted to the Company in writing by sending an email to the address xxxxxxxxxx@xxxxxxxxxxxx.xxx or xxxxxxxxxx@xxxxxxxxxxxx.xxx informing the relevant persons about your wish to be treated as a Professional Client either generally or in respect to a particular investment service or transaction or type of transaction. 8.4. 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. For example, the Company cannot enter into title transfer financial collateral arrangements with Retail Clients; Renumeration 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. 8.5. It is understood that we have the right to review the Client’s Categorization and change your Categorization if this is deemed necessary (subject to Applicable Regulations). You accept that when categorizing you and dealing with you, the Company will rely on the accuracy, completeness and correctness of the information provided by you have provided, you shall be classified as either a “Professional Client” or an “Eligible Counterparty”. We will inform you of in your client categorisation in a separate notification. 3.2 If you are classified as an “Eligible Counterparty”: 3.2.1 You will receive from us a letter of notice of treatment as an Eligible Counterparty (“Notice Letter”); 3.2.2 In the event of conflict between these Terms Account Opening Application Form and the contents of Appropriateness test. You have the Notice Letter, the Notice Letter shall prevail; 3.2.3 You will not be granted a number of the statutory and regulatory protections applicable responsibility to “Professional or Retail Clients”. GIS opts out of Client Money protections for Eligible Counterparties. We are not required to provide you with, best execution and information regarding our fees and commissions paid or received; 3.3 If you are classified as a “Professional Client” and immediately notify us in writing that you wish to be classified as an “Eligible Counterparty” and you meet the criteria for if such classification, we will treat you as an “eligible counterparty” until you notify us in writing otherwise. We will notify you if we have reason to believe that you no longer meet the criteria for such classification. You may request to be classified as a “retail client”, however, we may be unable to transact information changes at any business with you on that basistime thereafter. 3.4 As a Professional Client, GIS will endeavour to provide a service for you as your agent, which is effective and commercially reasonable. Where you have agreed to be subject to TTCA rules, Property held for Professional Clients may be subject to TTCA, as described under 4.3 and Appendix 3 below. TTCA arrangements can be terminated by giving written notice under Appendix 3 (2.1) below. This will not affect other Terms in this Agreement. 3.5 Non-EEA clients warrant that a Transaction entered into with us is permissible under their relevant home state legislation. 3.6 You agree and acknowledge that you are responsible for keeping us informed about any change that could affect your client classification. 3.7 You agree to inform us of any event affecting your ability to undertake and discharge your obligations.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Client Classification. 3.1 For As a client of Willow Financial Planning Limited we will classify you as a ‘retail client’ for investment and pension advice and as a ‘consumer’ for protection advice. This will provide you with the purposes maximum regulatory protections available to you. Should your classification change in the future, we will advise you accordingly in writing and obtain your agreement before proceeding with any financial planning advice. The company will exercise due care and diligence in conducting their business, but will not be liable for any depreciation of investments arranged by them. We prefer our clients to give us instructions in writing to avoid possible disputes. We will, however, accept oral instructions providing they are subsequently confirmed in writing. Any advice we give you will normally be in writing, but if given orally will be recorded on your file. Where any recommendation we make, or transaction we undertake for you, results in a right to cancel the FCA Rules policy under certain conditions, we will advise you of these rights. We will also tell you if you do not have a right to cancel the arrangement. There may be occasions where we, or one of our customers, will have some form of interest in business that we are transacting for you. If this happens, or we become aware that our interests or those of one of our other customers conflict with your interests, we will inform you in writing and obtain your consent before we carry out your instructions. If we can continue to act for you, we will tell you how we will ensure your interests are protected. On occasions we may have to cease acting for you, but we will help you find advice from elsewhere if you want us to. When we arrange investments for you we will register these in your name unless otherwise agreed in writing. Additionally, we will ensure you receive either a contract note, documents of title, or certificates evidencing title. Where a number of documents relating to a series of transactions is involved, the documents will normally be retained until the series is completed. All documents, cheques, and paperwork may be sent by post at the client's risk as soon as we receive the documents from the product provider concerned. We shall at the clients request and expense, send documents by registered post. In the absence of such a request, the client shall pay all charges incurred for the recovery or replacement of lost documents. Any advice that we give will be based on your financial objectives and your attitude to investment risk. We will endeavour to ensure that any recommendation made is suitable for you. Any recommendation made will be confirmed in writing to you. Should you decline to provide the information requested about your circumstances then we may decline to continue with the business relationship since we would not be able to demonstrate that the recommendation is suitable given your financial circumstances. In transmitting applications on your behalf to third parties, we will take all reasonable steps to ensure that we obtain the best possible result for you. This is referred to as ‘best execution’. Your insurance / protection cover is based upon the information you have providedprovide to the insurance company. For all individuals (known as consumers) buying insurance this means that you must take ‘reasonable care’ to answer all questions asked by the insurer fully and accurately. For general insurance policies such as car insurance or liability insurance, once cover has been arranged, you shall be classified as either a “Professional Client” must immediately notify the insurers or an “Eligible Counterparty”. We will inform you of your client categorisation in a separate notification. 3.2 If you are classified as an “Eligible Counterparty”: 3.2.1 You will receive from us a letter of notice of treatment as an Eligible Counterparty (“Notice Letter”); 3.2.2 In the event of conflict between these Terms and the contents of the Notice Letter, the Notice Letter shall prevail; 3.2.3 You will not be granted a number of the statutory and regulatory protections applicable to “Professional or Retail Clients”. GIS opts out of Client Money protections for Eligible Counterparties. We are not required to provide you with, best execution and information regarding our fees and commissions paid or received; 3.3 If you are classified as a “Professional Client” and notify us in writing that you wish to be classified as an “Eligible Counterparty” and you meet the criteria for such classification, we will treat you as an “eligible counterparty” until you notify us in writing otherwise. We will notify you if we have reason to believe that you no longer meet the criteria for such classification. You may request to be classified as a “retail client”, however, we may be unable to transact any business with you on that basis. 3.4 As a Professional Client, GIS will endeavour to provide a service for you as your agent, which is effective and commercially reasonable. Where you have agreed to be subject to TTCA rules, Property held for Professional Clients may be subject to TTCA, as described under 4.3 and Appendix 3 below. TTCA arrangements can be terminated by giving written notice under Appendix 3 (2.1) below. This will not affect other Terms in this Agreement. 3.5 Non-EEA clients warrant that a Transaction entered into with us is permissible under their relevant home state legislation. 3.6 You agree and acknowledge that you are responsible for keeping us informed about any change that could affect your client classification. 3.7 You agree to inform us of any event affecting changes to the information that you have already provided. Failure to provide accurate and up to date information may invalidate your ability insurance cover and mean that a claim may not be paid. All other clients (commercial customers for example) must still disclose all ‘material facts’ (any information that may influence the insurer’s decision over cover or terms) prior to undertake inception and discharge throughout the period of the policy. Again, failure to disclose material information may invalidate your obligationsinsurance cover and could mean that a claim may not be paid. The company and its representatives are not qualified to provide any legal advice and will not provide any opinion as to whether a client should complain about any previous advice received unless explicitly agreed. All communications, both verbal and in writing, will be in English. All investments carry a degree of financial risk which will tend to increase in proportion to the potential rate of return on the investments. Any product which is directly or indirectly invested in assets which may fall in value (for example equities) may itself fall in value along with any decrease in value of those assets. Before entering into any investment agreement, you must ensure that you understand the risk associated with the product and are content to accept that level of risk. Investments can go down in value as well as up and you could get back less than you invest. The past is not a guide to future performance Crossed cheques for premiums or investment monies can only be made payable directly to the product provider. No premiums or investment monies of any kind should be paid or made payable to anyone else.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Client Classification. 3.1 For the purposes of the FCA Rules and based upon the information services provided by us under these Terms we may treat you have providedas a Retail Client, you shall be classified as either a “Professional Client” Client or an “Eligible Counterparty”. We will inform you of your client categorisation in a separate notification. 3.2 If you are classified as an “Eligible Counterparty”: 3.2.1 You will receive from us a letter of notice of treatment as an Eligible Counterparty (“Notice LetterECP”);, as applicable based on FCA Rules and our internal policies including Classification Policy. 3.2.2 In 3.2 As a Professional Client you have the event right to request a different Client Categorisation benefitting from a higher level of conflict between these Terms and the contents of the Notice Letterregulatory protection. However, the Notice Letter shall prevail; 3.2.3 You will not be granted a number of the statutory and regulatory protections applicable to “Professional or Retail Clients”. GIS opts out of Client Money protections for Eligible Counterparties. We we are not required obliged to provide you with, best execution and information regarding our fees and commissions paid or received;accept any such request. 3.3 If Until you are classified as a “Professional Client” and notify us in writing that you wish to be classified as an “Eligible Counterparty” and you meet the criteria for such classificationreceive notification of re-categorisation from us, we will treat you as the type of categorisation you were at the time of request. 3.4 There are different levels of regulatory protection to each category of clients. In particular, Retail Clients are afforded the most regulatory protection pursuant of XxXXX XX and the FCA Rules. Professional Clients and ECPs are considered to be more experienced, knowledgeable and sophisticated and better able to assess their own risk and are therefore afforded fewer regulatory protections. However this does not mean that you will automatically be eligible to bring a claim under any investor compensation scheme or ombudsmen service available. 3.5 Before activating your Account we are required by FCA Rules to carry out an “eligible counterparty” until you notify us in writing otherwiseAppropriateness Assessment. We will do this by asking you to answer certain questions, contained in the Client Application Form so that we can assess your knowledge and experience of the relevant product or service. 3.6 When assessing your Client Categorisation and afterwards when dealing with you, we will rely on the truth, accuracy and completeness of the information provided by you, including the information provided on the Client Application Form. You expressly consent to us using and relying on all such information in making our assessment and in our dealings with you. 3.7 If there is a change in your personal circumstances you must notify you us immediately of the change so that we can consider your categorisation. 3.8 We may review your Client Categorisation from time to time and if we have reason to believe become aware that you no longer meet fulfil the criteria conditions set in regard to the categorisation you fall under or upon request or otherwise appropriate action will be taken to re-categorise you and you will be notified. As per Clause 4.3, until notification of re- categorisation you will be treated as the category you are classed as at the time of request. Registered Address: Office 000, Xxx Xxxxxx Xxxxxx Xxxxxx Xxxxx, Xxxxxx X00 0XX| XX Registered in England & Wales, Company Number 07604372 Version 2 – 03rd July 2020: Customer Agreement for such classification. Professional and Eligible Counterparty Clients page 7 3.9 You acknowledge that the Services that Tera offers you may request depend on your Client Categorisation, and that all Services may therefore not be available to be classified as a “retail client”, however, we may be unable to transact any business with you on that basisall types of Clients. 3.4 As a Professional Client, GIS will endeavour 3.10 We reserve the right to choose whether or not to provide services under the requested classification following the outcome of a service for you further Appropriateness Assessment. 3.11 These Terms of Business are applicable to Xxxx’s clients who are categorisied as your agent, which is effective and commercially reasonable. Where you have agreed to be subject to TTCA rules, Property held for Professional Clients may be subject according to TTCA, as described under 4.3 and Appendix 3 below. TTCA arrangements can be terminated by giving written notice under Appendix 3 (2.1) below. This will not affect other Terms in this AgreementXxxx’s Classification Policy. 3.5 Non-EEA clients warrant that a Transaction entered into with us is permissible under their relevant home state legislation. 3.6 You agree and acknowledge that you are responsible for keeping us informed about any change that could affect your client classification. 3.7 You agree to inform us of any event affecting your ability to undertake and discharge your obligations.

Appears in 1 contract

Samples: Customer Agreement

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Client Classification. 3.1 For the purposes of the FCA Rules and based upon the information you have provided, you shall be classified as either a “Professional Client” or an “Eligible Counterparty”. We will inform you of your client categorisation in a separate notification. 3.2 If you are classified as an “Eligible Counterparty”: 3.2.1 You will receive from us a letter of notice of treatment as an Eligible Counterparty (“Notice Letter”); 3.2.2 In the event of conflict between these Terms and the contents of the Notice Letter, the Notice Letter shall prevail; 3.2.3 You will not be granted a number of the statutory and regulatory protections applicable to “Professional or Retail Clients”. GIS opts out of Client Money protections for Eligible Counterparties. We are not required to provide you with, best execution and information regarding our fees and commissions paid or received;. 3.3 If you are classified as a “Professional Client” and notify us in writing that you wish to be classified as an “Eligible Counterparty” and you meet the criteria for such classification, we will treat you as an “eligible counterparty” until you notify us in writing otherwise. We will notify you if we have reason to believe that you no longer meet the criteria for such classification. You may request to be classified as a “retail client”, however, we may be unable to transact any business with you on that basis. 3.4 As a Professional Client, GIS will endeavour to provide a service for you as your agent, which is effective and commercially reasonable. Where you have agreed to be subject to TTCA rules, Property held for Professional Clients may be subject to TTCA, as described under 4.3 and Appendix 3 below. TTCA arrangements can be terminated by giving written notice under paragraph 0of Appendix 3 (2.1) below. This will not affect other Terms in this Agreementprovisions of these Terms. 3.5 Non-EEA clients warrant that a Transaction entered into with us is permissible under their relevant home state legislation. 3.6 You agree and acknowledge that you are responsible for keeping us informed about any change that could affect your client classification.. Global Investment Strategy UK Limited is Authorised and Regulated by the Financial Conduct Authority 437558, xxx.xxx.xxx.xx/xxxxxxxx , and is a member of the London Stock Exchange. Global Investment Strategy UK Limited is a company incorporated in England and Wales with company number 04576299 and whose registered office is at: 000 Xxxxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX 3.7 You agree to inform us of any event affecting your ability to undertake and discharge your obligations.

Appears in 1 contract

Samples: Professional Clients and Eligible Counterparty Agreement

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