Common use of Retail Client Clause in Contracts

Retail Client. Unless we notify you in writing to the contrary, we will be treating you as a ‘Retail Client for pensions and investment business’ as is required under FCA regulation. This means you are afforded the highest level of protection under the regulatory system and should have the right to take any complaint to the Financial Ombudsman Service. As a Retail Client, you have the right to request to be treated as an Elective Professional Client either generally or in respect of a particular service, type of transaction or product. Such a request must be made in writing and we will consider any requests received on a case-by-case basis against the criteria set out in the FCA rules. We will confirm the scope of any re- categorisation along with the consumer protections you will lose as a result. You must keep us informed of any change to your circumstances that could affect your classification. We will confirm our advice in writing to you to confirm we have correctly understood your personal circumstances and the information you have provided to us. It is very important that you provide all material information and that it is true and correct to the best of your knowledge. If we have misunderstood any of the information, you must let us know as soon as possible as this may affect our advice and or recommendations. Any advice or recommendation that we offer to you will be made in writing and will only be given after we have assessed your needs, considered your financial objectives, capacity for loss and attitude to any risks that may be involved. We will also take into account any restrictions that you wish to place on the type of products you would be willing to consider. Our written advice may include any products that we recommend to you and will incorporate a full explanation of our reasons for such advice or recommendations with details of any special or financial risks associated with the products recommended. Following discussions with you, we may decide, at our discretion, that we are not able to provide advice or proceed with your instructions on suitability grounds, however we will always explain our decision to you. Any request for instructions or instructions given by you must be made in writing. If instructions are given orally they should also be confirmed in writing. RH may refuse at its discretion to accept certain instructions although such discretion will not be exercised unreasonably. Full details of the products we recommend to you including, for example, the minimum duration of the product, information on your right to cancel or whether no right to cancel exists, and any early termination rights and penalties, will be covered in the relevant product disclosure information you will receive before conclusion of any contract. In executing or 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 in terms of best execution. Under the terms of this agreement, we may, if appropriate, advise you on investments that are not readily realisable. We will draw your attention to the risks associated with these investments as there is a restricted market for them. In some circumstances it may therefore not be possible to deal in the investment or obtain reliable information about its value. We will not recommend the services of a discretionary investment or fund managers (DIMs/DFMs) nor will we assist in the appointment of them. We will not advise you if you are experiencing difficulties managing debts. Free help and advice about managing your debts is available by contacting the Money Advice Service via its website xxx.xxxxxxxxxxxxxxxxxx.xxx.xx.

Appears in 3 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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Retail Client. Unless we notify you in writing to the contrary, we will be treating you as a ‘Retail Client for pensions and investment business’ as is required under FCA regulationClient’. This means you are afforded the highest level of protection under the regulatory system and should have the right to take any complaint to the Financial Ombudsman Service. As a Retail Client, you have the right to request to be treated as an Elective Professional Client either generally or in respect of a particular service, type of transaction or product. Such a request must be made in writing and we will consider any requests received on a case-by-case basis against the criteria set out in the FCA rules. We will confirm inform you of the FCA protections you lose as a result of such a re-categorisation together with the scope of any re- categorisation along with the consumer protections you will lose as a result. You must keep us informed of any change to your circumstances that could affect your classification. We will confirm our advice in writing to you to confirm we have correctly understood your personal circumstances and the information you have provided to us. It is very important that you provide all material information and that it is true and correct to the best of your knowledge. If we have misunderstood any of the information, you must let us know as soon as possible as this may affect our advice and or recommendationsre-categorisation. Any advice or recommendation that we offer to you will be made in writing and you, will only be given after we have assessed your needs, considered your financial objectives, capacity for loss and attitude to any risks that may be involved. We will also take into account any restrictions that you wish to place on the type of products you would be willing to consider. Our written advice may include any products that we recommend We will confirm to you and will incorporate a full explanation in writing the basis of our reasons for such advice or recommendations along with details of any special or financial risks associated with the products recommended. Following discussions with you, we may decide, at our discretion, that we are not able to provide advice or proceed with your instructions on suitability grounds, however we will always explain our decision to you. Any request for instructions or shall be in writing and any instructions given by you must shall also be made in writing. RH will always confirm receipt of a client’s instructions in writing. If instructions are given orally they should also be confirmed in writing. RH may refuse at its discretion to accept certain instructions although such discretion will not be exercised unreasonably. Full details of the products we recommend to you including, for example, the minimum duration of the product, information on your right to cancel or whether no right to cancel exists, and any early termination rights and penalties, will be covered in the relevant product disclosure information you will receive before conclusion of any contract. In executing or 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 in terms of best execution. Under the terms of this agreement, we may, if appropriate, advise you on investments that are not readily realisable. We will draw your attention to the risks associated with these investments as there is a restricted market for them. In some circumstances it may therefore not be possible to deal in the investment or obtain reliable information about its value. Please note that any products we have arranged for you will only be kept under review as part of an ongoing service for which you agree to pay. Any ongoing service will be confirmed with you in writing via a fee and services agreement. We will not recommend may contact you in the services future by means of an unsolicited promotion (by telephone at social hours, email or post) should we wish to discuss the relative merits of a discretionary investment particular product or fund managers (DIMs/DFMs) nor will service which we assist in the appointment feel may be of theminterest to you. We will not advise you if If you are experiencing difficulties managing debts. Free help and advice about managing your debts is available by contacting happy for us to contact you on this basis, please confirm this on the Money Advice Service via its website xxx.xxxxxxxxxxxxxxxxxx.xxx.xxdeclaration page.

Appears in 1 contract

Samples: Client Agreement

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