Suitability Requirements Clause Samples
The Suitability Requirements clause establishes the obligation for one party, typically a service provider or seller, to ensure that their products or services are appropriate for the specific needs or circumstances of the other party. In practice, this may involve assessing the buyer’s requirements, qualifications, or intended use before making recommendations or completing a sale. This clause helps prevent mismatches between what is provided and what is actually needed, thereby reducing the risk of disputes and ensuring that the recipient receives something fit for their intended purpose.
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Suitability Requirements. Broker shall establish and maintain a ------------------------ system to supervise its Representatives reasonably designed to ensure that, in making a recommendation to purchase a Contract (including as a part of an exchange), the Representative has reasonable grounds to believe that, based on facts disclosed by the purchaser, the purchase of the Contract is suitable for the purchaser as and to the extent required by Applicable Law. As part of the supervisory system, Broker shall maintain written procedures and conduct periodic reviews of its records that are reasonably designed to achieve compliance with these requirements. Broker shall be solely responsible for determining the suitability of recommendations to purchase a Contract made by its Representatives in accordance with Applicable Law, and shall, upon a reasonable written request from MLIDC, provide written documentation of such process, including without limitation the certifications required in Section 4.3. To the extent required by Applicable Law and upon written request from MLIDC, Broker shall promptly provide documentation and other information reasonably necessary to allow MLIDC or its Affiliates to determine that Broker is performing the required functions described above.
Suitability Requirements. The General Partners, at Partnership expense, shall maintain for a period of at least four years a record of the information obtained to indicate that a Limited Partner complies with the suitability standards set forth in the Prospectus.
Suitability Requirements. The Manager, at Company expense, shall maintain for a period of at least six (6) years, a record of the documentation indicating that a Member complies with the suitability standards set forth in the Memorandum.
Suitability Requirements. Broker shall establish and maintain a system to supervise its Representatives reasonably designed to ensure that, in making a recommendation to purchase a Contract (including as a part of an exchange), the Representative has reasonable grounds to believe that, based on facts disclosed by the purchaser, the purchase of the Contract is suitable for the purchaser as and to the extent required by Applicable Law. As part of the supervisory system, Broker shall maintain written procedures and conduct periodic reviews of its records that are reasonably designed to achieve compliance with these requirements. Broker shall be solely responsible for determining the suitability of recommendations to purchase a Contract made by its Representatives in accordance with Applicable Law, and shall, upon a reasonable written request from Principal Underwriter, provide written documentation of such process, including without limitation the certifications required in Section 4.3. To the extent required by Applicable Law and upon written request from Principal Underwriter, Broker shall promptly provide documentation and other information reasonably necessary to allow Principal Underwriter or its Affiliates to determine that Broker is performing the required functions described above.
Suitability Requirements. The Purchaser hereby represents that it qualifies as an “accredited investor,” as such term is defined in Rule 501(a) of Regulation D under the Act, and must demonstrate the basis for such qualification. To be an accredited investor, an investor must fall within any of the following categories at the time of the sale of any Units to the Purchaser:
(a) A bank as defined in Section 3(a)(2) of the Act, or a savings and loan association or other institution as defined in Section 3(a)(5)(A) of the Act, whether acting in its individual or fiduciary capacity; a broker or dealer registered pursuant to Section 15 of the Securities Exchange Act of 1934; an insurance company as defined in Section 2(13) of the Act; an investment company registered under the Investment Company Act of 1940 or a business development company as defined in Section 2(a)(48) of that Act; a Small Business Investment Company licensed by the U.S. Small Business Administration under Section 301(c) or (d) of the Small Business Investment Act of 1958; a plan established and maintained by a state, its political subdivisions, or any agency or instrumentality of a state or its political subdivisions, for the benefit of its employees, if such plan has total assets in excess of $5,000,000; an employee benefit plan within the meaning of the Employee Retirement Income Security Act of 1974 if the investment decision is made by a plan fiduciary, as defined in Section 3(21) of that Act, which is either a bank, savings and loan association, insurance company, or registered investment adviser, or if the employee benefit plan has total assets in excess of $5,000,000 or, if a self-directed plan, with investment decisions made solely by persons that are accredited investors;
(b) A private business development company as defined in Section 202(a)(22) of the Investment Advisers Act of 1940;
(c) An organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; a corporation; a Massachusetts or similar business trust; or a partnership; in each case, not formed for the specific purpose of acquiring the Units and with total assets in excess of $5,000,000;
(d) A director or executive officer of the Company;
(e) A natural person whose individual net worth, or joint net worth with that person’s spouse, at the time of such person’s purchase of the Units exceeds $1,000,000;
(f) A natural person who had an individual income in excess of $200,000 in each of the two most recent years or joint in...
Suitability Requirements. The amount invested may not exceed 10% of the Investor’s liquid net worth (excluding value of home, home furnishings, and automobiles). By signing this Agreement, Investor represents and warrants that its total investment in the Shares does not exceed 10% of the Investor’s liquid net worth (excluding value of home, home furnishings, and automobiles).
Suitability Requirements. You agree that, in connection with any offering of Securities, you will comply with NASD Conduct Rule 2310, Rule 405 of the New York Stock Exchange, if applicable, and all other federal, state or local laws, rules or regulations (or rules of any self-regulatory organization) relating to the suitability of the Securities for purchase by any person to whom you sell or recommend Securities. In complying with NASD Conduct Rule 2310, prior to recommending the purchase of any Securities, you shall have reasonable grounds for believing that the recommendation is suitable for the person to whom it is made upon the basis of facts disclosed to you by such person as to his or her other security holdings and as to his or her financial situation and needs. Prior to executing the purchase of Securities recommended to any non-institutional customer, you shall obtain information regarding: (1) the customer’s financial status; (2) the customer’s tax status; (3) the customer’s investment objective; and, (4) any additional information used or considered to be reasonable by you in making such recommendations to the customer. You further agree that you are familiar with NASD Notice-to-Members 05-59 concerning NASD members’ obligations when selling structured products and you agree to comply materially with the recommendations therein. “Non-institutional customer” is defined as a customer that does not qualify as an institutional account under NASD Conduct Rule 3110(c)(4). If you sell the securities to another dealer, you will do so pursuant to a master selected dealer agreement in which the dealer to whom you are selling the securities agrees to substantially comply with the suitability requirements contained herein.
Suitability Requirements. The general suitability decision process involves an assessment of an astronaut candidate applicant’s past and present conduct in order to predict probable future actions that may adversely impact the Space Shuttle Program. Any of the following factors may be considered as a basis for disqualification;
(a) delinquency or misconduct in prior employment;
(b) criminal, dishonest, infamous, or notoriously disgraceful conduct;
(c) intentional false statement or fraud in examination or appointment;
(d) habitual use of intoxicating beverages to excess;
(e) abuse of narcotics, drugs, or other controlled substances. Consideration may also be given to the following factors prior to disqualification;
(a) critical/sensitive nature of the astronaut position;
(b) nature and seriousness of any misconduct;
(c) circumstances surrounding such misconduct;
(d) recency of the misconduct;
(e) age of person at time of the misconduct;
(f) contributing social or environmental conditions;
(g) any reoccurrence of the same misconduct and/or occurrence of similar misconduct; and
(h) absence of presence of rehabilitation. NASA references
(a) Chapter 731, Subchapter 3-1 of the Federal Personnel Manual; and
(b) Chapter 731-1, Subchapter S3, Sections S3-1 through S3-8 of the Federal Personnel Manual Supplement.
Suitability Requirements. You agree that, in connection with any offering of Securities in which you participate as a Selected Dealer, you will comply in all material respects with FINRA Rules 2090 and 2111 and all other applicable federal, state or local laws, rules or regulations (or rules of any self-regulatory organization) relating to the suitability of the Securities for purchase by any person to whom you sell or recommend Securities. In complying with FINRA Rule 2111, prior to making a recommendation to a customer with respect to any Securities (other than to an institutional account where the conditions of FINRA Rule 2111(b) have been met), you shall have a reasonable basis to believe that a recommended transaction or investment strategy involving any Securities is suitable for the customer, based on the information obtained through your reasonable diligence to ascertain the customer’s investment profile. You further agree that you are familiar with Notice-to-Members 05-59 concerning FINRA members’ obligations when selling structured products and you agree to comply with the requirements therein.
Suitability Requirements. 5.3.1.1 Personnel performing directly or indirectly on this contract may have a requirement to obtain a suitability determination conducted by Government.
5.3.1.2 Contractor is responsible for ensuring PSOs, Key Personnel, and any other company officers that visit work sites, receive formal suitability adjudication by FPS.
5.3.1.3 Contractor shall have PSOs and Key Personnel provide required information and documents to COTR within 10 calendar days after contract award and shall have all other personnel provide the required documentation as soon as practical.
5.3.1.4 Contractor personnel will not be able to perform under this contract until receiving a favorable suitability determination.
5.3.1.5 Contractor should plan paperwork submissions accordingly; standard processing time is generally 30 calendar days.
5.3.1.6 Government shall make all Contractor suitability determinations in accordance with criteria outlined in 5 CFR 731.202.
5.3.1.7 Contractor is responsible for renewing employees’ suitability clearance prior to expiration.
5.3.1.8 Contractor must remove contract employee(s) upon expiration of suitability clearance, until such time an updated favorable suitability determination can be made by FPS.
5.3.1.9 Contractor shall submit suitability packages 45 to 60 days prior to current suitability expiration date.
5.3.1.10 Contractor must ensure forms submitted to FPS are complete, legible, and accurate. FPS will return illegible or incomplete forms submitted, which may result in delays of adjudication process.
5.3.1.11 FPS shall not be responsible for any delays which occur due to Contractor’s inability to submit complete, accurate, and legible forms.
5.3.1.12 Contractor shall use an electronic employment eligibility verification system (e-Verify) to verify employment eligibility of: ▪ Persons hired during contract term by Contractor, to perform employment duties within United States ▪ Persons assigned by Contractor, to perform work within United States on Federal contracts
5.3.1.13 Contractors shall use local, state, or Federal law enforcement sources to obtain readable fingerprints on appropriate fingerprint cards. Government encourages Contractor to use locations which use electronic fingerprint scanning machines.
5.3.1.14 CO shall have express authority to prohibit any employee from performing under contract until employee comes into full compliance with suitability criteria.
5.3.1.15 Contractor is responsible for all costs associated with obtaining...
