APPROPRIATENESS AND SUITABILITY Clause Samples

The Appropriateness and Suitability clause is designed to ensure that a party, often a service provider or seller, assesses whether a product or service is suitable for the client’s needs and circumstances. In practice, this may involve gathering information about the client’s experience, financial situation, or objectives before making recommendations or executing transactions. This clause helps protect clients from entering into agreements or investments that may be unsuitable or too risky for them, thereby promoting responsible conduct and reducing the likelihood of disputes arising from mismatched expectations or inappropriate offerings.
APPROPRIATENESS AND SUITABILITY. In accordance with the Applicable Regulations, Magnasale is 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 Transactions and products, for which the client is classified as a Professional Client. As such no appropriateness assessments will be conducted in respect of Professional Clients. As no investment advice is provided to Professional Clients, no suitability assessments will be conducted in respect of Professional Clients. Furthermore, in accordance with the Applicable Regulations, Magnasale is not obliged to, and it will not conduct appropriateness assessment, in respect of Eligible Counterparties. As no investment advice is provided to Eligible Counterparties, no suitability assessments will be conducted in respect of Eligible Counterparties. Please note that we will not be able to take your borrowing or leverage into account in assessing your investment risk appetite or capacity. You should be aware that leverage and Margined Transactions dramatically increase the risk of investments in Financial Instruments, particularly where large Transactions can be taken in reliance on a small amount of Margin as is common when dealing with Margined Transactions. Any decision on whether or not to open an Account and whether or not you understand the risks is yours. We do not monitor on your behalf whether the amount of money you have transferred to us or whether your profits and losses are consistent with your financial assets and earnings. It is left up to you to assess whether your financial resources are adequate and what level of risk to take
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APPROPRIATENESS AND SUITABILITY. 8.1. The Company shall use the information you provided during the Account Opening Application form to assess in basis of your knowledge and experience in the investment field, whether the service or Financial Instrument is appropriate for you. We shall offer different types of accounts with different characteristics and features in basis of each client’s personal circumstance. 8.2. Depending on your knowledge and experience and the type of Transactions you generally place with us, some of these account types may not be available to you. We reserve the right to convert your account, after providing you with a prior written notice to that effect, into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes on our website, by email or on our Electronic Trading Service. 8.3. We will not be obliged to review and will not review the Transactions you have entered into or about to enter into. 8.4. If you are classified as a client with the necessary experience and knowledge, we are entitled to assume that you have sufficient knowledge and experience to understand the risks involved in trading in complex instruments and to make your own evaluation of the risks of any Transaction you enter into. In this case, you will be permitted to trade with any leverage levels chosen at your own discretion, subject to any maximum level restrictions for each instrument, set by the Company or applicable laws. 8.5. If you are classified as a client with less or no experience and knowledge, in order for us to assess your knowledge and experience in trading, we shall require from you to provide to us more details regarding your knowledge and experience and the use of leverage during the Account Opening Application Form. In addition, you will be required to understand and accept the risk involved in trading complex instruments and read and accept our Risk Disclosure document. 8.6. The scope of the assessment of appropriateness is to provide the means to us to assess your knowledge and experience in order to determine whether complex Financial Instruments such as the CFDs are deemed appropriate for you to invest in. Therefore, you are kindly request to take into serious consideration any risk disclosure provided to you as a result of your assessment of appropriaten...
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APPROPRIATENESS AND SUITABILITY. In accordance with the Applicable Regulations, Finalto Asia is entitled to assume that an Accredited/Institutional 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 Transactions and products, for which the client is classified as an Accredited/Institutional Client. As such no appropriateness assessments will be conducted in respect of an accredited/ institutional clients. As no investment advice is provided to such clients, no suitability assessments will be conducted in respect of Accredited/ Institutional clients. Please note that we will not be able to take your borrowing or leverage into account in assessing your investment risk appetite or capacity. You should be aware that leverage and Margined Transactions dramatically increase the risk of investments in Financial Instruments, particularly where large Transactions can be taken in reliance on a small amount of Margin as is common when dealing with Margined Transactions. Any decision on whether or not to open an Account and whether or not you understand the risks is yours. We do not monitor on your behalf whether the amount of money you have transferred to us or whether your profits and losses are consistent with your financial assets and earnings. It is left up to you to assess whether your financial resources are adequate and what level of risk to take
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APPROPRIATENESS AND SUITABILITY. The financial and investment instruments mentioned on this Website may not be appropriate or suitable for all investors. Your individual investment objectives and financial position were not considered in the preparation of the materials on this Website. The materials and/or opinions and/or investment options and/or other information made available to you by way of this Website constitutes neither a representation that any investment option or financial instrument is appropriate or suitable for you, nor a recommendation that you enter into a specific investment transaction. You must make your own independent financial decisions with regard to undertaking certain investments and consider whether any investment is appropriate for you in view of your investment objections and financial position.
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APPROPRIATENESS AND SUITABILITY. 5.1. The Company performs Suitability and Appropriateness Tests prior to the provision of Services related to Portfolio Management. The Company may also request the tests be re- performed in the event of substantial change to the information provided by the Client and/or for any other reason. 5.2. The Company’s Portfolio Management Services are available only to, and may only be used by Persons (a) who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of using the Company’s Portfolio Management Services and (b) who have done so without relying on any information contained on, or in the Company’s Website(s) and/or otherwise provided by the Company in relation thereto. 5.3. In particular, where the Company provides Portfolio Management Services to the Client, the Company will only do this having ascertained that the relevant services and/or products are suitable and appropriate for the Client’s needs. This assessment will take into account the Client’s knowledge and experience of the type of relevant service and/or product, as well as the Client’s investment objectives and the level of risk suitable to the Client’s portfolio, based on the information provided by the Client in the Client’s Profile. If the Client is a company, the company can designate the directors or the ultimate beneficial owner(s) as the person(s) to be assessed for knowledge and experience. 5.4. In accordance with the foregoing, the Client hereby represents, warrants and covenants, without prejudice to any other representations, warranties and/or covenants made under this Agreement (a) that the Client has sufficient knowledge and experience in financial matters to be capable of evaluating the merits and risks of trading in financial instruments; (b) that the Client has done so without relying on any information contained on or Website(s) and/or otherwise provided by the Company in relation thereto; (c) that the Client acts as Principal and sole beneficial owner (but not as trustee) in entering into this Agreement; (d) that, regardless of any subsequent determination to the contrary, trading in financial instruments (and in such other investments as the Company may from time to time agree with the Client) is suitable for the Client and that the Client is aware of all risks involved with such transactions; (e) that the Client is willing and financially able to sustain a total loss of funds resulting from any such transactions in f...
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Related to APPROPRIATENESS AND SUITABILITY

  • Suitability The Dealer Manager will offer Shares, and in its agreement with each Soliciting Dealer will require that the Soliciting Dealer offer Shares, only to Persons that it has reasonable grounds to believe meet the financial qualifications set forth in the Prospectus or in any suitability letter or memorandum sent to it by the Company and will only make offers to Persons in the states in which it is advised in writing by the Company that the Shares are qualified for sale or that such qualification is not required. In offering Shares, the Dealer Manager will comply, and in its agreements with the Soliciting Dealers, the Dealer Manager will require that the Soliciting Dealers comply, with the provisions of all applicable rules and regulations relating to suitability of investors, including without limitation the FINRA Conduct Rules and the provisions of Article III.C. of the Statement of Policy Regarding Real Estate Investment Trusts of the North American Securities Administrators Association, Inc. (the “NASAA Guidelines”). The Dealer Manager agrees that in recommending the purchase of the Shares in the Primary Offering to an investor, the Dealer Manager and each Person associated with the Dealer Manager that make such recommendation shall have, and each Soliciting Dealer in its Soliciting Dealer Agreement shall agree with respect to investors to which it makes a recommendation shall agree that it shall have, reasonable grounds to believe, on the basis of information obtained from the investor concerning the investor’s investment objectives, other investments, financial situation and needs, and any other information known by the Dealer Manager, the Person associated with the Dealer Manager or the Soliciting Dealer that: (i) the investor is or will be in a financial position appropriate to enable the investor to realize to a significant extent the benefits described in the Prospectus, including the tax benefits where they are a significant aspect of the Company; (ii) the investor has a fair market net worth sufficient to sustain the risks inherent in the program, including loss of investment and lack of liquidity; and (iii) an investment in the Shares offered in the Primary Offering is otherwise suitable for the investor. The Dealer Manager agrees as to investors to whom it makes a recommendation with respect to the purchase of the Shares in the Primary Offering (and each Soliciting Dealer in its Soliciting Dealer Agreement shall agree, with respect to investors to whom it makes such recommendations) to maintain in the files of the Dealer Manager (or the Soliciting Dealer, as applicable) documents disclosing the basis upon which the determination of suitability was reached as to each investor. In making the determinations as to financial qualifications and as to suitability required by the NASAA Guidelines, the Dealer Manager and Soliciting Dealers may rely on (A) representations from investment advisers who are not affiliated with a Soliciting Dealer, banks acting as trustees or fiduciaries, and (B) information it has obtained from a prospective investor, including such information as the investment objectives, other investments, financial situation and needs of the Person or any other information known by the Dealer Manager (or Soliciting Dealer, as applicable), after due inquiry. Notwithstanding the foregoing, the Dealer Manager shall not, and each Soliciting Dealer shall agree not to, execute any transaction in the Company in a discretionary account without prior written approval of the transaction by the customer.

  • Constructability Review Prepare detailed interdisciplinary constructability review within Fourteen (14) days of receipt of the plans from the District that: 10.1.2.1.6.1 Ensures construction documents are well coordinated and reviewed for errors; 10.1.2.1.6.2 Identifies to the extent known, construction deficiencies and areas of concern; 10.1.2.1.6.3 Back-checks design drawings for inclusion of modifications; and 10.1.2.1.6.4 Provides the District with written confirmation that: 10.1.2.1.6.4.1 Requirements noted in the design documents prepared for the Project are consistent with and conform to the District's Project requirements and design standards. 10.1.2.1.6.4.2 Various components have been coordinated and are consistent with each other so as to minimize conflicts within or between components of the design documents.

  • Evaluation 1. The purposes of evaluation provisions include providing employees with feedback, and employers and employees with the opportunity and responsibility to address concerns. Where a grievance proceeds to arbitration, the arbitrator must consider these purposes, and may relieve on just and reasonable terms against breaches of time limits or other procedural requirements.

  • Internal Investigations (A) The parties recognize that Florida Highway Patrol personnel occupy a special place in American society. Therefore, it is understood that the state has the right to expect that a professional standard of conduct be adhered to by all Florida Highway Patrol personnel regardless of rank or assignment. Since internal investigations may be undertaken to inquire into complaints of Florida Highway Patrol misconduct, the state reserves the right to conduct such investigations to uncover the facts in each case, but expressly agrees to carefully guard and protect the rights and dignity of accused personnel. In the course of an internal investigation, the investigative methods employed will be consistent with the law (including but not limited to section 112.532, F.S.) and this agreement; nothing in this agreement, however, shall be deemed to diminish the rights of employees under applicable law. (B) When an allegation is made against an employee, the state will make every reasonable effort to ensure that the allegation and any related statements are reduced to writing, under oath, and signed. The written allegation shall be known as a complaint. (C) When an employee is to be questioned or interviewed concerning a complaint or allegation, the employee will be informed prior to the interview of the nature of the investigation and whether he is the subject of the investigation or a witness in an investigation. Employees shall be informed of the right to have a union representative in attendance at the interview and where requested, an employee shall be given 48 hours to contact, consult with, and secure the attendance of a representative at the interview. If he is the subject of the investigation, the employee and his representative will also be informed of each complaint or allegation against him and they shall be permitted to review all written statements and recordings made by the complainant and witnesses at least two hours prior to the commencement of the interview in accordance with section 112, F.S. In the event the written statement or recordings are such that additional review time is warranted, the employee may request, and be granted, additional time unless the request is made for the purposes of delay. Pursuant to section 112.533, F.S., the employee who is the subject of the investigation shall not disclose the contents to anyone other than his representative or attorney until the investigation is complete. (D) Interviews and questioning of employees shall be conducted in a professional manner. Statements from an employee shall not be taken in a coercive manner. (E) The formal interrogation of an employee shall comply with the provisions of section 112.532, F.S. The employee shall receive a copy of his written or recorded statement at no cost to the employee. No recording or transcription of the investigative interview will be made without the knowledge of all participants present at the interview. (F) In cases where the agency determines that the employee’s absence from the work location is essential to the investigation and the employee cannot be reassigned to other duties pending completion of the investigation, the employee shall be placed on administrative leave with pay. Such leave shall be in accordance with Chapter 60L-34, F.A.C. (G) Unless required by statute, no employee shall be required to submit to a polygraph test or any device designed to measure the truthfulness of his responses during an investigation of a complaint or allegation. (H) Only sustained findings may be inserted in personnel records. Unfounded findings shall not be inserted in permanent personnel records or referred to in performance reviews. (I) Internal investigations will ordinarily be completed within 45 days from the date the complaint is filed, unless circumstances necessitate a longer period. An investigation shall not exceed 120 days without the approval of the Agency Head or designee. Except in the case of a criminal investigation, the employee shall be notified in writing of any investigation that exceeds 120 days. (J) The employee under investigation shall be advised in writing of the results of the investigation at its conclusion. (K) The state will make a good faith effort to train persons who investigate charges against employees in the investigative rights reserved for those employees in the interest of avoiding infringement of those rights. (L) In the case of criminal, non-administrative internal investigation into the criminal misconduct of a sworn employee, the provisions of (B) through (K) shall not apply.

  • Experience, Financial Capability and Suitability Subscriber is: (i) sophisticated in financial matters and is able to evaluate the risks and benefits of the investment in the Shares and (ii) able to bear the economic risk of its investment in the Shares for an indefinite period of time because the Shares have not been registered under the Securities Act (as defined below) and therefore cannot be sold unless subsequently registered under the Securities Act or an exemption from such registration is available. Subscriber is capable of evaluating the merits and risks of its investment in the Company and has the capacity to protect its own interests. Subscriber must bear the economic risk of this investment until the Shares are sold pursuant to: (i) an effective registration statement under the Securities Act or (ii) an exemption from registration available with respect to such sale. Subscriber is able to bear the economic risks of an investment in the Shares and to afford a complete loss of Subscriber’s investment in the Shares.