Client Categorisation Clause Samples
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Client Categorisation. As per the provisions of ▇▇▇▇▇ ▇▇, 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, in accordance with 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 their 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. MiFID II establishes certain criteria, which the Company shall follow when categorising the clients and communicates the outcome to them by email. These criteria have been incorporated into the Client Categorization Policy of the Company. Following the provisions of ▇▇▇▇▇ ▇▇, the Company acknowledges that the level of regulatory protection varies according to each category of clients. More specifically, Retail Clients are to afford the most regulatory protection. Professional Clients and Eligible Counterparties are deemed to be more experienced, knowledgeable and sophisticated and able to assess the risks involved. As a result, they are to be afforded fewer regulatory protections. The Client shall inform the Company immediately in case the Client’s personal information changes. In the event that the Client wishes to be recategorized, he must inform the Company in writing, clearly stating such a wish, as per the provisions of the Client Categorisation Policy, uploaded on the website. The final decision for the change in the Client’s categorization, however, is in the absolute discretion of the Company. The Client is bound by the method and process of categorization as this is defined and thoroughly explained in the “Client Categorisation Policy” which can be found on the Company’s website. Therefore, by accepting these terms and conditions, the client accepts the application of the categorization method. The client acknowledges and accepts that he has read and accepted the “Client Categorization Policy” document, provided during the registration process and which is uploaded on the Company’s official website. The Company reserves its right to revoke or change its Client Categorization Policy at any time as this will be announced on the Company’s website.
Client Categorisation. 4.1. According to Applicable Regulations, the Company has to categorize its Clients in one of the following categories: Retail Client, Professional Client or Eligible Counterparty. This categorization shall depend on the information provided by the Client in his Account Opening Application Form and according to the method of categorisation as this method is explained under the Client Categorisation Policy. By accepting this Agreement, the Client accepts application of such method. The Company will inform the Client of his categorization according to Applicable Regulations. The Client has the right to request different categorization. Categorization as a Retail Client offers greater protection. Retail Clients are entitled to more detailed information under Applicable Regulations. 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.
4.2. The Client accepts that when categorising the Client and dealing with him, the Company will rely on the accuracy, completeness and correctness of the information provided by the Client in his Account Opening Application Form and the Client has the responsibility to immediately notify the Company in writing if such information changes at any time thereafter.
4.3. It is understood that the Company has the right to review the Client’s categorisation and change his categorisation if this is deemed necessary (subject to Applicable Regulations).
Client Categorisation. 4.1. The client understands and accepts that each category of Clients has its individual level of regulative protection acknowledging that Retail Clients have the highest level of protection whereas Professional Clients and Eligible Counterparties are considered to be more experienced, informed, skilled and able to estimate their risk, therefore are provided with a lower level of protection.
4.2. The Company will treat the Client as a Retail Client, Professional Client or Eligible Counterparty, depending on how the Client completes the Application Form and according to the method of categorisation as this method is explained under the title “Client Categorisation” (Appendix II), and by accepting this Agreement the Client accepts application of such method.
4.3. The Client accepts that when categorising the Client and dealing with him, the Company will rely on the accuracy, completeness and correctness of the information provided by the Client in his Application Form and the Client has the responsibility to immediately notify the Company in writing if such information changes.
4.4. The Company has the right to review the Client’s Categorisation and change his Categorisation if this is deemed necessary (subject to Applicable Laws).
Client Categorisation. 6.1. The Company attaches different levels of regulatory protection to each category and hence to Clients within each category. In particular, Retail Clients are afforded the most regulatory protection; Professional Clients and ECPs are considered to be more experienced, knowledgeable and sophisticated and able to assess their own risk and are thus afforded fewer regulatory protections.
6.2. The Company offers its Clients the possibility to request re-categorisation and thus to increase or decrease the level of regulatory protections afforded. Where a Client requests a different categorisation (either on an overall level or on a product level), the Client needs to meet certain specified quantitative and qualitative criteria.
6.3. On the basis of the Client’s request, the Company undertakes an adequate assessment of the expertise, experience and knowledge of the Client to give reasonable assurance, in the light of the nature of transactions or services envisaged that the Client is capable of making his/ her own investment decisions and understanding the risks involved. However, if the above- mentioned criteria are not met, the Company reserves the right to choose whether to provide services under the requested categorisation.
Client Categorisation. 4.1 The Company only provide you with our services in accordance with our policies and procedures and so long as it is not in breach of any of our legal obligations.
4.2 In accordance with Applicable Regulations, including the Law 87(I)/2017 as well as the implementation of the MiFID II, the Company is required under the Law transposing MiFID II to categorize any Client as eligible Counterparty, Professional Client or Retail Client so that when carrying out business with a Client, the Company can provide the level of information, services and protection that is appropriate to and consistent with a Client categorization. The Client categorisation is made in accordance with the information provided to the Company during the Account opening procedure.
4.3 The Client shall inform the Company in case the Client’s personal information change. In the event that the Client wishes to be re-categorised the Client must inform the Company inwriting, clearly stating such a wish. The final decision of the change in categorization however lies in the absolute discretion of the Company and always in accordance with the applicable rules.
4.4 The client is bound by the method and process of categorisation as this is defined and thoroughly explained in the “Client Categorisation Policy” which is available in our website.Therefore, by accepting this Agreement, the Client accepts the application of the categorisation method as this is defined in the said Policy.
Client Categorisation. 4.1. According to Applicable Regulations, the Company has to categorise its Cli ents in one of the following categories: Retail Client, Professional Client or Eligible Counterparty. How- ever, the Company’s decision is not to deal with any Retail Clients and, therefore, if you do not qualify as a Professional Client or Eligible Counterparty, you will be rejected. If you qualify as either a Professional Client or Eligible Counterparty, your categorisation shall depend on the information provided by you in the Account Opening Application Form and according to the method of categorisation, as this method is explained under the document “Client Categorisation Policy”. By accepting this Agreement, the Client accepts application of such method. The Company will inform the Client of his categorisation according to Applicable Regula- tions. The Client has the right to request different categorisation, as per the provisions of the “Client Categorisation Policy”. You are requested to read the protections Retail Cli- ents are afforded but you will waive, once classified as a Professional Client or an Eligible Counterparty, in the Client Categorisation Policy.
4.2. The Client accepts that when categorising the Client and dealing with him, the Company will rely on the accuracy, completeness and correctness of the information provided by the Client in his Account Opening Application Form and the Client has the responsibility to im- mediately notify the Company in writing if such information changes at any time thereafter.
4.3. It is understood that the Company has the right to review the Client’s categorisation and change his categorisation if this is deemed necessary by the Company (subject to Applica- ble Regulations).
Client Categorisation. 4.1 Unless we notify you in writing to the contrary, we will be treating you as a “Retail Client” for regulatory purposes. This means that you are afforded the highest level of protection under the regulatory system and may have the right to take any complaint to the FOS.
4.2 If you do not wish to be treated as a Retail Client, then you may request to be treated as a “Professional Client”. Please note that the levels of protection afforded as a Professional Client are significantly reduced from those of a Retail Client. In particular, you may not have the right to take any complaint to the FOS and FCSC compensation rules may not apply to you.
Client Categorisation. 7.1. The Company will deal with the Client according to the rules of professional conduct based on which the Client will be treated as a Retail Client, Professional Client or Eligible Counterparty in accordance with the information provided to the Company during the Account Opening Procedure.
Client Categorisation. 4.1. According to Applicable Regulations, the Company has to categorise its Clients in one of the following categories: Retail Client, Professional Client or Eligible Counterparty. The categorisation shall depend on the information provided by the Client in his Account Opening Application Form and according to the method of categorisation as this method is explained under the document “Client Categorisation Policy”. By accepting this Agreement, the Client accepts application of such method. The Company will inform the Client of his categorisation according to Applicable Regulations. The Client has the right to request different categorisation as per the provisions of the “Client Categorisation Policy”.
4.2. The Client accepts that when categorising the Client and dealing with him, the Company will rely on the accuracy, completeness and correctness of the information provided by the Client in his Account Opening Application Form and the Client has the responsibility to immediately notify the Company in writing if such information changes at any time thereafter.
4.3. It is understood that the Company has the right to review the Client’s categorisation and change his categorisation if this is deemed necessary by the Company (subject to Applicable Regulations).
Client Categorisation. Unless we have specifically notified you in writing to the contrary, we have categorised you as a Retail Client under the rules set out in the MiFID Regulations. You expressly consent and agree to your Client categorisation. Categorisation as a Retail Client affords you the highest degree of consumer protection under the MiFID II Rules. You have the right to request a different client categorisation, although we are not bound to agree to such a request. However, if we do agree to such a request and you are re-categorised, you will lose the benefit of certain protections (as summarised in Appendix 1) set out under the MiFID II Rules. If, following such a request, you are re-categorised as a Professional Client, you must keep us informed of any change in your circumstances which may affect your categorisation as a Professional Client. We will specifically notify you in writing if we have categorised you as a Professional Client.