Common use of Client Classification Clause in Contracts

Client Classification. 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 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 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 provide 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 must immediately notify the insurers or us of any changes to the information that you have already provided. Failure to provide accurate and up to date information may invalidate your 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 inception and throughout the period of the policy. Again, failure to disclose material information may invalidate your insurance 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 3 contracts

Sources: Client Agreement, Client Agreement, Client Agreement

Client Classification. As a client 3.1 For the purposes of Willow Financial Planning Limited we will classify you as a ‘retail client’ for investment the FCA Rules and pension advice and as a ‘consumer’ for protection advice. This will provide you with the 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 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 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 to the insurance company. For all individuals (known you with, best execution and information regarding our fees and commissions paid or received; 3.3 If you are classified as consumers) buying insurance this means a “Professional Client” and notify us in writing that you must take ‘reasonable care’ wish to answer all questions asked 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 the insurer fully 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 accurately. For general insurance policies such as car insurance or liability insurance, once cover has been arranged, acknowledge that you must immediately notify the insurers or are responsible for keeping us informed about any change that could affect your client classification. 3.7 You agree to inform us of any changes event affecting your ability to the information that you have already provided. Failure to provide accurate undertake and up to date information may invalidate discharge your 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 inception and throughout the period of the policy. Again, failure to disclose material information may invalidate your insurance 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 elseobligations.

Appears in 3 contracts

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

Client Classification. As ‌ 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 client 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 Willow Financial Planning Limited we will classify 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’ Retail Client for investment the purposes of the CySEC Rules and pension advice and 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 ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ informing the relevant persons about your wish to be treated as a ‘consumer’ for 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 advicethat is afforded by CySEC Regulations and other Applicable Regulations may differ. This 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 provide rely on the accuracy, completeness and correctness of the information provided by you with in your Account Opening Application Form and the maximum regulatory protections available Appropriateness test. You have the responsibility to you. Should your classification change in the future, we will advise you accordingly immediately notify us in writing and obtain your agreement before proceeding with if such information changes at 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 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 provide 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 must immediately notify the insurers or us of any changes to the information that you have already provided. Failure to provide accurate and up to date information may invalidate your 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 inception and throughout the period of the policy. Again, failure to disclose material information may invalidate your insurance 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 elsetime thereafter.

Appears in 2 contracts

Sources: Client Agreement, Client Agreement

Client Classification. As a client 3.1 For the purposes of Willow Financial Planning Limited we will classify you as a ‘retail client’ for investment the FCA Rules and pension advice and as a ‘consumer’ for protection advice. This will provide you with the 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 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 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 to the insurance company. For all individuals (known you with, best execution and information regarding our fees and commissions paid or received. 3.3 If you are classified as consumers) buying insurance this means a “Professional Client” and notify us in writing that you must take ‘reasonable care’ wish to answer all questions asked 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 below. This will not affect other provisions 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 insurer fully Financial Conduct Authority 437558, ▇▇▇.▇▇▇.▇▇▇.▇▇/▇▇▇▇▇▇▇▇ , and accuratelyis a member of the London Stock Exchange. For general insurance policies such as car insurance or liability insuranceGlobal Investment Strategy UK Limited is a company incorporated in England and Wales with company number 04576299 and whose registered office is at: ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, once cover has been arranged, you must immediately notify the insurers or ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ 3.7 You agree to inform us of any changes event affecting your ability to the information that you have already provided. Failure to provide accurate undertake and up to date information may invalidate discharge your 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 inception and throughout the period of the policy. Again, failure to disclose material information may invalidate your insurance 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 elseobligations.

Appears in 2 contracts

Sources: Professional Clients and Eligible Counterparty Agreement, Professional Clients and Eligible Counterparty Agreement

Client Classification. As a client 3.1 For the purposes of Willow Financial Planning Limited the services provided by us under these Terms we will classify may treat you as a ‘retail client’ for investment Retail Client, Professional Client or as an Eligible Counterparty (“ECP”), as applicable based on FCA Rules and pension advice and as our internal policies including Classification Policy. 3.2 As a ‘consumer’ for protection adviceProfessional Client you have the right to request a different Client Categorisation benefitting from a higher level of regulatory protection. This will provide However, we are not obliged to accept any such request. 3.3 Until you with the maximum regulatory protections available to you. Should your classification change in the futurereceive notification of re-categorisation from us, we will advise treat you accordingly in writing 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 ▇▇▇▇▇ ▇▇ and obtain 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 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 Account we are required by themFCA Rules to carry out an Appropriateness Assessment. We prefer our clients will do this by asking you to give us instructions answer certain questions, contained in writing to avoid possible disputes. We will, however, accept oral instructions providing they are subsequently confirmed in writing. Any advice the Client Application Form so that we give you will normally be in writing, but if given orally will be recorded on can assess your file. Where any recommendation we make, knowledge and experience of the relevant product or transaction we undertake for service. 3.6 When assessing your Client Categorisation and afterwards when dealing with you, results in a right to cancel the policy under certain conditions, we will advise 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 us immediately 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 change so that we are transacting for you. If this happens, or can consider your categorisation. 3.8 We may review your Client Categorisation from time to time and if we become aware that our interests you no longer fulfil the conditions set in regard to the categorisation you fall under or those 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 one re- categorisation you will be treated as the category you are classed as at the time of our other customers conflict with request. Registered Address: Office ▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇ ▇▇▇| ▇▇ Registered in England & Wales, Company Number 07604372 Version 2 – 03rd July 2020: Customer Agreement for Professional and Eligible Counterparty Clients page 7 3.9 You acknowledge that the Services that Tera offers you may depend on 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, chequesClient Categorisation, and paperwork that all Services may therefore not be sent by post at available to all types of Clients. 3.10 We reserve 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 right to choose whether 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 not to provide services under the information requested about your circumstances then we may decline classification following the outcome of a further Appropriateness Assessment. 3.11 These Terms of Business are applicable to continue with the business relationship since we would not be able ▇▇▇▇’s clients who are categorisied as Professional Clients according 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 provide 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 must immediately notify the insurers or us of any changes to the information that you have already provided. Failure to provide accurate and up to date information may invalidate your 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 inception and throughout the period of the policy. Again, failure to disclose material information may invalidate your insurance 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 elseClassification Policy.

Appears in 1 contract

Sources: Customer Agreement

Client Classification. As a client All clients with whom the firm conducts business are firstly classified into one of Willow Financial Planning Limited we will three areas. These are retail, professional or eligible counterparty categories, which ultimately allows us to identify the level of regulatory protection in each case. We propose to classify you as a ‘retail client’ Retail Client for investment purposes affording you the maximum protection under current legislation, unless we inform you in writing of an alternative classification. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Financial Advisers Ltd is authorised and pension regulated by the Financial Conduct Authority. Registered in England & Wales No.10637562 | Registered office: The Lodge, ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇. ▇▇▇ ▇▇▇ Objectives and Restrictions Following the issue of this Agreement, any subsequent advice or recommendation offered to you will be based on your stated investment objectives, an agreed acceptable level of risk and any instructions you may wish to make regarding the type of investments or policies you are willing to consider. Details of your stated investment objectives will be included in the suitability report we will issue confirming our recommendations. Under normal circumstances we will assume that you do not wish to place any restrictions on the advice we give you. Communication We will communicate with you in English, both verbally and written in all cases. We consider e-mails to have the same status as written documents on the understanding these are received from a previously confirmed e-mail address. We are unable to provide a guarantee that any e-mail sent will be received, or that the contents of any such messages will remain private during Internet transmission. We accept no liability for any damages that you or any others may suffer as a ‘consumer’ for protection adviceresult of the alteration or loss of confidentiality of any e-mailed information. This will provide you with the 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, We virus scan all e-mails but will not be liable responsible for any depreciation of investments arranged damage caused by thema virus or alteration by a third party after it is sent. We prefer our clients to give us instructions in writing to avoid possible disputesrecommend that you employ virus protection measures when accessing e-mails from us. We will, however, accept oral instructions providing they are subsequently confirmed in writingcan also offer secure messaging through end-to-end encryption solutions on our Client Portal. Any advice we give For more information on this service please ask your adviser. Cancellation Rights We will always inform you of your statutory right to cancel. You will normally be granted 30 days 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 which to cancel the policy under certain conditionsa life or pension contract, we will advise you of these rights. We will also tell you if you do not have a right to cancel the arrangement. There however there may be occasions where wethis period is 14 days or that no statutory rights are granted. This will be explained before any contract is concluded. Paying by commission – (product charges) If we arrange a Non Retail Investment Product for you, we may receive commission from the product provider. Although you pay nothing up front, that does not mean our service is free. You still pay us indirectly through the product charges. We will advise you in writing where any commission is not sufficient to cover our charges. Material Interest We will always act honestly, fairly and professionally when dealing with you. Occasionally situations may arise where we or one of our customers, will clients have some form of interest in the business that we are transacting being transacted for you. If this happens, happens or we become aware that our interests or those of one of our other customers clients’ conflict with your interestsinterest, we will inform write to you in writing and obtain your consent before we carry out your instructions, and detail the steps we will take to ensure fair treatment. You can request a copy of our conflict of interest policy at any time. Investment Risks All investments carry a degree of financial risk that will usually increase in line with the potential rate of return on a particular investment (i.e. the higher the level of potential return, the higher the level of risk one may have to take). You should ensure that you are fully aware of the risks associated with the product and are content to accept the risks involved. Who Regulates Us Park Lane Independent Financial Advisers Ltd is authorised and regulated by the Financial Conduct Authority (FCA) who are an independent watchdog that regulates financial services. Our FCA firm reference number is 832607. You can check this information by visiting the FCA website at ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇.▇▇▇.▇▇ or by contacting the FCA on 0800 111 6768. What to do if you have a complaint? If you should have any complaint about the advice you receive or a product which you have purchased, please contact our Compliance Officer, in writing to - The Compliance Officer, Park Lane Independent Financial Advisers Ltd, Park Lane Business Centre, Park Lane, Langham, Colchester, Essex, CO4 5WR, or telephone – ▇▇▇▇▇ ▇▇▇▇▇▇, or email – ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇ , giving details of your complaint. We will provide you with a copy of our formal complaints procedure upon request or upon receipt of a complaint. If we can continue are unable to act resolve a complaint to your satisfaction you may have the right to take your complaint to the Financial Ombudsman Service. Are we covered by the Financial Services Compensation Scheme (FSCS)? We maintain professional indemnity insurance to enable us to meet any liabilities that may arise on us in respect of our obligations to you for services performed on your behalf. We are covered by the FSCS. You may be entitled to compensation from the scheme if for any reason we cannot meet our obligations. This will however depend on the type of business and the circumstances of the claim. Investments Most types of investment business are covered up to a maximum limit of £85,000. Insurance Non-compulsory insurance provision for both general and pure protection contracts (such as term assurance, critical illness and most income protection policies) are covered for 90% of the claim with no upper limit. Further information about the compensation scheme arrangements is available from the FSCS. Instructions To avoid disputes we require our clients to give us instructions in writing / email in respect of all investment transactions. We will however, accept oral instructions to commence a life / pension policy provided they are subsequently confirmed in writing. All advice given by Park Lane Independent Financial Advisers Ltd will be provided in writing, or if given verbally will be confirmed in writing subsequently to ensure clarity of information. Further contact and advice Where we have arranged and implemented any investment for you, we will tell agree an on-going service level based on your circumstances and needs and the level of charge you how are willing to pay. If you do not agree to one of our service plans at the time of implementation, we will ensure not monitor or review the appropriateness of the advice provided nor provide any future advice. We will of course be pleased to advise you again in the future at your interests are protectedrequest, subject to our normal fee levels applicable at that time. On occasions we may have We will make arrangements for all your investments 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 be registered in your name unless you first instruct us otherwise agreed in writing. Additionally, We will forward to you all documents showing ownership of your investments as soon as practical after we will ensure you receive either a contract note, documents of title, or certificates evidencing titlethem. Where a number of documents relating to a series of transactions is are involved, the documents we will normally be retained hold each document until the series is completed. All documents, cheques, complete 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 then forward them 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 provide 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 must immediately notify the insurers or us of any changes to the information that you have already provided. Failure to provide accurate and up to date information may invalidate your 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 inception and throughout the period of the policy. Again, failure to disclose material information may invalidate your insurance 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 1 contract

Sources: Client Agreement