Client Classification. 3.1 For the purposes of the FCA Rules and 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 you with, best execution and information regarding our fees and commissions paid or received; 3.3 If you are classified as a “Professional Client” and notify us in writing that you wish to 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 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 acknowledge that you are responsible for keeping us informed about any change that could affect your client classification. 3.7 You agree to inform us of any event affecting your ability to undertake and discharge your obligations.
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. 3.1 For 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 purposes 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 FCA Rules 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 providedprovide 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 shall be classified as either a “Professional Client” must immediately notify the insurers 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 you with, best execution and information regarding our fees and commissions paid or received;
3.3 If you are classified as a “Professional Client” and notify us in writing that you wish to 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 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 acknowledge that you are responsible for keeping us informed about any change that could affect your client classification.
3.7 You agree to inform us of any event affecting changes to the information that you have already provided. Failure to provide accurate and up to date information may invalidate your ability 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 undertake inception and discharge throughout the period of the policy. Again, failure to disclose material information may invalidate your obligationsinsurance 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. 3.1 For Each client with whom the purposes firm does business is categorised to identify the level of regulatory protection. We propose to classify you as ‘Retail Client’ for Investment purposes; which gives you the FCA Rules and based upon the information you have provided, you shall be classified as either a “Professional Client” or an “Eligible Counterparty”highest level of regulatory protection. We will inform communicate with you in English both verbally and in writing. For plans that have been arranged you need to ensure these remain relevant to your personal circumstances. For any plan involving investments we recommend that you reconsider the fund choice regularly. We do not undertake to review all plans at specific intervals but you can contact us at any point for advice on your plan. For certain plans we will agree a regular review and this will be stated in your suitability letter at the time the plan is taken out. Future reviews may incur a charge which will be confirmed in advance. On issue of this letter any subsequent advice or recommendation offered to you will be based upon your client categorisation in a separate notification.
3.2 If stated investment objectives, acceptable level of risk and any restrictions you wish to place on the type of investments or policies you are classified as an “Eligible Counterparty”:
3.2.1 You willing to consider. We will receive from us provide you with a suitability 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 to confirm our recommendation. We will not be granted a number of place any restrictions on our recommendations. Unless advised to 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 you withcontrary, best execution and information regarding our fees and commissions paid or received;
3.3 If you are classified as a “Professional Client” and notify us in writing we will assume that you wish to be classified as an “Eligible Counterparty” place no restrictions on the types of investment we may recommend and in which you meet the criteria for such classification, we will treat you as an “eligible counterparty” until you notify us in writing otherwisemay subsequently invest. We will notify also assume that you if wish to place no restrictions on the markets in which transactions are to be executed. Richardsons Financial Services does not handle clients’ money. We never handle cash or accept a cheque made out to us unless the cheque is in settlement of charges or disbursements for which we have reason to believe that sent you no longer meet the criteria an invoice. We will also make arrangements for such classification. You may request all your investments to be classified registered in your name unless you first instruct us otherwise in writing. We will forward you all documents showing ownership of your investments as soon as practicable after we receive them. Where a “retail client”, howevernumber of documents are due involving a series of transactions, we may be unable normally hold each document until the series is complete then forward them to transact any business with you on that basisyou.
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 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 acknowledge that you are responsible for keeping us informed about any change that could affect your client classification.
3.7 You agree to inform us of any event affecting your ability to undertake and discharge your obligations.
Appears in 2 contracts
Client Classification. 3.1 For 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 purposes 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 FCA Rules 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 providedprovide 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 shall 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 classified as either a “Professional Client” 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 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 terms) prior to inception and throughout the event of conflict between these Terms and the contents 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. This agreement will remain effective and in force until such time that you, or we, wish to terminate the agreement. Either party may terminate our authority to act on your behalf at any time without penalty. Notice Letter, of this termination must be given in writing by first class post. It will be deemed to be received 2 business days after being posted. Any business currently being completed will be completed unless we receive your instructions to the Notice Letter shall prevail;
3.2.3 You contrary. Any fees outstanding at the date of termination will be due within four weeks of the termination date The company will not be granted a number of the statutory and regulatory protections applicable to “Professional held responsible for any delay beyond its control, or Retail Clients”. GIS opts out of Client Money protections for Eligible Counterparties. We are not required to provide you with, best execution and information regarding our fees and commissions paid or received;
3.3 If you are classified as a “Professional Client” result of a failure by any party (including the client) to complete all the necessary steps to process a transaction. Clients should be aware that the value of any investment made or withdrawals taken can fluctuate while being processed and notify us in writing that you wish to 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 Appendix 3 (2.1) below. This Company 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 acknowledge that you are be held responsible for keeping us informed about any change that could affect your client classificationchanges to the expected value.
3.7 You agree to inform us of any event affecting your ability to undertake and discharge your obligations.
Appears in 1 contract
Sources: Client Agreement
Client Classification. 3.1 For All clients must be identified as either Retail or Professional Clients. In your case we will identify you as a Retail Client. Retail Clients are by far the purposes largest category of client. These clients rely on the firm to provide regulated advice and are therefore owed the highest duty of care by their adviser. Professional Clients are clients who by their profession or investment experience may wish to be treated as a Professional Client. Should you elect to be a Professional Client we will give a written warning that you will lose the benefits of the arrangement under the Financial Services and Markets ▇▇▇ ▇▇▇▇ (except where there is a distance contract in place) which provides for the protection of clients. On occasions when it may be necessary to conduct our business without any personal contact, we will advise you if this requires the creation of a distance contract between us. In this contract, you will be provided with additional information as required by the directive. Pensionhelp takes care to provide the highest standards of service. However, in the event that you should have a complaint, please contact the Compliance Officer at Pensionhelp on 0161 956 2328 or in writing to Compliance Officer, Pensionhelp at Pensionhelp Ltd, ▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Manchester, M3 4EB. We will formally acknowledge your complaint and send you a copy of our formal complaints procedure. We will investigate the matter in line with our procedures and in accordance with the FCA Rules and based upon the information you have provided, you shall be classified as either a “Professional Client” or an “Eligible Counterparty”will report our findings. We will inform you of your client categorisation in a separate notification.
3.2 If you are classified as still unhappy with the outcome you will have the right to take an “Eligible Counterparty”:
3.2.1 You eligible complaint to the Financial Ombudsman Service and we will receive from us a letter provide details 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 how to “Professional or Retail Clients”. GIS opts out of Client Money protections for Eligible Counterpartiesdo so at that stage. We are not required to provide you with, best execution and information regarding our fees and commissions paid or received;
3.3 covered by the Financial Services Compensation Scheme – FSCS. If you make a valid claim against the company in respect of the advice provided and we are classified unable to meet our liabilities in full, you may be entitled to redress from the FSCS. The FSCS provides protection against an authorised investment firm going out of business. If your complaint relates to products or services you have bought from us online, or by any other electronic means such as a “Professional Client” by email, you may refer your complaint to the online dispute resolution (ODR) platform at ▇▇▇▇://▇▇.▇▇▇▇▇▇.▇▇/odr This agreement may be terminated, in writing, by either party giving not less than 10 business days’ notice to the other party, but without prejudice to the completion of transactions already initiated. You will be liable to pay for any transactions made prior to termination and notify any fees outstanding, if applicable. Ongoing services can be cancelled at any time without penalty by simply informing us in writing writing, but please note that we reserve the right to charge you wish for services provided prior to be classified as an “Eligible Counterparty” cancellation. The amount of redress available will depend on the type of business and you meet the criteria circumstances of the claim: TYPE OF BUSINESS MAXIMUM FSCS COMPENSATION Deposits: £85,000 per person per firm (for such classificationclaims against firms declared in default from 30 January 2017) 100% OF £85,000 Investments: £50,000 per person per firm (for claims against firms declared in default from 1 January 2010) 100% of the first £85,000 Insurance Business No upper limit on the amount of protection (for claims against firms declared in default from 3 July 2015). Long-term insurance benefits protected 100%. Claims under compulsory insurance, we will treat you as an “eligible counterparty” until you notify us in writing otherwiseprofessional insurance and certain claims for injury, sickness or infirmity of policyholder are protected at 100%. We will notify you if we have reason to believe that you FSCS protects 90% of other types of claim with no longer meet upper limit. Further information is available from 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 basisFSCS at ▇▇▇.
3.4 As a ▇▇▇▇.▇▇▇.▇▇ Pensionhelp Limited maintains 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 Appendix 3 (2.1) below. This will not affect other Terms in this AgreementIndemnity Insurance.
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.
3.7 You agree to inform us of any event affecting your ability to undertake and discharge your obligations.
Appears in 1 contract
Sources: Client Agreement
Client Classification. 3.1 For As a client of Callaway ▇▇▇▇▇ Associates 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 purposes 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. Callaway ▇▇▇▇▇ Associates Limited will exercise due care and diligence in conducting their business, but will not be liable for any depreciation of the FCA Rules and based upon the information investments arranged by them. Any advice we give you have providedwill normally be in writing, you shall but if given verbally will be classified as either a “Professional Client” or an “Eligible Counterparty”recorded on your file. We prefer clients to give us instructions in writing to avoid possible misunderstandings. We will, however, accept verbal instructions providing they are subsequently confirmed in writing. We will communicate with you in English both verbally and in writing. Where any recommendation we make, or transaction we undertake for you, results in a right to cancel the policy, these rights will be defined in the providers’ own literature. You should note, in the case of cancellation, investments could be subject to a reduction in the underlying investments between the date of investment and when you exercise any cancellation rights, so you could lose money. We offer independent advice but occasions can arise 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 proceed. 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. Should you require further information in relation to our conflicts of interest policy then please contact us at the address shown. 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 if issued by the product provider. Where a number of documents relating to a series of transactions are 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 once we receive the documents from the product provider concerned. We shall, at the client’s request and expense, send documents by registered post. In the absence of such a request, the client categorisation 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 where relevant, your attitude to investment risk and capacity for loss. Any recommendation made will be confirmed to you in a separate notification.
3.2 writing. 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. Please note: If you are classified as an “Eligible Counterparty”:
3.2.1 You existing client of a Stockbroker or Discretionary Fund Manager (DFM) we will receive from us assume you already have an agreed investment strategy with them. It is the responsibility of the Stockbroker or DFM to assess your attitude to risk and ensure that your portfolio is managed within the agreed risk strategy that you placed with them. Should Callaway ▇▇▇▇▇ Associates Limited recommend that you use a letter Discretionary Fund Manager then Callaway ▇▇▇▇▇ Associates Limited will provide advice around the appropriateness of notice of treatment as an Eligible Counterparty (“Notice Letter”);
3.2.2 In the event of conflict between these Terms contract and initial attitude to risk and the contents suitability of that contract to meet your objectives. However, Callaway ▇▇▇▇▇ Associates Limited is not responsible for the Notice Letter, risk assessment or investments made by the Notice Letter shall prevail;
3.2.3 You will not be granted a number of the statutory and regulatory protections applicable to “Professional DFM within that contract either initially or Retail Clients”. GIS opts out of Client Money protections for Eligible Counterpartiesin future. We are not required authorised to provide handle client money for any business. The only exception to this is the fees we charge for our services – for which you with, best execution and information regarding our fees and commissions will be sent an invoice. 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 received;
3.3 If made payable to anyone else. We do not accept cash under any circumstances. All investments carry varying degrees of financial risk which generally tend to increase in proportion to the potential rate of return on the investments. Any plan which is directly or indirectly invested in assets which may fall in value (e.g. equities) may also fall in value. Investments can go down in value as well as up and you are classified as could get back less than you invest. The past is not a “Professional Client” and notify us in writing guide to future performance. Therefore, before entering into any investment you must ensure that you wish understand the risk associated with the product, the underlying investments and are content to be classified as accept that level of risk. The Foreign Account Tax Compliance Act (FATCA) requires US persons holding an “Eligible Counterparty” and you meet interest in any specified foreign financial assets with an aggregate value exceeding $50,000 to report related information to the criteria for such classification, we will treat you as an “eligible counterparty” until you notify us in writing otherwiseIRS. 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 It is 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 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 acknowledge that you are responsible for keeping us informed about any change that could affect your client classification.
3.7 You agree responsibility to inform us if you; • Have US citizenship or lawful permanent resident (green card) status • Born in the US • Have a US residence address or US correspondence address (including a US PO box) • Standing instructions to transfer funds to an account maintained in the United States or directions regularly received from a US address • Have a ‘in care of’ address or a ‘hold mail’ address that is the sole address with respect to the client; • Have a power of attorney or signatory authority granted to a person with a US address Please note that we are not responsible in any event affecting way for any reporting obligations that you may have in relation to FATCA. We may also share your ability to undertake and discharge your obligationsFATCA status with other Financial Institutions, HMRC and/or the IRS if requested.
Appears in 1 contract
Sources: Client Agreement
Client Classification. 3.1 For As a client of Loughtons IFA 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 purposes 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 FCA Rules and based upon the information policy under certain conditions, we will advise you have provided, you shall be classified as either a “Professional Client” or an “Eligible Counterparty”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. Should you require further information in relation to our conflicts of interest policy then please contact us at the address shown. When we arrange investments for you we will register these in your client categorisation name unless otherwise agreed in writing. Additionally, we will ensure you receive either a separate notification.
3.2 If you are classified as an “Eligible Counterparty”:
3.2.1 You will receive from us a letter contract note, documents 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 Lettertitle, the Notice Letter shall prevail;
3.2.3 You will not be granted or certificates evidencing title. Where a number of documents relating to a series of transactions is involved, the statutory documents will normally be retained until the series is completed. All documents, cheques, and regulatory protections applicable to “Professional or Retail Clients”. GIS opts out of Client Money protections for Eligible Counterpartiespaperwork may be sent by post at the client's risk as soon as we receive the documents from the product provider concerned. We are not required 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 provide you with, best execution and information regarding our fees and commissions paid or received;
3.3 If you are classified as a “Professional Client” and notify us in writing that you wish to 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 otherwiseinvestment risk. We will notify endeavour to ensure that any recommendation made is suitable for you. Any recommendation made will be confirmed in writing to you. Should you if we have reason decline to believe that you no longer meet provide the criteria for such classification. You may request to be classified as a “retail client”, however, information requested about your circumstances then we may decline to continue with the business relationship since we would not be unable able to transact any business with you on demonstrate that basis.
3.4 As a Professional Client, GIS will endeavour the recommendation is suitable given your financial circumstances. The company and its representatives are not qualified to provide a service for you as your agent, which is effective any legal advice 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 Appendix 3 (2.1) below. This will not affect other Terms in this Agreement.
3.5 Non-EEA clients warrant that provide any opinion as to whether 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 client should complain about any change that could affect your client classificationprevious advice received unless explicitly agreed. All communications, both verbal and in writing, will be in English.
3.7 You agree to inform us of any event affecting your ability to undertake and discharge your obligations.
Appears in 1 contract
Sources: Client Agreement
Client Classification. 3.1 For As a client of Callaway ▇▇▇▇▇ Associates 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 purposes 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. Callaway ▇▇▇▇▇ Associates Limited will exercise due care and diligence in conducting their business, but will not be liable for any depreciation of the FCA Rules and based upon the information investments arranged by them. Any advice we give you have providedwill normally be in writing, you shall but if given verbally will be classified as either a “Professional Client” or an “Eligible Counterparty”recorded on your file. We prefer clients to give us instructions in writing to avoid possible misunderstandings. We will, however, accept verbal instructions providing they are subsequently confirmed in writing. We will communicate with you in English both verbally and in writing. Where any recommendation we make, or transaction we undertake for you, results in a right to cancel the policy, these rights will be defined in the providers’ own literature. You should note, in the case of cancellation, investments could be subject to a reduction in the underlying investments between the date of investment and when you exercise any cancellation rights, so you could lose money. We offer independent advice but occasions can arise 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 proceed. 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. Should you require further information in relation to our conflicts of interest policy then please contact us at the address shown. When we arrange investments for you we will register these in your client categorisation name unless otherwise agreed in writing. Additionally, we will ensure you receive either a separate notification.
3.2 If you are classified as an “Eligible Counterparty”:
3.2.1 You will receive from us a letter contract note, documents of notice of treatment as an Eligible Counterparty (“Notice Letter”);
3.2.2 In title, or certificates evidencing title if issued by 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 product provider. Where a number of documents relating to a series of transactions are involved, the statutory documents will normally be retained until the series is completed. All documents, cheques, and regulatory protections applicable paperwork may be sent by post at the client’s risk once we receive the documents from the product provider concerned. We shall, at the client’s 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 where relevant, your attitude to “Professional investment risk and capacity for loss. Any recommendation made will be confirmed to you in writing. 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. Should Callaway ▇▇▇▇▇ Associates Limited recommend that you use a Discretionary Fund Manager then Callaway ▇▇▇▇▇ Associates Limited will provide advice around the appropriateness of the contract and initial attitude to risk and the suitability of that contract to meet your objectives. However, Callaway ▇▇▇▇▇ Associates Limited is not responsible for the risk assessment or Retail Clients”. GIS opts out of Client Money protections for Eligible Counterpartiesinvestments made by the DFM within that contract either initially or in future. We are not required authorised to provide handle client money for any business. The only exception to this is the fees we charge for our services – for which you with, best execution and information regarding our fees and commissions will be sent an invoice. 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 received;
3.3 If made payable to anyone else. We do not accept cash under any circumstances. All investments carry varying degrees of financial risk which generally tend to increase in proportion to the potential rate of return on the investments. Any plan which is directly or indirectly invested in assets which may fall in value (e.g. equities) may also fall in value. Investments can go down in value as well as up and you are classified as could get back less than you invest. The past is not a “Professional Client” and notify us in writing guide to future performance. Therefore, before entering into any investment you must ensure that you wish understand the risk associated with the product, the underlying investments and are content to be classified as accept that level of risk. The Foreign Account Tax Compliance Act (FATCA) requires US persons holding an “Eligible Counterparty” and you meet interest in any specified foreign financial assets with an aggregate value exceeding $50,000 to report related information to the criteria for such classification, we will treat you as an “eligible counterparty” until you notify us in writing otherwiseIRS. 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 It is 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 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 acknowledge that you are responsible for keeping us informed about any change that could affect your client classification.
3.7 You agree responsibility to inform us if you; • Have US citizenship or lawful permanent resident (green card) status • Born in the US • Have a US residence address or US correspondence address (including a US PO box) • Sanding instructions to transfer funds to an account maintained in the United States or directions regularly received from a US address • Have a ‘in care of’ address or a ‘hold mail’ address that is the sole address with respect to the client; • Have a power of attorney or signatory authority granted to a person with a US address Please note that we are not responsible in any event affecting way for any reporting obligations that you may have in relation to FATCA. We may also share your ability to undertake and discharge your obligationsFATCA status with other Financial Institutions, HMRC and/or the IRS if requested.
Appears in 1 contract
Sources: Client Agreement