Professional Client Per Se Clause Samples
Professional Client Per Se. Professional Client is the person who possesses the experience, knowledge and expertise to make his own investment decisions and properly assess the risks that he incurs. Prospective clients who satisfy one or more of the following criteria shall be classified by the Company as Professional Clients per se:
a. Entities that are required to be authorized or regulated to operate in the financial markets such us:
b. Large undertakings meeting two of the following size requirements, on a portfolio basis:
c. National and regional governments, public bodies that manage public debt, Central Banks, international and supranational institutions such as the World Bank, the International Monetary Fund (IMF), the European Central Bank (ECB), the European Investment Bank and other similar international organizations.
d. Other institutional investors whose main activity is to invest in financial instruments, including entities dedicated to the securitization of assets or other financing transactions.
Professional Client Per Se. Professional Client is the person who possesses the experience, knowledge and expertise to make his own investment decisions and properly assess the risks that he incurs. Prospective clients who satisfy one or more of the following criteria shall be classified by the Company as Professional Clients per se: Entities that are required to be authorized or regulated to operate in the financial markets such: • Credit institutions • Investment firms • Other authorized or regulated financial institutions • Insurance companies • Collective investment schemes and management companies of such schemes • Pension funds and management companies of such funds • Commodity and commodity derivatives dealers • Locals • Other institutional investors • Large undertakings meeting two of the following size requirements, on a portfolio basis: - Balance sheet total at least EUR 20.000.000 - Net turnover at least EUR 40.000.000 - Own funds at least EUR 2.000.000 • National and regional governments, public bodies that manage public debt, Central Banks, international and supranational institutions such as the World Bank, the International Monetary Fund (IMF), the European Central Bank (ECB), the European Investment Bank and other similar international organizations. • Other institutional investors whose main activity is to invest in financial instruments, including entities dedicated to the securitization of assets or other financing transactions. • The entities mentioned above are considered to be professionals by default. They are however, allowed to request non-professional treatment and the Company may agree to provide a higher level of protection. It is the responsibility of the Client, considered to be a Professional Client, to request for a higher level of protection when it seems unable to properly assess or manage the risks involved in various transactions. This higher level of protection will be provided when a Client who is considered to be a professional enters into a written agreement with the Company to the effect that it shall not be treated as a professional for the purposes of the applicable conduct of business regime. Such agreement will specify whether this applies to one or more particular services or transactions, or to one or more types of product or transaction.