9. Client Agreements and Information Provision

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Question English Answer English
Ancillary Services are activities which...?
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which are passportable only if the firm is already passported in relation to a core investment service.
A firm is required to categorise its clients if it is carrying on...?
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designated investment business.
określoną działalność inwestycyjną
If a firm provides a mix of MiFID and non-MiFID services, it must categorise clients in accordance with...
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with the MiFID requirements.
unless the MiFID business is conducted separately from the non-MiFID business.
The term Client includes potential clients and people acting as...?
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as agent for another person.
The client is a wide definition.
Under COBS, clients may be categorised as...?
"COBS (Conduct of Business Sourcebook)
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Professional client*. | Retail client. | Eligible counterparty.
"
3
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Note: the term customer is an umbrella term covering both retail clients and professional clients.
PRE | *either per se professional clients or elective professional
Per se professional clients definition:
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An entity required to be authorised to operate in the financial markets.
Per se professional clients examples:
3
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Pension fund. | Investment firm.| Governments.
PIG
The same as 'Eligible counterparties'. The list is longer.
Large undertakings are companies whose...?
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... whose balance sheet meet certain levels.
many rules
Large Undertakings thresholds. For MiFID they meet any two of the following size requirements on a company basis: a balance sheet total of ___; a net turnover of ___n; or own funds of ___.
3
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20 | 40 | 2
For MiFID: a balance sheet total of €20 million; a net turnover of €40 million; or own funds of €2 million.
Large Undertakings thresholds. For non-MiFID business. A company whose called-up share capital is at least __?
many rules
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at least £5 million.
inc. Partnerships
Large Undertakings thresholds. For non-MiFID business. A company which meets any two of: a balance sheet total of ___; a net turnover of ___; an average of ___ employees
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12.5 | 25, | 250 employees.
A company which meets any two of: a balance sheet total of €12.5 million; a net turnover of €25 million; an average of 250 employees.
Large Undertakings thresholds. For non-MiFID business. A Trustee which has at any time during the past two years had assets of at least...?
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of at least £10 million.
Eligible counterparties (ECPs) examples:
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Pension fund. | Investment firm.| Governments.
PIG
The same as 'Per se professional clients examples:', but there are more, like supranational organisations.
Eligible Eounterparty activity example. Dealing on ...?
ECP
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on own account.
also: execution of orders on behalf of clients or the reception of orders.
Eligible Eounterparty activity example. Any _____ directly related Dealing on own account.
ECP
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ny ancillary service
also: execution of orders on behalf of clients
Eligible Eounterparty activity example. Arranging in relation to business which not __?
ECP
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which is not MiFID
When will a firm acting for another person not be treated as that person’s agent (i.e. when is the normal agency rule overridden)?
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to reduce duties
What are the exceptions where a firm acting for another person is not treated as that person’s Agent?
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if Written specific agreement. | if purpose is duties reduction.
Due to specific written agreement between these parties. | If the involvement of A in the arrangement is mainly for the purpose of reducing the firm’s duties to B:
A retail client may be treated as an ‘elective professional client’ when: the firm has assessed their expertise, and believes that they can make their ____?
Recategorising Clients
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can make their own investment decisions
A retail client may be treated as an ‘elective professional client’ when any of three conditions are true. Tthis is called the ____?
Recategorising Clients
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the quantitative test.
One of these conditions: the client works in the financial services sector for at least 1 year.
Elective professional client Quantitative test. the client carried out, on average, ten significantly sized transactions on the relevant market in each of the past ___?
Recategorising Clients
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in each of the past four quarters
Elective professional client Quantitative test. The size of the client’s financial portfolio exceeds __?
Recategorising Clients
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€ 500,000
Elective Eligible Counterparties. A professional client may be treated as an Elective ECP if it is an undertaking and it is a____?
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a per se professional client
and they request to be treated as an ECP.
Elective Eligible Counterparties. According MiFID II local authorities must, by default be classified as...?
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as retail clients.
so not the Elective Eligible Counterparties.
Elective Eligible Counterparties. Local authorities by default are classified as retail clients. They can be reclassified as an elective professional client if meet both the...?
2
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the Qualitative test, | the Quantitative test.
Elective Eligible Counterparties. Local authorities the Qualitative test. The firm undertakes an adequate ____?
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assessment of the expertise.
Elective Eligible Counterparties. Local authorities the Quantitative test. The size of the authority’s financial instrument portfolio exceeds __?
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£10 million.
and either of 3 additional conditions.
Local authorities the Quantitative test. It has carried out transactions at an average frequency of __ per quarter.
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10 per quarter
1 of 3 additional conditions.
2/3: the person authorised works in the financial sector for at least 1 year in a professional position
Local authorities the Quantitative test. The authority is an '__ authority'
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an ‘administering authority’.
1 of 3 additional conditions.
of the Local Government Pension Scheme
Firms must allow professional clients and ECPs to request recategorisation if ...?
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if they wish to be.
Providing Higher Levels of Protection
A firm can classify a client under a different classification for different financial instruments, however, most firms will classify a client ...?
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just once for all financial instruments.
to avoid complex internal arrangements.
In the event a RETAIL Client has requested to be classified as an ‘elective professional client’, they will lose the many investor protections, for example:...
3
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Suitability.| Appropriateness. | Dealing orders.
SAD
Where a PROFESSIONAL Client has requested to be classified as an ‘elective eligible counterparty’, they will lose the following investor protections:
3
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Package Products.| Appropriateness. | Order Handling.
PAO
If a UK MiFID firm business receives an instruction to provide investment through another UK MiFID firm, it can rely on information & recommendations related to __?
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to third-party firm.
which has responsibility for the accuracy of client information.
If a UK MiFID firm business receives an instruction to provide investment through another UK MiFID firm it can rely on information & recommendations related to to third-party firm, which has responsibility for the__?
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the accuracy of client information.
The firm keeps responsibility for the services.
Reliance on third-party firm. For non-MiFID investment firms, they can rely on information provided to it __?
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in writing
by an unconnected authorised person.
Durable medium is a...
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a paper or any instrument which enables the recipient to store information addressed personally to them in a way accessible for future reference.
Firms must enter into a written basic agreement with the client, which as to be on paper or other __ __?
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... durable medium
Client agreement records must be maintained for whichever is the longer of:
3
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5 years. | Client relationship duration. | Pension opt-out*.
*in the case of a pension transfer.
The Requirement to Provide a Client Agreement - it applies to designated investment business for a retail client and for MiFID business and ancillary services or ___?
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... or equivalent third-country business
for a retail or a professional client.
What is an execution venue?
non-examinable
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The entity with which client orders, assets or securities are placed or to which the Company transmits Client’s orders for execution.
a stock exchange | a regulatet market | an OTF (Organised Trading Facility)
Information Requirements about the Firm provided prior to providing services. A firm must provide retail clients, professional clients and __?
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and ECPs.
for example:
For MiFID business the languages in which the client may communicate. | Methods of communication. Z Statement of the fact. | Conflict of interest policy. | Ff the firm is acting through an appointed representative. | Reports nature and frequency.
Information Requirements Relating to Managing Investment. If a firm proposes to manage investments for a retail client, it must provide information for example about...?
other examples:
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... the valuation method of the investments in the client’s portfolio.
Any delegation of the discretionary management details. |Performance benchmark. |Types of investment. | Types of transaction. | Limits. | Objectives. | Level of risk.
Firms holding client money or investments for retail clients, professional clients and ECPs also have to provide information about for example...?
other examples:
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... that the investments/money may be held by a third-party on the firm’s behalf.
What will happen if the third-party were to become insolvent. | The firm’s responsibility for any omissions of that third-party. | Jurisdiction. | W/hat the risks may be. | A summary of the steps the firm has taken to protect the client’s money.
Firms must provide retail clients with information on the costs and charges in respect of services, including __ services?
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... ancillary services.
Disclosure of Costs related to services provided to retail clients. Relevant cost are, for example...?
*including all related fees, costs, charges and expenses and any taxes payable via the firm, which must be itemised separately in every case.
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the total price to be paid*.
also: currency | further costs in future. | How to pay. | Compensation schemes information.
Disclosure of Costs. Providing the details on the costs and charges is not no regulatory obligation to in case of __ __?
2
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of ECPs | and professional clients.
this would be a commercial decision.
Client information should be provided in good time before the provision of services. The firm may, however, provide the information immediately after the provision of services if...?
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... the agreement was concluded using a means of distance communication.
on durable medium or a website (if made via website).
Compensation Information. A firm which carries on __ business must provide the information of the compensation scheme.
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MiFID business.
This must include the amount and scope of the cover offered by the compensation scheme.

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