ESMA_QA_1762
Topic
Suitability
10/10/2016
Subject Matter
Suitability and appropriateness
Question
When a firm provides the investment service of advice or portfolio management to a client who is unwilling to fully disclose information on his/her financial situation, can the firm assess the suitability of the envisaged transaction? If yes, under which conditions?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
ESMA_QA_1761
Topic
Suitability
10/10/2016
Subject Matter
Suitability and appropriateness
Question
What are the obligations on a firm when a specific financial instrument is unsuitable for a client, in particular also in situations when the client wishes to proceed with the transaction nonetheless?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
ESMA_QA_1760
Topic
Suitability
10/10/2016
Subject Matter
Suitability and appropriateness
Question
Shall a suitability report be provided to the client when the advice given is not to buy or sell a financial instrument?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
ESMA_QA_1759
Topic
Suitability
10/10/2016
Subject Matter
Suitability and appropriateness
Question
Can the suitability report be sent together with the report due when carrying out an order on behalf of a client other than for portfolio management?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
ESMA_QA_1758
Topic
Suitability
10/10/2016
Subject Matter
Suitability and appropriateness
Question
Can the suitability report be made available to the client on the firm’s website, with the client receiving a notification (via email or through any other means of communication) regarding the availability of this document?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014 - Investor Protection and Intermediaries