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Article 325-17 into force since

  • Version into force since
ELI : /en/eli/fr/aai/amf/rg/article/325-17/20230101/notes

I. – Where financial investment advisers provide advice, the suitability statement referred to in Point 9° of Article L. 541-8-1 of the Monetary and Financial Code shall explain how the recommendation made is suitable for the client, in particular how it meets the client's investment objectives and personal circumstances with reference to the investment term required, the client's knowledge and experience, attitude to risk, capacity for loss and sustainability preferences.

Financial investment advisers shall draw clients' attention to and shall include in the suitability report information on whether the recommended services or instruments are likely to require the client to seek a periodic review of their arrangements.

Where a financial investment adviser provides a service that involves periodic suitability assessments and reports, the subsequent reports after the initial service is established may only cover changes in the services or instruments involved and/or the circumstances of the client and may not need to repeat all the details of the first report.

II. - Financial investment advisers providing a periodic suitability assessment shall review, in order to enhance the service, the suitability of the recommendations given at least annually. The frequency of this assessment shall be increased depending on the risk profile of the client and the type of financial instruments recommended.

Where they apply, the requirements for matching the sustainability preferences of clients or potential clients within the meaning of Point 7 of Article 2 of Commission Delegated Regulation (EU) of 25 April 2016 shall not affect the conditions set out in the first paragraph.