Terms and conditions applicable to the provision of the non-independent investment advisory service by Crédit Mutuel Investment Managers
The present provisions are intended to govern relations between the client (hereinafter the "Client") and Crédit Mutuel Investment Managers within the context of the latter providing investment advisory services to the Client relating to financial instruments.
In the context of Crédit Mutuel Investment Managers providing the investment advisory service, Crédit Mutuel Investment Managers shall assess, in accordance with applicable regulations, the knowledge and experience of the Client, its financial situation, including its capacity to bear losses and its investment objectives, including its risk tolerance.
For Professional Clients within the meaning of Directive 2014/65/EU, Crédit Mutuel Investment Managers may assume that they have the necessary knowledge and experience and that they are financially able to bear any risk related to the proposed investment.
Crédit Mutuel Investment Managers takes reasonable steps to ensure that the information collected from the Client is reliable.
The Client is duly informed that, in the event that it does not communicate all the necessary information, Crédit Mutuel Investment Managers will refrain from recommending financial instruments.
Crédit Mutuel Investment Managers ensures, in light of the aforementioned information, that the financial instruments requested by the Client or proposed to it are suitable.
The Client undertakes to inform Crédit Mutuel Investment Managers, without delay, of any changes that could have an impact on its classification or on its ability to assess the characteristics of the transactions that it requests be carried out or that are proposed to it, as well as the particular risks that these transactions may entail.
In the event that the Client fails to comply with its obligation to provide the information referred to in the preceding paragraph, the Client is already informed of the fact that Crédit Mutuel Investment Managers would no longer be in a position to assess, in the best interests of the Client, the appropriateness of the financial instrument proposed or requested.
Similarly, Crédit Mutuel Investment Managers would not be in a position to assess this appropriateness if, informed of the occurrence of a change as referred to in the first paragraph, it did not receive from the Client the relevant information in this respect. In this case, prior to the provision of the investment advisory service, Crédit Mutuel Investment Managers undertakes to draw the Client's attention to the risk that it may incur due to the inappropriate nature of the financial instrument in relation to its investor profile.
The Client is informed that, in accordance with the provisions of the General Regulation of French financial markets authority Autorité des Marchés Financiers, the assessment referred to in this paragraph was made on the person authorised to carry out transactions on its behalf. In the event that the Client has appointed several representatives, any change in the list of persons authorised to represent it in its relations with Crédit Mutuel Investment Managers shall only give rise to a new assessment of competence if this change concerns the person who was the subject of the assessment or if the Client expressly requests it.
The Client is informed that Crédit Mutuel Investment Managers provides the investment advisory service in a non-independent manner, given its links with Crédit Mutuel Alliance Fédérale. When providing the investment advisory service, the financial instruments covered by the recommendation are selected by Crédit Mutuel Investment Managers and do not represent a complete range of the financial instruments available on the market.
As Crédit Mutuel Investment Managers is a subsidiary dedicated to the distribution of Crédit Mutuel Alliance Fédérale’s financial instruments, the financial instruments covered by the recommendation are mainly issued or provided by entities belonging to Crédit Mutuel Alliance Fédérale or partner entities.
In respect of the provision of non-independent investment advice and in compliance with the conditions stipulated in Article L533-12-4 of the French Monetary and Financial Code, Crédit Mutuel Investment Managers may pay (or receive) remuneration, or a commission or non-monetary benefit to (or from) entities linked to Crédit Mutuel Alliance Fédérale or third parties.