Title III: Investment services providers

Where an investment service provider other than an asset management company offers an investment service together with another service or product as part of a package or as a condition of obtaining the agreement or package, the investment service provider shall make clear to the client whether it is possible to purchase the different elements of the offer or agreement separately and shall provide separate evidence of the costs and…

When an investment service provider other than a portfolio management company informs clients that the service referred to in Article L. 321-1 (5) is provided independently : 1° It evaluates a sufficient range of financial instruments available on the market, which must be sufficiently diversified in terms of their type and their issuers or suppliers to ensure that the client’s investment objectives can be met appropriately. The assessment is not…

Investment service providers other than portfolio management companies which provide the investment service referred to in Article L. 321-1 .4 shall not accept, unless they return them in full to the client, any remuneration, commission or other monetary or non-monetary benefit relating to the provision of the service to the client, paid or provided by a third party or by a person acting on behalf of a third party. Minor…

Investment service providers other than asset management companies shall not pay or receive any remuneration or commission or provide or receive any non-monetary benefit in connection with the provision of an investment or related service to any person, other than the client or the person acting on behalf of the client, unless the payment or benefit is intended to enhance the quality of the service concerned to the client and…

I.-The provision by a third party of research equipment or services to investment service providers, other than portfolio management companies, providing investment or related services to clients, shall be deemed to fulfil the obligations of Article L. 533-11 if : 1° Prior to the provision of execution services or research services or materials, the investment service provider and the research provider enter into an agreement specifying the portion, attributable to…

Investment service providers, other than asset management companies, shall ensure that they do not remunerate or assess the performance of their employees in a way that undermines their duty to act in the best interests of their clients when providing investment services. They shall not take any action, in particular in the form of remuneration or sales targets, which might encourage their employees to recommend a particular financial instrument to…

Investment service providers other than portfolio management companies shall ensure and be able to demonstrate to the AMF that the natural persons who provide investment advice or information on financial instruments, investment services or related services to clients on their behalf have the knowledge and skills necessary to comply with the obligations laid down in this section.

Investment service providers may not send, directly or indirectly, by electronic means, promotional communications to clients who are likely to be non-professional, in particular potential clients, relating to the provision of investment services concerning financial contracts that are not admitted to trading on a regulated market or a multilateral trading facility, falling within one of the categories of contracts defined by the General Regulation of the Autorité des marchés financiers…

I.-In order to provide the services mentioned in 4 or 5 of Article L. 321-1, investment service providers other than portfolio management companies shall obtain the necessary information concerning the investment knowledge and experience of their clients, in particular their potential clients, in relation to the specific type of financial instrument or service, their financial situation, including their capacity to incur losses, and their investment objectives, including their risk tolerance,…

If a property loan within the meaning of Chapter III of Title I of Book III of the Consumer Code subject to the provisions relating to the assessment of consumer solvency includes as a precondition the provision to the consumer of an investment service relating to mortgage bonds issued specifically to obtain the financing for the property loan and with identical terms and conditions to the latter, so that the…