Risks
BC-2.6.4
Investment firm licensees must disclose adequate information to all classes ofclients about risks underlying thefinancial instrument that are not readily apparent and which relate to theregulated investment service being provided.BC-2.6.5
Without prejudice to the scope of the requirement under Rule BC-2.6.2(c),
investment firm licensees must provideretail clients with appropriate guidance on, and warnings of, relevant risks when providingregulated investment services , in relation to:a) Transactions in illiquid financial instruments;b) Leveraged transactions, including asset portfolios or collective investment schemes that have embedded leverage;c) Financial instruments subject to high volatility in normal market conditions;d) Securities repurchase agreements or securities lending agreements;e) Transactions which involve credit, margin payments, or deposit of collateral;f) Transactions involving material foreign exchange riskg) Interests in real estate; and/orh) Islamicfinancial instruments .Amended: January 2007BC-2.6.6
In relation to transactions involving warrants or derivatives,
investment firm licensees must provideretail clients with a written statement that includes explanations of their characteristics, in particular their leverage effect, liquidity and price volatility.BC-2.6.7
To satisfy Rule BC-2.6.6, with respect to warrants,
investment firm licensees should provideretail clients with a statement that includes, at a minimum, the information contained in Paragraph BC-2.12.3.BC-2.6.8
To satisfy Rule BC-2.6.6, with respect to futures contracts,
investment firm licensees should provideretail clients with a statement that includes, at a minimum, the information contained in Paragraph BC-2.12.4.BC-2.6.9
To satisfy Rule BC-2.6.6, with respect to option transactions,
investment firm licensees should provide retail clients with a statement that includes, at a minimum, the information contained in Paragraphs BC-2.12.5 and BC-2.12.6.BC-2.6.10
In relation to a transaction in a
financial instrument that is not readily realisable,investment firm licensees must:(a) Warn theretail client that there is a restricted market for suchfinancial instruments , and that it may therefore be difficult to deal in thefinancial instrument or to obtain reliable information about its value; and(b) Disclose any position knowingly held by theinvestment firm licensee or any of its associates in thefinancial instrument or in a relatedfinancial instrument .Amended: January 2007BC-2.6.11
The risk warning given to a
retail client or potentialretail client must be given due prominence in all related materials and must not be concealed or masked in any way by the wording, design or format of the information provided.BC-2.6.12
Risk warnings provided to a
retail client or potentialretail client about warrants or derivatives must make clear that the instrument can be subject to sudden and sharp falls in value. Where theretail client may not only lose his entire investment but may also be required to pay more later, he must also be warned about this fact and the possible obligation to provide extra funding.