SIFA 9.10 Assessing your customer's understanding of risk
When you conduct investment business for private customers, you must ensure that you take reasonable steps to ensure that they understand the nature of the risks involved with the transaction (COB 5.4.3 R).
Why do you have to assess your customer's understanding of risk?
Assessing your customers' understanding of risk will help ensure that you meet the requirements set out in the following Principles:
- Principle 7 (Communications with clients) requires you to pay due regard to the information needs of your clients and to communicate information to them in a clear, fair and not misleading way.
- Principle 9 (Customers: relationships of trust) requires you to take reasonable care to establish the suitability of advice that you give.
You must establish what each client considers an acceptable level of risk to be for them and advise them on that basis. When you have a clear understanding of your client's attitude to risk (i.e. whether they are risk averse or willing to take some degree of risk) you will be in a better position to recommend suitable products.
Where is the relevant section in the Handbook?
The requirements for assessing your customers' understanding of risk and providing risk warnings are set out in COB 5.4.
COB 5.4 refers to the requirement for an adviser to assess a private customer's understanding of risk for any personal recommendation (COB 5.4.3 R). Special risk warnings apply in addition for:
- warrants and derivatives (COB 5.4.6 E);
- retail securitised derivatives (COB 5.4.6A E);
- non-readily realisable investments (COB 5.4.7 E);
- penny shares (COB 5.4.8 E);
- securities subject to stabilisation (COB 5.4.9 E); and
- stock-lending activity (COB 5.4.10 E).
A firm has a general duty to ensure that it has taken reasonable steps to ensure that its private customers understand the risks involved with any investment product that the firm recommends to them (COB 5.4.3 R) and, similarly, with the risks involved in mortgage and/or general insurance products.
Other considerations
COB Section 5.4 does not apply if you are providing basic advice on a stakeholder product - see COB 5A and Chapter 9.17 of the Guide.
The following sections are also relevant: |
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'Clear, fair and not misleading' - Chapter 9.2 |
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'Know your customer' - Chapter 9.8 |
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'Suitability' - Chapter 9.9 |
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PRIN 2.1 in the Handbook |
If you do mortgage or general insurance business you should also refer to MOGI 2 and GIGI 3. |