Art. 25(2) of MiFID II Art. 54 of the MiFID II Delegated Regulation
When a firm provides the investment service of advice or portfolio management to a client who is unwilling to fully disclose information on his/her financial situation, can the firm assess the suitability of the envisaged transaction? If yes, under which conditions?
Answer 7
When providing investment advice or portfolio management services, the firm must collect from the client all 'necessary information’ required by Article 25(2) of MiFID II and Article 54(2) of the MiFID II Delegated Regulation. Moreover, paragraph 8 of the aforementioned Article 54 clarifies that in cases where the investment firm does not obtain such information, it shall not recommend investment services or financial instruments to that client or potential client.
The required information has to be considered in light of all the features of the investment advice or portfolio management services. In any case, the firm has to be able to assess t
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