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+Article 9 15. |
Article 9 15.Member States shall require investment firms to review financial instruments prior to any further issue or re-launch, if they are aware of any event that could materially affect the potential risk to investors and at regular intervals to assess whether the financial instruments function as intended. Investment firms shall determine how regularly to review their financial instruments based on relevant factors, including factors linked to the complexity or the innovative nature of the investment strategies pursued. Firms shall also identify crucial events that would affect the potential risk or return expectations of the financial instrument, such as:
(a)
the crossing of a threshold that will affect the return profile of the financial instrument; or
(b)
the solvency of certain issuers whose securities or guarantees may impact the performance of the financial instrument. Member States shall ensure that, when such events occur, investment firms take appropriate action which may consist of:
(a)
the provision of any relevant information on the event and its consequences on the financial instrument to the clients or the distributors of the financial instrument if the investment firm does not offer or sell the financial instrument directly to the clients;
(b)
changing the product approval process;
(c)
stopping further issuance of the financial instrument;
(d)
changing the financial instrument to avoid unfair contract terms;
(e)
considering whether the sales channels through which the financial instruments are sold are appropriate where firms become aware that the financial instrument is not being sold as envisaged;
(f)
contacting the distributor to discuss a modification of the distribution process;
(g)
terminating the relationship with the distributor; or
(h)
informing the relevant competent authority. 1. Übersicht
1.1 Referenzen1.2 Identifizierte Anforderungen1.3 Zugehörige Standards2. Identifizierte Anforderungen
3. Zugehörige Standards
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