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Comment to Cass. 27th October 2015, no. 21887

The intermediary is responsible to ascertain whether the natural person investor is a qualified investor.

in ilsocietario.it, 14th December 2015

Article 31 of Consob Regulation no. 11522 of 1998, which prescribes that investors who are natural persons are “professional investors” if they “document their possession of the professional qualifications” established for the officers of investment firms, presupposes the client’s will, manifested expressly or tacitly, to be so considered and requires the intermediary to ascertain, at the time the relationship is first established, the prior execution of those duties and tasks by the investor for the minimum period indicated, not obligating the intermediary to limit itself, for this purpose, exclusively to the documentation produced by the client, but allowing other means of acquiring knowledge, supplied by the client or otherwise, providing evidence of the client’s specific qualities.

Published on  ilsocietario.it

 

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