Article 53
Investment advice on an independent basis
1.
Investment firms providing investment advice on an independent basis shall define and implement a selection process to assess and compare a sufficient range of financial instruments available on the market in accordance with Article 24(7)(a) of Directive 2014/65/EU. The selection process shall include the following elements:
(a)
the number and variety of financial instruments considered is proportionate to the scope of investment advice services offered by the independent investment adviser;
(b)
the number and variety of financial instruments considered is adequately representative of financial instruments available on the market;
(c)
the quantity of financial instruments issued by the investment firm itself or by entities closely linked to the investment firm itself is proportionate to the total amount of financial instruments considered; and
(d)
the criteria for selecting the various financial instruments shall include all relevant aspects such as risks, costs and complexity as well as the characteristics of the investment firm's clients, and shall ensure that the selection of the instruments that may be recommended is not biased.
Where such a comparison is not possible due to the business model or the specific scope of the service provided, the investment firm providing investment advice shall not present itself as independent.
2.
An investment firm that provides investment advice on an independent basis and that focuses on certain categories or a specified range of financial instruments shall comply with the following requirements:
(a)
the firm shall market itself in a way that is intended only to attract clients with a preference for those categories or range of financial instruments;
(b)
the firm shall require clients to indicate that they are only interested in investing in the specified category or range of financial instruments; and
(c)
prior to the provision of the service, the firm shall ensure that its service is appropriate for each new client on the basis that its business model matches the client's needs and objectives, and the range of financial instruments that are suitable for the client. Where this is not the case the firm shall not provide such a service to the client.
3.
An investment firm offering investment advice on both an independent basis and on a non-independent basis shall comply with the following obligations:
(a)
in good time before the provision of its services, the investment firm has informed its clients, in a durable medium, whether the advice will be independent or non-independent in accordance with Article 24(4)(a) of Directive 2014/65/EU and the relevant implementing measures;
(b)
the investment firm has presented itself as independent for the services for which it provides investment advice on an independent basis;
(c)
the investment firms has adequate organisational requirements and controls in place to ensure that both types of advice services and advisers are clearly separated from each other and that clients are not likely to be confused about the type of advice that they are receiving and are given the type of advice that is appropriate for them. The investment firm shall not allow a natural person to provide both independent and non-independent advice.