Pursuant to Article 23 of the CFA, banks or financial intermediaries must prove to have complied with the information obligations regarding the proposed investment’s key characteristics, including its level of riskness.
This obligation is deemed to have been fulfilled if information about the investor is collected upon signing by the latter of the framework agreement and information concerning the financial instruments offered, including their riskness and unsuitability of the transaction, if any, is provided to the investor.
The Court of Cassation made it clear that the aforementioned disclosure requirements are aimed at encouraging informed choices on the part of the investor. Therefore, even if the investor in question has experience of high-risk financial transactions, the intermediary is not per se exempt from the disclosure obligations under the CFA concerning nature, yield and other key characteristics of the financial instrument in question.
Court of Cassation, Sec. I Civil, Order of 27 May 2022 no. 17271