Retail client definition: A client who is neither a professional client nor an eligible counterparty. 
 

Professional client definition: A client that falls into any of the following categories:

(1) an entity required to be authorised or regulated to operate in the financial markets. The following list includes all authorised entities carrying out the characteristic activities of the entities mentioned, whether authorised by an EEA State or a third country and whether or not authorised by reference to a directive:

(a) a credit institution
(b) an investment firm
(c) any other authorised or regulated financial institution
(d) an insurance company
(e) a collective investment scheme or the management company of such a scheme
(f) a pension fund or the management company of a pension fund
(g) a commodity or commodity derivatives dealer
(h) a local
(i) any other institutional investor

(2) in relation to MiFID or equivalent third country business a large undertaking meeting two of the following size requirements on a company basis:

(a) balance sheet total of EUR 20,000,000
(b) net turnover of EUR 40,000,000
(c) own funds of EUR 2,000,000

(3) in relation to business that is not MiFID or equivalent third country business a large undertaking meeting any of the following conditions:

(a) a body corporate (including a limited liability partnership) which has (or any of whose holding companies or subsidiaries has) (or has had at any time during the previous two years) called up share capital or net assets, of at least £5 million (or its equivalent in any other currency at the relevant time)
(b) an undertaking that meets (or any of whose holding companies or subsidiaries meets) two of the following tests

i. a balance sheet total of EUR 12,500,000
ii. a net turnover of EUR 25,000,000
iii. an average number of employees during the year of 250

(c) a partnership or unincorporated association which has (or has had at any time during the previous two years) net assets of at least £5 million (or its equivalent in any other currency at the relevant time) and calculated in the case of a limited partnership without deducting loans owing to any of the partners
(d) a trustee of a trust (other than an occupational pension scheme, SSAS, personal pension scheme or stakeholder pension scheme) which has (or has had at any time during the previous two years) assets of at least £10 million (or its equivalent in any other currency at the relevant time) calculated by aggregating the value of the cash and designated investments forming part of the trust's assets, but before deducting its liabilities
(e) a trustee of an occupational pension scheme or SSAS, or a trustee or operator of a personal pension scheme or stakeholder pension scheme where the scheme has (or has had at any time during the previous two years) :

i. at least 50 members; and
ii. assets under management of at least £10 million (or its equivalent in any other currency at the relevant time)

(f) a local authority or public authority

(4) a national or regional government, a public body that manages public debt, a central bank, an international or supranational institution (such as the World Bank, the IMF, the ECP, the EIB) or another similar international organisation 

(5) another institutional investor whose main activity is to invest in financial instruments (in relation to the firm's MiFID or equivalent third country business) or designated investments (in relation to the firm's other business). This includes entities dedicated to the securitisation of assets or other financing transactions. 

An elective professional client - i.e. a client that would otherwise be a retail client that has elected to be treated as a professional client in accordance with the criteria set out below: 

(1) Ossiam has undertaken an adequate assessment of the expertise, experience and knowledge of the client that gives reasonable assurance, in light of the nature of the transactions or services envisaged, that the client is capable of making his own investment decisions and understanding the risks involved; and 

(2) the following procedure has been followed:

(a) the client has stated in writing to Ossiam that it wishes to be treated as a professional client either generally or in respect of a particular service or transaction or type of transaction or product
(b) Ossiam has given the client a clear written warning of the protections and investor compensation rights the client may lose; and
(c) the client has stated in writing, in a separate document from the contract, that it is aware of the consequences of losing such protections

Eligible counterparty 

A client that falls into any of the following categories: 

(1) any of the following (including an entity that is not from an EEA state that is equivalent to any of the following) unless and to the extent it is given a different categorisation under COBS 3 “Client categorization”

(a) an investment firm
(b) a credit institution
(c) an insurance company
(d) a collective investment scheme authorised under the UCITS Directive or its management company
(e) a pension fund or its management company
(f) another financial institution authorised or regulated under European Community legislation or the national law of an EEA State
(g) an undertaking exempted from the application of MiFID under either Article 2(1)(k) (certain own account dealers in commodities or commodity derivatives) or Article 2(1)(l) (locals) of that directive
(h) a national government or its corresponding office, including a public body that deals with the public debt
(i) a central bank; or
(j) a supranational organisation

(2) an elective eligible counterparty - i.e. a client that would otherwise be a professional client that has elected to be treated as an eligible counterparty in accordance with the criteria set out below

(a) the client is an undertaking and
i. is a professional client falling within limbs (1)-(3) of the definition of professional client set out above and, in relation to business other than MiFID or equivalent third country business A. is a body corporate (including a limited liability partnership) which has (or any of whose holding companies or subsidiaries has) called up share capital of at least £10 million (or its equivalent in any other currency at the relevant time) B. an undertaking that meets (or any of whose holding companies or subsidiaries meets) two of the following tests a balance sheet total of EUR 12,500,000 a net turnover of EUR 25,000,000 an average number of employees during the year of 250 ii. requests such categorisation and is an elective professional client (i.e. a client falling within the definition of professional client set out above), but only in respect of the services or transactions for which it could be treated as a professional client

However, for a client that is incorporated or organised in another member state of the EEA outside of the UK, the elective eligible counterparty opt-up is only available to the extent that the same opt-up facility has been implemented under the local rules or laws in that other member state that implement MiFID.

By using the ossiam.com English website, you will be deemed to accept the terms below. If you do not agree to these terms, do not access this site or any pages hereof.

This website and/or its terms and conditions are governed by and construed in accordance with French law. Any dispute arising there from or in connection therewith shall be submitted to the exclusive jurisdiction of the French courts.

LEGAL NOTICE

Ossiam.com is the website of Ossiam, French asset manager, affiliate of Natixis Global Asset Management and authorized by the Autorité des Marchés Financiers (Agreement N°10000016). Ossiam is also a member of the Association Française de la Gestion financière (AFG).

The website and its contents are related to the Exchange Traded Funds managed by Ossiam.

Ossiam is a limited company with board of directors.

Headquarter: 6 place de la Madeleine – 75008 Paris

Registered on the Paris company register under n°512 855 958

Host: OVH

2 rue Kellermann - 59100 Roubaix - France

GENERAL CONDITIONS OF USE

This website and the information it contains may be used provided that these conditions of use are fully complied with. Ossiam reserves the right to change the information on this website at any time at its discretion and without notice.

Ossiam does everything in its power to ensure that the information published is as complete, correct, accurate, and up-to-date as possible. Ossiam cannot be held responsible for any errors or inaccuracies on this site, or for any loss or damage resulting from the use of this information.

However, if the published information appears to contain errors, or information expected to be found on this site is lacking, Ossiam undertakes to remedy the situation as soon as possible after having been notified of such shortcomings. To notify us of any errors please contact: info@ossiam.com.

Internet site access – Registration Countries

Access to the products and services featured on this website may be subject to restrictions for certain persons or countries, either under a general prohibition or under marketing rules. Accordingly, no product or service presented on the website shall be provided by Ossiam to any person who is not legally authorized. The same applies for countries for which Ossiam has not applied for marketing authorization.

In this respect, marketing authorization for Ossiam’s ETFs has only been granted in Luxembourg, Germany, Italy, France, the United Kingdom, the Netherlands and Austria.

Therefore, ETFs presented on this website cannot be offered or sold in countries other than Luxembourg, Germany, Italy, France, the United Kingdom, the Netherlands and Austria.

This website is of a commercial and not of a regulatory nature. The information presented on the Ossiam.com website is provided for information purposes only. It is not intended as a solicitation to subscribe or purchase of Undertaking for Collective Investment in Transferable Securities (UCITS). In no way does the information contained in this website constitute investment advice or an offer to purchase or sell financial instruments.

This website is exclusively intended for persons who are not "US persons", as such term is defined in Regulation S or the US Securities Act 1933, as amended, and who are not physically present in the US. This website does not constitute an offer or an invitation to purchase any securities in the United States or in any other jurisdiction in which such offer or invitation is not authorised or to any person to whom it is unlawful to make such offer or solicitation. Potential users of this website are requested to inform themselves about and to observe any such restrictions.

SPECIAL WARNING CONCERNING ETFs

The information (data, graphs, and documents) contained in this site, though provided by reliable sources, does not constitute any form of investment advice. Moreover, this site is consulted entirely at the viewer’s risk. Ossiam‘s Exchange Traded Funds (ETFs) may be subject to restrictions with regard to certain persons or in certain countries according to national regulatory requirements applicable to those persons or in those countries. It is the responsibility of the investor to ensure authorization for investment in these products.

Trackers, also called Exchange Traded Fund or ETFs, are index funds that are listed on the stock exchange and replicate the performance of their benchmark index as closely as possible whether it is rising or falling.

Investments in shares of an ETF present in particular the following risks:

- Equity risk: an ETF may be 100% exposed to market risks linked to movements of the equity components of the index. Equity market movements may lead to significant variation in the net assets, which can have a negative impact on the Fund's net asset value.

- Risk of the loss of invested capital: given the equity risk, the investor is warned that he may suffer non-measurable losses in his invested capital, as investments are subject to normal market fluctuations, as well as risks inherent to any security investment. The initial capital invested is not guaranteed. An investment should only be carried out by investors who may sustain loss of their investment.

Investment in Ossiam Lux is not suitable for all investors and the amount to be reasonably invested in the Fund depends on the investor's personal circumstances. To determine this, investors must take into account their personal wealth, personal assets, current and future needs, as well as their risk tolerance profile, whether this favours high or low-risk investments. It is also highly recommended that investments be diversified in order to avoid exposure solely to the risks of this Fund. Investors are advised to seek advice from their usual advisors (financial, legal, taxation) before purchasing any share units.

No information on this site constitutes an offer to buy, an offer to sell securities, investment advice regarding the purchase or sale of any security, or an offer or solicitation by Ossiam to supply investment advice or financial, legal, fiscal, or investment services, or the buying or selling of securities or other financial instruments.

Ossiam does not give any guarantee or make any declaration, expressly or implicitly, that the information given on this site is accurate, complete, or up to date.

The reference documents (full prospectus, annual report and periodic documentation) are available on request from Ossiam and on the website ossiam.com .

AVAILABILITY AND COMPATIBILITY

Ossiam does all it can to ensure that there is no interruption to the availability of this website. However, it accepts no responsibility for any loss or damage suffered as a result of any interruptions – whether voluntary or involuntary – which may occur.

Ossiam does not offer any guarantee regarding the compatibility of the forms on this website with any infrastructure or with your material. As a user, you must ensure that you have the appropriate computer equipment as well as the necessary software, including security software (firewall and anti-virus).

INTELLECTUAL PROPERTY RIGHTS

The user expressly acknowledges that the information and data made available to him/her are and remain the property of Ossiam or its partners, as stated on the website. Text, designs, photographs, images, data, company and domain names, brands, logos, and other elements are protected by intellectual property rights.

No one may reproduce these or disseminate them in the public domain without prior authorization in writing from Ossiam, except where laws on authors’ rights and related rights stipulate otherwise. As a user you have, for example, the right to download information from this website and reproduce it for private use, and disseminate it among family members free of charge.

If Ossiam allows you to put your own contributions or images on the website, you may not submit material that is protected by intellectual property rights, unless you yourself hold these rights or have been given the necessary authorization by the holders of those rights to place the material on the website. By placing your contributions or your own photographs on the website, you expressly confer on Ossiam the right to publish these contributions or photographs on the website, without having any claim to payment. In any event, the user fully safeguards Ossiam against any claims by third parties.

UNAUTHORISED USE OF THE WEBSITE

As a user of this website, you agree not to:

- use the information published on this website in an illicit or illegal manner;

- use this website in such a way that it is damaged, altered, interrupted, or rendered less effective in any way;

- use this website to transmit computer viruses, or to send illegal or illicit material, or material that is inappropriate in any way – especially, but not exclusively, offensive, obscene, or threatening material;

- use this website in such a way that it damages the rights of individuals or organizations – especially, but not exclusively, the rights to privacy and intellectual property;

- use this website to send or transmit promotional material or advertising.

Ossiam reserves the right formally to notify the user and/or take legal action if its interests or those of third parties are damaged by violation of the above rules, or in any other way.

RESPONSIBILITY

Except in the event that it is seriously at fault or negligent, and can be demonstrated to have caused loss or damage as a result, Ossiam cannot be held responsible for any loss or damage that may result from using this website or the information on it or obtainable through it (notably via links).

Ossiam can also not be held responsible for any loss or damage resulting from technical failure, interruptions to access to the website, or any problems with your computer or software.

Ossiam cannot be held responsible for any loss or damage due to viruses, bugs, Trojan horses, etc. that appear on the website despite the precautions taken.

LEGAL JURISDICTION

This website is governed by French law, and only the French courts may deal with any dispute that may arise in relation to this website.