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KYC and Suitability

Risk Capacity

A client's objective financial ability to absorb investment losses without material harm.

Definition

Risk capacity is the objective, financial dimension of a client's risk profile: how much of their portfolio they can afford to lose without jeopardizing their financial goals or standard of living. It is determined by factors such as income, net worth, existing debts, time horizon, and liquidity needs. Risk capacity is distinct from risk tolerance, which is the client's subjective willingness to accept volatility. Under the Client Focused Reforms suitability framework, when risk capacity and risk tolerance differ, the lower of the two governs the suitable risk level for the account.

Source

CIRO IDPC Rule 3402; NI 31-103 s.13.2; CSA Notice 31-336

Where this shows up on the CIRE

  • Outcome 3.2
  • Outcome 3.4

Test yourself

Two real CIRE-bank questions on this exact outcome. Click to reveal the answer and the rule citation.

  1. 1

    Under NI 31-103, a registrant must take reasonable steps to keep KYC information current. Which event most clearly triggers an obligation to update KYC before making a new recommendation?

    Outcome 3.2 · click for answer

    A.The client's account has been open for exactly 12 months.
    B.The client discloses a significant life change, such as the loss of employment, that materially affects their financial situation.Correct
    C.The client requests a copy of their account statement.
    D.The registrant changes branch locations within the same dealer member.

    NI 31-103 requires registrants to take reasonable steps to keep KYC information current and to update it when they become aware of a material change in the client's circumstances. A significant life change such as job loss directly affects financial situation, income, and risk capacity and is a textbook trigger for a KYC update. The passage of 12 months alone may prompt a periodic review under dealer policy but does not automatically trigger an update obligation independent of any change in the client's circumstances.

  2. 2

    A client opens a margin account and immediately requests a leveraged position equal to three times her net liquid assets. The registrant processes the order because the client signed the margin agreement and insists she understands the risks. Which statement best reflects the registrant's obligation?

    Outcome 3.4 · click for answer

    A.The registrant has no further obligation once the client has signed the margin agreement and acknowledged the risks.
    B.The registrant must still assess whether the leveraged strategy is suitable for the client's KYC profile; client acknowledgment of risk does not discharge the suitability obligation.Correct
    C.The suitability obligation is suspended for margin accounts because clients self-certify their understanding.
    D.The obligation is fully discharged if the registrant provides a written risk disclosure document at account opening.

    Signing a margin agreement and acknowledging risks transfers some responsibility to the client but does not extinguish the registrant's suitability obligation under NI 31-103 and CIRO rules. The registrant must still assess whether the leveraged strategy is appropriate given the client's financial situation, risk tolerance, and investment objectives. Suitability analysis applies to each order or recommendation, not only at account opening.

Related terms in KYC and Suitability

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