Equiti (”We/our”) is a trading name of Divisa Capital LP, which is a registered Limited Partnership, registration number 2280392 with its registered address located at Building G, 4 Orbit Drive, Albany, Auckland 0632, New Zealand

We will observe the requirements of the Privacy Act 1993 in the performance of our obligations under these Terms and will comply with any request made or direction given by you, which is directly due to the requirements of the Privacy Act 1993.  This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

Please read the following carefully to understand our views and practices regarding your personal data.

By visiting www.equiti.com you are accepting and consenting to the practices described in this Policy.

We train our employees who handle personal information to respect the confidentiality of customer information and the privacy of individuals. We regard breaches of your privacy very seriously and will impose appropriate penalties, including dismissal, should we deem it necessary.

For the purposes of the Act We have nominated a data protection officer to ensure that the management of personal information complies with this Act and this Policy.



We will collect and process the following data about you from:

Information you give us:

  • This is information about you that you give us by filling in forms on our website equiti.com (our site) or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our website, when you report a problem with our site or when you contact us to discuss any aspect of your account with us.
  • The information you give us may include your name, address, date of birth, e-mail address and phone number, financial, tax and payment information, personal data and photograph ID or other information. We obtain most of this information directly from our customers through account applications or other submission forms, and from maintaining records of customer information provided in the course of our ongoing customer service. We may also obtain information from other sources to meet certain regulatory requirements.
  • We may ask for other information voluntarily from time to time (for example, through market research, surveys or special financial promotion offers) to enable us to improve our service or consider the wider needs of our customers.

Information we collect about you:

  • Website: when visiting our site we will automatically collect the following information:
  • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, and operating system and platform.
  • information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
  • Telephone Discussions: In each of your discussions with members of our staff we may collect the following information about your call, i.e.: date and time, personal details, any changes registered after the opening of your account and any other significant information which we believe will assist in the efficient operation and maintenance of your account with us.

Information we receive from other sources:

We work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies). We use this information to, amongst other matters, assist us in AML/KYC matters.



Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information please read our Cookies Policy.



We are always looking at ways to improve efficiency and functionality for customer experience on the website through technology enhancements. This may mean a change to the way in which we collect or use personal information. The impact of any technology changes, which may affect your privacy, will be notified to you at the time of any such change.



Our site may have links to external third party websites that may benefit the user. Please note, however, that third party websites are not covered by our privacy policy and these sites are not subject to our privacy standards and procedures.



We use information held about you in the following ways from Information you give to us:

  • We will need to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
  • to provide you with information about other products and services we offer that are similar to those that you have already agreed to or enquired about;
  • to provide you, or permit selected third parties to provide you, with information about products or services we feel may be of interest to you. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data or email us at
  • to ensure that content from our site is presented in the most effective manner for you and for your computer.

Information we collect about you we will use as follows:

  • to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve our website to ensure that content is presented in the most effective manner for you and for your computer;
  • to allow you to participate in interactive features of our service, when you choose to do so;
  • as part of our efforts to keep our website safe and secure;
  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
  • to make suggestions and recommendations to you and other users of our site about products or services that may interest you or them.

Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).



Depending on the product or service concerned and particular restrictions on sensitive information, this means that personal information may be disclosed to: 

  • Other companies within the Equiti group of companies who provide financial and other services;
  • Service providers and specialist advisers who have been contracted to provide us with administrative, financial, insurance or other services; 
  • Introducing brokers with whom, we have a mutual relationship
  • Credit providers, courts, tribunals and regulatory and government tax authorities as agreed and authorised by law;
  • Reference and credit reference agencies. This includes exchanging information with other companies and organisations for the purposes of money laundering regulations, financial crime, fraud protection and mitigation of credit risk;
  • Anyone authorised by the individual, as specified by that individual or by law through a Power of Attorney Agreement.


You agree that We have the right to share your personal information with:

  • advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we will provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience;
  • analytics and search engine providers that assist us in the improvement and optimisation of our site;
  • credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.


We will disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
  • If Equiti, or substantially, all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or other agreements; or to protect the rights, property, or safety of Equiti, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.



We hold personal information in a combination of secure cloud storage facilities, held electronically on off-site back-up servers or held within multiple cloud servers and we take all necessary steps to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure.

The data that we collect from you may be transferred to, and stored at, a destination selected by us. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.



You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us by Email:



The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Further information on subject access requests can be found on https://www.privacy.org.nz website

If you would like a copy of the information we hold about you, please write to us verifying your identity and specifying what information you require at the address set out for notices and correspondence in clause 1.1 of our Client Agreement.



Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.



If you consider that any action of ours breaches this Privacy Policy Statement or the Privacy Act Principles or otherwise doesn’t respect your privacy, you can make a complaint. This will be acted upon promptly. To make a complaint, please contact the client services department or our Compliance Department at the following address:

Postal address:

Divisa Capital LP

P O Box 303 306

North Harbour

Auckland 0632 New Zealand





Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer after you agree to such use. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

Strictly necessary cookies:

These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website. Without these cookies, services you've asked for (such as access to secure areas) can't be provided. These cookies will not gather any information about you that could be used for marketing or remembering where you've been on the internet. This category cannot be disabled.


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Analytical/performance cookies:

They allow us to recognise and count the number of visitors to our website and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

These cookies are not used to target you with online advertising. Without these cookies we are unable to learn how our website is performing and make relevant improvements that could improve your browsing experience.


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    3- Functionality cookies:

These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

These can also be used to remember log-in details, changes you've made to text size, font and other parts of pages that you can


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 4- Targeting cookies:

These cookies record your visit to our website and browsing habits, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with selected third parties for this purpose.


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Please note that other third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

If you've disabled one or more cookie categories, we may still use information collected from existing cookies, but we'll stop using the disabled cookies to gather any further information. You can delete existing cookies from your browser.

More information:

Information about cookies:

  • http://www.allaboutcookies.org

Internet Advertising Bureau:

  • Guide to online advertising and privacy

Equiti is a trading name of Divisa Capital LP, Divisa Capital LP is a registered Limited Partnership, registration number 2280392 with its registered address located at Building G, 4 Orbit Drive, Albany, Auckland 0632, New Zealand.


It is important to identify and effectively manage conflicts of interest, which arise or may arise in the course of providing a service and carrying out activities, as their existence may lead to material risk of damage to a client’s interests.  This document sets out Equiti’s policy for the management of such conflicts of interest. 

Equiti is a trading name of Divisa Capital LP, Divisa Capital LP is a registered Limited Partnership, registration number 2280392 with its registered address located at Building G, 4 Orbit Drive, Albany, Auckland 0632, New Zealand.

Equiti has taken this opportunity to examine its policies and procedures to ensure they remain fit for purpose and address, where potentially relevant, the issues in a way which is proportionate to the scale and complexity of its business.  Both the policy and the register of conflicts of interest will be reviewed on at least an annual basis.

This document does not intend to create third party rights or duties or form part of any contractual agreement between the firm and any client.  This policy may be amended and updated at any time if any material change occurs and will be reviewed on at least an annual basis.

If at any time you are in doubt as to how to act in a given situation where you are faced with an actual or potential conflict of interest, you should contact the Compliance Officer.

Whilst conflicts of interest are important to be adhered to by all of Equiti’s staff, they are non-exhaustive, and certain other additional rules may apply to readers who are members of professional associations by virtue of their job role.  Failure to follow any of the rules whether by express breach, or failure to follow any of the spirit of identifying, mitigating and managing conflicts of interest may also be a breach of an employment contract.  Disciplinary action may be taken by Equiti as a result.

Conflicts of Interest

These services that Equiti provides to its clients could potentially give rise to conflicts of interest entailing a material risk of damage to the interests of one or more clients.  This document aims to set out these potential conflicts and the procedures that are in place to be followed and measures to be adopted in order to manage such conflicts.

Conflicts of interest may occur between a customer and Equiti, including its managers, employees or any persons directly or indirectly linked to the firm, or between two or more clients. 

Treating customers fairly is central to the core values of Equiti.  There is an embedded culture that understands what is considered acceptable and unacceptable behaviour. As such, conflicts of interest and the identification / management / mitigation thereof are central to this philosophy and culture.


An actual or potential conflict may arise when, in the exercise of its activities and services, the interests of:

  • Equiti (including its managers, employees and appointed representatives or any person directly or indirectly linked to them by the control); or
  • its associates;

and the interest of its clients, are directly or indirectly in competition, and which could significantly prejudice the client’s interests.

Identifying situations where a conflict may arise

The circumstances giving rise to conflicts of interest include all cases where there is a conflict between the:

  • Interests of Equiti, an individual member of staff, certain persons directly or indirectly connected to Equiti; and the duty that Equiti owes to a client; or
  • Differing interests of two or more clients, as Equiti owes a separate duty to each of them.

Conflicts of interests could prejudice a client in various ways, whether or not Equiti suffers any financial loss and independently of whether the actions or the motivations of the employees involved are intentional.  For the purposes of identifying the types of conflicts of interest that arise, or may arise, Equiti must take into account, as a minimum whether the firm, a relevant person (e.g. a partner, employee or an appointed representative or a director, partner or employee of an appointed representative or a person who is directly involved in the provision of services to the firm or its appointed representative under an outsourcing agreement) or a person directly or indirectly linked by control to the firm:

  • Is likely to make a financial gain, or avoid a financial loss, at the expense of the client;
  • Has an interest in the outcome of the service to, or a transaction carried out for, a client which differs from the client’s interest;
  • Has a financial or other incentive to favour one client (or group of clients) over the interests of another;
  • Carries on the same or similar business as the client; and/or
  • Receives an inducement from a third party in the execution of the service provided to the client, other than the standard commission/fee for that service.

Generic Conflicts

Equiti has identified the following circumstances in which general types of potential conflicts of interest may arise:

  • The firm or an associate undertakes designated investment business for other clients including its associates (and the clients of its associates);
  • A partner or employee of the firm, or of an associate, is a director or partner of, holds or deals in securities of, or is otherwise interested in any company whose securities are held or dealt in on behalf of a client;
  • A partner or employee of the firm, or of an associate, is involved in the management of any company whose securities are held or dealt in on behalf of a client;
  • A transaction is effected in units or shares of a fund or company of which the firm or an associate is the manager, operator or adviser;
  • A transaction is effected in securities in respect of which the firm or an associate, or a partner, director or employee of the firm or an associate, is contemporaneously trading or has traded on its/their own account or has either a long or short position;
  • The firm may, when acting as agent for a client, match an order of the client with an order of another client for whom it is acting as agent.

Prevention and management

Equiti has identified specific potential conflicts of interests, which may arise in relation to its activities.  The general nature and/or source of these conflicts will be disclosed to clients before undertaking business in sufficient detail to enable the client to make an informed decision about the service in the context in which the conflict has arisen.  For each potential situation, Equiti has analysed whether or not the risk is actual or potential for one or more of its clients.

It is not always possible to prevent actual conflicts of interest from arising.  In that case Equiti will try to manage the conflicts of interests by segregating duties where possible or by establishing Chinese Walls.  In certain circumstances, Equiti may have to decline to take on a new client.

If Equiti considers developing new products or services or making other changes to its business model or operations, Senior Management will consider whether any additional potential conflicts of interest arise.

Senior management will update the “Conflicts of Interest Policy” and “Register of Potential Conflicts of Interest” as necessary on an ongoing basis and formally consider the continued adequacy of the arrangements on an annual basis.

Inducements including gifts and hospitality

Equiti maintains business relationships with third parties who may remunerate Equiti in the form of management and performance fees, which can constitute monetary or non-monetary benefits thereby impairing Equiti’s fiduciary duties to the client.  Such payments are classified as inducements.  Further details are included in the Compliance Manual.

Gifts and hospitality could lead to potential conflicts of interest.  No employee may accept from, or give to, any person any gift or other benefit that cannot properly be regarded as justifiable in all circumstances.  Policies and procedures have been implemented to ensure that staff and their connected persons do not offer or accept gifts or inducements which may give the perception that decisions or actions are not impartial. 

These policies are set out in the Compliance Manual.  All employees must act with the highest standards of integrity to avoid any allegations of conflicts of interest. 

A record is kept by the Compliance Officer of any gifts or hospitality received or given. Where an invitation to a hospitality event could be construed as being a business inducement, it must be declined and the Compliance Officer informed. 

Personal account dealing

Employees may only undertake personal investment activities that do not breach applicable law or regulation, do not unduly distract from their employment responsibilities and do not create an unacceptable risk to the company’s reputation.  Transactions should also be free from business and ethical conflicts of interest.  Employees must never misuse proprietary or client confidential information in their personal dealings and must ensure that clients are never disadvantaged as a result of their dealings.

Equiti’s Personal Account Dealing Policy has been established to ensure that personal account dealing by members of staff comply with this policy.  This includes a requirement for pre-deal approval from the Compliance Officer.  Such permission is normally only valid for 24 hours.

Equiti’s Personal Account Dealing policy is set out in the firms’ Compliance Manual. 

Outside employment, external Directorships and business interests

No employee may engage in any additional occupation without the consent of the Company. In certain circumstances, consent may be withheld.

Employees must not accept personal fiduciary appointments (such as trusteeships, Director appointments or executorships other than those resulting from family relationships) without first obtaining written approval from the COO or the Compliance Officer.

Aggregation of orders

Where Equiti aggregates the orders of clients, it must ensure that this does not work to the overall disadvantage of any client whose order is to be aggregated.  Equiti makes reference to this within the Order Execution Policy.


In certain cases, Equiti may disclose the general nature and/or source of potential or actual conflicts to its client in writing before undertaking business on its behalf so that the client can decide whether or not to accept these potential conflicts. 

If it is not possible to avoid or manage a conflict of interest, Equiti may have no choice but to decline to provide the service requested.

Segregation of Duties

There are several distinct tasks within the investment management business that could lead to potential conflicts of interest that are mitigated by them being segregated from the individuals directly involved in the task.

Information barriers

Equiti maintains appropriate policies in its internal policies detailing the potential use of “Insider Lists” and “Information Barriers” often known as Chinese Walls so as to limit or withhold the use of information that is price-sensitive, confidential, and could give rise to market abuse, restrictions on dealing, conflicts of interest, or any other improper or unethical activities. 

The Compliance Officer monitors along with the relevant business line managers the effectiveness of any Information Barriers that may be required.  In certain circumstances staff may need to be taken “across the wall”, should this be required, the Compliance Officer must be notified and a record made thereof.

Remuneration and Oversight

The management oversight and determination of appropriate remuneration of members of staff is conducted by Equiti’s Senior Management.  Remuneration is based on the overall results of the firm and is not based on the success of any particular transaction. 

Remuneration for customer facing and sales staff should be partly based on business production.

Staff are subject to appropriate management and supervision to ensure that Equiti is able to demonstrate that it has appropriate and effective arrangements in place to ensure that conflicts of interest are properly managed.

Record Keeping

Equiti must keep and regularly update a written record of the kinds of ancillary services or activities carried out by or on behalf of the firm in which a conflict of interest entailing a material risk of damage to the interests of one or more clients has arisen or, in the case of an ongoing service or activity, may arise.  These records will be for a minimum period from the date of creation and are maintained on an ongoing basis by the Compliance Officer.


Conflicts of Interest situations or potential conflicts situations should be reported to the Compliance Officer immediately.

This acceptable use policy sets out the terms between you and us under which you may access our website www.equiti.com (our site). This acceptable use policy applies to all users and visitors to our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use. The site operated by Equiti is a trading name of Divisa Capital LP.  Divisa Capital LP is a registered Limited Partnership, registration number 2280392 with its registered address located at Building G, 4 Orbit Drive, Albany, Auckland 0632, New Zealand


Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (as described below).
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.


Interactive services

We may from time to time provide interactive services on our site, including, without limitation: (interactive services)

  • Chat rooms.
  • Bulletin boards.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.


Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in New Zealand and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.


Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.


Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

1. Introduction

Equiti is a registered trading name of Divisa UK Limited.  Divisa UK Limited (“Divisa” or “The Firm”) is authorised and regulated by the Financial Conduct Authority (“FCA”) (FRN. 528328). In respect of the implementation of the Markets in Financial Instruments Directive (MiFID) in the European Union and in accordance with the Financial Conduct Authority (“FCA”) rules, Equiti is required to categorise its clients into one of the following three MAIN categories:

  • Retail;
  • Professional; or
  • Eligible counterparty.

It should be noted however, that The Firm does not offer investment advice to its client regardless of client categorisation.

2. Categorisation Criteria

Retail Client: is a client who is not a professional client nor eligible counterparty. Retail clients receive the highest level of regulatory protection from the FCA. This includes the segregation of their funds, in line with current FCA Client Money (CASS rules), along with access to the Financial Ombudsman Service (FOS) and the Financial Services Compensation Scheme (FSCS).

Professional Client: is a client who possesses the experience, knowledge and expertise to make his own investment decisions and properly assess the risks that he incurs. There are two classifications of Professional Client which are as follows:

2.1 Per Se Professional Client is either:

1. One of the following categories listed below which is required to be authorised or regulated to operate in the financial markets, including an equivalent entity from a non-EEA state:

(a) a credit institution;

(b) an investment firm;

(c) any other authorised or regulated financial institution;

(d) an insurance Firm;

(e) a collective investment scheme or the management Firm of such a scheme;

(f) a pension fund or the management Firm of a pension fund;

(g) a commodity or commodity derivatives dealer;

(h) a local;

(i) any other institutional investor; or

2. In relation to MiFID or equivalent third country business, where a Per Se Professional qualifies as a Large Undertakingwill need to meet two out of the three following size requirements on a Firm basis:

  • Balance sheet total €20,000,000
  • Net turnover of €40,000,000
  • Own funds €2,000,000; or

3. In relation to non-MiFID business or equivalent third country business a Large Undertaking will need to meet either of the following conditions:

(a) 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 £5m (or its equivalent in any other currency; or

(b) A large undertaking that meets (or any of whose holding companies or subsidiaries meets) two of the following tests:

(i)         a balance sheet total of €12,500,000;

(ii)        a net turnover of €25,000,000;

(iii)       an average number of employees during the year of 250; or

(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.

2.2 Elective Professional Client:

Equiti may treat a client as an Elective Professional Client if it has been assessed as compliant with (a) and complies with (b):

a. The firm undertakes 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; (the "qualitative test");

b. In relation to MiFID or equivalent third country business in the course of that assessment, at least two of the following criteria are satisfied:

(i) The client has carried out transactions, in significant size, on the relevant market at an average frequency of 10 per quarter over the previous four quarters;

(ii) The size of the client's financial instrument portfolio, defined as including cash deposits and financial instruments, exceeds € 500,000;

(iii) The client works or has worked in the financial sector for at least one year in a professional position, which requires knowledge of the transactions or services envisaged;(the "quantitative test"); and

The following procedure should then be followed:

c. The client must state in writing to the firm 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;

 d.The firm must give the client a clear written warning of the protections and investor compensation rights the client may lose; and

 e.The client must state in writing, in a separate document from the contract, that it is aware of the consequences of losing such protections.

Eligible Counterparty Clients:   An eligible counterparty is a client that is either a per se eligible counterparty or an elective eligible counterparty.

Clients can only be an eligible counterparty if the firm is undertaking one of the following activities for them:

  • Arranging in relation to business which is not MiFID or equivalent third country firm business;
  • Dealing on own account, execution of orders on behalf of clients or reception and transmission of orders;
  • Any ancillary service directly related to a service or activity referred to above.

If the firm is not conducting any of these transactions, then the client cannot be classed as an eligible counterparty.

2.3 Per Se Eligible Counterparties:

Each of the following is a per se eligible counterparty (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 3.6:

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 EU 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;

j)   A supranational organisation.

2.4 Elective Eligible Counterparties

A firm may treat a client as an elective eligible counterparty if:

1. The client is an undertaking and:

a)   Is a per se professional client (except for a client that is only a per se professional client because it is an institutional investor under COBS 3.5.2 R (5)) and, in relation to business other than MiFID or equivalent third country business:

i)  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); or

ii)  Meets the criteria in the rule on meeting two quantitative tests (COBS 3.5.2 R (3)(b)) (see (b) under ‘Per se Professional Clients’); or

b)   Requests such categorisation and is an elective professional client, but only in respect of the services or transactions for which it could be treated as a professional client; and

2. The firm has, in relation to MiFID or equivalent third country business, obtained express confirmation from the prospective counterparty that it agrees to be treated as an eligible counterparty.

The categories of elective eligible counterparties include an equivalent undertaking that is not from an EEA State provided the above conditions and requirements are satisfied.