Art. 17 Para. 3 FIDLEV Says 'Agreed': Suitability Is Measured Against Your Own Clause
In Supervisory Communication 03/2026, FINMA measures every financial instrument used against two benchmarks: the risk profile and the agreed investment strategy. The second one comes from Art. 17 para. 3, second sentence, FIDLEV — a clause in the mandate, drafted by the firm's own legal team. Whatever the strategy annex permits, the suitability assessment can no longer reject.