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Risk Acknowledgement Form

Risk Acknowledgement Form Template for Belgium

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Key Requirements PROMPT example:

Risk Acknowledgement Form

"I need a Risk Acknowledgement Form for a Belgian investment advisory firm, compliant with FSMA regulations, to be used for high-net-worth clients investing in complex derivative products starting January 2025."

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Document background
The Risk Acknowledgement Form is a critical legal document used in Belgian business and consumer transactions where significant risks need to be disclosed and formally acknowledged. It is particularly relevant in financial services, adventure sports, medical procedures, and other high-risk activities where clear understanding and acceptance of risks is essential. The document must comply with Belgian Civil Code requirements, consumer protection laws, and sector-specific regulations. It typically includes detailed risk descriptions, clear acknowledgment statements, and may require specific language provisions depending on the Belgian region where it's used. The form serves both as a risk management tool and legal protection mechanism, documenting that proper risk disclosure has been made and understood by the acknowledging party.
Suggested Sections

1. Parties: Identification of the party providing the risk disclosure and the acknowledging party, including full legal names and addresses

2. Background: Brief context of why the risk acknowledgement is required and its relationship to any main transaction or service

3. Definitions: Key terms used in the document, particularly technical or specific risk-related terminology

4. Risk Disclosure Statement: Detailed description of all relevant risks being disclosed, written in clear and understandable language

5. Acknowledgement of Understanding: Express confirmation that the acknowledging party has read, understood, and accepts the risks described

6. Independent Assessment: Confirmation that the acknowledging party has had the opportunity to seek independent advice

7. No Guarantees or Warranties: Statement that past performance or examples given do not guarantee future results

8. Execution: Signature blocks, date, and witness requirements if applicable

Optional Sections

1. Language Declaration: Required for use in specific Belgian regions, confirming the chosen language of the document and that the party understands it

2. Financial Capacity: Include when dealing with financial products - acknowledgement of financial capacity to bear potential losses

3. Regulatory Disclosures: Required when the risk acknowledgement relates to regulated activities or products

4. Digital Consent: Required when the form will be executed electronically, including specific provisions for electronic signature

5. Cooling-off Rights: Include for consumer contracts where mandatory cooling-off periods apply under Belgian law

Suggested Schedules

1. Schedule 1 - Specific Risks: Detailed breakdown of specific risks being acknowledged, with examples and scenarios where appropriate

2. Schedule 2 - Risk Mitigation Measures: Optional schedule describing any available risk mitigation measures or limitations

3. Appendix A - Glossary: Detailed explanations of technical terms and risk-related concepts

4. Appendix B - Regulatory Disclosures: Any mandatory regulatory disclosures or warnings required under Belgian law

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Acknowledging Party
Disclosing Party
Risk Event
Material Loss
Force Majeure
Inherent Risks
Notification
Professional Advice
Regulatory Requirements
Specified Activity
Financial Loss
Investment Objectives
Risk Tolerance
Risk Profile
Governing Law
Effective Date
Independent Assessment
Market Risk
Operational Risk
Legal Risk
Regulatory Risk
Disclosure Documents
Related Parties
Professional Advisers
Cooling-off Period
Execution Date
Business Day
Confidential Information
Competent Authority
Applicable Laws
Jurisdiction
Liability
Material Adverse Effect
Representatives
Risk Factors
Significant Risk
Specified Jurisdiction
Termination Event
Understanding Confirmation
Relevant Industries

Financial Services

Insurance

Investment Management

Professional Sports

Adventure Tourism

Medical Services

Clinical Trials

Construction

Real Estate

Professional Services

Education

Industrial Manufacturing

Research and Development

Relevant Teams

Legal

Compliance

Risk Management

Operations

Client Services

Product Development

Safety and Security

Regulatory Affairs

Business Development

Corporate Governance

Customer Relations

Relevant Roles

Risk Manager

Compliance Officer

Legal Counsel

Investment Advisor

Financial Controller

Operations Director

Safety Officer

Clinical Trial Coordinator

Project Manager

Insurance Underwriter

Client Relations Manager

Business Development Director

Corporate Secretary

Regulatory Affairs Manager

Industries
Belgian Civil Code (Code civil/Burgerlijk Wetboek): Fundamental contract law principles governing the formation and validity of contracts, including requirements for consent and capacity
Book VI of the Belgian Code of Economic Law: Contains provisions on consumer protection and information requirements for contracts, including mandatory disclosures and unfair terms
Belgian Language Decree of 19 July 1973: Regulates the use of languages in business relationships and documentation, requiring specific language versions depending on the region
Belgian General Data Protection Act of 30 July 2018: Implementation of GDPR principles in Belgian law, governing the collection and processing of personal data in documents
Belgian Act on Market Practices and Consumer Protection: Specific requirements for pre-contractual information and risk disclosure to consumers
Belgian Financial Services and Markets Authority (FSMA) Regulations: If the risk acknowledgment relates to financial products or services, FSMA regulations on risk disclosure must be considered
Belgian Electronic Communications Act: Requirements for electronic signatures and digital consent if the form is to be executed electronically
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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