Winter is a Dealing Representative with Top Tier Investing, a mutual fund dealer and member...

According to the MFDA Rules, a Dealing Representative is required to make a suitability determination every time:

The Dealing Representative makes a recommendation to a client;

The Dealing Representative accepts a trade instruction from a client;

The Dealing Representative opens a new account for a client or changes the account type;

The Dealing Representative becomes aware of a material change in the client’s KYC information;

Securities are transferred or re-registered into the client’s account; or

There has been a change in the Approved Person responsible for the client’s account2

A suitability determination is the process of ensuring that any investment action taken for a client is suitable for the client based on their KYC information, such as investment objectives, risk tolerance, time horizon, financial situation, and investment knowledge. A suitability determination also requires putting the client’s interests first and disclosing any material factors involved in the investment action2

Therefore, Winter is required to make a suitability determination every time she makes a recommendation to a client (i) or she opens a new client account (iii). She is not required to make a suitability determination every time a client’s investment returns decline (ii) or the markets fluctuate (iv), unless these events trigger a material change in the client’s KYC information or affect the suitability of the client’s portfolio.