Common use of CLIENT FUNDS Clause in Contracts

CLIENT FUNDS. 12.1. The Company holds an omnibus account which is named as Client Account where all Clients funds are held. The Company holds a different account for its own money separated from the Clients funds. 12.2. Unless the Client notifies the Company in writing or otherwise, the Company may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold all control Client Funds where the Company transfers the Client Funds (a) for the purposes of a transaction for the Client through or with that person; or (b) to meet Clients obligations to provide collateral for a transaction (e.g. an initial margin requirement for a derivative transaction). 12.3. The Client authorises the Company to make any deposits and withdrawals from the Client’s Account on his/ her behalf including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Terms and all amounts which are payable by or on behalf of the Client to the Company or any other person. 12.4. Unless the Parties otherwise agree, in writing, any amount payable by the Company to the Client, shall be paid directly to the Client’s account held with the Company. 12.5. The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations (Free Margin) from his/ her Account without closing the said Account. 12.6. Money transfer request (withdrawal from Trading Account) is processed within the time frame indicated on the Company’s website, under deposit and withdrawal section, after receiving from the Client transfer request instructions. When the transfer request process is concluded the transferring amount is reduced from the balance of the Client's Trading Account. The Client can then request for a withdrawal from his Account. The Company reserves the right to decline a withdrawal request if the request is not in accordance with Clause 12.9 below, or delay the processing of the request if not satisfied on full documentation of the Client. 12.7. The Client agrees to pay any bank transfer fees which might occur when withdrawing funds from the Client’s Account and depositing them to his designated bank account. The Client must provide to the Company the payments details. The Client shall be held fully liable for his own funds, if he has provided the Company with wrong and/or misleading details. The Company bears no responsibility for any funds not deposited directly into the Company’s bank accounts. 12.8. The Client agrees that any amounts sent by the Client or on the Client’s behalf in the bank account of the Company will be deposited to the Client’s Account at the value date of the payment received and net of any charges/ fees charged by the bank account providers or any other intermediary involved in such transaction process. The Company must be satisfied that the sender is the Client or an authorised representative of the Client before making any amount available to the Client’s Account, otherwise the Company reserves the right to refund/ send back the net amount received to the remitter by the same method as received. 12.9. ▇▇▇▇▇▇▇▇▇▇▇ should be made using the same method used by the Client to fund his/ her Account and to the same remitter. The Company reserves the right to decline a withdrawal with specific payment method and suggest another payment method where the Client needs to proceed with a new withdrawal request, or request further documentation while processing the withdrawal request. If the Company is not satisfied with any documentation provided by the Client will reverse the withdrawal transaction and deposit the amount back to the Client’s Account. More details on the circumstances which the Company might cancela withdrawal request can be found on “Withdrawal Conditions” which is accessible via the Company’s website. 12.10. The Client agrees to waive any of his rights to receive any interest earned in the money held in the Bank Accounts and consents that the Company will benefit for such an interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts. Such expenses will not be passed over to the Clients what so ever. However, the Company may at its discretion pay interest ata rate and basis of calculation as it determines. 12.11. Where the Client’s Account is classified as Closed/Terminated with a positive balance (i.e. there are funds available on Client’s Account), the Company will have the right to cease treating those funds as Client Money and make a deduction of the Account balance from Company's Client Account to Company's Own account. If the Client later make a valid claim to the Company, the Company may pay the Client any amount owed to the Client by the Company.

Appears in 1 contract

Sources: Account Opening Agreement

CLIENT FUNDS. 12.1. The Company holds an omnibus a segregated account which is named as Client Account where all Clients Clients' funds are held. The Company holds a different account for its own money separated from the Clients funds. 12.2. Unless the Client notifies the Company in writing or otherwise, the Company may allow a third party, such as an exchange, a clearing house clearinghouse or an intermediate broker to hold all control controlled Client Funds where the Company transfers the Client Funds (Funds. a) for For the purposes of a transaction for the Client through or with that person; or (or b) to To meet Clients Client's obligations to provide collateral for a transaction (e.g. an initial margin requirement for a derivative transaction). 12.3. The Client authorises the Company to make any deposits and withdrawals from the Client’s Account on his/ her behalf including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Terms and all amounts which are payable by or on behalf of the Client to the Company or any other person. 12.4. Unless the Parties otherwise agree, in writing, any amount payable by the Company to the Client, shall be paid directly to the Client’s account held with the Company. 12.5. The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations (Free Margin) from his/ her Account without closing the said Account. 12.6. Money transfer request (withdrawal from Trading Account) is processed within the time frame indicated on the Company’s website, under the deposit and withdrawal section, after receiving from the Client transfer request instructions. When the transfer request process is concluded the transferring amount is reduced from the balance of the Client's Trading Account. The Client can then request for a withdrawal from his Account. The Company reserves the right to decline a withdrawal request if the request is not in accordance with Clause 12.9 below, below or delay the processing of the request if not satisfied on with the full documentation of the ClienttheClient. 12.7. The Client agrees to pay any bank transfer fees which might occur when withdrawing funds from the Client’s Account and depositing them to his designated bank account. The Client must provide to the Company with the payments payment details. The Client shall be held fully liable for his own funds, funds if he has provided the Company with wrong and/or misleading details. The Company bears no responsibility for any funds not deposited directly into the Company’s bank accounts. 12.8. The Client agrees that any amounts sent by the Client or on the Client’s behalf in the bank account of the Company will be deposited to the Client’s Account at the value date of the payment received and net of any charges/ fees charged by the bank account providers or any other intermediary involved in such transaction process. The Company must be satisfied that the sender is the Client or an authorised representative of the Client before making any amount available to the Client’s Account, otherwise the Company reserves the right to refund/ send back the net amount received to the remitter by the same method as received. 12.9. ▇▇▇▇▇▇▇▇▇▇▇ should be made using the same method used by the Client to fund his/ her Account and to the same remitter. The Company reserves the right to decline a withdrawal with a specific payment method and suggest another payment method where the Client needs to proceed with a new withdrawal request, or request further documentation while processing the withdrawal request. If the Company is not satisfied with any documentation provided by the Client Client, it will reverse the withdrawal transaction and deposit the amount back to into the Client’s Account. More details on the circumstances in which the Company might cancela cancel a withdrawal request can be found on “Withdrawal Conditions” which is accessible via the Company’s website. 12.10. The Client agrees to waive any of his rights to receive any interest earned in the money held in the Bank Accounts and consents that the Company will benefit for from such an interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts. Such expenses will not be passed over to the Clients what so everwhatsoever. However, the Company may at its discretion pay interest ata at a rate and basis of calculation as it determines. 12.11. The client acknowledges that card and payment processing will be processed by a third party contracted by the company. 12.12. Where the Client’s Account is classified as Closed/Terminated with a positive balance (i.e. there are funds available on the Client’s Account), the Company will have the right to cease treating those funds as Client Money and make a deduction of the Account balance from Company's Client Account to Company's Own account. If the Client later make makes a valid claim to the Company, the Company may pay the Client any amount owed to the Client by the Company.

Appears in 1 contract

Sources: Account Opening Agreement

CLIENT FUNDS. 12.1. The Company holds an omnibus account which is 13.1 All funds, handed over by the Client to the Company, intended for the provision of Investment Services, as in Clause 3 above, will be held in separate client accounts named as Client Account where all together with money of other Clients funds are held. The Company holds a different account for its own money separated segregated from the Clients fundsfunds belonging to the Company. 12.2. 13.2 Unless the Client notifies informs the Company in writing or otherwise, the Company may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold all or control Client Funds where Funds. In this case the Company transfers the Client Funds (a) for the purposes of a transaction for the Client through or with that person; or (b) to meet Clients obligations to provide collateral guarantee for a transaction (e.g. an initial margin requirement for a derivative transaction). 12.3. 13.3 The Client authorises authorizes the Company to make any deposits and withdrawals from the Client’s Account on his/ her his behalf including, without prejudice to the generality of the above, including withdrawals for the settlement of all transactions undertaken under the Terms and all amounts which are payable by or on behalf of the Client to the Company or any other person. 12.4. 13.4 Unless the Parties otherwise agreeagree otherwise, in writing, any amount payable by the Company to the Client, shall will be paid directly to the Client. 13.5 The Company may at its discretion from time to time and without Client’s account consent set off any amounts held with on Client’s behalf against the Client’s obligation to the Company. 12.5. 13.6 The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations (Free Margin) from his/ her his Account without closing the said Accountaccount. For the withdrawal to be processed the Client must have satisfied the full KYC and Compliance of the company by submitting full documentation. Client agrees to pay additional withdrawal fee if volume requirements of 3 lots traded are not met prior to withdrawal request. If the Client meets the requirement of 3 lots traded before withdrawal, he is released from the obligation to pay additional fees to the Company (this does not include any transfer or third-party payment fees imposed by payment providers). 12.6. 13.7 Money transfer request (withdrawal from Trading Accounttrading account) is processed within the time frame indicated on the Company’s website, under deposit and withdrawal section, three Business Days after receiving from the Client transfer Client's request instructions. When the transfer request process is concluded the transferring The transferred amount is reduced from reduces the balance of the Client's Trading Account. The Client can then request for a withdrawal from his Accountsub‐account. The Company reserves the right to decline reject a withdrawal request if the request is not in accordance with Clause 12.9 15 below, or delay the processing of the request if not satisfied on full documentation of the Client. 12.7. 13.8 The Client agrees to pay any requested bank transfer fees which might occur when withdrawing funds from the Client’s Account and depositing them to his designated bank account. The Client must provide is fully responsible for payments details, given to the Company .The Company accepts no responsibility for the payments detailsClient’s funds,if the details given by the Client are wrong. The Client shall be held fully liable for his own funds, if he has provided It is also understood that the Company with wrong and/or misleading details. The Company bears accepts no responsibility for any funds funds, which have been not deposited transferred directly into the Company’s bank accounts. 12.8. 13.9 The Client agrees that any amounts sent by the Client or on the Client’s behalf in to the Company’s bank account of the Company will be deposited to the Client’s Account at the value date of the payment received and net of any charges/ fees charged by the bank account providers or any other intermediary involved in such transaction process. The Company must be satisfied that the sender is the Client or an authorised his authorized representative of the Client and that a KYC procedure has been completed before making any amount available to the Client’s Account; otherwise, otherwise the Company reserves the right to refund/ refund/send back the net amount received to the remitter sender by the same method as received. 12.9. ▇▇▇▇▇▇▇▇▇▇▇ 13.10 Withdrawals should be made using the same method used by the Client to fund his/ her his Account and to the same remitter. The Company reserves has the right to decline a withdrawal with specific payment method and suggest propose another payment method where the Client needs to proceed with a new withdrawal request, or request further documentation while processing the withdrawal request. If the Company is not satisfied with any documentation provided by the Client , it will reverse the withdrawal transaction and deposit the amount back to the Client’s Account. More details on the circumstances which the Company might cancela withdrawal request can be found on “Withdrawal Conditions” which is accessible via the Company’s website. 12.10. 13.11 The Client agrees to waive renounce any of his rights to receive any interest earned in the money held in the Bank Accounts and consents agrees that the Company will benefit for such an interest earned to cover registration/ registration / general expenses/ charges/ expenses / charges and other fees and interest related to the administration and maintenance of the bank accounts. Such expenses will not be passed over to the Clients what so ever. However, the Company may at its discretion pay interest ata rate and basis of calculation as it determines. 12.11. Where the Client’s Account is classified as Closed/Terminated with a positive balance (i.e. there are funds available on Client’s Account), the Company will have the right to cease treating those funds as Client Money and make a deduction of the Account balance from Company's Client Account to Company's Own account. If the Client later make a valid claim to the Company, the Company may pay the Client any amount owed to the Client by the Company.

Appears in 1 contract

Sources: Account Opening Agreement

CLIENT FUNDS. 12.1. The Company holds an omnibus account which is 13.1 All funds, handed over by the Client to the Company, intended for the provision of Investment Services, as in Clause 3 above, will be held in separate client accounts named as Client Account where all together with money of other Clients funds are held. The Company holds a different account for its own money separated segregated from the Clients fundsfunds belonging to the Company. 12.2. 13.2 Unless the Client notifies informs the Company in writing or otherwise, the Company may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold all or control Client Funds where Funds. In this case the Company transfers the Client Funds (a) for the purposes of a transaction for the Client through or with that person; or (b) to meet Clients obligations to provide collateral guarantee for a transaction (e.g. an initial margin requirement for a derivative transaction). 12.3. 13.3 The Client authorises authorizes the Company to make any deposits and withdrawals from the Client’s Account on his/ her his behalf including, without prejudice to the generality of the above, including withdrawals for the settlement of all transactions undertaken under the Terms and all amounts which are payable by or on behalf of the Client to the Company or any other person. 12.4. 13.4 Unless the Parties otherwise agreeagree otherwise, in writing, any amount payable by the Company to the Client, shall will be paid directly to the Client. 13.5 The Company may at its discretion from time to time and without Client’s account consent set off any amounts held with on Client’s behalf against the Client’s obligation to the Company. 12.5. 13.6 The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations (Free Margin) from his/ her his Account without closing the said Accountaccount. For the withdrawal to be processed the Client must have satisfied the full KYC and Compliance of the company by submitting full documentation. Client agrees to pay additional withdrawal fee if volume requirements of 3 lots traded are not met prior to withdrawal request. If the Client meets the requirement of 3 lots traded before withdrawal, he is released from the obligation to pay additional fees to the Company (this does not include any transfer or third-party payment fees imposed by payment providers). 12.6. 13.7 Money transfer request (withdrawal from Trading Accounttrading account) is processed within the time frame indicated on the Company’s website, under deposit and withdrawal section, three Business Days after receiving from the Client transfer request instructionsClient's request. When the transfer request process is concluded the transferring The transferred amount is reduced from reduces the balance of the Client's Trading Account. The Client can then request for a withdrawal from his Accountsub‐account. The Company reserves the right to decline reject a withdrawal request if the request is not in accordance with Clause 12.9 15 below, or delay the processing of the request if not satisfied on full documentation of the Client. 12.7. 13.8 The Client agrees to pay any requested bank transfer fees which might occur when withdrawing funds from the Client’s Account and depositing them to his designated bank account. The Client must provide is fully responsible for payments details, given to the Company the payments details. The Client shall be held fully liable for his own funds, if he has provided the Company with wrong and/or misleading detailsCompany. The Company bears accepts no responsibility for the Client’s funds,if the details given by the Client are wrong. It is also understood that the Company accepts no responsibility for any funds funds, which have been not deposited transferred directly into the Company’s bank accounts. 12.8. 13.9 The Client agrees that any amounts sent by the Client or on the Client’s behalf in to the Company’s bank account of the Company will be deposited to the Client’s Account at the value date of the payment received and net of any charges/ fees charged by the bank account providers or any other intermediary involved in such transaction process. The Company must be satisfied that the sender is the Client or an authorised his authorized representative of the Client and that a KYC procedure has been completed before making any amount available to the Client’s Account; otherwise, otherwise the Company reserves the right to refund/ refund/send back the net amount received to the remitter sender by the same method as received. 12.9. ▇▇▇▇▇▇▇▇▇▇▇ 13.10 Withdrawals should be made using the same method used by the Client to fund his/ her his Account and to the same remitter. The Company reserves has the right to decline a withdrawal with specific payment method and suggest propose another payment method where the Client needs to proceed with a new withdrawal request, or request further documentation while processing the withdrawal request. If the Company is not satisfied with any documentation provided by the Client Client, it will reverse the withdrawal transaction and deposit the amount back to the Client’s Account. More details on the circumstances which the Company might cancela withdrawal request can be found on “Withdrawal Conditions” which is accessible via the Company’s website. 12.10. 13.11 The Client agrees to waive renounce any of his rights to receive any interest earned in the money held in the Bank Accounts and consents agrees that the Company will benefit for such an interest earned to cover registration/ registration / general expenses/ charges/ expenses / charges and other fees and interest related to the administration and maintenance of the bank accounts. Such expenses will not be passed over to the Clients what so ever. However, the Company may at its discretion pay interest ata rate and basis of calculation as it determines. 12.11. Where the Client’s Account is classified as Closed/Terminated with a positive balance (i.e. there are funds available on Client’s Account), the Company will have the right to cease treating those funds as Client Money and make a deduction of the Account balance from Company's Client Account to Company's Own account. If the Client later make a valid claim to the Company, the Company may pay the Client any amount owed to the Client by the Company.

Appears in 1 contract

Sources: Account Opening Agreement