Common use of Client Money Clause in Contracts

Client Money. ‌ 31.1 Any money received by us in respect of your account with us shall be treated as Client Money and be held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. Our Client Money accounts will be identified and designated separately from any accounts used to hold other money belonging to us. Interest will not be paid on the money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such money. 31.3 We will exercise all due skill, care and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you in accordance with this Agreement. 31.7 In the event that the account you hold with us is a joint account, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated the actual deposit. In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments to any party to the joint account provided that it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on your balance for a period of six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 we have taken reasonable steps to trace you and to return the balance to you; and 31.8.4 we make and retain records of all balances released from our Client Money bank accounts in respect of your Client Money. All unclaimed money will be paid to the Registrar of Unclaimed Moneys in accordance with the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370].

Appears in 2 contracts

Sources: Client Agreement, Client Agreement

Client Money. ‌ 31.1 Any money 9.1 When your Application Form has been accepted, following processing of the Application and investment monies by the Receiving Agent, the Receiving Agent will deposit cash received by us from You in respect of your connection with the Foresight ITS , until invested, with an Approved Bank in a common call account, together with cash balances belonging to other investors and the Receiving Agent shall appoint a suitably authorised person to operate such account. This account with us shall be treated as Client Money will have trust status and be held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. Our Client Money accounts will be identified and designated separately kept separate from any accounts used to hold other money belonging to usUs, the Receiving Agent or to the Depositary. Interest The Receiving Agent is not subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not be paid on receive the protections afforded by the FCA’s client money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such moneyrules. 31.3 We will exercise all due skill, care 9.2 Cash within Your Portfolio realised in relation to realisations and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money withdrawals will be held by that entity for you the Cash Custodian with an Approved Bank in accordance one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this Agreementchange, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 31.7 In 9.3 No responsibility is accepted for any acts or omissions of the event that Receiving Agent, the account you hold with us is a joint accountCash Custodian or the Approved Bank. Should the Receiving Agent, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated Cash Custodian or the actual deposit. In case of profit payments and/or withdrawalsApproved Bank become insolvent, We and/or our Group Companies may initiate payments will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any party to the joint account provided that Applicable Rules, We may direct Your money be used at Our own discretion if it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any remains unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on your balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 we and provided that We have taken reasonable steps (or have procured that such reasonable steps have been taken) to trace you You and to return the balance to you; and 31.8.4 we make and retain records of all balances released from our Client Money bank accounts in respect of your Client Money. All unclaimed money will be paid to the Registrar of Unclaimed Moneys in accordance with the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370]balance.

Appears in 2 contracts

Sources: Customer Agreement, Customer Agreement

Client Money. ‌ 31.1 Any money 9.1 Application monies received by us in respect of your account connection with us shall be treated as Client Money and the Foresight ITS will be held by the Receiving Agent until invested with an Approved Bank in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. Our Client Money accounts will be identified and designated separately from any accounts used to hold a client account, together with application monies of other money belonging to usinvestors. Interest will not be paid accrue on the money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such moneyYour application monies. 31.3 We will exercise all due skill9.2 Following processing of Your Application Form and Your application being accepted, care cash within Your Portfolio prior to investment or otherwise realised in relation to realisations and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money withdrawals will be held by that entity for you the Cash Custodian with an Approved Bank in accordance one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this Agreementchange, any interest earned on cash balances will be added to Your Portfolio. 31.7 In 9.3 The client accounts referred to in clauses 9.1 and 9.2 will have trust status and will be kept separate from any money belonging to Us, the event that Receiving Agent, the account you hold with us is a joint account, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and Cash Custodian or to the particular party that initiated Depositary. The Receiving Agent and the actual depositCash Custodian are subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent and the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 9.4 No responsibility is accepted for any acts or omissions of the Receiving Agent, the Cash Custodian or the Approved Bank. In case of profit payments and/or withdrawalsShould the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We and/or our Group Companies may initiate payments will claim on behalf of Our clients. 9.5 After termination of this Customer Agreement, and subject to any party to the joint account provided that Applicable Rules, We may direct Your money be used at Our own discretion if it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any remains unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on your balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 we and provided that We have taken reasonable steps (or have procured that such reasonable steps have been taken) to trace you You and to return the balance to you; and 31.8.4 we make and retain records of all balances released from our Client Money bank accounts in respect of your Client Money. All unclaimed money will be paid to the Registrar of Unclaimed Moneys in accordance with the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370]balance.

Appears in 2 contracts

Sources: Customer Agreement, Customer Agreement

Client Money. ‌ 31.1 Any money received by us in respect of a) Where the Custodian is holding your account with us shall be treated as Client Money and money, this will be held in trusta Cash Account opened with one or more banks, in accordance with this Clause 43 and the FCA Rules. Such money shall typically be promptly transferred to your Cash Account opened and managed by the Custodian and administered in accordance with the terms and conditions agreed with the Custodian. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. Our Client Money accounts b) Interest will be identified calculated daily at the rate of 0.75% per annum below the Custodian’s derived interest rate and designated separately from any accounts used resulting amount payable will be credited to hold other money belonging the Cash Account, generally on the last Business Day of each quarter. Any Cash including interest may be reinvested in deposits or funds of deposits. The balance of interest earned in the Cash Account will be paid by the Custodian to us. Interest will not be paid on The derived interest rate is the money held in amount of interest earned across the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest Accounts where the Custodian is holding money on such moneyyour behalf. 31.3 We c) The Custodian will exercise all due skill, care and diligence diligence, in accordance with the FCA Rules, when it is selecting which third party banks and brokers bank to use. We The Custodian will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers bank where your money is or may be deposited and of the arrangements for holding your money, in accordance with the FCA Rules. We The Custodian will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks bank or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts d) In the event of the Custodian’s failure (for example due to its bankruptcy or insolvency), any money held in the Cash Account by a third party bank will be segregated from the Custodian’s assets and will not be available to the Custodian’s creditors. However, in the event of failure of the third party bank and there is a shortfall, there may be a number of consequences for you which may include: i. UK bank accounts: where your money is placed in a UK account with a third party, because your money will be held in a pooled accounts and account which holds the Client Money client money relating to a number of clients. Claimants to money held , in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you in accordance with this Agreement. 31.7 In the event that the account you hold with us third party bank holding the money defaults and there is a joint accountshortfall, we do exercise all due care you will share proportionately in that shortfall with other creditors of that bank; ii. Non-UK bank accounts: in addition to any shortfalls through the pooling of accounts as described above, where your money is required to be held in a bank located outside the UK, you should be aware that the legal and diligence regulatory regimes (including any associated protections) that apply to ensure that all withdrawals are paid back the bank holding your money may be different to its source those of the UK. In the event of the bank’s failure, your rights and obligations may differ and your money could be less secure and treated differently from the position which would apply if the money were held in a customer bank account in the UK; iii. Other third parties: if and to the particular party that initiated extent your money or investments have been passed by the actual deposit. In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments Custodian to any other third party in connection with a transaction (for example, to an exchange, clearing house, intermediate broker or settlement agent, either in the joint UK or in a jurisdiction outside the UK), your money or investments may be at risk in the event of the default or insolvency of such third party. The organisation the Custodian passes your money to may hold it in a general account provided that and it has received appropriate approval may not always be possible to separate it from our money, or their money. If the organisation becomes insolvent, the Custodian will only have an unsecured claim against the organisation on your and our other customers’ behalf. You realise this means the other party and it is satisfied pursuant organisation may not pay the Custodian enough money to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with cover the arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on your balance for a period claim of six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 we have taken reasonable steps to trace you and to return the balance to you; and 31.8.4 we make and retain records of all balances released from our Client Money bank accounts in respect of your Client Money. All unclaimed money will be paid to the Registrar of Unclaimed Moneys in accordance with the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370]other customers.

Appears in 2 contracts

Sources: Discretionary Management Agreement, Discretionary Management Agreement

Client Money. ‌ 31.1 Any 18.1 Enternext market will treat money received from you or held by us in respect of on your account with us shall be treated as Client Money and be held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. Our Client Money accounts will be identified and designated separately from any accounts used to hold other money belonging to us. Interest will not be paid on the money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such money. 31.3 We will exercise all due skill, care and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you behalf in accordance with this Agreementthe FCA Client Money Rules. 31.7 18.2 Enternext market will hold all Client Money in client bank accounts. 18.3 It is not our policy to pay interest to you on any of your money held byFinartex. 18.4 In the event that the account you hold with us is a joint account, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated the actual deposit. In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments to any party to the joint account provided that it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on your account balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 ) and we have are unable to trace you despite having taken reasonable steps to trace do so, you and agree that we may cease to return the balance to you; and 31.8.4 treat your money as client money, we shall make and retain records of all balances released and undertake to make good any future valid claims against released balances. 18.5 You may not assign any part of your profits or losses to a third party. A third party may not place any funds in your account or withdraw funds from our Client Money your account. All withdrawals from your account balance must be payable directly to you (by means of a cheque SWIFT or debit/credit card payments). 18.6 Due to fraud preven�on measures and in accordance with money laundering regula�onsFinartex will only refund monies back to where they came from. Where monies have been deposited by card the funds will be returned to that card where possible and where not possible Enternext market may require sight of original bank statements showing original fund transfer to Enternext market before refunding to the said bank account. 18.7 Where monies have been deposited by bank transferFinartex may require sight of the original bank statement showing the deposit of the transfer before any refund is made. 18.8 Where bank accounts have been closedFinartex may require a le�er from the origina�ng bank sta�ng that the account has been closed and there are no funds owing to the bank. Before Enternext market will refund to a new bank account we may require sight of the original deposit transfer statement from the closed account and sight of an original new bank account statement. 18.9 In reference to this Clause, if ICM's records show a discrepancy between card details and ICM's account details as supplied by you, Enternext market may require sight of original bank statements, or any other relevant evidence, to confirm your new status before processing a refund. 18.10 Enternext market may transfer client money to a third party as part of transferring all or part of its business if, in respect of your Client Money. All unclaimed each client with an interest in the client money will that is sought to be paid to transferred, it obtains the Registrar consent or instruc�on of Unclaimed Moneys in accordance with that client at the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370]�me of the transfer of business.

Appears in 1 contract

Sources: Client Agreement

Client Money. ‌ 31.1 Any 18.1 Black ▇▇▇▇▇▇ will treat money received from you or held by us in respect of on your account with us shall be treated as Client Money and be held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. Our Client Money accounts will be identified and designated separately from any accounts used to hold other money belonging to us. Interest will not be paid on the money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such money. 31.3 We will exercise all due skill, care and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you behalf in accordance with this Agreementthe FCA Client Money Rules. 31.7 18.2 Black ▇▇▇▇▇▇ will hold all Client Money in client bank accounts. 18.3 It is not our policy to pay interest to you on any of your money held byFinartex. 18.4 In the event that the account you hold with us is a joint account, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated the actual deposit. In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments to any party to the joint account provided that it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on your account balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 ) and we have are unable to trace you despite having taken reasonable steps to trace do so, you and agree that we may cease to return the balance to you; and 31.8.4 treat your money as client money, we shall make and retain records of all balances released from our Client Money bank accounts in respect and undertake to make good any future valid claims against released balances. 18.5 You may not assign any part of your Client Moneyprofits or losses to a third party. A third party may not place any funds in your account or withdraw funds from your account. All unclaimed money will withdrawals from your account balance must be paid payable directly to the Registrar you (by means of Unclaimed Moneys a cheque SWIFT or debit/credit card payments). 18.6 Due to fraud preven�on measures and in accordance with money laundering regula�onsFinartex will only refund monies back to where they came from. Where monies have been deposited by card the Unclaimed Moneys funds will be returned to that card where possible and where not possible Black ▇▇▇▇▇▇ [Act 370]may require sight of original bank statements showing original fund transfer to Black ▇▇▇▇▇▇ before refunding to the said bank account. 18.7 Where monies have been deposited by bank transferFinartex may require sight of the original bank statement showing the deposit of the transfer before any refund is made. 18.8 Where bank accounts have been closedFinartex may require a le�er from the origina�ng bank sta�ng that the account has been closed and there are no funds owing to the bank. Before Black ▇▇▇▇▇▇ will refund to a new bank account we may require sight of the original deposit transfer statement from the closed account and sight of an original new bank account statement. 18.9 In reference to this Clause, if ICM's records show a discrepancy between card details and ICM's account details as supplied by you, Black ▇▇▇▇▇▇ may require sight of original bank statements, or any other relevant evidence, to confirm your new status before processing a refund. 18.10 Black ▇▇▇▇▇▇ may transfer client money to a third party as part of transferring all or part of its business if, in respect of each client with an interest in the client money that is sought to be transferred, it obtains the consent or instruc�on of that client at the �me of the transfer of business.

Appears in 1 contract

Sources: Client Agreement

Client Money. ‌ 31.1 6.1 Any identifiable money (in any currency) received by us WealthKernel for the account of any Customer (Client Money) will be received and held by WealthKernel in accordance with the FCA Rules detailed in the Client Asset Sourcebook agreed between them and us. Your Client Money (unless the we instruct WealthKernel to pay such money into an individual client account) will be pooled with Client Money belonging to our other Customers and will be held in an omnibus Client Money account with an approved banking institution, appointed by WealthKernel in accordance with the FCA Rules (Approved Bank). 6.2 In the event of an irreconcilable shortfall in the omnibus Client Money account following a default of an Approved Bank or any third party holding Client Money (such as a clearing house, settlement or money transfer system) you may not receive your full entitlement and may share in any shortfall on a pro rata basis with other affected Customers. It will be our responsibility to bring these arrangements to your attention. 6.3 WealthKernel may, from time to time, hold Client Money in a Customer bank account with an Approved Bank outside the United Kingdom. In such circumstances, the legal and regulatory regime applying to the Approved Bank with which that money is held may be different from that of the United Kingdom and, in the event of a default of the Approved Bank, such money may be treated differently from the position that would apply if the money was held by an Approved Bank in the United Kingdom and the rights and protections under the FCA rules will not be available to you in respect of these overseas Approved Banks. It will be our responsibility to bring these arrangements to your account with us shall be treated as Client Money and be held in trustattention. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly 6.4 WealthKernel does not pay any Client Money received to our Client Money bank accounts. Our Client Money accounts will be identified and designated separately from any accounts used to hold other money belonging to us. Interest will not be paid on the money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such moneyClient Money. 31.3 We 6.5 You agree that WealthKernel will exercise all due skill, care and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you in accordance with this Agreement. 31.7 In the event that the account you hold with us is a joint account, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated the actual deposit. In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments to any party to the joint account provided that it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on your balance for balances after a period of six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 we have and WealthKernel has otherwise taken reasonable steps to trace you and to return the any balance to you; andyou and paid the sums to charity. WealthKernel will nevertheless make good any subsequent valid claim against such balances. 31.8.4 we make 6.6 WealthKernel may also appoint agents, sub-nominees and retain records sub-custodians (whether in the United Kingdom or overseas), to hold investments held in custody. WealthKernel will exercise reasonable care in the selection of all balances released from our Client Money bank accounts in respect agents, sub-nominees and sub-custodians and before nominating a custodian it will undertake a risk assessment of your Client Money. All unclaimed money will be paid to the Registrar of Unclaimed Moneys that custodian in accordance with the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370]FCA Rules. WealthKernel will be responsible for the acts and omissions of its nominee, however, in the absence of its fraud or wilful default, WealthKernel shall not be responsible for the acts, omissions or default of any sub- nominee, custodian, sub-custodian, securities depository, intermediate broker or agent, clearing or settlement system or participant in such a system or third party bank. In the case of any securities held overseas there may be different settlement, legal and regulatory requirements in overseas jurisdictions from those applying in the United Kingdom and there may be different practices for the separate identification of securities. 6.7 In the event of our insolvency your money, by virtue of having been separated from our assets and held in a client bank account, will not be available to our creditors. However, should a third party with whom your money has been deposited default the following may happen: 1. UK bank accounts: If your money has been deposited in a UK bank account it will typically be held in a pooled account with other client’s money. If the third party bank defaults and there is a shortfall that cannot be met, then you may have to share in the loss according to the proportion of the funds attributable to you in the pooled account. 2. Non-UK bank accounts: If your money has been deposited in a non-UK bank account you face the same risk of loss as you would for a UK bank account. Additionally the laws of that country might be different from the laws and regulations in the UK. Your money might be less secure and might be treated differently than it would have been treated if it had been held in a UK bank account. 3. Other third parties: If your money has been passed on to another third party there is a risk that you could suffer financial loss if that third party defaults. These third parties will not always be able to keep your money separate from their money. This means that if they become insolvent we will only have an unsecured claim against them on your behalf. This means that they might not be able to pay us enough money to cover all of our clients unsecured claims. 6.8 WealthKernel reserves a right to retain all cash, investments or other assets of any description paid or delivered (or which are due to be paid or delivered) to Wealthkernel for your account. 6.9 We will notify you as soon as possible should your account balance fall to the point where the charges are greater than the credits.

Appears in 1 contract

Sources: Wealthkernel Client Retail Terms and Conditions

Client Money. 31.1 Any money received by us in respect of your account with us shall be treated as Client Money and be held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. Our Client Money accounts will be identified and designated separately from any accounts used to hold other money belonging to us. Interest will not be paid on the money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such money.. Forex River Ltd. / Client agreement 31.3 We will exercise all due skill, care and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable rateable proportion of the money held in that pool. 31.5 We and/or our Group Companies 31.4 Forex River Ltd uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies Forex River Ltd does not initiate speculative positions in the market." 31.6 31.5 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you in accordance with this Agreement. 31.7 31.6 In the event that the account you hold with us is a joint account, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated the actual deposit. In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments to any party to the joint account provided that it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 31.7 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.8.1 31.7.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 31.7.2 we have determined that there has been no movement on your balance for a period of six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 31.7.3 we have taken reasonable steps to trace you and to return the balance to you; and 31.8.4 31.7.4 we make and retain records of all balances released from our Client Money bank accounts in respect of your Client Money. All unclaimed money will be paid to the Registrar of Unclaimed Moneys Inland Revenue Department in accordance with the Unclaimed Moneys Money ▇▇▇ ▇▇▇▇ [Act 370].

Appears in 1 contract

Sources: Client Agreement

Client Money. (a) You agree that any money paid into your account is to be held in accordance with client money rules under the Corporations Act and may be used by Moomoo AU in accordance with the terms of this agreement and the Corporations Act. 31.1 Any (b) You agree that Moomoo AU may aggregate money received by us in respect of paid into your account with us shall funds received from other clients into a single or multiple designated account(s) which will be treated maintained as Client Money and be held in trustrequired by the Corporations Act. 31.2 In relation (c) You consent to Client Money unless you notify us in writing or otherwise we will promptly pay and direct Moomoo AU to: (i) retain any Client Money received interest accrued from time to our Client Money bank accounts. Our Client Money accounts will be identified and designated separately from any accounts used to hold other money belonging to us. Interest will not be paid time on the client money, and to invest that money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such money. 31.3 We will exercise all due skill, care and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms Corporations Act; (ii) withdraw client money in circumstances permitted by the Corporations Act including, but not limited to, acquiring products and services on your behalf and paying costs and remuneration payable to Moomoo AU; and (iii) withdraw client monies that Moomoo AU is otherwise entitled to pursuant to Law. (d) You agree that when Moomoo AU uses the client monies for a lawful purpose as set out in this clause, the client monies do not belong to you and do not constitute a loan or constructive trust in your favour. (e) You understand that Moomoo AU operates multiple client money trust accounts held with multiple Australian Authorised Deposit-taking Institutions (“ADIs” or “banks”) for segregated depository of these Termsclient money, which are compliant with Section 981B of the Corporations Act. The ADIs engaged for purpose of this paragraph include, but are not limited to, the following: (i) HSBC Bank Australia Limited (ii) Commonwealth Bank Australia (iii) MUFG Bank Ltd (f) You provide consent and standing direction for Moomoo AU to another legal entity (including any of our Group Companies) where we transfer all or part any sum of our business to that entity and your Client Money relates to client monies between the business transferred. Where we transfer your Client Money to another legal entity under this trust accounts as described in clause 31.6 we shall ensure that such Client Money will be held by that entity for you in accordance with 4.8 (e) of this Agreement. 31.7 In the event that the account you hold with us is a joint account, we do exercise at all due care and diligence times or from time to ensure that all withdrawals are paid back to its source and to the particular party that initiated the actual deposit. In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments to any party to the joint account provided that it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balancestime, for purposes of facilitating securities transactions, currency conversion, deposits and withdrawals as instructed by you, and of potentially earning interests on unused client money balance which may be passed on to you partially or wholly. You acknowledge and agree that ▇▇▇▇▇▇ AU may effect these transfers whether or not further specific instructions have been given by you or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on your balance for a period of six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 we have taken reasonable steps to trace you and to return the balance to you; and 31.8.4 we make and retain records of all balances released from our Client Money bank accounts in respect of your Client Money. All unclaimed money will be paid to the Registrar of Unclaimed Moneys in accordance with the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370].

Appears in 1 contract

Sources: Client Services Agreement

Client Money. ‌ 31.1 Any money 9.1 When your Application Form has been accepted, following processing of the application and investment monies by the Receiving Agent, the Receiving Agent will deposit cash received by us from You in respect of your connection with the Foresight ITS, until invested, with an Approved Bank (in the United Kingdom) in a common call account, together with cash balances belonging to other investors and the Receiving Agent shall appoint a suitably authorised person to operate such account. This account with us shall be treated as Client Money will have trust status and be held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. Our Client Money accounts will be identified and designated separately kept separate from any accounts used to hold other money belonging to usUs, the Receiving Agent or to the Depositary. Interest The Receiving Agent is not subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not be paid on receive the protections afforded by the FCA’s client money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such moneyrules. 31.3 We will exercise all due skill, care 9.2 Cash within Your Portfolio realised in relation to realisations and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money withdrawals will be held by that entity for you the Cash Custodian with an Approved Bank in accordance one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this Agreementchange, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 31.7 In 9.3 No responsibility is accepted for any acts or omissions of the event that Receiving Agent, the account you hold with us is a joint accountCash Custodian or the Approved Bank. Should the Receiving Agent, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated Cash Custodian or the actual deposit. In case of profit payments and/or withdrawalsApproved Bank become insolvent, We and/or our Group Companies may initiate payments will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any party to the joint account provided that Applicable Rules, We may direct Your money be used at Our own discretion if it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any remains unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on your balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 we and provided that We have taken reasonable steps (or have procured that such reasonable steps have been taken) to trace you You and to return the balance to you; and 31.8.4 we make and retain records of all balances released from our Client Money bank accounts in respect of your Client Money. All unclaimed money will be paid to the Registrar of Unclaimed Moneys in accordance with the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370]balance.

Appears in 1 contract

Sources: Customer Agreement

Client Money. ‌ 31.1 Any 18.1 GrowFinance will treat money received from you or held by us in respect of on your account with us shall be treated as Client Money and be held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. Our Client Money accounts will be identified and designated separately from any accounts used to hold other money belonging to us. Interest will not be paid on the money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such money. 31.3 We will exercise all due skill, care and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you behalf in accordance with this Agreementthe FCA Client Money Rules. 31.7 18.2 GrowFinance will hold all Client Money in client bank accounts. 18.3 It is not our policy to pay interest to you on any of your money held by GrowFinance LTD. 18.4 In the event that the account you hold with us is a joint account, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated the actual deposit. In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments to any party to the joint account provided that it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on your account balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 ) and we have are unable to trace you despite having taken reasonable steps to trace do so, you and agree that we may cease to return the balance to you; and 31.8.4 treat your money as client money, we shall make and retain records of all balances released and undertake to make good any future valid claims against released balances. 18.5 You may not assign any part of your profits or losses to a third party. A third party may not place any funds in your account or withdraw funds from our Client Money your account. All withdrawals from your account balance must be payable directly to you (by means of a cheque SWIFT or debit/credit card payments). 18.6 Due to fraud prevention measures and in accordance with money laundering regulations GrowFinance LTD will only refund monies back to where they came from. Where monies have been deposited by card the funds will be returned to that card where possible and where not possible GrowFinance may require sight of original bank statements showing original fund transfer to GrowFinance before refunding to the said bank account. 18.7 Where monies have been deposited by bank transfer GrowFinance LTD may require sight of the original bank statement showing the deposit of the transfer before any refund is made. 18.8 Where bank accounts have been closed GrowFinance LTD may require a leer from the originating bank stating that the account has been closed and there are no funds owing to the bank. Before GrowFinance will refund to a new bank account we may require sight of the original deposit transfer statement from the closed account and sight of an original new bank account statement. 18.9 In reference to this Clause, if ICM's records show a discrepancy between card details and CM's account details as supplied by you, GrowFinance may require sight of original bank statements, or any other relevant evidence, to confirm your new status before processing a refund. 18.10 GrowFinance may transfer client money to a third party as part of transferring all or part of its business if, in respect of your Client Money. All unclaimed each client with an interest in the client money will that is sought to be paid to transferred, it obtains the Registrar consent or instruction of Unclaimed Moneys in accordance with that client at the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370]me of the transfer of business.

Appears in 1 contract

Sources: Client Agreement

Client Money. ‌ 31.1 Any money 9.1 When your Application Form has been accepted, following processing of the application and investment monies by the Receiving Agent, the Receiving Agent will deposit cash received by us from You in respect of your connection with the Foresight ITS , until invested, with an Approved Bank in a common call account, together with cash balances belonging to other investors and the Receiving Agent shall appoint a suitably authorised person to operate such account. This account with us shall be treated as Client Money will have trust status and be held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. Our Client Money accounts will be identified and designated separately kept separate from any accounts used to hold other money belonging to usUs, the Receiving Agent or to the Depositary. Interest The Receiving Agent is not subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not be paid on receive the protections afforded by the FCA’s client money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such moneyrules. 31.3 We will exercise all due skill, care 9.2 Cash within Your Portfolio realised in relation to realisations and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money withdrawals will be held by that entity for you the Cash Custodian with an Approved Bank in accordance one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this Agreementchange, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 31.7 In 9.3 No responsibility is accepted for any acts or omissions of the event that Receiving Agent, the account you hold with us is a joint accountCash Custodian or the Approved Bank. Should the Receiving Agent, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated Cash Custodian or the actual deposit. In case of profit payments and/or withdrawalsApproved Bank become insolvent, We and/or our Group Companies may initiate payments will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any party to the joint account provided that Applicable Rules, We may direct Your money be used at Our own discretion if it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any remains unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on your balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 we and provided that We have taken reasonable steps (or have procured that such reasonable steps have been taken) to trace you You and to return the balance to you; and 31.8.4 we make and retain records of all balances released from our Client Money bank accounts in respect of your Client Money. All unclaimed money will be paid to the Registrar of Unclaimed Moneys in accordance with the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370]balance.

Appears in 1 contract

Sources: Customer Agreement

Client Money. 10.1. Subject to Section 10.11 we shall treat money held by Magnasale on your behalf as Client Money in accordance with the CySEC Rules. Under CySEC Rules, we keep and maintain books and accounting records of the Client Money held on behalf of our Clients. 31.1 Any 10.2. The provisions in this Agreement related to Client Money, are subject to the terms and conditions of the banks and credit institutions with which such Client Money is held and through which such funds are transferred. 10.3. We co-operate with various credit institutions. A complete list of the credit institutions with which we co-operate can be found at our Website or, where applicable, at the relevant Online Systems. 10.4. We will endeavour to hold Client Money on your behalf with authorised regulated banks or credit institutions in the Republic of Cyprus and the European Union, however we may also hold your money received by us outside the European Union. The Client Money will be kept in respect of your account with us shall be treated bank accounts denominated as Client Money and clearly segregated from Magnasale’s own funds. Client Money deposited may be kept in one or more omnibus accounts with any authorised regulated bank or credit institution which we will specify from time to time and will be held in trust. 31.2 In our name denominated as Client Money as set out above. The legal and regulatory regime applying to any such bank or payment processing company outside the European Union will be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other analogous proceedings in relation to Client Money unless you notify us that bank or payment processing company, your money may be treated differently from the treatment which would apply if the money was held with a bank in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accountsan account in Cyprus and the European Union. Our Client Money accounts will be identified and designated separately from any accounts used to hold other money belonging to us. Interest We will not be paid liable for the insolvency, acts or omissions of any third party referred to in this clause or for any loss suffered as a result of any shortfall in any omnibus account. 10.5. We deposit Client Money held on the money held behalf of our clients in an account and/or accounts opened with a bank or receive funds through payment processing companies, provided that we have exercised all due care, skill and diligence in the Client Money accounts selection, appointment and by entering into this Agreement you acknowledge that you waive any entitlement to interest on periodic review of such money. 31.3 We will exercise all due skill, care and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited payment processing companies and of the arrangements for the holding your moneyand safekeeping of Client Money which they have in place. With regards to the deposit of Client Money, in the event we do not deposit Client Money with a central bank, we exercise all due care, skill and diligence in the selection, appointment and periodic review of the credit institution, where the funds are placed and the arrangement for the holding of those funds. We will shall take into account the expertise and reputation of the bank/credit institution as well as the legal and regulatory requirements or market practices related to the holding of Client Money that could adversely affect the protection afforded to the Client Money. 10.6. We shall take all necessary measures in order to ensure that any Client Money deposited with a bank are identifiable separately from the cash belonging to Magnasale by means of differently titled accounts on the books of the bank(s) or other equivalent measures that achieve the same level of protection. Similarly, as per the requirements of the Applicable Laws and Regulations, we, on receiving any Client Money, shall promptly place those funds into one or more accounts denoted as “clients’ accounts”. We apply the same principles for payment processing companies. 10.7. Where necessary, we shall apply diversification as to where clients’ money is held, through the maintenance of accounts with several third party banks. 10.8. Magnasale may hold Client Money in omnibus accounts with financial and credit institutions. In this respect, you are hereby warned that there is a risk of loss emanating from the use of omnibus accounts in financial or credit institutions. In such case it may not be possible to distinguish if the particular Client Money is held by a certain financial or credit institution. Omnibus accounts may also hold other types of risks including legal, liquidation risk, haircut risk, third party risk, etc. 10.9. We are not responsible for any acts, omissions or default (including the insolvency, administrationacts or omissions of any bank, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your moneyalthough we will take reasonable care when choosing which bank to open a Client Money account. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients10.10. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you in accordance with this Agreement. 31.7 In the event that the account you hold with us is of insolvency or any other analogous proceedings in relation to a joint account, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated the actual deposit. In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments to any party to the joint account provided that it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for financial or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which credit institution (including payment processing company) where Client Money is held; 31.8.2 we , Magnasale (on behalf of the client) and/or the Client may only have determined an unsecured claim against the financial or credit institution, and the Client will be exposed to the risk that there has been no movement on your balance for a period the money received by Magnasale from the financial or credit institution, is insufficient to satisfy the claims of six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 we have taken reasonable steps to trace you and to return the balance to you; and 31.8.4 we make and retain records of all balances released from our Client Money bank accounts with claims in respect of your Client Moneythe account. 10.11. All unclaimed Notwithstanding Sections 10.1 to 10.10 above, you and us may in a separate agreement establish that all the money will be paid you transfer to us (or part thereof) is not subject to the Registrar Client Money Rules, in which case: 10.11.1. we will treat such money as a transfer of Unclaimed Moneys full ownership of money to us for the purpose of securing or otherwise covering your present, future, actual, contingent or prospective obligations, and we will not hold such money in accordance with the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370]Client Money Rules; 10.11.2. any money received by us from you for your Account under the said agreement, subject to all other provisions of this Agreement will be owed by us to you; 10.11.2.1. because full ownership of the money is transferred to us, you no longer have a proprietary claim over the money, and we can deal with it in our own right; 10.11.2.2. in the event of our insolvency you will rank as a general or unsecured creditor of Magnasale in respect of such money and you will have no rights or claim in relation to such money, save for those set out in applicable laws; and 10.11.2.3. if we have closed all Accounts you have had with us and you have paid to us in full all amounts you owe us and have no further present or future obligations to us, we will transfer to you an amount equal to any money you paid to us for your Account that remains after all amounts you owe us (under this Agreement) have been paid and deducted (including in relation to all Accounts you have had with us).

Appears in 1 contract

Sources: Standard Terms of Business

Client Money. ‌ 31.1 Any 18.1 ICM Capital Ltd will treat money received from you or held by us in respect of on your account with us shall be treated as Client Money and be held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. Our Client Money accounts will be identified and designated separately from any accounts used to hold other money belonging to us. Interest will not be paid on the money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such money. 31.3 We will exercise all due skill, care and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you behalf in accordance with this Agreementthe FCA Client Money Rules. 31.7 18.2 ICM Capital Ltd will hold all Client Money in client bank accounts. 18.3 It is not our policy to pay interest to you on any of your money held by ICM Capital Ltd. 18.4 In the event that the account you hold with us is a joint account, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated the actual deposit. In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments to any party to the joint account provided that it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on your account balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 ) and we have are unable to trace you despite having taken reasonable steps to trace do so, you and agree that we may cease to return the balance to you; and 31.8.4 treat your money as client money, we shall make and retain records of all balances released and undertake to make good any future valid claims against released balances. 18.5 You may not assign any part of your profits or losses to a third party. A third party may not place any funds in your account or withdraw funds from our Client Money your account. All withdrawals from your account balance must be payable directly to you (by means of a cheque SWIFT or debit/credit card payments). 18.6 Due to fraud prevention measures and in accordance with money laundering regulations ICM Capital Ltd will only refund monies back to where they came from. Where monies have been deposited by card the funds will be returned to that card where possible and where not possible ICM Capital Ltd may require sight of original bank statements showing original fund transfer to ICM Capital Ltd before refunding to the said bank account. 18.7 Where monies have been deposited by bank transfer ICM Capital Ltd may require sight of the original bank statement showing the deposit of the transfer before any refund is made. 18.8 Where bank accounts have been closed ICM Capital Ltd may require a letter from the originating bank stating that the account has been closed and there are no funds owing to the bank. Before ICM Capital Ltd will refund to a new bank account we may require sight of the original deposit transfer statement from the closed account and sight of an original new bank account statement. 18.9 In reference to this Clause, if ICM Capital Ltd's records show a discrepancy between card details and ICM Capital Ltd's account details as supplied by you, ICM Capital Ltd may require sight of original bank statements, or any other relevant evidence, to confirm your new status before processing a refund. 18.10 ICM Capital Ltd may transfer client money to a third party as part of transferring all or part of its business if, in respect of your Client Money. All unclaimed each client with an interest in the client money will that is sought to be paid to transferred, it obtains the Registrar consent or instruction of Unclaimed Moneys in accordance with that client at the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370]time of the transfer of business.

Appears in 1 contract

Sources: Client Agreement

Client Money. 10.1. Subject to Section 10.11 we shall treat money held by Safecap on your behalf as Client Money in accordance with the CySEC Rules. Under CySEC Rules, we keep and maintain books and accounting records of the Client Money held on behalf of our Clients. 31.1 Any 10.2. The provisions in this Agreement related to Client Money, are subject to the terms and conditions of the banks and credit institutions with which such Client Money is held and through which such funds are transferred. 10.3. We co-operate with various credit institutions. A complete list of the credit institutions with which we co-operate can be found at our Website or, where applicable, at the relevant Online Systems. 10.4. We will endeavour to hold Client Money on your behalf with authorised regulated banks or credit institutions in the Republic of Cyprus and the European Union, however we may also hold your money received by us outside the European Union. The Client Money will be kept in respect of your account with us shall be treated bank accounts denominated as Client Money and clearly segregated from Safecap’s own funds. Client Money deposited may be kept in one or more omnibus accounts with any authorised regulated bank or credit institution which we will specify from time to time and will be held in trust. 31.2 In our name denominated as Client Money as set out above. The legal and regulatory regime applying to any such bank or payment processing company outside the European Union will be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other analogous proceedings in relation to Client Money unless you notify us that bank or payment processing company, your money may be treated differently from the treatment which would apply if the money was held with a bank in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accountsan account in Cyprus and the European Union. Our Client Money accounts will be identified and designated separately from any accounts used to hold other money belonging to us. Interest We will not be paid liable for the insolvency, acts or omissions of any third party referred to in this clause or for any loss suffered as a result of any shortfall in any omnibus account. 10.5. We deposit Client Money held on the money held behalf of our clients in an account and/or accounts opened with a bank or receive funds through payment processing companies, provided that we have exercised all due care, skill and diligence in the Client Money accounts selection, appointment and by entering into this Agreement you acknowledge that you waive any entitlement to interest on periodic review of such money. 31.3 We will exercise all due skill, care and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited payment processing companies and of the arrangements for the holding your moneyand safekeeping of Client Money which they have in place. With regards to the deposit of Client Money, in the event we do not deposit Client Money with a central bank, we exercise all due care, skill and diligence in the selection, appointment and periodic review of the credit institution, where the funds are placed and the arrangement for the holding of those funds. We will shall take into account the expertise and reputation of the bank/credit institution as well as the legal and regulatory requirements or market practices related to the holding of Client Money that could adversely affect the protection afforded to the Client Money. 10.6. We shall take all necessary measures in order to ensure that any Client Money deposited with a bank are identifiable separately from the cash belonging to Safecap by means of differently titled accounts on the books of the bank(s) or other equivalent measures that achieve the same level of protection. Similarly, as per the requirements of the Applicable Laws and Regulations, we, on receiving any Client Money, shall promptly place those funds into one or more accounts denoted as “clients’ accounts”. We apply the same principles for payment processing companies. 10.7. Where necessary, we shall apply diversification as to where clients’ money is held, through the maintenance of accounts with several third party banks. 10.8. Safecap may hold Client Money in omnibus accounts with financial and credit institutions. In this respect, you are hereby warned that there is a risk of loss emanating from the use of omnibus accounts in financial or credit institutions. In such case it may not be possible to distinguish if the particular Client Money is held by a certain financial or credit institution. Omnibus accounts may also hold other types of risks including legal, liquidation risk, haircut risk, third party risk, etc. 10.9. We are not responsible for any acts, omissions or default (including the insolvency, administrationacts or omissions of any bank, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your moneyalthough we will take reasonable care when choosing which bank to open a Client Money account. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients10.10. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you in accordance with this Agreement. 31.7 In the event that the account you hold with us is of insolvency or any other analogous proceedings in relation to a joint account, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated the actual deposit. In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments to any party to the joint account provided that it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for financial or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which credit institution (including payment processing company) where Client Money is held; 31.8.2 we , Safecap (on behalf of the client) and/or the Client may only have determined an unsecured claim against the financial or credit institution, and the Client will be exposed to the risk that there has been no movement on your balance for a period the money received by Safecap from the financial or credit institution, is insufficient to satisfy the claims of six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 we have taken reasonable steps to trace you and to return the balance to you; and 31.8.4 we make and retain records of all balances released from our Client Money bank accounts with claims in respect of your Client Moneythe account. 10.11. All unclaimed Notwithstanding Sections 10.1 to 10.10 above, you and us may in a separate agreement establish that all the money will be paid you transfer to us (or part thereof) is not subject to the Registrar Client Money Rules, in which case: 10.11.1. we will treat such money as a transfer of Unclaimed Moneys full ownership of money to us for the purpose of securing or otherwise covering your present, future, actual, contingent or prospective obligations, and we will not hold such money in accordance with the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370]Client Money Rules; 10.11.2. any money received by us from you for your Account under the said agreement, subject to all other provisions of this Agreement will be owed by us to you; 10.11.2.1. because full ownership of the money is transferred to us, you no longer have a proprietary claim over the money, and we can deal with it in our own right; 10.11.2.2. in the event of our insolvency you will rank as a general or unsecured creditor of Safecap in respect of such money and you will have no rights or claim in relation to such money, save for those set out in applicable laws; and 10.11.2.3. if we have closed all Accounts you have had with us and you have paid to us in full all amounts you owe us and have no further present or future obligations to us, we will transfer to you an amount equal to any money you paid to us for your Account that remains after all amounts you owe us (under this Agreement) have been paid and deducted (including in relation to all Accounts you have had with us).

Appears in 1 contract

Sources: Standard Terms of Business

Client Money. ‌ 31.1 Any money received by us in respect of a) Where the Custodian is holding your account with us shall be treated as Client Money and money, this will be held in trusta Cash Account opened with one or more banks, in accordance with this Clause 43 and the FCA Rules. Such money shall typically be promptly transferred to your Cash Account opened and managed by the Custodian and administered in accordance with the terms and conditions agreed with the Custodian. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. Our Client Money accounts b) Interest will be identified calculated daily at the rate of 0.75% per annum below the Custodian’s derived interest rate and designated separately from any accounts used resulting amount payable will be credited to hold other money belonging the Cash Account, generally on the last Business Day of each quarter. Any Cash including interest may be reinvested in deposits or funds of deposits. The balance of interest earned in the Cash Account will be paid by the Custodian to us. Interest will not be paid on The derived interest rate is the money held in amount of interest earned across the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest Accounts where the Custodian is holding money on such moneyyour behalf. 31.3 We c) The Custodian will exercise all due skill, care and diligence diligence, in accordance with the FCA Rules, when it is selecting which third party banks and brokers bank to use. We The Custodian will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers bank where your money is or may be deposited and of the arrangements for holding your money, in accordance with the FCA Rules. We The Custodian will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks bank or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts d) In the event of the Custodian’s failure (for example due to its bankruptcy or insolvency), any money held in the Cash Account by a third party bank will be segregated from the Custodian’s assets and will not be available to the Custodian’s creditors. However, in the event of failure of the third party bank and there is a shortfall, there may be a number of consequences for you which may include: i. UK bank accounts: where your money is placed in a UK account with a third party, because your money will be held in a pooled accounts and account which holds the Client Money client money relating to a number of clients. Claimants to money held , in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you in accordance with this Agreement. 31.7 In the event that the account you hold with us third party bank holding the money defaults and there is a joint accountshortfall, we do exercise all due care and diligence to ensure you will share proportionately in that all withdrawals are paid back to its source and to the particular party shortfall with other creditors of that initiated the actual deposit. In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments to any party to the joint account provided that it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is heldbank; 31.8.2 we have determined that there has been no movement on your balance for a period of six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 we have taken reasonable steps to trace you and to return the balance to you; and 31.8.4 we make and retain records of all balances released from our Client Money bank accounts in respect of your Client Money. All unclaimed money will be paid to the Registrar of Unclaimed Moneys in accordance with the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370].

Appears in 1 contract

Sources: Discretionary Management Agreement

Client Money. ‌ 31.1 Any 10.1. In accordance with the Applicable Rules and Regulations, we will hold all money received by us in respect of your account with us shall be treated as Client Money and be held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. Our Client Money accounts will be identified and designated separately from any accounts used to hold other money belonging to us. Interest will not be paid on the money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such money. 31.3 We will exercise all due skill, care and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you in accordance with this Agreement.the Financial Conduct Authority’s Client Money Rules (the “Client Money Rules”). Retail Clients 31.7 In the event that the account you hold with us is a joint account10.2. Subject to Clause 11.3 below, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated the actual deposit. In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments to any party to the joint account provided that it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent money transferred to us releasing any Client Money balancesby you, for or on your behalf, will be held by us on trust for you and will be segregated from our own money. It may not be used by us for the purposes of our business. In the event of our insolvency, your money will be excluded from our assets. 10.3. We may hold client money on your behalf in an account with a bank or third party. Should the third party become insolvent, or suffer a similar failure, there is a risk that the client money will be subject to the insolvency proceedings of the third party. 10.4. We may hold client money on your behalf in an account with a bank or third party located outside of the European Economic Area (“EEA”). Where the third party is subject to the law of a jurisdiction other than that of an EEA State, the legal and regulatory rights and protections which apply to your client money will be different to those applicable in the EEA. Should the third party become insolvent or suffer a similar failure, these rights and protections may not be as effective in protecting your money as the law of an EEA State. 10.5. We shall be responsible under the Applicable Rules and Regulations for the acts or omission of any third party in relation to your client money. Should such third party become insolvent, you would still have recourse against us under the Applicable Rules and Regulations. Professional Clients and Eligible Counterparties 10.6. If you have been classified as a Professional Client or an Eligible Counterparty, we may agree, in accordance with the Applicable Rules and Regulations, that money we hold on your behalf shall not be treated as client money and your money will not be held in accordance with the Client Money bank accounts Rules. We will acquire full ownership of any sums which are not treated as client money for the purpose of securing or covering your present, future, actual, contingent or prospective obligations. Such sums will not be segregated from money held in our own account(s) and may be used by us for us the purposes of our business. You will rank as a general creditor of our firm only in respect of this money in the event of our insolvency. General 10.7. We do not pay interest on any money held by us. 10.8. You will not grant any security interest in or over your account, or the money in it, to cease to treat as Client Money any unclaimed Client Money balance where:person other than us. 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 we have determined that 10.9. If there has been no movement on initiated by you in relation to your balance account for a period of six years (notwithstanding any payments or receipts of chargesyears, interest or similar items); 31.8.3 and we have taken reasonable steps been unable to trace you and in relation to return the balance on your account, you agree that such funds shall irrevocably be transferred to you; and 31.8.4 we make and retain records of all balances released from our Client Money bank accounts in respect of your Client Money. All unclaimed money will be paid to the Registrar of Unclaimed Moneys in accordance with the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370]us.

Appears in 1 contract

Sources: Service Agreement

Client Money. ‌ 31.1 Any 10.1 When a client opens an account on the Online Trading System, the Firm will hold the client’s money received on a segregated basis, in accordance with the FCA's client money rules. Under these rules, the Firm pays or withdraws from each client's money cash deposits and net unrealized profits or losses respectively, into segregated client bank accounts (i.e. accounts which are separate from AFS’s own). Specifically, if the client has an open position, AFS reserves the right, at any time and at AFS’s sole discretion, to set-off any unrealized losses incurred in respect of an open position against any of the Client Money that is held by AFS to the Client’s credit. The money is treated as belonging to the client and cannot be used by us in respect of your account with us shall be treated as Client Money and be held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accountsway at any time by the Firm. Our Client Money accounts will be identified and designated separately from any accounts used to hold other money belonging to us. Interest will not be paid on the money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such money. 31.3 We AFS will exercise all due reasonable skill, care and diligence when selecting which third party banks in the selection, appointment, and brokers to use. We will periodically (at least annually) periodic review of the adequacy and appropriateness of any banks and brokers institution where your the client’s money is or may be deposited deposited. AFS will give instructions to the institution with regards to the transfer and movements of the arrangements client’s money and take such actions as required in connection with the performance of its duties. AFS accepts responsibility for holding your money. We will not be responsible for any acts, the acts and omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in nominated institutions to the return of your moneysame extent as its acts and omissions. 31.4 10.2 The Client Money accounts client money will be pooled accounts and holds the Client Money relating with money belonging to a number of clients. Claimants to money held in pooled accounts other clients which means that an individual client will not have a claim against a specific sum in a specific account, in the event of insolvency. The client’s claim will be against the client money pool in general. 10.3 Once received, client funds (‘the Funds’) shall be deposited in an institution (‘the Institution’) specified by the Firm on the client’s behalf, segregated from any of the Firm’s funds. 10.4 AFS will not pay interest to the client for the Funds deposited. Any interest on deposit will be retained by AFS. 10.5 AFS may, from time to time, without the client’s permission merge the Funds held in different trading accounts; under no circumstances, does this imply that the client has the right to a ratable proportion of the money held in that poolcredit facility. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass 10.6 The client money has the right to hedging counterparties or to withdraw, at any time, any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions Funds equal to the free margin that is available in the marketrelevant trading account provided that there are Funds available. It should be noted that such request may take up to 3 (three) business days in order to be processed. The Firm reserves the right to request additional information and/or documentation to satisfy itself that the request is legitimate. In addition, AFS reserves the right to reject such a request if it deems that this may not be legitimate. The client accepts that under such circumstances there may be a delay in processing the request. 31.6 We may transfer any money we hold for you as Client Money (after deduction 10.7 The client accepts that the Funds shall be deposited in his/her trading account on the later date of either the value date on which the Funds are received by AFS or the value date on which the Funds are received by the Institution. The Funds deposited in a client's trading account shall be net of any amounts permitted transfer fees or other charges incurred by or charged to AFS that are imposed by the terms Institution (or intermediary involved in the process) that holds the Funds. 10.8 Where any Funds required to be deposited by a client are deposited into his/her trading account and AFS suspects that the sender of these Terms) the funds is not the client or his/her authorized representative, the Firm may reject the Funds and return them to another legal entity (including the remitter net of any transfer fees or other charges incurred by or charged to AFS, using the same transfer method as the one through which it originally received the Funds. 10.9 The client accepts that withdrawal of our Group Companies) where we transfer all or any part of our business the Funds shall be concluded using the same transfer method and the same remitter as the one which the Firm originally received the Funds from; under such circumstances, AFS shall return the part of the Funds requested net of any transfer fees or other charges incurred by or charged to AFS. 10.10 AFS reserves the right to decline a withdrawal that entity the client requested using a specific transfer method and your Client Money relates has the right to suggest an alternative. 10.11 If, at any time, AFS is not satisfied with the documentation provided by the client in relation to the business transferred. Where we withdrawal/deposit, the Firm reserves the right to reverse to the remitter any part of the Funds net of any transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money will be held fees or other charges incurred by that entity for you in accordance with this AgreementAFS, using the same transfer method as the one through which it originally received the Funds. 31.7 In the event 10.12 The client accepts that the Institution may reverse any part of the Funds, for any reason; as a result, the Firm shall immediately reverse the respective amount from the trading account you hold with us is net of any transfer fees or other charges incurred by or charged to AFS, using the same transfer method as the one through which it originally received the Funds. The client accepts that this may result to a joint negative balance in the trading account; under such circumstances, we do exercise the Firm may merge the Funds held in different trading accounts as described in clause [10.5], above. 10.13 The client accepts that any requests he or she wishes to make relating to the administration of the trading account shall be made through ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇.▇▇/login.php. 10.14 AFS shall take all due care and diligence reasonable steps to ensure that all withdrawals are paid back the client is informed regarding the progress of any requests referred to its source and in the ‘Client Money’ section, specifically in relation to the particular party expected processing time and the need for any, or any further, documentation that initiated if not in place may delay the actual deposit. In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments to any party to the joint account provided that it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checksprocessing. 31.8 You consent 10.16 The Firm reserves the right to us close an account in connection with an unclaimed client money balance and releasing any Client Money balances, for or on your behalf, client money balances from Client Money client bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance whereif: 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 we have determined that (1) there has been no movement on your the client's balance for a period of six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 we have taken reasonable steps to trace you and to return the balance to youyears; and 31.8.4 we (2) the Firm has sent written notice to the client at the last known address informing the client of the Firm's intention of no longer treating that balance as client money, and giving the client 28 days to make a claim. 10.17 AFS may deposit Client money with a third party who may have a security interest, lien or right of set-off in relation to that money. 10.18 Client money may be held on the Client’s behalf with an intermediate broker, a bank, a market, a settlement agent, a clearing house or OTC counterparty located within or outside the UK or the EEA. The legal and retain records regulatory regime applying to any such person outside the UK or the EEA will be different from that of all balances released the UK and in the event of the insolvency or any other equivalent failure of that person, the Client’s money may be treated differently from our the treatment which would apply if the money was held in a Segregated Account in the UK. AFS will not be liable for the solvency, acts or omissions of any third party referred to in this paragraph. 10.19 The third party to whom AFS will pass money may hold it in an omnibus account and it may not be possible to separate it from the client’s money, or the third party’s money. In the event of the insolvency or any other analogous proceedings in relation to that third party, AFS may only have an unsecured claim against the third party on behalf of the client, and the client will be exposed to the risk that the money received by AFS from the third party is insufficient to satisfy the claims of the Client Money bank accounts with claims in respect of your Client Moneythe relevant account. All unclaimed money will be paid to the Registrar of Unclaimed Moneys in accordance with the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370]AFS does not accept any liability or responsibility for any resulting losses.

Appears in 1 contract

Sources: Client Agreement

Client Money. ‌ 31.1 Any money 9.1 When your Application Form has been accepted, following processing of the application and investment monies by the Receiving Agent, the Receiving Agent will deposit cash received by us from You in respect of your connection with the Foresight ITS, until invested, with an Approved Bank in a common call account, together with cash balances belonging to other Investors and the Receiving Agent shall appoint a suitably authorised person to operate such account. This account with us shall be treated as Client Money will have trust status and be held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. Our Client Money accounts will be identified and designated separately kept separate from any accounts used to hold other money belonging to usUs, the Receiving Agent or to the Depositary. Interest The Receiving Agent is not subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not be paid on receive the protections afforded by the FCA’s client money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such moneyrules. 31.3 We will exercise all due skill, care 9.2 Cash within Your Portfolio realised in relation to realisations and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money withdrawals will be held by that entity for you the Cash Custodian with an Approved Bank in accordance one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this Agreementchange, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 31.7 In 9.3 No responsibility is accepted for any acts or omissions of the event that Receiving Agent, the account you hold with us is a joint accountCash Custodian or the Approved Bank. Should the Receiving Agent, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated Cash Custodian or the actual deposit. In case of profit payments and/or withdrawalsApproved Bank become insolvent, We and/or our Group Companies may initiate payments will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any party to the joint account provided that Applicable Rules, We may direct Your money be used at Our own discretion if it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any remains unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on your balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 we and provided that We have taken reasonable steps (or have procured that such reasonable steps have been taken) to trace you You and to return the balance to you; and 31.8.4 we make and retain records of all balances released from our Client Money bank accounts in respect of your Client Money. All unclaimed money will be paid to the Registrar of Unclaimed Moneys in accordance with the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370]balance.

Appears in 1 contract

Sources: Customer Agreement

Client Money. ‌ 31.1 Any 18.1 TrandMarkets will treat money received from you or held by us in respect of on your account with us shall be treated as Client Money and be held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. Our Client Money accounts will be identified and designated separately from any accounts used to hold other money belonging to us. Interest will not be paid on the money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such money. 31.3 We will exercise all due skill, care and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies does not initiate speculative positions in the market. 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you behalf in accordance with this Agreementthe FCA Client Money Rules. 31.7 18.2 TrandMarkets will hold all Client Money in client bank accounts. 18.3 It is not our policy to pay interest to you on any of your money held by TrandMarkets LTD. 18.4 In the event that the account you hold with us is a joint account, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated the actual deposit. In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments to any party to the joint account provided that it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on your account balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 ) and we have are unable to trace you despite having taken reasonable steps to trace do so, you and agree that we may cease to return the balance to you; and 31.8.4 treat your money as client money, we shall make and retain records of all balances released and undertake to make good any future valid claims against released balances. 18.5 You may not assign any part of your profits or losses to a third party. A third party may not place any funds in your account or withdraw funds from our Client Money your account. All withdrawals from your account balance must be payable directly to you (by means of a cheque SWIFT or debit/credit card payments). 18.6 Due to fraud prevention measures and in accordance with money laundering regulations TrandMarkets LTD will only refund monies back to where they came from. Where monies have been deposited by card the funds will be returned to that card where possible and where not possible TrandMarkets may require sight of original bank statements showing original fund transfer to TrandMarkets before refunding to the said bank account. 18.7 Where monies have been deposited by bank transfer TrandMarkets LTD may require sight of the original bank statement showing the deposit of the transfer before any refund is made. 18.8 Where bank accounts have been closed TrandMarkets LTD may require a leer from the originating bank stating that the account has been closed and there are no funds owing to the bank. Before TrandMarkets will refund to a new bank account we may require sight of the original deposit transfer statement from the closed account and sight of an original new bank account statement. 18.9 In reference to this Clause, if ICM's records show a discrepancy between card details and CM's account details as supplied by you, TrandMarkets may require sight of original bank statements, or any other relevant evidence, to confirm your new status before processing a refund. 18.10 TrandMarkets may transfer client money to a third party as part of transferring all or part of its business if, in respect of your Client Money. All unclaimed each client with an interest in the client money will that is sought to be paid to transferred, it obtains the Registrar consent or instruction of Unclaimed Moneys in accordance with that client at the Unclaimed Moneys ▇▇▇ ▇▇▇▇ [Act 370]me of the transfer of business.

Appears in 1 contract

Sources: Client Agreement

Client Money. 31.1 Any money received by us in respect of your account with us shall be treated as Client Money and be held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. Our Client Money accounts will be identified and designated separately from any accounts used to hold other money belonging to us. Interest will not be paid on the money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such money. 31.3 We will exercise all due skill, care and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money.of 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable rateable proportion of the money held in that pool. 31.5 We and/or our Group Companies Forex River Ltd uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the business as working capital. We and/or our Group Companies Forex River Ltd does not initiate speculative positions in the market." 31.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where we transfer your Client Money to another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you in accordance with this Agreement. 31.7 In the event that the account you hold with us is a joint account, we do exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated the actual deposit. In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments to any party to the joint account provided that it has received appropriate approval from the other party and it is satisfied pursuant to its due diligence verification and checks. 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.8.1 it is permitted by law and consistent with the arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on your balance for a period of six years (notwithstanding any payments or receipts of charges, interest or similar itemssimilaritems); 31.8.3 we have taken reasonable steps to trace you and to return the balance to you; and 31.8.4 we make and retain records of all balances released from our Client Money bank accounts in respect of your Client Money. All unclaimed money will be paid to the Registrar of Unclaimed Moneys Inland Revenue Department in accordance with the Unclaimed Moneys Money ▇▇▇ ▇▇▇▇ [Act 370]▇. Rolling Daily Transactions and Undated Contracts for CFDs are available in a variety of Markets and Underlying Markets. Each Market and Underlying Market has its own conditions and spread which may vary at our discretion. Such contracts automatically roll into the next trading session. A Daily Financing Fee debit/credit will be made to your account if you hold a Transaction open from one trading session to the next.

Appears in 1 contract

Sources: Client Agreement