Deposit of funds into Omnibus Trust Account; Clearing Account; measures to protect Customer funds Sample Clauses

Deposit of funds into Omnibus Trust Account; Clearing Account; measures to protect Customer funds. A prerequisite for the execution of buy orders of the Customer is that the Customer maintains a sufficient credit balance to execute such an order. For this purpose, Trade Republic has set up an Omnibus Trust Account with a bank authorized to make deposits (hereinafter "Trust Bank"), into which the Customer may deposit a corresponding credit balance by means of the personal IBAN communicated to him/her by Trade Republic in connection with the conclusion of the Framework Agreement. The Customer issues a trust order to Trade Republic for the safekeeping of the Customer's credit balances in the Omnibus Trust Account. Trade Republic settles the Securities orders and Crypto transactions vis-à-vis the Customer and initiates the payments in connection with the execution of Securities orders and Crypto Transactions and with the custody of the Securities through the credit balance deposited or maintained by the Customer in the Omnibus Trust Account. Trade Republic also maintains a Clearing Account for accounting purposes for each Customer for the purpose of reporting the credit balance held in trust for the Customer. The mutual claims from the custody account management and from the commission transactions carried out on behalf of the Customer are offset in the Clearing Account and the current amount of the Customer's credit balance is determined on the basis of this. The Customer agrees that Trade Republic does not distribute the interest received from the respective Trust Bank on the Omnibus Trust Account in proportion to the share of the Customer's credit balance in the total deposit, contrary to Sec. 675, 667 BGB, Sec. 384 HGB - assuming the applicability of the law of agency. The Customer agrees to allow Trade Republic to determine the scope and further conditions of the distribution at its reasonable discretion, Sec. 315 BGB. Trade Republic will announce the scope and further conditions of the distribution in the “List of Prices and Services”. To the extent that no announcement is made, no distribution will be made. Trade Republic also reserves the right to charge the Customer for all or part of the expenses arising from so-called negative interest rates (custody fee) at its reasonable discretion, Sec. 315 BGB. This will be announced timely in advance in the "List of Prices and Services" or in the Application. In exceptional cases - e.g., due to cancellations of transactions - a negative Customer balance (i.e., the Customer still owes Trade Republic a certain...
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