Common use of Charges, Fees and Commissions Clause in Contracts

Charges, Fees and Commissions. Our charges in respect of your account will be in accordance with our published rate card in effect at the time the charges are incurred. A copy of our current rate card is available on our website xxx.xxxxxxxxxxxxxxxx.xx or on request from your broker in Cantor. Charges may change from time to time. We will post notification of any rate changes on our website 10 working days in advance of the charges being implemented. You should, therefore, periodically refer to the website for updates as you will not be notified of any changes to these charges separately. In relation to non MiFID Services you will be notified of any changes to these charges separately in accordance with the applicable Consumer Protection Code. We will send you a current rate card on request. You will also have to pay any applicable stamp duty or other similar charge shown on the contract note. It is possible that other costs or liabilities (including taxes) may arise from an investment that are not paid or imposed by Xxxxxx or PSIL. You will remain solely liable for any such costs. Commission on transactions is due and payable at the time of intended settlement. Xxxxxx may pay or receive commissions or fees or any non- monetary benefits; • where you have been introduced to Cantor through an Intermediary or Introducer or are carrying out your business through an Intermediary; • from a new issuer of securities or from some other party in relation to an investment that you subscribe to; • where your orders are executed by a third party in a market to which Xxxxxx does not have direct access; • where it enhances the quality of the service we provide and does not impact on our duties to you. Should you require further disclosure, we will advise you of the amount of any commission or fees or non-monetary Xxxxxx has entered into an agreement ("the Pershing Agreement") with Pershing Securities International Limited ("PSIL") on behalf of ourselves and each of our clients whereby PSIL has agreed to provide clearing, settlement, execution, safe custody, nominee and associated services for clients whom Xxxxxx introduces to them. The current terms and conditions of PSIL and the principal terms of the Pershing agreement are summarised below. A copy of those sections of the Pershing Agreement which specifically relate to the services which will be provided is available at your request. The Perishing Agreement may be amended by written notice to the other party at any time where such amendment is required to comply with the applicable law or other applicable legal or regulatory requirements. Any other amendment to the Perishing Agreement will only take effect upon the written agreement of both PSIL and Xxxxxx. PSIL is authorised and regulated by the Central Bank of Ireland ("CBOI") and is a member of the Irish and London Stock Exchanges. PSIL is incorporated in Ireland, company number 367098 and has its registered office at 4th Floor, Hanover Building, Windmill Lane, Dublin 2 (Telephone number: +000 0 000 0000; xxx.xxxxxxxx.xx). (i) Xxxxxx is authorised to enter into the Pershing Agreement on your behalf as your agent on the terms summarised below (and such additional terms as Cantor may determine); (ii) acceptance of these terms will constitute the formation of a contract between you and Cantor and also between you and PSIL and that you will be bound by the terms of the Pershing Agreement and the terms and conditions of PSIL accordingly; (iii) Xxxxxx is authorised to give instructions and provide information, co-operation, assistance, data and documents (including, if appropriate, all relevant details pertaining to your identity and your cash investments and other assets) concerning you to PSIL (and PSIL shall be entitled to rely on any such instructions or information without further enquiry); and to agree any subsequent amendments to the Pershing Agreement on your behalf; (iv) PSIL shall (unless otherwise separately notified to you by them) adopt the same client classification in relation to you as that determined by Xxxxxx and rely on information provided to them by Xxxxxx as to that classification; (v) where PSIL agrees to provide services to you, PSIL shall open and maintain one or more account(s) on its books in your name in connection with the services to be provided by PSIL under these terms. Any cash and investments delivered by you or held for your account shall be recorded in such account(s); (vi) PSIL may, in its absolute discretion, cease to provide any services under these terms and close any such account(s) maintained in your name; (vii) PSIL is authorised to hold cash and investments for your account and to transfer cash or investments from your account to meet your settlement or other obligations to PSIL; (viii) joint account holders shall be jointly and severally liable to PSIL; (ix) the trustees of any trust shall be PSIL's client (as opposed to any beneficiary) and shall be jointly and severally liable to PSIL; (x) all the partners of any partnership which is PSIL's client shall be jointly and severally liable to PSIL; (xi) the directors of any company or unincorporated association which is a client shall, to the extent they have assumed personal liability to Cantor, also be personally liable to PSIL for the obligations of such a company or unincorporated association; and (xii) agents or intermediaries acting for any undisclosed clients of Cantor shall be jointly and severally liable to PSIL for the obligations of such undisclosed clients and PSIL will treat any such agents or intermediaries as its client under the CBOI rules. You agree that you will be liable to PSIL jointly and severally with any such underlying person in respect of all obligations and liabilities arising from instructions given to PSIL. Under the Pershing Agreement you will remain a client of Xxxxxx’x but will also become a client of PSIL for settlement and custody purposes only. Cantor retains responsibility for compliance and regulatory requirements regarding its own operations and the supervision and operation of your account and generally for its own ongoing relationship with you. In particular, Xxxxxx remains responsible for approving the opening of accounts and regular review of such accounts in accordance with applicable law, compliance with anti-money laundering legislation and regulations, accepting and executing securities orders and assessing suitability or appropriateness requirements relating to Client Assets pursuant to all regulatory requirements and the rules of the CBOI as amended, replaced or supplemented from time to time (the “CBOI Client Assets Regulations”). PSIL does not provide investment advice nor give advice or offer any opinion regarding the suitability or appropriateness of any transaction or order. You should direct all enquiries regarding your account to Xxxxxx and not to PSIL. PSIL reserves the right to refuse to hold any securities on your behalf in its safe custody and nominee service. PSIL shall not accept instructions from you directly. PSIL shall only accept instructions concerning your account(s) from Xxxxxx. In the absence of actual notice to the contrary received from Cantor in sufficient time to prevent the processing of any instructions, PSIL shall be entitled to rely upon and act in accordance with any instruction which PSIL believes in good faith to have been given by Xxxxxx. In the event PSIL operates its business continuity procedures, it will not be responsible for any delays or inaccuracies in the transmission of any instructions or other information or in the clearing, registration or exercise of rights under, transactions due to any cause outside PSIL’s control. PSIL will only accept orders or instructions to make any payment where either:- (a) payment is directly connected to an investment (including, but not limited to, any sale or purchase amount, any dividend or income payment, any subscription amount and any associated tax payment or reclaim or other fee or charge); or (b) payment is to an account at a financial services provider (including any bank, broker, wealth manager, or financial wrapped products provider) in your name or where you are acting as a trustee or are beneficially entitled to the sums to be paid. PSIL may, in its absolute discretion, refuse to accept any order or other instruction for your account(s). You should note that PSIL reserves the right to delegate or sub-contract all or any of its services to any group company, subject to the requirements of the CBOI. PSIL’s obligations to you shall be limited to those set out in these terms and PSIL shall, in particular, not owe any wider duties of a fiduciary nature to you. No third party shall be entitled to enforce these terms in any circumstances.

Appears in 2 contracts

Samples: Advisory Agreement, Advisory Agreement

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Charges, Fees and Commissions. Our charges in respect of your account will be in accordance with our published rate card in effect at the time the charges are incurred. A copy of our current rate card is available on our website xxx.xxxxxxxxxxxxxxxx.xx or on request from your broker in Cantor. Charges may change from time to time. We will post notification of any rate changes on our website 10 working days in advance of the charges being implemented. You should, therefore, periodically refer to the website for updates as you will not be notified of any changes to these charges separately. In relation to non MiFID Services you will be notified of any changes to these charges separately in accordance with the applicable Consumer Protection Code. We will send you a current rate card on request. You will also have to pay any applicable stamp duty or other similar charge shown on the contract note. It is possible that other costs or liabilities (including taxes) may arise from an investment that are not paid or imposed by Xxxxxx or PSIL. PSIL (see paragraph 4).. You will remain solely liable for any such costs. Commission on transactions is due and payable at the time of intended settlement. Xxxxxx may pay or receive commissions or fees or any non- monetary benefits; • where you have been introduced to Cantor through an Intermediary or Introducer or are carrying out your business through an Intermediary; • from a new issuer of securities or from some other party in relation to an investment that you subscribe to; • where your orders are executed by a third party in a market to which Xxxxxx does not have direct access; • where it enhances the quality of the service we provide and does not impact on our duties to you. Should you require further disclosure, we will advise you of the amount of any commission or fees or non-monetary Xxxxxx has entered into an agreement ("the Pershing Agreement") with Pershing Securities International Limited ("PSIL") on behalf of ourselves and each of our clients whereby PSIL has agreed to provide clearing, settlement, execution, safe custody, nominee and associated services for clients whom Xxxxxx introduces to them. The current terms and conditions of PSIL and the principal terms of the Pershing agreement are summarised below. A copy of those sections of the Pershing Agreement which specifically relate to the services which will be provided is available at your request. The Perishing Agreement may be amended by written notice to the other party at any time where such amendment is required to comply with the applicable law or other applicable legal or regulatory requirements. Any other amendment to the Perishing Agreement will only take effect upon the written agreement of both PSIL and Xxxxxx. PSIL is authorised and regulated by the Central Bank of Ireland ("CBOI") and is a member of the Irish and London Stock Exchanges. PSIL is incorporated in Ireland, company number 367098 and has its registered office at 4th Floor, Hanover Building, Windmill Lane, Dublin 2 (Telephone number: +000 0 000 0000; xxx.xxxxxxxx.xx). (i) Xxxxxx is authorised to enter into the Pershing Agreement on your behalf as your agent on the terms summarised below (and such additional terms as Cantor may determine); (ii) acceptance of these terms will constitute the formation of a contract between you and Cantor and also between you and PSIL and that you will be bound by the terms of the Pershing Agreement and the terms and conditions of PSIL accordingly; (iii) Xxxxxx is authorised to give instructions and provide information, co-operation, assistance, data and documents (includingbenefits applying or, if appropriatethis is not possible, all relevant details pertaining to your identity and your cash investments and other assets) concerning you to PSIL (and PSIL shall be entitled to rely the basis on any such instructions or information without further enquiry); and to agree any subsequent amendments to the Pershing Agreement on your behalf; (iv) PSIL shall (unless otherwise separately notified to you by them) adopt the same client classification in relation to you as that determined by Xxxxxx and rely on information provided to them by Xxxxxx as to that classification; (v) where PSIL agrees to provide services to you, PSIL shall open and maintain one or more account(s) on its books in your name in connection with the services to be provided by PSIL under these termswhich it is calculated. Any cash and investments delivered by you or held for your account shall be recorded in such account(s); (vi) PSIL may, in its absolute discretion, cease to provide any services under these terms and close any such account(s) maintained in your name; (vii) PSIL Where a third party charge is authorised to hold cash and investments for your account and to transfer cash or investments from your account to meet your settlement or other obligations to PSIL; (viii) joint account holders shall be jointly and severally liable to PSIL; (ix) the trustees of any trust shall be PSIL's client (as opposed to any beneficiary) and shall be jointly and severally liable to PSIL; (x) all the partners of any partnership which is PSIL's client shall be jointly and severally liable to PSIL; (xi) the directors of any company or unincorporated association which is a client shall, to the extent they have assumed personal liability to Cantor, also be personally liable to PSIL for the obligations of such a company or unincorporated association; and (xii) agents or intermediaries acting for any undisclosed clients of Cantor shall be jointly and severally liable to PSIL for the obligations of such undisclosed clients and PSIL will treat any such agents or intermediaries as its client under the CBOI rules. You agree that you will be liable to PSIL jointly and severally with any such underlying person in respect of all obligations and liabilities arising from instructions given to PSIL. Under the Pershing Agreement you will remain a client of Xxxxxx’x but will also become a client of PSIL for settlement and custody purposes only. Cantor retains responsibility for compliance and regulatory requirements regarding its own operations and the supervision and operation of your account and generally for its own ongoing relationship with you. In particular, Xxxxxx remains responsible for approving the opening of accounts and regular review of such accounts in accordance with applicable law, compliance with anti-money laundering legislation and regulations, accepting and executing securities orders and assessing suitability or appropriateness requirements relating to Client Assets pursuant to all regulatory requirements and the rules of the CBOI as amended, replaced or supplemented from time to time (the “CBOI Client Assets Regulations”). PSIL does not provide investment advice nor give advice or offer any opinion regarding the suitability or appropriateness of any transaction or order. You should direct all enquiries regarding your account to Xxxxxx and not to PSIL. PSIL reserves the right to refuse to hold any securities on your behalf in its safe custody and nominee service. PSIL shall not accept instructions from you directly. PSIL shall only accept instructions concerning your account(s) from Xxxxxx. In the absence of actual notice to the contrary received from Cantor in sufficient time to prevent the processing of any instructions, PSIL shall be entitled to rely upon and act in accordance with any instruction which PSIL believes in good faith to have been given by Xxxxxx. In the event PSIL operates its business continuity proceduresincurred, it will not be responsible for any delays or inaccuracies in the transmission of any instructions or other information or in the clearing, registration or exercise of rights under, transactions due to any cause outside PSIL’s control. PSIL will only accept orders or instructions to make any payment where either:- (a) payment is directly connected to an investment (including, but not limited to, any sale or purchase amount, any dividend or income payment, any subscription amount and any associated tax payment or reclaim or other fee or charge); or (b) payment is to an account at a financial services provider (including any bank, broker, wealth manager, or financial wrapped products provider) in your name or where you are acting as a trustee or are beneficially entitled to the sums to be paid. PSIL may, in its absolute discretion, refuse to accept any order or other instruction for your account(s). You should note that PSIL reserves the right to delegate or sub-contract all or any of its services to any group company, subject to the requirements of the CBOI. PSIL’s obligations to you shall be limited to those set out in these terms and PSIL shall, in particular, not owe any wider duties of a fiduciary nature passed on to you. No third party shall be entitled to enforce these terms in any circumstances.

Appears in 2 contracts

Samples: Execution Only Terms and Conditions, Execution Only Terms and Conditions

Charges, Fees and Commissions. Our charges in respect of your account will be in accordance with our published rate card in effect at the time the charges are incurred. A copy of our current rate card is available on our website xxx.xxxxxxxxxxxxxxxx.xx or on request from your broker in Cantor. Charges may change from time to time. We will post notification of any rate changes on our website 10 working days in advance of the charges being implemented. You should, therefore, periodically refer to the website for updates as you will not be notified of any changes to these charges separately. In relation to non MiFID Services you will be notified of any changes to these charges separately in accordance with the applicable Consumer Protection Code. We will send you a current rate card on request. You will also have to pay any applicable stamp duty or other similar charge shown on the contract note. It is possible that other costs or liabilities (including taxes) may arise from an investment that are not paid or imposed by Xxxxxx or PSILPSIL (see paragraph 4). You will remain solely liable for any such costs. Commission on transactions is due and payable at the time of intended settlement. Xxxxxx may pay or receive commissions or fees or any non- monetary benefits; • where you have been introduced to Cantor through an Intermediary or Introducer or are carrying out your business through an Intermediary; • from a new issuer of securities or from some other party in relation to an investment that you subscribe to; • where your orders are executed by a third party in a market to which Xxxxxx does not have direct access; • where it enhances the quality of the service we provide and does not impact on our duties to you. Should you require further disclosure, we will advise you of the amount of any commission or fees or non-monetary Xxxxxx has entered into an agreement ("the Pershing Agreement") with Pershing Securities International Limited ("PSIL") on behalf of ourselves and each of our clients whereby PSIL has agreed to provide clearing, settlement, execution, safe custody, nominee and associated services for clients whom Xxxxxx introduces to them. The current terms and conditions of PSIL and the principal terms of the Pershing agreement are summarised below. A copy of those sections of the Pershing Agreement which specifically relate to the services which will be provided is available at your request. The Perishing Agreement may be amended by written notice to the other party at any time where such amendment is required to comply with the applicable law or other applicable legal or regulatory requirements. Any other amendment to the Perishing Agreement will only take effect upon the written agreement of both PSIL and Xxxxxx. PSIL is authorised and regulated by the Central Bank of Ireland ("CBOI") and is a member of the Irish and London Stock Exchanges. PSIL is incorporated in Ireland, company number 367098 and has its registered office at 4th Floor, Hanover Building, Windmill Lane, Dublin 2 (Telephone number: +000 0 000 0000; xxx.xxxxxxxx.xx). (i) Xxxxxx is authorised to enter into the Pershing Agreement on your behalf as your agent on the terms summarised below (and such additional terms as Cantor may determine); (ii) acceptance of these terms will constitute the formation of a contract between you and Cantor and also between you and PSIL and that you will be bound by the terms of the Pershing Agreement and the terms and conditions of PSIL accordingly; (iii) Xxxxxx is authorised to give instructions and provide information, co-operation, assistance, data and documents (includingbenefits applying or, if appropriatethis is not possible, all relevant details pertaining to your identity and your cash investments and other assets) concerning you to PSIL (and PSIL shall be entitled to rely the basis on any such instructions or information without further enquiry); and to agree any subsequent amendments to the Pershing Agreement on your behalf; (iv) PSIL shall (unless otherwise separately notified to you by them) adopt the same client classification in relation to you as that determined by Xxxxxx and rely on information provided to them by Xxxxxx as to that classification; (v) where PSIL agrees to provide services to you, PSIL shall open and maintain one or more account(s) on its books in your name in connection with the services to be provided by PSIL under these termswhich it is calculated. Any cash and investments delivered by you or held for your account shall be recorded in such account(s); (vi) PSIL may, in its absolute discretion, cease to provide any services under these terms and close any such account(s) maintained in your name; (vii) PSIL Where a third party charge is authorised to hold cash and investments for your account and to transfer cash or investments from your account to meet your settlement or other obligations to PSIL; (viii) joint account holders shall be jointly and severally liable to PSIL; (ix) the trustees of any trust shall be PSIL's client (as opposed to any beneficiary) and shall be jointly and severally liable to PSIL; (x) all the partners of any partnership which is PSIL's client shall be jointly and severally liable to PSIL; (xi) the directors of any company or unincorporated association which is a client shall, to the extent they have assumed personal liability to Cantor, also be personally liable to PSIL for the obligations of such a company or unincorporated association; and (xii) agents or intermediaries acting for any undisclosed clients of Cantor shall be jointly and severally liable to PSIL for the obligations of such undisclosed clients and PSIL will treat any such agents or intermediaries as its client under the CBOI rules. You agree that you will be liable to PSIL jointly and severally with any such underlying person in respect of all obligations and liabilities arising from instructions given to PSIL. Under the Pershing Agreement you will remain a client of Xxxxxx’x but will also become a client of PSIL for settlement and custody purposes only. Cantor retains responsibility for compliance and regulatory requirements regarding its own operations and the supervision and operation of your account and generally for its own ongoing relationship with you. In particular, Xxxxxx remains responsible for approving the opening of accounts and regular review of such accounts in accordance with applicable law, compliance with anti-money laundering legislation and regulations, accepting and executing securities orders and assessing suitability or appropriateness requirements relating to Client Assets pursuant to all regulatory requirements and the rules of the CBOI as amended, replaced or supplemented from time to time (the “CBOI Client Assets Regulations”). PSIL does not provide investment advice nor give advice or offer any opinion regarding the suitability or appropriateness of any transaction or order. You should direct all enquiries regarding your account to Xxxxxx and not to PSIL. PSIL reserves the right to refuse to hold any securities on your behalf in its safe custody and nominee service. PSIL shall not accept instructions from you directly. PSIL shall only accept instructions concerning your account(s) from Xxxxxx. In the absence of actual notice to the contrary received from Cantor in sufficient time to prevent the processing of any instructions, PSIL shall be entitled to rely upon and act in accordance with any instruction which PSIL believes in good faith to have been given by Xxxxxx. In the event PSIL operates its business continuity proceduresincurred, it will not be responsible for any delays or inaccuracies in the transmission of any instructions or other information or in the clearing, registration or exercise of rights under, transactions due to any cause outside PSIL’s control. PSIL will only accept orders or instructions to make any payment where either:- (a) payment is directly connected to an investment (including, but not limited to, any sale or purchase amount, any dividend or income payment, any subscription amount and any associated tax payment or reclaim or other fee or charge); or (b) payment is to an account at a financial services provider (including any bank, broker, wealth manager, or financial wrapped products provider) in your name or where you are acting as a trustee or are beneficially entitled to the sums to be paid. PSIL may, in its absolute discretion, refuse to accept any order or other instruction for your account(s). You should note that PSIL reserves the right to delegate or sub-contract all or any of its services to any group company, subject to the requirements of the CBOI. PSIL’s obligations to you shall be limited to those set out in these terms and PSIL shall, in particular, not owe any wider duties of a fiduciary nature passed on to you. No third party shall be entitled to enforce these terms in any circumstances.

Appears in 2 contracts

Samples: Execution Only, Professional Client Terms and Conditions, Execution Only, Professional Client Terms and Conditions

Charges, Fees and Commissions. Our charges in respect of your account will be in accordance with our published rate card in effect at the time the charges are incurred. A copy of our current rate card is available on our website xxx.xxxxxxxxxxxxxxxx.xx or on request from your broker in Cantor. Charges may change from time to time. We will post notification of any rate changes on our website 10 working days in advance of the charges being implemented. You should, therefore, periodically refer to the website for updates as you will not be notified of any changes to these charges separately. In relation to non MiFID Services you will be notified of any changes to these charges separately in accordance with the applicable Consumer Protection Code. We will send you a current rate card on request. You will also have to pay any applicable stamp duty or other similar charge shown on the contract note. It is possible that other costs or liabilities (including taxes) may arise from an investment that are not paid or imposed by Xxxxxx or PSIL. (see paragraph 4) You will remain solely liable for any such costs. Commission on transactions is due and payable at the time of intended settlement. Xxxxxx may pay or receive commissions or fees or any non- monetary benefits; • where you have been introduced to Cantor through an Intermediary or Introducer or are carrying out your business through an Intermediary; • from a new issuer of securities or from some other party in relation to an investment that you subscribe to; • where your orders are executed by a third party in a market to which Xxxxxx does not have direct access; • where it enhances the quality of the service we provide and does not impact on our duties to you. Should you require further disclosure, we will advise you of the amount of any commission or fees or non-monetary Xxxxxx has entered into an agreement ("the Pershing Agreement") with Pershing Securities International Limited ("PSIL") on behalf of ourselves and each of our clients whereby PSIL has agreed to provide clearing, settlement, execution, safe custody, nominee and associated services for clients whom Xxxxxx introduces to them. The current terms and conditions of PSIL and the principal terms of the Pershing agreement are summarised below. A copy of those sections of the Pershing Agreement which specifically relate to the services which will be provided is available at your request. The Perishing Agreement may be amended by written notice to the other party at any time where such amendment is required to comply with the applicable law or other applicable legal or regulatory requirements. Any other amendment to the Perishing Agreement will only take effect upon the written agreement of both PSIL and Xxxxxx. PSIL is authorised and regulated by the Central Bank of Ireland ("CBOI") and is a member of the Irish and London Stock Exchanges. PSIL is incorporated in Ireland, company number 367098 and has its registered office at 4th Floor, Hanover Building, Windmill Lane, Dublin 2 (Telephone number: +000 0 000 0000; xxx.xxxxxxxx.xx). (i) Xxxxxx is authorised to enter into the Pershing Agreement on your behalf as your agent on the terms summarised below (and such additional terms as Cantor may determine); (ii) acceptance of these terms will constitute the formation of a contract between you and Cantor and also between you and PSIL and that you will be bound by the terms of the Pershing Agreement and the terms and conditions of PSIL accordingly; (iii) Xxxxxx is authorised to give instructions and provide information, co-operation, assistance, data and documents (includingbenefits applying or, if appropriatethis is not possible, all relevant details pertaining to your identity and your cash investments and other assets) concerning you to PSIL (and PSIL shall be entitled to rely the basis on any such instructions or information without further enquiry); and to agree any subsequent amendments to the Pershing Agreement on your behalf; (iv) PSIL shall (unless otherwise separately notified to you by them) adopt the same client classification in relation to you as that determined by Xxxxxx and rely on information provided to them by Xxxxxx as to that classification; (v) where PSIL agrees to provide services to you, PSIL shall open and maintain one or more account(s) on its books in your name in connection with the services to be provided by PSIL under these termswhich it is calculated. Any cash and investments delivered by you or held for your account shall be recorded in such account(s); (vi) PSIL may, in its absolute discretion, cease to provide any services under these terms and close any such account(s) maintained in your name; (vii) PSIL Where a third party charge is authorised to hold cash and investments for your account and to transfer cash or investments from your account to meet your settlement or other obligations to PSIL; (viii) joint account holders shall be jointly and severally liable to PSIL; (ix) the trustees of any trust shall be PSIL's client (as opposed to any beneficiary) and shall be jointly and severally liable to PSIL; (x) all the partners of any partnership which is PSIL's client shall be jointly and severally liable to PSIL; (xi) the directors of any company or unincorporated association which is a client shall, to the extent they have assumed personal liability to Cantor, also be personally liable to PSIL for the obligations of such a company or unincorporated association; and (xii) agents or intermediaries acting for any undisclosed clients of Cantor shall be jointly and severally liable to PSIL for the obligations of such undisclosed clients and PSIL will treat any such agents or intermediaries as its client under the CBOI rules. You agree that you will be liable to PSIL jointly and severally with any such underlying person in respect of all obligations and liabilities arising from instructions given to PSIL. Under the Pershing Agreement you will remain a client of Xxxxxx’x but will also become a client of PSIL for settlement and custody purposes only. Cantor retains responsibility for compliance and regulatory requirements regarding its own operations and the supervision and operation of your account and generally for its own ongoing relationship with you. In particular, Xxxxxx remains responsible for approving the opening of accounts and regular review of such accounts in accordance with applicable law, compliance with anti-money laundering legislation and regulations, accepting and executing securities orders and assessing suitability or appropriateness requirements relating to Client Assets pursuant to all regulatory requirements and the rules of the CBOI as amended, replaced or supplemented from time to time (the “CBOI Client Assets Regulations”). PSIL does not provide investment advice nor give advice or offer any opinion regarding the suitability or appropriateness of any transaction or order. You should direct all enquiries regarding your account to Xxxxxx and not to PSIL. PSIL reserves the right to refuse to hold any securities on your behalf in its safe custody and nominee service. PSIL shall not accept instructions from you directly. PSIL shall only accept instructions concerning your account(s) from Xxxxxx. In the absence of actual notice to the contrary received from Cantor in sufficient time to prevent the processing of any instructions, PSIL shall be entitled to rely upon and act in accordance with any instruction which PSIL believes in good faith to have been given by Xxxxxx. In the event PSIL operates its business continuity proceduresincurred, it will not be responsible for any delays or inaccuracies in the transmission of any instructions or other information or in the clearing, registration or exercise of rights under, transactions due to any cause outside PSIL’s control. PSIL will only accept orders or instructions to make any payment where either:- (a) payment is directly connected to an investment (including, but not limited to, any sale or purchase amount, any dividend or income payment, any subscription amount and any associated tax payment or reclaim or other fee or charge); or (b) payment is to an account at a financial services provider (including any bank, broker, wealth manager, or financial wrapped products provider) in your name or where you are acting as a trustee or are beneficially entitled to the sums to be paid. PSIL may, in its absolute discretion, refuse to accept any order or other instruction for your account(s). You should note that PSIL reserves the right to delegate or sub-contract all or any of its services to any group company, subject to the requirements of the CBOI. PSIL’s obligations to you shall be limited to those set out in these terms and PSIL shall, in particular, not owe any wider duties of a fiduciary nature passed on to you. No third party shall be entitled to enforce these terms in any circumstances.

Appears in 2 contracts

Samples: Discretionary Retail Client Agreement, Discretionary Retail Client Terms and Conditions

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Charges, Fees and Commissions. Our charges in respect of your account will be in accordance with our published rate card in effect at the time the charges are incurred. A copy of our current rate card is available on our website xxx.xxxxxxxxxxxxxxxx.xx or on request from your broker in Cantor. Charges may change from time to time. We will post notification of any rate changes on our website 10 working days in advance of the charges being implemented. You should, therefore, periodically refer to the website for updates as you will not be notified of any changes to these charges separately. In relation to non MiFID Services you will be notified of any changes to these charges separately in accordance with the applicable Consumer Protection Code. We will send you a current rate card on request. You will also have to pay any applicable stamp duty or other similar charge shown on the contract note. It is possible that other costs or liabilities (including taxes) may arise from an investment that are not paid or imposed by Xxxxxx or PSIL. (see paragraph 4). You will remain solely liable for any such costs. Commission on transactions is due and payable at the time of intended settlement. Xxxxxx may pay or receive commissions or fees or any non- monetary benefits; • where you have been introduced to Cantor through an Intermediary or Introducer or are carrying out your business through an Intermediary; • from a new issuer of securities or from some other party in relation to an investment that you subscribe to; • where your orders are executed by a third party in a market to which Xxxxxx does not have direct access; • where it enhances the quality of the service we provide and does not impact on our duties to you. Should you require further disclosure, we will advise you of the amount of any commission or fees or non-monetary Xxxxxx has entered into an agreement ("the Pershing Agreement") with Pershing Securities International Limited ("PSIL") on behalf of ourselves and each of our clients whereby PSIL has agreed to provide clearing, settlement, execution, safe custody, nominee and associated services for clients whom Xxxxxx introduces to them. The current terms and conditions of PSIL and the principal terms of the Pershing agreement are summarised below. A copy of those sections of the Pershing Agreement which specifically relate to the services which will be provided is available at your request. The Perishing Agreement may be amended by written notice to the other party at any time where such amendment is required to comply with the applicable law or other applicable legal or regulatory requirements. Any other amendment to the Perishing Agreement will only take effect upon the written agreement of both PSIL and Xxxxxx. PSIL is authorised and regulated by the Central Bank of Ireland ("CBOI") and is a member of the Irish and London Stock Exchanges. PSIL is incorporated in Ireland, company number 367098 and has its registered office at 4th Floor, Hanover Building, Windmill Lane, Dublin 2 (Telephone number: +000 0 000 0000; xxx.xxxxxxxx.xx). (i) Xxxxxx is authorised to enter into the Pershing Agreement on your behalf as your agent on the terms summarised below (and such additional terms as Cantor may determine); (ii) acceptance of these terms will constitute the formation of a contract between you and Cantor and also between you and PSIL and that you will be bound by the terms of the Pershing Agreement and the terms and conditions of PSIL accordingly; (iii) Xxxxxx is authorised to give instructions and provide information, co-operation, assistance, data and documents (includingbenefits applying or, if appropriatethis is not possible, all relevant details pertaining to your identity and your cash investments and other assets) concerning you to PSIL (and PSIL shall be entitled to rely the basis on any such instructions or information without further enquiry); and to agree any subsequent amendments to the Pershing Agreement on your behalf; (iv) PSIL shall (unless otherwise separately notified to you by them) adopt the same client classification in relation to you as that determined by Xxxxxx and rely on information provided to them by Xxxxxx as to that classification; (v) where PSIL agrees to provide services to you, PSIL shall open and maintain one or more account(s) on its books in your name in connection with the services to be provided by PSIL under these termswhich it is calculated. Any cash and investments delivered by you or held for your account shall be recorded in such account(s); (vi) PSIL may, in its absolute discretion, cease to provide any services under these terms and close any such account(s) maintained in your name; (vii) PSIL Where a third party charge is authorised to hold cash and investments for your account and to transfer cash or investments from your account to meet your settlement or other obligations to PSIL; (viii) joint account holders shall be jointly and severally liable to PSIL; (ix) the trustees of any trust shall be PSIL's client (as opposed to any beneficiary) and shall be jointly and severally liable to PSIL; (x) all the partners of any partnership which is PSIL's client shall be jointly and severally liable to PSIL; (xi) the directors of any company or unincorporated association which is a client shall, to the extent they have assumed personal liability to Cantor, also be personally liable to PSIL for the obligations of such a company or unincorporated association; and (xii) agents or intermediaries acting for any undisclosed clients of Cantor shall be jointly and severally liable to PSIL for the obligations of such undisclosed clients and PSIL will treat any such agents or intermediaries as its client under the CBOI rules. You agree that you will be liable to PSIL jointly and severally with any such underlying person in respect of all obligations and liabilities arising from instructions given to PSIL. Under the Pershing Agreement you will remain a client of Xxxxxx’x but will also become a client of PSIL for settlement and custody purposes only. Cantor retains responsibility for compliance and regulatory requirements regarding its own operations and the supervision and operation of your account and generally for its own ongoing relationship with you. In particular, Xxxxxx remains responsible for approving the opening of accounts and regular review of such accounts in accordance with applicable law, compliance with anti-money laundering legislation and regulations, accepting and executing securities orders and assessing suitability or appropriateness requirements relating to Client Assets pursuant to all regulatory requirements and the rules of the CBOI as amended, replaced or supplemented from time to time (the “CBOI Client Assets Regulations”). PSIL does not provide investment advice nor give advice or offer any opinion regarding the suitability or appropriateness of any transaction or order. You should direct all enquiries regarding your account to Xxxxxx and not to PSIL. PSIL reserves the right to refuse to hold any securities on your behalf in its safe custody and nominee service. PSIL shall not accept instructions from you directly. PSIL shall only accept instructions concerning your account(s) from Xxxxxx. In the absence of actual notice to the contrary received from Cantor in sufficient time to prevent the processing of any instructions, PSIL shall be entitled to rely upon and act in accordance with any instruction which PSIL believes in good faith to have been given by Xxxxxx. In the event PSIL operates its business continuity proceduresincurred, it will not be responsible for any delays or inaccuracies in the transmission of any instructions or other information or in the clearing, registration or exercise of rights under, transactions due to any cause outside PSIL’s control. PSIL will only accept orders or instructions to make any payment where either:- (a) payment is directly connected to an investment (including, but not limited to, any sale or purchase amount, any dividend or income payment, any subscription amount and any associated tax payment or reclaim or other fee or charge); or (b) payment is to an account at a financial services provider (including any bank, broker, wealth manager, or financial wrapped products provider) in your name or where you are acting as a trustee or are beneficially entitled to the sums to be paid. PSIL may, in its absolute discretion, refuse to accept any order or other instruction for your account(s). You should note that PSIL reserves the right to delegate or sub-contract all or any of its services to any group company, subject to the requirements of the CBOI. PSIL’s obligations to you shall be limited to those set out in these terms and PSIL shall, in particular, not owe any wider duties of a fiduciary nature passed on to you. No third party shall be entitled to enforce these terms in any circumstances.

Appears in 1 contract

Samples: Advisory Agreement

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