Common use of CLIENT FUNDS AND ASSETS Clause in Contracts

CLIENT FUNDS AND ASSETS. 61.1 All assets (including, without limitation, cash, or only in those instances where we may agree otherwise, other assets, such as collateral (by which we mean investments, securities, bonds, or any other financial instrument, property, or asset acceptable to us in lieu of cash) handed over to us, or which we hold on your behalf for the provision of our Services ("Client Funds"), will be held in an account with a custodian, credit institution, or bank within t In a general omnibus account, your client funds may be combined with the funds of other clients. There is a risk that the Client Funds will be withdrawn or used to meet obligations of other Clients, or that the balance of assets held by the third party will not reconcile with the quantity that the third party is required to hold, and that the Client will not receive its full entitlement of Client Funds in such circumstances. In some jurisdictions, it may not be possible to distinguish between Client Funds held for Clients and those held for the third party or for the Company, and there is a risk that the Client Funds will be withdrawn, used to meet the third party's obligations, or lost entirely if the third party becomes insolvent. 61.2 We may, however, hold all or some parts of your Client Funds with a custodian, credit institution, or bank located outside of the European Economic Area (EEA), and the legal and regulatory regime in such circumstances may differ from that in the EEA, with the result that, in the event of insolvency or equivalent failure of such custodian, credit institution, or bank, the treatment afforded to your Client Funds may differ from that afforded if your Client Funds were held in. We will not be liable for any failure or insolvency of any custodian, credit institution, bank, or third party holding your Client Funds within or outside the European Economic Area (EEA); however, applicable investor compensation or deposit protection schemes may protect a portion of your Client Funds held with a custodian, credit institution, bank, or third party. 61.3 Unless you notify us in writing, we may allow a third party, such as an exchange, clearing house, or intermediate broker, to hold all or part of your Client Funds where we transfer your Client Funds: (a) for the purposes of a Transaction and/or Contract you have entered into, or are entering into with such third party; or (b) to meet your obligations to provide services to such third party. 61.4 You hereby authorize us to make any deposits and withdrawals on your behalf from your Account with us, including, but not limited to Withdrawals for the settlement of all Transactions undertaken and/or Contacts entered into under these Terms and Conditions, as well as for the settlement of any and all amounts payable by you, or on your behalf, to us or any other person under and/or pursuant to these Terms and Conditions, without limitation and without prejudice to the generality of the above. 61.5 Any payment payable by us to you, unless otherwise determined and specified "in the conditions agreed upon by mutual consent of the Parties," shall be paid directly to you and not to any other Person, save in those situations where this has been agreed upon by mutual consent of the Parties. 61.6 Without limiting any other aspects of this Agreement, we may, in our sole discretion, set- off any funds held on your behalf against your obligations to us and/or consolidate any of your Accounts with us from time to time and without your prior authorization. 61.7 You have the right to withdraw your money from your Account that are not used for Margin Covering and are not subject to Clause 57.3, without having to close your Account. 61.8 Leveraged Financial Instruments trading entails a high level of risk to your invested capital. Quinnix, on the other hand, has a "no negative balance" policy, which means you can't lose more than your initial investment.

Appears in 1 contract

Samples: Terms and Conditions

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CLIENT FUNDS AND ASSETS. 61.1 All assets (including, without limitation, cash, or only in those instances where we may agree otherwise, other assets, such as collateral (by which we mean investments, securities, bonds, or any other financial instrument, property, or asset acceptable to us in lieu of cash) handed over to us, or which we hold on your behalf for the provision of our Services ("Client Funds"), will be held in an account with a custodian, credit institution, or bank within t In a general omnibus account, your client funds may be combined with the funds of other clients. There is a risk that the Client Funds will be withdrawn or used to meet obligations of other Clients, or that the balance of assets held by the third party will not reconcile with the quantity that the third party is required to hold, and that the Client will not receive its full entitlement of Client Funds in such circumstances. In some jurisdictions, it may not be possible to distinguish between Client Funds held for Clients and those held for the third party or for the Company, and there is a risk that the Client Funds will be withdrawn, used to meet the third party's obligations, or lost entirely if the third party becomes insolvent. 61.2 We may, however, hold all or some parts of your Client Funds with a custodian, credit institution, or bank located outside of the European Economic Area (EEA), and the legal and regulatory regime in such circumstances may differ from that in the EEA, with the result that, in the event of insolvency or equivalent failure of such custodian, credit institution, or bank, the treatment afforded to your Client Funds may differ from that afforded if your Client Funds were held in. We will not be liable for any failure or insolvency of any custodian, credit institution, bank, or third party holding your Client Funds within or outside the European Economic Area (EEA); however, applicable investor compensation or deposit protection schemes may protect a portion of your Client Funds held with a custodian, credit institution, bank, or third party. 61.3 Unless you notify us in writing, we may allow a third party, such as an exchange, clearing house, or intermediate broker, to hold all or part of your Client Funds where we transfer your Client Funds: (a) for the purposes of a Transaction and/or Contract you have entered into, or are entering into with such third party; or (b) to meet your obligations to provide services to such third party. 61.4 You hereby authorize authorise us to make any deposits and withdrawals on your behalf from your Account with us, including, but not limited to Withdrawals for the settlement of all Transactions undertaken and/or Contacts entered into under these Terms and Conditions, as well as for the settlement of any and all amounts payable by you, or on your behalf, to us or any other person under and/or pursuant to these Terms and Conditions, without limitation and without prejudice to the generality of the above. 61.5 Any payment payable by us to you, unless otherwise determined and specified "in the conditions agreed upon by mutual consent of the Parties," shall be paid directly to you and not to any other Person, save in those situations where this has been agreed upon by mutual consent of the Parties. 61.6 Without limiting any other aspects of this Agreement, we may, in our sole discretion, set- set-off any funds held on your behalf against your obligations to us and/or consolidate any of your Accounts with us from time to time and without your prior authorizationauthorisation. 61.7 You have the right to withdraw your money from your Account that are not used for Margin Covering and are not subject to Clause 57.3, without having to close your Account. 61.8 Leveraged Financial Instruments trading entails a high level of risk to your invested capital. QuinnixXxxxxxx, on the other hand, has a "no negative balance" policy, which means you can't lose more than your initial investment.

Appears in 1 contract

Samples: Terms and Conditions

CLIENT FUNDS AND ASSETS. 61.1 All assets 64.1 Without prejudice to the provisions of the immediately preceding Section of this Agreement, all Assets (including, without limitation, cash, or only in those instances where in which we may agree otherwise, other assets, such as collateral (by which we mean investments, securities, bonds, bonds or any other financial instrument, property, property or asset acceptable to us in lieu of cash) handed over by you to us, or which we hold on your behalf for the provision of our Services ("Client Funds"), will be held in an account with a custodian, credit institution, institution or bank within t In the European Economic Area (“EEA”), or with a general omnibus accountbank authorized in a third country or any electronic payment providers/processors approved by us, your client and will be segregated from our own funds in accordance with the applicable CySEC Rules. Your Client Funds may be combined pooled with the funds of other clients. There is clients in a risk that the Client Funds will be withdrawn or used to meet obligations of other Clients, or that the balance of assets held by the third party will not reconcile with the quantity that the third party is required to hold, and that the Client will not receive its full entitlement of Client Funds in such circumstances. In some jurisdictions, it may not be possible to distinguish between Client Funds held for Clients and those held for the third party or for the Company, and there is a risk that the Client Funds will be withdrawn, used to meet the third party's obligations, or lost entirely if the third party becomes insolventgeneral omnibus account. 61.2 64.2 We may, however, hold all or some parts part of your Client Funds with a custodian, credit institution, institution or bank located outside of the European Economic Area (EEA), an EEA country and in such circumstances the legal and regulatory regime in such circumstances may differ from that applicable in the EEAan EEA country, with the result that, effect that in the event of insolvency or equivalent failure of such custodian, credit institution, institution or bank, the treatment afforded to your Client Funds may differ be different from that the treatment afforded if your Client Funds were held inin an account with a custodian, credit institution or bank subject to an EEA state’s laws. We will not be liable for any failure or insolvency of any custodian, credit institution, bank, bank or third party holding your Client Funds within or outside the European Economic Area (EEA); however, applicable investor compensation or deposit protection schemes may protect a portion proportion of your Client Funds that are held with any with a custodian, credit institution, bank, institution or bank or third party. 61.3 64.3 Unless you notify us beforehand and in writing, we may allow a third party, such as an exchange, a clearing house, house or an intermediate broker, broker to hold all control all or part of your Client Funds Funds, where we transfer your Client Funds: (a) for the purposes of a Transaction and/or Contract you have entered into, or are entering into with such third party; or (b) to meet your obligations to provide services to such third partyCollateral or Margin for a Transaction and/or Contract (e.g. an initial Margin requirement for a derivative Transaction). 61.4 64.4 You hereby authorize us to make any deposits and withdrawals on your behalf from your Account with usus on your behalf, including, but not limited without limitation and prejudice to Withdrawals the generality of the above, withdrawals for the settlement of all Transactions undertaken and/or Contacts entered into under these Terms and Conditions, as well as for the settlement of any and all amounts which are payable by you, or on your behalf, to us or any other person under and/or pursuant to these Terms and Conditions, without limitation and without prejudice to the generality of the above. 61.5 Any payment payable by us to you, unless 64.5 Unless otherwise determined and specified stated "in the conditions terms agreed upon by mutual consent of the Parties," ", any amount payable by us to you, shall be paid directly to you and not to any other Person, save except in those situations where instances there this has been agreed upon by mutual consent of the Parties. 61.6 64.6 Without limiting prejudice to any other aspects provisions of this Agreement, we may, in at our sole discretion, set- from time to time and without your prior authorisation, set-off any funds amounts held on your behalf against your obligations to us and/or consolidate merge any of your Accounts with us from time to time and without your prior authorizationus. 61.7 64.7 You have the right are entitled to withdraw your money from your Account that the funds which are not used for Margin Covering and are not subject to Clause 57.3covering, free from any obligations (“Free Margin”) from your Account with us, without having to close closing your Account. 61.8 Leveraged Financial Instruments trading entails a high level of risk to your invested capital. Quinnix, on the other hand, has a "no negative balance" policy, which means you can't lose more than your initial investment.

Appears in 1 contract

Samples: Client Agreement

CLIENT FUNDS AND ASSETS. 61.1 59.1. All assets Assets (including, without limitation, cash, or only in those instances where in which we may agree otherwise, other assets, such as collateral (by which we mean investments, securities, bonds, bonds or any other financial instrument, property, property or asset acceptable to us in lieu of cash) handed over by you to us, or which we hold on your behalf for the provision of our Services ("Client Funds"), will be held in an account one or more accounts opened with a custodian, central bank or credit institution, institution or bank within t In the European Economic Area (“EEA”), or with a general omnibus accountbank authorized in a third country or a qualifying money market fund or any electronic payment providers/processors approved by us, your client and will be segregated and held separately from the Company’s own funds may be combined in accordance with the funds applicable CySEC Rules. In the event of other clients. There is a risk that the our insolvency, Client Funds will be withdrawn or used excluded from the assets available to meet obligations our creditors. The Company reserves its right not to comply with the latter where it is able to demonstrate that, in view of other Clientsthe nature, or that scale and complexity of its business, and also the balance of assets held safety offered by the third party will not reconcile with the quantity that the third party is required parties referred to holdherein, and that including in any case the Client will not receive its full entitlement small balance of Client Funds in such circumstances. In some jurisdictions, it may not be possible to distinguish between Client Funds held for Clients and those held for the third party or for the Company, and there is a risk that the Client Funds will be withdrawnCompany holds, used to meet the third party's obligations, or lost entirely if the third party becomes insolventthis requirement is not proportionate. 61.2 59.2. We may, however, hold all or some parts part of your Client Funds with a custodian, credit institution, institution or bank located outside of the European Economic Area (EEA), an EEA country and in such circumstances the legal and regulatory regime in such circumstances may differ from that applicable in the EEAan EEA country, with the result that, effect that in the event of insolvency or equivalent failure of such custodian, credit institution, institution or bank, the treatment afforded to your Client Funds may differ be different from that the treatment afforded if your Client Funds were held inin an account with a credit institution or bank subject to an EEA state’s laws. We will not be liable for any failure or insolvency of any custodian, credit institution, bank, bank or third party holding your Client Funds within or outside the European Economic Area (EEA); however, applicable investor compensation or deposit protection schemes may protect a portion proportion of your Client Funds that are held with any with a custodian, credit institution, bank, institution or bank or third party. 61.3 59.3. Unless you notify us beforehand and in writing, we may allow a third party, such as an exchange, a clearing house, house or an intermediate broker, broker to hold all control all or part of your Client Funds Funds, where we transfer your Client Funds: (a) for the purposes of a Transaction and/or Contract you have entered into, or are entering into with such third party; or (b) to meet your obligations to provide services Collateral or Margin for a Transaction and/or Contract (e.g. an initial Margin requirement for a derivative Transaction). 59.4. Your Client Funds may be pooled with the funds of other clients in a general omnibus account. In such case, there is a risk that the Client Funds could be withdrawn or used to meet obligations of other Clients, or that the balance of assets held by the third party does not reconcile with the quantity which the third party is required to hold, and the Client may not in such circumstances receive its full entitlement of Client Funds. In some jurisdictions, it may not be possible to identify separately the Client Funds which a third party holds for Clients from those which it holds for itself of for the Company, and there is a risk that the Client Funds could be withdrawn or used to meet the obligations of the third party, or lost altogether if the third party becomes insolvent. 61.4 59.5. You hereby authorize us to make any deposits and withdrawals on your behalf from your Account with usus on your behalf, including, but not limited without limitation and prejudice to Withdrawals the generality of the above, withdrawals for the settlement of all Transactions undertaken and/or Contacts entered into under these Terms and Conditions, as well as for the settlement of any and all amounts which are payable by you, or on your behalf, to us or any other person under and/or pursuant to these Terms and Conditions, without limitation and without prejudice to the generality of the above. 61.5 Any payment payable by us to you, unless 59.6. Unless otherwise determined and specified stated "in the conditions terms agreed upon by mutual consent of the Parties," ", any amount payable by us to you, shall be paid directly to you and not to any other Person, save except in those situations where instances there this has been agreed upon by mutual consent of the Parties. 61.6 59.7. Without limiting prejudice to any other aspects provisions of this Agreement, we may, in at our sole discretion, set- from time to time and without your prior authorization, set-off any funds amounts held on your behalf against your obligations to us and/or consolidate merge any of your Accounts with us from time to time and without your prior authorizationus. 61.7 59.8. We do not pay interest to you on any Client Funds, or money that you transfer to us, unless we have expressly agreed to do so in writing. 59.9. You have will not grant any security interest over any Client Funds held in your Account, or any claim against us for money due to you, to any person other than us. 59.10. Where any amounts owed by you to us under the right Agreement are due and payable to us, in accordance with the Client Funds rules we shall cease to treat such funds as Client Funds so much of any Client Funds held on your behalf as equals those amounts. You agree that we may apply that money in or towards satisfaction of all or part of those amounts due and payable to us. For the purposes of this clause, any such amounts owed by you to us under this Agreement become immediately due and payable, without notice or demand by us, when incurred by you or on your behalf. 59.11. You are entitled to withdraw your money the funds from your Account that which are not used for Margin Covering and are not subject to Clause 57.3covering, without having to close closing your Account. 61.8 Leveraged 59.12. We may transfer any money we hold for you as Client Funds (after deduction of any amounts permitted by the terms of this Agreement) 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 Funds relate to the business transferred. Where we transfer your Client Funds to another legal entity under this clause we shall require that such Client Funds will be held by that entity for you in accordance with the Client Money Rules. 59.13. You agree that we shall be entitled to treat Client Funds as due and payable to us, to the extent that all or any part of the obligations owed by you to us under this Agreement are due and payable to us but unpaid. 59.14. An employee of the Company of sufficient skill and authority is appointed as the designated officer with specific responsibility for matters relating to the Company’s compliance with its obligations regarding the safeguarding of Client Funds and Financial Instruments trading entails Instruments. 59.15. Where your Account is inactive for a high level period of risk five (5) years with a positive balance (i.e., there are funds available in your Account) and during that period no transactions have been carried out in relation to your invested capital. Quinnix, the account or on the other handinstructions of the holder of the Account and we are unable to contact you after we take reasonable efforts to achieve this, has we will have the right to cease treating those funds as Client Money and make a "no negative balance" policy, which means you can't lose more than deduction from your initial investmentAccount in accordance with sub-clause 45.

Appears in 1 contract

Samples: Client Agreement

CLIENT FUNDS AND ASSETS. 61.1 63.1 All assets Assets (including, without limitation, cash, or only in those instances where in which we may agree otherwise, other assets, such as collateral (by which we mean investments, securities, bonds, bonds or any other financial instrument, property, property or asset acceptable to us in lieu of cash) handed over by you to us, or which we hold on your behalf for the provision of our Services ("Client Funds"), will be held in an account with a custodian, credit institution, institution or bank within t In the European Economic Area (“EEA”), or with a general omnibus accountbank authorized in a third country or any electronic payment providers/processors approved by us, your client and will be segregated from our own funds in accordance with the applicable MurrenTrade Rules. Your Client Funds may be combined pooled with the funds of other clientsclients in a general omnibus account. There In such case, there is a risk that the Client Funds will could be withdrawn or used to meet obligations of other Clients, or that the balance of assets held by the third party will does not reconcile with the quantity that which the third party is required to hold, and that the Client will may not in such circumstances receive its full entitlement of Client Funds in such circumstancesFunds. In some jurisdictions, it may not be possible to distinguish between identify separately the Client Funds held which a third party holds for Clients and from those held which it holds for the third party or itself of for the Company, and there is a risk that the Client Funds will could be withdrawn, withdrawn or used to meet the obligations of the third party's obligations, or lost entirely altogether if the third party becomes insolvent. 61.2 63.2 We may, however, hold all or some parts part of your Client Funds with a custodian, credit institution, institution or bank located outside of the European Economic Area (EEA), an EEA country and in such circumstances the legal and regulatory regime in such circumstances may differ from that applicable in the EEAan EEA country, with the result that, effect that in the event of insolvency or equivalent failure of such custodian, credit institution, institution or bank, the treatment afforded to your Client Funds may differ be different from that the treatment afforded if your Client Funds were held inin an account with a custodian, credit institution or bank subject to an EEA state’s laws. We will not be liable for any failure or insolvency of any custodian, credit institution, bank, bank or third party holding your Client Funds within or outside the European Economic Area (EEA); however, applicable investor compensation or deposit protection schemes may protect a portion proportion of your Client Funds that are held with any with a custodian, credit institution, bank, institution or bank or third party. 61.3 63.3 Unless you notify us beforehand and in writing, we may allow a third party, such as an exchange, a clearing house, house or an intermediate broker, broker to hold all control all or part of your Client Funds Funds, where we transfer your Client Funds: (a) for the purposes of a Transaction and/or Contract you have entered into, or are entering into with such third party; or (b) to meet your obligations to provide services to such third partyCollateral or Margin for a Transaction and/or Contract (e.g. an initial Margin requirement for a derivative Transaction). 61.4 63.4 You hereby authorize us to make any deposits and withdrawals on your behalf from your Account with usus on your behalf, including, but not limited without limitation and prejudice to Withdrawals the generality of the above, withdrawals for the settlement of all Transactions undertaken and/or Contacts entered into under these Terms and Conditions, as well as for the settlement of any and all amounts which are payable by you, or on your behalf, to us or any other person under and/or pursuant to these Terms and Conditions, without limitation and without prejudice to the generality of the above. 61.5 Any payment payable by us to you, unless 63.5 Unless otherwise determined and specified stated "in the conditions terms agreed upon by mutual consent of the Parties," ", any amount payable by us to you, shall be paid directly to you and not to any other Person, save except in those situations where instances there this has been agreed upon by mutual consent of the Parties. 61.6 63.6 Without limiting prejudice to any other aspects provisions of this Agreement, we may, in at our sole discretion, set- from time to time and without your prior authorisation, set-off any funds amounts held on your behalf against your obligations to us and/or consolidate merge any of your Accounts with us from time to time and without your prior authorizationus. 61.7 63.7 You have the right are entitled to withdraw your money the funds from your Account that which are not used for Margin Covering covering and are not subject to Clause 57.3, without having to close closing your Account. 61.8 Leveraged 63.8 Trading in leveraged Financial Instruments trading entails a high level of involves significant risk to on your invested capital. QuinnixHowever, on the other hand, has Murrentrade follows a "no negative balance" policy, ’ policy which means that you can't cannot lose more than your initial investmentinvested capital.

Appears in 1 contract

Samples: Online Trading Agreement

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CLIENT FUNDS AND ASSETS. 61.1 63.1 All assets Assets (including, without limitation, cash, or only in those instances where in which we may agree otherwise, other assets, such as collateral (by which we mean investments, securities, bonds, bonds or any other financial instrument, property, property or asset acceptable to us in lieu of cash) handed over by you to us, or which we hold on your behalf for the provision of our Services ("Client Funds"), will be held in an account with a custodian, credit institution, institution or bank within t In the European Economic Area (“EEA”), or with a general omnibus accountbank authorized in a third country or any electronic payment providers/processors approved by us, your client and will be segregated from our own funds in accordance with the applicable FSA Rules. Your Client Funds may be combined pooled with the funds of other clientsclients in a general omnibus account. There In such case, there is a risk that the Client Funds will could be withdrawn or used to meet obligations of other Clients, or that the balance of assets held by the third party will does not reconcile with the quantity that which the third party is required to hold, and that the Client will may not in such circumstances receive its full entitlement of Client Funds in such circumstancesFunds. In some jurisdictions, it may not be possible to distinguish between identify separately the Client Funds held which a third party holds for Clients and from those held which it holds for the third party or itself of for the Company, and there is a risk that the Client Funds will could be withdrawn, withdrawn or used to meet the obligations of the third party's obligations, or lost entirely altogether if the third party becomes insolvent. 61.2 63.2 We may, however, hold all or some parts part of your Client Funds with a custodian, credit institution, institution or bank located outside of the European Economic Area (EEA), an EEA country and in such circumstances the legal and regulatory regime in such circumstances may differ from that applicable in the EEAan EEA country, with the result that, effect that in the event of insolvency or equivalent failure of such custodian, credit institution, institution or bank, the treatment afforded to your Client Funds may differ be different from that the treatment afforded if your Client Funds were held inin an account with a custodian, credit institution or bank subject to an EEA state’s laws. We will not be liable for any failure or insolvency of any custodian, credit institution, bank, bank or third party holding your Client Funds within or outside the European Economic Area (EEA); however, applicable investor compensation or deposit protection schemes may protect a portion proportion of your Client Funds that are held with any with a custodian, credit institution, bank, institution or bank or third party. 61.3 63.3 Unless you notify us beforehand and in writing, we may allow a third party, such as an exchange, a clearing house, house or an intermediate broker, broker to hold all control all or part of your Client Funds Funds, where we transfer your Client Funds: (a) for the purposes of a Transaction and/or Contract you have entered into, or are entering into with such third party; or (b) to meet your obligations to provide services to such third partyCollateral or Margin for a Transaction and/or Contract (e.g. an initial Margin requirement for a derivative Transaction). 61.4 63.4 You hereby authorize us to make any deposits and withdrawals on your behalf from your Account with usus on your behalf, including, but not limited without limitation and prejudice to Withdrawals the generality of the above, withdrawals for the settlement of all Transactions undertaken and/or Contacts entered into under these Terms and Conditions, as well as for the settlement of any and all amounts which are payable by you, or on your behalf, to us or any other person under and/or pursuant to these Terms and Conditions, without limitation and without prejudice to the generality of the above. 61.5 Any payment payable by us to you, unless 63.5 Unless otherwise determined and specified stated "in the conditions terms agreed upon by mutual consent of the Parties," ", any amount payable by us to you, shall be paid directly to you and not to any other Person, save except in those situations where instances there this has been agreed upon by mutual consent of the Parties. 61.6 63.6 Without limiting prejudice to any other aspects provisions of this Agreement, we may, in at our sole discretion, set- from time to time and without your prior authorisation, set-off any funds amounts held on your behalf against your obligations to us and/or consolidate merge any of your Accounts with us from time to time and without your prior authorizationus. 61.7 63.7 You have the right are entitled to withdraw your money the funds from your Account that which are not used for Margin Covering covering and are not subject to Clause 57.3, without having to close closing your Account. 61.8 Leveraged 63.8 Trading in leveraged Financial Instruments trading entails a high level of involves significant risk to on your invested capital. QuinnixHowever, on the other hand, has TRADECMX follows a "no negative balance" policy, ’ policy which means that you can't cannot lose more than your initial investmentinvested capital.

Appears in 1 contract

Samples: Terms and Conditions

CLIENT FUNDS AND ASSETS. 61.1 All assets (including, without limitation, cash, or only in those instances where we may agree otherwise, other assets, such as collateral (by which we mean investments, securities, bonds, or any other financial instrument, property, or asset acceptable to us in lieu of cash) handed over to us, or which we hold on your behalf for the provision of our Services ("Client Funds"), will be held in an account with a custodian, credit institution, or bank within t In a general omnibus account, your client funds may be combined with the funds of other clients. There is a risk that the Client Funds will be withdrawn or used to meet obligations of other Clients, or that the balance of assets held by the third party will not reconcile with the quantity that the third party is required to hold, and that the Client will not receive its full entitlement of Client Funds in such circumstances. In some jurisdictions, it may not be possible to distinguish between Client Funds held for Clients and those held for the third party or for the Company, and there is a risk that the Client Funds will be withdrawn, used to meet the third party's obligations, or lost entirely if the third party becomes insolvent. 61.2 We may, however, hold all or some parts part of your Client Funds with a custodian, credit institution, or bank located outside of the European Economic Area (EEA), and the legal and regulatory regime in such circumstances may differ from that in the EEA, with the result that, in the event of insolvency or equivalent failure of such custodian, credit institution, or bank, the treatment afforded to your Client Funds may differ from that afforded if your Client Funds were held in. in We will not be liable for any failure or insolvency of any custodian, credit institution, bank, or third party holding your Client Funds within or outside the European Economic Area (EEA); however, applicable investor compensation or deposit protection schemes may protect a portion of your Client Funds held with a custodian, credit institution, bank, or third party. 61.3 Unless you notify us in writing, we may allow a third party, such as an exchange, clearing house, or intermediate broker, to hold all or part of your Client Funds where we transfer your Client Funds: (a) for the purposes of a Transaction and/or Contract you have entered into, or are entering into with such third party; or (b) to meet your obligations to provide services to such third party. 61.4 You hereby authorize us to make any deposits and withdrawals on your behalf from your Account with us, including, but not limited to Withdrawals for the settlement of all Transactions undertaken and/or Contacts entered into under these Terms and Conditions, as well as for the settlement of any and all amounts payable by you, or on your behalf, to us or any other person under and/or pursuant to these Terms and Conditions, without limitation and without prejudice to the generality of the above. 61.5 Any payment payable by us to you, unless otherwise determined and specified "in the conditions agreed upon by mutual consent of the Parties," shall be paid directly to you and not to any other Person, save in those situations where this has been agreed upon by mutual consent of the Parties. 61.6 Without limiting any other aspects of this Agreement, we may, in our sole discretion, set- off any funds held on your behalf against your obligations to us and/or consolidate any of your Accounts with us from time to time and without your prior authorization. 61.7 You have the right to withdraw your money from your Account that are not used for Margin Covering and are not subject to Clause 57.3, without having to close your Account. 61.8 Leveraged Financial Instruments trading entails a high level of risk to your invested capital. Quinnix, on the other hand, has a "no negative balance" policy, which means you can't lose more than your initial investment.or

Appears in 1 contract

Samples: Client Agreement

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