Common use of Client Funds Clause in Contracts

Client Funds. 12.1. All amounts handed over by the Client to the Execution Venue, for the provision of Investment Services as in Clause 9 above, shall be held in an omnibus account named as Client Account together with money of other Clients, but not with company money, and/ or in the name of the Execution Venue on behalf of the Client in an account with an authorised credit institution or a bank or any electronic payment providers/processors which the Company shall specify from time to time (“the ‘Bank Account”) and separately from any accounts used to hold funds belonging to the Execution Venue. The Company will not be liable for any failure or insolvency of any bank or third party; however, applicable investor compensation or deposit protection schemes may protect a proportion of Client Funds with any bank or third party. 12.2. Unless the Client notifies the Execution Venue in writing or otherwise, the Execution Venue may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold all control Client Funds where the Execution Venue transfers the Client Funds (a) For the purposes of a transaction for the Client through or with that person; or (b) To meet Clients obligations to provide collateral for a transaction (e.g. an initial margin requirement for a derivative transaction). 12.3. The Client authorises the Execution Venue to make any deposits and withdrawals from the Client’s Account on his/ her behalf including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Terms and all amounts which are payable by or on behalf of the Client to the Execution Venue or any other person. 12.4. Unless the Parties otherwise agree, in writing, any amount payable by the Execution Venue to the Client, shall be paid directly to the Client. 12.5. The Execution Venue may at its discretion from time to time and without Client’s authorisation set off any amounts held on Client’s behalf against the Client’s obligation to the Execution Venue and/ or merge any Accounts of the Client with the Execution Venue. 12.6. The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations (Free Margin) from his/ her Account without closing the said Account. 12.7. Money transfer request (withdrawal from Trading Account) is processed within three Business Days after receiving from the Client transfer request instructions. Then the transferring amount reduces the balance of the Client's Trading Account when the transfer request process is concluded. The Execution Venue & the Company reserves the right to decline a withdrawal request if the request is not in accordance with Clause 12.10 below, or delay the processing of the request if not satisfied on full documentation of the Client. 12.8. The Client agrees to pay any incurred bank transfer fees when withdrawing funds from the Client’s Account to his/ her designated bank account. The Client is fully responsible for payments details, given to the Execution Venue and the Company and the Company accepts no responsibility for the Client’s funds, if the details given by the Client are wrong. It is also understood that the Execution Venue accepts no responsibility for any funds not deposited directly into the Execution Venue’s bank accounts. 12.9. The Client agrees that any amounts sent by the Client or on the Client’s behalf in the bank account of the Execution Venue will be deposited to the Client’s Account at the value date of the payment received and net of any charges/ fees charged by the bank account providers or any other intermediary involved in such transaction process. The Company must be satisfied that the sender is the Client or an authorised representative of the Client before making any amount available to the Client’s Account, otherwise the Company reserves the right to refund/ send back the net amount received to the remitter by the same method as received. 12.10. Xxxxxxxxxxx should be made using the same method used by the Client to fund his/ her Account and to the same remitter. The Company reserves the right to decline a withdrawal with specific payment method and suggest another payment method where the Client needs to proceed with a new withdrawal request, or request further documentation while processing the withdrawal request. If the Company is not satisfied with any documentation provided by the Client will reverse the withdrawal transaction and deposit the amount back to the Client’s Account. More details on the circumstances which the Execution Venue might cancel a withdrawal request can be found on “Withdrawal Conditions” which is accessible via the Company’s website. 12.11. The Client agrees to waive any of his rights to receive any interest earned in the money held in the Bank Accounts and consents that the Execution Venue will benefit for such an interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts. Such expenses will not be passed over to the Clients what so ever. However, the Execution Venue may at its discretion pay interest at a rate and basis of calculation as it determines. 12.12. The client acknowledges that card and payment processing will be processed by XtreamForex. 12.13. Where the Client’s Account is classified as Closed/Terminated with a positive balance (i.e. there are funds available on Client’s Account), the Company will have the right to cease treating those funds as Client Money and make a deduction of the Account balance from Company's Client Account to Company's Own account. If the Client later makes a valid claim to the Company, the Company may pay the Client any amount owed to the Client by the Company.

Appears in 1 contract

Samples: Client Agreement

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Client Funds. 12.1. 12.1 All amounts handed over by the Client to the Execution Venue, for the provision of Investment Services as in Clause 9 above, shall be held in an omnibus account named as Client Account together with money of other Clients, but not with company money, and/ or in the name of the Execution Venue on behalf of the Client in an account with an authorised credit institution or a bank or any electronic payment providers/processors which the Company shall specify from time to time (“the ‘Bank Account”) and separately from any accounts used to hold funds belonging to the Execution Venue. The Company will not be liable for any failure or insolvency of any bank or third party; however, applicable investor compensation or deposit protection schemes may protect a proportion of Client Funds with any bank or third party. 12.2. 12.2 Unless the Client notifies the Execution Venue in writing or otherwise, the Execution Venue may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold all control of Client Funds where the Execution Venue transfers the Client Funds Funds (a) For the purposes of for a transaction for the Client through or with that person; or or (b) To to meet Clients Client’s obligations to provide collateral for a transaction (e.g. e.g., an initial margin requirement for a derivative transaction). 12.3. 12.3 The Client authorises the Execution Venue to make any deposits and withdrawals from the Client’s Account on his/ her behalf including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Terms and all amounts which are payable by or on behalf of the Client to the Execution Venue or any other person. 12.4. 12.4 Unless the Parties otherwise agree, in writing, any amount payable by the Execution Venue to the Client, shall be paid directly to the Client. 12.5. 12.5 The Execution Venue may at its discretion from time to time and without Client’s authorisation set off any amounts held on Client’s behalf against the Client’s obligation to the Execution Venue and/ or merge any Accounts of the Client with the Execution Venue. 12.6. 12.6 The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations (Free Margin) from his/ her Account without closing the said Account. 12.7. 12.7 Money transfer request (withdrawal from Trading Account) is processed within three Business Days after receiving from the Client transfer request instructions. Then the transferring amount reduces the balance of the Client's Trading Account when the transfer request process is concluded. The Execution Venue & the Company reserves the right to decline a withdrawal request if the request is not in accordance with Clause 12.10 below, or delay the processing of the request if not satisfied on full documentation of the Client. 12.8. 12.8 The Client agrees to pay any incurred bank transfer fees when withdrawing funds from the Client’s Account to his/ her designated bank account. The Client is fully responsible for payments the payment’s details, given to the Execution Venue and the Company and the Company accepts no responsibility for the Client’s funds, if the details given by the Client are wrong. It is also understood that the Execution Venue accepts no responsibility for any funds not deposited directly into the Execution Venue’s bank accounts. 12.9. 12.9 The Client agrees that any amounts sent by the Client or on the Client’s behalf in the bank account of the Execution Venue will be deposited to the Client’s Account at the value date of the payment received and net of any charges/ fees charged by the bank account providers or any other intermediary involved in such transaction process. The Company must be satisfied that the sender is the Client or an authorised representative of the Client before making any amount available to the Client’s Account, otherwise the Company reserves the right to refund/ send back the net amount received to the remitter by the same method as received. 12.10. Xxxxxxxxxxx 12.10 Withdrawals should be made using the same method used by the Client to fund his/ her Account and to the same remitter. The Company reserves the right to decline a withdrawal with a specific payment method and suggest another payment method where the Client needs to proceed with a new withdrawal request, or request further documentation while processing the withdrawal request. If the Company is not satisfied with any documentation provided by the Client will reverse the withdrawal transaction and deposit the amount back to the Client’s Account. More details on the circumstances which the Execution Venue might cancel a withdrawal request can be found on in under “Withdrawal Conditions” which is accessible via the Company’s website. 12.11. 12.11 The Client agrees to waive any of his rights to receive any interest earned in the money held in the Bank Accounts and consents that the Execution Venue will benefit for such an interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts. Such expenses will not be passed over to the Clients what so ever. However, the Execution Venue may at its discretion pay interest at a rate and basis of calculation as it determines. 12.12. 12.12 The client acknowledges that card and payment processing will be processed by XtreamForex4in FX or any third party which 4in FX chooses to work with. 12.13. Where the Client’s Account is classified as Closed/Terminated with a positive balance (i.e. there are funds available on Client’s Account), the Company will have the right to cease treating those funds as Client Money and make a deduction of the Account balance from Company's Client Account to Company's Own account. If the Client later makes a valid claim to the Company, the Company may pay the Client any amount owed to the Client by the Company.

Appears in 1 contract

Samples: Account Opening Agreement

Client Funds. 12.111.1. All amounts handed over by the Client to the Execution Venue, for the provision of Investment Services as in Clause 9 above, shall be held in an omnibus account named as Client Account together with money of other Clients, but not with company money, and/ or in the name of the Execution Venue on behalf of the Client in an account with an authorised authorized credit institution or a bank or any electronic payment providers/processors which the Company shall specify from time to time (“the ‘Bank Account”) and separately from any accounts used to hold funds belonging to the Execution Venue. The Company will not be liable for any failure or insolvency of any bank or third party; however, applicable investor compensation or deposit protection schemes may protect a proportion of Client Funds with any bank or third party. 12.211.2. Unless the Client notifies the Execution Venue in writing or otherwise, the Execution Venue may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold all control Client Funds where the Execution Venue transfers the Client Funds Funds (a) For for the purposes of a transaction for the Client through or with that person; or or (b) To to meet Clients Clients’ obligations to provide collateral for a transaction (e.g. e.g., an initial margin requirement for a derivative transaction). 12.311.3. The Client authorises authorizes the Execution Venue to make any deposits and withdrawals from the Client’s Account on his/ her behalf including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Terms and all amounts which are payable by or on behalf of the Client to the Execution Venue or any other person. 12.411.4. Unless the Parties otherwise agree, in writing, any amount payable by the Execution Venue to the Client, shall be paid directly to the Client. 12.511.5. The Execution Venue may at its discretion from time to time and without Client’s authorisation authorization set off any amounts held on Client’s behalf against the Client’s obligation to the Execution Venue and/ or merge any Accounts of the Client with the Execution Venue. 12.611.6. The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations (Free Margin) from his/ her Account without closing the said Account. 12.711.7. Money transfer request (withdrawal from Trading Account) is processed within three Business Days after receiving from the Client transfer request instructions. Then the transferring amount reduces the balance of the Client's Trading Account when the transfer request process is concluded. The Execution Venue & the Company reserves the right to decline a withdrawal request if the request is not in accordance with Clause 12.10 below, or delay the processing of the request if not satisfied on full documentation of the Client. 12.811.8. The Client agrees to pay any incurred bank transfer fees when withdrawing funds from the Client’s Account to his/ her designated bank account. The Client is fully responsible for payments details, given to the Execution Venue and the Company and the Company accepts no responsibility for the Client’s funds, if the details given by the Client are wrong. It is also understood that the Execution Venue accepts no responsibility for any funds not deposited directly into the Execution Venue’s bank accounts. 12.911.9. The Client agrees that any amounts sent by the Client or on the Client’s behalf in the bank account of the Execution Venue will be deposited to the Client’s Account at the value date of the payment received and net of any charges/ fees charged by the bank account providers or any other intermediary involved in such transaction process. The Company must be satisfied that the sender is the Client or an authorised authorized representative of the Client before making any amount available to the Client’s Account, otherwise the Company reserves the right to refund/ send back the net amount received to the remitter by the same method as received. 12.1011.10. Xxxxxxxxxxx Withdrawals should be made using the same method used by the Client to fund his/ her Account and to the same remitter. The Company reserves the right to decline a withdrawal with a specific payment method and suggest another payment method where the Client needs to proceed with a new withdrawal request, or request further documentation while processing the withdrawal request. If the Company is not satisfied with any documentation provided by the Client Client, it will reverse the withdrawal transaction and deposit the amount back to the Client’s Account. More details on the circumstances in which the Execution Venue might cancel a withdrawal request can be found on “Withdrawal Conditions” which is accessible via the Company’s website. 12.1111.11. The Client agrees to waive any of his rights to receive any interest earned in the money held in the Bank Accounts and consents that the Execution Venue will benefit for such an interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts. Such expenses will not be passed over to the Clients what so everwhatsoever. However, the Execution Venue may at its discretion pay interest at a rate and basis of calculation as it determines. 12.12. The client acknowledges that card and payment processing will be processed by XtreamForex. 12.13Xxxxxx Markets, which is wholly owned by Xxxxxx Markets. Where the Client’s Account is classified as Closed/Terminated with a positive balance (i.e. i.e., there are funds available on Client’s Account), the Company will have the right to cease treating those funds as Client Money and make a deduction of the Account balance from Company's Client Account to Company's Own account. If the Client later makes a valid claim to the Company, the Company may pay the Client any amount owed to the Client by the Company.

Appears in 1 contract

Samples: Account Opening Agreement

Client Funds. 12.1. All amounts handed over by the Client to the Execution Venue, for the provision of Investment Services as in Clause 9 above, shall be held in an omnibus account named as Client Account together with money of other Clients, but not with company money, and/ or in the name of the Execution Venue on behalf of the Client in an account with an authorised credit institution or a bank or any electronic payment providers/processors which the Company shall specify from time to time (“the ‘Bank ³WKµH% DQN Account”) ´ and separately from any accounts used to hold funds belonging to the Execution Venue. The Company will not be liable for any failure or insolvency of any bank or third party; however, applicable investor compensation or deposit protection schemes may protect a proportion of Client Funds with any bank or third party. 12.2. Unless the Client notifies the Execution Venue in writing or otherwise, the Execution Venue may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold all control Client Funds where the Execution Venue transfers the Client Funds Funds (a) For for the purposes of a transaction for the Client through or with that person; or or (b) To to meet Clients obligations to provide collateral for a transaction (e.g. an initial margin requirement for a derivative transaction). 12.3. The Client authorises the Execution Venue to make any deposits and withdrawals from the Client’s Account Client¶VAc count on his/ her behalf including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Terms and all amounts which are payable by or on behalf of the Client to the Execution Venue or any other person. 12.4. Unless the Parties otherwise agree, in writing, any amount payable by the Execution Venue to the Client, shall be paid directly to the Client. 12.5. The Execution Venue may at its discretion from time to time and without Client’s Client¶V authorisation set off any amounts held on Client’s behalf Client¶Vbehalf against the Client’s obligation Client¶Vobligation to the Execution Venue and/ or merge any Accounts of the Client with the Execution Venue. 12.6. The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations (Free Margin) from his/ her Account without closing the said Account. 12.7. Money transfer request (withdrawal from Trading Account) is processed within three Business Days after receiving from the Client transfer request instructions. Then the transferring amount reduces the balance of the Client's Trading Account when the transfer request process is concluded. The Execution Venue & the Company reserves the right to decline a withdrawal request if the request is not in accordance with Clause 12.10 below, or delay the processing of the request if not satisfied on full documentation of the Client. 12.8. The Client agrees to pay any incurred bank transfer fees when withdrawing funds from the Client’s Account Client¶VAc count to his/ her designated bank account. The Client is fully responsible for payments details, given to the Execution Venue and the Company and the Company accepts no responsibility for the Client’s fundsClient¶fVunds, if the details given by the Client are wrong. It is also understood that the Execution Venue accepts no responsibility for any funds not deposited directly into the Execution Venue’s bank Venue¶Vbank accounts. 12.9. The Client agrees that any amounts sent by the Client or on the Client’s behalf Client¶Vbehalf in the bank account of the Execution Venue will be deposited to the Client’s Account Client¶VAccount at the value date of the payment received and net of any charges/ fees charged by the bank account providers or any other intermediary involved in such transaction process. The Company must be satisfied that the sender is the Client or an authorised representative of the Client before making any amount available to the Client’s AccountClient¶VAccount, otherwise the Company reserves the right to refund/ send back the net amount received to the remitter by the same method as received. 12.10. Xxxxxxxxxxx should be made using the same method used by the Client to fund his/ her Account and to the same remitter. The Company reserves the right to decline a withdrawal with specific payment method and suggest another payment method where the Client needs to proceed with a new withdrawal request, or request further documentation while processing the withdrawal request. If the Company is not satisfied with any documentation provided by the Client will reverse the withdrawal transaction and deposit the amount back to the Client’s AccountClient¶VAccount. More details on the circumstances which the Execution Venue might cancel a withdrawal request can be found on “Withdrawal Conditions” which is accessible via the Company’s website³:LWKGUDZDO´w h&ichRisQaGccLesWsiLbleRvQiaVthe Company¶Vwebsite. 12.11. The Client agrees to waive any of his rights to receive any interest earned in the money held in the Bank Accounts and consents that the Execution Venue will benefit for such an interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts. Such expenses will not be passed over to the Clients what so ever. However, the Execution Venue may at its discretion pay interest at a rate and basis of calculation as it determines. 12.12. The client acknowledges that card and payment processing will be processed by XtreamForex. 12.13. Where Xxxxx Trade Fintech Services Ltd, which is wholly owned by Xxxxx Trade Holdings Ltd (the Client’s Account is classified as Closed/Terminated with a positive balance (i.e. there are funds available on Client’s Account), the holdings Company will have the right to cease treating those funds as Client Money and make a deduction of the Account balance from Company's Client Account to Company's Own account. If the Client later makes a valid claim to the Company, the Company may pay the Client any amount owed to the Client by the CompanyXxxxx Trade Group).

Appears in 1 contract

Samples: Account Opening Agreement

Client Funds. 12.1. All amounts handed over by the Client to the Execution Venue, for the provision of Investment Services as in Clause 9 above, shall be held in an omnibus account named as Client Account together with money of other Clients, but not with company money, and/ or in the name of the Execution Venue on behalf of the Client in an account with an authorised credit institution or a bank or any electronic payment providers/processors which the Company shall specify from time to time (“the ‘Bank ³WKµH%DQN Account”) ´ and separately from any accounts used to hold funds belonging to the Execution Venue. The Company will not be liable for any failure or insolvency of any bank or third party; however, applicable investor compensation or deposit protection schemes may protect a proportion of Client Funds with any bank or third party. 12.2. Unless the Client notifies the Execution Venue in writing or otherwise, the Execution Venue may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold all control Client Funds where the Execution Venue transfers the Client Funds Funds (a) For for the purposes of a transaction for the Client through or with that person; or or (b) To to meet Clients obligations to provide collateral for a transaction (e.g. an initial margin requirement for a derivative transaction). 12.3. The Client authorises the Execution Venue to make any deposits and withdrawals from the Client’s Account Client¶VAccount on his/ her behalf including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Terms and all amounts which are payable by or on behalf of the Client to the Execution Venue or any other person. 12.4. Unless the Parties otherwise agree, in writing, any amount payable by the Execution Venue to the Client, shall be paid directly to the Client. 12.5. The Execution Venue may at its discretion from time to time and without Client’s Client¶V authorisation set off any amounts held on Client’s behalf Client¶Vbehalf against the Client’s obligation Client¶Vobligation to the Execution Venue and/ or merge any Accounts of the Client with the Execution Venue. 12.6. The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations (Free Margin) from his/ her Account without closing the said Account. 12.7. Money transfer request (withdrawal from Trading Account) is processed within three Business Days after receiving from the Client transfer request instructions. Then the transferring amount reduces the balance of the Client's Trading Account when the transfer request process is concluded. The Execution Venue & the Company reserves the right to decline a withdrawal request if the request is not in accordance with Clause 12.10 below, or delay the processing of the request if not satisfied on full documentation of the Client. 12.8. The Client agrees to pay any incurred bank transfer fees when withdrawing funds from the Client’s Account Client¶VAccount to his/ her designated bank account. The Client is fully responsible for payments details, given to the Execution Venue and the Company and the Company accepts no responsibility for the Client’s fundsClient¶Vfunds, if the details given by the Client are wrong. It is also understood that the Execution Venue accepts no responsibility for any funds not deposited directly into the Execution Venue’s bank Venue¶Vbank accounts. 12.9. The Client agrees that any amounts sent by the Client or on the Client’s behalf Client¶Vbehalf in the bank account of the Execution Venue will be deposited to the Client’s Account Client¶VAccount at the value date of the payment received and net of any charges/ fees charged by the bank account providers or any other intermediary involved in such transaction process. The Company must be satisfied that the sender is the Client or an authorised representative of the Client before making any amount available to the Client’s AccountClient¶VAccount, otherwise the Company reserves the right to refund/ send back the net amount received to the remitter by the same method as received. 12.10. Xxxxxxxxxxx Withdrawals should be made using the same method used by the Client to fund his/ her Account and to the same remitter. The Company reserves the right to decline a withdrawal with specific payment method and suggest another payment method where the Client needs to proceed with a new withdrawal request, or request further documentation while processing the withdrawal request. If the Company is not satisfied with any documentation provided by the Client will reverse the withdrawal transaction and deposit the amount back to the Client’s AccountClient¶VAccount. More details on the circumstances which the Execution Venue might cancel a withdrawal request can be found on “Withdrawal Conditions” which is accessible via the Company’s website³:LWKGUDZDO´wh&ichRisQaGccLesWsiLbleRvQia Vthe Company¶Vwebsite. 12.11. The Client agrees to waive any of his rights to receive any interest earned in the money held in the Bank Accounts and consents that the Execution Venue will benefit for such an interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts. Such expenses will not be passed over to the Clients what so ever. However, the Execution Venue may at its discretion pay interest at a rate and basis of calculation as it determines. 12.12. The client acknowledges that card and payment processing will be processed by XtreamForex. 12.13. Where Xxxxx Trade Fintech Services Ltd, which is wholly owned by Xxxxx Trade Holdings Ltd (the Client’s Account is classified as Closed/Terminated with a positive balance (i.e. there are funds available on Client’s Account), the holdings Company will have the right to cease treating those funds as Client Money and make a deduction of the Account balance from Company's Client Account to Company's Own account. If the Client later makes a valid claim to the Company, the Company may pay the Client any amount owed to the Client by the CompanyXxxxx Trade Group).

Appears in 1 contract

Samples: Account Opening Agreement

Client Funds. 12.112. 1 All amounts handed over by the Client to the Execution Venue, for the provision of Investment Services as in Clause 9 above, shall be held in an omnibus account named as Client Account together with money of other Clients, but not with company money, and/ or in the name of the Execution Venue on behalf of the Client in an account with an authorised credit institution or a bank or any electronic payment providers/processors which the Company shall specify from time to time (“the ‘Bank Account”) and separately from any accounts used to hold funds belonging to the Execution Venue. The Company will not be liable for any failure or insolvency of any bank or third party; however, applicable investor compensation or deposit protection schemes may protect a proportion of Client Funds with any bank or third party. 12.212. 2 Unless the Client notifies the Execution Venue in writing or otherwise, the Execution Venue may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold all control of Client Funds where the Execution Venue transfers the Client Funds Funds (a) For the purposes of for a transaction for the Client through or with that person; or or (b) To to meet Clients Client’s obligations to provide collateral for a transaction (e.g. e.g., an initial margin requirement for a derivative transaction). 12.312. 3 The Client authorises authorizes the Execution Venue to make any deposits and withdrawals from the Client’s Account on his/ her behalf including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Terms and all amounts which are payable by or on behalf of the Client to the Execution Venue or any other person. 12.412. 4 Unless the Parties otherwise agree, in writing, any amount payable by the Execution Venue to the Client, shall be paid directly to the Client. 12.512. 5 The Execution Venue may at its discretion from time to time and without Client’s authorisation set off any amounts held on Client’s behalf against the Client’s obligation to the Execution Venue and/ or merge any Accounts of the Client with the Execution Venue. 12.612. 6 The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations (Free Margin) from his/ her Account without closing the said Account. 12.712. 7 Money transfer request (withdrawal from Trading Account) is processed within three Business Days after receiving from the Client transfer request instructions. Then the transferring amount reduces the balance of the Client's Trading Account when the transfer request process is concluded. The Execution Venue & the Company reserves the right to decline a withdrawal request if the request is not in accordance with Clause 12.10 below, or delay the processing of the request if not satisfied on full documentation of the Client. 12.812. 8 The Client agrees to pay any incurred bank transfer fees when withdrawing funds from the Client’s Account to his/ her designated bank account. The Client is fully responsible for payments the payment’s details, given to the Execution Venue and the Company and the Company accepts no responsibility for the Client’s funds, if the details given by the Client are wrong. It is Itis also understood that the Execution Venue accepts no responsibility for any funds not deposited directly into the Execution Venue’s bank accounts. 12.912. 9 The Client agrees that any amounts sent by the Client or on the Client’s behalf in the bank account of the Execution Venue will be deposited to the Client’s Account at the value date of the payment received and net of any charges/ fees charged by the bank account providers or any other intermediary involved in such transaction process. The Company must be satisfied that the sender is the Client or an authorised authorized representative of the Client before making any amount available to the Client’s Account, otherwise the Company reserves the right to refund/ send back the net amount received to the remitter by the same method as received. 12.1012. Xxxxxxxxxxx 10 Withdrawals should be made using the same method used by the Client to fund his/ her Account and to the same remitter. The Company reserves the right to decline a withdrawal with a specific payment method and suggest another payment method where the Client needs to proceed with a new withdrawal request, or request further documentation while processing the withdrawal request. If the Company is not satisfied with any documentation provided by the Client will reverse the withdrawal transaction and deposit the amount back to the Client’s Account. More details on the circumstances which the Execution Venue might cancel a withdrawal request can be found on in under “Withdrawal Conditions” which is accessible via the Company’s website. 12.1112. 11 The Client agrees to waive any of his rights to receive any interest earned in the money held in the Bank Accounts and consents that the Execution Venue will benefit for such an interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts. Such expenses will not be passed over to the Clients what so ever. However, the Execution Venue may at its discretion pay interest at a rate and basis of calculation as it determines. 12.1212. 12 The client acknowledges that card and payment processing will be processed by XtreamForexDelta FX or any third party which Delta FX chooses to work with. 12.13. Where the Client’s Account is classified as Closed/Terminated with a positive balance (i.e. there are funds available on Client’s Account), the Company will have the right to cease treating those funds as Client Money and make a deduction of the Account balance from Company's Client Account to Company's Own account. If the Client later makes a valid claim to the Company, the Company may pay the Client any amount owed to the Client by the Company.

Appears in 1 contract

Samples: Account Opening Agreement

Client Funds. 12.1. All amounts handed over by the Client to the Execution Venue, for the provision of Investment Services as in Clause 9 above, shall be held in an omnibus account named as Client Account together with money of other Clients, but not with company money, and/ or in the name of the Execution Venue on behalf of the Client in an account with an authorised credit institution or a bank or any electronic payment providers/processors which the Company shall specify from time to time (“the ‘Bank Account”) and separately from any accounts used to hold funds belonging to the Execution Venue. The Company will not be liable for any failure or insolvency of any bank or third party; however, applicable investor compensation or deposit protection schemes may protect a proportion of Client Funds with any bank or third party. 12.2. Unless the Client notifies the Execution Venue in writing or otherwise, the Execution Venue may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold all control Client Funds where the Execution Venue transfers the Client Funds Funds (a) For for the purposes of a transaction for the Client through or with that person; or or (b) To to meet Clients obligations to provide collateral for a transaction (e.g. an initial margin requirement for a derivative transaction). 12.3. The Client authorises the Execution Venue to make any deposits and withdrawals from the Client’s Account on his/ her behalf including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Terms and all amounts which are payable by or on behalf of the Client to the Execution Venue or any other person. 12.4. Unless the Parties otherwise agree, in writing, any amount payable by the Execution Venue to the Client, shall be paid directly to the Client. 12.5. The Execution Venue may at its discretion from time to time and without Client’s authorisation set off any amounts held on Client’s behalf against the Client’s obligation to the Execution Venue and/ or merge any Accounts of the Client with the Execution Venue. 12.6. The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations (Free Margin) from his/ her Account without closing the said Account. 12.7. Money transfer request (withdrawal from Trading Account) is processed within three Business Days after receiving from the Client transfer request instructions. Then the transferring amount reduces the balance of the Client's Trading Account when the transfer request process is concluded. The Execution Venue & the Company reserves the right to decline a withdrawal request if the request is not in accordance with Clause 12.10 below, or delay the processing of the request if not satisfied on full documentation of the Client. 12.8. The Client agrees to pay any incurred bank transfer fees when withdrawing funds from the Client’s Account to his/ her designated bank account. The Client is fully responsible for payments details, given to the Execution Venue and the Company and the Company accepts no responsibility for the Client’s funds, if the details given by the Client are wrong. It is also understood that the Execution Venue accepts no responsibility for any funds not deposited directly into the Execution Venue’s bank accounts. 12.9. The Client agrees that any amounts sent by the Client or on the Client’s behalf in the bank account of the Execution Venue will be deposited to the Client’s Account at the value date of the payment received and net of any charges/ fees charged by the bank account providers or any other intermediary involved in such transaction process. The Company must be satisfied that the sender is the Client or an authorised representative of the Client before making any amount available to the Client’s Account, otherwise the Company reserves the right to refund/ send back the net amount received to the remitter by the same method as received. 12.10. Xxxxxxxxxxx Withdrawals should be made using the same method used by the Client to fund his/ her Account and to the same remitter. The Company reserves the right to decline a withdrawal with specific payment method and suggest another payment method where the Client needs to proceed with a new withdrawal request, or request further documentation while processing the withdrawal request. If the Company is not satisfied with any documentation provided by the Client will reverse the withdrawal transaction and deposit the amount back to the Client’s Account. More details on the circumstances which the Execution Venue might cancel a withdrawal request can be found on “Withdrawal Conditions” which is accessible via the Company’s website. 12.11. The Client agrees to waive any of his rights to receive any interest earned in the money held in the Bank Accounts and consents that the Execution Venue will benefit for such an interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts. Such expenses will not be passed over to the Clients what so ever. However, the Execution Venue may at its discretion pay interest at a rate and basis of calculation as it determines. 12.12. The client acknowledges that card and payment processing will be processed by XtreamForex. 12.13. Where Xxxxx Trade Fintech Services Ltd, which is wholly owned by Xxxxx Trade Holdings Ltd (the Client’s Account is classified as Closed/Terminated with a positive balance (i.e. there are funds available on Client’s Account), the holdings Company will have the right to cease treating those funds as Client Money and make a deduction of the Account balance from Company's Client Account to Company's Own account. If the Client later makes a valid claim to the Company, the Company may pay the Client any amount owed to the Client by the CompanyXxxxx Trade Group).

Appears in 1 contract

Samples: Account Opening Agreement

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Client Funds. 12.1. 12.1 All amounts handed over by the Client to the Execution Venue, for the provision of Investment Services as in Clause 9 above, shall be held in an omnibus account named as Client Account together with money of other Clients, but not with company money, and/ or in the name of the Execution Venue on behalf of the Client in an account with an authorised credit institution or a bank or any electronic payment providers/processors which the Company shall specify from time to time (“the ‘Bank Account”) and separately from any accounts used to hold funds belonging to the Execution Venue. The Company will not be liable for any failure or insolvency of any bank or third party; however, applicable investor compensation or deposit protection schemes may protect a proportion of Client Funds with any bank or third party. 12.2. 12.2 Unless the Client notifies the Execution Venue in writing or otherwise, the Execution Venue may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold all control of Client Funds where the Execution Venue transfers the Client Funds Funds (a) For the purposes of for a transaction for the Client through or with that person; or or (b) To to meet Clients Client’s obligations to provide collateral for a transaction (e.g. e.g., an initial margin requirement for a derivative transaction). 12.3. 12.3 The Client authorises the Execution Venue to make any deposits and withdrawals from the Client’s Account on his/ her behalf including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Terms and all amounts which are payable by or on behalf of the Client to the Execution Venue or any other person. 12.4. 12.4 Unless the Parties otherwise agree, in writing, any amount payable by the Execution Venue to the Client, shall be paid directly to the Client. 12.5. 12.5 The Execution Venue may at its discretion from time to time and without Client’s authorisation set off any amounts held on Client’s behalf against the Client’s obligation to the Execution Venue and/ or merge any Accounts of the Client with the Execution Venue. 12.6. 12.6 The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations (Free Margin) from his/ her Account without closing the said Account. 12.7. 12.7 Money transfer request (withdrawal from Trading Account) is processed within three Business Days after receiving from the Client transfer request instructions. Then the transferring amount reduces the balance of the Client's Trading Account when the transfer request process is concluded. The Execution Venue & the Company reserves the right to decline a withdrawal request if the request is not in accordance with Clause 12.10 below, or delay the processing of the request if not satisfied on full documentation of the Client. 12.8. 12.8 The Client agrees to pay any incurred bank transfer fees when withdrawing funds from the Client’s Account to his/ her designated bank account. The Client is fully responsible for payments the payment’s details, given to the Execution Venue and the Company and the Company accepts no responsibility for the Client’s funds, if the details given by the Client are wrong. It is also understood that the Execution Venue accepts no responsibility for any funds not deposited directly into the Execution Venue’s bank accounts. 12.9. 12.9 The Client agrees that any amounts sent by the Client or on the Client’s behalf in the bank account of the Execution Venue will be deposited to the Client’s Account at the value date of the payment received and net of any charges/ fees charged by the bank account providers or any other intermediary involved in such transaction process. The Company must be satisfied that the sender is the Client or an authorised representative of the Client before making any amount available to the Client’s Account, otherwise the Company reserves the right to refund/ send back the net amount received to the remitter by the same method as received. 12.10. Xxxxxxxxxxx 12.10 Withdrawals should be made using the same method used by the Client to fund his/ her Account and to the same remitter. The Company reserves the right to decline a withdrawal with a specific payment method and suggest another payment method where the Client needs to proceed with a new withdrawal request, or request further documentation while processing the withdrawal request. If the Company is not satisfied with any documentation provided by the Client will reverse the withdrawal transaction and deposit the amount back to the Client’s Account. More details on the circumstances which the Execution Venue might cancel a withdrawal request can be found on in under “Withdrawal Conditions” which is accessible via the Company’s website. 12.11. 12.11 The Client agrees to waive any of his rights to receive any interest earned in the money held in the Bank Accounts and consents that the Execution Venue will benefit for such an interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts. Such expenses will not be passed over to the Clients what so ever. However, the Execution Venue may at its discretion pay interest at a rate and basis of calculation as it determines. 12.12. 12.12 The client acknowledges that card and payment processing will be processed by XtreamForexDelta FX or any third party which Delta FX chooses to work with. 12.13. Where the Client’s Account is classified as Closed/Terminated with a positive balance (i.e. there are funds available on Client’s Account), the Company will have the right to cease treating those funds as Client Money and make a deduction of the Account balance from Company's Client Account to Company's Own account. If the Client later makes a valid claim to the Company, the Company may pay the Client any amount owed to the Client by the Company.

Appears in 1 contract

Samples: Account Opening Agreement

Client Funds. 12.1. 12.1 All amounts handed over by the Client to the Execution Venue, for the provision of Investment Services as in Clause 9 above, shall be held in an omnibus account named as Client Account together with money of other Clients, but not with company money, and/ or in the name of the Execution Venue on behalf of the Client in an account with an authorised credit institution or a bank or any electronic payment providers/processors which the Company shall specify from time to time (“the ‘Bank Account”) and separately from any accounts used to hold funds belonging to the Execution Venue. The Company will not be liable for any failure or insolvency of any bank or third party; however, applicable investor compensation or deposit protection schemes may protect a proportion of Client Funds with any bank or third party. 12.2. 12.2 Unless the Client notifies the Execution Venue in writing or otherwise, the Execution Venue may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold all control of Client Funds where the Execution Venue transfers the Client Funds Funds (a) For the purposes of for a transaction for the Client through or with that person; or or (b) To to meet Clients Client’s obligations to provide collateral for a transaction (e.g. e.g., an initial margin requirement for a derivative transaction). 12.3. 12.3 The Client authorises authorizes the Execution Venue to make any deposits and withdrawals from the Client’s Account on his/ her behalf including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Terms and all amounts which are payable by or on behalf of the Client to the Execution Venue or any other person. 12.4. 12.4 Unless the Parties otherwise agree, in writing, any amount payable by the Execution Venue to the Client, shall be paid directly to the Client. 12.5. 12.5 The Execution Venue may at its discretion from time to time and without Client’s authorisation set off any amounts held on Client’s behalf against the Client’s obligation to the Execution Venue and/ or merge any Accounts of the Client with the Execution Venue. 12.6. 12.6 The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations (Free Margin) from his/ her Account without closing the said Account. 12.7. 12.7 Money transfer request (withdrawal from Trading Account) is processed within three Business Days after receiving from the Client transfer request instructions. Then the transferring amount reduces the balance of the Client's Trading Account when the transfer request process is concluded. The Execution Venue & the Company reserves the right to decline a withdrawal request if the request is not in accordance with Clause 12.10 below, or delay the processing of the request if not satisfied on full documentation of the Client. 12.8. 12.8 The Client agrees to pay any incurred bank transfer fees when withdrawing funds from the Client’s Account to his/ her designated bank account. The Client is fully responsible for payments the payment’s details, given to the Execution Venue and the Company and the Company accepts no responsibility for the Client’s funds, if the details given by the Client are wrong. It is also understood that the Execution Venue accepts no responsibility for any funds not deposited directly into the Execution Venue’s bank accounts. 12.9. 12.9 The Client agrees that any amounts sent by the Client or on the Client’s behalf in the bank account of the Execution Venue will be deposited to the Client’s Account at the value date of the payment received and net of any charges/ fees charged by the bank account providers or any other intermediary involved in such transaction process. The Company must be satisfied that the sender is the Client or an authorised authorized representative of the Client before making any amount available to the Client’s Account, otherwise the Company reserves the right to refund/ send back the net amount received to the remitter by the same method as received. 12.10. Xxxxxxxxxxx 12.10 Withdrawals should be made using the same method used by the Client to fund his/ her Account and to the same remitter. The Company reserves the right to decline a withdrawal with a specific payment method and suggest another payment method where the Client needs to proceed with a new withdrawal request, or request further documentation while processing the withdrawal request. If the Company is not satisfied with any documentation provided by the Client will reverse the withdrawal transaction and deposit the amount back to the Client’s Account. More details on the circumstances which the Execution Venue might cancel a withdrawal request can be found on in under “Withdrawal Conditions” which is accessible via the Company’s website. 12.11. 12.11 The Client agrees to waive any of his rights to receive any interest earned in the money held in the Bank Accounts and consents that the Execution Venue will benefit for such an interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts. Such expenses will not be passed over to the Clients what so ever. However, the Execution Venue may at its discretion pay interest at a rate and basis of calculation as it determines. 12.12. 12.12 The client acknowledges that card and payment processing will be processed by XtreamForexDelta FX or any third party which Delta FX chooses to work with. 12.13. Where the Client’s Account is classified as Closed/Terminated with a positive balance (i.e. there are funds available on Client’s Account), the Company will have the right to cease treating those funds as Client Money and make a deduction of the Account balance from Company's Client Account to Company's Own account. If the Client later makes a valid claim to the Company, the Company may pay the Client any amount owed to the Client by the Company.

Appears in 1 contract

Samples: Account Opening Agreement

Client Funds. 12.1. All amounts handed over by the Client to the Execution Venue, for the provision of Investment Services as in Clause 9 above, shall be held in an omnibus account named as Client Account together with money of other Clients, but not with company money, and/ or in the name of the Execution Venue on behalf of the Client in an account with an authorised credit institution or a bank or any electronic payment providers/processors which the Company shall specify from time to time (“the ‘Bank ³WKµH% DQN Account”) ´ and separately from any accounts used to hold funds belonging to the Execution Venue. The Company will not be liable for any failure or insolvency of any bank or third party; however, applicable investor compensation or deposit protection schemes may protect a proportion of Client Funds with any bank or third party. 12.2. Unless the Client notifies the Execution Venue in writing or otherwise, the Execution Venue may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold all control Client Funds where the Execution Venue transfers the Client Funds Funds (a) For for the purposes of a transaction for the Client through or with that person; or or (b) To to meet Clients obligations to provide collateral for a transaction (e.g. an initial margin requirement for a derivative transaction). 12.3. The Client authorises the Execution Venue to make any deposits and withdrawals from the Client’s Account Client¶VAc count on his/ her behalf including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Terms and all amounts which are payable by or on behalf of the Client to the Execution Venue or any other person. 12.4. Unless the Parties otherwise agree, in writing, any amount payable by the Execution Venue to the Client, shall be paid directly to the Client. 12.5. The Execution Venue may at its discretion from time to time and without Client’s Client¶V authorisation set off any amounts held on Client’s behalf Client¶Vbehalf against the Client’s obligation Client¶Vobligation to the Execution Venue and/ or merge any Accounts of the Client with the Execution Venue. 12.6. The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations (Free Margin) from his/ her Account without closing the said Account. 12.7. Money transfer request (withdrawal from Trading Account) is processed within three Business Days after receiving from the Client transfer request instructions. Then the transferring amount reduces the balance of the Client's Trading Account when the transfer request process is concluded. The Execution Venue & the Company reserves the right to decline a withdrawal request if the request is not in accordance with Clause 12.10 below, or delay the processing of the request if not satisfied on full documentation of the Client. 12.8. The Client agrees to pay any incurred bank transfer fees when withdrawing funds from the Client’s Account Client¶VAc count to his/ her designated bank account. The Client is fully responsible for payments details, given to the Execution Venue and the Company and the Company accepts no responsibility for the Client’s fundsClient¶fVunds, if the details given by the Client are wrong. It is also understood that the Execution Venue accepts no responsibility for any funds not deposited directly into the Execution Venue’s bank Venue¶Vbank accounts. 12.9. The Client agrees that any amounts sent by the Client or on the Client’s behalf Client¶Vbehalf in the bank account of the Execution Venue will be deposited to the Client’s Account Client¶VAccount at the value date of the payment received and net of any charges/ fees charged by the bank account providers or any other intermediary involved in such transaction process. The Company must be satisfied that the sender is the Client or an authorised representative of the Client before making any amount available to the Client’s AccountClient¶VAccount, otherwise the Company reserves the right to refund/ send back the net amount received to the remitter by the same method as received. 12.10. Xxxxxxxxxxx Withdrawals should be made using the same method used by the Client to fund his/ her Account and to the same remitter. The Company reserves the right to decline a withdrawal with specific payment method and suggest another payment method where the Client needs to proceed with a new withdrawal request, or request further documentation while processing the withdrawal request. If the Company is not satisfied with any documentation provided by the Client will reverse the withdrawal transaction and deposit the amount back to the Client’s AccountClient¶VAccount. More details on the circumstances which the Execution Venue might cancel a withdrawal request can be found on “Withdrawal Conditions” which is accessible via the Company’s website³:LWKGUDZDO´w h&ichRisQaGccLesWsiLbleRvQiaVthe Company¶Vwebsite. 12.11. The Client agrees to waive any of his rights to receive any interest earned in the money held in the Bank Accounts and consents that the Execution Venue will benefit for such an interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts. Such expenses will not be passed over to the Clients what so ever. However, the Execution Venue may at its discretion pay interest at a rate and basis of calculation as it determines. 12.12. The client acknowledges that card and payment processing will be processed by XtreamForex. 12.13. Where Xxxxx Trade Fintech Services Ltd, which is wholly owned by Xxxxx Trade Holdings Ltd (the Client’s Account is classified as Closed/Terminated with a positive balance (i.e. there are funds available on Client’s Account), the holdings Company will have the right to cease treating those funds as Client Money and make a deduction of the Account balance from Company's Client Account to Company's Own account. If the Client later makes a valid claim to the Company, the Company may pay the Client any amount owed to the Client by the CompanyXxxxx Trade Group).

Appears in 1 contract

Samples: Account Opening Agreement

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