Common use of Client Money Handling Rules Clause in Contracts

Client Money Handling Rules. 14.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of Dominica) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.5. The financial institution where Client money will be held may be within or outside of Commonwealth of Dominica. It is understood that the legal apply to any such financial institution outside Commonwealth of Dominica will be different from that of Commonwealth of Dominica. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of Dominica. 14.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.7. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.9. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 of this Client Agreement.

Appears in 9 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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Client Money Handling Rules. 14.116.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ client accounts’) with reliable financial institutions (within of Commonwealth of Dominica) chosen by the Company such as a central bank, a credit institution or a bank authorized in a third countrycountry or a qualifying money market fund. It is understood that the Company may keep merchant accounts in its name Client has the right to object to his money being held with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client a qualifying money but only to effect settlements of payment transactionsmarket fund. 14.216.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s rightrights. 14.316.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) a. shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’own; such records shall be accurate and correspond to the Client money; (b) b. shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) c. shall at all times keep Client money segregated from the Company’s own money; (d) d. shall not use Client money in the course of its own business; (e) e. shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement16.1) are held in an account(s) identified separately from any accounts used to hold funds of the Company;; and (f) Shall f. shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.416.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 16.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.516.5. The financial institution (of paragraph 16.1) where Client money will be held may be within or outside the Republic of Commonwealth of DominicaCyprus. It is understood that the The legal apply and regulatory regime applying to any such financial institution person outside Commonwealth the Republic of Dominica Cyprus will be different from that of Commonwealth the Republic of Dominica. Hence, Cyprus and in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth the Republic of DominicaCyprus. 14.616.6. The financial institution to which the Company will pass Client money (as per paragraph 16.1) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client. 16.7. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, it is clarified that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 16.8. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.716.9. The Company shall not pay to is a member of the Investors Compensation Fund (ICF). So, depending on his categorization, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations. More details are found in the Company’s document titled “Investors Compensation Fund”, found on the Website which contains the criteria subject to which compensation may be paid by the ICF. 16.10. It is not our policy to pay interest on monies held by us, and you agree to waive any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right entitlement to interest. 14.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.916.11. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) 15 Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 34.2. of this the Client Agreement.

Appears in 4 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

Client Money Handling Rules. 14.112.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of Dominicaor outside Cyprus or the EEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.212.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution institutions (of paragraph 16.1 12.1 of this Client Agreement Agreement) and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, diversification, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect the Client’s rights. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client. 12.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; c) shall at all times keep Client money segregated from the Company’s own money; d) shall not use Client money in the course of its own business; e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 12.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; f) shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client' money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 12.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 12.2. of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.512.5. The financial institution (of paragraph 12.1. of this Client Agreement) where Client money will be held may be within or outside of Commonwealth of DominicaCyprus or the EEA. It is understood that the legal apply and regulatory regime applying to any such financial institution outside Commonwealth of Dominica Cyprus or the EEA will be different from that of Commonwealth of DominicaCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account segregated account in Commonwealth of DominicaCyprus. 14.612.6. It is understood The financial institution to which the Company will pass Client money (as per paragraph 12.1. of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client. 12.7. The Company may hold Client money and the money of other clients in the same account (omnibus account). 14.712.8. The Company shall not pay account to the Client any for profits or interest earned on Client money (other than profit gained through trading Transactions from in his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.812.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.912.10. The Company is a member of the Investors Compensation Fund (“ICF”). So, depending on his categorisation, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations. More details are found in the Company’s document “Investors Compensation Fund”, that can be found on the Website. 12.11. It is agreed that the Company shall have the right to transfer the Client Money money to successors or assignees or transferees or buyers, with 3 ten (three10) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 27.2. of this Client the Agreement.

Appears in 3 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

Client Money Handling Rules. 14.116.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clientsclient’ accounts) with reliable financial institutions (within of Commonwealth of Dominica) chosen by the Company such as a central bank, a credit institution or a bank authorised in a third countrycountry or a qualifying money market fund. It is understood that the Company may keep merchant accounts in its name Client has the right to object to his money being held with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client a qualifying money but only to effect settlements of payment transactionsmarket fund. 14.216.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, diversification, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s rightrights. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client. 14.316.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’own; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement16.1) are held in an account(s) identified separately from any accounts used to hold funds of the Company;; and (f) Shall shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.416.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 16.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.516.5. The financial institution (of paragraph 16.1) where Client money will be held may be within or outside the Republic of Commonwealth of DominicaCyprus. It is understood that the The legal apply and regulatory regime applying to any such financial institution person outside Commonwealth the Republic of Dominica Cyprus will be different from that of Commonwealth the Republic of Dominica. Hence, Cyprus and in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth the Republic of DominicaCyprus. 14.616.6. The financial institution to which the Company will pass Client money (as per paragraph 16.1) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client. 16.7. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, it is clarified that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 16.8. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.716.9. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his categorisation, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations. More details are found in the Company’s document titled “Investors Compensation Fund”, found on the Company’s website which contains the criteria subject to which compensation may be paid by the ICF. 16.10. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.816.11. The Company may deposit Client money in overnight deposits and will be allowed to keep any interestinterest for its benefit. 14.916.12. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) 15 Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 34.2. of this the Client Agreement.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Client Money Handling Rules. 14.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of DominicaEngland) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) ; Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.5. The financial institution where Client money will be held may be within or outside of Commonwealth of DominicaEngland. It is understood that the legal apply to any such financial institution outside Commonwealth of Dominica England will be different from that of Commonwealth of DominicaEngland. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of DominicaEngland. 14.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.7. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.9. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 of this Client Agreement.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Client Money Handling Rules. 14.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of DominicaJapan) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.5. The financial institution where Client money will be held may be within or outside of Commonwealth of DominicaJapan. It is understood that the legal apply to any such financial institution outside Commonwealth of Dominica Japan will be different from that of Commonwealth of DominicaJapan. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of DominicaJapan. 14.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.7. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.9. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 of this Client Agreement.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Client Money Handling Rules. 14.116.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of DominicaCyprus or the EEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.216.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.316.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; Clients’; such records shall be accurate and correspond to the Client money;money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;held; (c) shall at all times keep Client money segregated from the Company’s own money;money; (d) shall not use Client money in the course of its own business;business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;Company; (f) Shall shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.416.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 16.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.516.5. The financial institution (of paragraph 16.1 of this Client Agreement) where Client money will be held may be within or outside of Commonwealth of DominicaCyprus or the EEA. It is understood that the legal apply and regulatory regime applying to any such financial institution outside Commonwealth of Dominica Cyprus or the EEA will be different from that of Commonwealth of DominicaCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of DominicaCyprus. 14.616.6. The financial institution to which the Company will pass Client money (as per paragraph 16.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client. 16.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.716.8. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations. More details are found in the Company’s document “Investor Compensation Fund Notice”, found on the Company’s Website. 16.9. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.816.10. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.916.11. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) 15 Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 35 of this Client Agreement.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Client Money Handling Rules. 14.117.1. The Company will promptly place any Client money it receives Companywillpromptlyplacerelevantamountsof Clientmoneyheldonthe Trading Account (“Segregated Funds”) into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of Dominica) institutions, such as as, a credit institution institution, bank, intermediate broker, settlement agent or a bank OTC counterparty located within South Africa and/or the EEA or in a third countrycountry in accordance with Applicable Regulations of the law. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.217.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.317.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) Shall shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.417.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.517.5. Unless the Client has notified the Company in writing to the contrary. The financial institution (of paragraph 15.1 of this Client Agreement) where Client money will be held may be within outside South Africa or outside of Commonwealth of Dominicathe EEA. It is understood that the legal apply and regulatory regime applying to any such financial institution outside Commonwealth of Dominica South Africa or the EEA will be different from that of Commonwealth of DominicaSouth Africa. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of DominicaSouth Africa. 14.617.6. The financial institution to which the Company will pass Client money (as per paragraph 15.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client. 17.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.717.8. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.817.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.917.10. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 32.2 of this Client Agreement. 17.11. It is agree that when opening a position, we have the right to transfer ownership of the amount equivalent to the Margin Requirement from your Account to us, which we will keep as a security in the event of a repayment obligation by you. Any Required Xxxxxx transferred shall be considered as our debt due to you and not as Client Money, therefore it will be returned to you on completion of your trade(s), subject to any repayment obligation by you. Irrespective of the above, note that the Balance, Equity, and free Margin of your Account(s) shall remain unaffected and you should be able to normally continue with your activity with us.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Client Money Handling Rules. 14.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of DominicaFinland) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) ; Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.5. The financial institution where Client money will be held may be within or outside of Commonwealth of DominicaFinland. It is understood that the legal apply to any such financial institution outside Commonwealth of Dominica Finland will be different from that of Commonwealth of DominicaFinland. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of DominicaFinland. 14.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.7. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.9. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 of this Client Agreement.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of DominicaLuxembourg) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) ; Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.5. The financial institution where Client money will be held may be within or outside of Commonwealth of DominicaLuxembourg. It is understood that the legal apply to any such financial institution outside Commonwealth of Dominica Luxembourg will be different from that of Commonwealth of DominicaLuxembourg. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of DominicaLuxembourg. 14.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.7. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.9. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 of this Client Agreement.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of DominicaEngland) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) ; Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.5. The financial institution where Client money will be held may be within or outside of Commonwealth of DominicaEngland. It is understood that the legal apply to any such financial institution outside Commonwealth of Dominica England will be different from that of Commonwealth of DominicaEngland. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in heldin a Segregated Account in Commonwealth of DominicaEngland. 14.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.7. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.9. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 of this Client Agreement.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of DominicaHong Kong) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) ; Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.5. The financial institution where Client money will be held may be within or outside of Commonwealth of DominicaHong Kong. It is understood that the legal apply to any such financial institution outside Commonwealth of Dominica Hong Kong will be different from that of Commonwealth of DominicaHong Kong. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of DominicaHong Kong. 14.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.7. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.9. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 of this Client Agreement.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.116.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ client accounts’) with reliable financial institutions (within of Commonwealth of Dominica) chosen by the Company such as a central bank, a credit institution or a bank authorised in a third countrycountry or a qualifying money market fund. It is understood that the Company may keep merchant accounts in its name Client has the right to object to his money being held with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client a qualifying money but only to effect settlements of payment transactionsmarket fund. 14.216.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s rightrights. 14.316.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) a. shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’own; such records shall be accurate and correspond to the Client money; (b) b. shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) c. shall at all times keep Client money segregated from the Company’s own money; (d) d. shall not use Client money in the course of its own business; (e) e. shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement16.1) are held in an account(s) identified separately from any accounts used to hold funds of the Company;; and (f) Shall f. shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.416.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 16.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.516.5. The financial institution (of paragraph 16.1) where Client money will be held may be within or outside the Republic of Commonwealth of DominicaCyprus. It is understood that the The legal apply and regulatory regime applying to any such financial institution person outside Commonwealth the Republic of Dominica Cyprus will be different from that of Commonwealth the Republic of Dominica. Hence, Cyprus and in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth the Republic of DominicaCyprus. 14.616.6. The financial institution to which the Company will pass Client money (as per paragraph 16.1) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client. 16.7. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, it is clarified that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 16.8. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.716.9. The Company shall not pay to is a member of the Investors Compensation Fund (ICF). So, depending on his categorisation, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations. More details are found in the Company’s document titled “Investors Compensation Fund”, found on the Website which contains the criteria subject to which compensation may be paid by the ICF. 16.10. It is not our policy to pay interest on monies held by us, and you agree to waive any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right entitlement to interest. 14.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.916.11. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) 15 Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 34.2. of this the Client Agreement.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.1. 14.1 The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of Dominica) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.2. 14.2 According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.3. 14.3 According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.5. The financial institution where Client money will be held may be within or outside of Commonwealth of Dominica. It is understood that the legal apply to any such financial institution outside Commonwealth of Dominica will be different from that of Commonwealth of Dominica. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of Dominica. 14.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.7. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.9. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 of this Client Agreement.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.117.1. The Company will promptly place any Client money it receives into one or more segregated segre- gated account(s) (denoted as ‘clientsclient’ accounts) with reliable financial institutions (within of Commonwealth of Dominica) chosen by the Company such as a central bank, a credit institution or a bank authorised in a third countrycountry or a qualifying money market fund. It is understood that the Company may keep merchant accounts in its name Client has the right to object to his money being held with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client a qualifying money but only to effect settlements of payment transactionsmarket fund. 14.217.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, diversification, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s rightrights. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client. 14.317.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) a. shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’own; such records shall be accurate and correspond to the Client money; (b) b. shall maintain records and accounts in a way that ensures their accuracy, and in particular their correspondence to the financial instruments and funds held for its clients and that they may c. be used as an audit trail; d. shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) e. shall at all times keep Client money segregated from the Company’s own money; (d) f. shall not use Client money in the course of its own business; (e) g. shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement16.1) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) Shall h. shall introduce adequate organizational arrangements to minimize minimise the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence; and i. Xxxxx appoint a single officer of sufficient skill and authority with specific responsibility for the safeguarding of client financial instruments and funds. 14.417.4. The Company has a duty to and shall exercise due skill, care and diligence in the selection selec- tion of the financial institution according to paragraph 15.2 16.2 of this Client Agreement. The Company takes into account the capital of the bank, the amount of client funds placed as a proportion of the bank’s capital and deposits, the credit rating of the bank, the lev- el of risk in the investment and loan activities undertaken by the bank and its affiliated companies, expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or mar- ket practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company Compa- ny and hence hence, the Company does not accept any liability or responsibility for any resulting result- ing losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.517.5. The financial institution (of paragraph 16.1) where Client money will be held may be within or outside the Republic of Commonwealth of DominicaCyprus. It is understood that the The legal apply and regulatory regime applying to any such financial institution person outside Commonwealth the Republic of Dominica Cyprus will be different from that of Commonwealth the Republic of Dominica. Hence, Cyprus and in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth the Republic of DominicaCyprus. 14.617.6. The financial institution to which the Company will pass Client money (as per paragraph 16.1) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insuf- ficient to satisfy the claims of the Client. 17.7. It is understood that the Company may hold keep merchant accounts in its name with payment services providers used to settle payment transactions of its clients. However, it is clari- fied that such merchant accounts are not used for safekeeping of Client money and the money but only to effect settlements of other clients in the same account (omnibus account)payment transactions. 14.717.8. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right rights to interest. 14.817.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interestinterest for its benefit. 14.917.10. It is agreed that the Company shall have the right to transfer the Client Money to successors suc- cessors or assignees or transferees or buyers, with 3 (three) 15 Business Days prior Written Notice No- xxxx to the Client for the purposes of paragraph 34.2 34.2. of this the Client Agreement. 17.11. By accepting these Terms and Conditions, you hereby agree that your funds will be treated in accordance with the title transfer collateral arrangement, unless advised other- wise by you. 17.12. In accordance with the above the Client will be required to read and sign a separated Agreement with the Company namely, Collateral Arrangements with Clients who have been categorized as Professional Clients and Eligible Counterparties. The consequences of entering into a TTCA with the Company are described in the above-mentioned Agreement. 17.13. The Client has the right to cancel the TTCA by giving a written advanced Notice of 14 days to the Company. The Notice can be provided by electronic or other means. 17.14. The Company shall not grant security interests, liens or rights of set-off over client mon- ey enabling a third party to dispose of the Client’s money in order to recover debts that do not relate to the Client or provision of services to the Client, unless this is required by applicable law in a third country jurisdiction in which the client money may be held. If the Company will enter into such an agreement, it will amend this Client Agreement accordingly to reflect this. 17.15. The Company provides to the Client access to an online system on which the Client can obtain information in relation to the Client money that the Company holds on behalf of the Client, as provided by Applicable Regulations.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.116.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of DominicaCyprus or the EEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.216.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.316.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; Clients’; such records shall be accurate and correspond to the Client money;money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;held; (c) shall at all times keep Client money segregated from the Company’s own money;money; (d) shall not use Client money in the course of its own business;business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;Company; (f) Shall shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.416.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 16.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.516.5. The financial institution (of paragraph 16.1 of this Client Agreement) where Client money will be held may be within or outside of Commonwealth of DominicaCyprus or the EEA. It is understood that the legal apply and regulatory regime applying to any such financial institution outside Commonwealth of Dominica Cyprus or the EEA will be different from that of Commonwealth of DominicaCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of DominicaCyprus. 14.616.6. The financial institution to which the Company will pass Client money (as per paragraph 16.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client. 16.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.716.8. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations. More details are found in the Company’s document “Investors Compensation fund”, found on the Company’s Website. 16.9. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.816.10. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.916.11. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) 15 Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 of this Client Agreement.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.116.1. The Company will promptly place any Client money it receives into one or more segregated segre- gated account(s) (denoted as ‘clientsclient’ accounts) with reliable financial institutions (within of Commonwealth of Dominica) chosen by the Company such as a central bank, a credit institution or a bank authorised in a third countrycountry or a qualifying money market fund. It is understood that the Company may keep merchant accounts in its name Client has the right to object to his money being held with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client a qualifying money but only to effect settlements of payment transactionsmarket fund. 14.216.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, diversification, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s rightrights. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client. 14.316.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) a. shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’own; such records shall be accurate and correspond to the Client money; (b) b. shall maintain records and accounts in a way that ensures their accuracy, and in particular their correspondence to the financial instruments and funds held for its clients and that they may c. be used as an audit trail; d. shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) e. shall at all times keep Client money segregated from the Company’s own money; (d) f. shall not use Client money in the course of its own business; (e) g. shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement16.1) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) Shall h. shall introduce adequate organizational arrangements to minimize minimise the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence; and i. Xxxxx appoint a single officer of sufficient skill and authority with specific responsibility for the safeguarding of client financial instruments and funds. 14.416.4. The Company has a duty to and shall exercise due skill, care and diligence in the selection selec- tion of the financial institution according to paragraph 15.2 16.2 of this Client Agreement. The Company takes into account the capital of the bank, the amount of client funds placed as a proportion of the bank’s capital and deposits, the credit rating of the bank, the lev- el of risk in the investment and loan activities undertaken by the bank and its affiliated companies, expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or mar- ket practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company Compa- ny and hence hence, the Company does not accept any liability or responsibility for any resulting result- ing losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.516.5. The financial institution (of paragraph 16.1) where Client money will be held may be within or outside the Republic of Commonwealth of DominicaCyprus. It is understood that the The legal apply and regulatory regime applying to any such financial institution person outside Commonwealth the Republic of Dominica Cyprus will be different from that of Commonwealth the Republic of Dominica. Hence, Cyprus and in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth the Republic of DominicaCyprus. 14.616.6. The financial institution to which the Company will pass Client money (as per paragraph 16.1) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insuf- ficient to satisfy the claims of the Client. 16.7. It is understood that the Company may hold keep merchant accounts in its name with payment services providers used to settle payment transactions of its clients. However, it is clari- fied that such merchant accounts are not used for safekeeping of Client money and the money but only to effect settlements of other clients in the same account (omnibus account)payment transactions. 14.716.8. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right rights to interest. 14.816.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interestinterest for its benefit. 14.916.10. It is agreed that the Company shall have the right to transfer the Client Money to successors suc- cessors or assignees or transferees or buyers, with 3 (three) 15 Business Days prior Written Notice No- xxxx to the Client for the purposes of paragraph 34.2 34.2. of this the Client Agreement. 16.11. By accepting these Terms and Conditions, you hereby agree that your funds will be treated in accordance with the title transfer collateral arrangement, unless advised other- wise by you. 16.12. In accordance with the above the Client will be required to read and sign a separated Agreement with the Company namely, Collateral Arrangements with Clients who have been categorized as Professional Clients and Eligible Counterparties. The consequences of entering into a TTCA with the Company are described in the above-mentioned Agreement. 16.13. The Client has the right to cancel the TTCA by giving a written advanced Notice of 14 days to the Company. The Notice can be provided by electronic or other means. 16.14. The Company shall not grant security interests, liens or rights of set-off over client mon- ey enabling a third party to dispose of the Client’s money in order to recover debts that do not relate to the Client or provision of services to the Client, unless this is required by applicable law in a third country jurisdiction in which the client money may be held. If the Company will enter into such an agreement, it will amend this Client Agreement accordingly to reflect this. 16.15. The Company provides to the Client access to an online system on which the Client can obtain information in relation to the Client money that the Company holds on behalf of the Client, as provided by Applicable Regulations.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.112.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of Dominicaor outside Cyprus or the EEA) such as a credit institution or a bank in a third countryinstitution. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.212.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution institutions (of paragraph 16.1 12.1 of this Client Agreement Agreement) and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, diversification, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect the Client’s rights. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client. 12.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; c) shall at all times keep Client money segregated from the Company’s own money; d) shall not use Client money in the course of its own business; e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 12.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; f) shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client' money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 12.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 12.2. of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.512.5. The financial institution (of paragraph 12.1. of this Client Agreement) where Client money will be held may be within or outside of Commonwealth of DominicaCyprus or the EEA. It is understood that the legal apply and regulatory regime applying to any such financial institution outside Commonwealth of Dominica Cyprus or the EEA will be different from that of Commonwealth of DominicaCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account segregated account in Commonwealth of DominicaCyprus. 14.612.6. It is understood The financial institution to which the Company will pass Client money (as per paragraph 12.1. of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client. 12.7. The Company may hold Client money and the money of other clients in the same account (omnibus account). 14.712.8. The Company shall not pay account to the Client any for profits or interest earned on Client money (other than profit gained through trading Transactions from in his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.812.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.912.10. The Company is a member of the Investors Compensation Fund (“ICF”). So, depending on his categorisation, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations. More details are found in the Company’s document “Investors Compensation fund”, that can be found on the Website. 12.11. It is agreed that the Company shall have the right to transfer the Client Money money to successors or assignees or transferees or buyers, with 3 ten (three10) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 27.2. of this Client the Agreement.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.112.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of Dominicaor outside Cyprus or the EEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.212.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution institutions (of paragraph 16.1 12.1 of this Client Agreement Account Agreement) and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, diversification, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect the Client’s rightrights. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client. 14.312.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 12.1 of this Client Account Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement; adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.5. The financial institution where Client money will be held may be within or outside of Commonwealth of Dominica. It is understood that the legal apply to any such financial institution outside Commonwealth of Dominica will be different from that of Commonwealth of Dominica. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of Dominica. 14.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.7. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.9. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 of this Client Agreement.

Appears in 1 contract

Samples: Client Account Agreement

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Client Money Handling Rules. 14.117.1. The Company will promptly place any Client money it receives Companywillpromptlyplacerelevantamountsof Clientmoniesheldonthe Trading Account (“Segregated Funds”) into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (reputable banks located within Malaysia or outside Malaysia following the Guidelines on Money Broking Business as issued by LFSA pursuant to Section 4A of Commonwealth of Dominica) such as a credit institution or a bank in a third countrythe Labuan Financial Services Authority Act 1996. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.217.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 17.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.317.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 76.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) Shall shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.417.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 17.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.517.5. Unless the Client has notified the Company in writing to the contrary. The financial institution (of paragraph 17.1 of this Client Agreement) where Client money will be held may be within or outside of Commonwealth of DominicaLabuan, Malaysia. It is understood that the legal apply and regulatory regime applying to any such financial institution outside Commonwealth of Dominica Labuan, Malaysia will be different from that of Commonwealth of Dominicathose in Labuan, Malaysia. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of DominicaLabuan, Malaysia. 14.617.6. The financial institution to which the Company will pass Client money (as per paragraph 17.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client. 17.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.717.8. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.817.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.917.10. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 32.2 of this Client Agreement. 17.11. It is agreed that when opening a position, we have the right to transfer ownership of the amount equivalent to the Margin Requirement from your Account to us, which we will keep as a security in the event of a repayment obligation by you. Any Required Xxxxxx transferred shall be considered as our debt due to you and not as Client Money, therefore it will be returned to you on completion of your trade(s), subject to any repayment obligation by you. Irrespective of the above, note that the Balance, Equity, and free Margin of your Account(s) shall remain unaffected and you should be able to normally continue with your activity with us.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clientsclient’ accounts) with reliable financial institutions (within of Commonwealth of Dominica) chosen by the Company such as a central bank, a credit institution or a bank authorised in a third countrycountry or a qualifying money market fund. It is understood that the Company may keep merchant accounts in its name Client has the right to object to his money being held with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client a qualifying money but only to effect settlements of payment transactionsmarket fund. 14.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement 15.1 and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, diversification, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right.money 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) 1. shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’own; such records shall be accurate and correspond to the Client money; (b) 2. shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) 3. shall at all times keep Client money segregated from the Company’s own money; (d) 4. shall not use Client money in the course of its own business; (e) 5. shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement15.1) are held in an account(s) identified separately from any accounts used to hold funds of the Company;; and (f) Shall 6. shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.5. The financial institution (of paragraph 15.1) where Client money will be held may be within or outside the Republic of Commonwealth of DominicaCyprus. It is understood that the The legal apply and regulatory regime applying to any such financial institution person outside Commonwealth the Republic of Dominica Cyprus will be different from that of Commonwealth the Republic of Dominica. Hence, Cyprus and in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth the Republic of DominicaCyprus. 14.6. The financial institution to which the Company will pass Client money (as per paragraph 15.1) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client. 14.7. It is understood that the Company may hold keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, it is clarified that such merchant 14.8. The Company is a member of the Investors Compensation Fund (ICF). Hence, depending on his categorisation, the Client money and may be entitled to compensation from the money of other clients ICF in the same account (omnibus account)event that the Company is unable to meet its obligations. More details are found in the Company’s document titled “Investors Compensation Fund”, found on the Company’s website which contains the criteria subject to which compensation may be paid by the ICF. 14.714.9. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.814.10. The Company may deposit Client money in overnight deposits and will be allowed to keep any interestinterest for its benefit. 14.914.11. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) 15 Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 38.2. of this the Client Agreement. 14.12. The Company shall not conclude title transfer financial collateral arrangements with any Client who is a retail client for the purpose of securing or covering present or future, actual or contingent or prospective obligations of such Client. 14.13. The Company shall not grant security interests, liens or rights of set-off over client money enabling a third party to dispose of the Client's money in order to recover debts that do not relate to the Client or provision of services to the Client, unless this is required by applicable law in a third country jurisdiction in which the client money may be held. If the Company will enter into such an agreement, it will amend this Client Agreement accordingly to reflect this. 14.14. The Company shall send at least on a quarterly basis to the Client a statement in a Durable Medium of the Client money that it holds on behalf of the Client, unless it has already provided such information in any other periodic statement. If the Client requests such a statement more frequently, it will be provided with this at a reasonable cost.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clientsclient’ accounts) with reliable financial institutions (within of Commonwealth of Dominica) chosen by the Company such as a central bank, a credit institution or a bank authorised in a third countrycountry or a qualifying money market fund. It is understood that the Company may keep merchant accounts in its name Client has the right to object to his money being held with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client a qualifying money but only to effect settlements of payment transactionsmarket fund. 14.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement 15.1 and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, diversification, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right.money 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) 1. shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’own; such records shall be accurate and correspond to the Client money; (b) 2. shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) 3. shall at all times keep Client money segregated from the Company’s own money; (d) 4. shall not use Client money in the course of its own business; (e) 5. shall take the necessary steps to ensure that Client money deposited with a financial institution (according According to paragraph 16.1 of this Client Agreement15.1) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) 6. Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.5. The financial institution (of paragraph 15.1) where Client money will be held may be within or outside the Republic of Commonwealth of DominicaCyprus. It is understood that the The legal apply and regulatory regime applying to any such financial institution person outside Commonwealth the Republic of Dominica Cyprus will be different from that of Commonwealth the Republic of Dominica. Hence, Cyprus and in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth the Republic of DominicaCyprus. 14.6. The financial institution to which the Company will pass Client money (as per paragraph 15.1) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client. 14.7. It is understood that the Company may hold keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, it is clarified that such merchant accounts are not used for safekeeping of Client money and but only to effect settlements of payment transactions. 4.8. The Company is a member of the money of other clients Investors Compensation Fund (ICF). Hence, depending on his Categorization, the Client may be entitled to compensation from the ICF in the same account (omnibus account)event that the Company is unable to meet its obligations. More details are found in the Company’s document titled “Investors Compensation Fund”, found on the Company’s website which contains the criteria subject to which compensation may be paid by the ICF. 14.714.9. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.814.10. The Company may deposit Client money in overnight deposits and will be allowed to keep any interestinterest for its benefit. 14.914.11. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) 15 Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 38.2. of this the Client Agreement. 14.12. The Company shall not conclude title transfer financial collateral arrangements with any Client who is a retail client for the purpose of securing or covering present or future, actual or contingent or prospective obligations of such Client. 14.13. The Company shall not grant security interests, liens or rights of set-off over client money enabling a third party to dispose of the Client's money in order to recover debts that do not relate to the Client or provision of services to the Client, unless this is required by applicable law in a third country jurisdiction in which the client money may be held. If the Company will enter into such an agreement, it will amend this Client Agreement accordingly to reflect this. 14.14. The Company shall send at least on a quarterly basis to the Client a statement in a Durable Medium of the Client money that it holds on behalf of the Client, unless it has already provided such information in any other periodic statement. If the Client requests such a statement more frequently, it will be provided with this at a reasonable cost.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clientsclient’ accounts) with reliable financial institutions (within of Commonwealth of Dominica) chosen by the Company such as a central bank, a credit institution or a bank authorised in a third countrycountry or a qualifying money market fund. It is understood that the Company may keep merchant accounts in its name Client has the right to object to his money being held with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client a qualifying money but only to effect settlements of payment transactionsmarket fund. 14.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement 15.1 and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, diversification, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right.money 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) 1. shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’own; such records shall be accurate and correspond to the Client money; (b) 2. shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) 3. shall at all times keep Client money segregated from the Company’s own money; (d) 4. shall not use Client money in the course of its own business; (e) 5. shall take the necessary steps to ensure that Client money deposited with a financial institution (according According to paragraph 16.1 of this Client Agreement15.1) are held in an account(s) identified separately from any accounts used to hold funds of the Company;; and (f) 6. Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.5. The financial institution (of paragraph 15.1) where Client money will be held may be within or outside the Republic of Commonwealth of DominicaCyprus. It is understood that the The legal apply and regulatory regime applying to any such financial institution person outside Commonwealth the Republic of Dominica Cyprus will be different from that of Commonwealth the Republic of Dominica. Hence, Cyprus and in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth the Republic of DominicaCyprus. 14.6. The financial institution to which the Company will pass Client money (as per paragraph 15.1) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client. 14.7. It is understood that the Company may hold keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, it is clarified that such merchant 4.8. The Company is a member of the Investors Compensation Fund (ICF). Hence, depending on his Categorization, the Client money and may be entitled to compensation from the money of other clients ICF in the same account (omnibus account)event that the Company is unable to meet its obligations. More details are found in the Company’s document titled “Investors Compensation Fund”, found on the Company’s website which contains the criteria subject to which compensation may be paid by the ICF. 14.714.9. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.814.10. The Company may deposit Client money in overnight deposits and will be allowed to keep any interestinterest for its benefit. 14.914.11. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) 15 Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 38.2. of this the Client Agreement. 14.12. The Company shall not conclude title transfer financial collateral arrangements with any Client who is a retail client for the purpose of securing or covering present or future, actual or contingent or prospective obligations of such Client. 14.13. The Company shall not grant security interests, liens or rights of set-off over client money enabling a third party to dispose of the Client's money in order to recover debts that do not relate to the Client or provision of services to the Client, unless this is required by applicable law in a third country jurisdiction in which the client money may be held. If the Company will enter into such an agreement, it will amend this Client Agreement accordingly to reflect this. 14.14. The Company shall send at least on a quarterly basis to the Client a statement in a Durable Medium of the Client money that it holds on behalf of the Client, unless it has already provided such information in any other periodic statement. If the Client requests such a statement more frequently, it will be provided with this at a reasonable cost.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.116.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clientsclient’ accounts) with reliable financial institutions (within of Commonwealth of Dominica) chosen by the Company such as a central bank, a credit institution or a bank authorised in a third countrycountry or a qualifying money market fund. It is understood that the Company may keep merchant accounts in its name Client has the right to object to his money being held with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client a qualifying money but only to effect settlements of payment transactionsmarket fund. 14.216.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, diversification, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s rights. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client. 16.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own; such records shall be accurate and correspond to the Client money; shall maintain records and accounts in a way that ensures their accuracy, and in particular their correspondence to the financial instruments and funds held for its clients and that they may be used as an audit trail; shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; shall at all times keep Client money segregated from the Company’s own money; shall not use Client money in the course of its own business; shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1) are held in an account(s) identified separately from any accounts used to hold funds of the Company; shall introduce adequate organizational arrangements to minimise the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence; and Shall appoint a single officer of sufficient skill and authority with specific responsibility for the safeguarding of client financial instruments and funds. 16.4. The Company has a duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 16.2 of this Client Agreement. The Company takes into account the capital of the bank, the amount of client funds placed as a proportion of the bank’s capital and deposits, the credit rating of the bank, the level of risk in the investment and loan activities undertaken by the bank and its affiliated companies, expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence hence, the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.516.5. The financial institution (of paragraph 16.1) where Client money will be held may be within or outside the Republic of Commonwealth of DominicaCyprus. It is understood that the The legal apply and regulatory regime applying to any such financial institution person outside Commonwealth the Republic of Dominica Cyprus will be different from that of Commonwealth the Republic of Dominica. Hence, Cyprus and in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth the Republic of DominicaCyprus. 14.616.6. The financial institution to which the Company will pass Client money (as per paragraph 16.1) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client. 16.7. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, it is clarified that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 16.8. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.716.9. The Company is a member of the Investors Compensation Fund (ICF). However, certain categories of Professional Clients and an Eligible Counterparty will not be entitled to compensation from the ICF, in the event that the Company is unable to meet its obligations. For more information, please refer to the Company’s ICF Policy/document. 16.10. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right rights to interest. 14.816.11. The Company may deposit Client money in overnight deposits and will be allowed to keep any interestinterest for its benefit. 14.916.12. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) 15 Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 34.2. of this the Client Agreement. 16.13. The Company may conclude title transfer financial collateral arrangements (“TTCA”) with any Professional Client or Eligible Counterparty for the purpose of securing or covering present or future, actual or contingent or prospective obligations of such Client. When entering into a TTCA with the Client, the Company shall properly consider, and shall be able to demonstrate that it has done so, the use of TTCA in the context of the relationship between the Client's obligation to the Company and the client assets subjected to the TTCA by the Company. In addition, the Client will be required to read and sign a Title Transfer Collateral Agreement with the Company. The consequences of entering into a TTCA with the Company are indicated in the TTCA as well as in paragraph 16.16. below. 16.14. The Company shall not grant security interests, liens or rights of set-off over client money enabling a third party to dispose of the Client's money in order to recover debts that do not relate to the Client or provision of services to the Client, unless this is required by applicable law in a third country jurisdiction in which the client money may be held. If the Company will enter into such an agreement, it will amend this Client Agreement accordingly to reflect this. 16.15. The Company provides to the Client access to an online system on which the Client can obtain information in relation to the Client money that the Company holds on behalf of the Client, as provided by Applicable Regulations.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of DominicaSt. Xxxxxxx and the Grenadines) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) ; Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.5. The financial institution where Client money will be held may be within or outside of Commonwealth of DominicaSt. Xxxxxxx and the Grenadines. It is understood that the legal apply to any such financial institution outside Commonwealth of Dominica St. Xxxxxxx and the Grenadines will be different from that of Commonwealth of DominicaSt. Xxxxxxx and the Grenadines. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of DominicaSt. Xxxxxxx and the Grenadines. 14.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.7. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.9. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 of this Client Agreement.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of DominicawithinEngland) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect ClientaffectClient’s right. 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records andrecords and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) ; Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client whereClient money will be held. 14.5. The financial institution where Client money will be held may be within or outside of Commonwealth of DominicaEngland. It is understood that the legal apply to any such financial institution outside Commonwealth of Dominica England will be different from that of Commonwealth of DominicaEngland. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in xxxxxxx a Segregated Account in Commonwealth of DominicaEngland. 14.6. It is understood that the Company may hold Client money and the money of other clients otherclients in the same account (omnibus account). 14.7. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.8. The Company may deposit Client money in overnight deposits and will be allowed to allowedto keep any interest. 14.9. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 of this Client Agreement.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.116.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of DominicaCyprus or the EEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.216.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.316.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) Shall shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.416.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 16.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.516.5. The financial institution (of paragraph 16.1 of this Client Agreement) where Client money will be held may be within or outside of Commonwealth of DominicaCyprus or the EEA. It is understood that the legal apply and regulatory regime applying to any such financial institution outside Commonwealth of Dominica Cyprus or the EEA will be different from that of Commonwealth of DominicaCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of DominicaCyprus. 14.616.6. The financial institution to which the Company will pass Client money (as per paragraph 16.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client. 16.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.716.8. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations. More details are found in the Company’s document “Investors Compensation fund”, found on the Company’s Website. 16.9. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.816.10. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.916.11. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) 15 Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 of this Client Agreement.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of DominicaHong Kong) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.5. The financial institution where Client money will be held may be within or outside of Commonwealth of DominicaHong Kong. It is understood that the legal apply to any such financial institution outside Commonwealth of Dominica Hong Kong will be different from that of Commonwealth of DominicaHong Kong. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of DominicaHong Kong. 14.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.7. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.9. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 of this Client Agreement.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.117.1. The Company will promptly place any relevant amounts of Client money it receives monies held on the Trading Account (“Segregated Funds”) into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (reputable banks located within Malaysia or outside Malaysia following the Guidelines on Money Broking Business as issued by LFSA pursuant to Section 4A of Commonwealth of Dominica) such as a credit institution or a bank in a third countrythe Labuan Financial Services Authority Act 1996. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.217.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 17.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.317.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 76.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) Shall shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.417.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 17.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.517.5. Unless the Client has notified the Company in writing to the contrary. The financial institution (of paragraph 17.1 of this Client Agreement) where Client money will be held may be within or outside of Commonwealth of DominicaLabuan, Malaysia. It is understood that the legal apply and regulatory regime applying to any such financial institution outside Commonwealth of Dominica Labuan, Malaysia will be different from that of Commonwealth of Dominicathose in Labuan, Malaysia. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of DominicaLabuan, Malaysia. 14.617.6. The financial institution to which the Company will pass Client money (as per paragraph 17.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client. 17.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.717.8. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.817.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.917.10. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 32.2 of this Client Agreement. 17.11. It is agreed that when opening a position, we have the right to transfer ownership of the amount equivalent to the Margin Requirement from your Account to us, which we will keep as a security in the event of a repayment obligation by you. Any Required Xxxxxx transferred shall be considered as our debt due to you and not as Client Money, therefore it will be returned to you on completion of your trade(s), subject to any repayment obligation by you. Irrespective of the above, note that the Balance, Equity, and free Margin of your Account(s) shall remain unaffected and you should be able to normally continue with your activity with us.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.112.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of Dominicaor outside Cyprus or the EEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.212.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution institutions (of paragraph 16.1 12.1 of this Client Agreement Agreement) and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, diversification, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect the Client’s rights. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client. 12.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; c) shall at all times keep Client money segregated from the Company’s own money; d) shall not use Client money in the course of its own business; shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 12.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; e) shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client' money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 12.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 12.2. of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.512.5. The financial institution (of paragraph 12.1. of this Client Agreement) where Client money will be held may be within or outside of Commonwealth of DominicaCyprus or the EEA. It is understood that the legal apply and regulatory regime applying to any such financial institution outside Commonwealth of Dominica Cyprus or the EEA will be different from that of Commonwealth of DominicaCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account segregated account in Commonwealth of DominicaCyprus. 14.612.6. It is understood The financial institution to which the Company will pass Client money (as per paragraph 12.1. of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client. 12.7. The Company may hold Client money and the money of other clients in the same account (omnibus account). 14.712.8. The Company shall not pay account to the Client any for profits or interest earned on Client money (other than profit gained through trading Transactions from in his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.812.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.912.10. The Company is a member of the Investors Compensation Fund (“ICF”). So, depending on his categorisation, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations. More details are found in the Company’s document “Investors Compensation Fund”, that can be found on the Website. 12.11. It is agreed that the Company shall have the right to transfer the Client Money money to successors or assignees or transferees or buyers, with 3 ten (three10) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 27.1. of this Client the Agreement.

Appears in 1 contract

Samples: Client Agreement

Client Money Handling Rules. 14.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within of Commonwealth of DominicaUnited Kingdom) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 14.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 16.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. 14.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 16.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) ; Shall introduce adequate organizational arrangements to minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 14.4. The Company has duty to and shall exercise due skill, care and diligence in the selection of the financial institution according to paragraph 15.2 of this Client Agreement. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 14.5. The financial institution where Client money will be held may be within or outside of Commonwealth of DominicaUnited Kingdom. It is understood that the legal apply to any such financial institution outside Commonwealth of Dominica United Kingdom will be different from that of Commonwealth of DominicaUnited Kingdom. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in Commonwealth of DominicaUnited Kingdom. 14.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 14.7. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 14.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 14.9. It is agreed that the Company shall have the right to transfer the Client Money to successors or assignees or transferees or buyers, with 3 (three) Business Days prior Written Notice to the Client for the purposes of paragraph 34.2 of this Client Agreement.

Appears in 1 contract

Samples: Client Agreement

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