Common use of Client Money Clause in Contracts

Client Money. 1. If you are classified not as a Market Counterparty client: a. We will treat all money received from you or held by us on your behalf in accordance with the FSC’s Client Money Provisions and as a consequence, such money will be held separately from money belonging to us and in the event of our insolvency, winding up or other Distribution Event (as defined in the FSC Rules), such money will be subject to the FSC’s Client Money Distribution Rules. b. We may hold client money in a client bank account located outside the Mauritius. We may also hold client money in a client bank account with another entity within our group. c. We may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold or control client money for the purposes of a transaction for you through or with that person; or to meet any of your obligations to provide collateral for a transaction. d. You authorise us to transfer client money to a third party to meet any obligations detailed in (b) including any unrealized losses for open positions held by you in your account with us and margin required to hold open positions. e. The legal, insolvency and regulatory regime and market practices applying to any such bank may be ditterent from that of the Mauritius and in the event of the insolvency or any other equivalent failure of that bank, your money may be treated ditterently from the treatment which would apply if the money was held with a bank in the Mauritius. We will not be liable for the solvency, acts or omissions of any bank or other third party holding money under these Terms. 2. If you are classified as a Market Counterparty and unless confirmed to you, and agreed by you in writing otherwise, we may not apply the same measures applicable to other Clients as outlined in 14 (1) with regard to your Money funded with us. In this case: a. the protections conferred by the Client Money Provisions for clients in other categories do not apply to your Client Money; b. as a consequence of (a), your Client Money may be mixed with money belonging to us, and may be used by us in the course of our business; c. in the event of our insolvency, winding up or other Distribution Event stipulated by the FSC: i. Your Client Money will be subject to and distributed in accordance with the FSC Client Money Distribution Rules; d. By agreeing to our General Terms and Conditions you acknowledge the disclosures made in 14(2) above. 3. In case your account is not dormant or inoperative as per these terms & conditions, we may pay interest on money which is held by you with us and not used for trading or in excess of the required margin to maintain your open positions (your free margin). Interest payable will be decided in consideration of relevant factors including but not limited to prevalent market interest rate scenarios. The standard rate of such interest payable or any change to it will be placed on our website. CFI may at its discretion may advise such rate to you separately. 4. You have the right to withdraw any of your funds which is not being used to meet an obligation, by providing an instruction to us. We only return funds to where they originated from. We reserve the right to reject a withdrawal request should we deem necessary. We will inform you of our reasons for cancellation where possible. 5. In the event that there has been no movement on your account balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) and we are unable to trace you despite having taken reasonable steps to do so, you agree that we may cease to treat your money as client money and further that ownership of such money will be irrevocably transferred from you to us. 6. Transferring funds between sub accounts in case of negative balance: The Client hereby acknowledges and agrees that the Company shall have the right without referring to the Client to transfer funds between the Client’s accounts in case any account shows a negative balance whether it is the main account or any sub-account the Client may hold with the Company.

Appears in 4 contracts

Samples: General Terms & Conditions, General Terms & Conditions, General Terms & Conditions

AutoNDA by SimpleDocs

Client Money. 1. If you are classified not as a Market Counterparty client: a. We will treat all money received from you or held by us on your behalf in accordance with the FSCVFSC’s Client Money Provisions and as a consequence, such money will be held separately from money belonging to us and in the event of our insolvency, winding up or other Distribution Event (as defined in the FSC VFSC Rules), such money will be subject to the FSCVFSC’s Client Money Distribution Rules. b. We may hold client money in a client bank account located outside the MauritiusVanuatu. We may also hold client money in a client bank account with another entity within our group. c. We may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold or control client money for the purposes of a transaction for you through or with that person; or to meet any of your obligations to provide collateral for a transaction. d. You authorise us to transfer client money to a third party to meet any obligations detailed in (b) including any unrealized losses for open positions held by you in your account with us and margin required to hold open positions. e. The legal, insolvency and regulatory regime and market practices applying to any such bank may be ditterent from that of the Mauritius Vanuatu and in the event of the insolvency or any other equivalent failure of that bank, your money may be treated ditterently from the treatment which would apply if the money was held with a bank in the MauritiusVanuatu. We will not be liable for the solvency, acts or omissions of any bank or other third party holding money under these Terms. 2. If you are classified as a Market Counterparty and unless confirmed to you, and agreed by you in writing otherwise, we may not apply the same measures applicable to other Clients as outlined in 14 (1) with regard to your Money funded with us. In this case: a. the protections conferred by the Client Money Provisions for clients in other categories do not apply to your Client Money; b. as a consequence of (a), your Client Money may be mixed with money belonging to us, and may be used by us in the course of our business; c. in the event of our insolvency, winding up or other Distribution Event stipulated by the FSC: VFSC: i. Your Client Money will be subject to and distributed in accordance with the FSC VFSC Client Money Distribution Rules; d. By agreeing to our General Terms and Conditions you acknowledge the disclosures made in 14(2) above. 3. In case your account It is not dormant or inoperative as per these terms & conditions, we may our policy to pay interest on money which is held by you with us and not used for trading or in excess of the required margin to maintain your open positions (your free margin). Interest payable will be decided in consideration of relevant factors including but not limited to prevalent market interest rate scenarios. The standard rate of such interest payable or any change to it will be placed on our website. CFI may at its discretion may advise such rate to you separatelyon any of your money that we hold and by entering into this Agreement you acknowledge that you therefore waive قوــسلا تاــسراممو نيدلا ءاــفو نــع زــجعلل يــميظنتلاو يــنوناقلا ماــظنلا فــلتخي نأ نــكمي .ـــه يأ وأ ساــفلإا ةــلاح يــفو ،وــتاوناف يــف اــهị لوــمعملا كــلت نــع فرــصم يأ ىــلع ةــقبطملا نع فــلتخم لكــشị مــكلاومأ عــم لــماعتلا مــتي دــق ،روــكذملا فرــصملا لــبق نــم هịاــشم فــلخت لــمحتن لا .وــتاوناف يــف فراــصملا دــحأ يــف ةزــجتحملا لاوــملأا ىــلع قــبطنت يــتلا ةــلماعملا ثــلاث فرــط وأ فرــصم يأ نــع ةــجتانلا تلااــفغلإا وأ تاءارــجلإا وأ ةــيلاملا ةءاــملا ةيلوؤــسم .طورشلاو دونبلا هذه تاجردنم بسحị مكلاومأị ظفتحي .ءامعلا لاومأ عيزوتل FSC نيناوق بسحị عزوتو مكị ةصاخلا ليمعلا لاومأ عضخت * تاــحاصفلإاị مــكرارقإ يــنعت اــنị ةــصاخلا ةــماعلا ماكــحلأاو طورــشلا ىــلع مــكتقفاوم نإ * ،ماكــحلأاو طورــشلا هذــهل اــقفو اً غــشم رــيغ وأ اكرــحتم رــيغ مكịاــسح نــكي مــل لاــح يــف .3 زواجتت وأ لوادتلل مدختــستُ لاو انعم اهị نوظفتحت يتلا لاوملأا ىلع ةدئاف عفدن نأ اننكمي ديدحت متي .)مــكị صاخلا رــحلا شــماهلا( ةــحوتفملا مــكزكارم ىــلع ظاــفحلل ịوــلطملا شــماهلا ىــلع كــلذ يــف اــمị ةــلصلا تاذ لــماوعلا راــبتعلاا نــيعị ذــخلأا عــم عــفدلا ةقحتــسملا ةدــئافلا لدــعملا ضرــع مــتي .قوــسلا يــف ةدئاــسلا ةدــئافلا راعــسأ تاهويرانيــس رــصحلا لا لاــثملا ليبــس .ينورتكللإا انعقوم ىلع اهيلع أرطي رييغت يأ وأ عفدلا ةقحتسملا ةدئافلا هذه لثمل يسايقلا .لــصفنم لكــشị رعــسلا اذــه نــع مــكغاịإị صاــخلا اــهريدقتل اــقفو موــقت نأ CFI ـــل نــكمي لاخ نم مازتلاị ءافولل اهمادختــسا متي لا يتلا مكلاومأ نم يأ بحــس يف قحلا نوكلمت .4 يذلا ردصملا ىــلإ طقف لاوملأا ةداــعإị اــنتهج نــم موــقن .صوــصخلا اذــهị مــكتاميلعتị اــنديوزت ịابــسأị مــكغلبن .اــيرورض كــلذ اــنيأر اذإ بحــسلا بــلط ضــفر يــف اــنقحị ظــفتحنو هــنم تردــص .كلذ اننكمأ ثيح ءاغللإا ضــغị( لــقلأا ىــلع تاونــس تــس ةدــمل مكịاــسح دــيصر ىــلع ةــكرح دوــجو مدــع لاــح يــف .5 اــنيلع رذــعتو )ةــلثامملا رــصانعلا وأ دــئاوفلا وأ موــسرلل تلااــصيإ وأ تاــعوفدم ةــيأ نــع رــظنلا هــنأ ىــلع نوــقفاوت ،كــلذị ماــيقلا لــجأ نــم ةــلوقعم تاوــطخ ذاــختا نــم مــغرلا ىــلع مــكعبتت هذــه ةــيكلم نأ ىــلعو لــيمع لاوــمأ اــهنأ ىــلع مــكلاومأ عــم لــماعتلا نــع فــقوتن نأ اــننكمي .هنع عوجر لا لكشị انيلإ مكنم لقتنت لاوملأا قفاويو ليمعلا رــقي :ةيبلــسلا ةدصرلأا تلااــح يــف ةــيعرفلا تاịاــسحلا نــيị لاوــملأا لــيوحت .6 لــيمعلا تاịاــسح نــيị لاوــملأا لــيوحتị هــيلإ عوــجرلا نود نــمو قــحلا ةكرــشلل نأ ىــلع هــبجومị يــعرف ịاــسح يأ وأ يــسيئرلا ịاــسحلا ناكأ ءاوــس ايبلــس ادــيصر ịاــسح يأ رــهظأ لاــح يــف .ةكرشلا عم ليمعلا هكلمي وأ تاــمازتللاا ةــفاك صوــصخị بــلطلا دــنع اــنضيوعت نوــنمؤتو اــنع ضــيوعتلاị نوــموقت .1 ةرشابم ريغ وأ ةرشابم ةجيتنك اهدبكتن دق تناك ةعيبط وأ عون يأ نم فيلاكتلا وأ رئاسخلا ةيأ صوصخị ،ةرضاحلا ةيقافتلاا بــجومị مــكتامازتلا نــم يأ ءادأ يــف مــكبناج نــم فــلخت يلأ اميــس لاو ثــلاث قــيرف يأ ىــلإ وأ اــنل مــت ịذاك وأ طوــلغم حــيرصت وأ تاــمولعم ةــيأ وأ ةــيلمع ةــيرادلإاو ةــينوناقلا اــنفيلاكت اً ــضيأ لمــشي ضــيوعتلا اذــه نأــị نورــقت .يــلام قوــس يأ ىــلإ رادصإ وأ مكدض يئاصقتــسا وأ ينوناق ءارجإ يأ ذاــختاị قــلعتي اــم يــف ةدــبكتملا فــيراصملاو .اــنحلاصل مــكلبق نــم ةقحتــسملا لاوــملأا دادرتــسلا نوــيد لــيصحت ةــلاكو ةــيلأ تاــميلعت تامازتللاا وأ/و رئاــسخلا ةفاك نــع اــنتيامحو اــنضيوعتị نوــناقلا هزــيجي اــم بــسحịو نوــموقت .2 فــيلاكتلا وأ/و رارــضلأا وأ/و تاــبلاطملا وأ/و تاءارــجلإا وأ/و ىواــعدلا وأ/و ماكــحلأا وأ/و ىلإ جولولا قح ىلع لصحي صخــش يأ لبق نم لافغإ وأ لعف يأ نع ةئــشانلا وأ نع ةجتانلا اذــه هــل مــتزجأ ءاوــس مــكل نــيصصخملا رورــملا ةــملك وأ/و ịاــسحلا مــقر مادختــساị مكịاــسح any entitlement to interest under the Client Money Rules or otherwise. 4. You have the right to withdraw any of your funds which is not being used to meet an obligation, by providing an instruction to us. We only return funds to where they originated from. We reserve the right to reject a withdrawal request should we deem necessary. We will inform you of our reasons for cancellation where possible. 5. In the event that there has been no movement on your account balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) and we are unable to trace you despite having taken reasonable steps to do so, you agree that we may cease to treat your money as client money and further that ownership of such money will be irrevocably transferred from you to us. 6. Transferring funds between sub accounts in case of negative balance: The Client hereby acknowledges and agrees that the Company shall have the right without referring to the Client to transfer funds between the Client’s accounts in case any account shows a negative balance whether it is the main account or any sub-account the Client may hold with the Company.

Appears in 2 contracts

Samples: General Terms & Conditions, General Terms & Conditions

Client Money. 133.1 Any money received by us in respect of your account with us shall be treated as Client Money except where you separately agree with us to transfer full ownership of money to us for, amongst other things, the purpose of securing or otherwise covering present or future, actual or contingent or prospective obligations, such as Margin posted with relevant liquidity providers at an equivalent value, in which circumstances such money will not be regarded as Client Money. 33.2 In relation to Client Money unless you notify us in writing or otherwise we will promptly pay any Client Money received to our Client Money bank accounts. If Our Client Money accounts will be identified and designated separately from any accounts used to hold other money belonging to us. Interest will not be paid on the money held in Client Money bank accounts and by entering into these Terms you are classified not as a Market Counterparty client:acknowledge that you waive any entitlement to interest on such money under the CMA Rules or otherwise. a. 33.3 We will treat exercise all money received from you or held by us on your behalf due skill, care and diligence, in accordance with the FSC’s CMA Rules, when selecting which third party bank to use. We will periodically (at least annually) review the adequacy and appropriateness of any bank where your money is or may be deposited and of the arrangements for holding your money, in accordance with the CMA Rules. We will not be responsible for any acts, omissions or default (including the insolvency, administration, bankruptcy or similar event) of the third-party bank or for any resulting shortfall or loss in the return of your money. 33.4 The Client Money Provisions and as a consequence, such money account will be held separately from money belonging to us a pooled account and in holds the event of our insolvency, winding up or other Distribution Event (as defined in the FSC Rules), such money will be subject to the FSC’s Client Money Distribution Rulesrelating to a number of clients. Claimants to money held in pooled accounts have a claim to a rateable proportion of the money held in that pool. b. We 33.5 Unless you notify us in writing or otherwise, we may hold client money in a client bank account located outside the Mauritius. We may also hold client money in a client bank account with pass on Client Money or allow another entity within our group. c. We may allow a third partyperson, such as an exchange, a clearing house or an intermediate broker broker, to hold or control client money Client Money where we transfer the Client Money (a) for the purposes of a transaction for you through or with that person; or (b) to meet any of your obligations to provide collateral for a transaction (e.g. an initial Margin requirement for a derivative transaction). d. You authorise us 33.6 We may transfer any money we hold for you as Client Money (after deduction of any amounts permitted by the terms of these Terms) to transfer client money to a third party to meet any obligations detailed in another legal entity (b) including any unrealized losses for open positions held by you in your account with us of our Group Companies) where we transfer all or part of our business to that entity and margin required to hold open positions. e. The legal, insolvency and regulatory regime and market practices applying to any such bank may be ditterent from that of the Mauritius and in the event of the insolvency or any other equivalent failure of that bank, your money may be treated ditterently from the treatment which would apply if the money was held with a bank in the Mauritius. We will not be liable for the solvency, acts or omissions of any bank or other third party holding money under these Terms. 2. If you are classified as a Market Counterparty and unless confirmed to you, and agreed by you in writing otherwise, we may not apply the same measures applicable to other Clients as outlined in 14 (1) with regard to your Money funded with us. In this case: a. the protections conferred by the Client Money Provisions for clients in other categories do not apply to your Client Money; b. as a consequence of (a), your Client Money may be mixed with money belonging relates to us, and may be used by us in the course of our business; c. in the event of our insolvency, winding up or other Distribution Event stipulated by the FSC: i. Your business transferred. Where we transfer your Client Money to another legal entity under this clause 33.6 we shall ensure that such Client Money will be subject to and distributed held by that entity for you in accordance with the FSC CMA Client Money Distribution Rules; d. By agreeing to our General Terms and Conditions you acknowledge the disclosures made in 14(2) above. 3. In case 33.7 You consent to us releasing any Client Money balances, for or on your account is not dormant or inoperative behalf, from Client Money bank accounts and for us to treat as per these terms & conditions, Client Money any unclaimed Client Money balance where: 33.7.1 we may pay interest on money which is held by you with us and not used for trading or in excess of the required margin to maintain your open positions (your free margin). Interest payable will be decided in consideration of relevant factors including but not limited to prevalent market interest rate scenarios. The standard rate of such interest payable or any change to it will be placed on our website. CFI may at its discretion may advise such rate to you separately. 4. You have the right to withdraw any of your funds which is not being used to meet an obligation, by providing an instruction to us. We only return funds to where they originated from. We reserve the right to reject a withdrawal request should we deem necessary. We will inform you of our reasons for cancellation where possible. 5. In the event determined that there has been no movement on your account balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) ); and 33.7.2 we have written to you at your last known address and on a regular basis informing you of our intention of no longer treating that balance as Client Money, giving you 28 days to make a claim, provided we are unable to trace you despite having taken reasonable steps to do so, you agree that we may cease to treat your money as client money shall make and further that ownership retain records of such money will be irrevocably transferred all balances released from you to us. 6. Transferring funds between sub our Client Money bank accounts in case respect of negative balance: The your Client hereby acknowledges Money and agrees that the Company shall have the right without referring undertake to the Client to transfer funds between the Client’s accounts in case make good any account shows a negative balance whether it is the main account or valid claims against any sub-account the Client may hold with the Companyreleased balances.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Client Money. 1. If you are classified not as a Market Counterparty client: a. We will treat all money received from you or held by us on your behalf in accordance with the FSCFSA’s Client Money Provisions and as a consequence, such money will be held separately from money belonging to us and in the event of our insolvency, winding up or other Distribution Event (as defined in the FSC FSA Rules), such money will be subject to the FSCFSA’s Client Money Distribution Rules. b. We may hold client money in a client bank account located outside the MauritiusSeychelles. We may also hold client money in a client bank account with another entity within our group. c. We may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold or control client money for the purposes of a transaction for you through or with that person; or to meet any of your obligations to provide collateral for a transaction. d. You authorise us to transfer client money to a third party to meet any obligations detailed in (b) including any unrealized losses for open positions held by you in your account with us and margin required to hold open positions. e. The legal, insolvency and regulatory regime and market practices applying to any such bank may be ditterent from that of the Mauritius Seychelles and in the event of the insolvency or any other equivalent failure of that bank, your money may be treated ditterently from the treatment which would apply if the money was held with a bank in the MauritiusSeychelles. We will not be liable for the solvency, acts or omissions of any bank or other third party holding money under these Terms. 2. If you are classified as a Market Counterparty and unless confirmed to you, and agreed by you in writing otherwise, we may not apply the same measures applicable to other Clients as outlined in 14 (1) with regard to your Money funded with us. In this case: a. the protections conferred by the Client Money Provisions for clients in other categories do not apply to your Client Money; b. as a consequence of (a), your Client Money may be mixed with money belonging to us, and may be used by us in the course of our business; c. in the event of our insolvency, winding up or other Distribution Event stipulated by the FSCFSA: i. Your Client Money will be subject to and distributed in accordance with the FSC FSA Client Money Distribution Rules; d. By agreeing to our General Terms and Conditions you acknowledge the disclosures made in 14(2) above. 3. In case your account It is not dormant or inoperative as per these terms & conditions, we may our policy to pay interest on money which is held by you with us and not used for trading or in excess of the required margin to maintain your open positions (your free margin). Interest payable will be decided in consideration of relevant factors including but not limited to prevalent market interest rate scenarios. The standard rate of such interest payable or any change to it will be placed on our website. CFI may at its discretion may advise such rate to you separatelyon any of your money that we hold and by entering into this Agreement you acknowledge that you therefore waive any entitlement to interest under the Client Money Rules or otherwise. 4. You have the right to withdraw any of your funds which is not being used to meet an obligation, by providing an instruction to us. We only return funds to where they originated from. We reserve the right to reject a withdrawal request should we deem necessary. We will inform you of our reasons for cancellation where possible. 5. In the event that there has been no movement on your account balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) and we are unable to trace you despite having taken reasonable steps to do so, you agree that we may cease to treat your money as client money and further that ownership of such money will be irrevocably transferred from you to us. 6. Transferring funds between sub accounts in case of negative balance: The Client hereby acknowledges and agrees that the Company shall have the right without referring to the Client to transfer funds between the Client’s accounts in case any account shows a negative balance whether it is the main account or any sub-account the Client may hold with the Company.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Client Money. 1. If you are classified not as a Market Counterparty client: a. We will treat all money received from you or held by us on your behalf in accordance with the FSC’s Client Money Provisions and as a consequence, such money will be held separately from money belonging to us and in the event of our insolvency, winding up or other Distribution Event (as defined in the FSC Rules), such money will be subject to the FSC’s Client Money Distribution Rules. b. We may hold client money in a client bank account located outside the Mauritius. We may also hold client money in a client bank account with another entity within our group. c. We may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold or control client money for the purposes of a transaction for you through or with that person; or to meet any of your obligations to provide collateral for a transaction. d. You authorise us to transfer client money to a third party to meet any obligations detailed in (b) including any unrealized losses for open positions held by you in your account with us and margin required to hold open positions. e. The legal, insolvency and regulatory regime and market practices applying to any such bank may be ditterent different from that of the Mauritius and in the event of the insolvency or any other equivalent failure of that bank, your money may be treated ditterently differently from the treatment which would apply if the money was held with a bank in the Mauritius. We will not be liable for the solvency, acts or omissions of any bank or other third party holding money under these Terms. 2. If you are classified as a Market Counterparty and unless confirmed to you, and agreed by you in writing otherwise, we may not apply the same measures applicable to other Clients as outlined in 14 (1) with regard to your Money funded with us. In this case: a. the protections conferred by the Client Money Provisions for clients in other categories do not apply to your Client Money; b. as a consequence of (a), your Client Money may be mixed with money belonging to us, and may be used by us in the course of our business; c. in the event of our insolvency, winding up or other Distribution Event stipulated by the FSC: i. Your Client Money will be subject to and distributed in accordance with the FSC Client Money Distribution Rules; d. By agreeing to our General Terms and Conditions you acknowledge the disclosures made in 14(2) above. 3. In case your account is not dormant or inoperative as per these terms & conditions, we may pay interest on money which is held by you with us and not used for trading or in excess of the required margin to maintain your open positions (your free margin). Interest payable will be decided in consideration of relevant factors including but not limited to prevalent market interest rate scenarios. The standard rate of such interest payable or any change to it will be placed on our website. CFI may at its discretion may advise such rate to you separately. 4. You have the right to withdraw any of your funds which is not being used to meet an obligation, by providing an instruction to us. We only return funds to where they originated from. We reserve the right to reject a withdrawal request should we deem necessary. We will inform you of our reasons for cancellation where possible. 5. In the event that there has been no movement on your account balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) and we are unable to trace you despite having taken reasonable steps to do so, you agree that we may cease to treat your money as client money and further that ownership of such money will be irrevocably transferred from you to us. 6. Transferring funds between sub accounts in case of negative balance: The Client hereby acknowledges and agrees that the Company shall have the right without referring to the Client to transfer funds between the Client’s accounts in case any account shows a negative balance whether it is the main account or any sub-account the Client may hold with the Company.

Appears in 2 contracts

Samples: General Terms & Conditions, General Terms & Conditions

Client Money. 1. If you are classified not as a Market Counterparty client: a. We will treat all money received from you or held by us on your behalf in accordance with the FSCVFSC’s Client Money Provisions and as a consequence, such money will be held separately from money belonging to us and in the event of our insolvency, winding up or other Distribution Event (as defined in the FSC VFSC Rules), such money will be subject to the FSCVFSC’s Client Money Distribution Rules. b. We may hold client money in a client bank account located outside the MauritiusVanuatu. We may also hold client money in a client bank account with another entity within our group. c. We may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold or control client money for the purposes of a transaction for you through or with that person; or to meet any of your obligations to provide collateral for a transaction. d. You authorise us to transfer client money to a third party to meet any obligations detailed in (b) including any unrealized losses for open positions held by you in your account with us and margin required to hold open positions. e. The legal, insolvency and regulatory regime and market practices applying to any such bank may be ditterent different from that of the Mauritius Vanuatu and in the event of the insolvency or any other equivalent failure of that bank, your money may be treated ditterently differently from the treatment which would apply if the money was held with a bank in the MauritiusVanuatu. We will not be liable for the solvency, acts or omissions of any bank or other third party holding money under these Terms. 2. If you are classified as a Market Counterparty and unless confirmed to you, and agreed by you in writing otherwise, we may not apply the same measures applicable to other Clients as outlined in 14 (1) with regard to your Money funded with us. In this case: a. the protections conferred by the Client Money Provisions for clients in other categories do not apply to your Client Money; b. as a consequence of (a), your Client Money may be mixed with money belonging to us, and may be used by us in the course of our business; c. in the event of our insolvency, winding up or other Distribution Event stipulated by the FSC: VFSC: i. Your Client Money will be subject to and distributed in accordance with the FSC VFSC Client Money Distribution Rules; d. By agreeing 3. It is not our policy to our General Terms pay interest to you on any of your money that we hold and Conditions by entering into this Agreement you acknowledge that you therefore waive any entitlement to interest under the disclosures made in 14(2) above. 3. In case your account is not dormant Client Money Rules or inoperative as per these terms & conditions, we may pay interest on money which is held by you with us and not used for trading or in excess of the required margin to maintain your open positions (your free margin). Interest payable will be decided in consideration of relevant factors including but not limited to prevalent market interest rate scenarios. The standard rate of such interest payable or any change to it will be placed on our website. CFI may at its discretion may advise such rate to you separatelyotherwise. 4. You have the right to withdraw any of your funds which is not being used to meet an obligation, by providing an instruction to us. We only return funds to where they originated from. We reserve the right to reject a withdrawal request should we deem necessary. We will inform you of our reasons for cancellation where possible. 5. In the event that there has been no movement on your account balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) and we are unable to trace you despite having taken reasonable steps to do so, you agree that we may cease to treat your money as client money and further that ownership of such money will be irrevocably transferred from you to us. 6. Transferring funds between sub accounts in case of negative balance: The Client hereby acknowledges and agrees that the Company shall have the right without referring to the Client to transfer funds between the Client’s accounts in case any account shows a negative balance whether it is the main account or any sub-account the Client may hold with the Company.

Appears in 1 contract

Samples: General Terms & Conditions

AutoNDA by SimpleDocs

Client Money. 1. If you are classified not as a Market Counterparty client: a. We will treat all money received from you or held by us on your behalf in accordance with the FSCFSA’s Client Money Provisions and as a consequence, such money will be held separately from money belonging to us and in the event of our insolvency, winding up or other Distribution Event (as defined in the FSC FSA Rules), such money will be subject to the FSCFSA’s Client Money Distribution Rules. b. We may hold client money in a client bank account located outside the MauritiusSeychelles. We may also hold client money in a client bank account with another entity within our group. c. We may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold or control client money for the purposes of a transaction for you through or with that person; or to meet any of your obligations to provide collateral for a transaction. d. You authorise us to transfer client money to a third party to meet any obligations detailed in (b) including any unrealized losses for open positions held by you in your account with us and margin required to hold open positions. e. The legal, insolvency and regulatory regime and market practices applying to any such bank may be ditterent from that of the Mauritius Seychelles and in the event of the insolvency or any other equivalent failure of that bank, your money may be treated ditterently from the treatment which would apply if the money was held with a bank in the MauritiusSeychelles. We will not be liable for the solvency, acts or omissions of any bank or other third party holding money under these Terms. 2. If you are classified as a Market Counterparty and unless confirmed to you, and agreed by you in writing otherwise, we may not apply the same measures applicable to other Clients as outlined in 14 (1) with regard to your Money funded with us. In this case: a. the protections conferred by the Client Money Provisions for clients in other categories do not apply to your Client Money; b. as a consequence of (a), your Client Money may be mixed with money belonging to us, and may be used by us in the course of our business; c. in the event of our insolvency, winding up or other Distribution Event stipulated by the FSCFSA: i. Your Client Money will be subject to and distributed in accordance with the FSC FSA Client Money Distribution Rules; d. By agreeing to our General Terms and Conditions you acknowledge the disclosures made in 14(2) above. 3. In case your account It is not dormant or inoperative as per these terms & conditions, we may our policy to pay interest on money which is held by you with us and not used for trading or in excess of the required margin to maintain your open positions (your free margin). Interest payable will be decided in consideration of relevant factors including but not limited to prevalent market interest rate scenarios. The standard rate of such interest payable or any change to it will be placed on our website. CFI may at its discretion may advise such rate to you separatelyon any of your money that we hold and by entering into this Agreement you acknowledge that you therefore waive any entitlement to interest under the Client Money Rules or otherwise. 4. You have the right to withdraw any of your funds which is not being used to meet an obligation, by providing an instruction to us. We only return funds to where they originated from. We reserve the right to reject a withdrawal request should we deem necessary. We will inform you of our reasons for cancellation where possible. 5. In the event that there has been no movement on your account balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) and we are unable to trace you despite having taken reasonable steps to do so, you agree that we may cease to treat your money as client money and further that ownership of such money will be irrevocably transferred from you to us. 6. Transferring funds between sub accounts in case of negative balance: The Client hereby acknowledges and agrees that the Company shall have the right without referring to the Client to transfer funds between the Client’s accounts in case any account shows a negative balance whether it is the main account or any sub-account the Client may hold with the Company.

Appears in 1 contract

Samples: Terms and Conditions

Client Money. 1. If you are classified not as a Market Counterparty client: a. We will treat all money received from you or held by us on your behalf in accordance with the FSCFSA’s Client Money Provisions and as a consequence, such money will be held separately from money belonging to us and in the event of our insolvency, winding up or other Distribution Event (as defined in the FSC FSA Rules), such money will be subject to the FSCFSA’s Client Money Distribution Rules. b. We may hold client money in a client bank account located outside the MauritiusSeychelles. We may also hold client money in a client bank account with another entity within our group. c. We may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold or control client money for the purposes of a transaction for you through or with that person; or to meet any of your obligations to provide collateral for a transaction. d. You authorise us to transfer client money to a third party to meet any obligations detailed in (b) including any unrealized losses for open positions held by you in your account with us and margin required to hold open positions. e. The legal, insolvency and regulatory regime and market practices applying to any such bank may be ditterent different from that of the Mauritius Seychelles and in the event of the insolvency or any other equivalent failure of that bank, your money may be treated ditterently differently from the treatment which would apply if the money was held with a bank in the MauritiusSeychelles. We will not be liable for the solvency, acts or omissions of any bank or other third party holding money under these Terms. 2. If you are classified as a Market Counterparty and unless confirmed to you, and agreed by you in writing otherwise, we may not apply the same measures applicable to other Clients as outlined in 14 (1) with regard to your Money funded with us. In this case: a. the protections conferred by the Client Money Provisions for clients in other categories do not apply to your Client Money; b. as a consequence of (a), your Client Money may be mixed with money belonging to us, and may be used by us in the course of our business; c. in the event of our insolvency, winding up or other Distribution Event stipulated by the FSCFSA: i. Your Client Money will be subject to and distributed in accordance with the FSC FSA Client Money Distribution Rules; d. By agreeing to our General Terms and Conditions you acknowledge the disclosures made in 14(2) above. 3. In case your account is not dormant or inoperative as per these terms & conditions, we may pay interest inte rest on money which is held by you with us and not used for trading or in excess of the required margin to maintain your open positions (your free margin). Interest payable will be decided in consideration of relevant factors including but not limited to prevalent market interest rate scenarios. The standard rate of such interest payable or any change to it will be placed on our website. CFI may at its discretion may advise such rate to you separately. 4. You have the right to withdraw any of your funds which is not being used to meet an obligation, by providing an instruction to us. We only return funds to where they originated from. We reserve the right to reject a withdrawal request should we deem necessary. We will inform you of our reasons for cancellation where possible. 5. In the event that there has been no movement on your account balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) and we are unable to trace you despite having taken reasonable steps to do so, you agree that we may cease to treat your money as client money and further that ownership of such money will be irrevocably transferred from you to us. 6. Transferring funds between sub accounts in case of negative balance: The Client hereby acknowledges and agrees that the Company shall have the right without referring to the Client to transfer funds between the Client’s accounts in case any account shows a negative balance whether it is the main account or any sub-account the Client may hold with the Company.

Appears in 1 contract

Samples: Terms and Conditions

Client Money. 1. If you are classified not as a Market Counterparty client: a. We will treat all money received from you or held by us on your behalf in accordance with the FSC’s Client Money Provisions and as a consequence, such money will be held separately from money belonging to us and in the event of our insolvency, winding up or other Distribution Event (as defined in the FSC Rules), such money will be subject to the FSC’s Client Money Distribution Rules. b. We may hold client money in a client bank account located outside the Mauritius. We may also hold client money in a client bank account with another entity within our group. c. We may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold or control client money for the purposes of a transaction for you through or with that person; or to meet any of your obligations to provide collateral for a transaction. d. You authorise us to transfer client money to a third party to meet any obligations detailed in (b) including any unrealized losses for open positions held by you in your account with us and margin required to hold open positions. e. The legal, insolvency and regulatory regime and market practices applying to any such bank may be ditterent different from that of the Mauritius and in the event of the insolvency or any other equivalent failure of that bank, your money may be treated ditterently differently from the treatment which would apply if the money was held with a bank in the Mauritius. We will not be liable for the solvency, acts or omissions of any bank or other third party holding money under these Terms. 2. If you are classified as a Market Counterparty and unless confirmed to you, and agreed by you in writing otherwise, we may not apply the same measures applicable to other Clients as outlined in 14 (1) with regard to your Money funded with us. In this case: a. the protections conferred by the Client Money Provisions for clients in other categories do not apply to your Client Money; b. as a consequence of (a), your Client Money may be mixed with money belonging to us, and may be used by us in the course of our business; c. in the event of our insolvency, winding up or other Distribution Event stipulated by the FSC: i. Your Client Money will be subject to and distributed in accordance with the FSC Client Money Distribution Rules; d. By agreeing to our General Terms and Conditions you acknowledge the disclosures made in 14(2) above. 3. In case your account It is not dormant or inoperative as per these terms & conditions, we may our policy to pay interest on money which is held by you with us and not used for trading or in excess of the required margin to maintain your open positions (your free margin). Interest payable will be decided in consideration of relevant factors including but not limited to prevalent market interest rate scenarios. The standard rate of such interest payable or any change to it will be placed on our website. CFI may at its discretion may advise such rate to you separatelyon any of your money that we hold and by entering into this Agreement you acknowledge that you therefore waive any entitlement to interest under the Client Money Rules or otherwise. 4. You have the right to withdraw any of your funds which is not being used to meet an obligation, by providing an instruction to us. We only return funds to where they originated from. We reserve the right to reject a withdrawal request should we deem necessary. We will inform you of our reasons for cancellation where possible. 5. In the event that there has been no movement on your account balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) and we are unable to trace you despite having taken reasonable steps to do so, you agree that we may cease to treat your money as client money and further that ownership of such money will be irrevocably transferred from you to us. 6. Transferring funds between sub accounts in case of negative balance: The Client hereby acknowledges and agrees that the Company shall have the right without referring to the Client to transfer funds between the Client’s accounts in case any account shows a negative balance whether it is the main account or any sub-account the Client may hold with the Company.

Appears in 1 contract

Samples: General Terms & Conditions

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!