Common use of Client Money Clause in Contracts

Client Money. 9.1 When your Application Form has been accepted, following processing of the Application and investment monies by the Receiving Agent, the Receiving Agent will deposit cash received from You in connection with the Foresight ITS , until invested, with an Approved Bank in a common call account, together with cash balances belonging to other investors and the Receiving Agent shall appoint a suitably authorised person to operate such account. This account will have trust status and will be kept separate from any money belonging to Us, the Receiving Agent or to the Depositary. The Receiving Agent is not subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not receive the protections afforded by the FCA’s client money rules. 9.2 Cash within Your Portfolio realised in relation to realisations and withdrawals will be held by the Cash Custodian with an Approved Bank in one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 9.3 No responsibility is accepted for any acts or omissions of the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed for a period of at least six years and provided that We have taken reasonable steps (or have procured that such reasonable steps have been taken) to trace You and return the balance.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

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Client Money. 9.1 When ‌ 31.1 Any money received by us in respect of your Application Form has been accepted, following processing of the Application account with us shall be treated as Client Money and investment monies by the Receiving Agent, the Receiving Agent be held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will deposit cash promptly pay any Client Money received from You in connection with the Foresight ITS , until invested, with an Approved Bank in a common call account, together with cash balances belonging to other investors and the Receiving Agent shall appoint a suitably authorised person to operate such accountour Client Money bank accounts. This account will have trust status and Our Client Money accounts will be kept separate identified and designated separately from any accounts used to hold other money belonging to Usus. Interest will not be paid on the money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such money. 31.3 We will exercise all due skill, care and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the Receiving Agent adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default (including the insolvency, administration, judicial management, bankruptcy or similar event) of the third party banks or brokers for any resulting shortfall or loss in the return of your money. 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating to a number of clients. Claimants to money held in pooled accounts have a claim to a ratable proportion of the money held in that pool. 31.5 We and/or our Group Companies uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the Depositarybusiness as working capital. The Receiving Agent is We and/or our Group Companies does not subject initiate speculative positions in the market. 31.6 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 another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not receive the protections afforded by the FCA’s client money rules. 9.2 Cash within Your Portfolio realised in relation business transferred. Where we transfer your Client Money to realisations and withdrawals another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you in accordance with this Agreement. 31.7 In the Cash Custodian event that the account you hold with an Approved Bank in one or more client accountsus is a joint account, together with cash balances belonging we do exercise all due care and diligence to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added ensure that all withdrawals are paid back to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status its source and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositaryparticular party that initiated the actual deposit. The Cash Custodian is subject In case of profit payments and/or withdrawals, We and/or our Group Companies may initiate payments to any party to the FCA’s client money rules and, therefore, any of Your monies held by joint account provided that it has received appropriate approval from the Cash Custodian will receive the protections afforded by the FCA’s client money rulesother party and it is satisfied pursuant to its due diligence verification and checks. 9.3 No responsibility 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.8.1 it is accepted for any acts or omissions of permitted by law and consistent with the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed your balance for a period of at least six years and provided that We (notwithstanding any payments or receipts of charges, interest or similar items); 31.8.3 we have taken reasonable steps (or have procured that such reasonable steps have been taken) to trace You you and to return the balancebalance to you; and 31.8.4 we make and retain records of all balances released from our Client Money bank accounts in respect of your Client Money. All unclaimed money will be paid to the Registrar of Unclaimed Moneys in accordance with the Unclaimed Moneys Xxx 0000 [Act 370].

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Client Money. 9.1 When a) Where the Custodian is holding your Application Form has been acceptedmoney, following processing this will be held in a Cash Account opened with one or more banks, in accordance with this Clause 43 and the FCA Rules. Such money shall typically be promptly transferred to your Cash Account opened and managed by the Custodian and administered in accordance with the terms and conditions agreed with the Custodian. b) Interest will be calculated daily at the rate of 0.75% per annum below the Custodian’s derived interest rate and any resulting amount payable will be credited to the Cash Account, generally on the last Business Day of each quarter. Any Cash including interest may be reinvested in deposits or funds of deposits. The balance of interest earned in the Cash Account will be paid by the Custodian to us. The derived interest rate is the amount of interest earned across the Client Money Accounts where the Custodian is holding money on your behalf. c) The Custodian will exercise all due skill, care and diligence, in accordance with the FCA Rules, when it is selecting which third party bank to use. The Custodian will periodically (at least annually) review the adequacy and appropriateness of any bank where your money is or may be deposited and of the Application arrangements for holding your money, in accordance with the FCA Rules. The Custodian 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. d) In the event of the Custodian’s failure (for example due to its bankruptcy or insolvency), any money held in the Cash Account by a third party bank will be segregated from the Custodian’s assets and investment monies will not be available to the Custodian’s creditors. However, in the event of failure of the third party bank and there is a shortfall, there may be a number of consequences for you which may include: i. UK bank accounts: where your money is placed in a UK account with a third party, because your money will be held in a pooled account which holds the client money relating to a number of clients, in the event that the third party bank holding the money defaults and there is a shortfall, you will share proportionately in that shortfall with other creditors of that bank; ii. Non-UK bank accounts: in addition to any shortfalls through the pooling of accounts as described above, where your money is required to be held in a bank located outside the UK, you should be aware that the legal and regulatory regimes (including any associated protections) that apply to the bank holding your money may be different to those of the UK. In the event of the bank’s failure, your rights and obligations may differ and your money could be less secure and treated differently from the position which would apply if the money were held in a customer bank account in the UK; iii. Other third parties: if and to the extent your money or investments have been passed by the Receiving Agent, the Receiving Agent will deposit cash received from You Custodian to any other third party in connection with a transaction (for example, to an exchange, clearing house, intermediate broker or settlement agent, either in the Foresight ITS , until invested, with an Approved Bank UK or in a common call accountjurisdiction outside the UK), together with cash balances belonging your money or investments may be at risk in the event of the default or insolvency of such third party. The organisation the Custodian passes your money to other investors may hold it in a general account and it may not always be possible to separate it from our money, or their money. If the Receiving Agent shall appoint a suitably authorised person to operate such account. This account will have trust status and will be kept separate from any money belonging to Usorganisation becomes insolvent, the Receiving Agent or to the Depositary. The Receiving Agent is not subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not receive the protections afforded by the FCA’s client money rules. 9.2 Cash within Your Portfolio realised in relation to realisations and withdrawals will be held by the Cash Custodian with an Approved Bank in one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive only have an unsecured claim against the protections afforded by organisation on your and our other customers’ behalf. You realise this means the FCA’s client other organisation may not pay the Custodian enough money rulesto cover the claim of you and all other customers. 9.3 No responsibility is accepted for any acts or omissions of the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed for a period of at least six years and provided that We have taken reasonable steps (or have procured that such reasonable steps have been taken) to trace You and return the balance.

Appears in 2 contracts

Samples: Discretionary Management Agreement, Discretionary Management Agreement

Client Money. 9.1 When your Application Form has been accepted, following processing of the Application and investment monies by the Receiving Agent, the Receiving Agent will deposit cash received from You in connection with the Foresight ITS , will be held by the Receiving Agent until invested, invested with an Approved Bank in a common call client account, together with cash balances belonging to application monies of other investors and the Receiving Agent shall appoint a suitably authorised person to operate such accountinvestors. This account will have trust status and will be kept separate from any money belonging to Us, the Receiving Agent or to the Depositary. The Receiving Agent is not subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent Interest will not receive the protections afforded by the FCA’s client money rulesaccrue on Your application monies. 9.2 Cash Following processing of Your Application Form and Your application being accepted, cash within Your Portfolio prior to investment or otherwise realised in relation to realisations and withdrawals will be held by the Cash Custodian with an Approved Bank in one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added to Your Portfolio. . 9.3 The client accounts referred to in this clause clauses 9.1 and 9.2 will have trust status and will be kept separate from any money belonging to Us, the Receiving Agent, the Cash Custodian or to the Depositary. The Receiving Agent and the Cash Custodian is are subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent and the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 9.3 9.4 No responsibility is accepted for any acts or omissions of the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim on behalf of Our clients. 9.4 9.5 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed for a period of at least six years and provided that We have taken reasonable steps (or have procured that such reasonable steps have been taken) to trace You and return the balance.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

Client Money. 9.1 When 31.1 Any money received by us in respect of your Application Form has been accepted, following processing of the Application account with us shall be treated as Client Money and investment monies by the Receiving Agent, the Receiving Agent held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will deposit cash promptly pay any Client Money received from You in connection with the Foresight ITS , until invested, with an Approved Bank in a common call account, together with cash balances belonging to other investors and the Receiving Agent shall appoint a suitably authorised person to operate such accountour Client Money bank accounts. This account will have trust status and Our Client Money accounts will be kept separate identified and designated separately from any accounts used to hold other money belonging to Usus. Interest will not be paid on the money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such money. 31.3 We will exercise all due skill, care and diligence when selecting which third party banks and brokers to use. We will periodically (at least annually) review the Receiving Agent adequacy and appropriateness of any banks and brokers where your money is or may be deposited and of 31.4 The Client Money accounts will be pooled accounts and holds the Client Money relating 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. 31.5 Forex River Ltd uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the Depositarybusiness as working capital. The Receiving Agent is Forex River Ltd does not subject initiate speculative positions in the market." 31.6 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 another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not receive the protections afforded by the FCA’s client money rules. 9.2 Cash within Your Portfolio realised in relation business transferred. Where we transfer your Client Money to realisations and withdrawals another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you in accordance with this Agreement. 31.7 In the Cash Custodian event that the account you hold with an Approved Bank in one or more client accountsus is a joint account, together with cash balances belonging we do exercise all due care and diligence to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added ensure that all withdrawals are paid back to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status its source and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to particular party that initiated the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rulesactual deposit. 9.3 No responsibility 31.8 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.8.1 it is accepted for any acts or omissions of permitted by law and consistent with the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim arrangements under which Client Money is held; 31.8.2 we have determined that there has been no movement on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed your balance for a period of at least six years and provided that We (notwithstanding any payments or receipts of charges, interest or similaritems); 31.8.3 we have taken reasonable steps (or have procured that such reasonable steps have been taken) to trace You you and to return the balancebalance to you; and 31.8.4 we make and retain records of all balances released from our Client Money bank accounts in respect of your Client Money. All unclaimed money will be paid to the Inland Revenue Department in accordance with the Unclaimed Money Xxx 0000. Rolling Daily Transactions and Undated Contracts for CFDs are available in a variety of Markets and Underlying Markets. Each Market and Underlying Market has its own conditions and spread which may vary at our discretion. Such contracts automatically roll into the next trading session. A Daily Financing Fee debit/credit will be made to your account if you hold a Transaction open from one trading session to the next.

Appears in 1 contract

Samples: Client Agreement

Client Money. 9.1 When 18.1 GrowFinance will treat money received from you or held by us on your Application Form behalf in accordance with the FCA Client Money Rules. 18.2 GrowFinance will hold all Client Money in client bank accounts. 18.3 It is not our policy to pay interest to you on any of your money held by GrowFinance LTD. 18.4 In the event that there has been accepted, following processing of the Application and investment monies by the Receiving Agent, the Receiving Agent will deposit cash received from You in connection with the Foresight ITS , until invested, with an Approved Bank in a common call account, together with cash balances belonging to other investors and the Receiving Agent shall appoint a suitably authorised person to operate such account. This no movement on your account will have trust status and will be kept separate from any money belonging to Us, the Receiving Agent or to the Depositary. The Receiving Agent is not subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not receive the protections afforded by the FCA’s client money rules. 9.2 Cash within Your Portfolio realised in relation to realisations and withdrawals will be held by the Cash Custodian with an Approved Bank in one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 9.3 No responsibility is accepted for any acts or omissions of the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) and provided that We have 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, we shall make and retain records of all balances released and undertake to make good any future valid claims against released balances. 18.5 You may not assign any part of your profits or losses to a third party. A third party may not place any funds in your account or withdraw funds from your account. All withdrawals from your account balance must be payable directly to you (by means of a cheque SWIFT or have procured that such reasonable steps debit/credit card payments). 18.6 Due to fraud prevention measures and in accordance with money laundering regulations GrowFinance LTD will only refund monies back to where they came from. Where monies have been taken) deposited by card the funds will be returned to trace You that card where possible and return where not possible GrowFinance may require sight of original bank statements showing original fund transfer to GrowFinance before refunding to the balancesaid bank account. 18.7 Where monies have been deposited by bank transfer GrowFinance LTD may require sight of the original bank statement showing the deposit of the transfer before any refund is made. 18.8 Where bank accounts have been closed GrowFinance LTD may require a leer from the originating bank stating that the account has been closed and there are no funds owing to the bank. Before GrowFinance will refund to a new bank account we may require sight of the original deposit transfer statement from the closed account and sight of an original new bank account statement. 18.9 In reference to this Clause, if ICM's records show a discrepancy between card details and CM's account details as supplied by you, GrowFinance may require sight of original bank statements, or any other relevant evidence, to confirm your new status before processing a refund. 18.10 GrowFinance may transfer client money to a third party as part of transferring all or part of its business if, in respect of each client with an interest in the client money that is sought to be transferred, it obtains the consent or instruction of that client at the me of the transfer of business.

Appears in 1 contract

Samples: Client Agreement

Client Money. 9.1 When your Application Form has been accepted, following processing of the Application application and investment monies by the Receiving Agent, the Receiving Agent will deposit cash received from You in connection with the Foresight ITS ITS, until invested, with an Approved Bank (in the United Kingdom) in a common call account, together with cash balances belonging to other investors and the Receiving Agent shall appoint a suitably authorised person to operate such account. This account will have trust status and will be kept separate from any money belonging to Us, the Receiving Agent or to the Depositary. The Receiving Agent is not subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not receive the protections afforded by the FCA’s client money rules. 9.2 Cash within Your Portfolio realised in relation to realisations and withdrawals will be held by the Cash Custodian with an Approved Bank in one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 9.3 No responsibility is accepted for any acts or omissions of the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed for a period of at least six years and provided that We have taken reasonable steps (or have procured that such reasonable steps have been taken) to trace You and return the balance.

Appears in 1 contract

Samples: Customer Agreement

Client Money. 9.1 When 31.1 Any money received by us in respect of your Application Form has been accepted, following processing of the Application account with us shall be treated as Client Money and investment monies by the Receiving Agent, the Receiving Agent held in trust. 31.2 In relation to Client Money unless you notify us in writing or otherwise we will deposit cash promptly pay any Client Money received from You in connection with the Foresight ITS , until invested, with an Approved Bank in a common call account, together with cash balances belonging to other investors and the Receiving Agent shall appoint a suitably authorised person to operate such accountour Client Money bank accounts. This account will have trust status and Our Client Money accounts will be kept separate identified and designated separately from any accounts used to hold other money belonging to Us, us. Interest will not be paid on the Receiving Agent money held in the Client Money accounts and by entering into this Agreement you acknowledge that you waive any entitlement to interest on such money. Forex River Ltd. / Client agreement 31.3 The Client Money accounts will be pooled accounts and holds the Client Money relating 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. 31.4 Forex River Ltd uses only its own funds for hedging and does not pass client money to hedging counterparties or to any part of the Depositarybusiness as working capital. The Receiving Agent is Forex River Ltd does not subject initiate speculative positions in the market." 31.5 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 another legal entity (including any of our Group Companies) where we transfer all or part of our business to that entity and your Client Money relates to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not receive the protections afforded by the FCA’s client money rules. 9.2 Cash within Your Portfolio realised in relation business transferred. Where we transfer your Client Money to realisations and withdrawals another legal entity under this clause 31.6 we shall ensure that such Client Money will be held by that entity for you in accordance with this Agreement. 31.6 In the Cash Custodian event that the account you hold with an Approved Bank in one or more client accountsus is a joint account, together with cash balances belonging we do exercise all due care and diligence to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added ensure that all withdrawals are paid back to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status its source and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to particular party that initiated the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rulesactual deposit. 9.3 No responsibility 31.7 You consent to us releasing any Client Money balances, for or on your behalf, from Client Money bank accounts and for us to cease to treat as Client Money any unclaimed Client Money balance where: 31.7.1 it is accepted for any acts or omissions of permitted by law and consistent with the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim arrangements under which Client Money is held; 31.7.2 we have determined that there has been no movement on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed your balance for a period of at least six years and provided that We (notwithstanding any payments or receipts of charges, interest or similar items); 31.7.3 we have taken reasonable steps (or have procured that such reasonable steps have been taken) to trace You you and to return the balancebalance to you; and 31.7.4 we make and retain records of all balances released from our Client Money bank accounts in respect of your Client Money. All unclaimed money will be paid to the Inland Revenue Department in accordance with the Unclaimed Money Xxx 0000.

Appears in 1 contract

Samples: Client Agreement

Client Money. 9.1 When your Application Form has been accepted, following processing of the Application application and investment monies by the Receiving Agent, the Receiving Agent will deposit cash received from You in connection with the Foresight ITS ITS, until invested, with an Approved Bank in a common call account, together with cash balances belonging to other investors Investors and the Receiving Agent shall appoint a suitably authorised person to operate such account. This account will have trust status and will be kept separate from any money belonging to Us, the Receiving Agent or to the Depositary. The Receiving Agent is not subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not receive the protections afforded by the FCA’s client money rules. 9.2 Cash within Your Portfolio realised in relation to realisations and withdrawals will be held by the Cash Custodian with an Approved Bank in one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 9.3 No responsibility is accepted for any acts or omissions of the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed for a period of at least six years and provided that We have taken reasonable steps (or have procured that such reasonable steps have been taken) to trace You and return the balance.

Appears in 1 contract

Samples: Customer Agreement

Client Money. 9.1 When 18.1 ICM Capital Ltd will treat money received from you or held by us on your Application Form behalf in accordance with the FCA Client Money Rules. 18.2 ICM Capital Ltd will hold all Client Money in client bank accounts. 18.3 It is not our policy to pay interest to you on any of your money held by ICM Capital Ltd. 18.4 In the event that there has been accepted, following processing of the Application and investment monies by the Receiving Agent, the Receiving Agent will deposit cash received from You in connection with the Foresight ITS , until invested, with an Approved Bank in a common call account, together with cash balances belonging to other investors and the Receiving Agent shall appoint a suitably authorised person to operate such account. This no movement on your account will have trust status and will be kept separate from any money belonging to Us, the Receiving Agent or to the Depositary. The Receiving Agent is not subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not receive the protections afforded by the FCA’s client money rules. 9.2 Cash within Your Portfolio realised in relation to realisations and withdrawals will be held by the Cash Custodian with an Approved Bank in one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 9.3 No responsibility is accepted for any acts or omissions of the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) and provided that We have 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, we shall make and retain records of all balances released and undertake to make good any future valid claims against released balances. 18.5 You may not assign any part of your profits or losses to a third party. A third party may not place any funds in your account or withdraw funds from your account. All withdrawals from your account balance must be payable directly to you (by means of a cheque SWIFT or have procured that such reasonable steps debit/credit card payments). 18.6 Due to fraud prevention measures and in accordance with money laundering regulations ICM Capital Ltd will only refund monies back to where they came from. Where monies have been taken) deposited by card the funds will be returned to trace You that card where possible and return where not possible ICM Capital Ltd may require sight of original bank statements showing original fund transfer to ICM Capital Ltd before refunding to the balancesaid bank account. 18.7 Where monies have been deposited by bank transfer ICM Capital Ltd may require sight of the original bank statement showing the deposit of the transfer before any refund is made. 18.8 Where bank accounts have been closed ICM Capital Ltd may require a letter from the originating bank stating that the account has been closed and there are no funds owing to the bank. Before ICM Capital Ltd will refund to a new bank account we may require sight of the original deposit transfer statement from the closed account and sight of an original new bank account statement. 18.9 In reference to this Clause, if ICM Capital Ltd's records show a discrepancy between card details and ICM Capital Ltd's account details as supplied by you, ICM Capital Ltd may require sight of original bank statements, or any other relevant evidence, to confirm your new status before processing a refund. 18.10 ICM Capital Ltd may transfer client money to a third party as part of transferring all or part of its business if, in respect of each client with an interest in the client money that is sought to be transferred, it obtains the consent or instruction of that client at the time of the transfer of business.

Appears in 1 contract

Samples: Client Agreement

Client Money. 9.1 When 18.1 ICM will treat money received from you or held by us on your Application Form behalf in accordance with the FCA Client Money Rules. 18.2 ICM will hold all Client Money in client bank accounts. 18.3 It is not our policy to pay interest to you on any of your money held by ICM. 18.4 In the event that there has been accepted, following processing of the Application and investment monies by the Receiving Agent, the Receiving Agent will deposit cash received from You in connection with the Foresight ITS , until invested, with an Approved Bank in a common call account, together with cash balances belonging to other investors and the Receiving Agent shall appoint a suitably authorised person to operate such account. This no movement on your account will have trust status and will be kept separate from any money belonging to Us, the Receiving Agent or to the Depositary. The Receiving Agent is not subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not receive the protections afforded by the FCA’s client money rules. 9.2 Cash within Your Portfolio realised in relation to realisations and withdrawals will be held by the Cash Custodian with an Approved Bank in one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 9.3 No responsibility is accepted for any acts or omissions of the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) and provided that We have 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, we shall make and retain records of all balances released and undertake to make good any future valid claims against released balances. 18.5 You may not assign any part of your profits or losses to a third party. A third party may not place any funds in your account or withdraw funds from your account. All withdrawals from your account balance must be payable directly to you (by means of a cheque SWIFT or have procured that such reasonable steps debit/credit card payments). 18.6 Due to fraud prevention measures and in accordance with money laundering regulations ICM will only refund monies back to where they came from. Where monies have been taken) deposited by card the funds will be returned to trace You that card where possible and return where not possible ICM may require sight of original bank statements showing original fund transfer to ICM before refunding to the balancesaid bank account. 18.7 Where monies have been deposited by bank transfer ICM may require sight of the original bank statement showing the deposit of the transfer before any refund is made. 18.8 Where bank accounts have been closed ICM may require a letter from the originating bank stating that the account has been closed and there are no funds owing to the bank. Before ICM will refund to a new bank account we may require sight of the original deposit transfer statement from the closed account and sight of an original new bank account statement. 18.9 In reference to this Clause, if ICM's records show a discrepancy between card details and ICM's account details as supplied by you, ICM may require sight of original bank statements, or any other relevant evidence, to confirm your new status before processing a refund. 18.10 ICM may transfer client money to a third party as part of transferring all or part of its business if, in respect of each client with an interest in the client money that is sought to be transferred, it obtains the consent or instruction of that client at the time of the transfer of business.

Appears in 1 contract

Samples: Client Agreement

Client Money. 9.1 When your Application Form has been accepted, following processing of the Application application and investment monies by the Receiving Agent, the Receiving Agent will deposit cash received from You in connection with the Foresight ITS , until invested, with an Approved Bank in a common call account, together with cash balances belonging to other investors and the Receiving Agent shall appoint a suitably authorised person to operate such account. This account will have trust status and will be kept separate from any money belonging to Us, the Receiving Agent or to the Depositary. The Receiving Agent is not subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not receive the protections afforded by the FCA’s client money rules. 9.2 Cash within Your Portfolio realised in relation to realisations and withdrawals will be held by the Cash Custodian with an Approved Bank in one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 9.3 No responsibility is accepted for any acts or omissions of the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed for a period of at least six years and provided that We have taken reasonable steps (or have procured that such reasonable steps have been taken) to trace You and return the balance.

Appears in 1 contract

Samples: Customer Agreement

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Client Money. 9.1 When 18.1 Black Xxxxxx will treat money received from you or held by us on your Application Form behalf in accordance with the FCA Client Money Rules. 18.2 Black Xxxxxx will hold all Client Money in client bank accounts. 18.3 It is not our policy to pay interest to you on any of your money held byFinartex. 18.4 In the event that there has been accepted, following processing of the Application and investment monies by the Receiving Agent, the Receiving Agent will deposit cash received from You in connection with the Foresight ITS , until invested, with an Approved Bank in a common call account, together with cash balances belonging to other investors and the Receiving Agent shall appoint a suitably authorised person to operate such account. This no movement on your account will have trust status and will be kept separate from any money belonging to Us, the Receiving Agent or to the Depositary. The Receiving Agent is not subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not receive the protections afforded by the FCA’s client money rules. 9.2 Cash within Your Portfolio realised in relation to realisations and withdrawals will be held by the Cash Custodian with an Approved Bank in one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 9.3 No responsibility is accepted for any acts or omissions of the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) and provided that We have 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, we shall make and retain records of all balances released and undertake to make good any future valid claims against released balances. 18.5 You may not assign any part of your profits or losses to a third party. A third party may not place any funds in your account or withdraw funds from your account. All withdrawals from your account balance must be payable directly to you (by means of a cheque SWIFT or have procured that such reasonable steps debit/credit card payments). 18.6 Due to fraud preven�on measures and in accordance with money laundering regula�onsFinartex will only refund monies back to where they came from. Where monies have been taken) deposited by card the funds will be returned to trace You that card where possible and return where not possible Black Xxxxxx may require sight of original bank statements showing original fund transfer to Black Xxxxxx before refunding to the balancesaid bank account. 18.7 Where monies have been deposited by bank transferFinartex may require sight of the original bank statement showing the deposit of the transfer before any refund is made. 18.8 Where bank accounts have been closedFinartex may require a le�er from the origina�ng bank sta�ng that the account has been closed and there are no funds owing to the bank. Before Black Xxxxxx will refund to a new bank account we may require sight of the original deposit transfer statement from the closed account and sight of an original new bank account statement. 18.9 In reference to this Clause, if ICM's records show a discrepancy between card details and ICM's account details as supplied by you, Black Xxxxxx may require sight of original bank statements, or any other relevant evidence, to confirm your new status before processing a refund. 18.10 Black Xxxxxx may transfer client money to a third party as part of transferring all or part of its business if, in respect of each client with an interest in the client money that is sought to be transferred, it obtains the consent or instruc�on of that client at the �me of the transfer of business.

Appears in 1 contract

Samples: Client Agreement

Client Money. 9.1 When 18.1 Euronaxt will treat money received from you or held by us on your Application Form behalf in accordance with the FCA Client Money Rules. 18.2 Euronaxt will hold all Client Money in client bank accounts. 18.3 It is not our policy to pay interest to you on any of your money held byFinartex. 18.4 In the event that there has been accepted, following processing of the Application and investment monies by the Receiving Agent, the Receiving Agent will deposit cash received from You in connection with the Foresight ITS , until invested, with an Approved Bank in a common call account, together with cash balances belonging to other investors and the Receiving Agent shall appoint a suitably authorised person to operate such account. This no movement on your account will have trust status and will be kept separate from any money belonging to Us, the Receiving Agent or to the Depositary. The Receiving Agent is not subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not receive the protections afforded by the FCA’s client money rules. 9.2 Cash within Your Portfolio realised in relation to realisations and withdrawals will be held by the Cash Custodian with an Approved Bank in one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 9.3 No responsibility is accepted for any acts or omissions of the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) and provided that We have 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, we shall make and retain records of all balances released and undertake to make good any future valid claims against released balances. 18.5 You may not assign any part of your profits or losses to a third party. A third party may not place any funds in your account or withdraw funds from your account. All withdrawals from your account balance must be payable directly to you (by means of a cheque SWIFT or have procured that such reasonable steps debit/credit card payments). 18.6 Due to fraud preven�on measures and in accordance with money laundering regula�onsFinartex will only refund monies back to where they came from. Where monies have been taken) deposited by card the funds will be returned to trace You that card where possible and return where not possible Euronaxt may require sight of original bank statements showing original fund transfer to Euronaxt before refunding to the balancesaid bank account. 18.7 Where monies have been deposited by bank transferFinartex may require sight of the original bank statement showing the deposit of the transfer before any refund is made. 18.8 Where bank accounts have been closedFinartex may require a le�er from the origina�ng bank sta�ng that the account has been closed and there are no funds owing to the bank. Before Euronaxt will refund to a new bank account we may require sight of the original deposit transfer statement from the closed account and sight of an original new bank account statement. 18.9 In reference to this Clause, if ICM's records show a discrepancy between card details and ICM's account details as supplied by you, Euronaxt may require sight of original bank statements, or any other relevant evidence, to confirm your new status before processing a refund. 18.10 Euronaxt may transfer client money to a third party as part of transferring all or part of its business if, in respect of each client with an interest in the client money that is sought to be transferred, it obtains the consent or instruc�on of that client at the �me of the transfer of business.

Appears in 1 contract

Samples: Client Agreement

Client Money. 9.1 When 18.1 Enternext market will treat money received from you or held by us on your Application Form behalf in accordance with the FCA Client Money Rules. 18.2 Enternext market will hold all Client Money in client bank accounts. 18.3 It is not our policy to pay interest to you on any of your money held byFinartex. 18.4 In the event that there has been accepted, following processing of the Application and investment monies by the Receiving Agent, the Receiving Agent will deposit cash received from You in connection with the Foresight ITS , until invested, with an Approved Bank in a common call account, together with cash balances belonging to other investors and the Receiving Agent shall appoint a suitably authorised person to operate such account. This no movement on your account will have trust status and will be kept separate from any money belonging to Us, the Receiving Agent or to the Depositary. The Receiving Agent is not subject to the FCA’s client money rules and, therefore, any of Your monies held by the Receiving Agent will not receive the protections afforded by the FCA’s client money rules. 9.2 Cash within Your Portfolio realised in relation to realisations and withdrawals will be held by the Cash Custodian with an Approved Bank in one or more client accounts, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 9.3 No responsibility is accepted for any acts or omissions of the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) and provided that We have 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, we shall make and retain records of all balances released and undertake to make good any future valid claims against released balances. 18.5 You may not assign any part of your profits or losses to a third party. A third party may not place any funds in your account or withdraw funds from your account. All withdrawals from your account balance must be payable directly to you (by means of a cheque SWIFT or have procured that such reasonable steps debit/credit card payments). 18.6 Due to fraud preven�on measures and in accordance with money laundering regula�onsFinartex will only refund monies back to where they came from. Where monies have been taken) deposited by card the funds will be returned to trace You that card where possible and return where not possible Enternext market may require sight of original bank statements showing original fund transfer to Enternext market before refunding to the balancesaid bank account. 18.7 Where monies have been deposited by bank transferFinartex may require sight of the original bank statement showing the deposit of the transfer before any refund is made. 18.8 Where bank accounts have been closedFinartex may require a le�er from the origina�ng bank sta�ng that the account has been closed and there are no funds owing to the bank. Before Enternext market will refund to a new bank account we may require sight of the original deposit transfer statement from the closed account and sight of an original new bank account statement. 18.9 In reference to this Clause, if ICM's records show a discrepancy between card details and ICM's account details as supplied by you, Enternext market may require sight of original bank statements, or any other relevant evidence, to confirm your new status before processing a refund. 18.10 Enternext market may transfer client money to a third party as part of transferring all or part of its business if, in respect of each client with an interest in the client money that is sought to be transferred, it obtains the consent or instruc�on of that client at the �me of the transfer of business.

Appears in 1 contract

Samples: Client Agreement

Client Money. 9.1 10.1 When your Application Form a client opens an account on the Online Trading System, the Firm will hold the client’s money on a segregated basis, in accordance with the FCA's client money rules. Under these rules, the Firm pays or withdraws from each client's money cash deposits and net unrealized profits or losses respectively, into segregated client bank accounts (i.e. accounts which are separate from AFS’s own). Specifically, if the client has been acceptedan open position, following processing AFS reserves the right, at any time and at AFS’s sole discretion, to set-off any unrealized losses incurred in respect of an open position against any of the Application Client Money that is held by AFS to the Client’s credit. The money is treated as belonging to the client and investment monies cannot be used by us in any way at any time by the Receiving AgentFirm. AFS will exercise reasonable skill, care and diligence in the Receiving Agent selection, appointment, and periodic review of the institution where the client’s money is deposited. AFS will deposit cash received from You give instructions to the institution with regards to the transfer and movements of the client’s money and take such actions as required in connection with the Foresight ITS , until invested, performance of its duties. AFS accepts responsibility for the acts and omissions of the nominated institutions to the same extent as its acts and omissions. 10.2 The client money will be pooled with an Approved Bank in a common call account, together with cash balances money belonging to other investors clients which means that an individual client will not have a claim against a specific sum in a specific account, in the event of insolvency. The client’s claim will be against the client money pool in general. 10.3 Once received, client funds (‘the Funds’) shall be deposited in an institution (‘the Institution’) specified by the Firm on the client’s behalf, segregated from any of the Firm’s funds. 10.4 AFS will not pay interest to the client for the Funds deposited. Any interest on deposit will be retained by AFS. 10.5 AFS may, from time to time, without the client’s permission merge the Funds held in different trading accounts; under no circumstances, does this imply that the client has the right to a credit facility. 10.6 The client has the right to withdraw, at any time, any part of the Funds equal to the free margin that is available in the relevant trading account provided that there are Funds available. It should be noted that such request may take up to 3 (three) business days in order to be processed. The Firm reserves the right to request additional information and/or documentation to satisfy itself that the request is legitimate. In addition, AFS reserves the right to reject such a request if it deems that this may not be legitimate. The client accepts that under such circumstances there may be a delay in processing the request. 10.7 The client accepts that the Funds shall be deposited in his/her trading account on the later date of either the value date on which the Funds are received by AFS or the value date on which the Funds are received by the Institution. The Funds deposited in a client's trading account shall be net of any transfer fees or other charges incurred by or charged to AFS that are imposed by the Institution (or intermediary involved in the process) that holds the Funds. 10.8 Where any Funds required to be deposited by a client are deposited into his/her trading account and AFS suspects that the sender of the funds is not the client or his/her authorized representative, the Firm may reject the Funds and return them to the remitter net of any transfer fees or other charges incurred by or charged to AFS, using the same transfer method as the one through which it originally received the Funds. 10.9 The client accepts that withdrawal of any part of the Funds shall be concluded using the same transfer method and the Receiving Agent same remitter as the one which the Firm originally received the Funds from; under such circumstances, AFS shall appoint return the part of the Funds requested net of any transfer fees or other charges incurred by or charged to AFS. 10.10 AFS reserves the right to decline a suitably authorised person withdrawal that the client requested using a specific transfer method and has the right to operate such account. This account will have trust status and will be kept separate from suggest an alternative. 10.11 If, at any money belonging to Ustime, the Receiving Agent or to the Depositary. The Receiving Agent AFS is not subject to satisfied with the FCA’s client money rules and, therefore, any of Your monies held documentation provided by the Receiving Agent will not receive the protections afforded by the FCA’s client money rules. 9.2 Cash within Your Portfolio realised in relation to realisations and withdrawals will be held the withdrawal/deposit, the Firm reserves the right to reverse to the remitter any part of the Funds net of any transfer fees or other charges incurred by AFS, using the Cash Custodian with an Approved Bank in same transfer method as the one through which it originally received the Funds. 10.12 The client accepts that the Institution may reverse any part of the Funds, for any reason; as a result, the Firm shall immediately reverse the respective amount from the trading account net of any transfer fees or more client accountsother charges incurred by or charged to AFS, together with cash balances belonging to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added to Your Portfoliousing the same transfer method as the one through which it originally received the Funds. The client accepts that this may result to a negative balance in the trading account; under such circumstances, the Firm may merge the Funds held in different trading accounts as described in clause [10.5], above. 10.13 The client accepts that any requests he or she wishes to make relating to the administration of the trading account shall be made through xxxx://xxx.xxxxxxx.xx.xx/login.php. 10.14 AFS shall take all reasonable steps to ensure that the client is informed regarding the progress of any requests referred to in the ‘Client Money’ section, specifically in relation to the expected processing time and the need for any, or any further, documentation that if not in place may delay the processing. 10.16 The Firm reserves the right to close an account in connection with an unclaimed client money balance and releasing any client money balances from client bank accounts if: (1) there has been no movement on the client's balance for a period of six years; and (2) the Firm has sent written notice to the client at the last known address informing the client of the Firm's intention of no longer treating that balance as client money, and giving the client 28 days to make a claim. 10.17 AFS may deposit Client money with a third party who may have a security interest, lien or right of set-off in relation to that money. 10.18 Client money may be held on the Client’s behalf with an intermediate broker, a bank, a market, a settlement agent, a clearing house or OTC counterparty located within or outside the UK or the EEA. The legal and regulatory regime applying to any such person outside the UK or the EEA will be different from that of the UK and in the event of the insolvency or any other equivalent failure 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 the UK. AFS will not be liable for the solvency, acts or omissions of any third party referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rulesparagraph. 9.3 No responsibility is accepted for any acts 10.19 The third party to whom AFS will pass money may hold it in an omnibus account and it may not be possible to separate it from the client’s money, or omissions the third party’s money. In the event of the Receiving Agentinsolvency or any other analogous proceedings in relation to that third party, AFS may only have an unsecured claim against the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim third party on behalf of Our clients. 9.4 After termination of this Customer Agreementthe client, and subject the client will be exposed to the risk that the money received by AFS from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. AFS does not accept any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed liability or responsibility for a period of at least six years and provided that We have taken reasonable steps (or have procured that such reasonable steps have been taken) to trace You and return the balanceany resulting losses.

Appears in 1 contract

Samples: Client Agreement

Client Money. 9.1 When 10.1. Subject to Section 10.11 we shall treat money held by Safecap on your Application Form has been acceptedbehalf as Client Money in accordance with the CySEC Rules. Under CySEC Rules, following processing we keep and maintain books and accounting records of the Application Client Money held on behalf of our Clients. 10.2. The provisions in this Agreement related to Client Money, are subject to the terms and investment monies by conditions of the Receiving Agentbanks and credit institutions with which such Client Money is held and through which such funds are transferred. 10.3. We co-operate with various credit institutions. A complete list of the credit institutions with which we co-operate can be found at our Website or, where applicable, at the Receiving Agent relevant Online Systems. 10.4. We will deposit cash received from You endeavour to hold Client Money on your behalf with authorised regulated banks or credit institutions in connection with the Foresight ITS , until invested, with an Approved Bank in a common call account, together with cash balances belonging to other investors Republic of Cyprus and the Receiving Agent shall appoint a suitably European Union, however we may also hold your money outside the European Union. The Client Money will be kept in bank accounts denominated as Client Money and clearly segregated from Safecap’s own funds. Client Money deposited may be kept in one or more omnibus accounts with any authorised person regulated bank or credit institution which we will specify from time to operate such account. This account will have trust status time and will be kept separate held in our name denominated as Client Money as set out above. The legal and regulatory regime applying to any such bank or payment processing company outside the European Union will be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other analogous proceedings in relation to that bank or payment processing company, your money may be treated differently from the treatment which would apply if the money was held with a bank in an account in Cyprus and the European Union. We will not be liable for the insolvency, acts or omissions of any third party referred to in this clause or for any loss suffered as a result of any shortfall in any omnibus account. 10.5. We deposit Client Money held on behalf of our clients in an account and/or accounts opened with a bank or receive funds through payment processing companies, provided that we have exercised all due care, skill and diligence in the selection, appointment and periodic review of such banks and payment processing companies and of the arrangements for the holding and safekeeping of Client Money which they have in place. With regards to the deposit of Client Money, in the event we do not deposit Client Money with a central bank, we exercise all due care, skill and diligence in the selection, appointment and periodic review of the credit institution, where the funds are placed and the arrangement for the holding of those funds. We shall take into account the expertise and reputation of the bank/credit institution as well as the legal and regulatory requirements or market practices related to the holding of Client Money that could adversely affect the protection afforded to the Client Money. 10.6. We shall take all necessary measures in order to ensure that any Client Money deposited with a bank are identifiable separately from the cash belonging to UsSafecap by means of differently titled accounts on the books of the bank(s) or other equivalent measures that achieve the same level of protection. Similarly, as per the Receiving Agent requirements of the Applicable Laws and Regulations, we, on receiving any Client Money, shall promptly place those funds into one or more accounts denoted as “clients’ accounts”. We apply the same principles for payment processing companies. 10.7. Where necessary, we shall apply diversification as to where clients’ money is held, through the maintenance of accounts with several third party banks. 10.8. Safecap may hold Client Money in omnibus accounts with financial and credit institutions. In this respect, you are hereby warned that there is a risk of loss emanating from the use of omnibus accounts in financial or credit institutions. In such case it may not be possible to distinguish if the particular Client Money is held by a certain financial or credit institution. Omnibus accounts may also hold other types of risks including legal, liquidation risk, haircut risk, third party risk, etc. 10.9. We are not responsible for the insolvency, acts or omissions of any bank, although we will take reasonable care when choosing which bank to open a Client Money account. 10.10. In the event of insolvency or any other analogous proceedings in relation to a financial or credit institution (including payment processing company) where Client Money is held, Safecap (on behalf of the client) and/or the Client may only have an unsecured claim against the financial or credit institution, and the Client will be exposed to the Depositaryrisk that the money received by Safecap from the financial or credit institution, is insufficient to satisfy the claims of the Client with claims in respect of the account. 10.11. The Receiving Agent Notwithstanding Sections 10.1 to 10.10 above, you and us may in a separate agreement establish that all the money you transfer to us (or part thereof) is not subject to the FCA’s client Client Money Rules, in which case: 10.11.1. we will treat such money rules andas a transfer of full ownership of money to us for the purpose of securing or otherwise covering your present, thereforefuture, any of Your monies held by the Receiving Agent actual, contingent or prospective obligations, and we will not receive hold such money in accordance with the protections afforded Client Money Rules; 10.11.2. any money received by us from you for your Account under the FCA’s client said agreement, subject to all other provisions of this Agreement will be owed by us to you; 10.11.2.1. because full ownership of the money rules.is transferred to us, you no longer have a proprietary claim over the money, and we can deal with it in our own right; 9.2 Cash within Your Portfolio realised 10.11.2.2. in the event of our insolvency you will rank as a general or unsecured creditor of Safecap in respect of such money and you will have no rights or claim in relation to realisations such money, save for those set out in applicable laws; and 10.11.2.3. if we have closed all Accounts you have had with us and withdrawals you have paid to us in full all amounts you owe us and have no further present or future obligations to us, we will be held by the Cash Custodian with transfer to you an Approved Bank in one or more client accounts, together with cash balances belonging amount equal to other investors. Interest does not currently accrue on any such cash balances. Should this change, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging you paid to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 9.3 No responsibility is accepted us for any acts or omissions of the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim on behalf of Our clients. 9.4 After termination of your Account that remains after all amounts you owe us (under this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed for a period of at least six years and provided that We have taken reasonable steps (or have procured that such reasonable steps ) have been taken) paid and deducted (including in relation to trace You and return the balanceall Accounts you have had with us).

Appears in 1 contract

Samples: Standard Terms of Business

Client Money. 9.1 When your Application Form has been accepted, following processing of the Application and investment monies by the Receiving Agent, the Receiving Agent will deposit cash received from (a) You in connection with the Foresight ITS , until invested, with an Approved Bank in a common call account, together with cash balances belonging to other investors and the Receiving Agent shall appoint a suitably authorised person to operate such account. This account will have trust status and will be kept separate from agree that any money belonging paid into your account is to Us, the Receiving Agent or to the Depositary. The Receiving Agent is not subject to the FCA’s be held in accordance with client money rules and, therefore, any under the Corporations Act and may be used by Moomoo AU in accordance with the terms of Your monies held this agreement and the Corporations Act. (b) You agree that Moomoo AU may aggregate money paid into your account with funds received from other clients into a single or multiple designated account(s) which will be maintained as required by the Receiving Agent will not receive Corporations Act. (c) You consent to and direct Moomoo AU to: (i) retain any interest accrued from time to time on the protections afforded client money, and to invest that money as permitted by the FCA’s Corporations Act; (ii) withdraw client money rulesin circumstances permitted by the Corporations Act including, but not limited to, acquiring products and services on your behalf and paying costs and remuneration payable to Moomoo AU; and (iii) withdraw client monies that Moomoo AU is otherwise entitled to pursuant to Law. 9.2 Cash within Your Portfolio realised (d) You agree that when Moomoo AU uses the client monies for a lawful purpose as set out in relation this clause, the client monies do not belong to realisations you and do not constitute a loan or constructive trust in your favour. (e) You understand that Moomoo AU operates multiple client money trust accounts held with multiple Australian Authorised Deposit-taking Institutions (“ADIs” or “banks”) for segregated depository of client money, which are compliant with Section 981B of the Corporations Act. The ADIs engaged for purpose of this paragraph include, but are not limited to, the following: (i) HSBC Bank Australia Limited (ii) Commonwealth Bank Australia (iii) MUFG Bank Ltd (f) You provide consent and standing direction for Moomoo AU to transfer all or any sum of your client monies between the trust accounts as described in clause 4.8 (e) of this Agreement, at all times or from time to time, for purposes of facilitating securities transactions, currency conversion, deposits and withdrawals will be held as instructed by the Cash Custodian with an Approved Bank in one or more client accountsyou, together with cash balances belonging to other investors. Interest does not currently accrue and of potentially earning interests on any such cash balances. Should this change, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s unused client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rules. 9.3 No responsibility is accepted for any acts balance which may be passed on to you partially or omissions of the Receiving Agent, the Cash Custodian wholly. You acknowledge and agree that Xxxxxx AU may effect these transfers whether or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed for a period of at least six years and provided that We have taken reasonable steps (or have procured that such reasonable steps not further specific instructions have been taken) to trace You and return the balancegiven by you or on your behalf.

Appears in 1 contract

Samples: Client Services Agreement

Client Money. 9.1 When your Application Form has been accepted, following processing 6.1 Any identifiable money (in any currency) received by WealthKernel for the account of the Application any Customer (Client Money) will be received and investment monies held by the Receiving Agent, the Receiving Agent will deposit cash received from You WealthKernel in connection accordance with the Foresight ITS FCA Rules detailed in the Client Asset Sourcebook agreed between them and us. Your Client Money (unless the we instruct WealthKernel to pay such money into an individual client account) will be pooled with Client Money belonging to our other Customers and will be held in an omnibus Client Money account with an approved banking institution, until investedappointed by WealthKernel in accordance with the FCA Rules (Approved Bank). 6.2 In the event of an irreconcilable shortfall in the omnibus Client Money account following a default of an Approved Bank or any third party holding Client Money (such as a clearing house, settlement or money transfer system) you may not receive your full entitlement and may share in any shortfall on a pro rata basis with other affected Customers. It will be our responsibility to bring these arrangements to your attention. 6.3 WealthKernel may, from time to time, hold Client Money in a Customer bank account with an Approved Bank in a common call account, together with cash balances belonging to other investors and outside the Receiving Agent shall appoint a suitably authorised person to operate United Kingdom. In such account. This account will have trust status and will be kept separate from any money belonging to Uscircumstances, the Receiving Agent or legal and regulatory regime applying to the Depositary. The Receiving Agent Approved Bank with which that money is not subject to held may be different from that of the FCA’s client money rules United Kingdom and, thereforein the event of a default of the Approved Bank, any of Your monies such money may be treated differently from the position that would apply if the money was held by the Receiving Agent will not receive the protections afforded by the FCA’s client money rules. 9.2 Cash within Your Portfolio realised in relation to realisations and withdrawals will be held by the Cash Custodian with an Approved Bank in one or more client accounts, together with cash balances belonging the United Kingdom and the rights and protections under the FCA rules will not be available to other investorsyou in respect of these overseas Approved Banks. Interest It will be our responsibility to bring these arrangements to your attention. 6.4 WealthKernel does not currently accrue pay interest on any such cash balances. Should this change, any interest earned on cash balances will be added to Your Portfolio. The client accounts referred to in this clause 9.2 will have trust status and will be kept separate from any money belonging to Us, the Cash Custodian or to the Depositary. The Cash Custodian is subject to the FCA’s client money rules and, therefore, any of Your monies held by the Cash Custodian will receive the protections afforded by the FCA’s client money rulesClient Money. 9.3 No responsibility is accepted for 6.5 You agree that WealthKernel will cease to treat as Client Money any acts or omissions of the Receiving Agent, the Cash Custodian or the Approved Bank. Should the Receiving Agent, the Cash Custodian or the Approved Bank become insolvent, We will claim on behalf of Our clients. 9.4 After termination of this Customer Agreement, and subject to any Applicable Rules, We may direct Your money be used at Our own discretion if it remains unclaimed for balances after a period of at least six years and provided that We have WealthKernel has otherwise taken reasonable steps to trace you and return any balance to you and paid the sums to charity. WealthKernel will nevertheless make good any subsequent valid claim against such balances. 6.6 WealthKernel may also appoint agents, sub-nominees and sub-custodians (whether in the United Kingdom or overseas), to hold investments held in custody. WealthKernel will exercise reasonable care in the selection of agents, sub-nominees and sub-custodians and before nominating a custodian it will undertake a risk assessment of that custodian in accordance with the FCA Rules. WealthKernel will be responsible for the acts and omissions of its nominee, however, in the absence of its fraud or wilful default, WealthKernel shall not be responsible for the acts, omissions or default of any sub- nominee, custodian, sub-custodian, securities depository, intermediate broker or agent, clearing or settlement system or participant in such a system or third party bank. In the case of any securities held overseas there may be different settlement, legal and regulatory requirements in overseas jurisdictions from those applying in the United Kingdom and there may be different practices for the separate identification of securities. 6.7 In the event of our insolvency your money, by virtue of having been separated from our assets and held in a client bank account, will not be available to our creditors. However, should a third party with whom your money has been deposited default the following may happen: 1. UK bank accounts: If your money has been deposited in a UK bank account it will typically be held in a pooled account with other client’s money. If the third party bank defaults and there is a shortfall that cannot be met, then you may have to share in the loss according to the proportion of the funds attributable to you in the pooled account. 2. Non-UK bank accounts: If your money has been deposited in a non-UK bank account you face the same risk of loss as you would for a UK bank account. Additionally the laws of that country might be different from the laws and regulations in the UK. Your money might be less secure and might be treated differently than it would have been treated if it had been held in a UK bank account. 3. Other third parties: If your money has been passed on to another third party there is a risk that you could suffer financial loss if that third party defaults. These third parties will not always be able to keep your money separate from their money. This means that if they become insolvent we will only have an unsecured claim against them on your behalf. This means that they might not be able to pay us enough money to cover all of our clients unsecured claims. 6.8 WealthKernel reserves a right to retain all cash, investments or other assets of any description paid or delivered (or have procured that such reasonable steps have been takenwhich are due to be paid or delivered) to trace You and return Wealthkernel for your account. 6.9 We will notify you as soon as possible should your account balance fall to the balancepoint where the charges are greater than the credits.

Appears in 1 contract

Samples: Wealthkernel Client Retail Terms and Conditions

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