Client Money. 26.1. Unless otherwise agreed with the Client in writing and to the extent allowed under Applicable Regulations, the Company will deal with any funds that it holds on the Client Account in accordance with the applicable Regulations. This means that Client funds will be segregated from the Company’s own money and cannot be used in the course of its business. The Company will promptly place any Client money into a Segregated Client Account. 26.2. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest. 26.3. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 26.4. The Company may hold Client money and the money of other clients in the same bank account (omnibus account). 26.5. The Company 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. 26.6. 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 in Cyprus and/or in the EEA. The legal and regulatory regime applying to any such person will be the one applicable under the rules and laws of Cyprus and/or of the EEA and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money will be treated in accordance to the abovementioned applicable rules and laws applicable in Cyprus and/or in the EEA. The Company will not be liable for such a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person and/or acts or omissions of any other third party similar to the person referred in this clause. 26.7. 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 in any other country Worldwide and not in Cyprus and/or in the EEA. The legal and regulatory regime applying to any such person will be different from that of Cyprus and/or of the EEA and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money may be treated in accordance to the rules and laws of each and every other country Worldwide and such treatment might differ from the treatment which would apply if the money was held in a Segregated Account in Cyprus and/or in the EEA. The Company will not be liable for such a bankruptcy and/or solvency and/or any other equivalent act and/or omission and/or failure of that person and/or acts or omissions of any other third person similar to the person referred in this clause. 26.8. The third party to whom the Company 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 the third party’s money. In the event of the insolvency, or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses. 26.9. The third party to whom the Company 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 the third party’s money. The Client acknowledges that in case where a Company’s Bank Account is frozen for any given period and for any given reason the Company assumes no responsibility and Client’s funds will also be frozen. 26.10. The Client agrees that, in the event that there has been no activity in the Client Account Balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items), the Company may release any Client’s money balances from the Segregated Account. 26.11. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title “Investors Compensation Fund” (Appendix III). 26.12. The Company shall have a general lien on all funds held by the Company or its Associates or its nominees on the Client’s behalf until the satisfaction of his obligations. 26.13. The Company will carry out reconciliations of records and Client Money with the records and accounts of the money the Company holds in Segregated Client Accounts on a daily basis. If a transfer is required to or from the Segregated Client Account this will be done by the close of business on the day that the reconciliation is performed. The Company has the right, but not an obligation, to carry out reconciliations and transfers more frequently, if it considers that this is necessary to protect the Company’s or a Client’s interests. 26.14. Profit or loss in the currency of the Client Account is deposited in/withdrawn from the Client Account once the Transaction is closed. 26.15. The funds credited to the Client’s Account by the Company shall not bear interest. The Client by accepting this agreement gives his express consent and waives any of his rights to receive any interest earned on his funds held on the bank accounts of the Company and consents that the Company will benefit from such interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts.
Appears in 9 contracts
Samples: CFDS Client Agreement, CFDS Client Agreement, CFDS Client Agreement
Client Money. 26.1. 26.1 Unless otherwise agreed with the Client in writing and to the extent allowed under Applicable Regulations, the Company will deal with any funds that it holds on the Client Account in accordance with the applicable Regulations. This means that Client funds will be segregated from the Company’s own money and cannot be used in the course of its business. The Company will promptly place any Client money into a Segregated Client Account.
26.2. 26.2 The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest.
26.3. 26.3 The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
26.4. 26.4 The Company may hold Client money and the money of other clients in the same bank account (omnibus account).
26.5. 26.5 The Company 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.
26.6. 26.6 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 in Cyprus Mauritius and/or in the EEAEEA and Worldwide. The legal and regulatory regime applying to any such person will be the one applicable under Under the rules and laws of Cyprus Mauritius and/or of the EEA and Worldwide and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money will be treated in accordance to the abovementioned applicable rules and laws applicable in Cyprus and/or in the EEAMauritius. The Company will not be liable for such a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that That person and/or acts or omissions of any other third party similar to the person referred in this clause.
26.7. 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 in any other country Worldwide and not in Cyprus and/or in the EEA. The legal and regulatory regime applying to any such person will be different from that of Cyprus and/or of the EEA and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money may be treated in accordance to the rules and laws of each and every other country Worldwide and such treatment might differ from the treatment which would apply if the money was held in a Segregated Account in Cyprus and/or in the EEA. The Company will not be liable for such a bankruptcy and/or solvency and/or any other equivalent act and/or omission and/or failure of that person and/or acts or omissions of any other third person similar to the person referred in this clause.
26.8. 26.7 The third party to whom the Company 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 the third party’s money. In the event of the insolvency, or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses.
26.9. 26.8 The third party to whom the Company 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 the third party’s money. The Client acknowledges that in case where a Company’s Bank Account is frozen for any given period and for any given reason the Company assumes no responsibility and Client’s funds will also be frozen.
26.10. 26.9 The Client agrees that, in the event that there has been no activity in the Client Account Balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items), the Company may release any Client’s money balances from the Segregated Account.
26.11. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title “Investors Compensation Fund” (Appendix III).
26.12. 26.10 The Company shall have a general lien on all funds held by the Company or its Associates or its nominees on the Client’s behalf until the satisfaction of his obligations.
26.13. 26.11 The Company will carry out reconciliations of records and Client Money with the records and accounts of the money the Company holds in Segregated Client Accounts on a daily basis. If a transfer is required to or from the Segregated Client Account this will be done by the close of business on the day that the reconciliation is performed. The Company has the right, but not an obligation, to carry out reconciliations and transfers more frequently, if it considers that this is necessary to protect the Company’s or a Client’s interests.
26.14. 26.12 Profit or loss in the currency of the Client Account is deposited in/withdrawn from the Client Account once the Transaction is closed.
26.15. 26.13 The funds credited to the Client’s Account by the Company shall not bear interest. The Client by accepting this agreement gives his express consent and waives any of his rights to receive any interest earned on his funds held on the bank accounts of the Company and consents that the Company will benefit from such interest earned to cover registration/ general expenses/ charges/ fees and interest related Related to the administration and maintenance of the bank accounts.
Appears in 5 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Client Money. 26.1. 26.1 Unless otherwise agreed with the Client in writing and to the extent allowed under Applicable Regulations, the Company will deal with any funds that it holds on the Client Account in accordance with the applicable Regulations. This means that Client funds will be segregated from the Company’s own money and cannot be used in the course of its business. The Company will promptly place any Client money into a Segregated Client Account.
26.2. 26.2 The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest.
26.3. 26.3 The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
26.4. 26.4 The Company may hold Client money and the money of other clients in the same bank account (omnibus account).
26.5. 26.5 The Company may deposit Client money with a third party who may have a security interest, lien lien, or right of set-off in relation to that money.
26.6. 26.6 Client money may be held on the Client’s behalf with an intermediate broker, a bank, a market, a settlement agent, a clearing house clearinghouse, or an OTC counterparty located in Cyprus Mauritius and/or in the EEAEEA and Worldwide. The legal and regulatory regime applying to any such person will be the one applicable under Under the rules and laws of Cyprus Mauritius and/or of the EEA and Worldwide and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money will be treated in accordance to the abovementioned applicable rules and laws applicable in Cyprus and/or in the EEAMauritius. The Company will not be liable for such a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that That person and/or acts or omissions of any other third party similar to the person referred in this clause.
26.7. 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 in any other country Worldwide and not in Cyprus and/or in the EEA. The legal and regulatory regime applying to any such person will be different from that of Cyprus and/or of the EEA and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money may be treated in accordance to the rules and laws of each and every other country Worldwide and such treatment might differ from the treatment which would apply if the money was held in a Segregated Account in Cyprus and/or in the EEA. The Company will not be liable for such a bankruptcy and/or solvency and/or any other equivalent act and/or omission and/or failure of that person and/or acts or omissions of any other third person similar to the person referred in this clause.
26.8. 26.7 The third party to whom the Company 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 the third party’s money. In the event of the insolvency, or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses.
26.9. 26.8 The third party to whom the Company 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 the third party’s money. The Client acknowledges that in the case where a Company’s Bank Account is frozen for any given period and for any given reason the Company assumes no responsibility and Client’s funds will also be frozen.
26.10. 26.9 The Client agrees that, that in the event that there has been no activity in the Client Account Balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items), the Company may release any Client’s money balances from the Segregated Account.
26.11. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title “Investors Compensation Fund” (Appendix III).
26.12. 26.10 The Company shall have a general lien on all funds held by the Company or its Associates or its nominees on the Client’s behalf until the satisfaction of his obligations.
26.13. 26.11 The Company will carry out reconciliations of records and Client Money with the records and accounts of the money the Company holds in Segregated Client Accounts on a daily basis. If a transfer is required to or from the Segregated Client Account this will be done by the close of business on the day that the reconciliation is performed. The Company has the right, but not an obligation, to carry out reconciliations and transfers more frequently, if it considers that this is necessary to protect the Company’s or a Client’s interests.
26.14. 26.12 Profit or loss in the currency of the Client Account is deposited in/withdrawn from the Client Account once the Transaction is closed.
26.15. 26.13 The funds credited to the Client’s Account by the Company shall not bear interest. The Client by accepting this agreement gives his express consent and waives any of his rights to receive any interest earned on his funds held on the bank accounts of the Company and consents that the Company will benefit from such interest earned to cover registration/ general expenses/ charges/ fees and interest related Related to the administration and maintenance of the bank accounts.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Client Money. 26.1. Unless otherwise agreed with the Client in writing and to the extent allowed under Applicable Regulations, the Company will deal with any funds that it holds on the Client Account in accordance with the applicable Regulations. This means that Client funds will be segregated from the Company’s own money and cannot be used in the course of its business. The Company will promptly place any Client Cli- ent money into a Segregated Client Account.
26.2. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest.
26.3. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
26.4. The Company may hold Client money and the money of other clients in the same bank account (omnibus account).
26.5. The Company 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.
26.6. 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 in Cyprus Mauritius and/or in the EEAEEA and World Wide. The legal and regulatory regime applying to any such person will be the one applicable under the rules and laws of Cyprus Mauritius and/or of the EEA and World Wide and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money will be treated in accordance to the abovementioned applicable rules and laws applicable in Cyprus and/or in the EEA. The Company will not be liable for such a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person and/or acts or omissions of any other third party similar to the person referred in this clause.that
26.7. 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 in any other country Worldwide and not in Cyprus and/or in the EEAMauritius. The legal and regulatory regime applying to any such person will be different from that of Cyprus Mauritius and/or of the EEA World Wide and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money may be treated in accordance to the rules and laws of each and every other country Worldwide and such treatment might differ from the treatment which would apply if the money was held in a Segregated Account in Cyprus and/or in the EEA. The Company will not be liable for such a bankruptcy and/or solvency and/or any other equivalent act and/or omission and/or failure of that person and/or acts or omissions of any other third person similar to the person referred in this clause.every
26.8. The third party to whom the Company 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 the third party’s money. In the event of the insolvency, or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses.
26.9. The third party to whom the Company 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 the third party’s money. The Client acknowledges ac- knowledges that in case where a Company’s Bank Account is frozen for any given period and for any given reason the Company assumes no responsibility and Client’s funds will also be frozen.
26.10. The Client agrees that, in the event that there has been no activity in the Client Account Balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items), the Company may release any Client’s money balances from the Segregated Account.
26.11. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title “Investors Compensation Fund” (Appendix III).
26.12. The Company shall have a general lien on all funds held by the Company or its Associates or its nominees on the Client’s behalf until the satisfaction of his obligations.
26.1326.12. The Company will carry out reconciliations of records and Client Money with the records and accounts of the money the Company holds in Segregated Client Accounts on a daily basis. If a transfer is required to or from the Segregated Client Account this will be done by the close of business on the day that the reconciliation is performed. The Company has the right, but not an obligation, to carry out reconciliations and transfers more frequently, if it considers that this is necessary to protect the Company’s or a Client’s interests.
26.1426.13. Profit or loss in the currency of the Client Account is deposited in/withdrawn from the Client Account once the Transaction is closed.
26.1526.14. The funds credited to the Client’s Account by the Company shall not bear interest. The Client by accepting this agreement gives his express consent and waives any of his rights to receive any interest earned on his funds held on the bank accounts of the Company and consents that the Company will benefit from such interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts.
Appears in 2 contracts
Samples: CFDS Client Agreement, CFDS Client Agreement
Client Money. 26.123.1. Unless otherwise agreed with the Client in writing and to the extent allowed under Applicable Regulations, the Company will deal with any funds that it holds on the Client Account in accordance with the applicable Regulations. This means that Client funds will be segregated from the Company’s own money and cannot be used in the course of its business. The Company will promptly place any Client money into a Segregated Client Account.
26.223.2. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest.
26.323.3. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
26.423.4. The Company may hold Client money and the money of other clients in the same bank account (omnibus account).
26.523.5. The Company 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.
26.623.6. 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 in Cyprus Mauritius and/or in the EEAEEA and World Wide. The legal and regulatory regime applying to any such person will be the one applicable under the rules and laws of Cyprus Mauritius and/or of the EEA XDELľA MU LľD | Clic⭲t Agíccmc⭲t | Rcg. No : 17659« | ľIC No : 27®576«« | Ḻicc⭲sc No : GB20025745 | xxx.xxxxxx.xxx and World Wide and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money will be treated in accordance to the abovementioned applicable rules and laws applicable in Cyprus and/or in the EEAMauritius. The Company will not be liable for such a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person and/or acts or omissions of any other third party similar to the person referred in this clause.
26.723.7. 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 in any other country Worldwide and not in Cyprus and/or in the EEAMauritius. The legal and regulatory regime applying to any such person will be different from that of Cyprus Mauritius and/or of the EEA World Wide and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money may be treated in accordance to the rules and laws of each and every other country Worldwide and such treatment might differ from the treatment which would apply if the money was held in a Segregated Account in Cyprus Mauritius and/or in the EEAWorld Wide. The Company will not be liable for such a bankruptcy and/or solvency and/or any other equivalent act and/or omission and/or failure of that person and/or acts or omissions of any other third person similar to the person referred in this clause.
26.823.8. The third party to whom the Company 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 the third XDELľA MU LľD | Clic⭲t Agíccmc⭲t | Rcg. No : 17659« | ľIC No : 27®576«« | Ḻicc⭲sc No : GB20025745 | xxx.xxxxxx.xxx party’s money. In the event of the insolvency, or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses.
26.923.9. The third party to whom the Company 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 the third party’s money. The Client acknowledges that in case where a Company’s Bank Account is frozen for any given period and for any given reason the Company assumes no responsibility and Client’s funds will also be frozen.
26.1023.10. The Client agrees that, in the event that there has been no activity in the Client Account Balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items), the Company may release any Client’s money balances from the Segregated Account.
26.11. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title “Investors Compensation Fund” (Appendix III).
26.1223.11. The Company shall have a general lien on all funds held by the Company or its Associates or its nominees on the Client’s behalf until the satisfaction of his obligations.
26.1323.12. The Company will carry out reconciliations of records and Client Money with the records and accounts of the money the Company holds in Segregated Client Accounts on a daily basis. If a transfer is required to or from the Segregated Client Account this will be XDELľA MU LľD | Clic⭲t Agíccmc⭲t | Rcg. No : 17659« | ľIC No : 27®576«« | Ḻicc⭲sc No : GB20025745 | xxx.xxxxxx.xxx done by the close of business on the day that the reconciliation is performed. The Company has the right, but not an obligation, to carry out reconciliations and transfers more frequently, if it considers that this is necessary to protect the Company’s or a Client’s interests.
26.1423.13. Profit or loss in the currency of the Client Account is deposited in/withdrawn from the Client Account once the Transaction is closed.
26.1523.14. The funds credited to the Client’s Account by the Company shall not bear interest. The Client by accepting this agreement gives his express consent and waives any of his rights to receive any interest earned on his funds held on the bank accounts of the Company and consents that the Company will benefit from such interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts.
23.15. The Client agrees that the Company shall not be held liable or have any further obligation in the event that any credit or financial institution with which Segregated Funds are held defaults in its obligations with respect to the Segregated Funds.
Appears in 1 contract
Samples: Client Agreement
Client Money. 26.1. 26.1 Unless otherwise agreed with the Client in writing and to the extent allowed under Applicable Regulations, the Company will deal with any funds that it holds on the Client Account in accordance with the applicable Regulations. This means that Client funds will be segregated from the Company’s own money and cannot be used in the course of its business. The Company will promptly place any Client money into a Segregated Client Account.
26.2. 26.2 The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest.
26.3. 26.3 The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
26.4. 26.4 The Company may hold Client money and the money of other clients in the same bank account (omnibus account).
26.5. 26.5 The Company 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.
26.6. 26.6 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 in Cyprus MWALI and/or in the EEAEEA and Worldwide. The legal and regulatory regime applying to any such person will be the one applicable under Under the rules and laws of Cyprus MWALI and/or of the EEA and Worldwide and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money will be treated in accordance to the abovementioned applicable rules and laws applicable in Cyprus and/or in the EEAMWALI. The Company will not be liable for such a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that That person and/or acts or omissions of any other third party similar to the person referred in this clause.
26.7. 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 in any other country Worldwide and not in Cyprus and/or in the EEA. The legal and regulatory regime applying to any such person will be different from that of Cyprus and/or of the EEA and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money may be treated in accordance to the rules and laws of each and every other country Worldwide and such treatment might differ from the treatment which would apply if the money was held in a Segregated Account in Cyprus and/or in the EEA. The Company will not be liable for such a bankruptcy and/or solvency and/or any other equivalent act and/or omission and/or failure of that person and/or acts or omissions of any other third person similar to the person referred in this clause.
26.8. 26.7 The third party to whom the Company 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 the third party’s money. In the event of the insolvency, or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses.
26.9. 26.8 The third party to whom the Company 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 the third party’s money. The Client acknowledges that in case where a Company’s Bank Account is frozen for any given period and for any given reason the Company assumes no responsibility and Client’s funds will also be frozen.
26.10. 26.9 The Client agrees that, in the event that there has been no activity in the Client Account Balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items), the Company may release any Client’s money balances from the Segregated Account.
26.11. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title “Investors Compensation Fund” (Appendix III).
26.12. 26.10 The Company shall have a general lien on all funds held by the Company or its Associates or its nominees on the Client’s behalf until the satisfaction of his obligations.
26.13. 26.11 The Company will carry out reconciliations of records and Client Money with the records and accounts of the money the Company holds in Segregated Client Accounts on a daily basis. If a transfer is required to or from the Segregated Client Account this will be done by the close of business on the day that the reconciliation is performed. The Company has the right, but not an obligation, to carry out reconciliations and transfers more frequently, if it considers that this is necessary to protect the Company’s or a Client’s interests.
26.14. 26.12 Profit or loss in the currency of the Client Account is deposited in/withdrawn from the Client Account once the Transaction is closed.
26.15. 26.13 The funds credited to the Client’s Account by the Company shall not bear interest. The Client by accepting this agreement gives his express consent and waives any of his rights to receive any interest earned on his funds held on the bank accounts of the Company and consents that the Company will benefit from such interest earned to cover registration/ general expenses/ charges/ fees and interest related Related to the administration and maintenance of the bank accounts.
Appears in 1 contract
Samples: Client Agreement
Client Money. 26.1. Unless otherwise agreed with the Client in writing and to the extent allowed under Applicable Regulations, the Company will deal with any funds that it holds on the Client Account in accordance with the applicable Regulations. This means that Client funds will be segregated from the Company’s own money and cannot be used in the course of its business. The Company will promptly place any Client money into a Segregated Client Account.
26.2. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) ), and the Client waives all right to interest.
26.3. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
26.4. The Company may hold Client money and the money of other clients in the same bank account (omnibus account).
26.5. The Company 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.
26.6. Client money may be held on the Client’s behalf with an intermediate broker, a bank, a market, a settlement agent, a clearing house clearinghouse or OTC counterparty located in Cyprus Kuwait and/or in the EEAEEA and World Wide. The legal and regulatory regime applying to any such person will be the one applicable under the rules and laws of Cyprus Kuwait and/or of the EEA and worldwide and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money will be treated in accordance to the abovementioned applicable rules and laws applicable in Cyprus and/or in the EEAKuwait. The Company will not be liable for such a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person and/or acts or omissions of any other third party similar to the person referred in this clause.
26.7. Client money may be held on the Client’s behalf with an intermediate broker, a bank, a market, a settlement agent, a clearing house clearinghouse or OTC counterparty located in any other country Worldwide worldwide and not in Cyprus and/or in the EEAKuwait. The legal and regulatory regime applying to any such person will be different from that of Cyprus Kuwait and/or of the EEA World Wide and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money may be treated in accordance to the rules and laws of each and every other country Worldwide worldwide and such treatment might differ from the treatment which would apply if the money was held in a Segregated Account in Cyprus Kuwait and/or in the EEAworldwide. The Company will not be liable for such a bankruptcy and/or solvency and/or any other equivalent act and/or omission and/or failure of that person and/or acts or omissions of any other third person similar to the person referred in this clause.
26.8. The third third-party to whom the Company will pass money may hold it in an omnibus account account, and it may not be possible to separate it from the Client’s money, or the third party’s money. In the event of the insolvency, or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses.
26.9. The third third-party to whom the Company will pass money may hold it in an omnibus account account, and it may not be possible to separate it from the Client’s money, or the third party’s money. The Client acknowledges that in a case where a Company’s Bank Account is frozen for any given period and for any given reason reason, the Company assumes no responsibility and Client’s funds will also be frozen.
26.10. The Client agrees that, that in the event that there has been no activity in the Client Account Balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items), the Company may release any Client’s money balances from the Segregated Account.
26.11. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title “Investors Compensation Fund” (Appendix III).
26.12. The Company shall have a general lien on all funds held by the Company or its Associates or its nominees on the Client’s behalf until the satisfaction of his obligations.
26.1326.12. The Company will carry out reconciliations of records and Client Money with the records and accounts of the money the Company holds in Segregated Client Accounts on a daily basis. If a transfer is required to or from the Segregated Client Account Account, this will be done by the close of business on the day that the reconciliation is performed. The Company has the right, but not an obligation, to carry out reconciliations and transfers more frequently, if it considers that this is necessary to protect the Company’s or a Client’s interests.
26.1426.13. Profit or loss in the currency of the Client Account is deposited in/withdrawn from the Client Account once the Transaction is closed.
26.1526.14. The funds credited to the Client’s Account by the Company shall not bear interest. The Client by accepting this agreement Agreement gives his express consent and waives any of his rights to receive any interest earned on his funds held on the bank accounts of the Company and consents that the Company will benefit from such interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts.
Appears in 1 contract
Samples: CFDS Client Agreement
Client Money. 26.1. Unless otherwise agreed with the Client in writing and to the extent allowed under Applicable Regulations, the Company will deal with any funds that it holds on the Client Account in accordance with the applicable Regulations. This means that Client funds will be segregated from the Company’s own money and cannot be used in the course of its business. The Company will promptly place any Client money into a Segregated Client Account.
26.2. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest.
26.3. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
26.4. The Company may hold Client money and the money of other clients in the same bank account (omnibus account).
26.5. The Company 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.
26.6. 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 in Cyprus and/or in any country the EEACompany deems necessary. The legal and regulatory regime applying to any such person will be the one applicable under the rules and laws of Cyprus and/or of the EEA that country and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money will be treated in accordance to the abovementioned applicable rules and laws applicable in Cyprus and/or in the EEAthat country. The Company will not be liable for such a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person and/or acts or omissions of any other third party similar to the person referred in this clause.
26.7. 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 in any other country Worldwide and not in Cyprus and/or in the EEA. The legal and regulatory regime applying to any such person will be different from that of Cyprus and/or of the EEA and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money may be treated in accordance to the rules and laws of each and every other country Worldwide and such treatment might differ from the treatment which would apply if the money was held in a Segregated Account in Cyprus and/or in the EEA. The Company will not be liable for such a bankruptcy and/or solvency and/or any other equivalent act and/or omission and/or failure of that person and/or acts or omissions of any other third person similar to the person referred in this clause.
26.8. The third party to whom the Company 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 the third party’s money. In the event of the insolvency, or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses.
26.926.8. The third party to whom the Company 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 the third party’s money. The Client acknowledges that in case where a Company’s Bank Account is frozen for any given period and for any given reason the Company assumes no responsibility and Client’s funds will also be frozen.
26.1026.9. The Client agrees that, in the event that there has been no activity in the Client Account Balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items), the Company may release any Client’s money balances from the Segregated Account.
26.11. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title “Investors Compensation Fund” (Appendix III).
26.1226.10. The Company shall have a general lien on all funds held by the Company or its Associates or its nominees on the Client’s behalf until the satisfaction of his obligations.
26.1326.11. The Company will carry out reconciliations of records and Client Money with the records and accounts of the money the Company holds in Segregated Client Accounts on a daily basis. If a transfer is required to or from the Segregated Client Account this will be done by the close of business on the day that the reconciliation is performed. The Company has the right, but not an obligation, to carry out reconciliations and transfers more frequently, if it considers that this is necessary to protect the Company’s or a Client’s interests.
26.1426.12. Profit or loss in the currency of the Client Account is deposited in/withdrawn from the Client Account once the Transaction is closed.
26.1526.13. The funds credited to the Client’s Account by the Company shall not bear interest. The Client by accepting this agreement gives his express consent and waives any of his rights to receive any interest earned on his funds held on the bank accounts of the Company and consents that the Company will benefit from such interest earned to cover registration/ general expenses/ charges/ fees and interest related to the administration and maintenance of the bank accounts.
Appears in 1 contract
Samples: CFDS Client Agreement