Common use of CLIENTS FUNDS Clause in Contracts

CLIENTS FUNDS. The Company treats any funds received by the Client as Client’s Funds in accordance with the provisions of the Applicable Laws and Regulations regarding holding clients’ money. It is noted that funds belonging to the Client that will be used only for trading purposes will be kept in accounts with credit institutions pursuant to the Applicable Rules and Regulations. The Company holds Client’s money with authorised credit institutions in the Republic of Cyprus and the European Union, however it may also hold Client’s money in a bank established outside the European Union. The legal and regulatory regime applying to any such bank might 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 events in relation to that bank, Clients’ funds may be treated differently than if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. The Company has exercised all due care, skill and diligence in the selection, appointment and periodic review of such credit institutions and payment service providers. The Client’s funds are kept in bank accounts denominated as Clients’ funds and clearly segregated from the Company’s own funds. Funds deposited may be kept in one or more omnibus accounts with any authorised regulated credit institution which will be specified from time to time and will be held in the Company’s name denominated as Clients’ funds. The Company may hold Clients’ money in omnibus accounts with third party financial and credit institutions. In this respect, the Client is warned that there is a risk of loss emanating from the use of omnibus accounts in financial or credit institutions. Omnibus accounts may also hold other types of risks including legal, liquidation risk, haircut risk, third party risk etc. It is commonly understood that the Company may charge fees for withdrawals of money transferred out of Client’s Trading Account. It remains the Client’s responsibility to be aware at all times of the transfer fees and/or any other fees and charges which are charged directly by the credit institution and any other payment service providers which the Company collaborates. The full list of the payment service providers that the Company collaborates is available in its website, along with the competent authority which supervises them. Where the Company is facing a charge back from any financial institution, which chargeback relates to Client’s trading activity, the Company shall be entitled to provide such financial institution with such evidence of the Client relationship as may be necessary in order for the Company to demonstrate to the relevant financial institution the existence of a trading relationship and relevant trading activity. The Company informs each Client for whom holds financial instruments or funds, with information about his/her balances and open positions through the Trading Account. In addition to the above, FXBFI is a member of the Investor Compensation Fund (the “ICF”) for Clients of Cyprus Investment Firms (CIFs) under the requirements of the Law. The objective of the ICF is to secure any claims of the covered clients, i.e. Retail Clients, against members of the ICF. The main essence of the ICF is to compensate covered clients for any claims arising from the failure of a member of the ICF to fulfil its obligations towards its clients despite whether that obligation arises from the legislation, the client agreement or from wrongdoing on the part of the member of the ICF. The maximum limit of compensation coverage equals to 20.000EUR or 90% of the covered investor’s claim whichever is lower.

Appears in 4 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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CLIENTS FUNDS. The Company treats any funds received by the Client as Client’s Funds in accordance with the provisions of the Applicable Laws and Regulations regarding holding clients’ money. It is noted that funds belonging to the Client client that will be used only for trading purposes will be kept in an account with a bank or financial institution used to accept clients’ funds, which the Company will specify from time to time and will be held in a clients’ accounts with credit institutions pursuant to the Applicable Rules and Regulations. The Company holds Client’s money with authorised credit institutions in the Republic Company’s name. It is understood that the Company may hold funds on behalf of Cyprus and the European Union, however it may also hold Client’s money client in a bank established outside the European Union. The legal and regulatory regime applying to any such bank might 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 events in relation to that bank, Clients’ client’s funds may be treated differently than if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. The Company has exercised all due care, skill and diligence in Funds belonging to the selection, appointment and periodic review client that will be used for execution of such credit institutions and payment service providers. The Clientclient’s funds are transactions through EU regulated investment firms will be kept in bank accounts denominated maintained by the EU investment firms. In particular, the client’s funds will be transferred to the EU investment firm through which clients’ transactions will be executed in order to meet client’s obligation to provide collateral for a transaction (for example, a margin requirement). It is understood that the Company will ensure that the EU investment firm follows equivalent procedures with the Company as Clientsregards safeguarding of clients’ funds. In particular, the Company shall ensure that the EU investment firm keeps clients’ funds in segregated bank accounts in order to be separated from its own funds and clearly segregated from that regular reconciliations are performed as regards clients’ funds. The following steps have been taken by the Company’s own , in order to ensure the protection of clients’ financial instruments or funds. Funds deposited may : • Segregation: As per the provisions of this Agreement, funds belonging to the client that will be used for trading purposes will be kept in one or more omnibus accounts an account with any authorised regulated credit bank or financial institution used to accept clients’ funds which the Company will be specified specify from time to time and will be held in segregated from the Company’s name denominated as Clients’ own funds. The Company may hold Clients’ money in omnibus accounts with third party financial and credit institutions. In this respect, the Client is warned that there is a risk of loss emanating from the use of omnibus accounts in financial or credit institutions. Omnibus accounts may also hold other types of risks including legal, liquidation risk, haircut risk, third party risk etc. It is commonly understood that the Company may charge fees for withdrawals of money transferred out of Client’s Trading Account. It remains the Client’s responsibility to be aware at all times of the transfer fees and/or any other fees and charges which are charged directly by the credit institution and any other payment service providers which the Company collaborates. The full list of the payment service providers that the Company collaborates is available in its website, along with the competent authority which supervises them. Where the Company is facing a charge back from any financial institution, which chargeback relates to Client’s trading activity, the Company shall be entitled to provide such financial institution with such evidence of the Client relationship as may be necessary in order for the Company to demonstrate to the relevant financial institution the existence of a trading relationship and relevant trading activity. The Company informs each Client for whom holds financial instruments or funds, with information about his/her balances and open positions through the Trading Account. In addition to the above, FXBFI is a member of the Investor Compensation Fund (the “ICF”) for Clients of Cyprus Investment Firms (CIFs) under the requirements of the Law. The objective of the ICF is to secure any claims of the covered clients, i.e. Retail Clients, against members of the ICF. The main essence of the ICF is to compensate covered clients for any claims arising from the failure of a member of the ICF to fulfil its obligations towards its clients despite whether that obligation arises from the legislation, the client agreement or from wrongdoing on the part of the member of the ICF. The maximum limit of compensation coverage equals to 20.000EUR or 90% of the covered investor’s claim whichever is lower.

Appears in 3 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

CLIENTS FUNDS. The Company treats any funds received by the Client as Client’s Funds in accordance with the provisions of the Applicable Laws and Regulations regarding holding clients’ money. It is noted that funds belonging to the Client that will be used only for trading purposes will be kept in accounts with credit institutions pursuant to the Applicable Rules and Regulations. The Company holds Client’s money with authorised credit institutions in the Republic of Cyprus and the European Union, however it may also hold Client’s money in a bank established outside the European Union. The legal and regulatory regime applying to any such bank might 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 events in relation to that bank, Clients’ funds may be treated differently than if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. The Company has exercised all due care, skill and diligence in the selection, appointment and periodic review of such credit institutions and payment service providers. The Client’s funds are kept in bank accounts denominated as Clients’ funds and clearly segregated from the Company’s own funds. Funds deposited may be kept in one or more omnibus accounts with any authorised regulated credit institution which will be specified from time to time and will be held in the Company’s name denominated as Clients’ funds. The Company may hold Clients’ money in omnibus accounts with third party financial and credit institutions. In this respect, the Client is warned that there is a risk of loss emanating from the use of omnibus accounts in financial or credit institutions. Omnibus accounts may also hold other types of risks including legal, liquidation risk, haircut risk, third party risk etc. It is commonly understood that the Company may charge fees for withdrawals of money transferred out of Client’s Trading Account. It remains the Client’s responsibility to be aware at all times of the transfer fees and/or any other fees and charges which are charged directly by the credit institution and any other payment service providers which the Company collaborates. The full list of the payment service providers that the Company collaborates is available in its website, along with the competent authority which supervises them. Where the Company is facing a charge back from any financial institution, which chargeback relates to Client’s trading activity, the Company shall be entitled to provide such financial institution with such evidence of the Client relationship as may be necessary in order for the Company to demonstrate to the relevant financial institution the existence of a trading relationship and relevant trading activity. The Company informs each Client for whom holds financial instruments or funds, with information about his/her balances and open positions through the Trading Account. In addition to the above, FXBFI is a member of the Investor Compensation Fund (the “ICF”) for Clients of Cyprus Investment Firms (CIFs) under the requirements of the Law. The objective of the ICF is to secure any claims of the covered clients, i.e. Retail Clients, against members of the ICF. The main essence of the ICF is to compensate covered clients for any claims arising from the failure of a member of the ICF to fulfil its obligations towards its clients despite whether that obligation arises from the legislation, the client agreement or from wrongdoing on the part of the member of the ICF. The maximum limit of compensation coverage equals to 20.000EUR or 90% of the covered investor’s claim whichever is lower.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

CLIENTS FUNDS. The Company treats any funds received by the Client as Client’s Funds in accordance with the provisions of the Applicable Laws and Regulations regarding holding clients’ money. It is noted that funds belonging to the Client that will be used only for trading purposes will be kept in accounts with credit institutions pursuant to the Applicable Rules and Regulations. The Company holds Client’s money with authorised credit institutions in the Republic of Cyprus and the European Union, however it may also hold Client’s money in a bank established outside the European Union. The legal and regulatory regime applying to any such bank might 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 events in relation to that bank, Clients’ funds may be treated differently than if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. The Company has exercised all due care, skill and diligence in the selection, appointment and periodic review of such credit institutions and payment service providers. The Client’s funds are kept in bank accounts denominated as Clients’ funds and clearly segregated from the Company’s own funds. Funds deposited may be kept in one or more omnibus accounts with any authorised regulated credit institution which will be specified from time to time and will be held in the Company’s name denominated as Clients’ funds. The Company may hold Clients’ money in omnibus accounts with third party financial and credit institutions. In this respect, the Client is warned that there is a risk of loss emanating from the use of omnibus accounts in financial or credit institutions. Omnibus accounts may also hold other types of risks including legal, liquidation risk, haircut risk, third party risk etc. It is commonly understood that the Company may charge fees for withdrawals of money transferred out of Client’s Trading Account. It remains the Client’s responsibility to be aware at all times of the transfer fees and/or any other fees and charges which are charged directly by the credit institution and any other payment service providers which the Company collaborates. The full list of the payment service providers that the Company collaborates is available in its website, along with the competent authority which supervises them. Where the Company is facing a charge back from any financial institution, which chargeback relates to Client’s trading activity, the Company shall be entitled to provide such financial institution with such evidence of the Client relationship as may be necessary in order for the Company to demonstrate to the relevant financial institution the existence of a trading relationship and relevant trading activity. The Company informs each Client for whom holds financial instruments or funds, with information about his/her balances and open positions through the Trading Account. In addition to the above, FXBFI Royal Forex is a member of the Investor Compensation Fund (the “ICF”) for Clients of Cyprus Investment Firms (CIFs) under the requirements of the Law. The objective of the ICF is to secure any claims of the covered clients, i.e. Retail Clients, against members of the ICF. The main essence of the ICF is to compensate covered clients for any claims arising from the failure of a member of the ICF to fulfil its obligations towards its clients despite whether that obligation arises from the legislation, the client agreement or from wrongdoing on the part of the member of the ICF. The maximum limit of compensation coverage equals to 20.000EUR or 90% of the covered investor’s claim whichever is lower. Furthermore, Royal Forex Limited has entered the status of the Participant to the Temporary Permissions Regime (TPR), as a “TP Firm/Non-UK Investment Firm", further to its Notification to the Financial Conduct Authority (FCA) of the United Kingdom. Pursuant to the provisions of paragraph 17 of the Investment Services and Activities and Regulated Markets Law of 2007, the Company must subscribe and thus be a member of the Investor Compensation Fund (‘Fund’) of Investment Firms in Cyprus in order to provide investment services. Therefore, Royal Forex Limited is covered by the Fund and governed by the relevant Directive of CySEC, i.e. Directive DI87-07 for the operation of the Investors Compensation Fund. As a TP Firm, we must follow certain requirements relevant to the safeguarding of clients’ funds and financial instruments under both the CySEC and FCA regulations. In this respect, and as per CASS 14.5, please note that in case of our inability to pay you out due to our insolvency, you are entitled to a compensation under the Fund, provided that you are classified as a Retail Client, and therefore may submit your claim. Any compensation provided to you by the Fund shall not exceed twenty thousand EUR20,000 or 90% of the claimed amount, whichever is lower.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

CLIENTS FUNDS. The Company treats any funds received by the Client as Client’s Funds in accordance with the provisions of the Applicable Laws and Regulations regarding holding clients’ money. It is noted that funds belonging to the Client client that will be used only for trading purposes will be kept in accounts an account with credit institutions pursuant a bank or financial institution used to accept clients’ funds, which the Applicable Rules Company will specify from time to time and Regulations. The Company holds Client’s money with authorised credit institutions will be held in the Republic client’s name and/or the Company’s name. It is understood that the Company may hold funds on behalf of Cyprus and the European Union, however it may also hold Client’s money client in a bank established outside the European Union. The legal and regulatory regime applying to any such bank might 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 events in relation to that bank, Clients’ client’s funds may be treated differently than if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. The Company has exercised all due care, skill and diligence in Funds belonging to the selection, appointment and periodic review client that will be used for execution of such credit institutions and payment service providers. The Clientclient’s funds are transactions through EU regulated investment firms will be kept in bank accounts denominated maintained by the EU investment firms. In particular, the client’s funds will be transferred to the EU investment firm through which clients’ transactions will be executed in order to meet client’s obligation to provide collateral for a transaction (for example, a margin requirement). It is understood that the Company will ensure that the EU investment firm follows equivalent procedures with the Company as Clientsregards safeguarding of clients’ funds. In particular, the Company shall ensure that the EU investment firm keeps clients’ funds in segregated bank accounts in order to be separated from its own funds and clearly segregated from that regular reconciliations are performed as regards clients’ funds. The following steps have been taken by the Company’s own , in order to ensure the protection of clients’ financial instruments or funds. Funds deposited may : • Segregation: As per the provisions of this Agreement, funds belonging to the client that will be used for trading purposes will be kept in one or more omnibus accounts an account with any authorised regulated credit bank or financial institution used to accept clients’ funds which the Company will be specified specify from time to time and will be held in segregated from the Company’s name denominated as Clients’ own funds. The Company may hold Clients’ money in omnibus accounts with third party financial and credit institutions. In this respect, the Client is warned that there is a risk of loss emanating from the use of omnibus accounts in financial or credit institutions. Omnibus accounts may also hold other types of risks including legal, liquidation risk, haircut risk, third party risk etc. It is commonly understood that the Company may charge fees for withdrawals of money transferred out of Client’s Trading Account. It remains the Client’s responsibility to be aware at all times of the transfer fees and/or any other fees and charges which are charged directly by the credit institution and any other payment service providers which the Company collaborates. The full list of the payment service providers that the Company collaborates is available in its website, along with the competent authority which supervises them. Where the Company is facing a charge back from any financial institution, which chargeback relates to Client’s trading activity, the Company shall be entitled to provide such financial institution with such evidence of the Client relationship as may be necessary in order for the Company to demonstrate to the relevant financial institution the existence of a trading relationship and relevant trading activity. The Company informs each Client for whom holds financial instruments or funds, with information about his/her balances and open positions through the Trading Account. In addition to the above, FXBFI is a member of the Investor Compensation Fund (the “ICF”) for Clients of Cyprus Investment Firms (CIFs) under the requirements of the Law. The objective of the ICF is to secure any claims of the covered clients, i.e. Retail Clients, against members of the ICF. The main essence of the ICF is to compensate covered clients for any claims arising from the failure of a member of the ICF to fulfil its obligations towards its clients despite whether that obligation arises from the legislation, the client agreement or from wrongdoing on the part of the member of the ICF. The maximum limit of compensation coverage equals to 20.000EUR or 90% of the covered investor’s claim whichever is lower.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

CLIENTS FUNDS. The Company treats any funds received by the Client as Client’s Funds in accordance with the provisions of the Applicable Laws and Regulations regarding holding clients’ money. It is noted that funds belonging to the Client client that will be used only for trading purposes will be kept in an account with a bank or financial institution used to accept clients’ funds, which the Company will specify from time to time and will be held in a clients’ accounts with credit institutions pursuant to the Applicable Rules and Regulations. The Company holds Client’s money with authorised credit institutions in the Republic Company’s name. It is understood that the Company may hold funds on behalf of Cyprus and the European Union, however it may also hold Client’s money client in a bank established outside the European Union. The legal and regulatory regime applying to any such bank might 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 events in relation to that bank, Clients’ client’s funds may be treated differently than if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. Funds belonging to the client that will be used for execution of client’s transactions through EU regulated investment firms will be kept in bank accounts maintained by the EU investment firms. In particular, the client’s funds will be transferred to the EU investment firm through which clients’ transactions will be executed in order to meet client’s obligation to provide collateral for a transaction (for example, a margin requirement). It is understood that the Company will ensure that the EU investment firm follows equivalent procedures with the Company as regards safeguarding of clients’ funds. In particular, the Company shall ensure that the EU investment firm keeps clients’ funds in segregated bank accounts in order to be separated from its own funds and that regular reconciliations are performed as regards clients’ funds. The following steps have been taken by the Company, in order to ensure the protection of clients’ financial instruments or funds: • Segregation: As per the provisions of this Agreement, funds belonging to the client that will be used for trading purposes will be kept in an account with any bank or financial institution used to accept clients’ funds which the Company will specify from time to time and will be held segregated from the Company’s own funds. • Investor Compensation Fund: The Company being a member of the Investor Compensation Fund (“the (Fund” or “ICF”)) provides the Client, if he is being categorized as a retail client, with the security of receiving compensation from the Fund, for any claims arising from the malfunction on behalf of the Company or if the Company fails to fulfil its obligations, regardless of whether that obligation arises from a breach of applicable laws, the Agreement or from any wrongdoing by the Company. Further details in regard to the Fund are available in the Investor Compensation Fund document uploaded on the Company’s website. • Due diligence measures: The Company has exercised the obligation to exercise all due careskill, skill care and diligence in during the selection, appointment and periodic review of such the credit institutions and payment service providersinstitution, bank where clients’ funds are kept. The Client’s funds are kept in bank accounts denominated as Clients’ funds and clearly segregated from the Company’s own fundsdue diligence measures have been designed in such a manner so as to ensure, among others, that the good repute of such institutions is taken into consideration. Funds deposited may be kept in one or more omnibus accounts with any authorised regulated credit institution which will be specified from time to time and will be held in the Company’s name denominated as Clients’ funds. The Company may hold Clientsclientsmoney funds in omnibus accounts with third party financial and credit institutions. In this respectHence, the Client client is warned that there is a risk of loss emanating from the use of omnibus accounts in financial or credit institutions. Omnibus accounts may also hold other types of risks including legal, liquidation haircut risk, haircut liquidation risk, third party risk etcand others. It is commonly understood that any amount payable by the Company may charge fees to the client, shall be paid directly to the client, to a bank account the beneficial owner of which is the client. All withdrawals can only be processed if the company has received the “KYC Documents” of the client and the client has been verified by the Company, thus the account is considered as approved. • For further information and guidance on the documents accepted by the Company, please refer to our Guide The Company retains a right of set off and may, at its discretion, from time to time and without the client’s authorization, set-off any amounts held on behalf and/or to the credit of the client against the client’s obligation to the Company. The client commits to send the Company the KYC documents needed during the onboarding process as well as updated or additional ones. The Company keeps the right to disable the access to the client's trading account(s), without the client's approval, and after notifying the client in case the KYC process has not been completed. In the event of disabling the access to the trading account(s), the client can close opened trades by contacting the Company’s Brokerage department via phone or email during the office (regular) business hours, Monday - Friday 9:30 - 18:30 Cyprus time. The client has the right to withdraw the funds which are not used for withdrawals margin covering, free from any obligations from his account, without closing the said account, provided that the account has been approved following the verification of the client as per the applicable anti-money transferred out laundering laws governing the Company. The Company reserves the right to decline a withdrawal request if the request is not in accordance with certain conditions mentioned in this agreement or delay the processing of Client’s Trading Accountthe request if not satisfied with the documentation provided by the client. It remains the Client’s responsibility to be aware at all times of the transfer fees and/or any other fees and charges which are charged directly is understood by the credit institution and client that any other incurring bank fees will be paid by him, in case of funds’ withdrawals from his trading account to his designated bank account. The client is fully responsible for the payment service providers which details he has provided the Company collaborateswith and the Company accepts no responsibility if the client has provided false or inaccurate bank details. The full list client agrees that any amounts sent by the client’s bank accounts, will be deposited to the client’s trading account at the value date of the payment service received and net of any charges / fees charged by the bank account’s providers or any other intermediary involved in such transaction process. For the Company to accept any deposits made by the client, the identification of the client must by verified and ensure that the person depositing the funds is the client. If these conditions are not met, the Company reserves the right to refund/sent back to the source, the net amount deposited via the method used by the client. Xxxxxxxxxxx should be made using the same method used by the client to fund his trading account and to the same remitter. In the event that the Company collaborates is available in its website, along not fully satisfied with the competent authority which supervises them. Where the Company is facing documentation provided in relation to a charge back from any financial institution, which chargeback relates to Client’s trading activitywithdrawal request, the Company shall be entitled can request for additional documentation and if the request is not satisfied, the Company can reverse the withdrawal request and deposit the funds back to provide such financial institution with such evidence the client’s trading account. In the event that any amount received in the bank accounts is reversed by the bank account provider, at any time and for any reason, the Company will immediately reverse the affected deposit from the client’s trading account and further reserves the right to reverse any other type of transactions effected after the date of the Client relationship as may be necessary affected deposit. The client agrees to waive any of his rights to receive any interest earned in order for the money held in the Company’s clients bank account where clients’ funds are kept. Upon receiving a withdrawal request from a client, the Company follows the policy stated below that it will help ensure that all requests are processed efficiently and within the regulatory guidelines and time limits. As such, the Company reminds its clients that withdrawal requests can only be submitted online via the official “client area” on its website. For an efficient and smooth withdrawal process, the client understands and fully agrees that the following criteria need to demonstrate be satisfied before submitting a withdrawal request: 1. Full name (including first name and surname) on the beneficiary’s account matches the name on the trading account. 2. There is at least 100% free margin available. This requirement is in place to reduce the likelihood of a margin call / automatic stop out. 3. The withdrawal amount is less than or equal to the relevant financial institution account balance, 4. Full details about the existence of a trading relationship and relevant trading activity. The Company informs each Client for whom holds financial instruments or fundsmethod used to deposit, with information about his/her balances and open positions through including the Trading Account. In addition supporting documentation needed to process the withdrawal according to the above, FXBFI is method used to deposit i.e i. Bank reference letter or bank statement including the IBAN details. For bank wires or a member Copy of credit card for deposits made by credit card ii. Account statement by the Investor Compensation Fund clearing company for eWallets and deposits made through Payment Service Providers (the “ICFPSPs”) for Clients iii. Full details about the method of Cyprus Investment Firms (CIFs) under withdrawal. Please note that the requirements Company’s policy is to refund back to the source of the Laworiginal deposit provided it has received the information mentioned in point 4.i.-iii. The objective of Above before the ICF is to secure any claims of the covered clients, i.e. Retail Clients, against members of the ICF. The main essence of the ICF is to compensate covered clients for any claims arising from the failure of a member of the ICF to fulfil its obligations towards its clients despite whether that obligation arises from the legislation, the client agreement or from wrongdoing on the part of the member of the ICF. The maximum limit of compensation coverage equals to 20.000EUR or 90% of the covered investor’s claim whichever is lowerwithdrawal request.

Appears in 1 contract

Samples: Terms and Conditions

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CLIENTS FUNDS. The Company treats any funds received by the Client as Client’s Funds in accordance with the provisions of the Applicable Laws and Regulations regarding holding clients’ money. It is noted that funds belonging to the Client that will be used only for trading purposes will be kept in accounts with credit institutions pursuant to the Applicable Rules and Regulations. The Company holds Client’s money with authorised credit institutions in the Republic of Cyprus and the European Union, however it may also hold Client’s money in a bank established outside the European Union. The legal and regulatory regime applying to any such bank might 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 events in relation to that bank, Clients’ funds may be treated differently than if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. The Company has exercised all due care, skill and diligence in the selection, appointment and periodic review of such credit institutions and payment service providers. The Client’s funds are kept in bank accounts denominated as Clients’ funds and clearly segregated from the Company’s own funds. Funds deposited may be kept in one or more omnibus accounts with any authorised regulated credit institution which will be specified from time to time and will be held in the Company’s name denominated as Clients’ funds. The Company may hold Clients’ money in omnibus accounts with third party financial and credit institutions. In this respect, the Client is warned that there is a risk of loss emanating from the use of omnibus accounts in financial or credit institutions. Omnibus accounts may also hold other types of risks including legal, liquidation risk, haircut risk, third party risk etc. It is commonly understood that the Company may charge fees for withdrawals of money transferred out of Client’s Trading Account. It remains the Client’s responsibility to be aware at all times of the transfer fees and/or any other fees and charges which are charged directly by the credit institution and any other payment service providers which the Company collaborates. The full list of the payment service providers that the Company collaborates is available in its website, along with the competent authority which supervises them. Where the Company is facing a charge back from any financial institution, which chargeback relates to Client’s trading activity, the Company shall be entitled to provide such financial institution with such evidence of the Client relationship as may be necessary in order for the Company to demonstrate to the relevant financial institution the existence of a trading relationship and relevant trading activity. The Company informs each Client for whom holds financial instruments or funds, with information about his/her balances and open positions through the Trading Account. In addition to the above, FXBFI Royal Forex is a member of the Investor Compensation Fund (the “ICF”) for Clients of Cyprus Investment Firms (CIFs) under the requirements of the Law. The objective of the ICF is to secure any claims of the covered clients, i.e. Retail Clients, against members of the ICF. The main essence of the ICF is to compensate covered clients for any claims arising from the failure of a member of the ICF to fulfil its obligations towards its clients despite whether that obligation arises from the legislation, the client agreement or from wrongdoing on the part of the member of the ICF. The maximum limit of compensation coverage equals to 20.000EUR or 90% of the covered investor’s claim whichever is lower.

Appears in 1 contract

Samples: Client Agreement

CLIENTS FUNDS. The Company treats any funds received by the Client as Client’s Funds in accordance with the provisions of the Applicable Laws and Regulations regarding holding clients’ money. It is noted that funds belonging to the Client that will be used only for trading purposes will be kept in accounts with credit institutions pursuant to the Applicable Rules and Regulations. The Company holds Client’s money with authorised credit institutions in the Republic of Cyprus and the European Union, however it may also hold Client’s money in a bank established outside the European Union. The legal and regulatory regime applying to any such bank might 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 events in relation to that bank, Clients’ funds may be treated differently than if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. The Company has exercised all due care, skill and diligence in the selection, appointment and periodic review of such credit institutions and payment service providers. The Client’s funds are kept in bank accounts denominated as Clients’ funds and clearly segregated from the Company’s own funds. Funds deposited may be kept in one or more omnibus accounts with any authorised regulated credit institution which will be specified from time to time and will be held in the Company’s name denominated as Clients’ funds. The Company may hold Clients’ money in omnibus accounts with third party financial and credit institutions. In this respect, the Client is warned that there is a risk of loss emanating from the use of omnibus accounts in financial or credit institutions. Omnibus accounts may also hold other types of risks including legal, liquidation risk, haircut risk, third party risk etc. It is commonly understood that the Company may charge fees for withdrawals of money transferred out of Client’s Trading Account. It remains the Client’s responsibility to be aware at all times of the transfer fees and/or any other fees and charges which are charged directly by the credit institution and any other payment service providers which the Company collaborates. The full list of the payment service providers that the Company collaborates is available in its website, along with the competent authority which supervises them. Where the Company is facing a charge back from any financial institution, which chargeback relates to Client’s trading activity, the Company shall be entitled to provide such financial institution with such evidence of the Client relationship as may be necessary in order for the Company to demonstrate to the relevant financial institution the existence of a trading relationship and relevant trading activity. The Company informs each Client for whom holds financial instruments or funds, with information about his/her balances and open positions through the Trading Account. In addition to the above, FXBFI IFC Investments Cyprus Ltd is a member of the Investor Compensation Fund (hereafter the “ICF”) for Clients of Cyprus Investment Firms (CIFs) under the requirements of the Law. The objective of the ICF is to secure any claims of the covered clients, i.e. Retail Clients, against members of the ICF. The main essence of the ICF is to compensate covered clients for any claims arising from the failure of a member of the ICF to fulfil its obligations towards its clients despite whether that obligation arises from the legislation, the client agreement or from wrongdoing on the part of the member of the ICF. The maximum limit of compensation coverage equals to 20.000EUR or 90% of the covered investor’s claim whichever is lower.

Appears in 1 contract

Samples: Client Agreement

CLIENTS FUNDS. The Company treats any funds received by the Client as Client’s Funds in accordance with the provisions of the Applicable Laws and Regulations regarding holding clients’ money. It is noted that funds belonging to the Client that will be used only for trading purposes will be kept in accounts with credit institutions pursuant to the Applicable Rules and Regulations. The Company holds Client’s money with authorised credit institutions in the Republic of Cyprus and the European Union, however it may also hold Client’s money in a bank established outside the European Union. The legal and regulatory regime applying to any such bank might 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 events in relation to that bank, Clients’ funds may be treated differently than if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. The Company has exercised all due care, skill and diligence in the selection, appointment and periodic review of such credit institutions and payment service providers. The Client’s funds are kept in bank accounts denominated as Clients’ funds and clearly segregated from the Company’s own funds. Funds deposited may be kept in one or more omnibus accounts with any authorised regulated credit institution which will be specified from time to time and will be held in the Company’s name denominated as Clients’ funds. The Company may hold Clients’ money in omnibus accounts with third party financial and credit institutions. In this respect, the Client is warned that there is a risk of loss emanating from the use of omnibus accounts in financial or credit institutions. Omnibus accounts may also hold other types of risks including legal, liquidation risk, haircut risk, third party risk etc. It is commonly understood that the Company may charge fees for withdrawals of money transferred out of Client’s Trading Account. It remains the Client’s responsibility to be aware at all times of the transfer fees and/or any other fees and charges which are charged directly by the credit institution and any other payment service providers which the Company collaborates. The full list of the payment service providers that the Company collaborates is available in its website, along with the competent authority which supervises them. Where the Company is facing a charge back from any financial institution, which chargeback relates to Client’s trading activity, the Company shall be entitled to provide such financial institution with such evidence of the Client relationship as may be necessary in order for the Company to demonstrate to the relevant financial institution the existence of a trading relationship and relevant trading activity. The Company informs each Client for whom holds financial instruments or funds, with information about his/her balances and open positions through the Trading Account. In addition to the above, FXBFI Royal Forex is a member of the Investor Compensation Fund (the ICF”) for Clients of Cyprus Investment Firms (CIFs) under the requirements of the Law. The LawT.he objective of the ICF is to secure any claims of the covered clients, i.e. Retail Clients, against members of the ICF. The main essence of the ICF is to compensate covered clients for any claims arising from the failure of a member of the ICF to fulfil its obligations towards its clients despite whether that obligation arises from the legislation, the client agreement or from wrongdoing on the part of the member of the ICF. The maximum limit of compensation coverage equals to 20.000EUR or 90% of the covered investor’s claim whichever is lower.

Appears in 1 contract

Samples: Client Agreement

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