Common use of CLIENTS FUNDS Clause in Contracts

CLIENTS FUNDS. 15.1. The Company will promptly place any Client Funds it receives into one or more segregated account(s) with reliable financial institutions such as a bank or a credit institution and the Client Funds will be segregated from the Company’s own money and cannot be used in the course of its business. 15.2. The Company may hold Client Funds together with money of other Clients in the same account (omnibus account). 15.3. According to Applicable Regulations, for the purposes of safeguarding of Client Funds, the Company: a) keeps such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records are accurate and correspond to the Client Funds; b) conducts, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; c) at all times keeps Client Funds segregated from the Company’s own funds; d) does not use Client Funds in the course of its own business; e) takes the necessary steps to ensure that Client Funds deposited with a financial institution are held in an account(s) identified separately from any accounts used to hold funds of the Company; f) introduces adequate organizational arrangements to minimize the risks of the loss or diminution of Client Funds, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 15.4. According to Applicable Regulations, the Company exercises due skill, care and diligence in the selection and appointment and periodic review of the financial institutions and the arrangements for holding of Client Funds. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, diversification, as well as any legal or regulatory requirements or market practices related to holding of Client Funds that could adversely affect the Client’s rights. Diversification requirements will not apply to Client money placed with a third party merely for the purpose of executing a Transaction for the Client. 15.5. The Company may deposit Client Funds with a third party (i.e. Financial Institution, a market, a settlement agent, a clearing house or OTC counterparty) and the Company does not grant security interests, liens or rights of set-off over Client financial instruments or funds which enable third parties to dispose of the Client’s financial instruments or funds in order to recover debts that do not relate to the Client or provision of services to the Client are not permitted except where it is required by the applicable law in a third country jurisdiction in which the Client money may be held. If the Company will enter into such an agreement, it will amend this Client Agreement accordingly to reflect this. 15.6. The Company does not conclude title transfer financial collateral arrangements with any Client who is a retail Client for the purpose of securing or covering present or future, actual or contingent or prospective obligations of such Client.

Appears in 1 contract

Samples: Client Agreement

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CLIENTS FUNDS. 15.1. The Company will promptly place any Client Funds it receives into one or more segregated account(s) with reliable financial institutions such as a bank or a credit institution and the Client Funds funds will be segregated from the Company’s own money and cannot be used in the course of its business. 15.2. The Company may hold Client Funds together with money of other Clients clients in the same account (omnibus account). 15.3. 15.3 According to Applicable Regulations, for the purposes of safeguarding of Client Funds, the Company: (a) keeps such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records are accurate and correspond to the Client Funds; (b) conducts, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) at all times keeps Client Funds segregated from the Company’s own funds; (d) does not use Client Funds in the course of its own business; (e) takes the necessary steps to ensure that Client Funds deposited with a financial institution are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) introduces adequate organizational arrangements to minimize the risks of the loss or diminution of Client Funds, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 15.4. 15.4 According to Applicable Regulations, the Company exercises due skill, care and diligence in the selection and appointment and periodic review of the financial institutions and the arrangements for holding of Client Funds. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, diversification, as well as any legal or regulatory requirements or market practices related to holding of Client Funds that could adversely affect the Client’s rights. Diversification requirements will not apply to Client client money placed with a third party merely for the purpose of executing a Transaction for the Client. 15.5. The Company may deposit Client Funds with a third party (i.e. Financial Institution, a market, a settlement agent, a clearing house or OTC counterparty) and the Company does not grant security interests, liens or rights of set-off over Client financial instruments or funds which enable third parties to dispose of the Client’s financial instruments or funds in order to recover debts that do not relate to the Client or provision of services to the Client are not permitted except where it is required by the applicable law in a third country jurisdiction in which the Client money may be held. If the Company will enter into such an agreement, it will amend this Client Agreement accordingly to reflect this. 15.6. The Company does not conclude title transfer financial collateral arrangements with any Client who is a retail Client for the purpose of securing or covering present or future, actual or contingent or prospective obligations of such Client.

Appears in 1 contract

Samples: Client Agreement

CLIENTS FUNDS. 15.1. The Company will promptly place any Client Funds it receives into one or more segregated account(s) with reliable financial institutions such as a bank or a credit institution and the Client Funds will be segregated from the Company’s own money and cannot be used in the course of its business.. BDSwiss Holding Ltd is licensed and regulated by the Cyprus Securities and Exchange Commission, License No 199/13 Address: Xxxxxxxxx Xxxxxx Xxxxxx 11, Hyper Tower, 4th Floor, 4007 Mesa Yeitonia, Limassol, Cyprus Tel: +000 00 000 000 | Fax: +000 00 000 000 | Email: xxxxxxx@xxxxxxx.xxx 15.2. The Company may hold Client Funds together with money of other Clients in the same account (omnibus account). 15.3. According to Applicable Regulations, for the purposes of safeguarding of Client Funds, the Company: a) keeps such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records are accurate and correspond to the Client Funds; b) conducts, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; c) at all times keeps Client Funds segregated from the Company’s own funds; d) does not use Client Funds in the course of its own business; e) takes the necessary steps to ensure that Client Funds deposited with a financial institution are held in an account(s) identified separately from any accounts used to hold funds of the Company; f) introduces adequate organizational arrangements to minimize the risks of the loss or diminution of Client Funds, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 15.4. According to Applicable Regulations, the Company exercises due skill, care and diligence in the selection and appointment and periodic review of the financial institutions and the arrangements for holding of Client Funds. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, diversification, as well as any legal or regulatory requirements or market practices related to holding of Client Funds that could adversely affect the Client’s rights. Diversification requirements will not apply to Client money placed with a third party merely for the purpose of executing a Transaction for the Client. 15.5. The Company may deposit Client Funds with a third party (i.e. Financial Institution, a market, a settlement agent, a clearing house or OTC counterparty) and the Company does not grant security interests, liens or rights of set-off over Client financial instruments or funds which enable third parties to dispose of the Client’s financial instruments or funds in order to recover debts that do not relate to the Client or provision of services to the Client are not permitted except where it is required by the applicable law in a third country jurisdiction in which the Client money may be held. If the Company will enter into such an agreement, it will amend this Client Agreement accordingly to reflect this. 15.6. The Company does not conclude title transfer financial collateral arrangements with any BDSwiss Holding Ltd is licensed and regulated by the Cyprus Securities and Exchange Commission, License No 199/13 Address: Xxxxxxxxx Xxxxxx Xxxxxx 11, Hyper Tower, 4th Floor, 4007 Mesa Yeitonia, Limassol, Cyprus Tel: +000 00 000 000 | Fax: +000 00 000 000 | Email: xxxxxxx@xxxxxxx.xxx Client who is a retail Client for the purpose of securing or covering present or future, actual or contingent or prospective obligations of such Client.

Appears in 1 contract

Samples: Client Agreement

CLIENTS FUNDS. 15.1. The Company will promptly place any Client Funds it receives into one or more segregated account(s) with reliable financial institutions such as a bank or a credit institution and the Client Funds funds will be segregated from the Company’s own money and cannot be used in the course of its business. 15.2. The Company may hold Client Funds together with money of other Clients clients in the same account (omnibus account). 15.3. According to Applicable Regulations, for the purposes of safeguarding of Client Funds, the Company: a) keeps such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records are accurate and correspond to the Client Funds; b) conducts, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; c) at all times keeps Client Funds segregated from the Company’s own funds; d) does not use Client Funds in the course of its own business; e) takes the necessary steps to ensure that Client Funds deposited with a financial institution are held in an account(s) identified separately from any accounts used to hold funds of the Company; f) introduces adequate organizational arrangements to minimize the risks of the loss or diminution of Client Funds, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 15.4. According to Applicable Regulations, the Company exercises due skill, care and diligence in the selection and appointment and periodic review of the financial institutions and the arrangements for holding of Client Funds. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, diversification, as well as any legal or regulatory requirements or market practices related to holding of Client Funds that could adversely affect the Client’s rights. Diversification requirements will not apply to Client client money placed with a third party merely for the purpose of executing a Transaction for the Client. 15.5. The Company may deposit Client Funds with a third party (i.e. Financial Institution, a market, a settlement agent, a clearing house or OTC counterparty) and the Company does not grant security interests, liens or rights of set-off over Client client financial instruments or funds which enable third parties to dispose of the Clientclient’s financial instruments or funds in order to recover debts that do not relate to the Client client or provision of services to the Client client are not permitted except where it is required by the applicable law in a third country jurisdiction in which the Client client money may be held. If the Company will enter into such an agreement, it will amend this Client Agreement accordingly to reflect this. 15.6. The Company does not conclude title transfer financial collateral arrangements with any Client who is a retail Client client for the purpose of securing or covering present or future, actual or contingent or prospective obligations of such Client.

Appears in 1 contract

Samples: Client Agreement

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CLIENTS FUNDS. 15.1. The Company will promptly place any Client Funds it receives into one or more segregated account(s) with reliable financial institutions such as a bank or a credit institution and the Client Funds will be segregated from the Company’s own money and cannot be used in the BDSwiss Holding Ltd is licensed and regulated by the Cyprus Securities and Exchange Commission, License No 199/13 Address: Xxxxxxxxx Xxxxxx Xxxxxx 11, Hyper Tower, 4th Floor, 4007 Mesa Yeitonia, Limassol, Cyprus Tel: +000 00 000 000 | Fax: +000 00 000 000 | Email: xxxxxxx@xxxxxxx.xxx course of its business. 15.2. The Company may hold Client Funds together with money of other Clients in the same account (omnibus account). 15.3. According to Applicable Regulations, for the purposes of safeguarding of Client Funds, the Company: a) keeps such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records are accurate and correspond to the Client Funds; b) conducts, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; c) at all times keeps Client Funds segregated from the Company’s own funds; d) does not use Client Funds in the course of its own business; e) takes the necessary steps to ensure that Client Funds deposited with a financial institution are held in an account(s) identified separately from any accounts used to hold funds of the Company; f) introduces adequate organizational arrangements to minimize the risks of the loss or diminution of Client Funds, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 15.4. According to Applicable Regulations, the Company exercises due skill, care and diligence in the selection and appointment and periodic review of the financial institutions and the arrangements for holding of Client Funds. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, diversification, as well as any legal or regulatory requirements or market practices related to holding of Client Funds that could adversely affect the Client’s rights. Diversification requirements will not apply to Client money placed with a third party merely for the purpose of executing a Transaction for the Client. 15.5. The Company may deposit Client Funds with a third party (i.e. Financial Institution, a market, a settlement agent, a clearing house or OTC counterparty) and the Company does not grant security interests, liens or rights of set-off over Client financial instruments or funds which enable third parties to dispose of the Client’s financial instruments or funds in order to recover debts that do not relate to the Client or provision of services to the Client are not permitted except where it is required by the applicable law in a third country jurisdiction in which the Client money may be held. If the Company will enter into such an agreement, it will amend this Client Agreement accordingly to reflect this.. BDSwiss Holding Ltd is licensed and regulated by the Cyprus Securities and Exchange Commission, License No 199/13 Address: Xxxxxxxxx Xxxxxx Xxxxxx 11, Hyper Tower, 4th Floor, 4007 Mesa Yeitonia, Limassol, Cyprus Tel: +000 00 000 000 | Fax: +000 00 000 000 | Email: xxxxxxx@xxxxxxx.xxx 15.6. The Company does not conclude title transfer financial collateral arrangements with any Client who is a retail Client for the purpose of securing or covering present or future, actual or contingent or prospective obligations of such Client.

Appears in 1 contract

Samples: Client Agreement

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