Common use of Custody of Investments Clause in Contracts

Custody of Investments. 4.1) You authorise Us to arrange for title to Client Assets to be registered or recorded in the name of: i) You (the Client), ii) a UK nominee company controlled by Us; an affiliated company of Us or; a third party with whom financial instruments are deposited; as bare trustee for each Client, or iii) We or one or more sub-custodians chosen by Us, provided We or the sub-custodian are prevented from registering or recording legal title as set out in i) or ii). 4.2) Client Assets will be held in omnibus accounts and be registered collectively in the same name for all Clients and therefore the individual entitlements of each Client may not be identifiable by separate certificates or other physical documents of title. If We were to become insolvent, any shortfall in securities so registered would be shared pro rata among the Clients concerned. 4.3) Where instructed to do so, or where We consider it to be in Your best interests to do so, We mayarrangefor athird partytoprovidecustodyand/ orsettlementservicesinrelationtocertainClient Assets. Where the third party is an Affiliate of Us, Wewillberesponsible for theserviceprovided by the third party to the same extent as if the service had been provided by Us. 4.4) Where services are provided by a third party which is not an Affiliate of Us, We will exercise reasonable care and due diligence in selecting themand monitoring their performance, but do not guarantee proper performance by the third party and We will not be responsible if the third party fails to meet its obligations. This means that if the third party defaults or becomes insolvent, You may lose some orallofYourassetsandwillnotnecessarilybe entitled to compensation from Us. Including, in circumstances where it is not possible under the relevant national law and the registration under clause 4.1 to identify the Client Assets from the proprietary assets of the third-party firm. We will inform You and provide further details if a third party is to be used in this way. 4.7) Where We provide services in respect of Securities which are held by a third party in, or which are subject to the law or market practice of, a country outside the United Kingdom, the settlement, legal and regulatory requirements in the relevant overseas jurisdiction may be different from those in the United Kingdom and there may be different practices for the separate identification of securities. We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme up to a maximum of £85,000 (or such other value covered from time to time by the FSCS) for investment claims We cannot meet Our obligations. Further information about compensation arrangements is available from the FSCS directly. Website: xxx.xxxx.xxx.xx In the event that we decide to change custodian or otherwise transfer all or part of our business to a third party, you accept that we may transfer any cash or assets on your account to the new custodian or third party without seeking your further consent. Cash or assets would be transferred in accordance with the FCA rules.

Appears in 1 contract

Samples: Custody Service Agreement

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Custody of Investments. 4.1) You authorise Us to arrange for title to Client Assets to be registered or recorded in the name of: i) You (the Client), ii) a UK nominee company controlled by Us; an affiliated company of Us or; a third party with whom financial instruments are deposited; as bare trustee for each Client, or iii) We or one or more sub-custodians chosen by Us, provided We or the sub-custodian are prevented from registering or recording legal title as set out in i) or ii). 4.2) Client Assets will be held in omnibus accounts and be registered collectively in the same name for all Clients and therefore the individual entitlements of each Client may not be identifiable by separate certificates or other physical documents of title. If We were to become insolvent, any shortfall in securities so registered would be shared pro rata among the Clients concerned. 4.3) Where instructed to do so, or where We consider it to be in Your best interests to do so, We mayarrangefor athird mayarrangeforathird partytoprovidecustodyand/ orsettlementservicesinrelationtocertainClient Assets. Where the third party is an Affiliate of Us, Wewillberesponsible for theserviceprovided by the Wewillberesponsiblefortheserviceprovided bythe third party to the same extent as if the service had been provided by Us. 4.4) Where services are provided by a third party which is not an Affiliate of Us, We will exercise reasonable care and due diligence in selecting themand monitoring their performance, but do not guarantee proper performance by the third party and We will not be responsible if the third party fails to meet its obligations. This means that if the third party defaults or becomes insolvent, You may lose some orallofYourassetsandwillnotnecessarilybe entitled orallofYourassetsandwillnotnecessarilybeentitled to compensation from Us. Including, in circumstances where it is not possible under the relevant national law and the registration under clause 4.1 to identify the Client Assets from the proprietary assets of the third-third party firm. We will inform You and provide further details if a third party is to be used tobeused in this way. 4.74.5) Where We provide services in respect of Securities which are held by a third party in, or which are subject to the law or market practice of, a country outside the United Kingdom, the settlement, legal and regulatory requirements in the relevant overseas jurisdiction may be different from those in the United Kingdom and there may be different practices for the separate identification of securities. . 4.6) We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme up to a maximum of £85,000 50,000 (or such other value covered from time to time by the FSCS) for investment claims We cannot meet Our obligations. Further information about compensation arrangements is available from the FSCS directly. Website: xxx.xxxx.xxx.xx In the event that we decide to change custodian or otherwise transfer all or part of our business to a third party, you accept that we may transfer any cash or assets on your account to the new custodian or third party without seeking your further consent. Cash or assets would be transferred in accordance with the FCA rules.xxx.xxxx.xxx.xx

Appears in 1 contract

Samples: Custody Service Agreement

Custody of Investments. 4.1) You authorise Us to arrange for title to Client Assets to be registered or recorded in the name of: i) You (the Client), ii) a UK nominee company controlled by Us; an affiliated company of Us or; a third party with whom financial instruments are deposited; as bare trustee for each Client, or iii) We or one or more sub-custodians chosen by Us, provided We or the sub-custodian are prevented from registering or recording legal title as set out in i) or ii). 4.2) Client Assets will be held in omnibus accounts and be registered collectively in the same name for all Clients and therefore the individual entitlements of each Client may not be identifiable by separate certificates or other physical documents of title. If We were to become insolvent, any shortfall in securities so registered would be shared pro rata among the Clients concerned. 4.3) Where instructed to do so, or where We consider it to be in Your best interests to do so, We mayarrangefor athird mayarrangeforathird partytoprovidecustodyand/ orsettlementservicesinrelationtocertainClient Assets. Where the third party is an Affiliate of Us, Wewillberesponsible for theserviceprovided by the Wewillberesponsiblefortheserviceprovidedbythe third party to the same extent as if the service had been provided by Us. 4.4) Where services are provided by a third party which is not an Affiliate of Us, We will exercise reasonable care and due diligence in selecting themand monitoring their performance, but do not guarantee proper performance by the third party and We will not be responsible if the third party fails to meet its obligations. This means that if the third party defaults or becomes insolvent, You may lose some orallofYourassetsandwillnotnecessarilybe entitled orallofYourassetsandwillnotnecessarilybeentitled to compensation from Us. Including, in circumstances where it is not possible under the relevant national law and the registration under clause 4.1 to identify the Client Assets from the proprietary assets of the third-party firm. We will inform You and provide further details if a third party is to be used tobeused in this way. 4.74.5) Where We provide services in respect of Securities which are held by a third party in, or which are subject to the law or market practice of, a country outside the United Kingdom, the settlement, legal and regulatory requirements in the relevant overseas jurisdiction may be different from those in the United Kingdom and there may be different practices for the separate identification of securities. . 4.6) We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme up to a maximum of £85,000 50,000 (or such other value covered from time to time by the FSCS) for investment claims We cannot meet Our obligations. Further information about compensation arrangements is available from the FSCS directly. Website: xxx.xxxx.xxx.xx In the event that we decide to change custodian or otherwise transfer all or part of our business to a third party, you accept that we may transfer any cash or assets on your account to the new custodian or third party without seeking your further consent. Cash or assets would be transferred in accordance with the FCA rules.xxx.xxxx.xxx.xx

Appears in 1 contract

Samples: Custody Service Agreement

Custody of Investments. 4.1) You authorise Us to arrange for title to Client Assets to be registered or recorded in the name of: i) You (the Client), ii) a UK nominee company controlled by Us; an affiliated company of Us or; a third party with whom financial instruments are deposited; as bare trustee for each Client, or iii) We or one or more sub-custodians chosen by Us, provided We or the sub-custodian are prevented from registering or recording legal title as set out in i) or ii). 4.2) Client Assets will be held in omnibus accounts and be registered collectively in the same name for all Clients and therefore the individual entitlements of each Client may not be identifiable by separate certificates or other physical documents of title. If We were to become insolvent, any shortfall in securities so registered would be shared pro rata among the Clients concerned. 4.3) Where instructed to do so, or where We consider it to be in Your best interests to do so, We mayarrangefor mayarrange for athird partytoprovidecustodyand/ orsettlementservicesinrelationtocertainClient orsettlementservices inrelationtocertainClient Assets. Where the third party is an Affiliate of Us, Wewillberesponsible Wewill beresponsible for theserviceprovided by the bythe third party to the same extent as if the service had been provided by Us. 4.4) Where services are provided by a third party which is not an Affiliate of Us, We will exercise reasonable care and due diligence in selecting themand monitoring their performance, but do not guarantee proper performance by the third party and We will not be responsible if the third party fails to meet its obligations. This means that if the third party defaults or becomes insolvent, You may lose some orallofYourassetsandwillnotnecessarilybe entitled or all ofYourassetsandwillnotnecessarily beentitled to compensation from Us. Including, in circumstances where it is not possible under the relevant national law and the registration under clause 4.1 to identify the Client Assets from the proprietary assets of the third-party firm. We will inform You and provide further details if a third party is to be used in this way. 4.7) Where We provide services in respect of Securities which are held by a third party in, or which are subject to the law or market practice of, a country outside the United Kingdom, the settlement, legal and regulatory requirements in the relevant overseas jurisdiction may be different from those in the United Kingdom and there may be different practices for the separate identification of securities. We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme up to a maximum of £85,000 (or such other value covered from time to time by the FSCS) for investment claims We cannot meet Our obligations. Further information about compensation arrangements is available from the FSCS directly. Website: xxx.xxxx.xxx.xx In the event that we decide to change custodian or otherwise transfer all or part of our business to a third party, you accept that we may transfer any cash or assets on your account to the new custodian or third party without seeking your further consent. Cash or assets would be transferred in accordance with the FCA rules.

Appears in 1 contract

Samples: Service Agreement

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Custody of Investments. 4.1) You authorise Us to arrange for title to Client Assets to be registered or recorded in the name of: i) You (the Client), ii) a UK nominee company controlled by Us; an affiliated company of Us or; a third party with whom financial instruments are deposited; as bare trustee for each Client, or iii) We or one or more sub-custodians chosen by Us, provided We or the sub-custodian are prevented from registering or recording legal title as set out in i) or ii). 4.2) Client Assets will be held in omnibus accounts and be registered collectively in the same name for all Clients and therefore the individual entitlements of each Client may not be identifiable by separate certificates or other physical documents of title. If We were to become insolvent, any shortfall in securities so registered would be shared pro rata among the Clients concerned. 4.3) Where instructed to do so, or where We consider it to be in Your best interests to do so, We mayarrangefor athird mayarrangeforathird partytoprovidecustodyand/ orsettlementservicesinrelationtocertainClient Assets. Where the third party is an Affiliate of Us, Wewillberesponsible for theserviceprovided by the Wewillberesponsiblefortheserviceprovided bythe third party to the same extent as if the service had been provided by Us. 4.4) Where services are provided by a third party which is not an Affiliate of Us, We will exercise reasonable care and due diligence in selecting themand monitoring their performance, but do not guarantee proper performance by the third party and We will not be responsible if the third party fails to meet its obligations. This means that if the third party defaults or becomes insolvent, You may lose some orallofYourassetsandwillnotnecessarilybe entitled orallofYourassetsandwillnotnecessarilybeentitled to compensation from Us. Including, in circumstances where it is not possible under the relevant national law and the registration under clause 4.1 to identify the Client Assets from the proprietary assets of the third-third party firm. We will inform You and provide further details if a third party is to be used beused in this way. 4.74.5) Where We provide services in respect of Securities which are held by a third party in, or which are subject to the law or market practice of, a country outside the United Kingdom, the settlement, legal and regulatory requirements in the relevant overseas jurisdiction may be different from those in the United Kingdom and there may be different practices for the separate identification of securities. . 4.6) We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme up to a maximum of £85,000 (or such other value covered from time to time by the FSCS) for investment claims We cannot meet Our obligations. Further information about compensation arrangements is available from the FSCS directly. Website: xxx.xxxx.xxx.xx In the event that we decide to change custodian or otherwise transfer all or part of our business to a third party, you accept that we may transfer any cash or assets on your account to the new custodian or third party without seeking your further consent. Cash or assets would be transferred in accordance with the FCA rules.

Appears in 1 contract

Samples: Custody Service Agreement

Custody of Investments. 4.1) You authorise Us to arrange for title to Client Assets to be registered or recorded in the name of: i) You (the Client), ii) a UK nominee company controlled by Us; an affiliated company of Us or; a third party with whom financial instruments are deposited; as bare trustee for each Client, or iii) We or one or more sub-custodians chosen by Us, provided We or the sub-custodian are prevented from registering or recording legal title as set out in i) or ii). 4.2) Client Assets will be held in omnibus accounts and be registered collectively in the same name for all Clients and therefore the individual entitlements of each Client may not be identifiable by separate certificates or other physical documents of title. If We were to become insolvent, any shortfall in securities so registered would be shared pro rata among the Clients concerned. 4.3) Where instructed to do so, or where We consider it to be in Your best interests to do so, We mayarrangefor athird mayarrangeforathird partytoprovidecustodyand/ orsettlementservicesinrelationtocertainClient Assets. Where the third party is an Affiliate of Us, Wewillberesponsible for theserviceprovided by the Wewillberesponsiblefortheserviceprovidedbythe third party to the same extent as if the service had been provided by Us. 4.4) Where services are provided by a third party which is not an Affiliate of Us, We will exercise reasonable care and due diligence in selecting themand monitoring their performance, but do not guarantee proper performance by the third party and We will not be responsible if the third party fails to meet its obligations. This means that if the third party defaults or becomes insolvent, You may lose some orallofYourassetsandwillnotnecessarilybe entitled orallofYourassetsandwillnotnecessarilybeentitled to compensation from Us. Including, in circumstances where it is not possible under the relevant national law and the registration under clause 4.1 to identify the Client Assets from the proprietary assets of the third-party firm. We will inform You and provide further details if a third party is to be used tobeused in this way. 4.74.5) Where We provide services in respect of Securities which are held by a third party in, or which are subject to the law or market practice of, a country outside the United Kingdom, the settlement, legal and regulatory requirements in the relevant overseas jurisdiction may be different from those in the United Kingdom and there may be different practices for the separate identification of securities. . 4.6) We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme up to a maximum of £85,000 (or such other value covered from time to time by the FSCS) for investment claims We cannot meet Our obligations. Further information about compensation arrangements is available from the FSCS directly. Website: xxx.xxxx.xxx.xx In the event that we decide to change custodian or otherwise transfer all or part of our business to a third party, you accept that we may transfer any cash or assets on your account to the new custodian or third party without seeking your further consent. Cash or assets would be transferred in accordance with the FCA rules.

Appears in 1 contract

Samples: Custody Service Agreement

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