Custody of Your Investments. Unless we have been instructed to the contrary, investments in registered form which are purchased through us shall be registered or otherwise recorded in the name of our nominee (RCBIM Nominees Limited, a non profit-making wholly owned subsidiary of X.X. Xxxxx Investment Management PLC) or, in the case of overseas investments or collective funds, in the name of a custodian or nominee permitted by the Rules of the FCA. Where an investment is not required to be registered, documents evidencing title to the investment will be held by us or a third party custodian. Title to all investments held under an Individual Savings Account will always be registered in the name of RCBIM Nominees Limited or in the joint names of you and RCBIM Nominees Limited. Your Investments registered or recorded in the name of our nominee will be pooled with those of our other clients. Accordingly, your individual entitlements may not be identifiable by separate certificates, physical documents, or entries on the register. In the event that it is not feasible to register or record your assets in a name other than that of RCBIM or a third party custodian by virtue of national law, it is possible that the applicable national law would not separately identify your assets from the proprietary designated investments of the third party or us. In the event of a shortfall which cannot be reconciled after any default you may not receive your full entitlement but may share in that shortfall in proportion to your original share of the assets in the pool. You may be covered for this loss under the Financial Services Compensation Scheme, further details of which are provided in paragraph 25 of this Agreement. In overseas jurisdictions your investments may not be segregated from investments belonging to us and/or the eligible custodian and in the event of the default or insolvency of a third party, you may not recover all of your assets. Also overseas investments may be subject to different settlement, legal and regulatory requirements than those which apply within the UK. Your assets will therefore only be held with custodians in overseas jurisdictions where the nature of the investment in question makes it necessary. We are responsible for the acts of our nominee to the same extent as for our own acts. We do not, however, accept responsibility for the acts or omissions of any custodians unless losses arise directly from our own fraud, wilful default or negligence. RCBIM will not be responsible for third party custodians where it has exercised due skill, care and diligence in the selection, appointment and periodic review of their arrangements. No document evidencing legal title to any of your investments will be lent to a third party. Investments will not be used as security for any loan and you will not be allowed to charge your investments by way of a legal or equitable mortgage without our prior written consent (which will not be provided in the case of investments held under an Individual Savings Account). Statements of the assets which we hold on your behalf will be sent to you quarterly. If there is no movement on your portfolio for a period of 12 years (excluding any payment or receipt of charges, interest or similar items) and we are unable to contact you, we may cease to treat your assets as client assets and pay them to a registered charity of our choice. We will always endeavour to contact you before doing this. We will, however, make and retain a record of the holdings in your portfolio before we stop treating them as client assets and we undertake to reimburse the value of your holdings if you submit a valid claim.
Appears in 2 contracts
Samples: Terms of Business, Terms of Business
Custody of Your Investments. Unless we have been instructed to the contrary, contrary investments in registered form which are purchased through us shall be registered or otherwise recorded in the name of our nominee (RCBIM Nominees Limited, a non profit-making wholly owned subsidiary of X.X. Xxxxx Investment Management PLC) or, in the case of overseas investments or collective funds, in the name of a custodian or nominee permitted by the Rules of the FCA. Where an investment is not required to be registered, documents evidencing title to the investment will be held by us or a third party custodian. Title to all investments held under an Individual Savings Account will always be registered in the name of RCBIM Nominees Limited or in the joint names of you and RCBIM Nominees Limited. Your Investments registered or recorded in the name of our nominee will be pooled with those of our other clients. Accordingly, your individual entitlements may not be identifiable by separate certificates, physical documents, or entries on the register. In the event that it is not feasible to register or record your assets in a name other than that of RCBIM or a third party custodian by virtue of national law, it is possible that the applicable national law would not separately identify your assets from the proprietary designated investments of the third party or us. In the event of a shortfall which cannot be reconciled after any default you may not receive your full entitlement but may share in that shortfall in proportion to your original share of the assets in the pool. You may be covered for this loss under the Financial Services Compensation Scheme, further details of which are provided in paragraph 25 24 of this Agreement. In overseas jurisdictions your investments may not be segregated from investments belonging to us and/or the eligible custodian and in the event of the default or insolvency of a third party, you may not recover all of your assets. Also overseas investments may be subject to different settlement, legal and regulatory requirements than those which apply within the UK. Your assets will therefore only be held with custodians in overseas jurisdictions where the nature of the investment in question makes it necessary. We are responsible for the acts of our nominee to the same extent as for our own acts. We do not, however, accept responsibility for the acts or omissions of any custodians unless losses arise directly from our own fraud, wilful willful default or negligence. RCBIM will not be responsible for third party custodians where it has exercised due skill, care and diligence in the selection, appointment and periodic review of their arrangements. No document evidencing legal title to any of your investments will be lent to a third party. Investments will not be used as security for any loan and you will not be allowed to charge your investments by way of a legal or equitable mortgage without our prior written consent (which will not be provided in the case of investments held under an Individual Savings Account). Statements of the assets which we hold on your behalf will be sent to you quarterlyevery twelve months. If there is no movement on your portfolio for a period of 12 six years (excluding any payment or receipt of charges, interest or similar items) and we are unable to contact you, we may cease to treat your assets as client assets and pay use them to a registered charity of for our choiceown purposes. We will always endeavour to contact you before doing this. We will, however, make and retain a record of the holdings in your portfolio before we stop treating them as client assets and we undertake to reimburse the value of your holdings if you submit a valid claim.
Appears in 1 contract
Samples: Terms of Business
Custody of Your Investments. Unless we have been instructed to the contrary, contrary investments in registered form which are purchased through us shall be registered or otherwise recorded in the name of our nominee (RCBIM Nominees Limited, a non non-profit-making making, non-trading wholly owned subsidiary of X.X. Xxxxx Investment Management PLC) or, in the case of overseas investments or collective fundsinvestment schemes, in the name of a custodian or nominee permitted by the Rules of the FCA. Where an investment is not required to be registered, documents evidencing title to the investment will be held by us or a third third-party custodian. Title to all investments held under an Individual Savings Account will always be registered in the name of RCBIM Nominees Limited or in the joint names of you and RCBIM Nominees Limited. Your Investments investments registered or recorded in the name of our nominee will be pooled with those of our other clientsClients. Accordingly, your individual entitlements may not be identifiable by separate certificates, physical documents, or entries on the register. In the event that it is not feasible to register or record your assets in a name other than that of RCBIM Nominees or a third third-party custodian by virtue of national law, it is possible that the applicable national law would not separately identify your assets from the proprietary designated investments of the third party or us. In the event of a shortfall which cannot be reconciled after any default you may not receive your full entitlement but may share in that shortfall in proportion to your original share of the assets in the pool. You may be covered for this loss under the Financial Services Compensation Scheme, further details of which are provided in paragraph section 25 of this Agreement. In overseas jurisdictions jurisdictions, your investments may not be segregated from investments belonging to us and/or the eligible custodian and in the event of the default or insolvency of a third party, you may not recover all of your assets. Also Also, overseas investments may be subject to different settlement, legal and regulatory requirements than those which apply within the UK. Your assets will therefore only be held with custodians in overseas jurisdictions where the nature of the investment in question makes it necessary. We are responsible for the acts of our nominee to the same extent as for our own acts. We do not, however, accept responsibility for the acts or omissions of any custodians unless losses arise directly from our own fraud, wilful default or negligence. RCBIM We will not be responsible for third party custodians where it has exercised due skill, care and diligence in the selection, appointment and periodic review of their arrangements. No document evidencing legal title to any of your investments will be lent to a third party. Investments will not be used as security for any loan and you will not be allowed to charge your investments by way of a legal or equitable mortgage without our prior written consent (which will not be provided in the case of investments held under an Individual Savings Account). Statements Statement of the assets which we hold on your behalf will be sent to you quarterly. If there is no movement on your portfolio for a period of 12 years (excluding any payment or receipt of charges, interest or similar items) and we are unable to contact you, we may cease to treat your assets as client assets and pay them to a registered charity of our choice. We will always endeavour to contact you before doing this. We will, however, make and retain a record of the holdings in your portfolio before we stop treating them as client assets value of each asset at the time and we undertake to reimburse a sum equal to the value of your holdings if you submit the safe custody asset at the time it was paid away in the event of a valid claimclient seeking to claim the safe custody asset in the future.
Appears in 1 contract
Samples: Terms of Business
Custody of Your Investments. Unless we have been instructed 10.4.1 Acceptance of these terms provides authority for Xxxxxx to the contrary, hold your investments in registered safe custody, to transfer securities from your account to meet sales effected for your account, acceptance of offers, or other matters covered by this agreement.
10.4.2 Xxxxxx may hold investments for you in its physical possession or in uncertificated form (in which are purchased through us shall case, the investments will be registered or otherwise recorded in the name of our a Xxxxxx nominee company). Xxxxxx is responsible for the acts of its nominee company to the same extent as for its own acts, including, for the avoidance of doubt, for losses arising from fraud, wilful default or negligence. Overseas investments will unless instructed otherwise be held in the form of Crest Depository Interests (RCBIM Nominees Limited, a non profit“CDI’s”). CDIs cannot be registered into certificates.
10.4.3 Xxxxxx may arrange for the deposit of your investments with one or more sub-making wholly owned subsidiary custodians. Xxxxxx will exercise reasonable prudence in the selection and continuing use of X.X. Xxxxx Investment Management PLC) orany sub-custodian but, in the case absence of overseas any negligence, fraud or wilful default by Xxxxxx, Xxxxxx shall not be responsible for the default of any sub- custodian.
10.4.4 You hereby acknowledge and agree that:
(a) Xxxxxx may pool your investments with those it holds on behalf of other clients and accordingly your investments may not be individually identifiable and in the event of an unreconcilable shortfall following a default by Xxxxxx or collective fundsany sub-custodian, you may not receive your full entitlement and may share in any shortfall on a pro-rata basis. You may also find that your entitlement to new shares distributions and other corporate actions is different from what you would have received if your investments were not pooled;
(b) Xxxxxx may appoint another company in its group of companies to act as nominee or custodian of your investments;
(c) Your investments may be registered or recorded in the name of a custodian or nominee permitted by the Rules in Xxxxxx’x name, in one or more jurisdictions outside a member state of the FCA. Where an investment is not required to be registered, documents evidencing title to European Union (EU) and consequently the investment will be held by us or a third party custodian. Title to all investments held under an Individual Savings Account will always be registered in the name of RCBIM Nominees Limited or in the joint names of you and RCBIM Nominees Limited. Your Investments registered or recorded in the name of our nominee will be pooled with those of our other clients. Accordingly, your individual entitlements may not be identifiable by separate certificates, physical documents, or entries on the register. In the event that it is not feasible to register or record your assets in a name other than that of RCBIM or a third party custodian by virtue of national law, it is possible that the applicable national law would not separately identify your assets from the proprietary designated investments of the third party or us. In the event of a shortfall which cannot be reconciled after any default you may not receive your full entitlement but may share in that shortfall in proportion to your original share of the assets in the pool. You may be covered for this loss under the Financial Services Compensation Scheme, further details of which are provided in paragraph 25 of this Agreement. In overseas jurisdictions your investments may not be segregated from investments belonging to us and/or the eligible custodian and in the event of the default or insolvency of a third party, you may not recover all of your assets. Also overseas investments may be subject to different settlement, legal and regulatory requirements than those which apply within the UK. Your assets will therefore only EU and there may be held with custodians different practices for the separate identification of investments; and
(d) Xxxxxx may pass your money or investments to intermediate brokers and settlement agents (whether in the EU or overseas) and you acknowledge that the legal and regulatory regime applying to an overseas jurisdictions where the nature broker or settlement agent may be different from that of the EU and in the event of a default of such a broker or settlement agent, your money and investments may be treated differently than if they were held in the EU.
10.4.5 If partly paid shares held for you are the subject of a claim for any due balance and no valid instruction is received from you, GAM may sell sufficient of your investment in question makes it necessary. We are responsible for to meet the acts claim.
10.4.6 If GAM receives notice of our nominee to the same extent as for our own acts. We do nota class action or group litigation order that is being proposed or taken concerning your investments, however, accept responsibility for the acts or omissions of any custodians unless losses arise directly from our own fraud, wilful default or negligence. RCBIM GAM will not be responsible for third party custodians where it has exercised due skill, care and diligence in the selection, appointment and periodic review of their arrangements. No document evidencing legal title obliged to any of your investments will be lent to a third party. Investments will not be used as security for any loan and inform you will not be allowed to charge your investments by way of a legal or equitable mortgage without our prior written consent (which will not be provided in the case of investments held under an Individual Savings Account). Statements of the assets which we hold on your behalf will be sent to you quarterly. If there is no movement on your portfolio for a period of 12 years (excluding any payment or receipt of charges, interest or similar items) and we are unable to contact you, we may cease to treat your assets as client assets and pay them to a registered charity of our choice. We will always endeavour to contact you before doing this. We will, however, make and retain a record of the holdings in your portfolio before we stop treating them as client assets and we undertake to reimburse the value of your holdings if you submit a valid claimact upon that notification.
Appears in 1 contract
Samples: Terms and Conditions
Custody of Your Investments. Unless we have been instructed to the contrary, 10.4.1 Xxxxxx will hold your investments in registered safe custody, transfer securities from your account to meet sales effected for your account and accept offers & other corporate actions.
10.4.2 Xxxxxx may hold investments for you in its physical possession or in uncertificated form (in which are purchased through us shall case, the investments will be registered or otherwise recorded in the name of our a Xxxxxx’x nominee (RCBIM company XXX Nominees Limited). Xxxxxx is responsible for the acts of its nominee company to the same extent as for its own acts, a non profitincluding, for the avoidance of doubt, for losses arising from fraud, wilful default or negligence. Overseas investments will unless instructed otherwise be held in the form of Crest Depository Interests (“CDI’s”). CDIs cannot be registered into certificates.
10.4.3 Xxxxxx may arrange for the deposit of your investments with one or more sub-making wholly owned subsidiary custodians. Xxxxxx will exercise reasonable prudence in the selection and continuing use of X.X. Xxxxx Investment Management PLC) orany sub-custodian but, in the case absence of overseas any negligence, fraud or wilful default by Xxxxxx, Xxxxxx shall not be responsible for the default of any sub- custodian.
10.4.4 You hereby acknowledge and agree that:
(a) Xxxxxx may pool your investments with those it holds on behalf of other clients and accordingly your investments may not be individually identifiable and in the event of an unreconcilable shortfall following a default by Xxxxxx or collective fundsany sub-custodian, you may not receive your full entitlement and may share in any shortfall on a pro-rata basis. You may also find that your entitlement to new shares distributions and other corporate actions is different from what you would have received if your investments were not pooled;
(b) Xxxxxx may appoint another company in its group of companies to act as nominee or custodian of your investments;
(c) Your investments may be registered or recorded in the name of a custodian or in Xxxxxx’x nominee permitted by the Rules of the FCA. Where an investment is not required to be registered, documents evidencing title to the investment will be held by us or a third party custodian. Title to all investments held under an Individual Savings Account will always be registered in the name of RCBIM Nominees Limited or in the joint names of you and RCBIM company XXX Nominees Limited. Your Investments registered , in one or recorded in more jurisdictions outside the name of our nominee will be pooled with those of our other clients. Accordingly, your individual entitlements may not be identifiable by separate certificates, physical documents, or entries on UK and consequently the register. In the event that it is not feasible to register or record your assets in a name other than that of RCBIM or a third party custodian by virtue of national law, it is possible that the applicable national law would not separately identify your assets from the proprietary designated investments of the third party or us. In the event of a shortfall which cannot be reconciled after any default you may not receive your full entitlement but may share in that shortfall in proportion to your original share of the assets in the pool. You may be covered for this loss under the Financial Services Compensation Scheme, further details of which are provided in paragraph 25 of this Agreement. In overseas jurisdictions your investments may not be segregated from investments belonging to us and/or the eligible custodian and in the event of the default or insolvency of a third party, you may not recover all of your assets. Also overseas investments may be subject to different settlement, legal and regulatory requirements than those which apply within the UK. Your assets will therefore only UK and there may be held with custodians different practices for the separate identification of investments; and
(d) Xxxxxx may pass your money or investments to intermediate brokers and settlement agents (whether in the UK or overseas) and you acknowledge that the legal and regulatory regime applying to an overseas jurisdictions where the nature broker or settlement agent may be different from that of the UK and in the event of a default of such a broker or settlement agent, your money and investments may be treated differently than if they were held in the UK.
10.4.5 If partly paid shares held for you are the subject of a claim for any due balance and no valid instruction is received from you, GAM may sell sufficient of your investment in question makes it necessary. We are responsible for to meet the acts claim.
10.4.6 If GAM receives notice of our nominee to the same extent as for our own acts. We do nota class action or group litigation order that is being proposed or taken concerning your investments, however, accept responsibility for the acts or omissions of any custodians unless losses arise directly from our own fraud, wilful default or negligence. RCBIM GAM will not be responsible for third party custodians where it has exercised due skill, care and diligence in the selection, appointment and periodic review of their arrangements. No document evidencing legal title obliged to any of your investments will be lent to a third party. Investments will not be used as security for any loan and inform you will not be allowed to charge your investments by way of a legal or equitable mortgage without our prior written consent (which will not be provided in the case of investments held under an Individual Savings Account). Statements of the assets which we hold on your behalf will be sent to you quarterly. If there is no movement on your portfolio for a period of 12 years (excluding any payment or receipt of charges, interest or similar items) and we are unable to contact you, we may cease to treat your assets as client assets and pay them to a registered charity of our choice. We will always endeavour to contact you before doing this. We will, however, make and retain a record of the holdings in your portfolio before we stop treating them as client assets and we undertake to reimburse the value of your holdings if you submit a valid claimact upon that notification.
Appears in 1 contract
Samples: Terms and Conditions