Common use of DEALING WITH US Clause in Contracts

DEALING WITH US. 3.1 We will at all times deal with you in our capacity as your contracting counterparty. 3.2 You will enter into each Transaction with us as principal and not as an agent for any other third party. You will be solely responsible for all obligations arising out of a Transaction, and we will treat you as our client in relation to the Transactions at all times. You will not allow any person to deal or manage your Account on your behalf unless we agree that such a person (the “Attorney”) may do so. In some circumstances, an executor or insolvency practitioner may be empowered to conduct activities on your Account. In these circumstances and for us to agree to this, please contact the compliance department at: xxxxxxx@xxxxxxxxxxx.xxx. If we agree that an Attorney may act on your behalf, we will be entitled to rely on any instructions given to us by the Attorney in relation to your Account. We may require confirmation that the Attorney has authority to act on your behalf at any time. If you act in connection with or on behalf of someone else, whether disclosed or not, we will not accept such person as an indirect customer of ours and will accept no obligation to them unless otherwise specifically agreed. 3.3 In our dealings with you, we may classify you as a Retail Client, Professional Client or Eligible Counterparty. Unless we expressly agree otherwise in writing with you, we shall at all times treat you as a Retail Client. You may request a different client classification to the one allocated to you but please be aware that we may decline such a request. If you do request a different category from Retail Client and we agree to such a request, you will lose the protections afforded by certain FCA Rules. In certain circumstances we may wish to re- categorise you but, if we do so, we will write to you explaining clearly why we are doing this and the effect this will have on your rights. We will request your consent to such re-classification. 3.4 We will always deal with clients on an Execution Only basis. As an advisory service is not offered for Retail Clients (or clients of any FCA classification), the provisions of the FCA’s Retail Distribution Review regulations shall not apply. 3.5 You will not have any rights of ownership or otherwise in any Instrument as a result of a Transaction with us. We will not transfer any Instrument or the rights in such Instrument (such as voting rights) to you.

Appears in 3 contracts

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

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DEALING WITH US. 3.1 2.1. We will at all times deal with you in our capacity as your our contracting counterparty. 3.2 2.2. You will enter into each Transaction with us as principal and not as an agent for any other third party. You will be solely responsible for all obligations arising out of a Transaction, and we will treat you as our client in relation to the Transactions at all times. You will not allow any person to deal or manage your Account on your behalf unless we agree that such a person (the “Attorney”) may do so. In some circumstances, an executor or insolvency practitioner may be empowered to conduct activities on your Account. In these circumstances and for For us to agree to this, please contact you and such Attorney that you would appoint must fully prepare and sign a Power of Attorney. The form of our Power of Attorney is found herein as Schedule 4. Please note that we reserve the right as an additional precondition to accepting instruction from your Attorney that he/she/it be subject to and pass our standard customer due diligence requirements, as required from time to time by our compliance department at: xxxxxxx@xxxxxxxxxxx.xxxdepartment. If we agree that an Attorney may act on your behalf, we will be entitled to rely on any instructions given to us by the Attorney in relation to your Accountaccount. We may require confirmation that the Attorney has authority to act on your behalf at any time. If you act in connection with or on behalf of someone else, whether disclosed or not, we will not accept such person as an indirect customer of ours and will accept no obligation to them unless otherwise specifically agreed. 3.3 2.3. In our dealings with you, we may classify you as a Retail Client, Professional Client or Eligible Counterparty. Unless we expressly agree otherwise in writing with you, we shall at all times treat you as a Retail Client. You may request a different client classification to the one allocated to you but please be aware that we may decline such a request. If you do request a different category from Retail Client and we agree to such a request, you will lose the protections afforded by certain FCA Rules. In certain circumstances we may wish to re- re-categorise you but, if we do so, we will write to you explaining clearly why we are doing this and the effect this will have on your rights. We will request your consent to such re-classification. 3.4 2.4. We will always deal with clients on an Execution Only execution only basis. As an advisory service is not offered for Retail Clients (or clients of any FCA classification), the provisions of the FCA’s Retail Distribution Review regulations shall not apply. 3.5 2.5. You will not have any rights of ownership or otherwise in any Instrument as a result of a Transaction with us. We will not transfer any Instrument or the rights in such Instrument (such as voting rights) to you.

Appears in 1 contract

Samples: Service Agreement

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DEALING WITH US. 3.1 We will at all times deal with you in our capacity as your our contracting counterparty. 3.2 You will enter into each Transaction with us as principal and not as an agent for any other third party. You will be solely responsible for all obligations arising out of a Transaction, and we will treat you as our client in relation to the Transactions at all times. You will not allow any person to deal or manage your Account on your behalf unless we agree that such a person (the “Attorney”) may do so. In some circumstances, an executor or insolvency practitioner may be empowered to conduct activities on your Account. In these circumstances and for For us to agree to this, please contact you and such Attorney that you would appoint must fully prepare and sign a Power of Attorney. The form of our Power of Attorney is found herein as Schedule 4. Please note that we reserve the right as an additional precondition to accepting instruction from your Attorney that he/she/it be subject to and pass our standard customer due diligence requirements, as required from time to time by our compliance department at: xxxxxxx@xxxxxxxxxxx.xxxdepartment. If we agree that an Attorney may act on your behalf, we will be entitled to rely on any instructions given to us by the Attorney in relation to your Accountaccount. We may require confirmation that the Attorney has authority to act on your behalf at any time. If you act in connection with or on behalf of someone else, whether disclosed or not, we will not accept such person as an indirect customer of ours and will accept no obligation to them unless otherwise specifically agreed. 3.3 In our dealings with you, we may classify you as a Retail Client, Professional Client or Eligible CounterpartyInstitutional Client. Unless we expressly agree otherwise in writing with you, we shall at all times treat you as a Retail Client. You may request a different client classification to the one allocated to you but please be aware that we may decline such a request. If you do request a different category from Retail Client and we agree to such a request, you will lose the protections afforded by certain FCA Rules. In certain circumstances we may wish to re- re-categorise you but, if we do so, we will write to you explaining clearly why we are doing this and the effect this will have on your rightsthis. We will request your consent to such re-re- classification. 3.4 We will always deal with clients on an Execution Only basis. As an advisory service is not offered for Retail Clients (or clients of any FCA classification), the provisions of the FCA’s Retail Distribution Review regulations shall not apply. 3.5 You will not have any rights of ownership or otherwise in any Instrument as a result of a Transaction with us. We will not transfer any Instrument or the rights in such Instrument (such as voting rights) to you.

Appears in 1 contract

Samples: Customer Terms and Conditions

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