Execution Only Transactions Sample Clauses
Execution Only Transactions. You may direct ▇▇▇▇▇▇ to undertake an execution only transaction on your behalf even if you hold a Discretionary account. An execution only transaction is a transaction executed by ▇▇▇▇▇▇ upon your specific instructions where ▇▇▇▇▇▇ does not give advice on the merits of that transaction. It may also be a transaction, where you either (a) elect explicitly to act as an execution-only client or (b) place an order for a transaction, or a series of transactions, that is contrary to the specific advice of ▇▇▇▇▇▇ or (c) when asked for advice on the merits of a particular transaction, or series of transactions, ▇▇▇▇▇▇ explicitly states that they are not in a position to give such advice. Where you initiate or propose an execution only transaction to deal in a non-complex instrument ▇▇▇▇▇▇ will not assess the suitability or appropriateness of the instrument for you and therefore you will not benefit from the protection of conduct of business rules as regards suitability or appropriateness. ▇▇▇▇▇▇ will not advise you on the merits of the transaction and you will be solely responsible for all investment decisions. ▇▇▇▇▇▇ will advise you if it is of the view that an instruction is not within the category of non-complex instruments. In such circumstances our obligation is limited to assessing your knowledge and experience to understand the risks involved with the product or service based on information that you have provided to us to ascertain if the transaction is appropriate for you. You will not benefit from the protection of conduct of business rules as regards suitability. ▇▇▇▇▇▇ will not advise you on the merits of the transaction and you will be solely responsible for all investment decisions. In the event that we determine that the instruction is not within the category of non-complex instruments and that it is not appropriate for you, we are obliged to warn you of the risks involved before proceeding with the trade and if we consider that the transaction is not in your best interest then we may be obliged not to proceed with the trade. It is your responsibility to ensure that the instruction is lawful and does not amount to insider dealing, market manipulation or is a breach of any securities law or other law or regulation.
1. PART C Self-dealing
Execution Only Transactions. You may direct ▇▇▇▇▇▇ to undertake an execution only transaction on your behalf even if you hold an Advisory account. An execution only transaction is a transaction executed by ▇▇▇▇▇▇ upon your specific instructions where ▇▇▇▇▇▇ does not give advice on the merits of that transaction. It may also be a transaction, where you either (a) elect explicitly to act is appropriate for you. You will not benefit from the protection of conduct of business rules as regards suitability. ▇▇▇▇▇▇ will not advise you on the merits of the transaction and you will be solely responsible for all investment decisions. In the event that we determine that the instruction is not within the category of non-complex instruments and that it is not appropriate for you, we are obliged to warn you of the risks involved before proceeding with the trade and if we consider that the transaction is not in your best interest then we may be obliged not to proceed with the trade. It is your responsibility to ensure that the instruction is lawful and does not amount to insider dealing, market manipulation or is a breach of any securities law or other law or regulation.
1. PART C Self-dealing
Execution Only Transactions. The receipt of explicit written instructions from you to HFS to arrange a specific investment product, transaction, or service, with a specific product producer, is known as an Execution Only transaction. HFS will have no input into the transaction beyond facilitating your request. Such transactions are exempt from detailed Know Your Customer and Statement of Suitability requirements under the CPC 2012. To facilitate such a transaction, HFS must be in receipt of a signed declaration beforehand. This declaration will require you to confirm that you wish to proceed, having considered, understood and accepted all the following: • That you have not received any advice on the transaction from HFS, • That you have not received a Suitability Statement from HFS on the transaction, • That you have given explicit instruction for HFS to complete the transaction on an Execution Only basis. A Client Asset Account (CAA) is an account maintained by HFS to facilitate client's monies for a brief period whilst awaiting onward transmission. HFS retains control of CAA's, which are clearly designated as such with the respective custodians. All monies in these accounts are readily identifiable as wholly separate from HFS own corporate monies. We will make every effort to minimise the time in which these monies are held in such accounts. Where client monies must be remitted through a HFS CAA, interest will not be paid. At any point it is possible that more than one client's monies are held in this account. HFS undertakes a daily reconciliation recording the beneficial owners of all client monies held in the CAA. HFS CAA's are subject to external audit bi-annually and Client Asset Regulations as issued by Central Bank of Ireland. HFS operates a number of CAA's with credit institutions or eligible custodians, but HFS cannot be held liable in the event of default by a third party institution. A list of credit institutions where HFS have CAA's is available upon request. In signing these Terms of Business you give consent to HFS to pooling client monies in a CAA. Where your monies are held either by a credit institution, other qualified custodian, or by an overseas third party, these institutions are acting as a third party custodian. In the event that the custodian defaults, there is a risk that some or all of your monies may be lost. HFS accepts no responsibility and is not liable for any losses that may occur in the event of third party default. The investments held within your fu...
Execution Only Transactions. Arranging Investments In respect of any Investment to be made by the Bank on behalf of the Customer pursuant to the terms of this Agreement, the Customer hereby authorizes the Bank, without any further notice between the parties required to: (i) Arrange for execution of Investments on behalf of the Customer on the best available terms provided that the Bank will act in good faith and in a fair and reasonable manner; (ii) Arrange on behalf of the Customer, if the Bank is of the view that it is expedient or beneficial for its customers to do so, any Investment or series of Investments by amalgamating such Investment(s) with transactions on behalf of other customers of the Bank as part of one single transaction to be made collectively for the benefit of several customers of the Bank. The Customer acknowledges and agrees that a delay may occur in implementing customer instructions, and accordingly a delay in executing such a transaction for the benefit of several customers of the Bank may have a negative impact on the price or terms that the Customer may obtain in respect of the relevant Investment; Ordinary Collateral In respect of any Investments to be entered into by the Bank or its Agents on behalf of the Customer, if in the view of the Bank at its sole and absolute discretion an Investment of the Customer carries such risk that warrants a requirement for collateral, the Bank may at any time require that the Customer transfer to, and pledge in favour of, the Bank a cash amount or assets acceptable to the Bank, in each case of such value as the Bank may determine (Ordinary Collateral). تارامثتسلاا بيترت متيس ليمعلا نع ةباين هتارادإب كنبلا موقي رامثتسا يأب قلعتي اميف ، كنبلل هبجومب ليمعلا حرصي ، ةيقافتلاا هذه دونبل اقفو هئارجإ :يلي امب ، نيفرطلا نيب رخآ راعشإ يأ نود ليمعلا نع ةباين تارامثتسلاا ذيفنتل ةمزلالا تابيترتلا ذاختا (i) ةين نسحب كنبلا فرصتي نأ طرشب ةحاتملا طورشلا لضفأ ىلع ;ةلوقعمو ةلداع ةقيرطبو ناك اذإ ،رامثتسا تايلمع ةعومجم وأ رامثتسا يلأ بيترتلا (ii) ةبولطملا تلاماعملا عم تارامثتسلاا هذه جمدب ليمعلل ،ايرورض يعامج لكشب اهؤارجإ متي ةدحاو ةلماعم نم ءزجك نيرخآ ءلامع نم ثدحي دق هنأب ليمعلا رقي ضرغلا اذهل .ءلامعلا نم ديدعلا ةدئافل (ليمعلا نع ةباينلاب رارق ذاختا وأ) ليمعلا تاميلعت قيبطت يف ريخأت يف ليمعلا هيلع لصحي دق يذلا رعسلا ىلع رثؤي نأ هنأش نم ؛ةددحم رامثتسا ةيلمع ةيداع تانامض ليمعلا نع ةباين هئلاكو وأ كنبلا اهمربيً تارامثتسا يأب قلعتي اميف رامثتساً نإف ، قلطملاو صاخلا هريدقتل اقفو كنبلا يأر يف ناك اذإ ، دوجول اطرش بلطتت يتلا رطاخملا هذه لثم ىلع يوطني ...
Execution Only Transactions. We will not advise you about a particular transaction if we reasonably believe that when you gave the order for that transaction, you were not expecting advice. We will deem such orders to be ‘execution only’ and accept no liability for the merits or suitability of the transaction. Similarly, we will deal on an execution only basis for discretionary and advisory clients, where we believe that a particular transaction, as instructed by you, is not in accordance with your usual specific risk objectives. When a transaction is carried out on this basis we will let you know, either at the time the transaction is carried out, or on a contract note despatched to you. Under FCA rules we must ensure that for complex investments (for example derivatives or warrants), those investments must be appropriate, based on our knowledge of your circumstances. If we believe a trade is inappropriate we will inform you of this and may refuse to undertake the trade.
