Common use of Holding of Investments Overseas Clause in Contracts

Holding of Investments Overseas. MSI plc may, where it considers it appropriate, arrange for the Client’s Investments, including Financial Instruments, to be held overseas. There may be different settlement, legal and regulatory requirements in overseas jurisdictions from those applying in the U.K., together with different practices for the separate identification of the Client’s Investments. Where the nature of the Investments or services requires MSI plc to do so it may hold Investments with a third party in a country outside the EEA which does not regulate the holding and safekeeping of Investments. Where this is necessary to provide the services the Client has requested under this Agreement, the Client requests MSI plc to deposit its Investments with such third parties. Where the Client’s Investments are held in a jurisdiction outside the UK by a third party on MSI plc’s behalf, the Client’s Investments may be held in an omnibus account by the third party and there is a risk that the Client’s Investments could be withdrawn or used to meet obligations of other persons, or that the balance of assets held by the third party does not reconcile with the quantity which the third party is required to hold, and the Client may not in such circumstances receive its full entitlement of Investments. In some jurisdictions it may not be possible to identify separately the Investments which a third party holds for clients from those which it holds for itself or for MSI plc, and there is a risk that your Investments could be withdrawn or used to meet the obligations of the third party, or lost altogether if the third party becomes insolvent.

Appears in 4 contracts

Samples: International Prime Brokerage Agreement, International Prime Brokerage Agreement, International Prime Brokerage Agreement

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