Safeguarding of Client Money. 20.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside the relevant jurisdiction) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. 20.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 of this Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client. 20.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company: (a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money; (b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held; (c) shall at all times keep Client money segregated from the Company’s own money; (d) shall not use Client money in the course of its own business; (e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 of this Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company; (f) shall introduce adequate organisational arrangements to minimise the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. 20.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 of this Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held. 20.5. The financial institution (of paragraph 20.1 of this Agreement) where Client money will be held may be within or outside the relevant jurisdiction. It is understood that the legal and regulatory regime applying to any such financial institution outside the jurisdiction will be different from that of the relevant jurisdiction. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdiction. 20.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 of this Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client. 20.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). 20.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest. 20.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest. 20.10. It is agreed that the Company shall have the right to transfer the Client money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to the Client for the purposes of paragraph 36 of the Agreement.
Appears in 9 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Safeguarding of Client Money. 20.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside the relevant jurisdiction) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.5. The financial institution (of paragraph 20.1 of this Client Agreement) where Client money will be held may be within or outside the relevant jurisdiction. It is understood that the legal and regulatory regime applying to any such financial institution outside the jurisdiction will be different from that of the relevant jurisdiction. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdiction.
20.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.10. It is agreed that the Company shall have the right to transfer the Client money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to the Client for the purposes of paragraph 36 38 of the Agreement.
Appears in 4 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Safeguarding of Client Money. 20.121.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. Additionally, the Company may, at its own discretion, place Client money into one or more qualifying money market fund (where CySEC permits this). The units in such qualifying money market fund(s) shall be held in accordance with the requirements for holding financial instruments belonging to Clients. The Client may oppose to the placement of his/her funds in a qualifying money market fund via written request to the Company.
20.221.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution institutions of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.321.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) a. shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) b. shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) c. shall at all times keep Client money segregated from the Company’s own money;
(d) d. shall not use Client money in the course of its own business;
(e) e. shall take the necessary steps to ensure that Client money deposited with a financial an institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) f. shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.421.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution institutions according to paragraph 20.2 21.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.521.5. The financial institution institutions (of paragraph 20.1 21.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution institutions outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdictionCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.621.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 21.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial that institution is insufficient to satisfy the claims of the Client.
20.721.7. It is understood that the Company may hold Client money and the money of other clients Clients in the same account (omnibus account).
20.821.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.921.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.1021.10. It The Company is agreed a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company shall have is unable to meet its obligations as explained in the right to transfer document with the Client money to successors or assignees or transferees or buyerstitle Investors Compensation Fund, with ten (10) Business Days prior Written Notice to found on the Client for the purposes of paragraph 36 of the AgreementCompany’s Website.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Safeguarding of Client Money. 20.121.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Greece or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. Additionally, the Company may, at its own discretion, place Client money into one or more qualifying money market fund (where HCMC permits this). The units in such qualifying money market fund(s) shall be held in accordance with the requirements for holding financial instruments belonging to Clients. The Client may oppose to the placement of his/her funds in a qualifying money market fund via written request to the Company.
20.221.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution institutions of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.321.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, ,the Company:
(a) a. shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) b. shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) c. shall at all times keep Client money segregated from the Company’s own moneyownmoney;
(d) d. shall not use Client money in the course of its own business;
(e) e. shall take the necessary steps to ensure that Client money deposited with a financial an institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) f. shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.421.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution institutions according to paragraph 20.2 21.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.521.5. The financial institution institutions (of paragraph 20.1 21.1 of this Client Agreement) where Client money will be held may be within or outside Greece or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution institutions outside Greece or the jurisdiction EEA will be different from that of the relevant jurisdictionGreece. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionGreece.
20.621.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 21.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial that institution is insufficient to satisfy the claims of the Client.
20.721.7. It is understood that the Company may hold Client money and the money of other clients Clients in the same account (omnibus account).
20.821.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.921.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interestanyinterest.
20.1021.10. It The Company is agreed a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund, found on the Company’s Website.
22.1. The Company shall have a general lien on all funds held by the right to transfer Company on the Client money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to Client’s behalf until the Client for the purposes of paragraph 36 satisfaction of the AgreementClient’s obligations.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Safeguarding of Client Money. 20.122.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.222.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.322.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.422.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 21.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.522.5. The financial institution (of paragraph 20.1 21.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdictionCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.622.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 21.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.722.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.822.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.922.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.1022.10. It The Company is agreed a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company shall have is unable to meet its obligations as explained in the right to transfer document with the Client money to successors or assignees or transferees or buyerstitle Investors Compensation Fund, with ten (10) Business Days prior Written Notice to found on the Client for the purposes of paragraph 36 of the AgreementCompany’s Website.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Safeguarding of Client Money. 20.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.5. The financial institution (of paragraph 20.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdiction. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.9. The Client agrees that the Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.10. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his/her classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund, found on the Company’s Website at xxx.xxxxxx.xxx.
20.11. It is agreed that the Company shall have the right to transfer the Client money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to the Client for the purposes of paragraph 36 of the Agreement.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Safeguarding of Client Money. 20.1. 24.1 The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. Additionally, the Company may, at its own discretion, place Client money into one or more qualifying money market fund (where CySEC permits this). The units in such qualifying money market fund(s) shall be held in accordance with the requirements for holding financial instruments belonging to Clients. The Client may oppose to the placement of his/her funds in a qualifying money market fund via written request to the Company.
20.2. 24.2 According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution institutions of paragraph 20.1 23.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.3. 24.3 According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) a. shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) b. shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) c. shall at all times keep Client money segregated from the Company’s own money;
(d) d. shall not use Client money in the course of its own business;
(e) e. shall take the necessary steps to ensure that Client money deposited with a financial an institution (according to paragraph 20.1 23.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) f. shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.4. 24.4 The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution institutions according to paragraph 20.2 23.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.5. 24.5 The financial institution institutions (of paragraph 20.1 23.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution institutions outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdictionCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.6. 24.6 The financial institution to which the Company will pass Client money (as per paragraph 20.1 23.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial that institution is insufficient to satisfy the claims of the Client.
20.7. 24.7 It is understood that the Company may hold Client money and the money of other clients Clients in the same account (omnibus account).
20.8. 24.8 The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.9. 24.9 The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.1024.10 The Company is a member of the Investors Compensation Fund (ICF). It is agreed So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company shall have is unable to meet its obligations as explained in the right to transfer document with the Client money to successors or assignees or transferees or buyerstitle Investors Compensation Fund, with ten (10) Business Days prior Written Notice to found on the Client for the purposes of paragraph 36 of the AgreementCompany’s Website.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.121.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. Additionally, the Company may, at its own discretion, place Client money into one or more qualifying money market fund (where CySEC permits this). The units in such qualifying money market fund(s) shall be held in accordance with the requirements for holding financial instruments belonging to Clients. The Client may oppose to the placement of his/her funds in a qualifying money market fund via written request to the Company.
20.221.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution institutions of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.321.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, ,the Company:
(a) a. shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) b. shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) c. shall at all times keep Client money segregated from the Company’s own moneyownmoney;
(d) d. shall not use Client money in the course of its own business;
(e) e. shall take the necessary steps to ensure that Client money deposited with a financial an institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) f. shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.421.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution institutions according to paragraph 20.2 21.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.521.5. The financial institution institutions (of paragraph 20.1 21.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution institutions outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdictionCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.621.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 21.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial that institution is insufficient to satisfy the claims of the Client.
20.721.7. It is understood that the Company may hold Client money and the money of other clients Clients in the same account (omnibus account).
20.821.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interesttointerest.
20.921.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interestanyinterest.
20.1021.10. It The Company is agreed a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund, found on the Company’s Website.
22.1. The Company shall have a general lien on all funds held by the right to transfer Company on the Client money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to Client’s behalf until the Client for the purposes of paragraph 36 satisfaction of the AgreementClient’s obligations.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.126.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.226.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 26 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.326.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(ai) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(bj) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(ck) shall at all times keep Client money segregated from the Company’s own money;
(dl) shall not use Client money in the course of its own business;
(em) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 26 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(fn) shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.426.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 26.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.526.5. The financial institution (of paragraph 20.1 26.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdictionCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.626.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 26.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.726.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.826.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.926.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.1026.10. It The Company is agreed a member of the Investors Compensation Fund (ICF). So, depending on his/her classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund, found on the Company’s Website.
26.11. The Company shall have not conclude title transfer financial collateral arrangements with any Client who is a Retail Client for the right purpose of securing or covering present or future, actual or contingent or prospective obligations of such Client.
26.12. The Company shall not grant security interests, liens or rights of set-off over Client money enabling a third party to transfer dispose of the Client's money in order to recover debts that do not relate to the Client or provision of services to the Client, unless this is required by Applicable Law in a third country jurisdiction in which the Client money may be held. If the Company will enter into such an agreement, it will amend this Client Agreement accordingly to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice reflect this.
26.13. The Company provides to the Client access to an online system on which the Client can obtain information in relation to the Client money that the Company holds on behalf of the Client, as provided by Applicable Regulations.
26.14. Funds belonging to the Client that will be used for trading purposes will be kept in an account with any bank or financial institution used to accept funds which the Company will specify from time to time and will be held in the Client’s name and/or the Company’s name denoted as clients account. The legal and regulatory regime applying to any such person might be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other analogous events or equivalent failure of that person, Client’s funds may be treated differently from the treatment which would apply if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the purposes insolvency, acts or omissions of paragraph 36 any third party referred to in this clause.
26.15. The Company is a member of the AgreementInvestors Compensation Fund (ICF). Under Cyprus law retail Clients are afforded the highest possible level of protection and are covered by Investor Compensation Fund (“ICF”). Professional Clients and Eligible Counterparties are not covered by the ICF. For further details please refer to the document with the title Investors Compensation Fund, found on the Company’s Website.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.119.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside the relevant jurisdiction) such as a credit institution or a bank in a third countryFinancial Institutions. It is understood that the Company may keep merchant accounts in its name, as the operator, or in the name of another company, acting as a merchant, whose details are found on the preamble of this Agreement, with payment services providers used to settle payment transactions of its Clients.
19.2. However, for the avoidance of doubt, it is noted clarified that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. It is agreed that the Company may use the services of a merchant company for facilitating all communications in an electronic payment transaction.
20.219.3. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 of this Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.3. According to Applicable Regulations, for For the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client moneyClientmoney;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 19.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall Shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.419.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 19.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.5. The financial institution (of paragraph 20.1 of this Agreement) where Client money will be held may be within or outside the relevant jurisdiction. It is understood that the legal and regulatory regime applying to any such financial institution outside the jurisdiction will be different from that of the relevant jurisdiction. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdiction.
20.619.5. The financial institution to which the Company will pass Client money (as per paragraph 20.1 clause 19.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.719.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.819.7. The Company shall not account to the Client for profits or interest earned on Client money (other money(other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.919.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.1019.9. It is agreed that the Company shall have the right to transfer the Client money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to the Client for the purposes of paragraph 36 38 of the Agreement.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.121.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.221.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third third- party merely for the purpose of executing a Transaction for the Client.
20.321.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.421.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 21.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.521.5. The financial institution (of paragraph 20.1 21.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdictionCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.621.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 21.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.721.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.821.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.921.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.1021.10. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his/her classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund, found on the Company’s Website.
21.11. It is agreed that the Company shall have the right to transfer the Client money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to the Client for the purposes of paragraph 36 38 of the Agreement.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.121.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. Additionally, the Company may, at its own discretion, place Client money into one or more qualifying money market fund (where CySEC permits this). The units in such qualifying money market fund(s) shall be held in accordance with the requirements for holding financial instruments belonging to Clients. The Client may oppose to the placement of his/her funds in a qualifying money market fund via written request to the Company.
20.221.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution institutions of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.321.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, ,the Company:
(a) a. shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) b. shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) c. shall at all times keep Client money segregated from the Company’s own moneyownmoney;
(d) d. shall not use Client money in the course of its own business;
(e) e. shall take the necessary steps to ensure that Client money deposited with a financial an institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) f. shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.421.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution institutions according to paragraph 20.2 21.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.521.5. The financial institution institutions (of paragraph 20.1 21.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution institutions outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdictionCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.621.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 21.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial that institution is insufficient to satisfy the claims of the Client.
20.721.7. It is understood that the Company may hold Client money and the money of other clients Clients in the same account (omnibus account).
20.821.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interesttointerest.
20.921.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interestanyinterest.
20.1021.10. It The Company is agreed a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company shall have is unable to meet its obligations as explained in the right to transfer document with the Client money to successors or assignees or transferees or buyerstitle Investors Compensation Fund, with ten (10) Business Days prior Written Notice to found on the Client for the purposes of paragraph 36 of the AgreementCompany’s Website.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.128.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.228.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 Paragraph 28.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.328.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) 28.3.1. shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) 28.3.2. shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) 28.3.3. shall at all times keep Client money segregated from the Company’s own money;
(d) 28.3.4. shall not use Client money in the course of its own business;
(e) 28.3.5. shall take the necessary steps to ensure that Client the Client’s money deposited with a financial institution (according to paragraph 20.1 Paragraph 28.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) 28.3.6. shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client the Client’s money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.428.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 Paragraph 28.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.528.5. The financial institution (of paragraph 20.1 Paragraph 28.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution outside Cyprus, or the jurisdiction EEA will be different from that of the relevant jurisdictionCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.628.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 28.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.728.7. It is understood that the Company may hold Client the Client’s money and the money of other clients in the same account (omnibus account).
20.828.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.928.9. The Company may deposit Client the Client’s money in overnight deposits and will be allowed to keep any interest.
20.1028.10. It The Company is a member of the Investors Compensation Fund (ICF). So, depending on the Client’s classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund, found on the Company’s Website.
00.00. Xx is agreed that the Company shall have the right to transfer the Client Client’s money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to the Client for the purposes of paragraph 36 Paragraph 45 of the Agreement.
28.12. The Company shall not conclude title transfer financial collateral arrangements with any Client who is a Retail Client for the purpose of securing or covering present or future, actual or contingent or prospective obligations of such Client.
28.13. The Company shall not grant security interests, liens or rights of set-off over the Client’s money enabling a third party to dispose of the Client's money in order to recover debts that do not relate to the Client or provision of services to the Client, unless this is required by Applicable Law in a third country jurisdiction in which the Client money may be held. If the Company will enter into such an agreement, it will amend this Client Agreement accordingly to reflect this.
28.14. The Company provides to the Client access to an online system on which the Client can obtain information in relation to the Client money that the Company holds on behalf of the Client, as provided by Applicable Regulations.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.119.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside the relevant jurisdiction) such as a credit institution or a bank in a third countryFinancial Institutions. It is understood that the Company may keep merchant accounts in its name, as the operator, or in the name of another company, acting as a merchant, whose details are found on the preamble of this Agreement, with payment services providers used to settle payment transactions of its Clients.
19.2. However, for the avoidance of doubt, it is noted clarified that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. It is agreed that the Company may use the services of a merchant company for facilitating all communications in an electronic payment transaction.
20.219.3. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 of this Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.3. According to Applicable Regulations, for For the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client moneyClientmoney;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 19.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall Shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.419.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 19.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.5. The financial institution (of paragraph 20.1 of this Agreement) where Client money will be held may be within or outside the relevant jurisdiction. It is understood that the legal and regulatory regime applying to any such financial institution outside the jurisdiction will be different from that of the relevant jurisdiction. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdiction.
20.619.5. The financial institution to which the Company will pass Client money (as per paragraph 20.1 clause 19.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any orany other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be willbe exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.719.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.819.7. The Company shall not account to the Client for profits or interest earned on Client money (other money(other than profit gained through trading Transactions from his Trading Account(s) under this AgreementthisAgreement) and the Client waives all right to interest.
20.919.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.1019.9. It is agreed that the Company shall have the right to transfer the Client money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to the Client for the purposes of paragraph 36 38 of the Agreement.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.121.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.221.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.321.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.421.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 21.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.521.5. The financial institution (of paragraph 20.1 21.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdictionCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.621.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 21.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.721.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.821.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.921.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.1021.10. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his/her classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund, found on the Company’s Website.
21.11. It is agreed that the Company shall have the right to transfer the Client money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to the Client for the purposes of paragraph 36 38 of the Agreement.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money.
20.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside the relevant jurisdiction) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 of this Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 of this Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall introduce adequate organisational arrangements to minimise the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 of this Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.5. The financial institution (of paragraph 20.1 of this Agreement) where Client money will be held may be within or outside the relevant jurisdiction. It is understood that the legal and regulatory regime applying to any such financial institution outside the jurisdiction will be different from that of the relevant jurisdiction. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdiction.
20.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 of this Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.10. It is agreed that the Company shall have the right to transfer the Client money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to the Client for the purposes of paragraph 36 of the Agreement.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.122.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside the relevant jurisdiction) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.222.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 22.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.322.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records rec- ords and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution insti- tution (according to paragraph 20.1 22.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.422.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 22.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.5. The financial institution (of paragraph 20.1 of this Agreement) where Client money will be held may be within or outside the relevant jurisdiction. It is understood that the legal and regulatory regime applying to any such financial institution outside the jurisdiction will be different from that of the relevant jurisdiction. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdiction.
20.622.5. The financial institution to which the Company will pass Client money (as per paragraph 20.1 22.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.722.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.822.7. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.922.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.1022.9. It The Company is agreed a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company shall have is unable to meet its obligations as explained in the right to transfer document with the Client money to successors or assignees or transferees or buyerstitle Investors Compensation Fund, with ten (10) Business Days prior Written Notice to found on the Client for the purposes of paragraph 36 of the AgreementCompany’s Website.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.121.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. Additionally, the Company may, at its own discretion, place Client money into one or more qualifying money market fund (where CySEC permits this). The units in such qualifying money market fund(s) shall be held in accordance with the requirements for holding financial instruments belonging to Clients. The Client may oppose to the placement of his/her funds in a qualifying money market fund via written request to the Company.
20.221.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution institutions of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.321.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) a. shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) b. shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) c. shall at all times keep Client money segregated from the Company’s own money;
(d) shall ; d.shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 of this Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall introduce adequate organisational arrangements to minimise the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 of this Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.5. The financial institution (of paragraph 20.1 of this Agreement) where Client money will be held may be within or outside the relevant jurisdiction. It is understood that the legal and regulatory regime applying to any such financial institution outside the jurisdiction will be different from that of the relevant jurisdiction. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdiction.
20.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 of this Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.10. It is agreed that the Company shall have the right to transfer the Client money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to the Client for the purposes of paragraph 36 of the Agreement.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.1
24.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside the relevant jurisdictionSeychelles) such as a credit institution or a bank in a third countrybank. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.224.2. According to Applicable Regulations, the The Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.324.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.424.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.5. The financial institution (of paragraph 20.1 of this Agreement) where Client money will be held may be within or outside the relevant jurisdiction. It is understood that the legal and regulatory regime applying to any such financial institution outside the jurisdiction will be different from that of the relevant jurisdiction. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdiction.
20.624.5. The financial institution to which the Company will pass Client money (as per paragraph 20.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.724.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.824.7. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.924.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.10. It is agreed that the Company shall have the right to transfer the Client money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to the Client for the purposes of paragraph 36 of the Agreement.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.121.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.221.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the Exclusive Change Capital Ltd is licensed and regulated by Cyprus securities and Exchange Commission (CySEC) under license number: CIF 330/17 Address: 00 Xxxxx Xxxxxx, Xxxxxx X0, Xxxxxxxx, 0000 Xxxxxxxx, Xxxxxx Tel: +000 00 000000 Fax: +000 00 000000 email: xxxx@xxxxxxxxxxxxxxxx.xxx protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.321.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.421.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 21.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.521.5. The financial institution (of paragraph 20.1 21.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdictionCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.621.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 21.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.721.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.821.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.921.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.. Exclusive Change Capital Ltd is licensed and regulated by Cyprus securities and Exchange Commission (CySEC) under license number: CIF 330/17 Address: 00 Xxxxx Xxxxxx, Xxxxxx X0, Xxxxxxxx, 0000 Xxxxxxxx, Xxxxxx Tel: +000 00 000000 Fax: +000 00 000000 email: xxxx@xxxxxxxxxxxxxxxx.xxx
20.1021.10. It The Company is agreed a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company shall have is unable to meet its obligations as explained in the right to transfer document with the Client money to successors or assignees or transferees or buyerstitle Investors Compensation Fund, with ten (10) Business Days prior Written Notice to found on the Client for the purposes of paragraph 36 of the AgreementCompany’s Website.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.121.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.221.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.321.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 of this Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.521.4. The financial institution (of paragraph 20.1 21.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdiction. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.621.5. The financial institution to which the Company will pass Client money (as per paragraph 20.1 21.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.721.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). In such instance, the Client is warned that there is a risk of loss emanating from the use of omnibus accounts in financial or credit institutions. Omnibus accounts may also hold other types of risks including legal, liquidation risk, haircut risk, third party risk etc.
20.821.7. The Company shall not account to the Client for profits or income payments and interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interestinterest payments from the deposit of clients funds with the Company.
20.921.8. The Company is a member of the Investors Compensation Fund (ICF). The objective of the ICF is to secure any claims of the covered clients, i.e. Retail Clients, against members of the ICF. The main essence of the ICF is to compensate covered clients for any claims arising from the failure of a member of the ICF to fulfil its obligations towards its clients despite whether that obligation arises from the legislation, the client agreement or from wrongdoing on the part of the member of the ICF. The maximum limit of compensation coverage equals to 20.000EUR or 90% of the covered investor’s claim whichever is lower. So, depending on his/her classification, the Client may deposit Client money be entitled to compensation from the ICF in overnight deposits and will be allowed to keep any interest.
20.10. It is agreed the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund that can be found in the About Us area under Legal Documents on xxx.xxxxxxxxxxxx.xxx .
21.9. The Company shall have not conclude title transfer financial collateral arrangements with any Client who is a Retail Client for the right purpose of securing or covering present or future, actual or contingent or prospective obligations of such Client.
21.10. The Company shall not grant security interests, liens or rights of set-off over Client money enabling a third party to transfer dispose of the Client's money in order to recover debts that do not relate to the Client or provision of services to the Client, unless this is required by Applicable Law in a third country jurisdiction in which the Client money may be held. If the Company will enter into such an agreement, it will amend this Client Agreement accordingly to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice reflect this.
21.11. The Company provides to the Client for access to an online system on which the purposes of paragraph 36 Client can obtain information in relation to the Client money that the Company holds on behalf of the AgreementClient, as provided by Applicable Regulations.
21.12. Given the nature of the business relationship, the Company will provide the Client with information on the amount of the assets held by the Company, i.e. financial instruments or funds, through the Trading Account. Upon client request, the Company shall provide such statement more frequently at no cost, as it will be agreed with the Client. The Company shall send to the client a statement of the client funds held by the Company, via email, on a quarterly basis.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.119.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside the relevant jurisdiction) such as a credit institution or a bank in a third countryFinancial Institutions. It is understood that the Company may keep merchant accounts in its name, as the operator, or in the name of another company, acting as a merchant, whose details are found on the preamble of this Agreement, with payment services providers used to settle payment transactions of its Clients.
19.2. However, for the avoidance of doubt, it is noted clarified that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. It is agreed that the Company may use the services of a merchant company for facilitating all communications in an electronic payment transaction.
20.219.3. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 of this Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.3. According to Applicable Regulations, for For the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 19.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall Shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.419.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 19.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.5. The financial institution (of paragraph 20.1 of this Agreement) where Client money will be held may be within or outside the relevant jurisdiction. It is understood that the legal and regulatory regime applying to any such financial institution outside the jurisdiction will be different from that of the relevant jurisdiction. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdiction.
20.619.5. The financial institution to which the Company will pass Client money (as per paragraph 20.1 clause 19.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.719.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.819.7. The Company shall not account to the Client for profits or interest earned on Client money (other money(other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.919.8. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.1019.9. It is agreed that the Company shall have the right to transfer the Client money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to the Client for the purposes of paragraph 36 38 of the Agreement.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.1. 24.1 The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clientsclien ts’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. Additionally, the Company may, at its own discretion, place Client money into one or more qualifying money market fund (where CySEC permits this). The units in such qualifying money market fund(s) shall be held in accordance with the requirements for holding financial instruments belonging to Clients. The Client may oppose to the placement of his/her funds in a qualifying money market fund via written request to the Company.
20.2. 24.2 According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution institutions of paragraph 20.1 23.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.3. 24.3 According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) a. shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) b. shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) c. shall at all times keep Client money segregated from the Company’s own money;
(d) d. shall not use Client money in the course of its own business;
(e) e. shall take the necessary steps to ensure that Client money deposited with a financial an institution (according to paragraph 20.1 23.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) f. shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.4. 24.4 The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution institutions according to paragraph 20.2 23.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.5. 24.5 The financial institution institutions (of paragraph 20.1 23.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution institutions outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdictionCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.6. 24.6 The financial institution to which the Company will pass Client money (as per paragraph 20.1 23.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial that institution is insufficient to satisfy the claims of the Client.
20.7. 24.7 It is understood that the Company may hold Client money and the money of other clients Clients in the same account (omnibus account).
20.8. 24.8 The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.9. 24.9 The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.1024.10 The Company is a member of the Investors Compensation Fund (ICF). It is agreed So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company shall have is unable to meet its obligations as explained in the right to transfer document with the Client money to successors or assignees or transferees or buyerstitle Investors Compensation Fund, with ten (10) Business Days prior Written Notice to found on the Client for the purposes of paragraph 36 of the AgreementCompany’s Website .
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.121.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.221.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.321.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(ai) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(bj) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(ck) shall at all times keep Client money segregated from the Company’s own money;
(dl) shall not use Client money in the course of its own business;
(em) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(fn) shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.421.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 21.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.521.5. The financial institution (of paragraph 20.1 21.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdictionCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.621.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 21.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.721.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.821.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.921.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.1021.10. It The Company is agreed a member of the Investors Compensation Fund (ICF). So, depending on his/her classification, the Client may be entitled to compensation from the ICF in the event that the Company shall have is unable to meet its obligations as explained in the right to transfer document with the Client money to successors or assignees or transferees or buyerstitle Investors Compensation Fund, with ten (10) Business Days prior Written Notice to found on the Client for the purposes of paragraph 36 of the AgreementCompany’s Website.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.121.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.221.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.321.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.421.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 21.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.521.5. The financial institution (of paragraph 20.1 21.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdictionCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.621.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 21.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.721.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.821.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.921.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.1021.10. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund, found on the Company’s Website.
21.11. It is agreed that the Company shall have the right to transfer the Client money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to the Client for the purposes of paragraph 36 38 of the Agreement.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.1
21.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.221.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.321.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 of this Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.521.4. The financial institution (of paragraph 20.1 21.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdiction. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.621.5. The financial institution to which the Company will pass Client money (as per paragraph 20.1 21.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.721.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account). In such instance, the Client is warned that there is a risk of loss emanating from the use of omnibus accounts in financial or credit institutions. Omnibus accounts may also hold other types of risks including legal, liquidation risk, haircut risk, third party risk etc.
20.821.7. The Company shall not account to the Client for profits or income payments and interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interestinterest payments from the deposit of clients funds with the Company.
20.921.8. The Company is a member of the Investors Compensation Fund (ICF). The objective of the ICF is to secure any claims of the covered clients, i.e. Retail Clients, against members of the ICF. The main essence of the ICF is to compensate covered clients for any claims arising from the failure of a member of the ICF to fulfil its obligations towards its clients despite whether that obligation arises from the legislation, the client agreement or from wrongdoing on the part of the member of the ICF. The maximum limit of compensation coverage equals to 20.000EUR or 90% of the covered investor’s claim whichever is lower. So, depending on his/her classification, the Client may deposit Client money be entitled to compensation from the ICF in overnight deposits and will be allowed to keep any interest.
20.10. It is agreed the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund that can be found in the About Us area under Legal Documents on xxx.xxxxxxxxxxxx.xxx .
21.9. The Company shall have not conclude title transfer financial collateral arrangements with any Client who is a Retail Client for the right purpose of securing or covering present or future, actual or contingent or prospective obligations of such Client.
21.10. The Company shall not grant security interests, liens or rights of set-off over Client money enabling a third party to transfer dispose of the Client's money in order to recover debts that do not relate to the Client or provision of services to the Client, unless this is required by Applicable Law in a third country jurisdiction in which the Client money may be held. If the Company will enter into such an agreement, it will amend this Client Agreement accordingly to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice reflect this.
21.11. The Company provides to the Client for access to an online system on which the purposes of paragraph 36 Client can obtain information in relation to the Client money that the Company holds on behalf of the AgreementClient, as provided by Applicable Regulations.
21.12. Given the nature of the business relationship, the Company will provide the Client with information on the amount of the assets held by the Company, i.e. financial instruments or funds, through the Trading Account. Upon client request, the Company shall provide such statement more frequently at no cost, as it will be agreed with the Client. The Company shall send to the client a statement of the client funds held by the Company, via email, on a quarterly basis.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.121.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside the relevant jurisdictionBahamas) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.221.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.321.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.421.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 21.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.521.5. The financial institution (of paragraph 20.1 21.1 of this Client Agreement) where Client money will be held may be within or outside the relevant jurisdictionBahamas. It is understood that the legal and regulatory regime applying to any such financial institution outside the jurisdiction Bahamas will be different from that of the relevant jurisdictionBahamas. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionBahamas.
20.621.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 21.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.721.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.821.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.921.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.1021.10. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his/her classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund, found on the Company’s Website.
21.11. It is agreed that the Company shall have the right to transfer the Client money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to the Client for the purposes of paragraph 36 38 of the Agreement.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.121.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions. Additionally, the Company may, at its own discretion, place Client money into one or more qualifying money market fund (where CySEC permits this). The units in such qualifying money market fund(s) shall be held in accordance with the requirements for holding financial instruments belonging to Clients. The Client may oppose to the placement of his/her funds in a qualifying money market fund via written request to the Company.
20.221.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution institutions of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.321.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) a. shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such Clients’;such records shall be accurate and correspond to the Client money;
(b) b. shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) c. shall at all times keep Client money segregated from the Company’s own money;
(d) d. shall not use Client money in the course of its own business;
(e) e. shall take the necessary steps to ensure that Client money deposited with a financial an institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) f. shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.421.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution institutions according to paragraph 20.2 21.2 of this Client Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.521.5. The financial institution institutions (of paragraph 20.1 21.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution institutions outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdictionCyprus. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.621.6. The financial institution to which the Company will pass Client money (as per paragraph 20.1 21.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial that institution is insufficient to satisfy the claims of the Client.
20.721.7. It is understood that the Company may hold Client money and the money of other clients Clients in the same account (omnibus account).
20.821.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.921.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.1021.10. It The Company is agreed a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company shall have is unable to meet its obligations as explained in the right to transfer document with the Client money to successors or assignees or transferees or buyerstitle Investors Compensation Fund, with ten (10) Business Days prior Written Notice to found on the Client for the purposes of paragraph 36 of the AgreementCompany’s Website.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.121.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.221.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.321.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 of this Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.521.4. The financial institution (of paragraph 20.1 21.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution outside Cyprus or the jurisdiction EEA will be different from that of the relevant jurisdiction. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdictionCyprus.
20.621.5. The financial institution to which the Company will pass Client money (as per paragraph 20.1 21.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims theclaims of the Client.
20.721.6. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.821.7. The Company shall not account to the Client for profits or income payments and interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interestinterest payments from the deposit of clients funds with the Company.
20.921.8. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his/her classification, the Client may deposit Client money be entitled to compensation from the ICF in overnight deposits and will be allowed to keep any interest.
20.10. It is agreed the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund that can be found in the About Us area under Legal Documents on xxx.xxxxxxxxxxxx.xxx .
21.9. The Company shall have not conclude title transfer financial collateral arrangements with any Client who is a Retail Client for the right purpose of securing or covering present or future, actual or contingent or prospective obligations of such Client.
21.10. The Company shall not grant security interests, liens or rights of set-off over Client money enabling a third party to transfer dispose of the Client's money in order to recover debts that do not relate to the Client or provision of services to the Client, unless this is required by Applicable Law in a third country jurisdiction in which the Client money may be held. If the Company will enter into such an agreement, it will amend this Client Agreement accordingly to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice reflect this.
21.11. The Company provides to the Client for access to an online system on which the purposes of paragraph 36 Client can obtain information in relation to the Client money that the Company holds on behalf of the AgreementClient, asprovided by Applicable Regulations. In addition, the Company shall send to the client a statement of the client funds held by the Company, via email, on a quarterly basis.
Appears in 1 contract
Samples: Client Agreement
Safeguarding of Client Money. 20.121.1. The Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions (within or outside Cyprus or the relevant jurisdictionEEA) such as a credit institution or a bank in a third country. It is understood that the Company may keep merchant accounts in its name with payment services providers used to settle payment transactions of its Clients. However, for the avoidance of doubt, it is noted that such merchant accounts are not used for safekeeping of Client money but only to effect settlements of payment transactions.
20.221.2. According to Applicable Regulations, the Company shall exercise due skill, care and diligence in the selection and appointment and periodic review of the financial institution of paragraph 20.1 21.1 of this Client Agreement and the arrangements for holding of Client money. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. Diversification requirements will not apply to client money placed with a third party merely for the purpose of executing a Transaction for the Client.
20.321.3. According to Applicable Regulations, for the purposes of safeguarding of Client money, the Company:
(a) shall keep such records and accounts as are necessary to distinguish Clients’ assets from its own and of other Clients’; such records shall be accurate and correspond to the Client money;
(b) shall conduct, on a regular basis, reconciliations between its internal accounts and records and those of any third parties by whom those assets are held;
(c) shall at all times keep Client money segregated from the Company’s own money;
(d) shall not use Client money in the course of its own business;
(e) shall take the necessary steps to ensure that Client money deposited with a financial institution (according to paragraph 20.1 21.1 of this Client Agreement) are held in an account(s) identified separately from any accounts used to hold funds of the Company;
(f) shall introduce adequate organisational organizational arrangements to minimise minimize the risks of the loss or diminution of Client money, as a result of misuse, fraud, poor administration, inadequate record keeping or negligence.
20.4. The Company has duty to and shall exercise due skill, care and diligence in the selection and monitoring of the financial institution according to paragraph 20.2 of this Agreement. The Company takes into account the expertise and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
20.521.4. The financial institution (of paragraph 20.1 21.1 of this Client Agreement) where Client money will be held may be within or outside Cyprus or the relevant jurisdictionEEA. It is understood that the legal and regulatory regime applying to any such financial institution outside Cyprus or the jurisdiction EEA will be different from that of Cyprus. Authorised and regulated by the relevant jurisdiction. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client’s money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in the relevant jurisdiction.
20.6Cyprus Securities and Exchange Commission under License number 343/17 21.5. The financial institution to which the Company will pass Client money (as per paragraph 20.1 21.1 of this Client Agreement) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
20.7. It is understood that the Company may hold Client money and the money of other clients in the same account (omnibus account).
20.8. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his Trading Account(s) under this Agreement) and the Client waives all right to interest.
20.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
20.10. It is agreed that the Company shall have the right to transfer the Client money to successors or assignees or transferees or buyers, with ten (10) Business Days prior Written Notice to the Client for the purposes of paragraph 36 of the Agreement.
Appears in 1 contract
Samples: Client Agreement