Common use of Safekeeping of Financial Instruments Clause in Contracts

Safekeeping of Financial Instruments. 11.1 The Client’s Financial Instruments shall be deposited for safekeeping with a third party / custodian in the name of the Client and/or in the name of the Company on behalf of the client subject to the terms of this agreement. Such Financial Instruments may not be separately identifiable from the proprietary Financial Instruments of the third party / custodian and in such cases the Client may not be fully protected against any act, omission or the insolvency of the third party / custodian. 11.2 The Company shall act with diligence and care during the appointment and monitoring of the third party / custodian for the holding and safeguarding of Financial Instruments. The Company shall not be liable for any loss suffered by the Client due to any act, omission or the insolvency of the third party / custodian, unless such loss is the result of gross negligence or fraud by the Company in the appointment or monitoring of the third party / custodian. 11.3 The Client’s Financial Instruments in accordance with the provisions of paragraph 11.1 may be held with Financial Instruments of other clients in a pooled account with a third party / custodian. Consequently, in the event of default on the part of the third party / custodian which causes a shortfall in the Financial Instruments held in the pooled account, the Client may share proportionately in that shortfall. 11.4 Where the Financial Instruments and assets of the Client are deposited for safekeeping with a third party / custodian of the Client’s choice, the Client will enter directly into an agreement with the third party / custodian of his choice and will notify the Company in writing of the appointment and the details of the third party / custodian. 11.5 Where the Know-Your-Client (KYC) documents such as copy of valid passport/identity card and Proof of Address supplied by the Client during the account opening onboarding process are not certified and notarised by a relevant authority from the Client’s home country, or in cases where the Client refuses or is unable to furnish updated KYC documents as requested from time to time by the Company, then the custody and safe-keeping of financial instruments will be entrusted and transferred to the Company’s 100% subsidiary – Eurivex Nominees Ltd, a company incorporated in England and Wales, on 11 November 2014 with registration number 9304579. Only after the submission of updated, certified and notarised documents, such financial instruments will be transferred back to the safe custody of the Company.

Safekeeping of Financial Instruments. 11.1 (1) The Client’s Financial Instruments shall Instruments, unless they fall under a class of OTC derivatives that has been declared subject to the clearing obligation of Article 4 of EMIR, will be deposited for safekeeping and custody with a the Company and it shall be the Company performing the valuation of such Financial Instruments, including the valuation of margin required to maintain such positions. (2) Due to the bespoke nature of the Financial Instruments that the Company makes available to Clients for trading, it may not be possible to transfer any positions in Financial Instruments to any third party / custodian in custodian. In such cases, the name positions will have to be closed, and the Client will be able to transfer the proceeds from such positions. It is also not possible, due to the bespoke nature of CFDs and FXOptions, to receive for safekeeping and custody any such instruments the Client keeps under the safekeeping and custody of any third party. (3) In the event of the Client and/or in death of a Client, once the name Company confirms the identity of the Client’s heirs and their lawful right to the estate of the deceased Client, it shall liquidate any positions the deceased Client had in his / her Trading Account and distribute the proceeds, net of any amounts owed to the Company, to the Client’s heirs. (4) The Company will, when it is under an obligation to report transactions under Article 9 of EMIR, report or cause the reporting of such transactions, positions held under its safekeeping and custody or the termination of such positions on behalf of the client subject its Clients to the terms a trade repository of this agreement. Such Financial Instruments may not be separately identifiable from the proprietary Financial Instruments of the third party / custodian and in such cases the Client may not be fully protected against any act, omission or the insolvency of the third party / custodianits choice. 11.2 (5) The Company shall act with diligence and care during in the selection and appointment and monitoring of a central counterparty for any of the third party / custodian for Financial Instruments of Clause 14(1) that are under the holding and safeguarding clearing obligation of Financial InstrumentsArticle 4 of EMIR. The Company shall not be liable for any loss suffered by the Client due to any act, omission or the insolvency of the third party / custodiancentral counterparty, unless such loss is the result of gross negligence or fraud by the Company in the appointment or monitoring of the third party / custodiancentral counterparty. 11.3 The Client’s Financial Instruments in accordance with the provisions of paragraph 11.1 may be held with Financial Instruments of other clients in a pooled account with a third party / custodian. Consequently, in the event of default on the part of the third party / custodian which causes a shortfall in the Financial Instruments held in the pooled account, the Client may share proportionately in that shortfall. 11.4 Where the Financial Instruments and assets of the Client are deposited for safekeeping with a third party / custodian of the Client’s choice, the Client will enter directly into an agreement with the third party / custodian of his choice and will notify the Company in writing of the appointment and the details of the third party / custodian. 11.5 Where the Know-Your-Client (KYC) documents such as copy of valid passport/identity card and Proof of Address supplied by the Client during the account opening onboarding process are not certified and notarised by a relevant authority from the Client’s home country, or in cases where the Client refuses or is unable to furnish updated KYC documents as requested from time to time by the Company, then the custody and safe-keeping of financial instruments will be entrusted and transferred to the Company’s 100% subsidiary – Eurivex Nominees Ltd, a company incorporated in England and Wales, on 11 November 2014 with registration number 9304579. Only after the submission of updated, certified and notarised documents, such financial instruments will be transferred back to the safe custody of the Company.

Safekeeping of Financial Instruments. 11.1 The Client’s Financial Instruments shall be deposited for safekeeping with a third party / custodian in the name of the Client and/or in the name of the Company on behalf of the client subject to the terms of this agreement. Such Financial Instruments may not be separately identifiable from the proprietary Financial Instruments of the third party / custodian and in such cases the Client may not be fully protected against any act, omission or the insolvency of the third party / custodian. 11.2 The Company shall act with diligence and care during the appointment and monitoring of the third party / custodian for the holding and safeguarding of Financial Instruments. The Company shall not be liable for any loss suffered by the Client due to any act, omission or the insolvency of the third party / custodian, unless such loss is the result of gross negligence or fraud by the Company in the appointment or monitoring of the third party / custodian. 11.3 The Client’s Financial Instruments in accordance with the provisions of paragraph 11.1 may be held with Financial Instruments of other clients in a pooled account with a third party / custodian. Consequently, in the event of default on the part of the third party / custodian which causes a shortfall in the Financial Instruments held in the pooled account, the Client may share proportionately in that shortfall. 11.4 Where the Financial Instruments and assets of the Client are deposited for safekeeping with a third party / custodian of the Client’s choice, the Client will enter directly into an agreement with the third party / custodian of his choice and will notify the Company in writing of the appointment and the details of the third party / custodian. 11.5 Where the Know-Your-Client (KYC) documents such as copy of valid passport/identity card and Proof of Address supplied by the Client during the account opening onboarding process are not certified and notarised by a relevant authority from the Client’s home country, or in cases where the Client refuses or is unable to furnish updated KYC documents as requested from time to time by the Company, then the custody and safe-keeping of financial instruments will be entrusted and transferred to the Company’s 100% subsidiary – Eurivex Nominees Ltd, a company incorporated in England and Wales, on 11 November 2014 with registration number 9304579. Only after the submission of updated, certified and notarised documents, such financial instruments will be transferred back to the safe custody of the Company.

Safekeeping of Financial Instruments. 11.1 The Client’s Financial Instruments shall be deposited for safekeeping with a third party / custodian in the name of the Client and/or in the name of the Company on behalf of the client Client subject to the terms of this agreementAgreement. Such Financial Instruments may not be separately identifiable from the proprietary Financial Instruments of the third party / custodian and in such cases the Client may not be fully protected against any act, omission or the insolvency of the third party / custodian. 11.2 The Company shall act with diligence and care during the appointment and monitoring of the third party / custodian for the holding and safeguarding of Financial Instruments. The Company shall not be liable for any loss suffered by the Client due to any act, omission or the insolvency of the third party / custodian, unless such loss is the result of gross negligence or fraud by the Company in the appointment or monitoring of the third party / custodian. 11.3 The Client’s Financial Instruments in accordance with the provisions of paragraph 11.1 may be held with Financial Instruments of other clients in a pooled account with a third party / custodian. Consequently, in the event of default on the part of the third party / custodian which causes a shortfall in the Financial Instruments held in the pooled account, the Client may share proportionately in that shortfall. 11.4 Where the Financial Instruments and assets of the Client are deposited for safekeeping with a third party / custodian of the Client’s choice, the Client will enter directly into an agreement with the third party / custodian of his choice and will notify the Company in writing of the appointment and the details of the third party / custodian. 11.5 Where the Know-Your-Client (KYC) documents such as copy of valid passport/identity card and Proof of Address supplied by the Client during the account opening onboarding process are not certified and notarised by a relevant authority from the Client’s home country, or in cases where the Client refuses or is unable to furnish updated KYC documents as requested from time to time by the Company, then the custody and safe-keeping of financial instruments will be entrusted and transferred to the Company’s 100% subsidiary – Eurivex Nominees Ltd, a company incorporated in England and Wales, on 11 November 2014 with registration number 9304579. Only after the submission of updated, certified and notarised documents, such financial instruments will be transferred back to the safe custody of the Company.