Your Money. We will deal with your money in accordance with the client money regulations of the FCA. You grant to us the right (following your initial investment or any further investments) to hold your uninvested cash in a client bank account pending investment. We will not pay interest on money held in our client bank account unless we notify you otherwise. After termination of this Agreement, we may, subject to the applicable rules, retain your money for our own discretion if it remains unclaimed for a period of at least six years and provided that we have taken reasonable steps to trace you and return the balance.
Your Money. 12.1. We will normally settle transactions on a Delivery Versus Payment basis and when we do this any money received by us will not usually be eligible to be treated as client money under the FCA CASS Rules and will therefore not usually be eligible to be segregated from our own accounts.
12.2. If any money held on your behalf qualifies as client money for the purposes of the FCA CASS Rules, we, and any third party who we authorise to hold your money, will deal with your money in accordance with those rules and hold it in a segregated bank account, alongside the money of our other clients.
12.3. You agree that we will not pay you any interest on any client money held by us.
12.4. When considering which third party bank to use to hold client money, we will exercise all due skill, care and diligence and will periodically (at least annually) review the adequacy and appropriateness of any bank where your money is deposited and of the arrangements for holding your money, in accordance with the FCA CASS Rules. We will not be responsible for any acts, omissions or default of the third party bank.
12.5. If necessary, we may also allow another institution (either in the UK or in a jurisdiction outside the UK) such as an exchange, clearing house, overseas settlement agent or other intermediate broker to hold or control your money, but only if we transfer your money for the purpose of a transaction through or with that person or to meet any obligation that you may have to provide collateral for a transaction. If we do this, we will endeavour to ensure your money is held as client money under the FCA CASS Rules or an equivalent regulatory regime.
12.6. In the event of our failure (for example due to insolvency), any money held in a client money account by third parties will be segregated from our other assets and will not be available to our creditors. However, in the event of failure (for example due to the insolvency) of a third party, there may be a number of consequences for your money. These are detailed further below:
(a) Pooled account: because your client money will be held with other customers’ money in a pooled client money account, in the event that the third party bank holding the money defaults and there is a shortfall, you will share proportionately in that shortfall with other creditors of the bank where your client money is deposited;
(b) Non-UK bank accounts: You should be aware that, where your money is required to be held in a bank located in a juri...
Your Money. 15.1 We will treat any money we hold on your behalf as Client Money, and therefore hold your money in a segregated Client Money bank account.
15.2 We will hold your (and other customers') Client Money in a pooled client bank account with one or more third party bank or credit institutions, the identity of which is available on our Website. We will not be responsible for the acts or omissions of any third-party bank or credit institution holding your money. We may place funds in notice or term deposit accounts with a notice period or term of up to 95 days. Placing client money in notice or term deposit accounts does not in itself affect your ability to deal with or withdraw funds from your Account with us, however in the unlikely event of insolvency of OANDA Global Markets Limited, such amounts may not be immediately available upon request.
15.3 We will not pay interest on any Client Money that we hold on your behalf and by entering into this agreement you acknowledge that you therefore waive any entitlement to interest.
15.4 You agree that we may transfer Client Money to a third party as part of a transfer of all or part of our business.
Your Money. Your money will be held in the Corporate Client Account of Blackfinch held by Blackfinch Corporate Services Limited. The loans will be entered into through our Nominee Company. You grant to Blackfinch the right to hold your unadvanced cash in such an account until or unless it is transferred to the relevant borrower. Our Nominee Company, as soon as is reasonably practical, will claim and account for all interest and other payments or entitlements received and due to you, but is entitled to deduct or withhold any sum on account of any tax required to be so deducted or withheld and provide you with evidence of such deduction or withholding for your tax records. Your money may be transferred to third parties for the purposes of settling transactions in accordance with any applicable rules. After termination of the Agreement, we may, subject to the applicable rules, retain your money for our own discretion if it remains unclaimed for a period of at least 6 years and provided that we have taken reasonable steps to trace you and return the balance.
Your Money. 11.1 Your money shall be treated, at all times, in accordance with the applicable ‘Client Money’ rules, as amended from time to time.
11.2 Unless otherwise indicated, we will deposit your money in one or more segregated accounts held with a financial institution within or outside the European Economic Area (‘EEA’), separated from the Firm’s money. This means that all Client Money is treated as belonging to our clients and under no circumstance we will use it to meet any of our obligations, at any time. Your money will be pooled with money belonging to other clients in a Segregated Account, which shall act as an omnibus account. Therefore, no single Client will have a claim against a specific sum in a specific account in the event of insolvency. Any Client’s claim shall be against the Money held in the Segregated Account.
11.3 In general, accounts held with financial institutions, including omnibus accounts, face various risks, including potentially being treated as one account in case the institution defaults. Under such circumstances, the enforcement of the national deposit guarantee scheme may apply without consideration of the ultimate beneficial owners of an omnibus account.
11.4 The funds held in the Segregated Account may be exposed to obligations of FxPro connected with the positions of other Clients.
11.5 We will exercise reasonable skill, care and diligence in the selection, appointment and periodic review of the financial institutions with which we will hold Client Money, in accordance with our regulatory obligations. To this end, we take into account the credit rating of the institution(s) prior to depositing any Client Money, and take reasonable steps to periodically monitor their credit risk. We may use multiple institutions to ensure diversification and allocate internal percentage limits for each institution we decide to use. We will give instructions to the institution(s) regarding the transfer and movement(s) of Client Money. Where you have an open position, we reserve the right to set-off any unrealised losses incurred against any of the Client Money held by us, in any account. This means that we may transfer any or part of any unrealised losses incurred by you from the Segregated Account to an account of Cryptowayfx. Conversely, we may transfer any unrealised profits incurred by you as a result of an open position from an account of ours to the Omnibus Account.
11.6 Client Money held outside of the EEA may be subject to the jurisdiction ...
Your Money. 9.1 We are not permitted by the FCA to hold client money; we have appointed CUSTODIANS to arrange the safekeeping and administration of client money.
9.2 The CUSTODIANS have authority to engage one or more third parties, selected at their discretion to provide clearing, settlement, safe custody, nominee and associated services to you and to change the third party they have selected without your consent (each where appropriate, collectively referred to as the “Custodian”).
Your Money. 15.1 We will treat any money we hold on your behalf, irrespective of your classification as a Retail or Professional client, as Client Money in accordance with the FCA's Client Money Rules, and therefore hold your money in a segregated Client Money bank account.
15.2 We will hold your (and other customers') Client Money in a pooled client bank account with one or more third party bank or credit institution in the UK, that we choose in accordance with the Client Money Rules. We will not be responsible for the acts or omissions of any third party bank or credit institution holding your money. We may place funds in notice or term deposit accounts with a notice period or term of up to 95 days. Placing client money in notice or term deposit accounts does not in itself affect your ability to deal with or withdraw funds from your account with us, however in the unlikely event of insolvency of OANDA Europe Limited, such amounts may not be immediately available upon request.
15.3 We will not pay interest on any Client Money that we hold on your behalf and by entering into this agreement you acknowledge that you therefore waive any entitlement to interest under the Client Money Rules or otherwise.
15.4 If there has not been any movement on your Client Money balance for six years (disregarding any payment or receipt of interest, charges or similar items) and we have not been able to trace you despite having taken reasonable steps to do so, you consent to us paying your Client Money to a registered charity of our choice in accordance with the Client Money Rules. We will take reasonable steps to trace you and return your Client Money to you before donating it to charity. We (or another member of our group) will repay a sum equal to sum paid away in the event that you claim it in the future.
15.5 You agree that we may transfer Client Money to a third party as part of a transfer of all or part of our business in accordance with the Client Money Rules. Any sums transferred will be held in accordance with the Client Money Rules or, where this is not the case, we will exercise all due skill, care and diligence in assessing whether adequate measures are in place to protect such sums.
Your Money. 11.1. Your money deposited with us for the purposes of trading CFD products shall be treated as ‘Client Money’. For the avoidance of doubt, your money ceases to be ‘Client Money’ when it is placed as margin for opening positions.
11.2. Unless otherwise indicated, we will deposit your money in one or more segregated accounts held with a regulated financial institution within or outside the control of FxPro Group Ltd, but separated from FxPro’s money. This means that all client money is treated as belonging to our clients and under no circumstance we will use it to meet any of our obligations, at any time. Your money will be pooled with money belonging to other clients in a segregated account, which shall act as an omnibus account.
11.3. In general, accounts held with financial institutions, including omnibus accounts, face various risks, including potentially being treated as one account in case the institution defaults. FxPro reconciles all client money accounts on a daily basis to ensure that all the money belonging to our clients is correctly allocated.
11.4. The funds held in the segregated account may be exposed to obligations of FxPro connected with the positions of other Clients.
11.5. We shall not be held responsible for the solvency, acts or omissions of any institution with which client money is held, regardless of the jurisdiction.
11.6. We will not pay any interest on any client money held on your behalf, regardless of whether we receive interest on those deposits from the financial institution(s) with which we hold the funds.
11.7. We will carry out reconciliation of funds on a regular basis, and we will proceed with any required transfer to or from the segregated account on the next business day, unless this is not possible for any reason.
11.8. Any amounts corresponding to liabilities you have towards us, including liabilities arising as a result of abusing the negative balance protection, can be deducted directly from the balance of any of your Account(s) or Wallet under your profile.
11.9. You have the right to withdraw any part of the funds equal to the free Margin available in your Account(s) to your Wallet, subject to any applicable restrictions regarding its operation, and any other right or limitation on such withdrawal. We reserve the right to reject a withdrawal request in instances where we have reasonable grounds to believe that said instruction is being placed to abuse our Negative Balance Protection Policy (‘NBP’). Please refer t...
Your Money. 15.1 We will treat any money we hold on your behalf, irrespective of your classification as a Retail or Professional Client, as Client Money in accordance with the Investment Services Act (Control of Assets) Regulations of Malta, and therefore hold your money in a segregated Client Money bank account.
15.2 We will hold your (and other customers') Client Money in a pooled client bank account with one or more third party bank or credit institution, that we choose in accordance with the Control of Assets Regulations. We will not be responsible for the acts or omissions of any third party bank or credit institution holding your money.
15.3 We will not pay interest on any Client Money that we hold on your behalf and by entering into this agreement you acknowledge that you therefore waive any entitlement to interest under the Control of Assets Regulations or otherwise.
15.4 You agree that we may transfer Client Money to a third party as part of a transfer of all or part of our business in accordance with the Control of Assets Regulations. Any sums transferred will be held in accordance with these regulations, where this is not the case, we will exercise all due skill, care and diligence in assessing whether adequate measures are in place to protect such sums.
Your Money. 29.1. Unless we have classified you as a Wholesale Client and we have agreed with you otherwise, any money you transfer to us, or which has been transferred to us on your behalf (“Your Money”), will be held by us on trust for you at all times in a designated trust account for the purpose of complying with the Client Money Rules. Your Money will be segregated from our own money in accordance with the requirements of the Client Money Rules.
29.2. Your Money will be held in an account with an Australian Deposit Taking Institution (ADI) or an approved foreign bank (“Client Money Account”) which will be established, maintained and operated in accordance with the Client Money Rules and as set out in the PDS. The Client Money Rules provide that if we were to lose our AFS Licence, become insolvent or no longer carry on some of the activities authorised by our AFS Licence, then the money is held on trust for the clients entitled to it.
29.3. We will not invest any of the money held in trust in the Client Money Account.
29.4. Unless otherwise agreed, you will not be entitled to any interest on your money held by us and we will retain any interest that may be earned on your money.
29.5. You agree that you will not grant any security interest in any deposits in your Account to any person other than us.
29.6. In this clause 29 “Client Money Rules” means the provisions in Part 7.8 of the Corporations Xxx 0000 (Cth) and the relevant provisions of the Corporations Regulations 2001 (Cth).
