Common use of Your Securities Clause in Contracts

Your Securities. ‌ 1. All UK client assets are held by the UK Product Provider appointed by us in a nominee account with an approved third party’s custodian. When considering where assets are held the UK Product Provider will exercise all due skill, care and diligence and will periodically review the adequacy and appropriateness of any custodian where client assets are deposited. Your assets will be pooled with those of other clients, and as a result your holding may not be individually identifiable on the relevant company register. All US client assets are held outside the UK by the Execution Provider appointed by us in individual customer accounts fully disclosed to the Execution Provider, which means that your holding will be individually identifiable on the relevant company register and segregated from other users’ assets. The Execution Provider will enter into separate agreements with each Orca’s user to establish an account for such user via the Orca Platform at the Execution Provider platform. 2. The company that has issued the Securities may from time to time invite holders of their Securities to attend meetings, cast votes, subscribe for additional Securities and/or to take other actions. These are sometimes referred to as “corporate actions”. The registered holder of those Securities (i.e. the Custodians’ nominee(s) in this case) will be informed of these corporate actions. 3. The Custodians, Product Providers, Execution Provider and Orca do not have any obligation to, and will not ordinarily inform you of any such corporate actions. 4. You can request us to send you, for every Security you beneficial hold via our Service, the report and accounts and any other information issued by the Custodian regarding those Securities. We, the Product Providers or Execution Provider reserve the right to make a charge to cover the administration cost for facilitating this. 5. If, as the beneficial owner of the Securities, you wish to personally participate in voluntary corporate actions e.g., attend meetings and cast votes, it is your responsibility to keep yourself informed about such corporate actions. If you do want to attend a meeting and cast votes, then on each occasion you can request us to arrange this for you, provided in our opinion there is enough time to make these arrangements. In some cases, if it’s possible, Orca can notify, but is not obliged to do so, you about upcoming voluntary corporate actions and rights that you have in relation to them. We or the Product Providers reserve the right to make a charge to cover the administrative costs of making these arrangements. 6. If we do not receive a request from you that you wish to participate in a corporate action then you hereby: (i) irrevocably waive your right to exercise any corporate actions that may be exercised by the holder of the Securities that you beneficially own through our Service, and (ii) agree that the Custodian may in its discretion act on those corporate actions as it sees fit (which may include not to take any action at all). 7. To the extent that your Securities entitle the holder thereof to any proceeds (for example, dividends or interest in the form of cash) or to other benefits (for example, Securities issued by way of a rights issue) we will, promptly after having been informed of those proceeds or benefits, use reasonable endeavours to collect those from the relevant Custodians and either (i) convert those proceeds to GBP at the spot FX rate applicable at the time of receiving this information (12:00 UTC) if the proceeds are denominated in a foreign currency in accordance with the point 8.15.10 hereof and credit your Cash Balance with the GBP equivalent amount of that dividend that pertains to your holding once we have received those proceeds in cleared funds, or (ii) update our records to show the increased number of Securities held by you. 8. We are under no obligation to initiate or defend any legal action (including class action), join any shareholder action, or take any action with respect to your Securities (other than as set out above) that will require us to incur any expense – and we are not obliged to require any Custodian to do so – in respect of Securities that you hold through our Services. All dividends will be credited to your Orca Account in Pounds Sterling. The Custodian may, depending on the Security, receive the dividend in a foreign currency. The US Product Provider will be responsible for converting into Pounds Sterling in accordance with the point 8.15.10 hereof (FX fee is not applied). Foreign exchange rates may vary. 9. Dividend payments may be rounded. For example, you may not receive a dividend for the share if the final sum after tax deduction and currency conversion or other applicable charges is less than £0.01. 00. Xxx hereby instruct Orca on your behalf to sell any foreign currency balance in exchange for GBP at the spot FX rate applicable to you at the 12.00 UTC on the day of receipt via a third-party foreign exchange provider chosen by us.

Appears in 1 contract

Samples: Terms of Use

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Your Securities. ‌ 1. All UK client assets are held by the UK Product Provider appointed by us in a nominee account with an approved third party’s custodian. When considering where assets are held the UK Product Provider will exercise all due skill, care and diligence and will periodically review the adequacy and appropriateness of any custodian where client assets are deposited. Your assets will be pooled with those of other clients, and as a result your holding may not be individually identifiable on the relevant company register. All US client assets are held outside the UK by the Execution Provider appointed by us in individual customer accounts fully disclosed to the Execution Provider, which means that your holding will be individually identifiable on the relevant company register and segregated from other users’ assets. The Execution Provider will enter into separate agreements with each Orca’s user to establish an account for such user via the Orca Platform at the Execution Provider platform. 2. The company that has issued the Securities may from time to time invite holders of their Securities to attend meetings, cast votes, subscribe for additional Securities and/or to take other actions. These are sometimes referred to as “corporate actions”. The registered holder of those Securities (i.e. the Custodians’ nominee(s) Custodian in this case) will be informed of these corporate actions. 3. The CustodiansCustodian, Product Providers, Execution Provider and Orca do not have any obligation to, and will not ordinarily inform you of any such corporate actions. 4. You can request us to send you, for every Security you beneficial hold via our Service, the report and accounts and any other information issued by to the Custodian regarding those Securities. We, We or the Product Providers or Execution Provider reserve the right to make a charge to cover the administration cost for facilitating this. 5. If, as the beneficial owner of the Securities, you wish to personally participate in voluntary any corporate actions e.g., attend meetings and cast votes, it is your responsibility to keep yourself informed about such corporate actions. If you do want to attend a meeting and cast votes, then on each occasion you can request us to arrange this for you, provided in our opinion there is enough time to make these arrangements. In some cases, if it’s possible, Orca can notify, but is not obliged to do so, you about upcoming voluntary corporate actions and rights that you have in relation to them. We or the Product Providers Provider reserve the right to make a charge to cover the administrative costs of making these arrangements. 6. If we do not receive a request from you that you wish to participate in a corporate action then you hereby: : (i) irrevocably waive your right to exercise any corporate actions that may be exercised by the holder of the Securities that you beneficially own through our Service, and (ii) agree that the Custodian may in its discretion act on those corporate actions as it sees fit (which may include not to take any action at all). 7. To the extent that your Securities entitle the holder thereof to any proceeds (for example, dividends or interest in the form of cash) or to other benefits (for example, Securities issued by way of a rights issue) we will, promptly after having been informed of those proceeds or benefits, use reasonable endeavours to collect those from the relevant Custodians and either (i) convert those proceeds to GBP at the spot FX rate applicable at the time of receiving this information (12:00 UTC) if the proceeds are denominated in a foreign currency in accordance with the point 8.15.10 hereof and credit your Cash Balance with the GBP equivalent amount of that dividend that pertains to your holding once we have received those proceeds in cleared funds, or (ii) update our records to show the increased number of Securities held by you. 8. We are under no obligation to initiate or defend any legal action (including class action), join any shareholder action, or take any action with respect to your Securities (other than as set out above) that will require us to incur any expense – and we are not obliged to require any Custodian to do so – in respect of Securities that you hold through our Services. 9. All dividends will be credited to your Orca Account in Pounds Sterling. The Custodian may, depending on the Security, receive the dividend in a foreign currency. The US Product Provider Custodian will be responsible for converting into Pounds Sterling in accordance with the point 8.15.10 hereof (FX fee is not applied)Sterling. Foreign exchange rates may vary. 9. Dividend payments may be rounded. For example, you may not receive a dividend for the share if the final sum after tax deduction and currency conversion or other applicable charges is less than £0.01. 00. Xxx hereby instruct Orca on your behalf to sell any foreign currency balance in exchange for GBP at the spot FX rate applicable to you at the 12.00 UTC on the day of receipt via a third-party foreign exchange provider chosen by us.

Appears in 1 contract

Samples: Terms of Use

Your Securities. ‌ 1. All UK client assets are held by the UK Product Provider appointed by us in a nominee account with an approved third party’s custodian. When considering where assets are held the UK Product Provider The Custodian that holds Securities that you have acquired through our Services will exercise all due skill, care and diligence have legal title to those Securities and will periodically review hold those Securities in its name – in other words, the adequacy and appropriateness Custodian’s name will appear on all registers, etc. that show who the owner of any custodian where client assets are depositedthose Securities is. Your assets However, you will be pooled with the beneficial owner of those Securities – in other words, as between you, us and the Custodian, you are the ultimate owner of other clients, and as a result your holding may not be individually identifiable on the relevant company registerthose Securities. All US client assets are held outside the UK by the Execution Provider appointed by us in individual customer accounts fully disclosed to the Execution Provider, which means that your holding will be individually identifiable on the relevant company register and segregated from other users’ assets. The Execution Provider will enter into separate agreements with each Orca’s user to establish an account for such user via the Orca Platform at the Execution Provider platform. 2. The company that has issued the A person who holds Securities may from time to time invite holders be invited to cast votes in relation to the company whose Securities those are, attend meetings of their Securities to attend meetings, cast votesthose companies, subscribe for additional Securities and/or and/ or to take other actions, all on account of the fact that that person is a holder of those Securities. These are sometimes referred to as “corporate actions”. The registered holder of those Securities (i.e. the Custodians’ nominee(s) in this case) will be informed of these corporate actions.actions (i.e. the Custodian in this case). You hereby: 3. The Custodians, Product Providers, Execution Provider (i) acknowledge and Orca do not agree that we will have any obligation to, and will not ordinarily no duty to inform you of any such corporate actions. 4. You can request us to send you, for every Security you beneficial hold via our Service, the report and accounts and any other information issued by the Custodian regarding those Securities. We, the Product Providers or Execution Provider reserve the right to make a charge to cover the administration cost for facilitating this. 5. If, as the beneficial owner of the Securities, you wish to personally participate in voluntary corporate actions e.g.related to any Securities that are beneficially owned by you through our Services, attend meetings and cast votes, it is your responsibility to keep yourself informed about such corporate actions. If you do want to attend a meeting and cast votes, then on each occasion you can request us to arrange this for you, provided in our opinion there is enough time to make these arrangements. In some cases, even if it’s possible, Orca can notify, but is not obliged to do so, you about upcoming voluntary corporate actions and rights that you have in relation to them. We or the Product Providers reserve the right to make a charge to cover the administrative costs of making these arrangements.we become aware thereof, 6. If we do not receive a request from you that you wish to participate in a corporate action then you hereby: (iii) irrevocably waive your right to exercise any corporate actions that may be exercised by the holder of the Securities that you beneficially own through our Service, and and (iiiii) agree that the Custodian may in its discretion act on those corporate actions as it sees fit (which may include not to take any action at all). 7. To the extent that your Securities entitle the holder thereof to any proceeds (for example, dividends or interest in the form of cash) or to other benefits (for example, Securities issued by way of a rights issue) we will, promptly after having been informed of those proceeds or benefits, use reasonable endeavours to collect those from the relevant Custodians and either (i) convert those proceeds to GBP at the spot FX rate applicable at the time of receiving this information (12:00 UTC) if the proceeds are denominated in a foreign currency in accordance credit your Available Funds with the point 8.15.10 hereof and credit your Cash Balance with the GBP equivalent amount of that dividend that pertains to your holding once we have received those proceeds in cleared funds, or (ii) update our records to show the increased number of Securities held by you. 8. We are under no obligation to initiate or defend any legal action (including class action), join any shareholder action, or take any action with respect to your Securities (other than as set out above) that will require us to incur any expense – and we are not obliged to require any Custodian to do so – in respect of Securities that you hold through our Services. All dividends will be credited to your Orca Account in Pounds Sterling. The Custodian may, depending on the Security, receive the dividend in a foreign currency. The US Product Provider will be responsible for converting into Pounds Sterling in accordance with the point 8.15.10 hereof (FX fee is not applied). Foreign exchange rates may vary. 9. Dividend payments may be rounded. For example, you may not receive a dividend for the share if the final sum after tax deduction and currency conversion or other applicable charges is less than £0.01. 00. Xxx hereby instruct Orca on your behalf to sell any foreign currency balance in exchange for GBP at the spot FX rate applicable to you at the 12.00 UTC on the day of receipt via a third-party foreign exchange provider chosen by us.

Appears in 1 contract

Samples: Trading Terms & Conditions

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Your Securities. 1. All UK client assets are held by the UK Product Provider appointed by us in a nominee account with an approved third party’s custodian. When considering where assets are held the UK Product Provider will exercise all due skill, care and diligence and will periodically review the adequacy and appropriateness of any custodian where client assets are deposited. Your assets will be pooled with those of other clients, and as a result your holding may not be individually identifiable on the relevant company register. All US client assets are held outside the UK by the Execution Provider appointed by us in individual customer accounts fully disclosed to the Execution Provider, which means that your holding will be individually identifiable on the relevant company register and segregated from other users’ assets. The Execution Provider will enter into separate agreements with each Orca’s user to establish an account for such user via the Orca Platform at the Execution Provider platform. 2. The company that has issued the Securities may from time to time invite holders of their Securities to attend meetings, cast votes, subscribe for additional Securities and/or to take other actions. These are sometimes referred to as “corporate actions”. The registered holder of those Securities (i.e. the Custodians’ nominee(s) Custodian in this case) will be informed of these corporate actions. 3. The CustodiansCustodian, Product Providers, Execution Provider and Orca do not have any obligation to, and will not ordinarily inform you of any such corporate actions. 4. You can request us to send you, for every Security you beneficial hold via our Service, the report and accounts and any other information issued by to the Custodian regarding those Securities. We, We or the Product Providers or Execution Provider reserve the right to make a charge to cover the administration cost for facilitating this. 5. If, as the beneficial owner of the Securities, you wish to personally participate in voluntary any corporate actions e.g., attend meetings and cast votes, it is your responsibility to keep yourself informed about such corporate actions. If you do want to attend a meeting and cast votes, then on each occasion you can request us to arrange this for you, provided in our opinion there is enough time to make these arrangements. In some cases, if it’s possible, Orca can notify, but is not obliged to do so, you about upcoming voluntary corporate actions and rights that you have in relation to them. We or the Product Providers Provider reserve the right to make a charge to cover the administrative costs of making these arrangements. 6. If we do not receive a request from you that you wish to participate in a corporate action then you hereby: : (i) irrevocably waive your right to exercise any corporate actions that may be exercised by the holder of the Securities that you beneficially own through our Service, and (ii) agree that the Custodian may in its discretion act on those corporate actions as it sees fit (which may include not to take any action at all). 7. To the extent that your Securities entitle the holder thereof to any proceeds (for example, dividends or interest in the form of cash) or to other benefits (for example, Securities issued by way of a rights issue) we will, promptly after having been informed of those proceeds or benefits, use reasonable endeavours to collect those from the relevant Custodians and either (i) convert those proceeds to GBP at the spot FX rate applicable at the time of receiving this information (12:00 UTC) if the proceeds are denominated in a foreign currency in accordance with the point 8.15.10 hereof and credit your Cash Balance with the GBP equivalent amount of that dividend that pertains to your holding once we have received those proceeds in cleared funds, or (ii) update our records to show the increased number of Securities held by you. 8. We are under no obligation to initiate or defend any legal action (including class action), join any shareholder action, or take any action with respect to your Securities (other than as set out above) that will require us to incur any expense – and we are not obliged to require any Custodian to do so – in respect of Securities that you hold through our Services. 9. All dividends will be credited to your Orca Account in Pounds Sterling. The Custodian may, depending on the Security, receive the dividend in a foreign currency. The US Product Provider Custodian will be responsible for converting into Pounds Sterling in accordance with the point 8.15.10 hereof (FX fee is not applied)Sterling. Foreign exchange rates may vary. 9. Dividend payments may be rounded. For example, you may not receive a dividend for the share if the final sum after tax deduction and currency conversion or other applicable charges is less than £0.01. 00. Xxx hereby instruct Orca on your behalf to sell any foreign currency balance in exchange for GBP at the spot FX rate applicable to you at the 12.00 UTC on the day of receipt via a third-party foreign exchange provider chosen by us.

Appears in 1 contract

Samples: Terms of Use

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