Common use of Safekeeping of Financial Instruments Clause in Contracts

Safekeeping of Financial Instruments. 15.1. The Client confirms its acknowledgment and acceptance of the following conditions: 1. The Company executes the safekeeping of Clients’ Financial Instruments in third parties. A limited list of such third parties, with which the Company works, is contained in the Company’s …[name document]…. found on the Website and/or in the Strategy chosen by the Client. 2. The Company will carry out due diligence and take into account the expertise and market reputation of such third parties 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 the Client’s rights. 3. The Client accepts that the Company may, at its discretion and without any prior notification, delegate any of its functions concerning the holding of Financial Instruments to another third party. 4. The Company keeps records and accounts so as to enable the Company at any time and without delay to distinguish assets held for one client from assets held for any other client, as well as from the Company’s own assets. 5. The Company will take the necessary steps to ensure that any Client Financial Instruments deposited with a third party, are identifiable from any Financial Instruments belonging to the Company or such third party by means of differently titled accounts on the books of such third party or other equivalent measures that achieve the same level of protection as provided by Applicable Regulations. The third party to which the Company transfers Client’s Financial Instruments may hold those Financial Instruments in an omnibus account. Upon the Client's request the Company will provide information about a third party on which the Client’s Financial Instruments are stored. 6. The Client accepts that the Company may, at its discretion and without any prior notification, delegate any of its functions concerning the holding of Financial Instruments to another third party. 7. The Company keeps records and accounts so as to enable the Company at any time and without delay to distinguish assets held for one client from assets held for any other client, as well as from the Company’s own assets. 8. The Company will take the necessary steps to ensure that any Client Financial Instruments deposited with a third party, are identifiable from any Financial Instruments belonging to the Company or such third party by means of differently titled accounts on the books of such third party or other equivalent measures that achieve the same level of protection as provided by Applicable Regulations. The third party to which the Company transfers Client’s Financial Instruments may hold those Financial Instruments in an omnibus account. 9. If the Client instructs the Company to register Financial Instruments purchased through the Company in the name of any person specified by the Client, the consequences of such registration are entirely at the Client’s risk; 10. If any third party with whom the Company has deposited Financial Instruments fails to account for any Financial Instruments belonging to the Client in their Custody, the Company shall not be liable for any losses arising out of the actions, omissions or default of such party. 11. The Company will account to the Client for all dividends, interest payments and other rights accruing to the Client. 12. The Company will collect any dividends, interest, payments or other entitlements to which the Client may be entitled and of which the Company is notified and the Company will credit such amounts to the Client Account. 13. The Company shall send at least on a quarterly basis to the Client a statement in a durable medium of the Client financial instruments that it holds on behalf of the Client, unless it has already provided such information in any other periodic statement. If the Client requests such a statement more frequently, it will be provided with this at a reasonable cost.

Appears in 1 contract

Sources: Client Agreement

Safekeeping of Financial Instruments. 15.1. The Client confirms its acknowledgment and acceptance of the following conditions: 1. The Company executes the safekeeping of Clients’ Financial Instruments in third parties. A limited list of such third parties, with which the Company works, is contained in the Company’s …[name document]…. found on the Website and/or in the Strategy chosen by the Client. 2. The Company will carry out due diligence and take into account the expertise and market reputation of such third parties 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 the Client’s rights. 3. The Client accepts that the Company may, at its discretion and without any prior notification, delegate any of its functions concerning the holding of Financial Instruments to another third party. 4. The Company keeps records and accounts so as to enable the Company at any time and without delay to distinguish assets held for one client from assets held for any other client, as well as from the Company’s own assets. 5. The Company will take the necessary steps to ensure that any Client Financial Instruments deposited with a third party, are identifiable from any Financial Instruments belonging to the Company or such third party by means of differently titled accounts on the books of such third party or other equivalent measures that achieve the same level of protection as provided by Applicable Regulations. The third party to which the Company transfers Client’s Financial Instruments may hold those Financial Instruments in an omnibus account. Upon the Client's request the Company will provide information about a third party on which the Client’s Financial Instruments are stored. 6. The Client accepts that the Company may, at its discretion and without any prior notification, delegate any of its functions concerning the holding of Financial Instruments to another third party. 7. The Company keeps records and accounts so as to enable the Company at any time and without delay to distinguish assets held for one client from assets held for any other client, as well as from the Company’s own assets. 8. The Company will take the necessary steps to ensure that any Client Financial Instruments deposited with a third party, are identifiable from any Financial Instruments belonging to the Company or such third party by means of differently titled accounts on the books of such third party or other equivalent measures that achieve the same level of protection as provided by Applicable Regulations. The third party to which whom the Company transfers Client’s Financial Instruments may hold those Financial Instruments in an omnibus account. 9. If the Client instructs the Company to register Financial Instruments purchased through the Company in the name of any person specified by the Client, the consequences of such registration are entirely at the Client’s risk; 10. If any third party with whom the Company has deposited Financial Instruments fails to account for any Financial Instruments belonging to the Client in their Custody, the Company shall not be liable for any losses arising out of the actions, omissions or default of such party. 11. The Company will account to the Client for all dividends, interest payments and other rights accruing to the Client. 12. The Company will collect any dividends, interest, payments or other entitlements to which the Client may be entitled and of which the Company is notified and the Company will credit such amounts to the Client Account. 13. The Company shall send at least on a quarterly basis to the Client a statement in a durable medium of the Client financial instruments that it holds on behalf of the Client, unless it has already provided such information in any other periodic statement. If the Client requests such a statement more frequently, it will be provided with this at a reasonable cost.

Appears in 1 contract

Sources: Client Agreement