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ASCENTRIC WRAP TERMS AND CONDITIONS ISA, GENERAL INVESTMENT
ACCOUNT (GIA) AND THIRD PARTY PRODUCT ACCOUNT (TPPA)
Please read these Terms & Conditions carefully. They set out the basis of
our services and by registering as a client of the Ascentric wrap service,
or any of its subsidiaries or associated companies, they form a legally
binding agreement between us. If you have any queries please call us on 0871
423 6100.
Ascentric is the name given to the Wrap service provided by Investment
Funds Direct Limited (“Fundsdirect”) through Independent Financial Advisers
(IFAs) and other professional financial advisers.
DEFINITIONS
- Wrap account - shall mean the web based securities dealing
and valuations service provided by Ascentric to IFAs and their clients.
- FSA
- shall mean the Financial Services Authority.
- Adviser - shall mean the
financial adviser who is a person authorised by the FSA and advises you in
the setting up and running of your Ascentric Wrap account.
- ISA – shall mean
your Individual Savings Account as defined by HMRC
- ISA Manager –
shall mean Fundsdirect
- Nominee - shall mean Fundsdirect Nominees Limited or
any custodian as directed by Ascentric.
- Securities – shall mean units in
Unit Trusts, shares in OEICs or equities, fixed interest securities and
investment trusts.
- Rules - shall mean the rules of the FSA or any successive
body, as applicable, as from time to time amended or replaced. References to
any statutory provisions or to any Regulations made thereunder include any
modification or re-enactment thereof. Words and phrases defined in the Rules
bear the same meaning in the Terms & Conditions unless the context requires
otherwise.
- HMRC – Her Majesty’s Revenue and Customs Terms & Conditions -
shall mean these Terms & Conditions.
- General Investment Account (GIA) –
shall mean an unwrapped and taxable investment account
- Third Party Product
Account (TPPA) – shall mean an account which contains the investments of and
is a constituent part of an investment product provided by a third party
e.g. a Self Invested Personal Pension (SIPP) or an Offshore Bond.
- Wrapper –
shall mean any General Investment Account, Third Party Product Account or ISA held in the Ascentric Wrap
- Ascentric – the Wrap service for advisers
which is administered by Fundsdirect.
- Model Portfolio – means the facility
within the Wrap service by which an adviser may select appropriate
investments and then link any number of clients to that portfolio.
- MiFID –
means Markets in Financial Instruments Directive
THE ASCENTRIC WRAP SERVICE
- The Ascentric Wrap Service is provided by
Investment Funds Direct Limited which is a subsidiary of Investment Funds
Direct Group Limited and is a Company registered in England and Wales
(registered number 1610781) whose registered office is at 9 Palace Yard
Mews, BATH, BA1 2NH.
- Fundsdirect is regulated by the FSA in the conduct
of investment business and is bound by its Rules.
- For the purposes of MiFID client classification you will be treated as a ‘Retail’ client
- These Terms & Conditions apply to your usage of the Wrap account.
- Nothing
included in the Wrap account constitutes an offer or solicitation to sell
investments by anyone in any jurisdiction in which such an offer,
solicitation or distribution would be unlawful or in which the person making
such offer or solicitation is not qualified to do so or to anyone to whom it
is unlawful to make such offer or solicitation.
- Ascentric attempts to
ensure that the information available on the Wrap account at any one time is
accurate and not misleading. However, the content cannot be guaranteed to be
free of error or omission. Whilst every effort is made to maintain these
details accurately, providers may change their terms on occasion.
- Ascentric may record or monitor telephone conversations and you consent to
such recording.
- No information on this site constitutes investment,
legal, tax or any other form of advice.
- This agreement comes into force
when you pay funds into one of the ‘wrappers’ within the Ascentric Wrap
service. The minimum sum to start the service is £5,000
- Upon receipt of
an application form from your adviser Ascentric will confirm to both you and
your adviser that the account is open and provide the account number. By
separate cover Ascentric will also send you your User ID and instructions on
how to activate your account.
- You will not disclose your USER ID number
to any other person including your adviser.
- The USER ID number will only
be sent to the first named in the case of Joint accounts
- Once cleared
funds are available Ascentric will deal as instructed by you or your duly
authorised adviser
- Confirmation of the deal will be advised by email to
your adviser and the Contract Note will be accessible through your web
account. Where you request it in writing the Contact Note will be sent by
mail subject to the additional charge detailed in the ‘Charges’ section
below..
- You must check that the deal is as instructed and advise Ascentric of any errors within 14 days.
- Instructions must be provided by
the on line service. Telephone and written instructions are only accepted
where the deal can not be undertaken via the web service.
- Prices for
funds and stocks will reflect the latest daily and end-of-day price
respectively as provided by our price vendor.
- Any change of name address
or bank account details must be in writing from all of the original
signatories to the account.
- Unless you advise that a USER ID has been
compromised any deal using the USER ID will be deemed valid.
ISA MANAGER
- Fundsdirect will be the ISA
Manager and will administer the ISA in accordance with the
Regulations, the Terms & Conditions of the Fundsdirect ISA Account.
- In the case of any inconsistency between these Terms & Conditions and the
provisions of the Regulations, the latter shall prevail
- The appointment
of the ISA Manager shall take effect on the “Effective Date” being
the date on which the ISA Manager receives the duly completed
Application Form and payment for an amount which is not less than the
minimum subscription (as stipulated on the Application Form) or, at the ISA Manager’s discretion, such other date as may be permitted under the
Rules. You warrant that cheques will be honoured on the first presentation.
The Terms & Conditions shall come into force on the Effective Date.
- Fundsdirect as ISA Manager will, in accordance with the Regulations,
make reclaims, conduct appeals and agree on your behalf, liabilities for and
relief from tax in respect of the ISA. You authorise Fundsdirect as
ISA Manager to provide the Inland Revenue with all applicable
details of the ISA.
- The ISA Manager is entitled to act
as a Principal, where relevant, in deals in the ISA Account.
YOUR RESPONSIBILITIES
- You agree to accept full responsibility for all
instructions placed and to release Ascentric from any liability for
executing instructions which you or your adviser place using the Wrap
account. You acknowledge that all instructions made by the Wrap account are
at your sole risk.
- You authorise Ascentric to accept as genuine and duly
authorise any deal instruction placed using your account number and
password.
- You warrant that if for any reason part way through placing
your instruction for a deal via the Wrap account there is any failure of the
Wrap account and/or your connection to the Wrap account then you will not
repeat any instruction for that deal without contacting Ascentric first by
telephone or email. This is required because your first instruction may have
been received and actioned and if you repeat the instruction the same Deal
may be actioned twice. In this event you will be liable for both deals.
- You may be able to cancel a deal via the Wrap account whilst it is still
pending. However, deals shown to be pending on the Wrap account are not real
time as there is a slight delay between the deal being executed and it then
being removed from the list of pending deals. Therefore, even if a deal is
shown as pending and you enter an instruction to cancel that Deal, if it has
already been executed then you will not be able to cancel the instruction.
- The information included in the Ascentric website is intended to be
restricted to the United Kingdom. Specifically, investments referred to on
the website are not available for distribution, or investment, to non UK
investors. It is your responsibility to be aware of the laws and regulations
of your country of residence.
YOUR RESPONSIBILITIES IN RESPECT OF THE ISA
- You will provide Fundsdirect as ISA Manager with all information that it may
reasonably require to enable Fundsdirect to carry out its duties as an ISA Manager.
- This will include your National Insurance Number and
date of birth. The National Insurance Number may be obtained from your
employer, tax return, pay slip, P45 or from his/her tax office. If you have
retired it can be found on the front cover of your pension book.
- You also
undertake to inform Fundsdirect of any changes to the information given in
the application or transfer form in respect of the ISA or if any
of the declarations contained in the application form in respect of the ISA cease to be true. You will immediately inform Fundsdirect in the
event of your ceasing to be eligible to subscribe to or to hold an
ISA.
- Fundsdirect as ISA Manager may at any time vary the Terms &
Conditions without notice to you where such variation is required by HMRC or
by reason of any amendment to the Regulations or the Rules. In any other
case Fundsdirect may vary the Terms & Conditions by written notice to you
provided that no such variation shall result in the ISA ceasing to
qualify under the Regulations. Any such variation of which written notice is
required shall take effect on the 30th day following the despatch of such
notice to you.
CASH AND CLIENT MONEY
- Ascentric may retain all client monies pending
investment or re-investment and such monies will be held in a client money
Bank account with an Institution or Bank authorised to hold client money as
Ascentric may from time to time nominate. Such Institution or Bank will not
be an associate of Ascentric and Ascentric does not accept liability in the
event of their default.
- Ascentric client accounts are designated as
client money trust accounts as defined by the Rules and Regulations and all
client account money is segregated from funds belonging to Ascentric.
- Ascentric will pay interest on cleared balances in your cash accounts in
accordance with the FSA (Client Money) Regulations at the prevailing rate as
published on the Ascentric website.
- The level of interest earned on your
accounts can be viewed on the Ascentric website.
- Ascentric make a margin
on the interest paid to you
- Interest on the GIA and the ISA will be paid
to you after deduction of 20% income tax which is paid to HMRC in accordance
with the regulations. You will be responsible for including any interest in
your annual tax return and making any higher tax rate payment if
appropriate.
- Interest on the TPPA will be paid to you according to the rules
of the regime of the respective Third Party Product – you should refer to
the Third Party Product Terms and Conditions.
- Some Fund Managers will
only accept fund purchases to the nearest unit, therefore, in such
circumstance there may be small residual amounts of cash which will be
retained within your account.
- You will maintain at least 1% of all
assets held in each account in the form of cash to meet charges, commissions
and withdrawals subject to a minimum of £300 and a maximum of £1000
altogether. Charges and commissions will be deducted from the GIA in each
account. Where sufficient cash is not available Ascentric will sell
sufficient of the largest investment in the GIA (and then elsewhere where
funds are insufficient) in order to meet the forecast requirements for the
following 3 months. Normal dealing charges will be applied. The absolute
minimum of £300 per account will apply to family groups.
ASCENTRIC CHARGES
- Annual custody charges will be deducted quarterly or monthly in
arrears from each wrapper in the Wrap account as follows:
- For all monies up to £1,000,000 0.25%p.a. deducted on a monthly basis
- For all monies above £1,000,000 0.10% p.a. deducted on a monthly basis
- The
above are subject to a minimum charge of £37.50 per quarter (£150 per year)
Ascentric normally receives a rebate from Fund Managers. This rebate
(excluding that part intended as adviser commission) will be paid directly
to your client account and offset against the annual commissions received by
Ascentric in 1. above. The amount of this rebate is available on the
Ascentric website by referral to the fundslist.
Family Groups – immediate family with the same address will benefit as
follows:
- the £150 minimum charge will apply to the assets across the
family group
- the tiered annual charge will apply to the assets of the
family group
- charges will be applied proportionally to assets in each
account in the family group
- the minimum absolute cash requirement of £300
per account will apply to the family group (subject to each individual
account retaining either 1% or £300 minimum.)
- Ascentric dealing charges
- All electronic deals (through the Ascentric website, EMX and CREST and
contract note published on the web account) £12.50
- All manual deals
(received by telephone or made by telephone to the Fund Manager or where a
paper contract note is required) £20.00
- All deals requiring a paper
application form £30.00
- Any security transfers in-specie (also known as
re-registration) to or from other nominees, platforms or fund managers
£15.00
A ‘switch’ from one fund to another will be treated as a ‘sell’ and a
‘buy’. The ‘buy’ will not be undertaken until the proceeds from the ‘sell’
are known and there are sufficient funds in your account.
FUND MANAGER CHARGES
Fund Manager Charges for Collective Funds are
available on the Ascentric Fundslist on the Ascentric site. You should
ensure you understand these charges and the details of any fund selected or
recommended by your adviser.
ADVISER COMMISSIONS
Ascentric will pay to your adviser commissions as agreed with you. These
commissions may be in percentage or absolute terms and may be initial (when
the Ascentric Wrap is set up and investments purchased) or annual – deducted
quarterly or monthly from your funds.
N.B. In addition your adviser will receive share options in Fundsdirect
in relation to the amount of business placed with Ascentric. This will have
no effect on the cost to you of this service and your adviser must not allow
this to influence his advice on the suitability of the Ascentric Wrap.
THIRD PARTY PRODUCT PROVIDER CHARGES
There will be charges levied by
Third Party Product Providers. These may be deducted before funds are
received by Ascentric or deducted by Ascentric and paid to the Third Party
Product Provider. You should understand these product charges which will be
available in the respective Product Terms and Conditions from your adviser.
OTHER CHARGES
Other charges may arise as a result of activity on the Ascentric Wrap account – for example stamp duty. These charges will be
deducted and advised by means of the on line statement.
SUBSCRIPTIONS
- You may only subscribe by cheque or by electronic
transfer. All cheques or electronic transfers submitted for business must be
from your UK personal Bank account. Cheques drawn on Building Society
accounts must be certified on the reverse that the cheque is drawn on an
account in the name of the individual to whom it has been provided.
- In
the event of cheque subscriptions, you should be aware that no investments
will be undertaken until the cheque has been cleared through the Ascentric
client accounts.
- As a result of Money Laundering Regulations, additional
documentation may be required for identification purposes by third parties
and Ascentric. If this is required an investment may be delayed.
SUBSCRIPTIONS IN RESPECT OF AN ISA
- The maximum annual subscription into a Stocks and Shares ISA is
currently £7,200. This maximum annual subscription amount may be varied in
accordance with the Regulations as amended from time to time.
- You
may only subscribe for one ISA in any Tax Year.
- Individual Savings Accounts (ISAs) were introduced on 6 April 1999, to replace Personal Equity plans (PEPs) and the government has confirmed they will remain available indefinitely, with no set end date (previously ISAs were only available until 2010). They are tax efficient as currently there is no Capital Gains Tax paid on any profits made or tax on any money paid from the ISA. There is a flat rate 20 per cent charge paid to HM Revenue & Customs on interest credited.
-
From the 5th April 2008 Mini and Maxi ISAs will no longer exist, with ISA savers able to invest in
two separate ISAs each tax year, a cash ISA and a stocks and shares ISA. The annual ISA
investment allowance has been raised to £7,200 with up to £3,600 being able to be saved in
cash with one provider and the remainder invested either with the same or another provider
such as Investment Funds Direct Ltd who offer a stock and shares ISA.
-
Mini cash ISAs, TESSA-only ISAs (TOISAs) and the cash component of a Maxi ISA will automatically become cash ISAs. Mini stocks and shares ISAs and the stocks and shares component of a Maxi ISA will automatically become stocks and shares ISAs.All Personal Equity Plans (PEPs) will automatically become stocks and shares ISAs & ISA savers will be able to transfer money in their cash ISA to their stocks and shares ISA.
-
To open a Stocks and Shares ISA you have to be aged 18 or over and be resident and ordinarily resident in the UK for tax purposes. Crown employees, such as diplomats or members of the armed forces, who are working overseas and paid by the Government are eligible to open an ISA & their spouses or civil partners can also open an ISA.
-
If you start an ISA in the UK and then go abroad, you cannot continue putting money into the ISA (unless you are a Crown employee working overseas or the spouse or civil partner of a Crown employee working overseas). However, you can keep your ISA and you will still get tax relief on investments held in the ISA. When you return, you can start putting money in again (subject to the normal annual limits).
- You will be required to make a declaration
to Ascentric that the information contained in your application for an ISA is correct.
- Ascentric reserves the right to require proof of
status and eligibility for an ISA before accepting any application.
INVESTMENTS
- The purchase of investments within the Ascentric Wrap
account is undertaken only by you or on the instructions of your nominated
adviser on your behalf. All instructions will be actioned by Ascentric on a
non-advisory basis.
- Ascentric does not make any personal investment
recommendations. None of the product literature and/or anything in these
Terms & Conditions should be regarded as a solicitation or a recommendation
to buy, sell and/or otherwise maintain any particular Investment.
- All
instructions must normally be given to Ascentric in writing via the website.
However, Ascentric shall be entitled to accept and treat as valid verbal
instructions given by you or your authorised agent/adviser on your behalf in
exceptional circumstances and at the sole discretion of Ascentric.
- You
warrant that any nominated adviser is duly authorised to provide Ascentric
with investment instructions on your behalf and that the nominated adviser
is, where appropriate, authorised to provide such instructions under the
Financial Services and Markets Act 2000 or any other regulatory legislation.
Specifically you will only permit your adviser to deal on your behalf
without express agreement to each deal if an appropriate Discretionary
Investment Management Agreement is in place as required by the FSA.
- Where
an Advisory agreement exists between you and your Adviser Fundsdirect will
not be responsible for deals executed by your adviser which have been made
without your explicit authority.
- Where you deal without the advice of
your authorised adviser this is known as ‘execution only’ and you must take
sole responsibility for this action.
- Ascentric will make reasonable
endeavours to execute your fund deal instructions by the first Valuation
Point and if not by the second.
- Ascentric will confirm to your adviser by
email execution of any deal placed by you or your adviser. The Contract Note
will be viewable on your web account. N.B. For jointly held accounts the
Contract Note will always appear in the name of the first account holder to
all viewers. Paper contract notes will only be sent on your specific
instruction and an additional charge will apply (see charges above).
BEST EXECUTION POLICY
- It is the policy of Fundsdirect to obtain the best price available for
all fund deals. There is currently only one price available to Fundsdirect
from each fund manager at the time a deal is placed.
- For deals in Crest
settled stocks and shares including Investment Trusts and Exchange Traded
Funds Fundsdirect will always deal at the best price available from a
selection of Retail Service Providers (Market Makers).
- For less well
traded stocks and shares there may be few or even only one quoted price.
CONFLICTS OF INTEREST POLICY
- It is the policy of Fundsdirect to disclose any interests which are
believed to be in conflict with the primary requirement which is to treat
you fairly and provide our services to you with your interests in mind.
- Your adviser firm normally receives share options in Fundsdirect which may
conflict with their requirement to provide suitable advice. You should
discuss this with your adviser.
CUSTODY OF SECURITIES
- Title to all
investments and securities held for you shall be held in a Nominee appointed
by Ascentric or to its order. Currently this is Fundsdirect Nominees Ltd
and Fundsdirect ISA Nominees Ltd of 9 Palace
Yard Mews, BATH, BA1 2NH,
- Whilst all investments and securities in the Ascentric Wrap shall be held in the name of Fundsdirect ISA Nominees
Ltd or Fundsdirect Nominees Ltd or to its order, you will remain the
beneficial owner of all such investments and securities at all times.
- Your investment within a security may be pooled with those of other
Investors and may not be identifiable by separate certificates or equivalent
electronic records.
- The documents evidencing title to such investments
whether in physical form or equivalent electronic record shall be held by Fundsdirect ISA Nominees or Fundsdirect Nominees Ltd or such Nominee
as it may direct.
- Ascentric and Fundsdirect may not lend the documents of
title to any third party or borrow money against the security of such
documents of title or the equivalent electronic record.
TRANSFERS TO THE GIA AND TPPA
- Ascentric will accept the transfer of
acceptable securities into your GIA account and into the TPPA account where
the respective product rules and third party product provider allow. Note
that there is often a charge levied by the existing nominee.
- Ascentric
reserves the right to refuse to accept any security which is not a UK
authorised Unit Trust or OEIC, an equity not listed or dealt on a recognised
exchange and unquoted shares in private companies.
- A dealing charge of
£15.00 will be made for each security transferred subject to a maximum of
£150 at any one time
TRANSFERS TO THE ISA
- Fundsdirect will accept the transfer of
acceptable securities into your ISA account only from a ISA
held by you at another ISA Manager respectively. Note there is often
a charge levied by the existing ISA manager.
- Fundsdirect reserves
the right to refuse to accept any security which is not a UK authorised Unit
Trust or OEIC, an equity not listed or dealt on a recognised Exchange and
unquoted shares in private companies or any investment not qualifying for a
ISA under the Regulations.
- A dealing charge of £15.00 will be made
for each security transferred subject to a maximum of £150 at any one time
- Fundsdirect reserve the right to charge you a fee to recover any further
re-registration or other costs incurred in the process of transferring and
reregistering a security into your ISA account.
TRANSFERS FROM THE GIA
- Title to any securities held within the GIA may
be transferred to you or to such other persons as you direct on receipt of a
written transfer request.
- You warrant that in the event of transferring
securities from the GIA, no deals will be entered into in respect of those
securities until you have received confirmation from Ascentric that the
transfer has been completed.
- A dealing charge of £15.00 will be made for
each security transferred subject to a maximum of £150 at any one time
TRANSFERS FROM THE TPPA
Transfers from the TPPA will be subject to the
Terms and Conditions of the respective Third Party Product Provider and
Ascentric will only transfer funds as instructed by that Product Provider. A
dealing charge of £15.00 will be made for each security transferred
TRANSFERS FROM THE ISA ACCOUNT
- Title to any securities held
within the ISA account may be transferred to another ISA
Manager respectively, you or to such other persons as you direct on receipt
of a written transfer request.
- You warrant that in the event of
transferring securities from the ISA account, no deals will be
entered into in respect of those securities until you have received
confirmation from Fundsdirect that the transfer has been completed.
- A
dealing charge of £15.00 will be made for each security transferred subject
to a maximum of £150 at any one time
COMPANY MEETINGS, COMMUNICATIONS AND
CORPORATE ACTIONS
- You authorise Ascentric to exercise any conversion,
subscription, voting rights or other corporate action requiring action on
your behalf.
- Ascentric will not normally contact you to notify you of
corporate actions or to obtain your instructions for corporate elections in
respect of your holding. However, Ascentric will act upon your instruction
if they receive such an instruction in reasonably sufficient time prior to
the election deadline to notify the Registrar of the Company.
- In the
event of a corporate action and where Ascentric have received an instruction
from you for a specified action, Ascentric will provide such instructions as
they at their absolute discretion deem appropriate, and will usually act in
accordance with the default terms of the Registrar of the Company.
- If an
instruction from you or your adviser requires additional payment then this
must be provided to Ascentric and received in the form of cleared funds
prior to the election deadline, otherwise the default election will be
exercised by Ascentric.
- In the event that the resulting stock received by
way of a corporate action is unacceptable for Ascentric to hold in the
nominee account (e.g. it is a foreign stock, an unquoted stock or an
unauthorised Unit Trust or OEIC) Ascentric reserve the right to return the
stock to you either in dematerialised or certificated form.
- Ascentric
will not normally forward any Company report and accounts for investments
held in the nominee account. However, you may elect to receive copies of
account and reports or other such communications in respect of securities
held within the account subject to payment of a fee of £25+VAT per
communication.
- Ascentric is unable to pass on to you any shareholder
perks which may attach to investments held by you.
- Certain corporate
actions (e.g. consolidations) result in fractional allocations of shares
and/or cash distributions. Any part share entitlement will be sold and the
proceeds retained by Ascentric. Any fractional cash allocation will be
retained by Ascentric unless the amount payable in respect of an Account
Holder’s investment exceeds £5.
DIVIDENDS AND OTHER DISTRIBUTIONS
- You authorise Ascentric to collect
on your behalf all dividend or other corporate distributions in respect of
securities held within all the accounts held within the Ascentric Wrap.
- You may elect to receive a distribution of income on a quarterly basis.
- Income distributions are available where you have elected for this option in
writing and where you have provided valid bank details for BACS credit
payments.
- Income distributions will comprise all receipts of dividends,
interest, tax credits or other such monies as received by Ascentric in
respect of your account over the preceding three calendar months.
- Distributions will currently only be undertaken for the quarters ended 31st
March, 30th June, 30th September and 31st December.
- Distributions will be
made by Bank Automated Clearing (BACS) and will be remitted by Ascentric to
the bank detailed upon your application within 10 working days following the
end of each quarter.
- Due to the complexity of the tax regimes in other
countries, Ascentric will not, as a general rule, reclaim tax credits on
dividends or other income on foreign securities.
STATEMENTS AND VALUATIONS
- Ascentric will provide you with a statement
and valuation at least six monthly confirming the number and description of
securities held on your behalf in each wrapper within your Wrap account.
- You are required to check your statement and in the event of any queries or
concerns to contact Ascentric immediately.
- Ascentric reserves the right
to correct any erroneous records relating to the Wrap service without prior
reference to you.
- Ascentric will provide confirmation of deals undertaken
on your instruction that of your adviser as soon as reasonably possible
following the deal.
- All statements will only be provided in electronic
format where we have your email address.
- Up to date valuations and
statements may be obtained online at any time.
IN THE EVENT OF DEATH
- In the event of your death your personal representative(s) should inform Ascentric as soon as reasonably possible.
This notice should include any instructions for the sale of investments in
the GIA account pending probate.
- Ascentric will not automatically sell
the investments held within the GIA unless so advised by your personal
representative(s). This will mean that the investments will continue to be
exposed to movements in the market and may fall in value as well as rise.
- Grant of Probate or Letters of Administration, or such other formalities,
should be sent to Ascentric by your personal representative(s) with
instructions for the closure or transfer of the account.
- Ascentric
reserve the right to collect any outstanding account charges due after the
date of death and until the closure of the account.
- The procedure for
funds in a TPPA will depend on the respective Third Party Product Terms and
Conditions and they should be informed of the death as soon as possible.
Ascentric will then act on the instructions of the Third Party Product
Provider.
- Any ISA benefits will cease on your death and Ascentric
will recover any tax normally due to HMRC from the date of death.
TERMINATION AS ISA MANAGER AND NON-SATISFACTION OF THE REGULATIONS
- Subject to the Regulations, Fundsdirect may terminate its role as the ISA Manager at any time by giving you written notice. Such notice will
take effect on the 30th day following the despatch of such notice to you but
shall be without prejudice to the completion of deals already initiated.
- On termination as ISA Manager, Fundsdirect will either transfer the
ISA account to another ISA Manager respectively as
notified to you. Alternatively, if so directed by you, Fundsdirect will pay
or transfer the investments to you or to the account of another
ISA Manager.
- Fundsdirect will notify you if by reason of any failure to
satisfy the provisions of the Regulations, the ISA has or will become
void. As soon as practicable thereafter Fundsdirect will transfer the
investments to you subject to such deductions (if any) as Fundsdirect as the
ISA Manager may require to meet tax or other liabilities in
connection with the ISA account.
ISA WITHDRAWALS, ASSIGNMENT AND TERMINATION BY YOU
- Subject to
the Regulations and to the settlement of any outstanding investment deal(s),
any tax liabilities, charges and expenses, you may withdraw part or all of
the investments by giving written instructions to Fundsdirect as ISA
Manager. Fundsdirect may refuse to accept a part withdrawal instruction if
by doing so the residual value of the investments remaining in the ISA would be less than £1,000.
- At your request the ISA may be
transferred to another ISA Manager respectively approved under the
Regulations.
- Plan transfers will only be undertaken in the form of cash.
Following a plan transfer request being received, all investments within the
ISA will be sold and the proceeds remitted to the transferring
manager after deduction of an administration charge of £25.
- You may
terminate the ISA by giving written notice to Fundsdirect. Such
notice will take effect immediately upon receipt by Fundsdirect or
immediately after the completion of any deal(s) already initiated. Following
settlement of all sales of the investments held within the ISA
account, Fundsdirect will transfer the proceeds plus any residual
distributions and related tax credits to you unless you shall otherwise
direct. This will normally be by BACS credit to the account advised in your
application.
- Fundsdirect shall be able to delegate any of its functions
or responsibilities as a ISA Manager provided that it is to a person
or organisation whom Fundsdirect is satisfied is competent and authorised to
perform those functions or responsibilities.
- Terminations and withdrawals
from a TPPA are subject to the terms and conditions of the respective Third
Party Product Provider. Ascentric will only act on their instructions.
WRAP ACCOUNT
- The Ascentric Wrap service is only available via the Microsoft
Internet Explorer facility. No other web service provider is supported by
Ascentric.
- You agree that where an adviser acts on your behalf it is with
your full and express agreement in accordance with the formal agreement
between you and your adviser. In particular you understand that where an
‘advisory’ agreement exists the adviser will obtain your explicit agreement
to any investment recommendation before it is actioned.
- If you change
your adviser the new adviser must apply and register with Ascentric.
- Where there is no adviser appointed to your Ascentric Wrap then Ascentric
will take an annual commission of 0.50% on all collectives and investment
trusts in the Wrap. This is in addition to the annual charge normally
payable on your Wrap account.
- Should the value of your account fall below
£1000 Ascentric reserve the right to close the account and pay the funds to
you or your TPPA.
- Other parties may be granted viewing and dealing
capability on some or all of your wrap Account – for example a Stockbroker,
Trustee or Discretionary Fund Manager. These will only be provided with the
express permission of both you and your adviser.
- You agree to accept full
responsibility for all instructions placed and to release Ascentric from any
liability for executing instructions you place using the Wrap accounts. You
acknowledge that all instructions made on the Wrap account are at your sole
risk.
- If you or your adviser ignores and/or bypass warning notices which
may appear on the Web service then Ascentric shall have no liability to you
in relation to either your or their failure to follow any such warning.
- In offering investment services electronically, Ascentric are making
available to you interactive computer services and/or telephonic services or
systems which allow you to enter orders to buy and sell certain Investments
within your account with Ascentric, give instructions and/or obtain
quotations and other information via computer and/or telephonic transmission
for use on compatible personal, home, or small business computers, including
Internet appliances with modems, terminals and/or network computers that can
connect to a telecommunications network.
- Access to the Ascentric website
and the use of the electronic dealing facilities may be prevented by certain
factors outside the reasonable control of Ascentric including, without
limitation, the in-operation, inefficiency or unsuitability of your
equipment and the unavailability, in-operation or interruption of Internet
or other telecommunication services. Ascentric does not accept any liability
for any loss or damage arising out of or in connection with such service
disruption.
- You agree not to copy, reproduce or redistribute, in whole
or in part, any information or data contained on the Ascentric website
except for the purposes of accessing and using the Wrap account for their
own personal use. Information on the Ascentric website is subject to
copyright with all rights reserved.
- You agree not to use the Ascentric
website for any illegal or improper purpose including, without limitation,
the transmission of defamatory or obscene material. You fully indemnify
Ascentric in respect of any breach of this prohibition.
STATEMENT OF LIABILITY
- You acknowledge that orders placed using the
Wrap account may be sent directly to an Exchange without being viewed by any
individual member of Ascentric staff.
- Ascentric may amend, suspend and/or
terminate any or all of the Wrap account at any time. Where reasonably
practicable Ascentric will give advance notice of this but this may not
always be possible and/or practical for business reasons. Ascentric may
alter or change any code and/or number allocated to your account from time
to time.
- Ascentric may also restrict and/or change the hours and time of
operation of any of the Wrap accounts at any time. Where reasonably
practicable Ascentric will give advance notice of this but this may not
always be possible and/or practical for business reasons.
- In no event
will Ascentric be liable to you or anyone else for any consequential,
incidental, special or indirect damages (including but not limited to lost
profits, dealing losses and damages) that result from inconvenience, delay
or loss of the use of the Wrap account, even if Ascentric has been advised
of the possibility of such damages or losses. Ascentric shall not be liable
for any loss resulting from a cause over which it does not have direct
control. Ascentric is not responsible for any damage to your computer,
software, modem, telephone or other property resulting from your use of the
Wrap account.
- Ascentric will not be liable for errors of judgment made in
good faith nor for the acts, omissions or defaults of agents or custodians
or their employees, nor for strikes, interruption of power supplies,
machinery failure or causes beyond the reasonable control of Ascentric.
- Ascentric will be liable only for errors, acts or omissions arising from
Ascentric negligence, willful default or fraud but nothing in these Terms &
Conditions attempts to exclude any liability that Ascentric may have under
the Financial Services and Markets Act 2000.
- The Ascentric website
contains hypertext links to other websites not maintained by Ascentric.
These websites are not endorsed or recommended by Ascentric and nor are
Ascentric responsible for any information contained on such websites and
shall not accept an liability for loss or damage arising from the use of
these websites or the reliance on information contained on them. Any links
to third party websites are provided solely as a convenience to Account
Investors and at their own risk.
- Ascentric maintains professional
indemnity and fidelity insurance in respect of its activities and its
clients' assets.
- Ascentric will exercise all reasonable professional care
in Account Investor deals and its selection of brokers, bankers and other
third parties who Ascentric may from time to time instruct or employ.
Accordingly, to the extent that Ascentric does exercise all reasonable
professional care, no liability shall attach to Ascentric howsoever arising
in respect of any loss or diminution in the value of investments.
- Ascentric reserves the right to act in a deal as agent for more than one
client collectively. Ascentric will usually accept electronic and oral
messages, however, in order to avoid possible disputes instructions should
be given in writing. In the absence of a written instruction Ascentric do
not accept any liability in respect of unexecuted deals howsoever arising.
- Ascentric will attempt to execute orders as quickly as possible subject
to communications and Investment Managers' requirements and on certain
occasions may be frustrated in doing so or require further information from
you which may delay dealing. In such circumstances no act or omission of
Ascentric will create a liability to you unless arising from a breach of the
United Kingdom Financial Services and Markets Act 2000 or the Rules and
Regulations of FSA.
RISK WARNINGS
- Investment markets are subject to price fluctuations, so
that no particular result can be guaranteed. Past performance is not a guide
to future performance. The value of investments and the income from them may
go down as well as up. You may not get back the amount invested. This risk
is exacerbated the shorter the period of investment.
- High yield funds and
stocks may be considered high risk. Investment in emerging markets may
involve risks associated with low levels of liquidity in such markets.
Investment in technology funds and stocks may be subject to sharp changes in
value. Rates of exchange may fluctuate giving rise to changes in the value
of investments independent of changes in their underlying worth. The degree
of fluctuation of fund and stock values varies significantly and higher
volatility funds and stocks may change value suddenly.
- The levels of and
basis of relief from taxation are subject to change. Individual's
circumstances may change and investments made in the past may become
unsuitable in that context.
- You are recommended to invest only having
first considered all relevant information regarding the investments you wish
to consider as made available by its ultimate provider. You should always
consult your financial or other professional adviser.
DATA PROTECTION ACT
- Investment Funds Direct Limited is registered with
the Data Protection Registrar.
- No personal information supplied to Ascentric through this site will be provided to third parties unless
required by law or for the purposes of completing a Deal.
- Under the Data
Protection Act, Account Investors are entitled to a copy of their Personal
Information held by Ascentric. All requests for Data Information must be
made in writing to Investment Funds Direct Ltd, 9 Palace Yard Mews, BATH,
BA1 2NH. Ascentric charge a £10 fee for the administration of such requests.
- You have the right to inspect copies of contract
notes, vouchers and entries in Ascentric books or computerised records
relating to your deals. An arrangement charge of £10 will be made by
Ascentric for each such inspection by you. Ascentric will keep records of
all business deals for at least six years.
NOTICES
- All notices and all other communications from you to Ascentric
must be in writing, and delivered or sent by post to Ascentric, 9 Palace
Yard Mews, BATH, BA1 2NH, or such address as Ascentric may specify or by
email to customerservices@ascentric.co.uk. Instructions need not be
acknowledged.
- All statements, notices (which must be in writing) and
other documents to be sent by Ascentric to you shall be sent to your address
stated on the application or such address as you may subsequently specify by
notice in writing to Ascentric. This may also include e-mail to your e-mail
address.
- All documents showing your ownership of investments will be
posted or e-mailed as soon as practicable after Ascentric receive them.
Where a number of documents relating to a series of deals are involved
Ascentric will normally hold each document until the series is complete
before forwarding them to you.
VARIATION TO THESE TERMS & CONDITONS
- Ascentric may vary these Terms &
Conditions at any time if such changes are to improve or extend the service
provided to you. All other changes will be notified to you by Ascentric in
writing by post or e-mail giving one month’s prior notice.
GOVERNING LAW
- These Terms & Conditions will be governed by English law
and the parties hereby submit to the non-exclusive jurisdiction of the
English courts.
- Nothing in these Terms & Conditions will restrict the
duties of Ascentric under the rules of the Financial Services and Markets
Act 2000 or subsequent legislation.
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Ascentric is a trading name of Investment Funds Direct Limited which is part of the Royal London Group and authorised by the Financial Services Authority No. 114432. Registered in England and Wales number 1610781, VAT number 368524427. Registered Office: 9 Palace Yard Mews, BATH, BA1 2NH, Telephone 0871 423 6100.
Telephone calls may be recorded for training and security purposes.
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