EXECUTION ONLY, RETAIL CLIENT TERMS AND CONDITIONS
Effective Date December 2020
Definitions
Business Day means any day on which banks are open for business in the City of Dublin except Saturdays and Sundays.
Cantor, we, us or our means Cantor Fitzgerald Ireland Ltd.
CAR or “Client Asset Regulations” mean the relevant client assets sections of the MiFID Regulations and the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(i)) (Investment Firms) Regulations 2017 and any other relevant legislation in relation to client assets, as may be amended or superseded from time to time.
CCP means central counterparty, which is typically an institution that acts as an intermediary between two market participants. The seller of a security sells to the central counterparty. The central counterparty simultaneously sells to the buyer. This means that if one party defaults then the central counterparty will absorb the loss. This reduces the amount of counterparty risk that market participants are exposed to.
CBI means the Central Bank of Ireland, the Financial Regulator in Ireland with responsibility for prudential regulation and supervision of MiFID Investment Firms (including conduct of business) authorised in Ireland and the provisions of MiFID relevant to the financial services market in Ireland.
CFD means Contracts for Difference, a type of Financial Instrument.
Client Assets means, collectively, your money or funds and your investments as defined in the CBl’s Guidance on Client Assets Regulations.
Complex Financial Instruments means any financial instrument other than a non-complex instrument as defined by Regulation 33(9) of the European Union (Markets in Financial Instruments) Regulations 2017.
Contract Note means a document which confirms the details of your transaction and act as an invoice for that transaction.
CPC means the CBl’s Consumer Protection Code which offers protection to consumers and this code can be found on the CBl’s website www.centralbank.ie.
CSD means Central Securities Depository, which is a financial institution that custodies securities and provides securities settlement services to one or more markets. When settling a transaction on your behalf Pershing Securities International Limited (“PSIL”) may have to settle such transaction through a central securities depository or other securities settlement system and the transactions will be subject to the rules of the CSD.
Effective Date means the date from which this Terms and Conditions Booklet, including related appendices, is effective, as noted on the front page of this Terms and Conditions Booklet.
Eligible Counterparty means a client that is either a per se eligible counterparty or an elective eligible counterparty per the MiFID Regulations.
Financial Instrument means any “financial instrument” or structured deposit as defined in the MiFID Regulations and any investment instrument as defined in the Investment Intermediaries Act 1995.
Investment Objective means three broad categories of Investment Objective: Capital Growth; Income or Income and Capital Growth.
ISE means the Irish Stock Exchange.
LEI means Legal Entity Identifier, a 20-digit, alphanumeric code based on the ISO 17 442 standard assigned to clearly and uniquely identify a legal entity (e.g. companies, charities and trusts) participating in financial.
LSE means the London Stock Exchange.
MiFID means Markets in Financial Instruments Directive 2014/65/EC of the European Parliament and of the Council of 15 May 2014 and Commissions Regulation (EC) No 600/2014 of 15 May 2014 and any applicable implementing EU Legislation, delegated acts (directives and regulations) technical standards and including without limitation the European Union (Markets in Financial Instruments) Regulations 2017 and any CBI regulations, notices, guidance notes, codes of conduct issued thereunder.
MiFID Regulations means the European Union (Markets in Financial Instruments) Regulations 2017.
Netting means the process under which PSIL and/or the counterparty, CCP, CSD or other body concerned with settling a transaction are entitled to reduce their obligations to each other by setting off their obligations to deliver cash or securities to one another. This will give a single amount owing to one party from the other rather than a two-way payment. This single amount will then be paid or delivered to the relevant party.
Non-Complex Financial Instruments means any financial instrument as specified and defined by Regulation 33(9) of the European Union (Markets in Financial Instruments) Regulations 2017.
PRIIP means a packaged retail or insurance-based investment product as defined under the European Union Regulation No. 1286/2014 on key information documents for packaged retail and insurance-based investment products.
Professional Client as defined by MiFID Regulations means a client that has been categorised as a Professional Client.
PSIL means Pershing Securities International Limited.
Retail Client means a client that has been categorised as a Retail Client by Cantor and who is not a Professional Client.
Terms means this Terms and Conditions Booklet, including related appendices.
Time shall be of the essence in relation to any payment, delivery or other obligation you have to PSIL means that PSIL shall be entitled to terminate these Terms and, if appropriate, claim damages from you if you fail to perform your obligation in accordance with the time specified. It is intended to ensure that the relevant deadlines are strictly complied with.
Uninvested money means money not immediately required to settle an investment transaction.
The use of “you” and “your” in any of these Terms includes any joint account holder(s), personal representatives, permitted assignees, novates and successors. These Terms apply to the services as selected by and provided to you as set out herein.
Execution Only, Retail Clients, Terms & Conditions
This agreement outlines the terms and conditions (the “Terms”) under which Cantor Fitzgerald Ireland Ltd (“Cantor”) is willing to provide you with an account. Upon completion by you and acceptance by us of the execution only account opening document and these Terms, collectively, they will constitute a contract, legally binding and enforceable. You should read these Terms carefully and if you have any queries about any aspect of them please contact us for clarification or if you think it appropriate to do so, obtain independent advice about these Terms.
The Terms shall apply to all new and existing clients of Cantor from the Effective Date. For existing clients, the Terms shall supersede all previous agreements entered into between you and us.
These Terms should be read in conjunction with Cantor’s published rate card, the Conflicts of Interest Policy Summary, the Order Execution Policy Summary, the Risk Disclosure Statement (all as provided to you in this Terms and Conditions booklet, receipt of which you have acknowledged), and together with the experience profile that you have provided to us in the execution only account opening document, form the basis on which Cantor will act for you.
These Terms apply to the Execution Only Dealing Service (see Clause 1) and other ancillary services which we provide to you as set out in these Terms.
It is important that you read these Terms carefully and in full, as they set out the terms on which Cantor will act for you.
In the event that you have authority to transact on one or more accounts and in respect of any one of those accounts you receive or acknowledge receipt of these Terms, you shall be deemed to be aware of these Terms for all accounts on which you provide us with instructions to which these Terms apply.
Regulatory status
Cantor’s registered office is Heritage House, 23 St. Stephen’s Green, Dublin 2, D02 AR55.
Cantor Fitzgerald Ireland Ltd is a Member Firm of the Irish Stock Exchange (“ISE”) and the London Stock Exchange (“LSE”).
Cantor is authorised by the Central Bank of Ireland (“the CBI”), P .0. Box 559, Dublin 1.
Contact details for the CBI: Tel: +353 1 224 6000, Fax:+ 353 1 671 6550.
In addition, the CBI has the following public helpline: Lo-Call: 1890 777 777 or + 353 (0) 1 224 5800 and may also be contacted via the following email address: [email protected].
Contact details
Cantor has business offices at the following locations:
Dublin: Heritage House, 23 St. Stephen’s Green, Dublin 2, D02 AR55. Tel: +353 1 633 3800.
Cork: 45 South Mall, Cork. Tel: +353 21 422 2122.
Limerick: Crescent House, Hartstonge Street, Limerick. Tel: +353 61 436 500.
You may contact Cantor on any of the above numbers or through our Client Services team on +353 1 633 3888 (fax: +353 1 633 3856/633 3857). Alternatively, you may email any query to Cantor at [email protected].
Please see our Privacy Notice on our website at www.cantorfitzgerald.ie for information in relation to how we collect personal information about you, how we use it and how you can interact with us about it. Please note that this may change from time to time.
We will communicate with you in English.
You must ensure that Cantor can communicate with you when deemed necessary by Cantor. It is your responsibility to provide Cantor with the most up to date contact information and to provide Cantor with a valid current correspondence address at all times.
The provision by you of an e-mail address for the purposes of carrying on business with us acknowledges that we may communicate with you by means of electronic communications.
Markets in Financial Instruments Directive 2014/65/EC (“MiFID”) services are provided pursuant to Cantor’s MiFID authorisation and are accordingly not subject to the CBl’s Consumer Protection Code (“CPC”).
Cantor is subject, in relation to certain non-MiFID services, to the CBl’s CPC, which offers protection to consumers and this code can be found on the CBl’s website www.centralbank.ie.
Cantor provides stockbroking and related investment services and is an authorised product producer.
US persons
An account cannot be opened for you if you are a US person as we are not in a position to comply with the related US reporting requirements. For this purpose a US person is a citizen or a resident of the US, a partnership or corporation created or organised in the US or under the laws of the US or of any US State, and any estate or trust as defined by the US Internal Revenue Code. Any person holding a US passport regardless of country of residence is considered a US person.
You must satisfy yourself that you do not fall within this category of US person and in the event that an account is opened and you become aware that you do fall within this category you must notify Cantor immediately so that the account can be closed.
Neither Cantor nor Pershing Securities International Limited (“PSIL”) (see Clause 4) will be liable in respect of any reporting requirements which were not fulfilled during the period the account was open.
You are responsible for making all necessary disclosures or reporting obligations required in relation to any investments made by you.
Order Execution Policy Summary
- Copy here
Conflicts of Interest Policy Summary
- Copy here
Risk Disclosure Statement
- Copy here
Pershing Bank Details
- Copy here