Refund information for investors (ICF)
1. We hereby declare that Unitmarkets. is a participant in the Investor Compensation Fund (ICF). Therefore, the Client (as a private client) may be entitled to receive compensation from the ICF in an amount not exceeding 20,000 (twenty thousand) euros, in the event that the Company is unable to fulfill its obligations, and the ICF is activated. The ICF is described below in accordance with the requirements of the applicable regulations.
2. The purpose of the ICF is to pay compensation to Clients covered by the Fund for claims arising from services provided by the Company, in cases where it is established that the Company has failed to fulfill its obligations. Failure to comply with its obligations indicates that the Company was not in a position to:
(a) return a Client’s funds (which are covered by the ICF and are indirectly stored by the Company as part of the Company’s provision of services to the Client), when requested by the Client in accordance with his/her rights;
(b) return to the Client covered by the Fund, financial instruments owned by the Client and managed by the Company.
3. The Company’s services covered by the Fund includes:
(a) receipt and transfer of orders concerning one or more financial instruments;
(b) execution of orders on behalf of the Client;
(c) conducting transactions at its own expense;
(d) safekeeping and management of financial instruments at the Client’s expense, including depository and related services such as cash/collateral management;
(e) the provision of loans and borrowings in the form of one or more financial instruments when the company granting the loan participates in the transaction;
(f) foreign exchange services connected to the provision of financial services.
4. In accordance with the applicable regulations, the ICF does not pay compensation to individuals who have been subject to criminal prosecution in accordance with the provisions of various national laws governing the prevention and counteraction of the legalization of proceeds derived from crime.
In addition, in accordance with the applicable regulations, the ICF does not pay compensation to
(a) the following categories of institutional and professional investors:
• private equity firms and investment companies;
• legal entities related to the Company or owned by the same group of companies;
• co-operative credit institutions;
• insurance companies;
• organizations conducting collective investments in marketable securities, and their management companies;
• social insurance institutions and funds;
• investors who, at their request, have been recognized by the Company as financial services professionals.
(b) states and supranational organizations;
(c) central, federal, confederal, regional and local administrative bodies;
(d) enterprises interconnected with the Company;
(e) the management and administrative personnel of the Company;
(f) shareholders of the company whose share of direct or indirect participation in the equity of the Company constitutes at least 5% of authorized capital, the company’s partners, who are personally liable for the obligations of the company, as well as those responsible for the financial auditing of the company according to the law, such as qualified auditors; investors holding positions in organizations related to the company and, in general, in the group of companies which owns the company, or who perform the duties listed in subparagraphs (e) and (f) of this paragraph;
(g) relatives and spouses of persons referred to in subparagraphs (e), (f) and (g) of this paragraph, as well as third parties acting on behalf such persons;
(h) others, in addition to the investors, who have been found guilty of a criminal offence, in accordance with the provisions of various national laws governing the prevention and counteraction of the legalization of proceeds derived from crime, or under amended or successor legislation, as well as investors and Clients, by whose fault occurred Company events which led to financial difficulties for the Company or the deterioration of its financial situation, or who benefitted from such events;
(i) the Company’s investors, which, because of their size, are not permitted to draw up a consolidated balance sheet according to the Companies Act (UK) or other similar laws applicable in member states of the European Union. In the cases referred to in subparagraphs (e), (f), and (g) of this paragraph, the ICF suspends the payment of compensation by submitting the appropriate notification to the interested parties before making a final decision on whether the circumstances correspond to those specified in this paragraph.
5. The total amount of compensation to each of the Clients covered by Fund cannot exceed 20,000 (twenty thousand) euros, irrespective of the size and denominated currency of open accounts and the location of service provision.
6. If the owners of a joint account at the Company have the right to compensation:
i. the maximum amount for compensation payable cumulatively to all owners of the account may not exceed 20,000 (twenty thousand) euros; and
ii. the amount of compensation is determined collectively for all recipients and is divided between them in accordance with the terms of an agreement concluded among all the owners of the account and the Company, and in the absence of such an agreement, equally among all owners.