Client money: Difference between revisions

Jump to navigation Jump to search
70 bytes removed ,  26 November 2019
no edit summary
No edit summary
Line 1: Line 1:
{{a|glossary|}}{{a|cass|}}
{{a|glossary|}}{{a|cass|}}
===[[Client money]] generally===
===[[Client money]] generally===
How is [[client money]] different to ordinary [[cash]]?
The [[FCA]]’s [[client money rules]] are designed to minimise credit exposure to firms which hold client funds, but who are not themselves regulated banks. Such firms must deposit client funds with an {{cassprov|approved bank}} which record the deposits in the firm’s name but belonging to the firm’s clients, so it is clear that the firm has no proprietary claim on the account.  Therefore, the [[client money]] account is isolated the firm’s creditors on the firm’s insolvency (such a failure a “[[primary pooling event]]”). It is not isolated, however, from the [[client money bank]]’s creditors.


===How is [[client money]] different to ordinary [[cash]]?===
It isn’t. [[Cash]] is [[cash]] is [[cash]]. “[[Client money]]” describes the relationship between the giver and the receiver of [[cash]], not the cash itself. The cash itself, as it moves around, is just [[cash]].  
It isn’t. [[Cash]] is [[cash]] is [[cash]]. “[[Client money]]” describes the relationship between the giver and the receiver of [[cash]], not the cash itself. The cash itself, as it moves around, is just [[cash]].  


Line 23: Line 24:
*As between the local bank and the [[intermediary]] who is acting as trustee for the [[broker]] (who in turn is acting as [[trustee]] for the client) it is [[indebtedness]]
*As between the local bank and the [[intermediary]] who is acting as trustee for the [[broker]] (who in turn is acting as [[trustee]] for the client) it is [[indebtedness]]
*In the local bank’s hands it is [[working capital]].
*In the local bank’s hands it is [[working capital]].
===[[CASS]] regime===
The FCA’s [[client money rules]] are designed to minimise credit exposure to firms which hold client funds, but who are not authorised to hold client deposits themselves (in otherwords, are not regulated banks). Such firms must deposit client funds with an {{cassprov|approved bank}} which record the deposits in the firm’s name but belonging to the firm’s clients, so it is clear that the firm has no proprietary claim on the account.
In this way, the client account is isolated the firm’s creditors on the firm’s insolvency (such a failure a “[[primary pooling event]]”).
===When do client money obligations arise?===
===When do client money obligations arise?===
In a nutshell, when you give someone money ''apropos'' nothing in particular. Generally, there are two reasons you might pay money to someone else: <br>
Generally, there are two reasons you might pay money to someone else: <br>


'''The general case, where [[client money]] does not apply''': ''Because you owe it under a contract.''  
'''The general case, where [[client money]] does not apply''': ''Because you owe it under a contract.''  

Navigation menu