Template:CASS Section 8: Difference between revisions

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'''CASS {{cassprov|8.2}} Definition of {{cassprov|Mandate}}''' <br>
'''CASS {{cassprov|8.2}} Definition of {{cassprov|Mandate}}''' <br>
A mandate is any means that give a {{fcaprov|firm}} the ability to control a {{fcaprov|client}}'s {{fcaprov|asset}}s or liabilities, which meet the conditions in (1) to (5): <br>
A mandate is any means that give a {{fcaprov|firm}} the ability to control a {{fcaprov|client}}'s {{fcaprov|asset}}s or liabilities, which meet the conditions in (1) to (5): <br>
(1) they are obtained by the {{fcaprov|firm}} from the {{fcaprov|client}}, and with the {{fcaprov|client}}'s consent; <br>
:(1) they are obtained by the {{fcaprov|firm}} from the {{fcaprov|client}}, and with the {{fcaprov|client}}'s consent; <br>
(2) they are in written form at the time they are obtained from the {{fcaprov|client}}; <br>
:(2) they are in written form at the time they are obtained from the {{fcaprov|client}}; <br>
(3) they are retained by the {{fcaprov|firm}}; <br>
:(3) they are retained by the {{fcaprov|firm}}; <br>
(4) they put the {{fcaprov|firm}} in a position where it is able to give any or all of the types of instructions described in (a) to (d): <br>
:(4) they put the {{fcaprov|firm}} in a position where it is able to give any or all of the types of instructions described in (a) to (d): <br>
(a) instructions to another person in relation to the {{fcaprov|client}}'s money that is credited to an account maintained by that other person for the client; <br>
::(a) instructions to another person in relation to the {{fcaprov|client}}'s money that is credited to an account maintained by that other person for the client; <br>
(b) instructions to another person in relation to any money to which the client has an entitlement, where that other person is responsible to the client for that entitlement (including where that other person is holding client money for the client in accordance with CASS {{cassprov|5}} or CASS {{cassprov|7}}); <br>
::(b) instructions to another person in relation to any money to which the client has an entitlement, where that other person is responsible to the client for that entitlement (including where that other person is holding client money for the client in accordance with CASS {{cassprov|5}} or CASS {{cassprov|7}}); <br>
(c) instructions to another person in relation to an asset of the client, where that other person is responsible to the client for holding that asset (including where that other person is safeguarding and administering investments, acting as trustee or depositary of an AIF or acting as trustee or depositary of a UCITS);2(d) instructions to another person such that the client incurs a debt or other liability to that other person or any other person (other than the firm); and <br>
::(c) instructions to another person in relation to an asset of the client, where that other person is responsible to the client for holding that asset (including where that other person is safeguarding and administering investments, acting as trustee or depositary of an AIF or acting as trustee or depositary of a UCITS);2(d) instructions to another person such that the client incurs a debt or other liability to that other person or any other person (other than the firm); and <br>
(5) their circumstances are such that the client's further involvement would not be necessary for the firm's instructions described in 4(a) to 4(d) to be given effect. <br>
:(5) their circumstances are such that the client's further involvement would not be necessary for the firm's instructions described in 4(a) to 4(d) to be given effect. <br>

Revision as of 14:20, 12 May 2014

CASS 8.2 Definition of Mandate
A mandate is any means that give a firm the ability to control a client's assets or liabilities, which meet the conditions in (1) to (5):

(1) they are obtained by the firm from the client, and with the client's consent;
(2) they are in written form at the time they are obtained from the client;
(3) they are retained by the firm;
(4) they put the firm in a position where it is able to give any or all of the types of instructions described in (a) to (d):
(a) instructions to another person in relation to the client's money that is credited to an account maintained by that other person for the client;
(b) instructions to another person in relation to any money to which the client has an entitlement, where that other person is responsible to the client for that entitlement (including where that other person is holding client money for the client in accordance with CASS 5 or CASS 7);
(c) instructions to another person in relation to an asset of the client, where that other person is responsible to the client for holding that asset (including where that other person is safeguarding and administering investments, acting as trustee or depositary of an AIF or acting as trustee or depositary of a UCITS);2(d) instructions to another person such that the client incurs a debt or other liability to that other person or any other person (other than the firm); and
(5) their circumstances are such that the client's further involvement would not be necessary for the firm's instructions described in 4(a) to 4(d) to be given effect.