[result matched startletterhead of firm, including full name and address of firm, firm reference numberresult matched end]
[result matched startaddressee - client participating in specified sub-poolresult matched end]
[result matched startdateresult matched end]
Sub-pool disclosure document (under the rules of the Financial Conduct Authority)
1. The sub-pool to which this sub-pool disclosure document relates is designated in the firm's records as:
[result matched startinsert name of sub-pool in firm's recordsresult matched end]
(for the purposes of this document, the "sub-pool")
2. The net margined omnibus client account relating to the sub-pool is held at [result matched startinsert name of authorised CCPresult matched end] and is designated as:
[result matched startinsert the account title, the account unique identifier and (if applicable) any abbreviated name of the account as reflected in the authorised CCP's systemsresult matched end]
(for the purposes of this document, the "omnibus client account").
3. The purpose of this letter is to:
(a) provide you with information relating to the sub-pool [operated or to be operated] by [result matched startinsert name of CASS firmresult matched end] in relation to the omnibus client account held by the firm at [result matched startinsert name of authorised CCPresult matched end];
(b) obtain your consent to holding your money in the sub-pool; and
(c) confirm your direction that upon the failure of [result matched startinsert name of CASS firmresult matched end], we are to use any client money held by the firm in the sub-pool to facilitate porting.
4. [result matched startname of CASS firmresult matched end] will hold any client money that we receive from you in relation to the cleared transactions that we maintain for you in the omnibus client account in client bank accounts that we open in relation to the sub-pool, or we will allow the CCP to hold this client money in the omnibus client account.
5. In the event of the failure of the [result matched startinsert name of CASS firmresult matched end], you hereby direct the [result matched startinsert name of CASS firmresult matched end] to use any client money held by the [result matched startinsert name of CASS firmresult matched end] in the sub-pool to facilitate the porting of the positions recorded in the omnibus client account.
6. In the event of the failure of [result matched startinsert name of CASS firmresult matched end], if porting is not effected, or if porting is effected but any money in the sub-pool is not used to facilitate porting, you and the other beneficiaries of the sub-pool will be entitled to a distribution from any client money held in respect of this sub-pool, in accordance with the client money distribution rules in CASS 7A. Save to the extent that [result matched startinsert name of CASS firmresult matched end] holds any other client money for you in the context of any other business or sub-pool, you will not be entitled to a distribution of any other client money held by [result matched startinsert name of CASS firmresult matched end].
7. You hereby consent to the firm receiving and holding your money as client money as part of [result matched startsub-pool specified above or specify name of sub-poolresult matched end]. Until you sign and return this letter the firm will not hold money for you in the sub-pool and you will not be a beneficiary of the sub-pool.
8. This letter shall be governed by the laws of [result matched startEngland and Wales/Scotland/Northern Ireland /insert appropriate jurisdictionresult matched end].
If you are in agreement with the foregoing terms, please sign and return the enclosed copy of this letter as soon as possible. You should retain a copy of this letter for your records.
[result matched startinsert name of CASS firmresult matched end]
x___________________________
Authorised Signatory
Print Name:
Title:
ACKNOWLEDGED AND AGREED:
[result matched startinsert name of clientresult matched end]
x___________________________
Authorised Signatory
Print Name:
Title:
Contact Information: [result matched startinsert signatory's phone number and email addressresult matched end]
Date: