FAQs: IBLUX Migration to IBIE Restricted Account

Background: 

As previously explained, Interactive Brokers Luxembourg SARL ("IBLUX") will no longer provide brokerage services to investors and is ceasing regular operations. In June 2021, we invited IBLUX’s existing clients to transfer their account to another Interactive Brokers entity or to otherwise move their account to a bank or a broker outside of the Interactive Brokers family. Despite being reminded repeatedly, you did not to take the actions required to move the assets held in your IBLUX account. As such we are transferring your account to our affiliate, Interactive Brokers Ireland Limited ("IBIE") ("Transfer") where your assets will remain in safe custody until we receive transfer instructions from you. These FAQs provide important factual, legal and regulatory information regarding the Transfer.

1.      What does the Transfer mean for me? What terms and conditions will govern my relationship with IBIE following the Transfer?

 

Following the Transfer, IBIE will be responsible for ensuring the safe custody of your assets and the following terms ("Account Terms") will govern your account and assets. You will not be able to place trades or make other financial decisions on your account and IBIE will not provide any investment services to you unless you sign the IBIE Customer Agreement and complete any other open steps needed to open an IBIE account. IBIE will send you an email following the Transfer with the steps to take to secure your login credentials to access your account at IBIE.

 

2.      What do I have to do if I want to continue doing business with Interactive Brokers?

 

If you want to continue doing business with Interactive Brokers, we require your cooperation and action in order for IBIE to provide you investment services. Specifically, we need you to open a new account with IBIE, agree to and sign the Customer Agreement and any other required documents and provide any additional documents or information requested.

 

If you do not want to continue doing business with Interactive Brokers, you may instruct IBIE to transfer your assets to another broker or bank, and IBIE will comply with your instructions subject to applicable laws and IB's standard procedures.

 

3.      How will my assets be custodied with IBIE?

 

Until you agree to and accept the Customer Agreement and open a brokerage account with IBIE, IBIE will provide custody services in limited scope:

 

·         for any cash balance transferred to IBIE, you will be entitled to the amount of the cash balance in your account base currency on the date it is transferred to IBIE and IBIE will not convert your cash balance to another currency or pay any interest on cash that it holds in custody for you. 

 

·         for any financial instruments transferred to IBIE, you will be entitled to those financial instruments and IBIE will not provide any investment services in relation to your financial instruments while they are in IBIE’s custody. For example, IBIE will not take any measures to mitigate losses resulting from market movements. However, in the event your account has insufficient margin, IBIE will take appropriate measures and liquidate positions, without issuing a margin call to you, to bring your account in compliance with margin requirements which are subject to change. More information is provided in FAQ 10.

 

If you open an IBIE account, Irish custody rules will fully apply to your relationship with IBIE. Further information is provided in the IBIE Client Assets Key Information Document. Like the Luxembourg custody rules, the Irish conduct of business rules are based on the recast Markets in Financial Instruments Directive, the Markets in Financial Regulation and various delegated directives and regulations (collectively, "MiFID").

 

4.      Am I protected against loss? Are there any material differences that will apply to my relationship with IBIE compared to those that apply to my existing relationship with IBLUX?

 

After the Transfer, the Ireland Investor Compensation Scheme may apply to your account. Ireland’s compensation scheme is similar to the compensation scheme you have access to in Luxembourg. The purpose of the Irish Investor Compensation Scheme is to pay compensation to you (subject to certain limits) if you have invested money or investment instruments in either of the following cases:

 

·         A firm goes out of business and cannot return your investments or money; and

 

·         A Central Bank of Ireland determination or a court ruling has been made under the Investor Compensation Act 1998.

 

The Investor Compensation Company DAC (ICCL) administers the scheme. IBIE will be a member of the scheme.

 

The scheme covers investment products including:

 

- Public and private company shares

- Units in collective investment schemes

- Life insurance policies (including unit-linked funds)

- Non-life insurance policies

- Tracker bonds

- Futures and options

 

Usually, you can only make a claim after a firm goes out of business and its assets have been liquidated and distributed to those who are owed money. Please check the details of the schemes for any limits that apply – not all losses will be covered as there are maximum levels of compensation.  The ICCL will pay you compensation for 90% of the amount you have lost, up to a maximum of €20,000.

 

5.      How do I make a complaint to IBIE?  What if my complaint relates to something that happened while I was a customer of IBLUX?

 

The IBIE complaints handling procedures are materially similar to those that apply to your existing relationship with IBLUX, but the scope of the complaint provisions is much narrower as the services provided to you are limited to IBIE's holding your assets in safe custody until you submit transfer instructions or become a full IBIE client. All formal complaints should be made using one of the following means: (i) by WebTicket in Account Management on the IBIE website; (ii) by letter to Complaints Handling, Compliance Department, IBIE Dublin Landings, North Wall Quay, North Dock, Dublin 1, Ireland; or (iii) by email to complaints@interactivebrokers.ie.

 

If the substance of your complaint relates to something that happened prior to the Transfer, then you should address your complaint to IBLUX. 

 

6.      After the Transfer, will I still have access to the CSSF to file a complaint?

 

In case of a complaint, investors should follow the complaints procedure as referred to in the IBLUX Customer Agreement. Once the Transfer has taken place, the CSSF will cease to have jurisdiction over any complaints that you may have in respect of IBLUX. However, please be aware that Ireland has a dispute resolution scheme in the form of the Financial Services and Pensions Ombudsman ("FSPO"). The FSPO is a free and independent statutory dispute resolution scheme for financial services. You may be eligible to make a complaint to the FSPO if you are an "eligible complainant". Details of who are “eligible complainants” can be found on www.fspo.ie. The FSPO can be contacted at:

 

Postal Address

Financial Services and Pensions Ombudsman

Lincoln House,

Lincoln Place

Dublin 2

D02 VH29

 

Telephone

+353 (0)1 567 7000

 

Email

Info@fspo.ie

 

7.      How will my personal data be processed and protected? Are there any material differences that will apply to my relationship with IBIE compared to those that apply to my existing relationship with IBLUX in this context?

 

Your data will be processed and protected in accordance with the Interactive Brokers Group Privacy Policy which can be found at: https://www.interactivebrokers.com/en/index.php?f=305. There will be no material change.

 

8.      Will the range of services be the same?

 

No. This account has been created solely for the safe custody of your assets while we wait for you to instruct us on where to transfer your assets or elect to become a full IBIE client. As a result, our services are limited to holding your assets and where relevant taking action to ensure you meet applicable margin requirements.

 

9.      Did you liquidate some or all the positions in my account to facilitate the Transfer?

 

As we previously wrote to you explaining, in many cases we liquidated positions in client accounts, back to the account’s base currency, to facilitate that Transfer to IBIE. Where positions remain, FAQs 10-11 address how they will be transferred and custodied at IBIE.

 

10.  I have a margin account. Are the margin terms governing my account different following the Transfer to IBIE?

 

No. Your obligations and responsibilities in connection with your margin account and trading on margin remain following the Transfer as they were at IBLUX. However, you are not able to freely operate the account, including opening of new positions, unless you become a full IBIE client. Please review the Account Terms for more information.

 

11.  What happens to any security I have granted to IBLUX as part of a margin loan?

 

If you have granted security or collateral to IBLUX this will transfer to IBIE upon the Transfer taking place.

 

12.  Will all account balances be transferred at the same time and what is the timing?

 

All cash balances will be transferred at the same time, and your current account at IBLUX will be closed and inaccessible for trading purposes. You will still be able to access this closed account via the Client Portal for purposes of viewing and printing historical statements.

 

13.  Will IBKR’s commissions and fees change when my account is migrated? 

 

IBKR commissions and fees do not vary by the broker your account is maintained with.

 

However, while your assets are held in safe custody at IBIE until you either transfer your assets to another financial institution or to a new account with IBIE, IBIE will apply a monthly fee to hold your account initially set at Euro 100. The monthly fee can be amended at any time in IBIE’s sole discretion notification to you, which might be by way of email or IBIE’s website.

 

In addition, IBIE will not pay interest to you but shall charge interest to you at such interest rates and on credit or debit balances as are then set forth on the IBIE website.

 

Keep in mind, when the cash balance of your account is insufficient to cover these fees, IBIE may liquidate assets in the same manner IBLUX would liquidate assets before the Transfer.

 

14.  I have other questions about what will and will not be changing following the Transfer? 

 

If you still have questions, please contact IBKR Client Services.