This is an important document regarding the proposed transfer of your account from IBLUX to IBCE that requires your attention. Please read the entirety of this document ahead of taking any action referred to in the Covering Letter sent to you via email.
Please take time to read this FAQs, which summarises some of the key changes to the regulatory framework which will be brought about by the Proposed Transfer (as described below) and provides answers to some of the more general questions that you may have. The FAQs should be read in conjunction with the Covering Letter and the documents that are attached to the Covering Letter. If you require any further information, please get in touch with us using the contact details provided in the Covering Letter.
This is an important document regarding the proposed transfer of your account from IBLUX to IBIE that requires your attention. Please read the entirety of this document ahead of taking any action referred to in the Covering Letter sent to you via email.
Please take time to read this FAQs, which summarises some of the key changes to the regulatory framework which will be brought about by the Proposed Transfer (as described below) and provides answers to some of the more general questions that you may have. The FAQs should be read in conjunction with the Covering Letter and the documents that are attached to the Covering Letter. If you require any further information, please get in touch with us using the contact details provided in the Covering Letter.
This is an important document regarding the proposed transfer of your account from IBUK and IBLLC to IBCE that requires your attention. Please read the entirety of this document ahead of taking any action referred to in the Covering Letter sent to you via email.
Please take time to read this FAQs, which summarises some of the key changes to the regulatory framework which will be brought about by the Proposed Transfer (as described below) and provides answers to some of the more general questions that you may have. The FAQs should be read in conjunction with the Covering Letter and the documents that are attached to the Covering Letter. If you require any further information, please get in touch with us using the contact details provided in the Covering Letter. This FAQs supersedes the one previously made available to you titled “FAQs: Brexit Account Migration” (“Original FAQs”) as it reflects new information, and we ask that you read it carefully. To the extent there is any inconsistency between this FAQs and the Original FAQs, please rely on the information contained in this FAQs.
Discussion:
This FAQs is split into three parts.
1. What is the situation currently and why do things have to change?
As you will be aware, at present, your relationship with Interactive Brokers is led by our entity based in the United Kingdom, specifically Interactive Brokers (U.K.) Limited (“IBUK”) and the services provided to you are provided by IBUK and, depending on the products you do business in, our US affiliate Interactive Brokers LLC (“IBLLC”). At present IBUK utilises what is known as a financial services passport to be able to perform its part of the service provision across continental Europe. Our working assumption is that following the end of the Brexit transitional period later this year, IBUK will lose its financial services passport and that from 1 January 2021 Interactive Brokers will need to make some changes in relation to which legal entity does business with you.
2. What are the “changes” envisaged above?
We have established a new Interactive Brokers legal entity in Hungary, namely, Interactive Brokers Central Europe Zrt. (“IBCE”). We propose to transfer the business that you currently conduct with IBUK and IBLLC to IBCE. In other words, it is our intention that all of your accounts, investments and services currently provided to you by IBUK and IBLLC will instead be singularly provided by IBCE (for convenience we will refer to this as the “Proposed Transfer”).
3. When will the Proposed Transfer occur?
We will write to you again ahead of the Proposed Transfer.
4. Who is IBCE? What sort of a firm is it?
IBCE, an investment service provider, is licensed and authorized by the Central Bank of Hungary. IBCE’s regulatory status and profile is very similar to IBUK’s. This is because both IBCE and IBUK are authorised pursuant to the second Markets in Financial Instruments Directive (Directive 2014/65/EU). This is an EU-wide piece of legislation the purpose of which is to, as much as possible, harmonise how investment firms are regulated across the EU.
This does not mean there are not some differences between the legislation that applies to your relationship with IBUK and IBLLC at present and that which will apply once your account is transferred to IBCE. We explain this in more detail in Part B of this FAQs.
5. What are IBCE’s legal details?
Interactive Brokers Central Europe Zrt. is registered as a private company limited by shares (registration number 01-10-141029) and is listed in the Register of Companies maintained by the Metropolitan Court of Registration. Its registered address is Budapest, Madách Imre út 13-14, 1075.
6. Who will regulate IBCE and what are their contact details?
The Central Bank of Hungary will be the competent regulator for IBCE (in the same way that the Financial Conduct Authority is the competent regulator for IBUK). The Central Bank of Hungary’s contact details are set out below:
Location
Central Bank of Hungary
1054 Budapest
Szabadság tér 9.
Hungary
Postal Address
Magyar Nemzeti Bank
BKKP Pf. 777
Client Service, client complaints
Address: 1013 Budapest, Krisztina krt. 39.
E-mail: ugyfelszolgalat@mnb.hu
Phone: +36 80 203 776
7. Where does IBCE fit with respect to the broader Interactive Brokers Group?
IBCE is a wholly-owned subsidiary that sits within the broader Interactive Brokers Group.
8. What does the Proposed Transfer mean for me? Will there be any material impacts?
The Proposed Transfer may have a material impact if you currently trade products that you will be restricted from trading following the transfer. It is very important that you read these FAQs carefully, and in full, and make sure that you understand what the changes are for you.
9. What do I have to do if I want to continue doing business with Interactive Brokers?
If you would like to continue to do business with Interactive Brokers, we require your cooperation and action.
Specifically, we need you to consent and agree to the Proposed Transfer and the Customer Agreement and other Documents available under the Important Information section of the Proposed Transfer process and to the regulatory matters outlined in the Covering Letter, the Important Information and Consent sections of the Proposed Transfer process. You can do this by following the instructions in the Covering Letter.
To be clear, you do not have to consent to the Proposed Transfer if you feel that you may be adversely affected by it. However, you should be aware that if you decide to decline, IBUK may not be able to keep servicing your account at the end of the Brexit transition period. If that happens, your account will be restricted from opening new transactions or transferring new assets. You always have the ability to transfer your account to another broker. If you wish to decline, please follow the instructions in the Covering Letter.
In either case, we ask that you read the entirety of this FAQs and the Covering Letter before deciding to consent to or decline the Proposed Transfer.
10. What happens next?
If you consent to the transfer, please complete all actions detailed in the Covering Letter and we will prepare your account for the Proposed Transfer. Following the Proposed Transfer, IBCE will write to you with further information about your new relationship with them.
1. What terms and conditions will govern my relationship with IBCE following the Proposed Transfer? Are these different to the ones that currently apply?
Trades that you conduct after the Proposed Transfer will be governed by the new Customer Agreement between you and IBCE. A copy of the new Customer Agreement is available in the Important Information section of the Proposed Transfer process. Please see the response to Question A3 above in relation to the timing for the Proposed Transfer.
2. What conduct of business rules (including best execution) will apply to my relationship with IBCE? Are there any material differences that will apply to my relationship with IBCE compared to those that apply to my existing relationship with IBUK?
There are some changes to be aware of, which we explain below.
If you do business with IBUK on a “carried” basis (in other words, you trade index options, futures and futures options and IBUK carries your account and custodies your assets) then the Financial Conduct Authority’s conduct of business rules currently apply to you. These rules are based heavily on the recast Markets in Financial Instruments Directive, the Markets in Financial Regulation and various delegated directives and regulations (collectively, “MiFID”). In relation to best execution, where it applies, IBUK must take all sufficient steps to achieve the best possible result for you when we execute your order.
If you currently do business with IBUK on an “introduced” basis (in other words, you trade products outside of those mentioned in the previous paragraph and you have a relationship with both IBUK and its US affiliate, IBLLC) a mix of conduct of business rules will currently apply to you. For instance, with respect to the introduction of your business to IBLLC, the Financial Conduct Authority’s conduct of business rules will apply (see above in relation to these). Once introduced to IBLLC, the relevant U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission rules and regulations (among others) will apply to IBLLC’s role (including its obligations in relation to best execution and custody).
Please note that it is of course possible that your business is split across these two scenarios (in other words some of your business is conducted on a “carried” basis while some of it is conducted on an “introduced” basis).
Going forward, the distinction between “carried” and “introduced” business will no longer apply and in each case set out above, Hungarian conduct of business rules will exclusively apply to your relationship with IBCE. Similar to the UK Financial Conduct Authority’s rules, the Hungarian conduct of business rules are based on MiFID and IBCE’s obligations in relation to best execution will largely mirror those that currently apply to IBUK.
In our view, while the rules that apply to our relationship will change, we do not consider such changes to be material or to result in a lesser degree of protection being afforded to you.
3. How will my investments that I custody with IBCE be held from a legal/regulatory perspective? Are there any material differences that will apply to my relationship with IBCE compared to those that apply to my existing relationship with IBUK?
The rules that currently apply depends on the sort of business that you presently have with IBUK (please see the response to Question B2 above). Where you conduct “carried” business with IBUK, the Financial Conduct Authority’s client asset (or “CASS”) rules will apply. These rules are based heavily on MiFID. Where you conduct “introduced” business with IBUK and IBLLC, the US custody rules will apply to your custody assets.
Going forward, as set out above, the distinction between “carried” and “introduced” business will no longer apply and in each case set out above, Hungarian custody rules will exclusively apply to your relationship with IBCE. Like the UK Financial Conduct Authority’s rules, the Hungarian conduct of business rules are based on MiFID.
4. How am I protected against loss? Are there any material differences that will apply to my relationship with IBCE compared to those that apply to my existing relationship with IBUK?
Currently, your eligible assets are protected from loss either under the US Securities Investor Protection Corporation at an amount of up to USD 500,000 (subject to a cash sublimit of USD 250,000) or the UK Financial Services Compensation Scheme at an amount up to £50,000 (which regime applies depends on the relevant segment of your IBUK account, as explained in the response to Question B2 above). After the Proposed Transfer, the Hungarian Investor Protection Fund according to Act CXX of 2001 on the Capital Market may protect your assets from loss, at an amount up to a maximum of EUR 100,000, should IBCE default and be unable to meet its obligations to you.
Hungary's compensation scheme is similar to the compensation scheme you have access to in the UK, The purpose of the Fund is to pay compensation to you in the event that:
IBCE is a member of the Fund.
The compensation provided by the Fund covers claims arising from contracts entered into within the agreement with IBCE of brokerage activity, securities custody, securities account management and client account management activities performed by IBCE.
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 Fund will pay you compensation for the amount you have lost up to a maximum of EUR 100,000. The amount paid by the Fund is:
5. How do I make a complaint to IBCE? Are there any material differences that will apply to my relationship with IBCE compared to those that apply to my existing relationship with IBUK? What if my complaint relates to something that happened while I was a customer of IBUK?
The General Business Rules of IBCE sets out how to lodge a complaint with IBCE. The complaints handling procedures are materially similar to those that apply to your existing relationship with IBUK. If the substance of your complaint relates to something that happened prior to the Proposed Transfer, then you should address your complaint to IBUK. IBUK will remain authorised as an investment firm post-Brexit. Its current contact information will stay the same should you need to contact IBUK.
6. After the Proposed Transfer, will I still have access to the Financial Ombudsman Service?
In case of complaint, investors should follow the complaints procedure as referred to in the Customer Agreement. As explained in the Original FAQs, once the Proposed Transfer has taken place, the UK Financial Ombudsman Service will cease to have jurisdiction over any complaints that you may have in respect of IBUK. However, please be aware that Hungary has a dispute resolution scheme operated by the Central Bank of Hungary in the form of the Financial Arbitration Board (“FAB”). The FAB is a free and independent statutory dispute resolution scheme for financial services. You may be eligible to make a complaint to the FAB if you are a retail customer. Details of FAB can be found on https://www.mnb.hu/en/hungarian-financial-arbitration-board
The FAB can be contacted at:
Postal Address
Financial Arbitration Board
1525 Budapest
Pf. 172
ugyfelszolgalat@mnb.hu
7. How will my personal data be processed and protected? Are there any material differences that will apply to my relationship with IBCE compared to those that apply to my existing relationship with IBUK in this context?
Please see the Original FAQs for further information. In summary there will be no material change.
1. Who should I contact before the Proposed Transfer takes place and after the Proposed Transfer if I have any questions in the ordinary course?
Generally speaking, you should contact IBUK with any questions that you may have prior to the Proposed Transfer, and you should contact IBCE with any questions that you may have following the Proposed Transfer taking place. Regardless of who you contact at Interactive Brokers, we will ensure your query is promptly dealt with and we will help you to connect with the right person or department.
2. Will the range of products offered be the same?
IBCE and IBUK offer the same range of products for all categories except metals and forex. The differences in the offerings are as follows:
For further information please see “IBCE Multi-Currency Account Foreign Exchange Restrictions Disclosure”.
3. Will the range of services be the same?
There are two changes to the services you are currently offered:
4. I currently trade OTC derivatives with IBUK – what will happen to my open positions?
Your open positions will be transferred to IBCE and you will face IBCE rather than IBUK. You will no longer have any legal relationship with IBUK in relation to those positions. We will separately provide you with an updated Key Investor Information Document (please follow the link to the PRIIPs KID landing page in the Covering Letter).
5. What happens to any security I have granted to IBUK/IBLLC as part of a margin loan?
If you have granted security or collateral to IBUK/IBLLC, this will transfer to IBCE - upon the Proposed Transfer taking place. You will be presented with two new contracts for your existing margin loan:
These will operate similarly to your existing margin loan account with the only difference being you will pay service fees to IBCE for entering into the stock borrow transaction on your behalf instead of paying interest. This may have tax consequences depending on your country of residence.
6. Will I have access to the same trading platform or be subject to any software changes following migrations?
The migration will have no impact upon the software you use to trade or administer your account. The technology will remain the same as it is today.
7. Will all account balances be transferred at the same time and what is the timing?
IBCE will support a limited number of deposit currencies. The following ten cash deposit currencies, the “Allowed Deposit Currencies” are:
You will be required to nominate a base currency from the Allowed Deposit Currencies and if you hold long cash balances in other currencies, you will be required to convert those balances to one of the Allowed Deposit Currencies before migration.
In accordance with the client asset protection rules in Hungary, client funds must be protected in the same form that they were received by the broker. This contrasts with your previous broker, IBUK and/or IBL, whose regulatory client asset rules allowed them to protect your funds in equivalent value in another currency.
Short currency balances are unaffected. You may borrow in any currency that the IBKR group offers.
All cash balances, with the exception of accruals (e.g., interest, dividends) will be transferred at the same time. Once accruals have been settled and posted to cash, they will automatically be swept to IBCE. Once all accruals have been swept, your current account at IBUK or IBLLC 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.
8. Will all security, derivative and commodity positions be transferred at the same time?
All positions will be transferred to your new account at the same time except for OTC metals futures and spot metals. You will be requested to trade out of those positions before conversion to an IBCE account.
9. What will happen to my current account following migration?
Your current account will close once all accruals have been posted to cash and transferred to the migrated account. Once closed, it will be inaccessible for trading purposes, however, it will remain accessible via an account selector from the Client Portal for purposes of viewing and printing historical statements.
10. Will IBKR’s commissions, interest and fees change when my account is migrated?
IBKR commissions and fees on trading products do not vary by the broker your account is maintained with.
There are changes to the interest and fees on cash balances. IBCE will not pay interest on credit balances as Hungarian law that governs investment service companies prohibits the payment of interest. IBCE will charge a currency handling fee for cash balances in currencies that have negative interest rates.
11. Will my trading permissions change when my account is migrated?
No. Your trading permissions will not change when your account is migrated for products that IBCE supports. As discussed in (2) above, spot metals and OTC metal futures will not be available.
12. Will open orders (e.g., Good-til-Canceled) be carried over when my account is migrated?
Open orders will not be carried over to the new account and we recommend that clients review their orders immediately following the migration to ensure that the open orders are consistent with their trading intentions.
13. Will I be subject to the U.S. Pattern Day Trading ("PDT") Rule once my account is migrated?
No. You will no longer be subject to the PDT rule.
14. Will I receive a single, combined annual activity statement reflecting the activity in both my IBUK and IBCE accounts?
No. Separate daily, monthly and annual activity statements will be provided for each of your IBUK and IBCE accounts covering activity during the period each was open. Activity statements will be posted to the Client Portal under the Reports/Tax Docs menu option and you will need to toggle between the two accounts to access their respective statements.
15. Will the current cost basis of positions be carried over when my account is migrated?
Yes, this migration will have no impact upon the cost basis of your positions.
16. Will the migrated account retain the same configuration as the current account?
The configuration of the account following migration will match that of the current account to the extent permissible by regulation. This includes attributes such as margin capability, market data, additional users, and alerts. Client’s holding restricted products (with the exception of OTC metals futures and spot metals), may migrate such positions but won’t be allowed to increase the position.
OTC metals futures and spot metals must be closed in your current IBUK account.
17. Will my login credential change?
No. Your username, password, and any 2-factor authentication process in place for your existing account will remain active following migration. You will, however, be assigned a new account ID for your migrated account.
I clienti che detengono un conto di liquidità possono vendere un certo titolo solamente dopo il regolamento dell'operazione di acquisto, ovvero dopo averlo pagato interamente. Un investitore che acquisti un titolo e poi lo rivenda senza pagare il titolo completamente entro la data di regolamento verrà considerato come un soggetto che pratica il cosiddetto “free riding”. L’attuazione della regola di IBKR sul “free riding” prevede l’utilizzo di un controllo alla fine della giornata di contrattazione per verificare se una posizione sia stata chiusa prima della data di regolamento. Questo monitoraggio alla fine della giornata di contrattazione di IBKR considererà la chiusura di una posizione prima della data di regolamento come una violazione della regola sul free riding. Di conseguenza la società applicherà in automatico una restrizione detta “Cash Up Front” per i successivi 90 giorni.
Gli esempi di seguito descrivono alcune situazioni che costituirebbero una violazione del divieto di "free riding" stabilito da Interactive Brokers.
Esempio A:
1) Alla data T i fondi regolati detenuti dal cliente sono pari a 10,000 USD.
2) Lo stesso giorno il cliente acquista i titoli ABC per 10,000 USD.
3) A T+1 il cliente vende i titoli ABC e acquista i titoli XYZ per 10,000 USD.
4) Il cliente vende i titoli XYZ senza aver versato fondi a sufficienza per coprire il loro acquisto.
Esempio B:
1) Alla data T il cliente ha acquistato i titoli ABC corrispondendone interamente il prezzo e non detiene fondi in eccesso.
2) Lo stesso giorno il cliente vende i titoli ABC per 10,000 USD.
3) Sempre alla data T il cliente acquista i titoli XYZ per 10,000 USD.
4) A T+1 il cliente vende i titoli XYZ senza aver versato fondi a sufficienza per coprire il loro acquisto.
Nell'ambito delle nostre attività di vigilanza sulle operazioni dei clienti, svolte al termine di ogni giornata, entrambe le situazioni descritte costituirebbero una violazione del divieto di "free riding"; in seguito a una tale violazione, per 90 giorni il cliente potrebbe acquistare titoli utilizzando esclusivamente fondi già regolati. IBKR ha posto in essere i controlli necessarie per prevenire violazioni della regola sul free riding. Il valore complessivo della liquidità include fondi regolati e non regolati e avrai la possibilità di piazzare un nuovo ordine quando i tuoi Fondi disponibili (ELV – Margine Iniziale) sono di segno positivo (in quanto questo rappresenta la tua liquidità regolata dopo la chiusura di una transazione). Il controllo in tempo reale per la liquidità regolata viene eseguito dal Credit Check quando si inserisce un nuovo ordine.
I titolari di conti che desiderano avere accesso a fondi non regolati prima del giorno del giorno di regolamento potranno farlo richiedendo un conto a margine. Tramite la tipologia del conto a margine sarà possibile usare fondi non regolati per fare trading ma non sarà possibile prelevarli prima della data di regolamento. I titolari di conti che hanno un conto cash potranno richiedere un upgrade e passare ad un conto a margine seguendo queste istruzioni:
Nota bene:
Introduzione
Ai sensi dell'atto legislativo dell'Unione Europea noto come MiFID ("Markets in Financial Instruments Directive"), così come modificato dalla direttiva MiFID II, Interactive Brokers (U.K.) Limited (IBUK) è tenuta a classificare i propri clienti in base al loro grado di conoscenza, esperienza e competenza, assegnando a ciascuno di essi una delle seguenti categorie: "al dettaglio" (retail), "professionale" (professional) e "controparte qualificata" (eligible counterparty).
Sotto il profilo dei diversi gradi di tutela legale di cui godono, le differenze tra clienti professionali e al dettaglio sono le seguenti:
1. Descrizione dei prodotti preassemblati e dei rischi a essi connessi: quando un’impresa offre un servizio di investimento insieme a un altro servizio o prodotto come parte di un pacchetto o come condizione per l’ottenimento dello stesso accordo o pacchetto, essa è tenuta (i) a comunicare ai clienti al dettaglio se i rischi derivanti da tale accordo o pacchetto sono verosimilmente diversi dai rischi associati ai componenti dell’accordo o pacchetto presi separatamente, e (ii) a fornire loro una descrizione adeguata dei diversi elementi dell'accordo o pacchetto e del modo in cui la composizione di quest’ultimo modifica i rischi. Questo requisito non riguarda in alcun modo i clienti professionali. Ciononostante, questi ultimi ricevono da IBUK la stessa tutela prevista per i clienti al dettaglio, salvo nel caso illustrato al punto 3.
2. Tutela degli investitori in relazione alla fornitura di "contratti per differenza" (contracts for difference, "CFD"): l'ESMA (European Securities and Markets Authority) ha adottato una serie di misure relative alla fornitura di CFD agli investitori al dettaglio, tra cui: (i) nuovi limiti all'entità della leva finanziaria utilizzabile per aprire una nuova posizione, che variano in base alla volatilità del sottostante; (ii) una regola che determina la chiusura automatica di posizioni in caso di mancato raggiungimento dei margini; tale regola riguarda il conto del cliente nel suo complesso ed è volta ad armonizzare la percentuale relativa ai margini al di sotto della quale gli operatori sono obbligati a chiudere una o più posizioni aperte in CFD; (iii) una regola che stabilisce una protezione rispetto all'eventualità di un saldo negativo nel conto del cliente;
(iv) Una limitazione degli incentivi offerti per negoziare CFD; e (v) un avviso sui rischi standardizzato, comprendente la percentuale dei conti in perdita tra quelli aperti da investitori al dettaglio presso il fornitore di CFD. Questo requisito non riguarda in alcun modo i clienti professionali.
3. Comunicazioni con i clienti: in generale le imprese devono assicurarsi che le comunicazioni rivolte ai propri clienti siano eque, chiare e non fuorvianti. Le modalità tramite le quali esse forniscono informazioni su sé stesse, sui propri servizi e prodotti e sui relativi costi possono tuttavia variare in base alla categoria di appartenenza del cliente (al dettaglio o professionale), con particolare riferimento alla precisione delle informazioni, ai mezzi di comunicazione impiegati e alle tempistiche in base alle quali queste vengono fornite. L'obbligo di trasmettere al cliente determinati documenti relativi ai diversi prodotti, come i Key Information Documents (KID) per i cosiddetti PRIIPs (Packaged Retail and Insurance-based Investment Products), non si applica infine ai clienti professionali.
4. Comunicazione dell'eventuale deprezzamento di determinati prodotti: qualora un cliente al dettaglio detenga posizioni in strumenti finanziari caratterizzati dall'effetto leva o in operazioni aventi ad oggetto passività potenziali, le imprese di investimento sono tenute comunicare al cliente gli eventuali deprezzamenti del 10% (e successivamente di multipli del 10%) subiti da tali prodotti. Questo requisito non riguarda in alcun modo i clienti professionali.
5. Adeguatezza: nell'ambito delle operazioni di valutazione dell'adeguatezza di prodotti o servizi forniti senza consulenza, talvolta le imprese sono tenute a verificare che il cliente possieda l'esperienza e la conoscenza necessarie a comprendere i rischi associati al prodotto o servizio offerto o richiesto. Laddove la valutazione dell'adeguatezza risulti obbligatoria, le imprese possono legittimamente presumere che i clienti professionali abbiano il livello di esperienza e conoscenza necessario per comprendere i rischi associati al servizio o all'operazione offerti o richiesti, o ai tipi di operazioni o prodotti in relazione ai quali il cliente è classificato come cliente professionale. Nel caso dei clienti al dettaglio il livello di esperienza e conoscenza non può essere presunto e dunque deve essere di volta in volta verificato.
IBUK fornisce servizi senza consulenza e nel valutare l’adeguatezza dei servizi o prodotti offerti o richiesti rispetto ai clienti professionali non è in alcun modo tenuta a seguire le procedure o richiedere le informazioni previste per i clienti al dettaglio; qualora non sia in grado di determinare l’adeguatezza di un certo prodotto o servizio rispetto a un cliente professionale, inoltre, IBUK non è in alcun modo tenuta ad informare tale cliente.
6. Esclusione della responsabilità: in base alle norme stabilite dalla FCA le imprese possono escludere o restringere l'entità dei propri obblighi e delle proprie responsabilità verso i clienti al dettaglio in misura minore rispetto a quelli professionali.
7. Possibilità di ricorrere al "Financial Ombudsman Service": per i clienti professionali (salvo eccezioni, come ad esempio consumatori, piccole imprese o persone fisiche che operino al di fuori della propria attività commerciale, industriale, artigianale o professionale) è in genere preclusa la possibilità di rivolgersi al Financial Ombudsman Service, un servizio di risoluzione delle controversie nel settore finanziario disponibile nel Regno Unito.
8. Sistemi di indennizzo: IBUK è membro del Financial Services Compensation Scheme (FSCS), un sistema di indennizzo vigente nel Regno Unito. In caso di mancato adempimento degli obblighi di IBUK nei confronti dei propri clienti, questi possono rivolgersi a FSCS per chiedere un indennizzo. L'erogazione dell'indennizzo dipende da una serie di fattori, quali la natura della controversia, l'idoneità del soggetto che lo richiede e il tipo di impresa nei confronti della quale viene sollevata la controversia. I criteri di idoneità per poter ottenere l'indennizzo previsto da FSC sono stabiliti da apposite norme.
Modificare la propria categoria da "al dettaglio" a "professionale"
I clienti al dettaglio di IBUK possono chiedere di essere riclassificati come "clienti professionali". È possibile verificare in qualsiasi momento la propria categoria di appartenenza e richiederne la modifica accedendo a Gestione conto e navigando fino a Impostazioni > Impostazioni conto > Categoria cliente ai sensi del MiFID.
Le richieste di modifica della propria categoria da "al dettaglio" a "professionale" saranno prese in considerazione solamente nei seguenti due casi:
2. Ciascun cliente di IBUK può chiedere di essere considerato "cliente professionale su richiesta" (elective professional client); IBUK soddisferà tale richiesta se, previa valutazione della sua competenza, esperienza e conoscenza, e tenendo conto della natura delle operazioni o dei servizi previsti, riterrà che il cliente è in grado di adottare decisioni di investimento in modo autonomo e comprendere i rischi associati a tali operazioni o servizi. I clienti che non possiedono i requisiti per essere considerati "clienti professionali di diritto" possono dunque chiedere di essere considerati "clienti professionali su richiesta".
Per potersi vedere soddisfatta una tale richiesta, il cliente dovrà dimostrare di soddisfare almeno due (2) dei seguenti criteri:
1. Nel corso dei quattro (4) tremestri precedenti, il cliente ha effettuato operazioni di dimensioni significative con una frequenza media di dieci (10) operazioni al trimestre.
Le operazioni dei clienti saranno considerate "di dimensioni significative" qualora rispettino tutte le seguenti condizioni:
a. Nel corso dei quattro (4) trimestri precedenti sono stati eseguiti almeno quaranta (40) ordini;
b. È stato eseguito almeno un (1) ordine nel corso di ciascuno dei quattro (4) trimestri precedenti;
c. Il valore nozionale complessivo associato ai primi quaranta (40) ordini per valore nozionale eseguiti negli ultimi quattro (4) trimestri è superiore a 200,000 EUR;
d. Il valore patrimoniale netto del conto è superiore a 50,000 EUR.
Ai fini di questi calcoli gli ordini eseguiti aventi ad oggetto valute a pronti e metalli OTC non allocati non saranno presi in considerazione.
2. Il cliente detiene un portafoglio di strumenti finanziari (inclusi i contanti) per un valore superiore ai 500,000 EUR (o importo equivalente in altra valuta);
3. Il cliente negozia tramite il proprio conto o tramite il conto di un'impresa e lavora o ha lavorato nel settore finanziario per almeno un anno ricoprendo una posizione professionale che presupponga la conoscenza dei prodotti negoziati.
Modificare la propria categoria da "professionale" a "al dettaglio" I clienti professionali possono chiedere a IBUK di essere considerati clienti al dettaglio accedendo a Gestione conto e seguendo lo stesso percorso descritto in alto (Impostazioni > Impostazioni conto > Categoria cliente ai sensi del MiFID).
Con l'unica eccezione dei "soggetti regolamentati" (regulated entities) e dei fondi gestiti da soggetti regolamentati, considerati "clienti professionali di diritto" (per se professional client), tali richieste saranno sempre soddisfatte.
LE INDICAZIONI QUI FORNITE SONO RIVOLTE ESCLUSIVAMENTE AI CLIENTI CHE SI AVVALGONO DEI SERVIZI DI COMPENSAZIONE DI INTERACTIVE BROKERS E CHE DETENGONO UN CONTO "FULLY DISCLOSED".
LE INFORMAZIONI COMUNICATE TRAMITE IL PRESENTE ARTICOLO NON SONO DA INTENDERSI IN ALCUN MODO COME UN'INTERPRETAZIONE DEFINITIVA, ESAUSTIVA O COMPLETA DELLE NORME VIGENTI, BENSÌ COME UNA SINTESI DELLE POLITICHE RELATIVE ALLA CATEGORIZZAZIONE DEI CLIENTI ADOTTATE DA IBUK.
Interactive Brokers Australia Pty Ltd (“IBKR Australia”), which holds an Australian Financial Services License (“AFSL” No. 453554), has been established. IBKR Australia is headquartered in Sydney and has been set up to provide services to our Australian clients. IBKR Australia clients, products and services have some unique characteristics when compared to the Interactive Brokers (“IBKR”) global account and product suite. The purpose of this document is to outline these characteristics of the IBKR Australia offering.
Account Types
IBKR Australia offers both cash accounts and margin accounts to all types of clients, including Individual / Joint account holders as well as trust account holders and corporate clients.
For Self-Managed Superannuation Fund (“SMSF”) account holders, IBKR Australia only offers cash accounts.
Natural Person v Non-Natural Person
Under IBKR Australia clients will be categorised as either natural persons or non-natural persons.
A natural person client would include individuals / joint account holders, as well as trusts with at least one natural person trustee. A non-natural person client would include corporate entities as well as trusts with only non-natural person trustees.
Australian Regulatory Status
Under IBKR Australia clients will be classified as either a retail, wholesale or professional investor. All new clients of IBKR Australia default to being classified as a retail investor unless they produce the required documentary evidence to enable IBKR Australia to treat them as a wholesale or professional investor.
Refer to this link for information regarding Australian regulatory status under IBKR Australia.
Please click [Here] to download the wholesale investor booklet, and click [Here] to download the professional investor booklet.
Cash Accounts
IBKR Australia offer three different types of cash accounts:
Investment Account: Similar to the IBLLC Cash account model, the IBKR Australia Investment account does not allow you to short securities or to borrow funds, i.e. your account cannot have a debit balance. Moreover, only a limited number of options strategies will be available. This account is not eligible for reduced intraday Futures margin.
This account is available for all clients except SMSF clients.
Trading Account: While this is also a cash account that does not permit you to have a debit balance, you will be permitted to short stock and trade any of the available option strategies in the Trading Account, provided that you have the requisite trading experience and expertise, which is outlined [Here]. Further, Trading Accounts enable you to trade with unsettled funds.
If you currently have an Investment Account, you can submit a change of account type to change to a Trading Account by logging into the Client Portal and clicking the User menu (head and shoulders icon in the top right corner) followed by Manage Account. Under Configuration, click the Configure tool next to Account Type. This may take 2-3 business days to review.
This account is available for all clients except SMSF clients.
SMSF: This is only available to SMSF clients. This is a cash account that does not permit you to short securities or to borrow funds, i.e. your account cannot have a debit balance. Moreover, only a limited number of options strategies will be available. This account is not eligible for reduced intraday Futures margin.
The options strategies that are available in the Investment Account and the SMSF account are as follows:
Margin Accounts
IBKR Australia offers margin accounts that will provide all clients excluding SMSF clients with the ability to create portfolios to the maximum degree of risk taking/leverage allowed by IBKR Australia. Please note that margin accounts offered by IBKR Australia may be different from client to client depending on various factors. Please refer to this link for more information regarding margin accounts offered by IBKR Australia.
CFD Product Offering
As a client of IBKR Australia, provided that you have the requisite trading experience and expertise, which is outlined [Here], you will be able to trade all of exchange traded products available (including local and global stocks, options, futures, bonds, ETFs etc.) through IBKR’s award winning trading platform and software.
In addition, IBKR Australia issue Contracts for Difference (“CFDs”) over global shares, indices, metals and FX. These are only available to IBKR Australia clients. For further information on IBKR Australia's products and services, please see our website.
Refer to this link for information on IBAU’s share CFDs.
Refer to this link for information on IBAU’s index CFDs.
Refer to this link for information on IBAU's metal CFDs.
Refer to this link for information on IBAU’s FX CFDs.
Please note that the Australian Securities and Investment Commission (ASIC) enacted new rules applicable to retail clients trading CFDs, effective 29 March 2021. Wholesale or Professional Investor clients are unaffected. Refer to this link for more information.
FX Offering
IBKR Australia can only support currencies in AUD, USD, HKD, EUR and GBP and you can convert between these currencies. If you have cash balances in currencies other than IBA supported currencies (AUD, USD, HKD, EUR or GBP) these will to be converted into your nominated base currency.
IBAU clients, when permissioned, can trade in any market available across the IBKR network, even those outside the 5 supported currencies above. However, upon your instruction for any market outside the 5 supported currencies, IBKR Australia will automatically execute Forex conversions to ensure non-supported cash balances be cleared.
For example, if an IBKR Australia client using a Cash account wishes to buy JPY denominated securities, as long as the client has sufficient available funds (for a cash account) or sufficient equity (for a margin account), the trade is permitted. To settle the trade, IBKR Australia will convert the existing cash balances into JPY. Similarly at a later date, if the same client wishes to sell their JPY denominated securities, IBKR Australia would automatically convert the JPY proceeds to the base currency by day end, once again leaving no residual JPY cash balances.
If an IBKR Australia client using a margin account has any positive or negative cash balances (if permitted) outside of the 5 supported currencies, it will be automatically converted to base currency by day end.
ASX24
In order to ensure continued compliance with our regulatory obligations, IBKR Australia will NOT accept any other form of collateral except cash for the purposes of determining whether you can trade or hold ASX24 products. If the margin requirements of ASX24 products cannot be met using cash, your account will be subject to automated liquidation.
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Introduction
The European Union legislative act known as the Markets in Financial Instruments Directive, or MiFID, as amended by MiFID II, requires Interactive Brokers (U.K.) Limited (IBUK) to classify each Client according to their knowledge, experience and expertise: "Retail", "Professional" or "Eligible Counterparty".
In accordance with the Financial Conduct Authority rules, IBUK categorises most clients as Retail clients, providing them with a higher degree of protection.
Only those clients that are either regulated entities or funds managed by regulated fund managers, are categorised as Per Se Professional Clients.
Professional Clients are entitled to a lower degree of protection under the UK regulatory regimes than Retail Clients. This notice contains, for information purposes only, a summary of the protections that a Retail Client might lose if they are to be treated as a Professional Client.
1. Description of the nature and risks of packaged investments: A firm that offers an investment service with another service or product or as a condition of the same agreement with a Retail Client must: (i) inform Retail Clients if the risks resulting from the agreement are likely to be different from the risks associated with the components when taken separately; and (ii) provide Retail Clients with an adequate description of the different components of the agreement and the way in which its interaction modifies the risks. The above requirements do not apply in respect of Professional Clients. However, IBUK will not make such differentiation apart from the case specified under point 3 below.
2. Retail investor protection measures on the provision of Contracts for Differences (“CFDs”): The regulatory measures include: (i) Leverage limits on the opening of a position, which vary according to the volatility of the underlying; (ii) A margin close out rule on a per account basis that standardises the percentage of margin (at 50%of the minimum required margin) at which providers are required to close out one or more open CFDs; (iii) Negative balance protection on a per account basis;(iv) A restriction on the incentives offered to trade CFDs; and (v) A standardised risk warning, including the percentage of losses on a CFD provider’s Retail investor accounts. These measures do not apply in respect of Professional Clients.
3. Communication with clients, including financial promotions: A firm must ensure that its communications with all clients are, and remain, fair, clear and not misleading. However, the simplicity and frequency in which a firm may communicate with Professional Clients (about itself, its services and products, and its remuneration) may be different to the way in which the firm communicates with Retail Clients. Regulations relating to restrictions on, and the required contents of, direct offer financial promotions do not apply to promotions to Professional Clients and such promotions need not contain sufficient information for Professional Clients to make an informed assessment of the investment to which they relate. A firm’s obligations in respect of the level of details, medium and timing of the provision of information are different depending on whether the client is a Retailor Professional Client. The requirements to deliver certain product-specific documents, such as Key Information Documents (“KIDs”) for Packaged Retail and Insurance-based Investment Products (“PRIIPs”), are not applied to Professional Clients.
4. Depreciation in value reporting to clients: A firm that holds a Retail Client account that includes positions in leveraged financial instruments or contingent liability transactions must inform the Retail Client, where the initial value of each instrument depreciates by 10 per cent and thereafter at multiples of 10 per cent. The above reporting requirements do not apply in respect of Professional Clients (i.e., these reports do not have to be produced for Professional Clients).
5. Appropriateness: For transactions where a firm does not provide the client with investment advice or discretionary management services (such as an execution-only trade), it may be required to assess whether the transaction is appropriate. When assessing appropriateness for non-advised services, a firm may be required to determine whether the client has the necessary experience and knowledge in order to understand the risks involved in relation to the product or service offered or demanded. Where such an appropriateness assessment requirement applies in respect of a Retail Client, there is a specified test for ascertaining whether the client has the requisite investment knowledge and experience to understand the risks associated with the relevant transaction. However, in respect of a Professional Client the firm is entitled to assume that a Professional Client has the necessary level of experience, knowledge and expertise in order to understand the risks involved in relation to those particular investment services or transactions, or types of transaction or product, for which the client is classified as a Professional Client. IBUK provides non-advised services and is not required to request information or adhere to the assessment procedures for a Professional Client when assessing the appropriateness of a given service or product as with a Retail Client, and IBUK may not be required to give warnings to the Professional Client if it cannot determine appropriateness with respect to a given service or product.
6. Information about costs and associated charges: A firm must provide clients with information on costs and associated charges for its services and/or products. The information provided may not be as comprehensive for Professional Clients as it must be for Retail Clients.
7. Dealing: When undertaking transactions for Retail Clients, the total consideration, representing the price of the financial instrument and the costs relating to execution, should be the overriding factor in any execution. For Professional Clients a range of factors may be considered in order to achieve best execution –price is an important factor, but the relative importance of other different factors, such as speed, costs and fees may vary. However, IBUK will not make such differentiation.
8. Difficulty in carrying out orders: In relation to order execution, firms must inform Retail Clients about any material difficulty relevant to the proper carrying out of orders promptly on becoming aware of the difficulty. This is not required in respect of Professional Clients. The timeframe for providing confirmation that an order has been carried out is more rigorous for Retail Clients’ orders than Professional Clients’ orders.
9. Share trading obligation: In respect of shares admitted to trading on a regulated market or traded on a trading venue, the firm may, in relation to the investments of Retail Clients, only arrange for such trades to be carried out on a regulated market, a multilateral trading facility, a systematic internaliser or a third-country trading venue. This is a restriction which may not apply in respect of trading carried out for Professional Clients (i.e., this restriction can be disapplied where trades in such shares are carried out for Professional Clients in certain circumstances).
10. Exclusion of liability: Firms’ ability to exclude or restrict any duty or liability owed to clients is narrower under the FCA rules in the case of Retail Clients than in respect of Professional Clients.
11. The Financial Services Ombudsman: The services of the Financial Ombudsman Service in the UK may not be avail-able to Professional Clients, unless they are, for example, consumers, small businesses or individuals acting outside of their trade, business, craft or profession.
12. Compensation: IBUK is a member of the UK Financial Services Compensation Scheme. You may be entitled to claim compensation from that scheme if IBUK cannot meet its obligations to you. This will depend on the type of business and the circumstances of the claim; compensation is only available for certain types of claimants and claims in respect of certain types of business. Eligibility for compensation from the Financial Services Compensation Scheme is not contingent on your categorisation but on how the firm is constituted. Eligibility for compensation from the scheme is determined under the rules applicable to the scheme (more information is available at https://www.fscs.org.uk/).
13. Transfer of financial collateral arrangements: As a Professional Client, the firm may conclude title transfer financial collateral arrangements with you for the purpose of securing or covering your present or future, actual or contingent or prospective obligations, which would not be possible for Retail Clients.
14. Client money: The requirements under the client money rules in the FCA Handbook (CASS) are more prescriptive and provide more protection in respect of Retail Clients than in respect of Professional Clients.
Re-categorisation as Professional Client
IBUK allows its Retail Clients to request to be re-categorised as Professional Clients. Clients are notified of their Client Category and can check it at any time from Account Management, under Settings> Account Settings> MiFID Client Category. From this same screen, Clients can also request to change their MiFID Category.
IBUK will consider re-categorising Retail Clients to Professional Clients in two instances:
1. Per Se Professional Clients can notify IBUK that they consider that they should have been categorised as Per Se Professionals under the FCA rules, because at least one of the following conditions applies:
(i) authorised or regulated to operate in the financial markets; or
(ii) a large undertaking meeting two of the following size requirements on a company basis:
(a) balance sheet total of EUR 20,000,000;
(b) net turnover of EUR 40,000,000;
(c) own funds of EUR 2,000,000;
(iii) an institutional investor whose main activity is to invest in financial instruments. This includes entities dedicated to the securitisation of assets or other financing transactions.
2. IBUK may treat Clients as Elective Professional Clients if, based on an assessment of the Client’s expertise, experience, and knowledge, IBUK is reasonably assured that, in light of the nature of the transactions or services envisaged, the Client is capable of making its own investment decisions and understand the risks involved. Clients who do not meet the requirements to be categorised as Per Se Professional Clients can still request to be categorised as Elective Professional Clients.
To obtain such re-categorisation, Retail Clients must provide evidence that they satisfy at least two (2) of the following criteria:
1. Over the last four (4) quarters, the Client conducted trades in financial instruments in significant size at an average frequency of ten (10) per quarter.
To determine the significant size IBUK considers the following:
a. During the last four quarters, there were at least forty (40) trades; and
b. During each of the last four (4) quarters, there was at least one (1) trade; and
c. The total notional value of the top forty (40) trades of the last four (4) quarters is greater than EUR 200,000; and
d. The account has a net asset value greater than EUR 50,000.
Trades in Spot FX and Unallocated OTC Metals are not considered for the purpose of this calculation.
2. The Client holds a portfolio of financial instruments (including cash) that exceeds EUR 500,000 (or equivalent);
3. The Client is an individual account holder or a trader of an organisation account who works or has worked in the financial sector for at least one year in a professional position which requires knowledge of products it trades in.
Upon review and verification of the information and supporting evidence provided, IBUK will re-categorise clients if all relevant conditions are met to satisfaction.
Retail Clients requesting to be re-categorised as Professional Accounts must read and understand the warning provided by IBUK before the relevant request is submitted.
Re-categorisation as Retail Client
Professional Clients can request IBUK to be re-categorised as Retail Clients, from the same Account Management page described above (under Settings> Account Settings> MiFID Client Category).
With the sole exception of regulated entities or funds managed by regulated fund managers, which are categorised as Per Se Professional Clients, IBUK accepts all such requests.
THIS INFORMATION IS GUIDANCE FOR INTERACTIVE BROKERS FULLY DISCLOSED CLEARED CUSTOMERS ONLY.
NOTE: THE INFORMATION ABOVE IS NOT INTENDED TO BE A COMPREHENSIVE, EXHAUSTIVE NOR A DEFINITIVE INTERPRETATION OF THE REGULATION, BUT A SUMMARY OF IBUK’S APPROACH TO CLIENT CATEGORISATION AND RE-CATEGORISATION POLICY.
The process of converting from an individual account to a trust account is outlined below:
1. As the trust account structure differs from that of the individual in terms of account holder information required, legal agreements and, in certain cases, taxpayer status, direct conversion is not supported and a new trust account application must be completed online.
The online trust application may be initiated by visiting www.ibkr.com and clicking the "Open Account" button. Be sure to request trading permissions and, if necessary, margin status, sufficient to maintain the positions currently carried in your individual account. Note that if your account is managed by a financial advisor or you are a client of an introducing broker, please contact your advisor or broker to initiate the new application (you may need to make arrangements with your advisor or broker for fees that have accrued but not yet paid when the individual account closes).
2. The trust account application requires Compliance review and approval and documentation evidencing the creation of the trust and proof of identity and address of trustees may also be required. If this is the case, notice as to the required documents and how to submit will be provided at the conclusion of the online application.
3. Once you have received an email confirming approval of the trust account application, send a request from your Message Center authorizing IB to manually transfer positions from your Individual to trust account. Prior to submitting the request you should make sure to close all open orders in the individual account to ensure that no executions take place following the transfer.
Due to the manual steps and scheduling required, you should allow a minimum of one week after trust account approval and submitting your request for the transfer to take effect.
IMPORTANT NOTES
1. Note that exchange regulations preclude ownership transfer of derivative contracts such as futures and options. If you are holding such positions you would either need to close them prior to the transfer taking place or request that they remain in your individual account.
2. Prior to processing the transfer, you should make sure to close all open orders in the individual account to ensure that no executions take place following the transfer.
3. The SMA (Special Memorandum Account) balance in your individual account will not transfer to the trust account. In certain cases this may impact your ability to open new positions in the trust account on the first day after the transfer is completed.
4. Elective options such as market data subscriptions and participation in IB's Yield Enhancement Program will not be carried over to the trust account and must be re-initiated to continue. Note that trusts are often classified as Professionals for market data subscription purposes which generally implies higher subscription rates than that for Non-Professionals.
5. The cost basis of transferred positions as reported in the activity statements will remain unchanged for tax purposes. The cost basis as reported in your trading platform (which is not used for tax reporting purposes) will not transfer over to the trust account but may be manually adjusted.
6. Once the transfer has been completed and assuming all positions have been transferred your individual account will be designated for automatic closure. Note that certain balances such as dividend accruals can’t be transferred until paid, after which they will then be transferred and your individual account closed.
7. You'll receive any applicable tax forms for the reportable activity transacted in each of your individual and trust accounts at year end. Access to Account Management for you individual account will remain after it has been closed for the purpose of reviewing and printing activity statements and tax forms.
8. IBKR does not provide tax advice or investment guidance and recommends that account holder consult with qualified professionals to determine any legal, tax or estate planning consequences associated with individual to trust transfer requests.
In a cash account, an investor must pay for the purchase of a security (meaning, the trade must settle) prior to selling that security. If an investor buys a security and then sells that same security without paying for the security in full by settlement date, the investor is considered to be “free riding.” IBKR's implementation of the free riding rule uses an end of day check to see if a position was closed prior to its trade settlement date. This IBKR end of day surveillance would still consider closing a position before settlement a Free Riding violation and automatically puts the account into "Cash Up Front" restriction for the next 90 days.
Free riding examples that would be considered a violation at Interactive Brokers
Example A:
1) On T, the account has settled cash of $10,000
2) On T, the account buys ABC for $10,000
3) On T+1, the account sells ABC and buys $10,000 of XYZ
4) The customer sells the XYZ shares without depositing sufficient funds to pay for the purchase of XYZ in full
Example B:
1) On T, the account has fully paid for stock in ABC and no excess cash
2) On T, the account sells $10,000 of ABC
3) On T, the account buys $10,000 of XYZ
4) On T+1, the account sells the XYZ shares without depositing sufficient funds to pay for the purchase of XYZ in full
The end of day surveillance process would consider both of these scenarios to be free riding violations, which would restrict the account to only purchase using settled funds for 90 days. IBKR has put certain controls in place to help prevent free riding violations. Your Total Cash Value includes your settled and unsettled funds, and you will be able to place a new order when your Available Funds (ELV - Initial Margin) is positive (as that represents your fully settled cash after a closing trade). The real time check for fully settled cash is done at the Credit Check when entering a new order.
Account holders who wish to have access to unsettled funds prior to the settlement day may do so by requesting a margin type account. Under a margin type account, unsettled funds may be used for trading purposes but may not be withdrawn until settlement. Account holders maintaining a Cash type account may request an upgrade to a Margin type account by:
Please Note