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Ethex Innovative Finance ISA terms and conditions

These Terms and Conditions apply to the holding in an Innovative Finance ISA of bonds and other debt securities (referred to collectively as “bonds” herein) available from Ethex Investment Club Limited (“Ethex”) through the Ethex website (www.ethex.org.uk). The provisions of the Ethex Terms and Conditions for Registered Users apply to the services provided by Ethex in respect of bonds held within an Ethex Innovative Finance ISA in addition to these Terms and Conditions. In the event of conflict between these Terms and Conditions and the Ethex Terms and Conditions for Registered Users, the provisions of these Innovative Finance ISA Terms and Conditions will prevail. Ethex and we shall share and store your personal information in connection with the provision of our respective services to you. We will hold and use that data in accordance with our Privacy Policy.
In these Terms and Conditions, references to the ISA Regulations means the Individual Savings Account Regulations 1998 (as amended or replaced from time to time and other capitalized terms that are not defined herein shall bear the meaning given to them in the ISA Regulations, where applicable.
1 Your Innovative Finance ISA account
1.1 ShareIn Limited (“ShareIn”) will be the manager of your Ethex Innovative Finance ISA. ShareIn will not facilitate the holding of investments within your Ethex Innovative Finance ISA pursuant to these Terms and Conditions other than bonds acquired through the Ethex website.
1.2 ShareIn may delegate functions under this agreement to another person, including Ethex, where this is permitted by law. References to “we”, “us” and “our” in these Terms and Conditions are to ShareIn or its delegates.
1.3 We will treat you as a retail client for the purposes of the rules of the Financial Conduct Authority. We will arrange for payments due to you under bonds you acquire through the Ethex website to be received from the bond issuer and paid on to you. We will exercise, or facilitate the exercise, of your rights in respect of any such bond.
1.4 To open an Ethex Innovative Finance ISA account, we must be in receipt of a completed ISA application, together with your payment (including a transfer of cash from an existing ISA) for any whole pound (£) amount the minimum stated in the Offer Document and (other than for transfers from existing ISAs) the maximum annual subscription allowance for an Innovative Finance ISA.
1.5 You must provide Ethex with information to demonstrate that you have sufficient knowledge and experience of investments to invest in unlisted bonds as a condition to facilitating related transactions for you. We will reject your application if we are not satisfied that it is appropriate for you to make such investments.
1.6 You may subscribe to an ISA in any tax year (i.e. period starting on 6 April of one year and ending 5 April of the following year) for which you are either resident and ordinarily resident in the United Kingdom; or, although non-resident in the United Kingdom, perform duties of a Crown employee which are treated as being performed in the United Kingdom, or are the spouse or civil partner of such a person.
1.7 When you open an Innovative Finance ISA account, we will ask you to make a declaration to allow you to subscribe for an Innovative Finance ISA for each subsequent tax year.
1.8 In accordance with the Individual Savings Account Regulations 1998 (ISA Regulations), you are not eligible to apply if you have already subscribed to an Innovative Finance ISA, or have already subscribed the maximum available allowance to a Cash and/or Stocks and Shares ISA, in the same tax year as you are applying for this ISA. These restrictions do not apply if you are:
1.8.1 transferring an existing Innovative Finance ISA from another ISA Provider to this Innovative Finance ISA (in circumstances where this is permitted under the ISA Regulations), or
1.8.2 where you have already subscribed the maximum allowance to a cash and/or stocks and shares ISA and this is transferred to this Innovative Finance ISA.
1.9 ISA investments will be, and must remain, in your beneficial ownership and must not be used as security for a loan.
1.10 We will satisfy ourselves that any person to whom we delegate any of our functions or responsibilities under the terms agreed with the investor is competent to carry out those functions and responsibilities.
1.11 We will notify you if, by reason of any failure to satisfy the provisions of the ISA Regulations, an ISA has, or will, become void. If the failure cannot be corrected or if you fail to take any action requested by us in writing within a reasonable period of time, we may close your account by written notice.
1.12 If you do not place any money in your account during a tax year, you will need to make a new declaration should you wish to make a subscription to your Ethex Innovative Finance ISA in the following tax year.
1.13 We are obliged to confirm the true identity of all applicants and reserve the right to decline an application to open an account from you or any deposit.
2 Payments and withdrawals
2.1 Subscriptions can be made into your Innovative Finance ISA account by cheque and BACS. Transfers of cash from existing ISAs can made in accordance with condition 7.
2.2 If money is subscribed into your Innovative Finance ISA account which exceeds the amount prescribed in the ISA Regulations, then the excess subscription will be transferred to an account in your name.
2.3 You may make withdrawals from your Innovative Finance ISA account; however, you cannot withdraw money which is invested in a bond (although you may seek to sell the bond through the bulletin board on the Ethex website, if this service is available in respect of the bond in question).
2.4 We will pay any cash sums (subject to the deduction of fees, if any) out of your Innovative Finance ISA account to you within such reasonable period as you may stipulate, provided that the withdrawal process may take up to 30 days from the later of the date you sell your rights under the relevant bond and the date you notify us of the withdrawal request. If you stipulate a period of less than 30 days, we will try, but cannot guarantee that we will be able, to accommodate your request.
2.5 Your Innovative Finance ISA will be flexible. This flexibility means money which is withdrawn can be replaced (in whole or in part) within the same tax year and this will not affect your ISA subscription limit for that year. You will not be able to replace bonds if you cease to hold them in the Innovative Finance ISA account.
3 Uninvested cash
3.1 Your Ethex Innovative Finance ISA must be fully invested into qualifying bonds at all times. Cash may only be held temporarily for the purpose of purchasing those qualifying bonds.
3.2 All uninvested cash shall be held in an account that is segregated from our money in an account with a bank that is designated solely for holding the cash of ShareIn’s ISA clients. We may engage a third party to operate the account and, at present have appointed Woodside Corporate Services Limited to act as payment agents in accordance with the requirements of article 4(6)(e) of the ISA Regulations (requirement for ISA manager to vet delegates).
4 Fees
4.1 We do not generally charge fees to investors. We are remunerated for administering your Innovative Finance ISA account by Ethex. The amount of our remuneration is current fixed at £500 per calendar month.
4.2 We do not currently charge fees in connection with dealing with third parties in the event of your death or bankruptcy. We reserve the right to introduce fees for such services and will give you 30 days’ written notice of the introduction of such fees. However, Woodside Corporate Services Ltd will charge you a fee in connection with any payment out of your Ethex IF ISA account made by them to an account in your name (withdrawal), or to another ISA provider (transfer out). This fee will be deducted from any payout made. Their fee is currently 0.5% + VAT of any return payment subject to a minimum of £5 + VAT and a maximum of £30 +VAT.
4.3 We may introduce fees in respect of new services and increase our fees in respect of making new investments provided that we give you at least 30 days’ written notice of the introduction or increase in such fees.
4.4 If we or Ethex do charge fees to you directly our fees will be taken from your Innovative Finance ISA account and will not be taken from any other account Ethex may hold for you.
5 Cancellation and account closure
5.1 If you decide you no longer want an Innovative Finance ISA, you will have the right to cancel your account within 14 calendar days of the date your account is opened. You can do this by telephoning us on 01865 403304 or e-mail us at orders@ethex.org.uk. Please note that this will cancel your Innovative Finance ISA account, but your right to cancel any bonds held within it will be governed by the Ethex Terms and Conditions for Registered Users.
5.2 When your account is cancelled pursuant to condition 5.1, any money or bonds credited to your account will be transferred back to you to be held outside your ISA.
5.3 If you have subscribed to your Innovative Finance ISA during a tax year and then close the account otherwise than pursuant to condition 5.1, and do not arrange with another ISA provider to transfer the money in your account to them, you will not be able subscribe to another Innovative Finance ISA with another ISA provider in the same tax year.
5.4 If you have subscribed to your Innovative Finance ISA during a tax year and then close the account, you will be able to re-open the account with us during the same tax year.
5.5 We may close your account with immediate written notice to you if we are directed to close it by HM Revenue & Customs or if your membership is terminated pursuant to the Ethex Terms and Conditions for Registered Users.
5.6 If you or we close your Innovative Finance account, any money credited to your account will be transferred to an account in your name.
5.7 The interest rate on bonds subscribed for within an Ethex Innovative Finance ISA will not change by virtue of transferring them into a non-ISA account.
5.8 If we become insolvent or are otherwise unable to continue acting as ISA manager for any reason, we and/or Ethex shall use reasonable endeavours to identify an alternative ISA manager to transfer your bonds and cash to. We will endeavor to provide you with at least 30 days’ written notice before doing so, but if it is not possible to do so and preserve the ISA status of your investments, you consent to us making such transfer without your further consent. If it is not possible for us to identify an alternative ISA manager in these circumstances, your cash and investments may cease to qualify for inclusion in an ISA.
6 Death or bankruptcy
6.1 In the event of your death, ISA tax exemptions will no longer apply. Any interest or gains in respect of investments that arise after the date of death to the date of closure will not be exempt from tax.
6.2 When we receive notification of your death we will close your Innovative Finance ISA account and will be transferred to in accordance with the instructions we receive from your executors.
6.3 We may require a grant of probate or letters of administration before releasing any monies in your account to your executors.
6.4 Your Innovative Finance ISA account will be valued for probate as at the death and dealt with as instructed by your executors.
6.5 We may support the setting up of an Innovative Finance ISA based on additional permitted subscriptions (within the meaning of the ISA Regulations) for your spouse.
6.6 In the event of your bankruptcy, ISA tax exemptions will no longer apply from the date on which a trustee is appointed to manage your estate.
6.7 When we receive notification of your bankruptcy we will close your Innovative Finance ISA account and any cash and bonds will be transferred to the trustee.
6.8 Whilst you are bankrupt, your trustee will have the authority to request that we sell your bonds in accordance with clause 2.3 and/or send monies in your account to them.
7 Transfers in
7.1 You may transfer money (but not investments) into your Innovative Finance ISA with us from an existing ISA in your name with another provider. A Transfer Form will need to be completed. We can then arrange for the money to be transferred to us from your existing ISA provider in accordance with your instructions in the Transfer Form and the ISA Regulations.
7.2 The transfer process will begin on the date on the Transfer Form or the date you stipulate for us to begin the transfer process, whichever is later. We will then send your request for the transfer of money in your existing ISA to your existing ISA Provider together with confirmation that we will accept the ISA transfer, within 30 days of receiving your Transfer Form. We will not be responsible for any delay to the transfer where this is due to a matter than we cannot reasonably control.
7.3 If you have applied to invest in a bond to be held outside of an ISA and, before the bond is issued, decide you wish to acquire it within an ISA, please contact us at orders@ethex.org.uk, specifying the amount you wish to be held in the ISA.
8 Transfers out
8.1 If you wish to transfer your ISA to another ISA manager, the transfer must be made in cash and you cannot transfer your bonds unless the transfer is made pursuant to clause 5.8 above. You cannot call for repayment by the issuer of your bonds within an Innovative Finance ISA to fund a transfer out; however, where a purchaser can be found, bonds within an Innovative Finance ISA can be sold on the Bulletin Board on the Ethex website (if this service is available).
8.2 You may transfer all (but not part only) of the money in your account in the current tax year, together with all or parts of any money (together with interest) in your account from previous tax years to another ISA Provider in accordance with the ISA Regulations and these Terms and Conditions. You will need to contact your other ISA provider in order to arrange a transfer and you can choose the date money is transferred subject to us being allowed up to 30 days to implement that transfer.
9 Bonds that you already own
9.1 If you are an existing Ethex customer, you cannot transfer bonds previously acquired via the Ethex website into your Innovative Finance ISA account.
9.2 You may be able to sell bonds previously acquired via the Ethex website and subsequently transfer non-invested money to your Innovative Finance ISA account in accordance with condition 2.1.
9.3 Bonds purchased from an existing bondholder through the Ethex Bulletin Board cannot be included within an Ethex Innovative Finance ISA account unless the seller held the bonds in an Ethex Innovative Finance ISA account.
9.4 Bonds held within an Ethex Innovative Finance ISA may, subject to the availability of the Ethex Bulletin Board, be sold to an available purchaser and the proceeds of sale retained within the ISA pending re-investment.
10 Amendments to these Terms and Conditions
10.1 We may, at any time, change the Innovative Finance ISA Terms and Conditions by giving you written notice via email. Such amendment will take effect on the date specified in the written notice. For the avoidance of doubt, these changes may impact our fees and charges or the level of service provided. Any amendment that adversely affects you will not apply to sums already invested, but will apply to re-investment of the proceeds.
10.2 We may amend these Innovative Finance ISA Terms and Conditions if we believe it necessary in order to respond proportionally to changes in law and regulations.
10.3 We may also amend the Innovative Finance ISA Terms and Conditions to reflect changes to our systems, administrative processes and procedures, market practice or client requirements and to reflect other legitimate cost increases (or reductions) associated with providing your Ethex Innovative Finance ISA.
10.4 You will be given at least 30 days’ notice in respect of any changes to these Innovative Finance ISA Terms and Conditions that adversely affect you unless the specific circumstances require a shorter or longer period. Any amendments will comply with any applicable laws and regulations.
11 ISA Regulations
11.1 The management of your Innovative Finance ISA Account will be subject to the ISA Regulations and current HMRC practices. Any changes made by HMRC to the ISA Regulations or its practices that affect these terms will apply as soon as they come into effect.
11.2 We will inform you if your Innovative Finance ISA Account has or will lose its tax exemption through any failure to meet the ISA Regulations. If an investment which was previously allowed under the ISA Regulations ceases to be allowed, we will notify you and request your instruction to either sell the investment and reinvest the proceeds in the account, or transfer it out of the account.
12 General
12.1 These Terms and Conditions are governed by and to be construed in accordance with English law. In the event of any matter or dispute arising out of or in connection with these Terms and Condition, you and we shall submit to the non-exclusive jurisdiction of the English courts.
12.2 If any of these Terms and Conditions is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall, so far as possible, continue in full force and effect.
12.3 No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these Terms and Conditions or otherwise.
12.4 We and Ethex may exercise any of our rights or discharge our obligations under these Terms and Conditions in our own capacity or through any company or other legal entity which has all relevant legal authorisations, licences or permissions to discharge those functions. Other than Ethex, which shall be entitled to exercise rights under these Terms and Conditions, no other person shall have rights to enforce terms under the Contracts (Rights of Third Parties) Act 1999.
13 Contacting us
If you have any questions about these Terms and Conditions, or wish to contact us for any other reason, you can contact us in writing at: Ethex Investment Club Limited, The Old Music Hall, 106-108 Cowley Road, Oxford, OX4 1JE

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