• COBS 14.2.5 COBS 14.2.5 Client Accounts

    (a) A Client Account in relation to Client Money or Relevant Money, as applicable, is an account which:
    (i) is held with a Third-Party Agent as banker, pursuant to Rules 14.2.714.2.8;
    (ii) is established to hold Client Money or Relevant Money, as applicable;
    (iii) is maintained in the name of:
    (A) if an Abu Dhabi Global Market Firm, the Authorised Person; or
    (B) if a non-Abu Dhabi Global Market Firm, a Nominee Company controlled by the Authorised Person; and
    (iv) includes the words "Client Account" in its title.
    (b) An Authorised Person: 
    (i) must hold Client Money in a Client Account, a Designated Client Account or a Designated Client Fund Account. Rule 14.2.5 applies to each type of Client Account; and
    (ii) conducting Payment Services must hold Relevant Money in a Client Account.
    (c) An Authorised Person must maintain a master list of all Client Accounts. The master list must detail:
    (i) the name of the account;
    (ii) the account number;
    (iii) the location of the account;
    (iv) the banker or custodian, its address and contact information;
    (v) the account terms and conditions;
    (vi) whether the account is currently open or closed; and
    (vii) the date of opening or closure.
    (d) The details of the master list must be documented and maintained for at least six years following the closure of an account.

    • Guidance

      1. An Authorised Person holds all Client Money or Relevant Money, as applicable in Client Accounts for its Clients as part of a common pool of money so those particular Clients or Payment Service Users, as applicable, do not have a claim against a specific sum in a specific account; they only have a pro rata claim to the Client Money or Relevant Money, as applicable, in general to which a particular Statutory Trust relates, as one of the beneficiaries of such Statutory Trust. The purpose of controlling or holding Client Money or Relevant Money, as applicable, in a Client Account is to ensure that Money belonging to Clients or Payment Service Users, as applicable is segregated and readily identifiable from Money belonging to the Authorised Person, such that, following a Pooling Event, Clients or Payment Service Users, as applicable, will have a joint property interest in the Client Money or Relevant Money, as applicable, in proportion to each Client's or Payment Service Users’ entitlement in the Statutory Trust.
      2. Alternatively, an Authorised Person may hold or control Client Money belonging to a Client in a Client Account constituting a Statutory Trust solely for that Client i.e. a Designated Client Account or Designated Client Fund Account. An Authorised Person holds Client Money in Designated Client Accounts or Designated Client Fund Accounts for those Clients that requested their Client Money be part of a specific pool of money, so those particular Clients have a property interest in relation to a specific sum in a specific account constituting a Statutory Trust; they do not have a claim to the Client Money even if a Primary Pooling Event occurs (as described in Rule 14.4.2).
      3. A Designated Client Fund Account may be used for a Client only where that Client has consented to the use of that account and all other Designated Client Fund accounts which may be pooled with it. For example, a Client who consents to the use of bank A and bank B should have Client Money related to it held in a different Designated Client Fund account at bank B from a Client who has consented to the use of banks B and C.
      4. A Primary Pooling Event triggers a notional pooling of all the Client Money related to each Statutory Trust. The obligation to distribute Client Money or Relevant Money, as applicable, following a Pooling Event is described in the Client Money Distribution Rules.