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Campbell O'Connor & Co. is a member of the Irish Stock Exchange and a member of the London Stock Exchange and is authorised by the Financial Regulator under the Stock Exchange Act, 1995.




Please read our Terms of Business and agree below to enter the site.




Take time to read and understand this document as it forms the basis of your contractual relationship with us.

 

 

 





 

 

Financial Regulator refers to the Irish Financial Regulator in this document.

As stockbrokers, we are regulated by the Irish Financial Regulator and are contributors to the Irish Investors Compensation Fund.

What do I need to know BEFORE dealing with Campbell O'Connor & Co;

Our obligations to you?

We sit in the middle (as agent) of a share transaction between the client and the market. We are duty bound to look after your best interests. Our job dealing for an “ Execution Only client ”, is to execute , settle , and if requested, to hold your stock.

•  To execute your transaction, we are required to have access to relevant stock markets. Membership of certain stock exchanges allows us to directly deal on those markets. Otherwise, we use appropriate agents. Currently we hold membership of the Irish and London Stock Exchanges, and use agents for European, US, and Canadian markets.

•  To settle your transaction, we must have the required systems in place to ensure that your transaction settles in the appropriate manner. Settlement involves a cash side and a stock side.

•  To hold your stock, if so requested, we have a nominee service, or safe custody service available .

•  To record all conversations, and hold other notices exchanged between us, in order that any misunderstanding between us can be fairly resolved under the rules of the Irish Stock Exchange.

In addition, for an “ Advisory Client ” ” we are required to,

•  Ensure that any advice given to you is suitable for your requirements based on your financial position, investment objective, and experience as regards the services requested, which you will give to us on your Know Your Client form.

Your obligations to us?

As an “ Execution Only client ” we require you to;

•  Be clear that “Execution Only” is the service you require, and understand that no advice will given to you with this type of account. You will make, and be responsible for all investment decisions.

•  Have delivered Money Laundering, Client Registration, and any other necessary forms to our office.

•  Give clear instructions to us as to what you want executed.

•  Be in a position to deliver cash or ” good title ” to securities (whichever is appropriate for the transaction).

•  As a new client we require cleared funds in advance of buying stock. Thereafter your cash account is expected to be in credit at all times by Settlement Day ,

In addition, for an “ Advisory Client ” ” we require you to,

•  Ensure that any change in circumstances as previously outlined to us is notified to us before you commence your next transaction.

Regarding holding shares?

Shares or securities can be held in certificated (materialised) or non certificated ( dematerialised) form.

  Certificated (materialised) – a certificate is issued by the company's registrar to confirm you are the legal and beneficial owner of a certain quantity of shares. Nowadays, a CREST Transfer or SDRN form is printed on the back of the certificate, and this must be signed by the shareholder when selling shares in order to allow the ownership of stock to transfer to the new owner. This type of holding will be extinguised probably by 2007.

(Non certificated) Dematerialised – stock is held either under the legal and beneficial ownership of the client (via a Crest Personal Member Account (PMA)), or beneficially held on behalf of the client (via a broker's nominee, or a third party safe custody institution). After 2007 stock will be held under a SRN (Shareholder Registration Number ) system, where each company will issue you a unique number and issue a printed statement each time there is movement on your account.

CREST Personal Member Account (PMA)

Campbell O'Connor & Co. offers clients the facility to hold their CREST eligible securities in a CREST Personal Member Account through Euroclear Crestco. Clients hold their stock in dematerialised electronic format in these accounts, as against holding stock in paper form. The benefits of such accounts are:

•  Your name appears on the company's share register.

•  The Legal & Beneficial ownership of securities is vested with you.

•  Direct receipt of Annual Reports and dividends to your registered address.

•  Direct receipt of corporate event information to your registered address.

•  Reduced settlement times for trades, increasing your flexibility when trading, and eliminating settlement fines.

•  No certificates to lose, thereby eliminating the costly and time wasting exercise of replacing lost certificates and the potential losses from late settlement.

•  Post 2007, if you have stocks in a number of companies you will have multiple SRNs and a large amount of paper statements. The PMA will mean one consolidated holding, thus easing the administration of your holdings.

An investor's rights arising from an electronic shareholding of Crest eligible securities are identical to the rights of a paper-based investor.

An investor's name will still appear on the company register of shareholders as proof of ownership.

An investor will still have a direct relationship with the company whose shares they hold, and they will continue to receive dividend payments, company annual reports and any shareholder perks directly from the company.

An investor does not have to hold all of their shares in CREST and can keep some holdings in certificated form if they prefer. They can readily convert shares back into certificated form from a Crest PMA if they so wish, upto 2007.

The charge for a Crest PMA is displayed on the Charges schedule on our website, www.camocon.ie

Application forms for a Crest PMA are available from our office, or online at www.camocon.ie

NOMINEE SERVICE:

In order to use our Nominee Seervice you must complete and sign our Form SC1.

We operate a Designated Nominee Account service for clients. Each client has a unique designation within the Nominee Account. This service allows the directors of the Nominee Company to execute the transfer of shares in and out of the Nominee Account, on behalf of our clients. It saves clients the problem of having to sign and return transfers and having to organise the safecustody of share certificates. We charge per stock held under your designation per annum. We will confirm your holdings as per the safe custody regulations issued by the Financial Regulator.

The legal ownership of the stock remains with the nominee company, but the beneficial ownership resides with the investor.

Because our Nominee is a designated account, where companies offer to forward correspondence by email, we will pass on your email details if you so request.

The charge for a Nominee service is displayed on the Charges schedule on our website www.camocon.ie .

 

Regarding the products & services provided by us to you?

We will provide dealing services and safe custody in the following investments to you -

  • shares in Irish or UK , Canadian, or US companies, and certain European stocks
  • debenture stock, loan stock, bonds, notes, certificates of deposit, commercial paper or other debt instruments, including government, public agency, municipal and corporate issues.
  • warrants to subscribe for investments falling within (i) or (ii)
  • depository receipts or other types of instrument relating to investments falling within (i), (ii), or (iii) above,
  • unit trusts, mutual funds and similar schemes,
  • Covered Warrants,
  • any other investment instruments at the discretion of the partners

In respect of deals executed on your behalf we may enter into transactions with you as a principal and not act on your behalf as agent, in order to facilitate your trade. Your contract note will state the capacity in which we dealt.

All orders are dealt on a first come first served basis in order to ensure equal treatment.

The partners reserve the right to apply dealing restrictions whenever appropriate.

Advisory accounts will only be opened if we have received a Know your Client form from you. The information contained therein must be kept up to date at all times.

Regarding who can give an order?

Our Client Registration form has a section called a “Nomination Form” whereby you can nominate who may issue instructions over your account. If this section is left blank, we will accept orders from any of those individuals in who's name the stock has been registered.

Regarding the Types of orders to be given?

You may place two types of orders ;

•  You may instruct us to buy or sell at a given price – we will not buy above this price, or sell below this price. This is referred to as a “ limit order ”. Your order is entered into a queue for dealing. In the event that you decide to alter your order in any way, your order will be placed at the bottom of all other similar priced instructions already in the market.

•  You may instruct us to deal ” at market ” – we will deal immediately at the prevailing market price.

Company announcements ; Dealing in securities within 24 hours prior to, or after an announcement, from the company whose securities are to be dealt, is totally at your own risk, as new information from outside the market, may unduly influence the market price of the share.

Regarding how to give an order?

Orders may be given to us by visitation , or by phone . These orders will be accepted immediately .

Orders may be transmitted by letter , fax , or e-mail, but will only be accepted upon being read at our office .

Orders are deemed valid for 90 days unless we are instructed otherwise.

  You should quote your account number with us when placing an order.

Clearly state whether you wish to buy or sell, followed by the quantity and name of the stock you wish to deal.

Your telephone calls are recorded to protect all parties in the event of error.

Regarding the Dealing process?

International Stock Exchanges deal primarily on a Trade + 3 business days settlement cycle, referred to as (T + 3).

In order to be able to meet your cash obligations for purchases on Settlement day, we require cleared funds in your account prior to Purchases being executed for normal settlement.

•  In order to meet your settlement obligations for certificated sales on Settlement day, we require a valid certificate together with a correctly signed Crest transfer form to be in our office whereupon we will deal T + 3.

•  Otherwise, we will deal extended settlement T + 10 days in order to facilitate timely settlement of your transaction.

•  Dematerialised sales will be dealt on a T+ 3 basis.

Regarding the complaints procedures?

In the event of you being dissatisfied with our handling of your instructions there is a complaints process in place internally within the firm. Correspondence should be addressed to the Compliance Officer, Campbell O'Connor & Co..

In the event that this does not prove satisfactory, your complaint should be addressed to;

The Financial Services Ombudsman, WWW .financialombudsman.ie . A standard complaint form is available on this website. The finding of the Financial Services Ombudsman is binding on the complainant and any other party to the complaint.

Regarding the detailed Dealing arrangements?

BUYING:

When we purchase your Shares, we will send you a contract note, setting out

Stock name, Quantity dealt,

Stock price, Stamp duty, Commission, PTM levy, if applicable.

Dealing date & time, and settlement date.

Registration details

When you place an order to purchase shares, it is important to give the correct name and address that you want to appear on the share register as we cannot make changes after the settlement date. Company Registrars will charge a fee to make an alteration on a share register once it has been registered.

Share certificates: Company Registrars may take up to four weeks to issue share certificates if requested to do so. When we send you your share certificates, we also enclose a receipt, which must be signed by you, and returned to us. Share certificates should be kept in a safe place, as they will have to be surrendered when you finally sell the shares. If the certificates are lost, you will have to pay Insurance fees, Registrar fees and our fees to get a duplicate.

SELLING:

When we sell your Shares, we will send you a contract note, setting out

Stock name, Quantity dealt,

Stock price, Commission,PTM levy, if applicable.

Dealing date & time, Settlement date,

Registration details of the selling account.

When you are placing a certificated sale order through us, it is important that you clearly identify the owners of the shares, eg single or joint holding. For certificated sales, we need a Crest transfer form signed by the registered holders exactly as they are described on the Certificate. The transfer and corresponding Certificate must be in our office before we execute your certificated trade, for normal settlement. In the case of a company, the transfer form must be sealed, and signed by two directors, stating their capacity.

Certificated stock correctly delivered to our office, or stock held in our nominee account, a safe custody account, or a CREST PMA can be sold T + 3, otherwise we will deal T + 10 days.

Regarding the costs of Dealing, Safe Custody & other fees ?

 

The full details of all current charges are available on our website www.camocon.ie

The charges shown below reflect sample fee levels and may be subject to change .

-1. COMMISSION :

Commission is charged on a sliding scale on the gross consideration per contract, i.e. quantity of shares by price per share.

Our commission rates for equity trades are:

Gross Consideration

From €0

up to €8,888

From €8,888.01

To €19,047

From €19,047.01

onwards

 

1.5%

.55%

.5%

Minimum Commission

€25.40 or

GBP£20

 

 

When dealing in shares not dealt on the Irish or London Stock Exchanges, you will also have to pay an agent's commission fee; Our agent's commissions are approximately .5%, subject to a US$50 minimum commission, on top of our normal commission, per deal to cover their dealing and initial safe custody fees. We issue our contract notes for agent trades on a net basis to include these commissions. The gross prices are available on request.

- 2. STAMP DUTY :

There is a 1% Stamp Duty on the purchase of Irish Registered Shares or

a 0.5% Stamp Duty on the purchase of UK Registered Shares.

 

- 3. PTM Levy

There is a small levy of €1 .27 on Irish stocks over €10,000 in value

Or £1 on Sterling stocks over £10,000 in value

To fund the Takeover Panel in both countries.

What do I need to know AFTER dealing with Campbell O'Connor & Co?

Regarding the settlement of a transaction ?

All contracts bear a settlement date.

Purchase settlements should allow for cleared funds to reach our account by the intended settlement date shown on your contract note. In the event of late payment, interest may be charged on the outstanding amount. We suggest that funds in your account when giving the instruction to deal is the best way of ensuring clean settlement.

Note: Credit Card, Cash or Third Party cheques will not be accepted as a means of settling an account.

Sale settlements take place on the intended settlement date, provided that we have received good delivery of stock, on a timely basis from you. We will dispatch a cheque to you on settlement day. In the event of late delivery, CREST (the name given to the Settlement System), automatically fines brokers for the late settlement of trades. These fines will be passed onto clients – the rates are displayed on the Charges schedule on our website. We will pay clients when their trade settles through CREST or the relevant settlement system.

Tell me about the Regulatory issues ?

Instructions:

We will act on instructions where we reasonably believe these to be given by you or the person(s) listed on your Nomination Form (if any).

Where written instructions are subsequently received which differ from the oral/telephone instructions previously given, we will carry out the written instructions as and from the date of their receipt, and we will have no liability for any losses, actions or other liabilities from theor oral/telephone instructions.

Our records with respect to the content of any instructions will be binding and conclusive. All phone calls are recorded in and out of our office.

Registration and Recording of Registrable and Non Registrable Investment Instruments . (Financial Regulator, Client Money 17.1)

We are required to arrange the registration, where applicable, of all securities or unit trusts arranged through us and we will, in the absence of instructions to the contrary, register them (except for bearer stocks) in your name or your Crest PMA account, or, subject to your agreement, in a safe custody account operated in accordance with the requirements of the Financial Regulator provided the necessary forms have been completed.

Alternatively, you may instruct registration in the name of another party and must advise us of that party's name when placing your order. In the event of such nomination please provide below the name(s) of the nominee(s) on the Nomination Form .

Safe Custody Agreements :

(Financial Regulator, Client Money 16.1 & 16.2 ) We are required to obtain your prior written consent for the safe keeping of assets and the arrangements for the giving and receiving of instructions and as such we may only take instructions from you unless you wish to nominate another person(s). In the event of such nomination, please provide details on the Nomination Form (on the client Registration form), of the person(s) authorised to give instructions on your behalf. Should a lien be granted to a third party, a new Nomination From must be submited to us.

Please notify us of any limitations which may apply to such instructions.

Written and oral instructions will only be accepted from the above mentioned person(s) and unless otherwise notified by you, we will assume that written instructions signed by the person(s) listed above are valid.

(Financial Regulator, Client Money 3.1 ) We require your written consent before assets are passed to relevant parties or eligible custodians outside Ireland , as in the event of default, client assets may be treated differently from the position which would apply if the assets were held in Ireland .

(Financial Regulator, Client Money 3.2 ) While the firm is obliged to ensure that the relevant party or eligible custodian selected to hold client assets is reputable, the firms accepts no liability in the event of a default of one or more of the parties concerned.

The custodian may hold your assets in pooled accounts rather than in separately designated accounts. This means that your assets may be held in an account with other client's assets. However custodians who operate pooled accounts are required to maintain detailed records of the assets held and are required to send a statement of holdings monthly to this firm which is then reconciled against our records.

(Financial Regulator, Client Money 5.1 ) We are required to reconcile with these accounts at least once a month .

Where it is necessary to hold your investments outside of Ireland we are obliged to inform you of the following;

•  (Financial Regulator, Client Money 3.6 (a) ) That the legal regime applying to the relevant party or eligible custodian with whom assets are held may be different to that of Ireland and that in the event of a default client assets may be treated differently from the position which would apply if the assets were held with a relevant party or eligible custodian in Ireland.

(Financial Regulator, Client Money 3.6 (b) ) That the regulatory regime applying to the relevant party or eligible custodian with whom the client asset account is held may be different to that of Ireland .

Custodian Agreements (Financial Regulator, Client Money 18)

•  Please note that certain investments may not be held directly by us but by one or more third parties (including clearing systems and overseas agents) such as banks. We operate these accounts under the Financial Regulator's rules.

•  Whilst we take a lot of care appointing our agents, we will not accept liability in the event of a default of one or more of the parties concerned, or their inability to carry out our instruction to them.

Registration and Recording of Registrable and Non Registrable Investment Instruments in our Nominee Account or with our Custodians.

(Financial Regulator, Client Money16 & 17)

We are required to obtain your written instruction if you wish to register your investment instruments in either this firm's nominee company (SC1)

or in the name of an eligible custodian or third party (SC2).

Our nominee company and safe custody accounts are operated under the regulations set out by The Financial Regulator of Ireland.

Registration

All stock will be registered in a company called Ashdale Investment Trust Services Ltd, who's directors are the partners of this firm, with a unique sub account identification. We retain legal ownership of your stock in order to administer your account, but not the beneficial ownership.

Dividends, interest payments

Any dividends or interest payments paid to shareholders by the company are automatically credited to the underlying owners.

Voting rights

Voting rights will not be exercised unless you so instruct.

All other rights

We will endeavour to contact you in a timely manner where decisions are required for, all other rights, including conversion rights, capital reorganisations, and takeovers. However, in the event that we cannot contact you, we will exercise the right that produces a cash alternative.

Subscription rights will not be taken up, unless we are instructed to do so. If we take up shares on your behalf you are required to have funds in place two days prior to payment day.

Company correspondence will not be sent to you by this office.

Money held on your behalf

All monies held on your behalf are held in a bank account separately designated from this firm's funds as required under The Financial Regulator's rules. This effectively segregates client funds from those of the firm. Your funds are held in an account with the funds of one or more clients known as a “ pooled client account ” and is specifically designated as a Client Money S52 Account.

(Financial Regulator, Client Money 2.4 ) Under the Client Money rules we are obliged to maintain underlying records detailing the breakdown of clients whose funds are held in pooled accounts.

(Financial Regulator, Client Money 5.1) ) We are obliged to reconcile our records of client funds held in pooled accounts against actual funds held on a daily basis. While this firm is obliged to ensure that the financial institutions selected to hold client funds are reputable, this firm accepts no liability in the event of a default by one or more of the financial institutions concerned. At present we hold client funds with the following financial institutions, Bank of Ireland, Anglo Irish Bank and Credit Suisse, BMO Nesbitt Burns or their agents.

Where your funds are denominated in a currency other than in Euro the account we open may be outside of Ireland . Where this is the case we are obliged to inform you of the following

•  That the legal regime applying to the financial institution with whom the funds are held may be different to that of Ireland and that in the event of a default of such an institution those assets may be treated differently from the position which would apply if the assets were held in a financial institution in Ireland

•  That the regulatory regime applying to the financial institution with whom the client account is held may be different to that of Ireland .

Statutory – nominee & safe custody facilities

Our nominee facilities and safe custody of client investment instruments are operated in accordance with the statutory requirements imposed by the Financial Regulator ( Ireland ) under Section 52 of the Stock Exchange Act, 1995.

Irish Stock Exchange Act 1995

http://www.irishstatutebook.ie/ZZA9Y1995.html

Investor's Compensation Fund

In accordance with the provisions of the Investor Compensation Act 1998, Campbell O'Connor & Co is a party to the Investor Compensation Fund administered by the Investor Compensation Company Ltd. The Act provides for compensation of up to ECU 20,000 or 90% of an eligible investor's net loss, whichever is the lesser.

Investor Compensation Bill 1998 http://www.finance.gov.ie/viewdoc.asp?fn=/documents/news/1998/may/mcc237.htm

 

Dividend Withholding Tax (DWT) will be deducted on all dividend payments, unless a DWT exemption has been sought and registered with the relevant company.

Encashment Tax – there is an onus on us to deduct this tax at the standard rate on all foreign dividends and interest payments. Exemption from this tax may be sought by you, from the Revenue Commissioners, if applicable to your circumstances.

Dealing in US STOCKS ?

In order to deal in US stocks you must sign our Form SC2 which allows for stock to be held outside of Ireland . Stock will be held by our agents at all times.

In addition, you must sign a W8-BEN form to allow non Americans to hold US stock. This form is available on the US IRS website . ( http://www.irs.gov/pub/irs-pdf/fw8ben.pdf ), or on our website www.camocon.ie .

Other issues ?

Foreign Exchange Policy:

In the event of cross currency trades, the following will apply, unless previously agreed;

USD & CND will be bought or sold by us on the day following trade execution,

GBP will be bought or sold by us on the intended settlement date or actual settlement date, unless the contract is to be issued in Euro, whereupon the rate on the day of issue will apply.

Stocks quoted in other currencies will be dealt converted to Euro, GBP, or USD as requested.

If specifically asked to do so, we will retain a settlement in the Sterling , US Dollars, Canadian Dollars, or Euro.

Interest on cash balances:

We do not pay interest on credit balances held in your account.

Stock Situations: – Where stock is in the course of settlement;

Dividends, interest payments

Any dividends or interest payments paid to shareholders by the company are automatically credited to the underlying owners. Any dividends due to the market on a transaction will be accordingly debited to your account.

Voting rights

Voting rights if applicable will not be exercised unless you so instruct.

All other rights

We will endeavour to contact you in a timely manner where decisions are required for corporate actions, all other rights, including conversion rights, capital reorganisations, and takeovers. However, in the event that we cannot contact you, we will exercise the right that produces a cash alternative. Mark et practices may protect you in certain circumstances, and these we have to automatically accept.

Subscription rights will not be taken up, unless we are instructed to do so, and funds are in place two days prior to payment day.

Postal service:

•  All correspondence from our office is sent by normal postal service.

•  We send bearer stock to our agents by Registered Post.

•  If specifically requested to do so, we will arrange a courier service, but at your expense.

•  We accept no responsibility for the safe delivery of postal or courier services.

Warrants:

We may deal warrants for clients, but as they are a riskier type of investment, we require that a Warrant and Options Agreement form be signed in order for this account to become operative .

Client Default:

In the event of default on settlement, we retain the right to close the bargains opened on your behalf, and to pursue for any loss incurred by ourselves.

  APCIMS:

We are active members of the Association of Private Client Investment Managers and Stockbrokers. This association aims to represent stockbroking firms who specialise in providing services for private investors. By extension, the association looks after the best interests of our clients.

  Applicable Law:

In the event of dispute these Terms of Business shall be interpreted under the laws of the Republic of Ireland .

NEW ACCOUNTS –

An “Execution Only” account requires
1.Money Laundering information
2. Client Registration form

An “Advisory” account requires
1.Money Laundering information
2. Client Registration form
3. Know Your Client form

1. Money Laundering

•  For a Personal Account

All clients are required to comply with the Criminal Justice Act 1994.

Under this Act we are obliged to request from you (One item from the A list and two items from the B list):-

 

A LIST

B LIST

must be issued within the last 3 months.

A certified copy of your current passport

A certified copy of your bank statement .

A certified copy of your current drivers licence

A certified copy of a credit card statement

 

 

A certified copy of a recent utility Bill . Addresses to your residence only please.

 

Certification of documents can be carried out by

A member of the Garda Siochana,
A Bank Manager,
A Building Society Manager,
A Stockbroker,
A Chartered or Certified Public Accountant,
A Notaries Public or Practicing Solicitors,
A manager with An Post, or Embassy/Consular Staff.

Cash in advance of dealing is required for your account by way of a cheque drawn on your personal bank account.

•  For a Company account

•  Money laundering information is required for at least two directors of the company, as for personal accounts above.

•  A certified copy of the Memorandum and Articles of Association of the company should be supplied to us so that these can be given to the Company's Registrar who will ask for them before registering stock into the Company name.

•  A Mandate authorising selected directors to transmit deals on behalf of the company should be supplied.

•  For a Probate account / Trustee account (including Club accounts)

•  An original copy of Probate or Trust deed should be sent to us.

•  Money Laundering information is required for at least two executors / trustees, but preferably all beneficiaries, as for personal accounts above.

•  A Mandate authorising selected executors / trustees to transmit deals on behalf of the deceased estate / trust.

2. Please click here for the Client Registration Form for completion

 

We look forward to doing business for you.

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