Esencialmente indican el enlace para ver el saldo de la cuenta de trading y prestar la conformidad si procede. Además, informan de que la reclamación de los fondos puede hacerse al FSCS o a Alpari, como cada uno desee.
Dear Client,
This email contains
important information regarding the process for agreeing your claim(s)
against Alpari (UK) Limited (in special administration) (the "Company") via the Claims Portal which has been created
for this purpose.
The Claims Portal is
now available to you and you will be able to access it using your
existing log in username and password for the original ‘My Alpari’
portal. If you did not have a log in for ‘My Alpari’,
you will be able to register using the email address to which this email
has been sent.
Please ensure that you have read and understood the content of the email below prior to accessing the Claims Portal.
The Claims Portal can be found at https://www.alpariadministration.com.
BACKGROUND
You are a client of the
Company. Richard Heis, Samantha Bewick and Mark Firmin were appointed
joint special administrators (the "Joint Special Administrators") of the Company by the High Court at 14.45
GMT on 19 January 2015. You can view the formal notice of appointment on the Joint Special Administrators’ website at http://www.kpmg.com/uk/alpari.
This email sets out
certain information regarding your client money claim as a client of the
Company. How client money will be returned to you by the Company is
governed by the Financial Conduct Authority’s
(the "FCA") Client Assets sourcebook (referred to as the "CASS Rules")
which can be found in the FCA's Handbook. Accordingly, some of the
terms used in this email have special meanings. If you do not
understand any aspect of this email or if
you have any questions, you should contact the Joint Special
Administrators by emailing alpariukclaims@kpmg.co.uk
or consult your own legal and other professional advisors for advice in relation to your client money claim.
Under the CASS Rules,
client money which was held by the Company was separated from the
Company's own money and was held on trust by the Company for the benefit
of its clients. When the Joint Special Administrators
were appointed, this client money was put into a pool of client money,
called the "Client Money Pool". To the extent that the Company held any client money on your behalf, it is now held in the Client Money Pool.
SUMMARY
This email contains information about the following:
- Your entitlement to receive money from the Company.
- The amount of your claims.
- What you need to do now – how to view and agree your account balance(s) and the value of your claims.
- Summary of the process for agreeing your claims.
- More about the FSCS.
- How to proceed from here.
YOUR ENTITLEMENT TO MONEY FROM THE COMPANY
Following a comprehensive review process, the Joint Special Administrators have confirmed your client account balances.
In order to facilitate
the return of your client money as quickly as possible, the Joint
Special Administrators need to agree the value of your claims arising
out of your Client Agreement against the Company.
As part of this, the Joint Special Administrators will also need to
settle those claims, which will include your "Client Money Entitlement"
and your "Contractual Claim Amount" (which we explain further below).
THE AMOUNT OF YOUR CLAIMS
There are two amounts which the Joint Special Administrators wish to agree with you. These are:
1. Your "Client Money Entitlement".
This is the sum which will be used by the Joint Special Administrators
as the basis to calculate how much client money from the Client Money
Pool will
ultimately be returned to you and is based on your client account
balances, as explained further below. The funds in the Client Money
Pool will in due course be distributed to clients so that you receive an
amount which is proportional to your Client Money
Entitlement. The Joint Special Administrators are not currently able to
confirm whether there will be sufficient funds in the Client Money Pool
to pay out your Client Money Entitlement in full.
2. Your "Contractual Claim Amount". In
parallel to your Client Money Entitlement, you have a contractual
claim, which is an unsecured contractual claim against the general
estate of the Company.
This will also be based on your client account balances, as explained further below.
Note that any amount
which you recover from the Client Money Pool under your Client Money
Entitlement will reduce the value of your Contractual Claim Amount by an
equivalent amount. As a result, you cannot
recover both the full amount of your Client Money Entitlement and the
full amount of your Contractual Claim Amount.
WHAT YOU NEED TO DO NOW
1. Log in to the Claims Portal
The Joint Special Administrators have created a Claims Portal at https://www.alpariadministration.com.
You can use your existing log in username and password for the original
"MyAlpari" portal. You will be given an opportunity to update your
details once you have logged in.
2. Agree or dispute your account balances
The Claims Portal will
show you the balance of each of your client accounts as determined by
the Joint Special Administrators as at 19 January 2015, being the date
the Company went into Special Administration.
You will also be able to view your account statement(s). The Joint
Special Administrators consider that these balances accurately reflect
the correct position of your accounts following their comprehensive
review.
The account balances
take into account your trades and any commissions, charges or other
costs for which you are liable under your Client Agreement with the
Company.
You can either agree or dispute the balances of each of your client accounts:
- Agree your balances: If you agree to the balances of your
client accounts, then you are also able to agree your Client Money
Entitlement and your Contractual Claim Amount.
- Raising a dispute: If you dispute the balance of any of your client accounts, or believe you have other balances which should be aggregated in your claim amount in addition to those shown, you will need to provide the Joint Special Administrators with your reasoning and/or upload copies of supporting documents to the Claims Portal. The Joint Special Administrators will acknowledge your dispute, review the reasons and supporting documents you have provided and in due course send you an email to notify you of the outcome of their investigations. If you raise a dispute, you will not be able to agree your claim amount until the dispute is settled.
3. Agreeing your claim amounts
Once you have agreed
your client balances, the next step is to agree the amount of your
Client Money Entitlement and your Contractual Claim Amount.
Your Client Money Entitlement.
In order to calculate your Client Money Entitlement, the Joint Special
Administrators are required by law to convert each of your account
balances
into a common currency. The Joint Special Administrators have
determined that this common currency will be USD. There is a legally
specified rate at which your account balances must be converted into USD
to calculate your Client Money Entitlement.
This is the spot rate for the conversion of relevant currencies into USD
prevailing at the time of the appointment of the Joint Special
Administrators, which was 14.45 GMT on 19 January 2015.
The Joint Special Administrators will then, if necessary, aggregate the USD equivalent of each
of
your account balances to give a single USD figure, which is your Client
Money Entitlement. Any amount distributed to you by the Joint Special
Administrators in respect of your Client Money Entitlement will be paid
in USD.
Your Contractual Claim Amount. In
order to calculate your Contractual Claim Amount, the Joint Special
Administrators are required by law to convert each of your account
balances into sterling.
There is a legally specified rate at which your account balances must be
converted into sterling for the purpose of calculating your claims in
the general estate of the Company. This is the mean of the buying and
selling spot rates prevailing in the London
market as published at the close of business on 19 January 2015.
The Joint Special
Administrators will then, if necessary, aggregate the sterling
conversion of each of your account balances to give a single sterling
figure, which is your Contractual Claim Amount. Any amount
distributed to you by the Joint Special Administrators in respect of
your Contractual Claim Amount will be paid in sterling
Note that the
currency of the Contractual Claim Amount (sterling) differs from that of
the Client Money Entitlement (USD) and the timing of the conversion
rates for these amounts also differs.
To agree the amount of
your Client Money Entitlement and your Contractual Claim Amount you will
need to agree to the terms and conditions of settlement of claims on
the Claims Portal. Please be aware that
if you choose to agree to the terms and conditions of settlement of claims you are entering into a legally binding contract.
4. Decide whether to make a claim on the FSCS
Once you have agreed the amounts of your claims, you have two options:
- Make a claim for compensation from the Financial Services Compensation Scheme (the FSCS).
For eligible claims, the FSCS can pay up to £50,000 in compensation per
person. In exchange for this payment, you must assign all your claims
arising out
of your Client Agreement against the Company to the FSCS. More
information about the FSCS is set out below. The amount of the claim
for which you should seek compensation should be whichever is the
greater of your Client Money Entitlement or your Contractual
Claim Amount (if they are different).
- Retain your claim against the Company. If you do not wish to claim compensation and assign your claims arising out of your Client Agreement to the FSCS, you will be entitled to receive directly any distributions which may be made from the Client Money Pool in respect of your Client Money Entitlement and any distributions which may be made from the general estate in respect of your Contractual Claim Amount. The Joint Special Administrators have not currently declared any distributions; it may take some time for any to be made; and you may not receive distributions for the full amount of your Client Money Entitlement or Contractual Claim Amount. Seeking compensation from the FSCS is likely to result in you receiving your money more quickly than by retaining your claim against the Company.
You will be asked on
the Claims Portal to indicate whether you intend to make a claim on the
FSCS. Applying to the FSCS is a separate and parallel process. The Claims Portal does not allow you to apply directly
for compensation from the FSCS. Should you indicate that you wish to assign your claims arising out of your Client Agreement to the FSCS, they will contact you in due course. You do not need to contact them.
If you indicate to the
Joint Special Administrators that you wish to retain your claim arising
out of your Client Agreement against the Company instead of claiming
from the FSCS, you will be asked to provide
your bank account details to the Joint Special Administrators so that in
due course they can make payments to you in respect of your claims.
5. Waive your claims
If you decide that you
do not wish to make any claim for your Client Money Entitlement or your
Contractual Claim Amount, you are able to waive your right to make these
claims on the Claims Portal.
Please note that by
agreeing to waive your claim you accept that you will receive no
distributions and no longer wish to receive any further communications
from the Company or the Joint Special Administrators.
SUMMARY OF PROCESS FOR AGREEING YOUR CLAIMS
A summary of the
process for agreeing your Client Money Entitlement and your Contractual
Claim Amount is outlined in the Claims Workflow diagram below:
MORE ABOUT THE FSCS
As you may be aware,
the FSCS is the compensation fund of last resort for customers of
financial services firms authorised in the United Kingdom. It protects
consumers if an authorised firm, like the Company,
becomes insolvent and cannot return money or investments to its
customers. It describes this as "being in default". For eligible
claims the FSCS can pay up to £50,000 in compensation per person. In
exchange for this payment, you must assign your claims against
the Company arising out of your Client Agreement to the FSCS. If you
would like more information about the FSCS, you should visit their
website at http://www.fscs.org.uk.
If you intend to apply
for compensation from the FSCS, you should note that the FSCS will only
make payments to you in accordance with its rules and if the value of
the claims described above have first been
agreed in full by the Joint Special Administrators. This means that
if you intend to apply to the FSCS you still must agree the amount of
these claims with the Joint Special Administrators.
Note that your claim
on the FSCS requires the assignment of all claims you may have against
the Company which arise out of your Client Agreement. Therefore, if you
believe you have any outstanding balances
which are not displayed on the Claims Portal but need to be aggregated
into the amount of those claims, you must notify the Joint Special
Administrators. You can do this either by raising a dispute, as referred
to above, or emailing the Company at alpariukclaims@kpmg.co.uk.
If your total eligible claim against the Company is valued in excess of
£50,000 and accepted by the FSCS, it will pay the maximum compensation
of £50,000 to you. The FSCS will then pass on to you any subsequent
dividend payments or other distributed amounts
the FSCS receive until such time (should it occur) that your total claim
against the Company is satisfied in full. Thereafter the FSCS would
recover any additional amounts itself to offset the cost of the £50,000
compensation paid to you.
HOW TO PROCEED FROM HERE
Please visit the Claims Portal at https://www.alpariadministration.com.
FURTHER INFORMATION
If you do not
understand any of the information in this email, if you have any
questions, or if you think you have received this email in error, you
can contact the Joint Special Administrators by emailing alpariukclaims@kpmg.co.uk.
Frequently asked
questions and answers, including those which relate to the Claims
Portal, are available on the Joint Special Administrators' website at http://www.kpmg.com/uk/alpari.
While every reasonable
effort is made to ensure that the information provided in this email
concerning the Company and the Joint Special Administrators is accurate,
no guarantees for the accuracy of the information
are made. This information in this email is provided ‘as is’. It is
provided without any representation or endorsement made and without
warranty of any kind, whether express or implied.
Please be aware that
the Company, the Joint Special Administrators and KPMG LLP, hereby
exclude all liability for any claim, loss, demands or damages of any
kind whatsoever (whether such claims, loss, demands
or damages were foreseeable, known or otherwise) arising out of or in
connection with the use of this email or the information, content or
materials included in this email, including without limitation, indirect
or consequential loss or damage, loss of actual
or anticipated profits, loss of revenue, loss of business, loss of
opportunity, loss of anticipated savings, loss of goodwill or loss of
reputation. Nothing in this disclaimer excludes or limits the Company's,
the Joint Special Administrators' or KPMG LLP's
liability for fraud or fraudulent misrepresentation or any liability
which may not be limited or excluded by law.
In accordance with Rule
296 of the Investment Bank Special Administration (England and Wales)
Rules 2011, you may request a hard copy of this email and any
attachments by emailing alpariukclaims@kpmg.co.uk,
by request to the following address: Alpari (UK) Limited (in special administration), 8 Salisbury Square, London, EC4Y 8BB..
Please note that all
correspondence from the Joint Special Administrators will be in English,
as per clause 23.5 of the Alpari (UK) Limited Client Agreement.
This email, and any
dispute or claim arising out of or in connection with it or its subject
matter (including related non-contractual disputes or claims), shall be
governed by and construed in accordance with
the law of England.
Kind regards
For Alpari (UK) Limited
For Alpari (UK) Limited
Richard Heis
Joint Special Administrator
Joint Special Administrator
Mark
Granville Firmin, Richard Heis and Samantha Rae Bewick were appointed
as Joint Special Administrators of Alpari (UK) Limited on 19 January
2015.
The
affairs, business and property of Alpari (UK) Limited are being managed
by the Joint Special Administrators who contract as agents of Alpari
(UK)
Limited without personal liability.
Mark
Granville Firmin, Richard Heis and Samantha Rae Bewick are authorised
to act as insolvency practitioners by the Institute of Chartered
Accountants
in England and Wales.
Alpari
(UK) Limited is authorised and regulated by the Financial Conduct
Authority. FCA reference number 448002. Registered in England No.
05284142.
Registered Office: 8 Salisbury Square, London, EC4Y 8BB.