ISA/JISA Terms & Conditions (Seccl Custody Ltd)
These ISA Terms apply to the Stocks & Shares or Junior ISA (Individual Savings Account) that you have with the ISP and are supplementary to any terms you have with them. References in this document to the Seccl ISA also include the Junior ISA, unless stated otherwise.
In the event of any conflict between these ISA Terms and any other Terms, the ISA Terms will apply.
1.1 These ISA Terms become effective and govern the relationship between you and Seccl Custody Limited (SCL) as your ISA Manager following receipt of your subscription.
2. Your ISA
2.1 Your ISA is either a stocks and shares or junior ISA (the “ISA”). 2.2 Your stocks and shares or junior ISA is subject to the Individual Savings Account Regulations 1998 (“ISA Regulations”) and, in the event of any inconsistencies between the ISA Regulations and these ISA Terms, the ISA Regulations will prevail.
3. About your ISA manager
3.1 SCL will act as the ISA Manager in respect of your ISA. SCL is approved by HM Revenue & Customs for these purposes. 3.2 SCL will manage your ISA in line with the ISA Regulations. 3.3 SCL does not provide any investment advice to you in relation to the investments you wish to hold in your ISA. All investment decisions that you take in respect of the investments that you wish to hold in your ISA will be yours or those of the ISP where you have authorised the ISP to take such decisions on your behalf.
4.1 In order to open a Stocks and Shares ISA, you must satisfy the requirements set out in the ISA Regulations. Generally, you can open and maintain an ISA account if you are an individual of 18 years or over, you are resident in the UK, and you are a UK taxpayer. 4.2 A parent or legal guardian may open a Junior ISA for a child under 18 who is resident in the UK and is not already the beneficiary of a Child Trust Fund or Stocks and Shares Junior ISA. The person who opens the Junior ISA will be the “registered contact” for legal purposes and will be responsible for making the investment decisions and managing the account until the child reaches 18 and the Junior ISA converts into an ISA. At that time the former child beneficiary becomes entitled to manage the investments as the holder of the ISA.
5. ISA investments
5.1 You may hold such investments in your ISA as are permitted under the ISA Regulations. Eligible investments may for example include certain UK and overseas equities, a range of UK gilts and fixed interest securities and a range of shares or units in unit trusts, open-ended investment companies and investment trusts. If any investment in your ISA is or becomes ineligible, you must sell or transfer it out. SCL reserves the right to sell or transfer such investment on your behalf if you fail to do so within 30 days of SCL notifying you. 5.2 Once the ISA subscription limit for a tax year has been reached (taking into account all permitted ISA types that you may hold) and subject to paragraph 5.3 below, you may not make any further subscriptions into your ISA or any other ISA in the same tax year. 5.3 As your Stocks and Share ISA is a flexible ISA, you may replace (in whole or part) a previous withdrawal from your ISA with a replacement subscription to that ISA in the same tax year. 5.4 The Junior ISA allows you to invest separately on behalf of a child, subject to a lower annual subscription limit. When the child for whom a Junior ISA is opened reaches age 18, it automatically converts into a Seccl Stock & Shares ISA held in their own name.
6. Withdrawals & flexible ISA
6.1 If you wish to withdraw any cash or investments from your Stocks and Shares ISA, you (or the ISP on your behalf) must provide the SCL with written instructions. SCL will, subject to the ISA Regulations, transfer all or part of the investments and any proceeds arising from those investments to you. 6.2 The Stocks & Shares ISA is a Flexible ISA. This means that any withdrawals will be deducted from that years annual ISA allowance, enabling them to be reinvested later in the tax year. 6.3 Flexible withdrawals are not permitted via the Juinior ISA.
7.1 You may transfer an existing ISA from a different ISA manager to SCL and, subject to the ISA Regulations, SCL may in its sole discretion decide to accept such transfer provided the investments can be held in a SCL ISA. 7.2 You may request SCL to transfer your ISA from SCL to a different ISA manager and, subject to the ISA Regulations, SCL will effect such transfer provided the other ISA manager has given its consent. SCL will effect such transfer within a reasonable time needed to implement your transfer instructions which should not take longer than 30 days from the date your instructions were received by SCL. SCL does not currently facilitate the partial transfers of ISAs. 7.3 You (or the ISP on your behalf) will be required to complete the relevant transfer application form and provide SCL and the other ISA manager with your instructions in writing. 7.4 SCL will effect the transfer within such time as stipulated in your instructions, subject to any reasonable business period required by SCL to implement your instructions which should not take longer than 30 days from the date your instructions were received by SCL. Junior ISAs must always be fully transferred.
8. Ending your ISA
8.1 Subject to the ISA Regulations, you may end your Stock and Shares ISA at any time by giving SCL by withdrawing your funds. In that case, SCL will liquidate the investments in your ISA and transfer the proceeds to you. Alternatively, and subject to the ISA Regulations, SCL may re-register the investment in your name or transfer them to another non-ISA account. 8.2 SCL may terminate your ISA if it has ceased or will cease to comply with the ISA Regulations and becomes void. SCL will notify you of these circumstances and must inform HM Revenue & Customs accordingly. When your ISA becomes void, you may lose part or all of your tax exemption relating to the ISA. 8.3 Withdrawals may not be made from a Junior ISA until the child reaches the age of 18 and becomes the account holder (except in the event of their terminal illness or death). 8.4 SCL may terminate its services as your ISA Manager by giving you 30 days written notice. 8.5 In the event of termination:- 8.5.1 SCL is entitled to deduct any such amounts as it is permitted or required to deduct under the ISA Regulation, these ISA Terms or the Client Agreement; and 8.5.2 these ISA Terms will continue to apply to your ISA until all transactions or transfers have been effected and relevant payments made.
9. Your investments & assets
9.1 In accordance with the ISA Regulations, SCL will register the investments held in your ISA in the name of one of its nominees; beneficial ownership of these investments will stay with you. 9.2 SCL will provide custody in respect of your investments and assets and SCL will hold any cash belonging to you as further described in Clause 2 and 3 respectively in the General Terms of this Client Agreement.
10.1 Subject to the ISA Regulations, SCL may delegate any of its functions under these ISA Terms to another organisation which SCL, exercising due skill, care and diligence, has determined as being competent to exercise such functions. 10.2 Where SCL decides to delegate its functions, you consent to SCL providing that organisation with such information about you and your ISA as that organisation may reasonably require for the purposes of exercising the delegated functions