Berkeley Rutherford Innovative Finance ISA Terms and Conditions
These Terms and Conditions apply to the holding in an Innovative Finance ISA of bonds available through the Berkeley Rutherford website. The provisions of the Berkeley Rutherford Investor Terms and Conditions apply to the services provided by Berkeley Rutherford Limited in respect of bonds held within a Berkeley Rutherford Innovative Finance ISA in addition to these Terms and Conditions. In the event of conflict between these Terms and Conditions and the Berkeley Rutherford Investor Terms and Conditions, the provisions of these Innovative Finances ISA Terms and Conditions will prevail.
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 Share In Limited ("ShareIn") will be the manager of your Berkeley Rutherford Innovative Finance ISA. ShareIn will not facilitate the holding of investments within your Berkeley Rutherford Innovative Finance ISA pursuant to these Terms and Conditions other than bonds acquired through the Berkeley Rutherford website.
1.2 ShareIn may delegate functions under this agreement to another person, including Berkeley Rutherford Limited, 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 To open a Berkeley Rutherford 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.
1.4 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.
1.5 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 for each subsequent tax year.
1.6 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:
1.6.1 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
1.6.2 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.
1.7 ISA investments will be, and must remain in, your beneficial ownership and must not be used as security for a loan.
1.8 Any documents evidencing your title to the Innovative Finance ISA investments will be held by us or as we may direct.
1.9 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.
1.10 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.
1.11 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 subscribe to your Berkeley Rutherford Innovative Finance ISA in the following tax year.
1.12 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 bank transfer or, where we offer this service, a transfer 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 a Berkeley Rutherford general investment account.
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 in accordance with the Berkeley Rutherford Investor Terms and Conditions).
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 Berkeley Rutherford 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.
4.1 Our fees for administering your Innovative Finance ISA account are paid by Berkeley Rutherford Limited. The amount of the fee may vary from investment to investment and will be disclosed in the Offer Document.
4.2 We charge fees in connection with certain transfers out of your account and dealings with third parties in the event of your death or bankruptcy in accordance with our Tariff at the end of these Terms and Conditions.
v4.3 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 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 Berkeley Rutherford 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 +44 (0) 161 503 1080 or e-mail us at email@example.com. 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 Berkeley Rutherford Investor Terms and Conditions.
5.2 When your account is cancelled pursuant to condition 5.1, any money or bonds credited to your account will be transferred to a standard Berkeley Rutherford general investment account. You can then proceed to use your standard non-ISA account in accordance with the Berkeley Rutherford Investor Terms and Conditions.
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 Berkeley Rutherford Investor Terms and Conditions.
5.6 If you or we close your Innovative Finance account, any money credited to your account will be transferred to a standard Berkeley Rutherford general investment account. You can then proceed to use your standard general investment account in accordance with the Berkeley Rutherford Investor Terms and Conditions.
5.7 The interest rate on bonds subscribed for within a Berkeley Rutherford Innovative Finance ISA will not change by virtue of transferring them into a non-ISA account.
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 it will be transferred to a standard Berkeley Rutherford general investment account.
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 a standard Berkeley Rutherford general investment account in the name of the trustee.
6.8 Whilst you are bankrupt, your trustee will have the authority to request that we sell your bonds 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. An online 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 that we cannot reasonably control.
7.3 Funds in your standard non-ISA account can be transferred into your Innovative Finance ISA account as long as they are not currently invested in a bond. Please contact us on firstname.lastname@example.org if you wish to make such a transfer, specifying the amount you wish to transfer.
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. 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 pursuant to the Berkeley Rutherford Investor Terms and Conditions.
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 Berkeley Rutherford customer, you cannot transfer existing bonds from your Berkeley Rutherford general investment account into your Innovative Finance ISA account.
9.2 You can sell bonds in your Berkeley Rutherford general investment account 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 in accordance with the Berkeley Rutherford Investor Terms and Conditions cannot be included within a Berkeley Rutherford Innovative Finance ISA account unless the seller held the bonds in a Berkeley Rutherford Innovative Finance ISA account.
9.4 Bonds held within a Berkeley Rutherford Innovative Finance ISA may, subject to the Berkeley Rutherford Investor Terms and Conditions, 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 Berkeley Rutherford 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.
12.1 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 Berkeley Rutherford Limited may exercise any of our rights or discharge our obligations under these Terms and Conditions in our or Berkeley Rutherford Limited's 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 Berkeley Rutherford Limited, 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 usIf 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: Berkeley Rutherford at 1 Thames Side, Windsor, England, SL4 1QN.