1 OVERVIEW
This agreement sets out the terms and conditions between you and us, which apply when you use our Premium Trading Service. Upon opening a new trading account with one of our partnered brokers “The Broker”, you will also receive a Trading Agreement directly from them, which we strongly recommended you read.
Regency Capital Group Ltd provides access to third party online trading platforms which allows you to trade investment products known as contracts for difference and spread bets. We allow you to trade our products in various underlying instruments, including foreign exchange, indices, commodities, metals and bonds, and other instruments (for example but not limited to equities and cryptocurrencies) from time to time which may be displayed on the trading platform.
Regency Capital Group Ltd is authorised and regulated by the Financial Conduct Authority (with firm reference number 916337). You can contact the FCA in the following ways:
Telephone 0800 111 6768 (or +44 207 066 1000 from outside the United Kingdom)
Website www.fca.org.uk
Post 12 Endeavour Square, London, E20 1JN
2 WHO WE ARE AND HOW YOU CAN CONTACT US
2.1 Regency Capital Group Ltd is a private limited company registered in England and Wales (company registration number 11921999). Our registered office is at 35 Berkeley Square, Mayfair, London, W1J 5BF. We refer to Regency Capital Group Ltd in this agreement as “Regency”, “We”, “Our” and “Us”. When we refer to “you” and “your” in this Agreement, we mean a registered user via this website.
2.2 You can contact us in the following ways:
Telephone 0207 973 8007
Website www.regency.capital/contact-us
Post 35 Berkeley Square, Mayfair, London, W1J 5BF
3 COMMUNICATING WITH YOU
3.1 We may communicate with you by telephone, letter, email or text message. We will use the contact details you gave us when you registered on our website.
3.2 The Agreement and any other documents we provide to you, and all information, statements and notifications will be in English and we will communicate with you in English.
3.3 Upon successful application of our Premium Trading Service, you are able to turn on/off how we contact you, including email and SMS alerts, under the ‘My Account’ section.
3.4 Any phone calls may be recorded for training or monitoring purposes.
4 THE SERVICES WE PROVIDE
4.1 Before providing you with our Premium Trading Service, we are required to assess whether an investment is appropriate for you, taking into account a number of factors including, but not limited to, your knowledge and experience in the relevant investment field.
4.2 We will ask you to confirm your investment understanding and experience in addition to requiring you to complete a knowledge test. Should the information you provide to us be incomplete or inaccurate, this may result in your application being refused, we will inform you in this event and you will not be able to proceed any further. We will reconsider your application after a minimum period of 3 months.
4.3 Upon being approved to use our Premium Trading Service, we will then provide you with the next steps to open a trading account with our preferred trading Broker.
4.4 Once you have successfully opened your new trading account and deposited funds, we will then activate your access to our Research Portal to receive our Premium Trading Service, which includes, but not limited to, the following:
- Market Alerts – market commentary in written format
- Trading Videos – market commentary and education in video format
- Morning Report – daily UK pre-market open report
Trading education – in video format
4.5 We provide you with the ability to trade via an online platform (accessible on both desktop, mobile and apps) with the broker.
4.6 You will enter into all transactions with the broker an execution only basis. An “execution only basis” means you will be solely responsible for all investment decisions and actions on your Account. You must therefore rely on your own judgment in respect of all dealings relating to your Account. This includes, but is not limited to, opening, closing, or not opening nor closing, a transaction.
4.7 When you enter into a transaction with the broker, you are trading a derivative contract. A derivative is a contract which derives its price from an underlying asset. This underlying asset could (for example) be a share in a company, a commodity such as gold or the change in the exchange rate of currencies. You are therefore trading on potential price movements in the underlying asset, however you will not have any interest in or be entitled to delivery of the underlying asset.
5 WE DO NOT PROVIDE FINANCIAL ADVICE
5.1 We will not make personal recommendations to you or give you any advice or recommendations including, for the avoidance of doubt, any tax related advice. Therefore, any explanation we may provide as to the terms of a transaction or its performance characteristics will not amount to advice.
5.2 It is your responsibility to evaluate each transaction and ensure that it meets your requirements and investment preferences.
5.3 Please note, we are unable to deal (open or close positions) on your account.
6 CLIENT CATEGORISATION
6.1 In accordance with the FCA’s rules, we have categorised you as a retail client to ensure that you are afforded the highest level of regulatory protection.
6.2 You have the right to request a different client categorisation, such as Professional Client, from the one we have allocated to you, but please be aware that this is reviewed on an individual basis we may decline such a request.
7 WHAT ARE THE RISKS OF USING OUR SERVICES?
7.1 Trading in financial instruments involves risk and will not be appropriate for everyone. You should be aware that the price or value of investments can go down as well as up and you may not get back the amount invested.
7.2 Trading using leverage can result in losses, however as a retail client you will never lose more than the total sum you have invested. Trading with leverage magnifies your gains and losses, so small price changes in the underlying asset can result in large losses or gains. However, the broker provides all retail clients with negative balance protection.
7.3 Trading on leverage can magnify your profits but also your losses. You can find out more about the risks associated with trading our Risk Warning & Disclaimer page on our website here.
7.4 By accepting these terms you acknowledge that you have read and understood our Risk Warning.
7.5 The broker is required by law and regulation to limit the amount of leverage that a retail client may be exposed to on their account. The leverage levels available to both retail and professional clients are available on the brokers website.
7.6 Past performance is not a guide to future performance.
7.7 If you remain in doubt of the risks involved, you should seek independent advice.
8 CONFLICTS OF INTEREST POLICY
8.1 The purpose of this Policy is to identify and summarise those conflicts which the firm may experience as an organisation and how it can address the challenges that such conflicts create. It also provides the firm’s clients with appropriate information relating to the policies the firm has in place to identify and manage conflicts of interest.
8.2 Regulation – This Policy is designed to fulfil our obligations under SYSC 10, COBS 12 and Principle for Business 8 of the FCA Handbook, the first two of which implemented the Markets in Financial Instruments Directive (“MiFID”). This policy should ensure that procedures are in place to identify, monitor and handle all potential and actual conflicts so that these are not to the detriment of the client. Conflicts of interest are defined in the context of FCA rules as any conflicts which arise between:
- Regency Capital (the firm) and a client; or
- A client and another client
When Regency Capital is carrying out activities which are regulated by the FCA or ancillary services. The types of conflicts envisaged by the FCA may include situations where Regency Capital:
- Stands to make a financial gain, or avoid a loss, at the expense of the client;
- Has an interest in the outcome of a service provided to the client, or a transaction carried out on their behalf, which is materially different from the interest of that client;
- Has financial or other incentive to favour the interests of another client or group of clients over that client;
- Carries on the same business as the client; or
- Is likely to receive from a person other than the client an inducement, whatever the form, relating to the service provided to the client other than standard fees or commission for that service.
8.3 Identification of conflicts of interest – For the purposes of identifying the types of conflict of interest that may arise in the course of providing investment and ancillary services or a combination thereof and whose existence may damage the interests of a client, the firm takes into account any of the following situations, whether they are as a result of providing investment or ancillary services or investment activities or otherwise:
- The firm or relevant person is likely to make a financial gain, or avoid a financial loss, at the expense of the client;
- The firm or relevant person has an interest in the outcome of a service provided to the client or of a transaction carried out on behalf of a client which is distinct from the client’s interest in that outcome;
- The firm or relevant person has a financial or other incentive to favour the interest of another client or group of clients over the interest of the said client;
- The firm or relevant person carries on in same business as the client;
- The firm or relevant person receives or will receive from another other than the client, an inducement in relation to a service provided to the client in the form of a financial gain, goods or services – other than the standard fee or commission for that service.
8.4 Accordance with SYSC, the firm annually carries out a review and maintains a record of the types of activity carried out from which a conflict of interest may arise.
If it appears for any reason that the conflict cannot be reasonably managed so as not to prejudice the best interests of the client, this will be disclosed.
To prevent conflicts of interest, the firm has the following policies in place:
- Personal Account Dealing Policy setting out personal account dealing requirements applicable to relevant persons in relation to their own investments and/or that any personal dealing must be approved prior to taking place.
- Privacy Policy governing access to electronic data.
- Chinese walls restricting the flow of confidential & inside information within the firm and departments.
- Gifts and Benefits Policy managing the registration of the solicitation, offer or receipt of certain benefits and to limit the giving or receiving of inducements.
9 FEES & COSTS
9.1 When trading with Regency Capital, you’ll be using an introduced CFD or spread bet account from our platform provider IG Markets Ltd (IG).
9.2 All trading costs and charges are the same as they would be if you opened an account directly with IG and they do not charge any mark up for customers introduced by us.
9.3 Full details of all trading trading costs and charges can be viewed on the IG website here: https://www.ig.com/uk/charges
9.4 IG will share some of the revenue generated by your account with us for the services we provide, and details of this payment will be sent to you in a monthly statement.
10 LIABILITY
10.1 We are not responsible for investment performance or the performance of any third party, including the clearing broker.
10.2 Where we provide you with research, should you decide to trade, you do so entirely at your own risk.
11 COMPLAINTS
11.1 We aim to provide you with the highest standard of service. However we recognise that you may on occasion be dissatisfied with some parts of our service. Should you for any reason be dissatisfied with any aspect of our service, please put your complaint in writing by one of the methods below:
Email – support@regency.capital
Post – The Compliance Officer, Regency Capital, 35 Berkeley Square, Mayfair, London, W1J 5BF
11.2 To assist us to investigate and resolve your complaint as quickly as possible and with minimum inconvenience to you, please make sure you give us as much information as possible, including;
- Your name, address and client reference number
- A clear and concise description of your complaint
- Details of what you would like Regency to do to rectify
- Copies of any relevant documents, such as letters and emails
- An up to date telephone number so that we can contact you
11.3 Regency will then fully consider your complaint in accordance with Regency’s complaints procedures and provide you with a response within 8 weeks of your initial complaint. A copy of our procedure can be provided upon request.
11.4 In the event that we are unable to meet our obligations to you, you may have a right to seek compensation from the Financial Services Compensation Scheme (the “FSCS”) in respect of the Services. As at the date of this Agreement, compensation is limited to 100% of the first £85,000.
12 TERMINATION OF SERVICE
12.1 These terms and our service may be terminated with immediate effect by either you or us at anytime by written notice
12.2 Termination shall not affect any pre-existing rights and obligation incurred by the parties prior to termination, such as our entitlement to fees.
12.3 No penalty, fee or charge will be payable by either party upon cancellation or termination of this Agreement
12.4 If you wish to close your trading account, you will need to contact the broker separately in accordance with the terms of your trading agreement with them.
13. HOW WE MAY USE YOUR DATA
13.1 We collect and use information about you while providing the services to you. This may include personal data and sensitive personal data each as defined in the Data Protection Act 2018.
13.2 We will be the data controller of such personal data and will process your personal data in accordance with our Privacy Policy which is available on our Website. The Privacy Policy will form part of your Agreement with us.
13.3 You are entitled to receive information about the processing of personal data concerning you. We will, on your request or may on our own initiative, rectify any error detected. For more information about your rights and to control the way in which we use your personal data please go to our Privacy Policy, which is available on our website.