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Financial Services and Markets Act 2000

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139 Miscellaneous ancillary matters.E+W+S+N.I.

This sectionnoteType=Explanatory Notes has no associated

(1)Rules relating to the handling of money held by an authorised person in specified circumstances (“clients’ money”) may—

(a)make provision which results in that clients’ money being held on trust in accordance with the rules;

(b)treat two or more accounts as a single account for specified purposes (which may include the distribution of money held in the accounts);

(c)authorise the retention by the authorised person of interest accruing on the clients’ money; and

(d)make provision as to the distribution of such interest which is not to be retained by him.

(2)An institution with which an account is kept in pursuance of rules relating to the handling of clients’ money does not incur any liability as constructive trustee if money is wrongfully paid from the account, unless the institution permits the payment—

(a)with knowledge that it is wrongful; or

(b)having deliberately failed to make enquiries in circumstances in which a reasonable and honest person would have done so.

(3)In the application of subsection (1) to Scotland, the reference to money being held on trust is to be read as a reference to its being held as agent for the person who is entitled to call for it to be paid over to him or to be paid on his direction or to have it otherwise credited to him.

(4)Rules may—

(a)confer rights on persons to rescind agreements with, or withdraw offers to, authorised persons within a specified period; and

(b)make provision, in respect of authorised persons and persons exercising those rights, for the restitution of property and the making or recovery of payments where those rights are exercised.

(5)Rules” means general rules.

(6)Specified” means specified in the rules.

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