These Terms and Conditions apply to the holding of an Innovative Finance ISA (“Property Crowd ISA”) containing bonds available through the Property Crowd website. The provisions of the Property Crowd Investor Terms and Conditions apply to the services provided by Global Alternatives Operations Limited in respect of bonds held within a Property Crowd ISA in addition to these Terms and Conditions. In the event of conflict between these Terms and Conditions and the Property Crowd Investor Terms and Conditions, the provisions of these Innovative Finance ISA Terms and Conditions will prevail.
In these Terms and Conditions, references to the ISA Regulations mean the Individual Savings Account Regulations 1998 (as amended or replaced from time to time) and other capitalised terms that are not defined herein shall bear the meaning given to them in the ISA Regulations, where applicable.
1. Your Innovative Finance ISA
Gallium PE Depositary Limited (“Gallium”) will be the manager of your Property Crowd ISA. Gallium will only facilitate the holding of bonds acquired through the Property Crowd website within your Property Crowd ISA pursuant to these Terms and Conditions. No other investments will be facilitated through your Property Crowd ISA.
Gallium may delegate functions under this agreement to another person, including Global Alternatives Operations Limited, where this is permitted by law. References to “we”, “us” and “our” in these Terms and Conditions are to Gallium or its delegates.
To open a Property Crowd ISA, we must be in receipt of a completed ISA application.
Your payment must be received within the same tax year in which the account was opened. Payments (including a transfer of cash from an existing ISA) must be for any whole pound (£) amount between the minimum stated in the Deal Room and (other than for transfers from existing ISAs) the maximum annual subscription allowance for an ISA.
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.
When you open an ISA, we will ask you to make a declaration to allow you to subscribe for an Innovative Finance ISA for each subsequent tax year.
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:
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
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.
ISA investments will be, and must remain in, your beneficial ownership and must not be used as security for a loan.
Any documents evidencing your title to the Property Crowd ISA investments will be held by us or as we may direct.
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.
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.
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 Property Crowd ISA in the following tax year.
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
Subscriptions can be made into your ISA by bank transfer or, where we offer this service, a transfer made in accordance with condition 7 (of these IFISA Terms and Conditions).
If money is subscribed into your ISA which exceeds the amount prescribed in the ISA Regulations, then the excess subscription will be transferred to your Property Crowd Standard Account.
You may make withdrawals from your ISA; however, you cannot withdraw money which is invested in a bond (although you may seek to sell the bond in accordance with the Property Crowd Investor Terms and Conditions).
We will pay any cash sums (subject to the deduction of fees, if any) out of your 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.
Your 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 ISA account.
3. Uninvested cash
Your Property Crowd 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.
All uninvested cash shall be treated by us as “client money” for the purposes of the rules of the Financial Conduct Authority and pursuant to condition 5 of the Property Crowd Investor Terms and Conditions.
Our fees for administering your ISA are set out in the Tariff at the end of these Terms and Conditions.
At this time, we do not charge fees in connection with 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.
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.
All fees are exclusive of VAT, unless otherwise stated.
If we do charge fees to you directly, our fees will be taken from your ISA and will not be taken from any other account Property Crowd may hold for you.
5. Cancellation and account closure
If you decide you no longer wish to have a Property Crowd 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 e-mail to firstname.lastname@example.org. Please note that this will cancel your Property Crowd ISA, but your right to cancel any bonds held within it will be governed by the Property Crowd Investor Terms and Conditions.
When your account is cancelled pursuant to condition 5.1, any money or bonds credited to your account will be transferred to a Property Crowd Standard Account. You can then proceed to use your Standard (non-ISA) Account in accordance with the Property Crowd Investor Terms and Conditions.
If you have subscribed to your 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 Property Crowd ISA to them, you will not be able to subscribe to another ISA with another ISA provider in the same tax year.
If you have subscribed to your Property Crowd ISA during a tax year and then close the account, you will still be able to re-open the account with us during the same tax year.
We may close your account with immediate written notice to you if we are directed to close it by HM Revenue & Customs.
If you or we close your Property Crowd ISA, any money credited to your account will be transferred to a Property Crowd Standard Account. You can then proceed to use your Standard Account in accordance with the Property Crowd Investor Terms and Conditions.
The interest rate on bonds subscribed for within a Property Crowd ISA will not change by virtue of transferring them into a Standard Account.
6. Death or bankruptcy
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.
When we receive notification of your death we will close your Property Crowd ISA and the proceeds will be transferred to a Property Crowd Standard Account.
We may require a grant of probate or letters of administration before releasing any monies in your account to your executors.
Your Property Crowd ISA will be valued for probate as at the time of death and dealt with as instructed by your executors.
We may support the setting up of a Property Crowd ISA based on additional permitted subscriptions (within the meaning of the ISA Regulations) for your spouse.
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.
When we receive notification of your bankruptcy we will close your Property Crowd ISA and it will be transferred to a Property Crowd Standard Account in the name of the trustee.
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
Where we indicate that we will do so on the Property Crowd website, you may transfer money (but not investments) into your Property Crowd ISA with us from an existing ISA in your name with another provider. A transfer-in form will need to be completed and then we will send you a Transfer Authority form to approve and sign. We can then arrange for the money to be transferred to us from your existing ISA provider in accordance with your instructions and ISA Regulations.
The transfer process will begin on the date on the Transfer Authority 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 Authority form. We will not be responsible for any delay to the transfer where this is due to a matter that we cannot reasonably control.
Funds in your Property Crowd standard account can be transferred into your Property Crowd ISA as long as they are not currently invested in a bond.
8. Transfers out
If you wish to transfer your Property Crowd 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 a Property Crowd ISA to fund a transfer out; however, where a purchaser can be found, bonds within a Property Crowd ISA can be sold pursuant to the Property Crowd Investor Terms and Conditions.
You may transfer all (but not part) of the money in your Property Crowd ISA in the current tax year, together with all or parts of any money (together with interest) in your Property Crowd ISA 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
If you are an existing Property Crowd customer, you cannot transfer existing bonds from your Property Crowd standard account into your Property Crowd ISA.
You can sell bonds in your Property Crowd standard account and subsequently transfer non-invested money to your Property Crowd ISA in accordance with condition 2.1.
Bonds held within a Property Crowd ISA may, subject to the Property Crowd Investor Terms and Conditions, be sold to an available purchaser and the proceeds of sale retained within the Property Crowd ISA pending re-investment.
10. Amendments to these Terms and Conditions
We may, at any time, change the 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.
We may amend these ISA Terms and Conditions if we believe it necessary in order to respond proportionally to changes in law and regulations.
We may also amend the 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 Property Crowd ISA.
You will be given at least 30 days’ notice in respect of any changes to these 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. Administration of Bonds
In the event of breach of the Bond Instrument by the issuer, we have authority to and undertake to exercise your rights under the Bond Instrument.
12. ISA Regulations
The management of your Property Crowd ISA will be subject to the ISA Regulations. Any changes made by HMRC to the ISA Regulations that affect these terms will apply as soon as they come into effect.
We will inform you if your Property Crowd ISA 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.
These ISA Terms and Conditions are based on our understanding of current law and HMRC’s practice as at March 2017. These may change in the future and the favourable tax treatment of ISAs may not be maintained.
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 Conditions, you and we shall submit to the non-exclusive jurisdiction of the English courts.
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.
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.
We and Global Alternatives Operations Limited may exercise any of our rights or discharge our obligations under these Terms and Conditions in our or Global Alternatives Operations 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 Global Alternatives Operations 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.
14. Contacting us
If 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: email@example.com.
TARIFF OF PROPERTY CROWD ISA CHARGES
An annual fee of 0.95% (inclusive of VAT) per annum will be charged on the amount invested in your Property Crowd ISA. The fee shall be applied pro-rata for periods only where the account has a positive balance of cash and/or securities. Such pro-rata annual fee amount shall be deducted from the amount returned to your ISA upon redemption of any bonds or upon any bond coupon distributions.