Practice Note 9.6.4(b) Money Received on Account of Customer
1. Rule 9.6.4(b) states that a buying customer who is not a buying customer specified in Rule 9.6.4(a) must pay the Trading Member for its trade on Intended Settlement Day, regardless of whether the securities have been delivered by CDP.
2. For the avoidance of doubt, where securities have not been delivered by CDP on Intended Settlement Day, the payment by the customer provided in Rule 9.6.4(b) shall be treated as money received on account of its customer for the purposes of SFR (Licensing and Conduct of Business). The Trading Member must therefore still comply with Rule 4.30.2 in relation to any money paid by the buying customer to the Trading Member, including, where relevant, the requirement to deposit the money received on account of its customer in a trust account no later than such time as required in the SFR (Licensing and Conduct of Business). The Trading Member is permitted to withdraw such money from the trust account for the purpose of making payment to CDP for the customer's trade when such payment is due.
3. This Practice Note does not preclude the Trading Member from applying the payment towards permitted uses set out in the SFR (Licensing and Conduct of Business) and/or relevant law.