CASS 7A.2 Primary pooling events

A primary pooling event occurs:

1. (1)

   on the failure of the firm;

2. (2)

   on the vesting of assets in a trustee in accordance with an 'assets requirement' imposed under section 48(1)(b)of the Act;

3. (3)

   on the coming into force of a requirement for all client money held by the firm; or

4. (4)

   when the firm notifies, or is in breach of its duty to notify, the FSA, in accordance with CASS 7.6.16 R (Notification requirements), that it is unable correctly to identify and allocate in its records all valid claims arising as a result of a secondary pooling event.

CASS 7A.2.2R (4) does not apply so long as:

1. (1)

   the firm is taking steps, in consultation with the FSA, to establish those records; and

2. (2)

   there are reasonable grounds to conclude that the records will be capable of rectification within a reasonable period.

If a primary pooling event occurs:

1. (1)

   1all client money held in a client bank account or a client transaction account1 of the firm is treated as pooled (forming a notional pool) except for client money held in a client transaction accountthat is an individual client account or an omnibus client account at an authorised central counterparty;

2. (2)

   the firm must distribute client money comprising the notional pool in accordance with CASS 7.7.2 R, so that each client receives a sum which is rateable to the client money entitlement calculated in accordance with CASS 7A.2.5 R; and1

3. (3)

   1if client money is remitted directly to the firm from an authorised central counterparty, then:

   1. (a)

      any such remittance in respect of a client transaction account that is an individual client account must be distributed to the relevant client subject to CASS 7.7.2R (4) ;

   2. (b)

      subject to (3)(c), any such remittance in respect of a client transaction account that is an omnibus client account must form part of the notional poolunder CASS 7A.2.4R (1) and be subject to distribution in accordance with CASS 7A.2.4R (2); and

   3. (c)

      any such remittance in respect of a client transaction account that is an omnibus client account must be distributed to the clients for whom that omnibus client account is held if:

      1. (i)

         no client money in excess of the amount recorded in that omnibus client account is held by the firm as margin in relation to the positions recorded in that omnibus client account; and

      2. (ii)

         the amount of such remittance attributable to each client of the omnibus client account is readily apparent from information provided to the firmby the authorised central counterparty;

      in which case the amount of such remittance must be distributed to each such client in accordance with the information provided by the authorised central counterparty subject to CASS 7.7.2R (4)

1. (-1)

   1Each client's client equity balance must be reduced by:

   1. (a)

      any amount paid by an authorised central counterparty to a clearing member other than the firm in connection with a porting arrangement in accordance with CASS 7.2.15R (6) in respect of that client;

   2. (b)

      any amount paid by an authorised central counterparty directly to that client, in accordance with CASS 7.2.15R (7); and

   3. (c)

      any amount that must be distributed to that client by the firm in accordance with CASS 7A.2.4R (3)(a) or (c).

2. (1)

   When, in respect of a client, there is a positive individual client balance and a negative client equity balance, the credit must be offset against the debit reducing theindividual client balance for that client.

3. (2)

   When, in respect of a client , there is a negative individual client balance and a positive client equity balance , the credit must be offset against the debit reducing the client equity balance for that client.

Client money received by the firm after a primary pooling event must not be pooled with client money held in any client money account operated by the firm at the time of the primary pooling event. It must be placed in a client bank account that has been opened after that event and must be handled in accordance with the client money rules, and returned to the relevant client without delay, except to the extent that:

1. (1)

   it is client money relating to a transaction that has not settled at the time of the primary pooling event; or

2. (2)

   it is client money relating to a client, for whom the client money entitlement, calculated in accordance with CASS 7A.2.5 R, shows that money is due from the client to the firm at the time of the primary pooling event.

If a firm receives a mixed remittance after a primary pooling event, it must:

1. (1)

   pay the full sum into the separate client bank account opened in accordance with CASS 7A.2.7 R; and

2. (2)

   pay the money that is not client money out of that client bank account into a firm's own bank account within one business day of the day on which the firm would normally expect the remittance to be cleared.

If both a primary pooling event and a secondary pooling event occur, the provisions of this section relating to a primary pooling event apply.