Mongoose Crowd Innovative Finance ISA Terms and Conditions
In these Terms and Conditions, references to the ISA Regulations means the Individual Savings Account Regulations 1998 (as amended or replaced from time to time and other capitalized terms that are not defined herein shall bear the meaning given to them in the ISA Regulations, where applicable.
1 Your Innovative Finance ISA account
1.2 ShareIn may delegate functions under this agreement to another person, including Mongoose Crowd Limited, where this is permitted by law. References to “we”, “us” and “our” in these Terms and Conditions are to ShareIn or its delegates.
1.3 To open a Mongoose Crowd Innovative Finance ISA account, we must be in receipt of a completed ISA application, together with your payment (including a transfer of cash from an existing ISA) for any whole pound (£) amount the minimum stated in the Offer Document and (other than for transfers from existing ISAs) the maximum annual subscription allowance for an Innovative Finance ISA.
1.4 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.
1.5 When you open an Innovative Finance ISA account, we will ask you to make a declaration to allow you to subscribe for an Innovative Finance for each subsequent tax year.
1.6 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:
1.6.2 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.
1.7 ISA investments will be, and must remain in, your beneficial ownership and must not be used as security for a loan.
1.8 Any documents evidencing your title to the Innovative Finance ISA investments will be held by us or as we may direct.
1.9 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.
1.10 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.
1.11 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 make subscribe to your Mongoose Crowd Innovative Finance ISA in the following tax year.
1.12 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
2.2 If money is subscribed into your Innovative Finance ISA account which exceeds the amount prescribed in the ISA Regulations, then the excess subscription will be transferred to a Mongoose Crowd general investment account.
2.3 You may make withdrawals from your Innovative Finance ISA account; however, you cannot withdraw money which is invested in a bond (although you may seek to sell the bond in accordance with the Mongoose Crowd Investor Terms and Conditions).
2.4 We will pay any cash sums (subject to the deduction of fees, if any) out of your Innovative Finance 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.
2.5 Your Innovative Finance 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 Innovative Finance ISA account.
3 Uninvested cash
3.2 All uninvested cash shall be held in an account that is segregated from our money in accordance with the “Your Money and Payments” section of the Mongoose Crowd Investor Terms and Conditions.
4.2 We charge fees in connection with certain 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.
4.3 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.
4.4 If we do charge fees to you directly, our fees will be taken from your Innovative Finance ISA account and will not be taken from any other account Mongoose Crowd may hold for you.
5 Cancellation and account closure
5.2 When your account is cancelled pursuant to condition 5.1, any money or bonds credited to your account will be transferred to a standard Mongoose Crowd general investment account. You can then proceed to use your standard non-ISA account in accordance with the Mongoose Crowd Investor Terms and Conditions.
5.3 If you have subscribed to your Innovative Finance 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 account to them, you will not be able subscribe to another Innovative Finance ISA with another ISA provider in the same tax year.
5.4 If you have subscribed to your Innovative Finance ISA during a tax year and then close the account, you will be able to re-open the account with us during the same tax year.
5.5 We may close your account with immediate written notice to you if we are directed to close it by HM Revenue & Customs or if your membership is terminated pursuant to the Mongoose Crowd Investor Terms and Conditions.
5.6 If you or we close your Innovative Finance account, any money credited to your account will be transferred to a standard Mongoose Crowd general investment account. You can then proceed to use your standard general investment account in accordance with the Mongoose Crowd Investor Terms and Conditions.
5.7 The interest rate on bonds subscribed for within a Mongoose Crowd Innovative Finance ISA will not change by virtue of transferring them into a non-ISA account.
6 Death or bankruptcy
6.2 When we receive notification of your death we will close your Innovative Finance ISA account and will be transferred to a standard Mongoose Crowd general investment account.
6.3 We may require a grant of probate or letters of administration before releasing any monies in your account to your executors.
6.4 Your Innovative Finance ISA account will be valued for probate as at the death and dealt with as instructed by your executors.
6.5 We may support the setting up of an Innovative Finance ISA based on additional permitted subscriptions (within the meaning of the ISA Regulations) for your spouse.
6.6 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.
6.7 When we receive notification of your bankruptcy we will close your Innovative Finance ISA account and any cash and bonds will be transferred to a standard Mongoose Crowd general investment account in the name of the trustee.
6.8 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
7.2 The transfer process will begin on the date on the Transfer 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 Form. We will not be responsible for any delay to the transfer where this is due to a matter than we cannot reasonably control.
7.3 Funds in your standard non-ISA account can be transferred into your Innovative Finance ISA account as long as they are not currently invested in a bond. Please contact us on Crowd@Mongoose.Energy if you wish to make such a transfer, specifying the amount you wish to transfer.
8 Transfers out
8.2 You may transfer all (but not part only) of the money in your account in the current tax year, together with all or parts of any money (together with interest) in your account 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
9.2 You can sell bonds in your Mongoose Crowd general investment account and subsequently transfer non-invested money to your Innovative Finance ISA account in accordance with condition 2.1.
9.3 Bonds purchased from an existing bondholder in accordance with the Mongoose Crowd Investor Terms and Conditions cannot be included within a Mongoose Crowd Innovative Finance ISA account unless the seller held the bonds in a Mongoose Crowd Innovative Finance ISA account.
9.4 Bonds held within a Mongoose Crowd Innovative Finance ISA may, subject to the Mongoose Crowd Investor Terms and Conditions, be sold to an available purchaser and the proceeds of sale retained within the ISA pending re-investment.
10 Amendments to these Terms and Conditions
10.2 We may amend these Innovative Finance ISA Terms and Conditions if we believe it necessary in order to respond proportionally to changes in law and regulations.
10.3 We may also amend the Innovative Finance 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 Mongoose Crowd Innovative Finance ISA.
10.4 You will be given at least 30 days’ notice in respect of any changes to these Innovative Finance 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 ISA Regulations
11.2 We will inform you if your Innovative Finance ISA Account 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.
12.2 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.
12.3 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.
12.4 We and Mongoose Crowd Limited may exercise any of our rights or discharge our obligations under these Terms and Conditions in our or Mongoose Crowd 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 Mongoose Crowd 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.