Elias Neocleous The Investment Services and Activities and Regulated Markets Law, Law 144(I) of 2007, requires Cyprus Investment Firms (CIFs) that hold clients' funds to take every possible measure to protect their clients' interests. The Cyprus Securities and Exchange Commission (CySEC) issued detailed guidance to CIFs regarding these obligations in 2012 in its Directive DI144-2007-01, which requires CIFs to have adequate arrangements in place to minimise the risk of loss or diminution of clients' assets as a result of misuse, fraud, poor administration, inadequate record keeping or negligence. CySEC has recently issued a reminder to CIFs that maintain a merchant account for the clearing or settlement of payment transactions that any such merchant account must be completely segregated and may not be used by anyone other than the CIF. Under no circumstances may CIFs' merchant accounts be used by connected persons or third parties, as this does not provide the required degree of segregation and protection of client funds.
March 24 2015