General conditions for accounts and subscriptions to accounts4
F91
An account is a scheme of investment, to which a subscription may be made, and in respect of which—
a
the conditions and requirements contained in paragraphs (1A) and (5) to (8) are fulfilled; and
b
either—
i
the conditions contained in paragraph (1B) are fulfilled, or
ii
at the time when the subscription to the account is made, the account is a junior ISA account.
F101A
The conditions in this paragraph are—
a
the account is set up as a stocks and shares account or a cash account;
b
a stocks and shares account is made up of a single stocks and shares component only;
c
a cash account is made up of a single cash component only;
d
the application to open the account is made in accordance with regulation 12 or 12A.
1B
The conditions in this paragraph are—
a
a qualifying individual who is 16 or over may only subscribe to a single cash account that is not a junior ISA account in a particular year;
b
a qualifying individual who is 18 or over may only subscribe to a single stocks and shares account that is not a junior ISA account in a particular year;
c
it is an account to which only one qualifying individual subscribes;
d
subject to regulation 7(2)(h), it is an account to which the qualifying individual subscribes only by payment to the account manager of a sum or sums of the individual’s cash; and
e
the subscriptions made by the qualifying individual to accounts (ignoring transfers and payments from account managers to the individual) do not in the aggregate in any year exceed the subscription limits in regulation 4ZA(1) and (2).
F112
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F113
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F64
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5
An account must at all times be managed in accordance with these Regulations by an account manager and under terms agreed in a recorded form between the account manager and the account investor.
6
Apart from other requirements of these Regulations the terms agreed to which paragraph (5) refers shall F12secure—
F13a
that the account investments shall be in the beneficial ownership of—
i
in the case of an account that is not a junior ISA account, the account investor; or
ii
in the case of a junior ISA account, the named child;
b
that, except in relation to qualifying investments for a cash component within regulation 8(2)(a), (b) or (e), and subject to regulation 15—
i
F14in relation to an account that is not a junior ISA account, the title to all account investments shall be vested in the account manager or his nominee or jointly in one of them and the account investor,
F15ia
in relation to an account that is a junior ISA account, title to all investments shall be vested in the account manager or his nominee or jointly in one of them and either one of the registered contact or named child to the account in question as the account manager considers appropriate, and
ii
where a share certificate or other document evidencing title to an account investment is issued, it shall be held by the account manager or as he may direct;
c
that, in relation to a stocks and shares component, and qualifying investments falling within F4paragraphs (g), (h), (k), (l) and (m) of regulation 8(2), the account manager shall, if the account investor so elects, arrange for the account investor to receive a copy of the annual report and accounts issued to investors by every company, unit trust, open-ended investment company or other entity in which he has account investments;
d
that, in relation to a stocks and shares component, and qualifying investments falling within F4paragraphs (g), (h), (k), (l) and (m) of regulation 8(2), the account manager shall be under an obligation (subject to any provisions made under any enactment and if the account investor so elects) to arrange for the account investor to be able—
i
to attend any meetings of investors in companies, unit trusts, open-ended investment companies and other entities in which he has account investments,
ii
to vote, and
iii
to receive, in addition to the documents referred to in sub-paragraph (c), any other information issued to investors in such companies, unit trusts, open-ended investment companies and other entities;
e
that the account manager shall satisfy himself that any person to whom he delegates any of his functions or responsibilities under the terms agreed with the account investor is competent to carry out those functions or responsibilities;
f
that F1on the instructions of the account investor (“the transfer instructions”) and within such time as is stipulated by the account investor in the transfer instructions—
i
an account, with all rights and obligations of the parties to it, or
ii
such parts thereof as may be agreed between the account investor and the account manager,
F3fa
that on the instructions, subject to regulation 9(3)(b), of the account investor (“the withdrawal instructions”) and within such time as is stipulated by the account investor in the withdrawal instructions, account investments, interest, dividends, rights or other proceeds in respect of such investments or any cash shall be transferred or paid to him;
g
that the account manager shall notify the account investor if by reason of any failure to satisfy the provisions of these Regulations an account is or will become no longer exempt from tax by virtue of regulation 22(1).
F87
The time stipulated in the transfer instructions or withdrawal instructions shall be subject to any reasonable business period of the account manager required for the practical implementation of the instructions, but such period—
a
must not exceed 30 days; and
b
must be consistent with regulation 21A where it applies.
F58
Where an account holds units in or shares of a UK UCITS, recognised UCITS or non-UCITS retail scheme, and dealings in the units or shares are suspended in accordance with Rule 7.2 of the Collective Investment Schemes Sourcebook (COLL 7.2), or any direct foreign equivalent of that Rule, the business period in paragraph (7) may be extended to 7 days after the end of such suspension.