Terms and Conditions of Islamic (Swap-free) Account
1. The Islamic (Swap-free) account (hereinafter Swap-free account) is provided by
Finlake (hereinafter Finlake, the Company, We, Us, Our as appropriate)
2. Terms and Conditions are a supplement to the existing client agreement or terms
and conditions of business and govern additional terms and conditions applicable
to the Swap-free account. For the purpose of the agreement, unless otherwise
specified, definitions and expressions shall have the meaning assigned to them
in the general terms and conditions of business of Finlake.
3. The Client hereby expressly acknowledges and agrees that by downloading,
completing and/or submitting to Finlake the Islamic trading account request email
and/or documentation/forms posted on Finlake’s Online Trading Facility and/or
clicking in the appropriate space, or “Open an Islamic Account” and/or on the “I
Accept” button, or similar buttons or links as may be designated by the Company
to show the Client’s approval and acceptance of this Agreement and the
successful submission to Finlake of a request for the conversion of the Client’s
trading account(s) into Islamic (Swap-free) account(s) (“Request”).
4. Swap-free trading accounts are available only to those Clients who cannot use
‘swaps’ owing to their religious beliefs upon the Client’s application and Finlake’s
approval. Accordingly, in all instances where a Request for an Islamic (Swap-free)
trading account is filed with Finlake, Finlake reserves the right to require an
adequate justification and/or supporting documentation(s) to prove the necessity
or needs for the conversion prior to permitting a swap-free account. Furthermore,
Finlake reserves the right to refuse the processing of any such Request, at its
sole discretion, for any reason whatsoever, without being obliged to provide any
explanation or justification.
While Clients may file a Request for an Islamic (Swap-free) trading account at
any time, the filing of any such Request entails that all other trading accounts of
the Client who files such a Request will automatically be converted into Swapfree
trading accounts also, without any further notice being required.
The exception to the above scenario is when the Request for Islamic (Swap-free)
is brought by our Introducing Broker (‘the IB‘). Please be noted that as for the
Request made by the IB for his or her trading accounts with us, Finlake will not
automatically convert all the other trading account(s) into Swap-free trading
account(s). Rather, the IB shall file the Request for each trading account(s) that
he or she wish to be converted into the Islamic (Swap-free) trading account(s).
Upon the receipt of the Request, Finlake shall evaluate the Request submitted
and shall inform the Client by e-mail whether the Request is accepted or not.
The terms set forth herein will enter into effect, as of the date on which Finlake is
sending the above-mentioned confirmation e-mail that the Client’s Request has
been approved. Please note that we do not provide any warranty that the Swapfree
accounts comply with the requirements of any faith or set of beliefs.
5. Swap-Free accounts do not pay or earn swap or interest on any trades and any
positions. Standard spreads, commissions, and other standard terms of Finlake
accounts apply.
6. Instead of swap, the Swap-free account will incur an overnight Financing Fee for
the position(s) in certain contracts (for the contracts and Financing rates please
refer to Appendix A). Finlake reserves the right to change the value of the fee
without notice.
7. If the account base currency is not US dollar, the Financing Fee will be charged
in base currency at USD equivalent using the exchange rate of the day.
8. Finlake may, at its discretion:
a. update specific charges relating to Swap-free accounts on its website from
time to time.
b. apply, without prior notice, additional commission fees with respect to exdividend
payments for CFDs on indices, single shares and ETFs for trades
carried during ex-dividend days.
9. Swap-free accounts are to be used in good faith, and clients may not use the
Swap-free account to make profits from swaps or not paying swaps. They should
also note that they may not request the payment of any swap amounts that have
been lost as a result of converting their live trading account(s) into one or more
Swap-free accounts for the period during which their live trading account(s)
has/have been converted into one or more Swap-free accounts.
10.Finlake reserves the right to revoke a Swap-free account status without having to
provide reasoning for this. If Finlake detects that a Swap-free Account is being
abused by taking advantage of the swap free system, in the form of, but not
limited to fraud, manipulation, cash-back arbitrage, carry trades, or other forms
of deceitful or fraudulent activity with the usage of a Swap-free account of any
Client, then we reserve the right at any time to take immediate action without prior
notice in the form of:
a. revoking the Swap-free account status to any and all trading accounts of
such Client that have been converted to a Swap-free trading account;
b. correcting and recovering any unaccrued Swaps and any related unaccrued
interest expenses and or costs pertaining to any and all of such
Client’s Swap-free trading accounts during the period for which such
accounts were converted into Swap-free trading accounts;
c. closing all trading accounts of such Client with Finlake, nullifying all trades
carried out in such Client’s trading accounts with Finlake and cancelling
and all profits or losses garnered in such Client’s trading accounts with
Finlake;
d. terminating the client agreement.
11.We reserve the right to cancel the Swap-free account status granted to any live
account at any time without being obliged to provide any explanation or
justification.
12.If any of the terms set forth herein were to be translated into a language other
than English, then the English version shall prevail where there is an
inconsistency or conflict.