Alfa Capital Holdings (Cyprus) Limited is a member of the Investor Compensation Fund (ICF) for customers of Cypriot Investment Firms (CIFs) and other Investment Firms (IFs), which are not credit institutions.
ICF was established under the IF Law 2002 and continues its operation under the Law 144 (I) / 2007.
The Fund constitutes a private law legal entity and its administration is exercised by an Administrative Committee of five members who are designated for a three-year term. The Fund has been operating since 30 May 2004.
The objective of the Fund is to secure any claims of covered clients against members of the Fund and to compensate covered clients for any claims arising from the failure by a member of the Fund to fulfil its obligations despite whether that obligation arises from legislation, the client agreement or from wrongdoing on the part of the member of the Fund.
Failure by the Company to fulfil its obligations consists of its failure to:
Either return to its Covered Customers funds owed to them or funds which belong to them but are held by the Company, directly or indirectly, in the framework of the provision by the Company to the said customers of Covered Services, and which the latter requested the Company to return, in exercising their relevant right; or
To return to the Covered Customers financial instruments which belong to them and which the Company holds, manages or keeps on their account, including cases where the Company is responsible for the administrative management of the said financial instruments.
The Company’s clients have the risk of losing their assets, which are held by third parties, especially in case of their insolvency and in case the third parties are not covered by any investor compensation system and/or other insurance cover.
Covered Services are the investment services listed on the Company’s license (license number 025/04) issued by the Cyprus Securities and Exchange Commission.
The Fund covers all of the company's clients, except those falling in the categories below:
1. Institutional and professional investors falling in the categories below:
• Investment firms
• Legal entities associated with the Company and, in general, belonging to the same group of companies
• Cooperative credit institutions
• Insurance companies
• Collective investment undertakings in transferable securities and their management companies
• Social insurance institutions and funds
• Investors characterized by the Company as professional
2. Supranational organisations, government and central administrative authorities.
3. Provincial, regional, local and municipal authorities.
4. Enterprises that have close ties with the Company.
5. All staff of the Company, inclusive of Managerial and Administration staff.
6. Shareholders of the Company whose participation directly or indirectly in the capital of the member of the Fund amounts to at least 5% of its share capital, or its partners who are personally liable for the obligations of the member of the Fund, as well as persons responsible for carrying out the financial audit of the member of the Fund as provided by the Law, such as qualified auditors.
7. Investors having an enterprise connected with the Company and in the general group of companies to which the Company belongs, positions or duties corresponding to the ones listed in paragraphs 5 and 6 above.
8. Second-degree relatives and spouses of the persons listed in paragraphs 5, 6 and 7 as well as third parties acting for the account of these persons.
9. Apart from investors convicted of a criminal offence pursuant to the Prevention and Suppression of Money Laundering Activities Law of 1996 - 2000, investor-clients of the Company responsible for facts pertaining to the Company that have caused its financial difficulties or have contributed to the worsening of its financial situation or which have profited from these facts.
10. Other firms in the same group.
11. Investors in the form of a company which, due to its size, is not allowed to draw a summary balance sheet in accordance with the Companies Law or a corresponding law of a Member State.
Procedure for decision to commence the compensation payment process
The Fund will commence the compensation payment process in at least one of the following circumstances:
1. The Cyprus Securities and Exchange Commission has determined by resolution that a member of the Fund is unable to meet client claims provided that this inability is a result of its financial circumstances that show no prospect of improving in the near future; or
2. A judicial authority has on reasonable grounds directly related to the financial circumstances of the member issued a ruling with the effect that an investor’s ability to lodge claims against it are suspended or that a well-founded claim by a client exists then the compensation payment procedure will commence.
Upon issuing a decision to initiate the compensation payment process, the Cyprus Securities and Exchange Commission will publish, in at least three national newspapers, an invitation to the covered clients to make their claims. In that invitation a procedure for submission of the relevant applications, a deadline for submission and the content will be outlined.
Amount of Compensation
The Company’s books will be used together with supporting evidence to ascertain the claims of a member and the amount payable will be calculated in accordance with the legal and contractual terms, in particular those relating to offsetting and counterclaims, that are applicable to the assessment on the date of initiation of the compensation payment procedure, of the amount of the funds or value determined with reference to the market value, where possible, of the financial instruments belonging to the covered customer and which such funds or instruments, the Company fails to repay or return respectively. The calculation of compensation payable will derive from the sum of the total established claims of the covered client arising from all covered services provided, regardless of the number of accounts of which it is a beneficiary, the currency and the place of provision of these services. The maximum limit of coverage will be either the 90% of the cumulative covered claims of the covered investor, or the amount of €20.000, whichever is lower.
Upon completion of the valuation, the Fund issues minutes listing the customers of the Company who are entitled to compensation along with the amount of money each one of them is entitled to receive. The Fund communicates this to the Cyprus Securities and Exchange Commission and the Company within five working days from its issue. The Fund also communicates to each affected customer its finding the soonest possible from its issue.
If the claimant, to whom the Fund communicates its decision, objects or disagrees with the Fund’s decision he has the right, within ten days from the communication of the decision, to appeal to the Cyprus Securities and Exchange Commission, justifying sufficiently his objection.
The Fund is obliged to pay to each Covered Customer claimant the compensation within three months from the date that the decision was communicated to the affected covered client.