Legal

Terms & Conditions

General Terms of Business for Institutional Custody Services — Version 8.1

Last Updated: January 2025  |  Effective Date: 1 February 2025  |  Version: 8.1

These Terms and Conditions ("Terms") constitute a legally binding agreement between you (the "Client") and SCO AMERICA ("SCO AMERICA," "we," "us," or "our"), governing the provision of custody, settlement, fund administration, and related financial services.

Important Notice

Please read these Terms carefully before using our services. By opening an account or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws. If you do not agree, you must not use our services.

1. Definitions and Interpretation

1.1 Key Definitions

2. Scope of Services

2.1 Core Custody Services

2.2 Service Limitations

3. Eligibility and Client Obligations

3.1 Eligible Clients

Our services are available exclusively to:

3.2 KYC and Onboarding

Before account opening, Clients must provide certified copies of constitutional documents, proof of registered address, beneficial ownership identification, source of funds documentation, and authorised signatory lists. Ongoing monitoring requirements apply throughout the relationship.

4. Instructions and Authority

4.1 Authorised Instructions

We act only on instructions from persons identified in your account documentation. Instructions may be submitted via the Digital Platform (preferred), SWIFT messaging, designated email addresses, or telephone (subject to call recording and verification).

4.2 Verification Rights

We reserve the right to verify the authenticity of any instruction, refuse to act on ambiguous directions, request additional confirmation for large or unusual transactions, and delay execution pending verification without incurring liability.

5. Asset Safekeeping and Segregation

5.1 CASS Compliance

5.2 Sub-Custody Network

Assets may be held through our network of 90+ sub-custodians globally. We apply rigorous due diligence in selecting and monitoring sub-custodians, but local market practices, legal frameworks, and settlement conventions may differ. Assets remain subject to applicable local law.

6. Fees and Charges

6.1 Standard Fee Schedule

ServiceBasisIndicative Range
Global CustodyBasis points on AUC1–4 bps p.a.
Transaction SettlementPer transaction£18–55
Corporate Action ProcessingPer event£30–80
Fund AdministrationBasis points on NAV5–15 bps p.a.
Platform AccessAnnual subscription£3,000–12,000
Regulatory ReportingPer submission£150–500

6.2 Payment Terms

7. Liability and Indemnity

7.1 Standard of Care

We will exercise reasonable care and skill in all Services. We are not liable for market movements, investment decisions, or losses arising from events beyond our reasonable control. Liability for third-party actions (including sub-custodians) is limited to circumstances where we failed in our due diligence obligations.

7.2 Limitation of Liability

8. Data Protection

We process personal data in compliance with the UK GDPR and our Privacy Policy. Your information is used solely to provide contracted services, meet regulatory obligations, and for risk management. Data is retained in accordance with our documented retention schedules and applicable law.

9. Digital Platform

Access to our Digital Platform is subject to separate Platform Terms. You are responsible for maintaining the security of all login credentials. We target 99.98% platform uptime. Scheduled maintenance is performed outside London business hours. We may suspend access immediately if we detect suspicious or unauthorised activity.

10. Termination

10.1 Client Termination

You may terminate this agreement on 30 days' written notice, subject to full settlement of outstanding fees, provision of asset delivery instructions, and completion of all pending transactions.

10.2 SCO AMERICA Termination

We may terminate immediately on material breach, client insolvency, regulatory requirement, or where the relationship presents unacceptable legal or reputational risk. All accrued obligations survive termination.

11. Complaints

To raise a complaint, please contact your Relationship Manager or email [email protected]. We will acknowledge within 5 Business Days and aim to resolve within 8 weeks. Unresolved complaints may be referred to the Financial Ombudsman Service.

12. Governing Law

These Terms are governed by the laws of England and Wales. Both parties irrevocably submit to the exclusive jurisdiction of the English courts. Material amendments will be notified with 30 days' notice; continued use constitutes acceptance.

13. Contact Information

+44 7441 433618 — Client Services (Mon–Fri, 8am–6pm GMT)
1 London Wall Place, London, England, EC2Y 5AU

Legal Notice

We recommend seeking independent legal advice before entering into this agreement. By proceeding with account opening, you confirm you have had sufficient opportunity to review these Terms and obtain professional guidance.