OANDA TMS Brokers

OANDA TMS Brokers participates in the Investor Compensation Scheme run by Krajowy Depozyt Papierów Wartościowych S.A. (National Depository for Securities), the purpose of which is to collect cash for the withdrawals up to the amount specified in the Polish Act on Trading in Financial Instruments. The Investor Compensation Scheme ensures protection of the investors' assets in the following cases:

declaration of bankruptcy or opening restructuring proceedings of the brokerage house or final dismissal of the application for bankruptcy due to the fact that the assets of this brokerage house are not enough or are only sufficient to cover the costs of the proceedings, or stating by the PFSA that a brokerage house is unable, for reasons closely associated with the financial situation, to fulfill its obligations arising from investors' claims and it is not possible to execute them in the near future.
The Investor Compensation Scheme secures the payment of the Client's funds reduced by the brokerage house's receivables from the Customer for provided services up to the equivalent of EUR 3,000 - 100% of the funds covered by the Investor Compensation Scheme and 90% of the surplus over this amount, with the upper limit of funds covered by the Investor Compensation Scheme is EUR 22,000. A detailed description of the principles of the clients' assets protection guaranteed by the Investor Compensation Scheme can be found in the Act and at www.kdpw.pl.

The scope of activities carried out by Dom Maklerski OANDA TMS Brokers S.A. based on the following licenses:
- Acceptance and transfer of orders to acquire or dispose financial instruments (Article 69 (2) (1)) - based on the authorization of the Polish Securities and Exchange Commission dated 26 April 2004, notification dated June 7, 2004 and extension dated October 29, 2009.
- Execution of orders to acquire or dispose financial instruments for the account of the principal (Article 69 (2) (2)) - based on the notification dated March 17, 2009.
- Acquisition or disposal ot the broker's account of financial instruments (Article 69 (2) (3))
- based on the notification dated October 17, 2008.
- Investment advisory (Article 69 (2) (5)) - based on the notification dated 7 June 2004, notifications of November 3, 2006 and of July 10, 2009.
- Safekeeping or registration of financial instruments, including keeping securities accounts and cash accounts (Article 69 (4) (1)) - based on the notification dated June 7, 2004.
- Advancing loans to finance transactions in one or more broker-traded financial instruments, if the transaction is effected through the intermediation of the investment firm advancing the loan (Article 69 (4) (2) - based on the notification dated June 7, 2004.
- Preparation of investment analysis, financial analysis and other general recommendations regarding transactions in financial instruments (Article 69 (2) (6)) - on the basis of the decision of December 20, 2010.
- Performing activities referred to in Article 69 (2) (6), whose subject matter are the derivatives base instruments indicated in art. 2 point 1 point 2 lit. d-f and i, if these activities are related to brokerage activities (Article 69 (2) (8)) on the basis of the decision of 20 December 2010.
- Performing activities specified in Article 69 (4) (5) of the Act of 29 July 2005 on Trading in Financial Instruments (hereinafter 'the Act'), ie performing activities consisting in currency exchange related to brokerage activities based on a decision of the Polish Financial Supervision Authority of July 5, 2011.
- Portfolio management, consisting of one or more financial instruments, based on Article 69 (2) (4) of the Act based on the decision of March 8, 2016.

Pursuant to the decision of the Polish Financial Supervision Authority of January 19, 2016, the company started its activity as a national payment institution from January 17, 2017.

In a situation when as a result of closing all open positions by OANDA TMS Brokers, a negative balance on the Client's Cash Account occurred and at the same time the Client does not have sufficient assets accumulated on other Cash Accounts in OANDA TMS Brokers, OANDA TMS Brokers, after deducting funds from other Cash Accounts, adjustments to closing transaction rates so that the balance on the cash account is 0 (zero).