The terms below are effective from 3 January 2018. See the terms effective until then »
To help you understand the main points of our terms and conditions and provide some guidance on how to navigate them we’ve put together this short summary. Please remember that this is only a summary and in case of any query the full terms and conditions will prevail. The comments in this summary relate to the General Terms, except where otherwise specified.
Before you decide to invest you should be sure to retain adequate emergency cash. We view around three months' salary a good starting point. We will help you decide which Nutmeg portfolio best suits your goals. This qualifies as simplified advice, which we have permission from our regulator to provide. See our Definitions or the FCA website.
We will provide you with a discretionary investment management service, which means that we make all investment decisions on your behalf. Once you have chosen a risk level for your portfolio and sent in your money, we will invest in the assets we believe will help you reach your investment goal. When we invest for you, we do so in line with our best execution policy which means we will try and get the best outcomes for you, such as prices and speed of execution. You can read more in Best Execution.
At the moment we invest exclusively in Exchange-Traded Funds (ETFs) though we may use other investment types in the future. Customer Investment Risks explains the risks of the investments we trade or may trade.
Our normal method of communication with customers is by secure email. We call it Nutmail. You must sign in to your account to read any Nutmail messages we send you. You can also contact us by web chat and telephone. Our support email address is email@example.com.
The minimum investment is £5,000. For ISAs and general investment accounts, the minimum is £500 if you also set up a £100 per month regular contribution. For Lifetime ISAs, the minimum is £100.
Fees and charges are explained in Fees and Charges Schedule. We charge a straightforward annual portfolio management fee based on how much you've paid in to your portfolio. The fee ranges from 0.25% to 0.75% including VAT.
In addition to our annual management fee, there is an underlying fund cost, relating to ETFs, as charged by those providers we use to construct your portfolio. These charges may vary from time to time. See the latest costs.
We are authorised and regulated by the Financial Conduct Authority and we will promptly respond to any complaints that you may have. All contact details are on the website as well as in these terms. We are also covered by the Financial Services Compensation Scheme, which provides protection of your investments up to a certain amount.
We store personal financial information to provide our services to you and we make every effort to protect the privacy of your information. We do disclose your information to third parties where it is relevant to the provision of our services.
You may terminate your agreement with 30 days notice. However, if you have a Nutmeg Personal Pension, you should tell us which pension provider we should send your money to. The amount of money you receive will take into account any gains or losses from market movements during the time it was invested.
If you want an ISA with us you will also need to sign up to the additional ISA terms so that you comply with the government (HMRC) regulations regarding ISAs, including the limit on total contributions in one year.
If you want a Lifetime ISA with us you will also need to sign up to the additional Lifetime ISA terms so that you comply with the government (HMRC) regulations regarding Lifetime ISAs, including the limit on total contributions in one year.
If you have a Nutmeg Personal Pension, you will need to agree to the Additional Terms for Customers with a Nutmeg Personal Pension provided by Embark Services Limited, our pension administrator.
All your assets and money are held with us and we have appointed State Street Bank and Trust as our sub-custodian (our “Sub-Custodian”), and your money is held with Barclays Bank plc (our “Client Money Bank”). You can read more in Custody and Nominee Companies and Client Money.
Finally, we are committed to taking measures to recognise, supervise and resolve any conflicts of interest. This is described in Conflicts of Interest.
We hope this summary gives you a good overview of our terms and conditions. The full details are set out below but should you have any questions, do please get in touch.
In these Terms and Conditions, references to:
These Terms and Conditions contain important information about the Services. You should read them carefully before accepting them. If you do not understand anything, please email firstname.lastname@example.org and ask for further information.
The Agreement will become legally binding, and we will start providing the relevant Services to you, when we receive (a) confirmation that your Account is complete; and (b) satisfactory answers to our anti-money laundering enquiries (see clause 8.3 below).
The Services are only available to (a) UK residents; and (b) non-UK residents if they hold a UK passport, and we are able to confirm their status and identity.
We will provide you with some or all of these services, under the terms of the Agreement:
If we provide a Service to you, we will assume you are a retail client, and you will benefit from the protections available to retail clients under the rules in the FCA’s Handbook of Rules (FCA Rules). If you would like further information about this, you can ask us using Nutmail or by emailing our Compliance Officer email@example.com.
If you hold an Account jointly, we will treat each of you as our customer.
If you are the trustees of a trust, we will treat each of you as our customer, instead of the beneficiaries of the trust.
If you are the agent of someone else, we will treat each of you and your principal as our customer.
In each of these cases, we will be entitled to take our instructions from any one customer, as if they were given by all of our customers; if we make a payment to any one customer, it will be treated as if we made it to all of our customers; and if a customer has an obligation to us, we will be entitled to require each and every customer to meet or satisfy that obligation on behalf of every other customer.
We give Simplified Advice using a streamlined process to meet straightforward investment advice needs. You accept that Simplified Advice is only appropriate if (a) you do not need to reduce your debts; (b) you already have a reasonable amount put aside for emergencies; (c) you already have insurance to protect your family, if something happens to you; (d) you can meet your immediate financial needs; and (e) you still have some disposable income or capital to invest.
Our advice is restricted to the specific need expressed for your investment pot. When ensuring the advice is suitable, we will not consider your wider financial needs or circumstances, or the financial products you may already have. We only advise you about Nutmeg products and Services. We do not consider other products and services that might be suitable or more suitable for your needs.
We can help you transfer other investments into your Portfolio, but we will only do this if you ask. We do not advise on the suitability of investments we do not manage.
Your Account includes the information you have given us about (a) you; (b) your financial circumstances; (c) your knowledge and experience of investments and investing; (d) your attitude to risk; and (e) your investment objectives (your Information). We will use your Information to manage your Portfolio. You may change your Information at any time by updating your Account, although we reserve the right to amend the Agreement if you do. You accept that we will treat the Information as accurate and complete, unless and until you change it by updating your Account.
We will manage your Portfolio on a discretionary basis, using the Information to help us. We will manage each pot in your Portfolio with reasonable care and skill. You authorise us to enter into any kind of arrangement or transaction on your behalf. We may invest any amount or any proportion of your Portfolio in any one investment or investment type, and we may do so in any currency, and on any market.
If we decide to buy or sell an asset on your behalf, we will use the Information to decide if the proposed transaction is suitable for you.
We will provide you with a suitability report which explains our Portfolio management strategy, and we will amend that report if the Information changes.
We may make common investment decisions, which apply to a number of customer portfolios including yours.
You accept that we cannot guarantee the performance of any particular investment; that investments carry risks; and the risks include those described in section 48.
If you send us money, without telling us which Pot you want to pay it into, we reserve the right to allocate it to your/one of your pot/s.
The minimum investment for each Pot is:
ISA & General Investment Account
If you make a withdrawal from an ISA or your general investment pot, and the value of the ISA or Pot falls below £500, we may convert the remaining investments into cash. You may withdraw this cash at any time. If you top-up the relevant ISA or Pot and the balance reaches £500, the cash will be reinvested.
To be a Nutmeg customer you must be at least 18.
To open an Account, you must be (one of) the named holder(s) of a UK bank account (UK Bank Account).
We are required to verify your identity, when you join Nutmeg, and periodically thereafter. When we do this, we may use your personal data (as that phrase is used in and defined by European law) to carry out electronic searches on private and public databases. We will keep records of the information we obtain, when we do this. We may use credit reference agencies, and they will record the fact that an enquiry has been made. You accept that we may do each of these things, and that our use of credit reference agencies will generate a record of this kind. In some cases, we may need to ask for additional information or documents from you. If this happens, we will send you a secure Nutmail and you agree to provide us with the information and documents we ask for within a reasonable period. You accept that if you do not do this, we may freeze your Account or take other action against you or with respect to your Account.
The base currency of your Portfolio is Sterling.
We invest primarily in Exchange Traded Funds, although we may also invest in other Exchange Traded Products such as Exchange Traded Commodities.
We may invest in fixed interest securities issued by governments, governmental bodies, quasi-governmental bodies, local authorities, and corporate bodies in the UK and overseas.
We may invest in authorised and unauthorised collective investment schemes in the UK and overseas.
We may invest in equities, including investment trusts, listed on recognised stock exchanges in the UK (e.g., the London Stock Exchange) and overseas (e.g. the New York Stock Exchange).
Under the terms of the Markets in Financial Instruments Directive (“MiFID”), we are required to put in place an order execution policy and to take all reasonable steps to obtain the best possible result on behalf of our clients when executing orders.
Quality of Execution
We are a discretionary investment manager. We aggregate all client orders and trade on a consolidated basis.
When executing these orders, we take all reasonable steps to achieve best execution. We have procedures designed to obtain the best possible result for you.
We will determine the best possible result by considering the price of the relevant investment, and the total cost of buying or selling it.
In executing an order under our execution policy, we will take into account the following execution factors, based upon the following priority:
When executing a customer order, we will take into account the following criteria for determining the relative importance of the execution factors:
We will use our discretion to determine the appropriate execution venue for a trade, which may include, without limitation, an exchange, multilateral trading facility or a broker.
Our main execution venue is the London Stock Exchange, using a Retail Service Provider platform, Bloomberg EMSX, or an Authorised Participant. We may also deal directly with certain execution counterparties.
We will only execute trades on a regulated market or multilateral trading facility.
Review and Monitoring
We will review the effectiveness of our order execution arrangements (including the venues that we use) and the execution policy on an annual basis (and also on an ad hoc basis in response to any material change affecting a relevant execution venue). We will monitor our compliance with the policy, making enhancements to it or to our order execution arrangements where necessary and advising you of such changes and/or our on-going compliance with the policy, as appropriate.
In exceptional circumstances, such as technical faults leading to loss of connections with an execution venue, we may have to use other execution methods than those listed above.
The instruments that we may trade in include the following:
The risks of these types of Investments are covered in Customer Investment Risks section.
We only trade on a bi-weekly basis. However, we may change the day we trade, and we reserve the right to trade more frequently if we regard it as necessary or desirable to do so.
Further information relating to the quality of execution obtained and our top five execution venues can be found here.
Nutmeg’s policy is:
In addition, FCA rules require us:
When making investments on your behalf, if the amount to be invested does not allow us to purchase a whole share, we will round down to the nearest number of whole shares. For the remaining funds, we will create fractional entitlements ensuring the Portfolio is always balanced and constructed in line with your chosen risk.
If you hold fractional entitlements, you will have sole beneficial interest to the entitlement. We will hold these on your behalf in line with the FCA Rules (see section 14 below).
In the case of an in-specie ISA transfer out, we will liquidate all fractional holdings and send the Portfolio as a combination of whole shares and cash.
Nutmeg is your Custodian and passes all client assets to a Sub-Custodian, chosen by us in accordance with the FCA Rules. Your investments will be held by the Sub-Custodian (a) in compliance with the FCA Rules; (b) securely in a pooled client account; and (c) without being mixed with our assets or the assets of the Sub-Custodian.
Nutmeg is not responsible for the acts, omissions or defaults of the Sub-Custodian, only for taking care in its choice and monitoring of the Sub-Custodian.
Nutmeg will keep a record of your entitlement to investments in a pooled client account. In these situations:
Our Sub-Custodian will inform us of any rights issues, takeover offers, capital reorganisations, conversion or subscription rights (collectively “corporate actions”) that affect or relate to your investments. We will act on your instructions in relation to such corporate actions, including any standing instructions that you have given to us.
Our Sub-Custodian will be responsible for claiming and receiving dividends and other entitlements automatically arising in respect of your investments. We will reflect these entitlements in your account and hold them in accordance with the FCA Rules in respect of Client Money.
Sometimes our Sub-Custodian may receive dividends, interest and other rights or payments after local withholding taxes or other deductions. You accept that our Sub-Custodian may, when required to comply with legal or regulatory requirements, withhold or deduct tax or other amounts from such payments. Costs incurred by our Sub-Custodian when complying with these obligations may be deducted from your Account. If you are eligible to reclaim any such withholdings or deductions it will be your sole responsibility to do so.
Nutmeg and our Sub-Custodian will not lend your investments to anyone else, or use them to raise finance.
For certain products where we use a third-party administrator (e.g. Personal Pension) we will act as Custodian. By accepting these terms of business, you grant authority to Nutmeg to provide information to the third-party administrator to take such action in relation to your investments as Nutmeg may be required to under the arrangements that have been agreed with us or the third-party administrator.
In some cases, transactions will be subject to netting. You agree, in respect of any transaction which is subject to netting, to discharging the settlement obligations on a net basis in accordance with the rules of the relevant central counterparty ("CCP"), central securities depository ("CSD"). You acknowledge that if net settlement takes place then Nutmeg will only be obliged to account to you for any investments or cash in connection with the transaction on a net basis.
Transactions executed on your behalf may settle in the books of a CCP, CSD or other body or Sub-Custodian combined with transactions for the account of other clients of ours. If this happens then we will allocate between our clients the cash or investments received by it or on its behalf as a result of the settlements in accordance with the client trades, we have notified to it. If we receive cash or investments for trades that were intended to settle at the same time (but which, for whatever reason, do not do so), then we will allocate that cash or investments received by it on the following basis:
In order to settle transactions on your behalf, we will need to deal with the other party to the transaction (the “counterparty”) and sometimes transactions will be settled through a CCP or CSD or other depositary transfer agent or similar body. When we deal with these parties, it does so as your agent, in good faith and on the basis, that:
If in future we hold overseas investments, certain overseas markets may require us to register your investments in the name of another Sub-Custodian. We will inform you of any additional terms in advance.
You expressly authorise us to grant our Sub-Custodian the right to retain any cash, or sell any investments, in order to meet any liabilities arising in connection with the provision of its services to us or you, and to deduct or set-off any amount owed to it from that cash or those investments for that purpose.
We are not obliged to tell you before terminating our relationship with a Sub-Custodian and appointing a replacement; but we will tell you, if we do.
If we hold uninvested money for you, we will take reasonable steps to identify a bank with a competitive interest rate and deposit that money with that bank (the Bank), together with other clients’ money. The rate of interest payable on that account will be determined by the Bank. However, the amount that is credited to your Account will be determined by the Bank and us, and we will tell you what it is from time to time. Any interest will be calculated on a daily basis and paid to your Account every six months. We may decide not to pay this interest to your Account until it reaches a minimum threshold.
Your money is held in a designated client bank account by the Bank, in compliance with the FCA Rules. This means, amongst other things, that our Client Money Bank will hold your money in a designated client bank account which is an account kept separate from our own funds.
When considering which Client Money Bank to use, we will exercise due skill, care and diligence and will periodically review the adequacy and appropriateness of any bank or credit institution where your money is deposited and of the arrangements for holding your money. It is important to note that we are not responsible for any acts, omissions or default of a credit institution or bank chosen by it but only for taking care in its choice and monitoring.
Your money may be pooled with money belonging to our other clients. If it is, you will not have a claim for a specific sum in a specific account. Your claim would be against the pool and, if there is a shortfall, you would share pro rata in that loss.
The designated client bank account may be outside the UK if the Bank has confirmed that (a) it holds the money in that account as trustee; and (b) it is not entitled to combine or set off that money in any way. Even so, if the Bank cannot or does not meet its obligations, the money in that account may not be treated in the way that it would have been treated, if the account had been held in the UK.
We may pass your money to a settlement agent outside the UK. If the agent cannot or does not meet its obligations, your money may not be treated in the way that it would have been treated if the settlement agent was in the UK.
If any money held by the Bank is unclaimed after 6 years, we may stop treating it as your money and include it in our own assets. We will only do this after we have taken reasonable steps to trace you and return the money to you. If you later show a valid claim to this money, we may pay you what you are owed.
If we undertake a transaction, and that involves transferring your money or investments to an exchange, clearing house, broker, settlement agent or other relevant party as Margin, Collateral or for another reason, your money or investments may be at risk. You accept that this is the case.
We are not obliged to tell you before terminating our relationship with the Bank and appointing a replacement; but we will tell you, if we do.
Income earned on the investments held in your Portfolio, which is payable to you, will be remitted to your Portfolio and may be reinvested.
Nutmeg is covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the FSCS if we cannot meet our obligations to you. However, this does not apply simply because an investment does not perform as expected. More information is available from the FSCS: www.fscs.org.uk.
If we are declared insolvent, your investments will be sold. We will make reasonable efforts to obtain the best market price for you.
Cash held outside a tax wrapper will be returned to your UK Bank Account. Our nominated custodian will contact you within 90 days of the declaration of insolvency about the cash held in a tax wrapper.
If Nutmeg and our nominated custodian are declared insolvent, you will need to register a claim with the FSCS, if applicable.
We accept payments from any UK account, which you are authorised to use, by debit card; direct debit; and bank transfer.
When you make a payment by debit card or direct debit, your payment will be processed by a third party that is subject to the Payment Services or Electronic Money Regulations. These payments typically take 3 business days to reach us (with a maximum of 7 business days), during which time the money is held by the relevant service provider in an account protected by the relevant regulations.
We are obliged to comply with the Money Laundering Regulations. To do that, we may occasionally need to ask for proof that a payment received by Nutmeg has originated from your UK Bank Account. We may also have to ask for evidence that your wealth is from a legitimate source. If we make what we regard as a reasonable request for these purposes, you agree to comply with it.
We will only pay money to the UK Bank Account. If you request a withdrawal within 60 calendar days of a debit card payment we reserve the right to return the funds to source.
If you cancel a direct debit or debit card payment after we have claimed or received the funds, we will return the money and debit your Account. If we need to sell some of your assets to settle amounts outstanding on your Account, we will do so, and you may incur a profit or loss. If your Account becomes overdrawn, we will ask you to settle that overdraft, and you agree to do so within a reasonable period.
We typically only transfer cash to or from you. In exceptional circumstances where we agree to transfer an account 'in-specie', we will levy a charge per investment (line of stock). The charge is included in the Schedule of Fees.
We reserve the right to only make external payments to and to accept payments from the bank account stated in your Account.
In order to provide Services to you we need to collect, use, share and store personal financial information about you, including your personal information. We make every effort to protect the privacy of our customers' personal information. Other than as set out below, your personal information will not be disclosed, transferred or sold to any third party for any purpose.
You authorise us to use any of your personal information which is relevant to our provision of Services to you for all reasonable purposes in relation to your Portfolio. We may retain and continue to process your personal information after the termination of the Agreement or any other agreement between you and us. Your personal information may be transferred or disclosed to third parties where necessary. This enables us to provide Services to you and to discharge our obligations to third parties, including relevant stock exchanges, government agencies and regulators. Your personal information may be transferred outside of the European Economic area.
With your consent, your personal information may be used by us in order to provide you with information and marketing materials in relation to our other products and Services. By entering into the Agreement, you confirm your wish for your personal information to be processed for these additional purposes. If you do not wish your personal information to be processed in this way, please notify us by Nutmail or by contacting the Data Protection Officer at firstname.lastname@example.org.
You can request copies of your personal information held by us or any service provider we appoint to provide you with the Services under the Agreement by notifying us by Nutmail or by contacting us at email@example.com. We reserve the right to charge a fee for providing you with this information. The charge is included in the Schedule of Fees. You should notify us if any of the information held is incorrect.
If you have been introduced to us by one of our partner organisations, you authorise us to share your personal information with them.
Occasionally we may receive requests from third parties, such as financial advisers, for information that we hold on file for you. These requests are often coupled with a lengthy questionnaire requesting details of your holdings with us. In this instance we will verify the documentation sent to us and supply the relevant information. We will inform you via Nutmail that we have released your information and if there is any doubt about the validity of the request, we will always seek your confirmation by Nutmail before passing over any information.
We may communicate with you at any time including, when appropriate, by telephone.
You can give us instructions and notifications about your Portfolio using Nutmail or our website. We are not obliged to act on an instruction. If we do act on an instruction, we will do so as soon as reasonably practicable after we have received it.
We may act on any instruction or notification we believe in good faith is from you, without carrying out any further checks or investigations. We will not be liable for following an instruction or notification which is not genuine; or for investigating, not investigating, or not following any instruction or notification that we believe may not be genuine. We will not be liable for any error of transmission or misunderstanding, or for the fraud of any other party (except in the case of our negligence, wilful default or fraud as described in section 28 below). We are not obliged to acknowledge receipt of your instructions.
We will send all notices, information and other correspondence to you by Nutmail or to the email address set out in the Client Agreement Form or designated by you in your Account. If we send you a letter, it will be addressed to you at the postal address set out in the Client Agreement Form, or in your Account, and will be deemed to be delivered on the second business day after posting.
We record and monitor the telephone conversations and electronic communications that we have with you. We will store these records for at least seven years, during which they will be available to you on request.
We cannot guarantee that electronic communications will be successfully delivered to you, or that they will be secure and virus free. We will not be liable for any loss, damage, expense, harm or inconvenience caused as a result of an email being lost, delayed, intercepted, corrupted or otherwise altered or for failing to be delivered for any reason beyond our reasonable control.
All communications in relation to the Services will be in English.
If we provide discretionary management services to you, we will send an electronic statement and valuation report every quarter.
If your employer requires confirmation that we have provided discretionary management services to you, we will provide this electronically, free of charge. If an original signed copy letter is required, we can write to you. Requests to issue certification letters should be sent to us by Nutmail.
If you have a complaint about our Services, please tell us by Nutmail or by emailing our Head of Customer Support at firstname.lastname@example.org. We will acknowledge your complaint within 5 working days. After that, we will investigate your complaint and keep you informed of progress. Within 8 weeks of receiving your complaint we will either (1) send you a "final response", which accepts your complaint and offers redress or remedial action; or offers redress or remedial action without accepting your complaint; or reject your complaint and explain why we have done this; or (2) explain why we have not been able to complete our investigation, and inform you that you may then refer your complaint to the Financial Ombudsman Service (FOS).
The address of the FOS is Exchange Tower, London E14 9SR www.financial-ombudsman.org.uk. Certain customers, such as larger companies and trusts, may not have access to the FOS.
No provision of the Agreement will be deemed to restrict, qualify or exclude any duty owed to you under FSMA or the FCA Rules. We do not, however, owe you any further duties except as expressly set out in the Agreement.
We have a Conflict of Interest Policy, which is reviewed at least annually.
We are committed to taking measures to recognise, supervise, examine and resolve conflicts of interest. We recognise that it is not possible to eliminate all sources of conflict of interest; however, safeguarding customers' welfare remains our primary objective. This policy encompasses the relationships with customers and third party contacts.
We define a conflict of interest as being either:
We have identified areas where a conflict of interest may arise. They include, but are not limited to:
Protocols have been developed and introduced to manage conflicts of interest. Our employees are provided with relevant training about the protocols and standards of conduct expected thereafter. Our management remain responsible for ensuring the protocols and resources are sufficient to identify and attend to a conflict as it may arise.
We maintain an internal log of conflicts that arise, listing how each conflict was monitored and any solution which was developed and applied to resolve the problem and to prevent the customer's interests from being disadvantaged.
We have in place protocols to prevent unauthorised access or inappropriate dissemination of information.
Where our functions could create an internal conflict our duty lines are kept separate and individual management and reporting structures are established. The operations functions are maintained and conducted separately from the front office functions and in both an appropriate level of qualification, expertise and supervision is applied.
Staff remuneration is by means of a basic salary which is not linked to the underlying performance of the company. A remuneration committee agrees and monitors awards to achieve consistency and equitability and does not lead to conditions which may foster conflict.
We do not give or receive inducements. i.e. fees or commission from third parties, except acceptable minor non-monetary benefits.
Minor non-monetary benefits will be acceptable with respect to the service that we provide to you if:
Examples of acceptable minor non-monetary benefits include, but are not limited to: Participation in seminars and other training events on the benefits and features of a specific financial instrument or an investment service: and hospitality of a reasonable minimal value, such as food and drink, during a business meeting, conference, seminar or training event etc.
Any research that we receive from third parties will be paid for directly from our own resources.
Personal account dealing rules are enforced for each member of staff.
Where we are unable to resolve a conflict of interest we will notify you formally by email. This disclosure will permit you to evaluate whether it is appropriate to continue using our services in respect of the pertinent conflict.
Where we have examined the conflict of interest and its cause we may inform you of our decision not to act on your behalf if we determine no other course of action is possible.
We accept responsibility for any loss, damages or costs suffered or incurred by you only to the extent that such loss arises directly from our gross negligence, wilful default, fraud; and/or the breach of any duties which we owe you under FSMA, rules and regulations made under FSMA or FCA Rules. We will not be liable for any other losses, damages or costs suffered or incurred by you.
We will take reasonable care in the assessment and appointment of Sub-Custodians, pension scheme administrators, bankers, counterparties, agents and other third parties. We accept responsibility for any loss, damages or costs incurred by you only where these arise from our, negligence, wilful default or fraud in the assessment or appointment of such persons. We will not be responsible in any other circumstance for the actions of any such third parties.
All tax matters relating to your own tax position are your own responsibility and we have no responsibility towards you with regard to your personal tax position.
Where you have selected a Nutmeg Personal Pension, we do not take responsibility in relation to the transfer of benefits from another registered pension scheme to your plan. The responsibility of Nutmeg for any money or investments only arises when such money or investments become part of your plan and we will only accept the transfer of defined contribution schemes.
You will be liable to us for any cost, expense, loss or any damage incurred by us (including but not limited to professional advisors' fees) arising from your breach of the Agreement, and/or your negligence, wilful default or fraud.
We will not be held responsible for failing to fulfil our contractual obligations as a result of any situation, condition or event beyond our reasonable control (Force Majeure Event).
A Force Majeure Event may include but is not limited to an act of Parliament, an act of God, acts of terrorism, strike or riot, extreme movements in the price of a security, the breakdown of communication or electronic equipment or anything else that may reasonably impede our ability to act in line with the Agreement.
We will take all reasonable steps to act in your best interests when a Force Majeure Event occurs and may suspend or alter part or all of the Agreement, to the extent that we can no longer comply with the terms in question.
We may amend the Agreement by giving you 10 business days' notice by Nutmail and/or email. If we are required to amend these Terms and Conditions or the Agreement for reasons of compliance with the FCA Rules, or any other applicable law or regulation, however, we may do so with immediate effect.
You do not have the right to assign or transfer your rights or obligations under the Agreement to any other party.
We may assign our rights and obligations under the Agreement at any time. We will tell you before such an assignment takes effect.
We reserve the right to perform any of our obligations to you through the agency of an associate or any third party of our choosing. This means that we may appoint another person or entity to provide the Services to you under the Agreement. We will take all reasonable steps to satisfy ourselves that any person whom we appoint to provide any Services to you or to perform any of our obligations on our behalf is suitably competent to do so. We will ensure that all such parties commit to provide you with best execution as set out in the FCA Rules where this is applicable.
We may offer to refer you to third parties that can provide additional services. We will not do this without your agreement. We may also accept referrals from third parties.
The Agreement and any dispute or claim arising out of or in connection with it will be governed by and construed in accordance with the law of England and Wales.
The parties irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement.
A person who is not a party to the Agreement cannot enforce or enjoy the benefit of any of its terms under the Contracts (Rights of Third Parties) Act 1999.
You may terminate the Agreement at any time, by giving 30 days’ notice by Nutmail or through the website, subject to the settlement of all outstanding transactions. The charges within the Schedule of Fees will apply. We may pass on to you charges levied by third parties as a result of the termination of the Agreement. Transactions already in progress will be completed in the normal course of business.
We may terminate the Agreement by giving you 30 days' notice by email, subject to the settlement of all outstanding transactions.
On termination of the Agreement, we will, following payment in accordance with clause 35.1 and settlement of all outstanding transactions, re-register your assets and transfer your cash as you reasonably request. If you make no reasonable request, we will take steps to re-register your assets in your name and to transfer your cash to you at our discretion.
After you close your Account, it is possible that further monies may reach your account (for example, dividend payments). However, if the balance of your account is less than £25, six years after the closing of your Account and we have made at least one attempt to contact you to which you have not responded within 28 days, we reserve the right to pay that small balance to a registered charity of our choice.
After you close your Account, it is possible that further monies may reach your Account (for example, dividend payments). However, if the balance of your Account is less than £1, six months after the closing of your Account, we reserve the right to pay that small balance to a registered charity of your choice.
We cannot help with the administration of a deceased customer’s account until we receive an original or certified copy death certificate (Death Certificate).
When you die, your ISA assets will lose their tax-free status. This means the income and capital gains on your ISA investments will no longer be tax exempt. If you were the sole owner of an ISA or LISA, we will sell the stocks and shares in your account(s), and hold the proceeds in cash for the benefit of your estate, unless we are specifically asked not to do this, within 30 calendar days of receiving your Death Certificate. Once the process has been completed, and the funds administered, the account will be closed.
Nutmeg does not accept Additional Permitted Subscriptions (APS). If you die, and your surviving spouse or civil partner would like to use any APS that might be available, they will need to find an ISA manager that accepts APS. When we receive appropriate confirmation of your death (clause 36.1), we will work directly with the new ISA manager by confirming the available APS allowance, and arrange the transfer of your assets, where appropriate.
We will mark any Account as dormant if it has been inactive for at least one year to protect both you and us. If you ask us, we will tell you how you can access your Account. If you have money in a dormant Account, it will remain your property (or if you die it will form part of your estate).
You have 30 days to cancel your Account; ISA, Lifetime ISA or Nutmeg Personal Pension.
In the case of an Account or Nutmeg Personal Pension, the cancellation period will begin on the later of (a) the date on which the relevant Account or Pension was opened; and (b) the date you received a copy of these Terms and Conditions, and any other pre-contractual information about the relevant product.
In the case of an ISA or LISA, the cancellation period will begin on the date of you make your 1st subscription.
If you wish to cancel, you must send us a Nutmail or email to email@example.com, expressly stating that you wish to cancel.
If you cancel a product, we will sell the investments in the relevant Account, wrapper or pot. We will not be responsible for any market loss you incur as a result.
We are not obliged to reverse a subscription to an ISA or LISA when we cancel these products.
When you open a Nutmeg Personal Pension, you will be given the option to waive your right to cancel that product. If you waive your right to cancel, we will open the Pension, all applicable charges will begin to apply, and we will no longer be able to return of your pension contributions.
These terms and conditions are effective from 3rd January 2018.
This section contains additional terms and conditions that will apply if you subscribe for an ISA or LISA (LISA). It should be read in conjunction with the Nutmeg ISA/LISA Application Form and/or Nutmeg ISA Transfer Form.
Your investments will be registered in our name. You will always be the beneficial owner of your investments.
You must not use the investments and/or cash in your ISA/LISA as security for a loan except to the extent permitted by the Individual Savings Account Regulations 1998 (the Regulations).
At your request, we will transfer all or part of your ISA/LISA investments (with the associated rights and obligations) to another ISA/LISA manager, subject to HMRC's transfer rules.
We will process any withdrawal or transfer request promptly and normally within the 30-day maximum period stipulated by HMRC, subject to circumstances outside our control. Should you wish the withdrawal or transfer to take place at a particular time, we will endeavour to meet this request. However, in the case of transfers, we are reliant on the receiving manager and cannot guarantee to do so.
You authorise us to disclose to HMRC all such information as required by law. We will notify you by email if, by reason of any failure to satisfy the provisions of the Regulations, your ISA becomes void.
You are subscribing for an ISA for the current tax year and every subsequent tax year.
You can only subscribe to one ISA in each tax year.
To subscribe for an ISA, you have to be a UK resident aged 18 or over.
The agreement will commence on the day we have both a valid application and receipt of your first subscription or, where you are transferring to us from another ISA manager, on the day we have both a valid transfer application form and receipt of the proceeds of transfer from your previous ISA manager.
Investments into an ISA may be by bank transfer, debit card, transfer of cash from an existing Portfolio held with us or by transfer from another ISA manager (subject to HMRC's ISA transfer rules).
The total value of contributions to be invested in any tax year will not be more than the maximum permitted to be invested in an ISA by the Regulations for that tax year.
All contributions made to your Account within each new tax year will be allocated first to your ISA until the maximum subscription or your own pre-set limit is reached for that year. Once the maximum subscription or your own pre-set limit is reached, future contributions will be allocated to the non-ISA remainder of your Account, which we call the general investment account.
You are subscribing for a LISA for the current tax year and every subsequent tax year.
You can only subscribe to one LISA in each tax year.
To subscribe for a LISA you have to be a UK resident aged 18 or over.
To open a LISA, your first subscription must be made before your 40th birthday. If you are subscribing by debit card, the subscription date will be the day on which you make your first payment, but funds may take 3 working days to clear into your LISA. For bank transfers, the subscription date will be the date the payment is applied to your LISA.
The Agreement will commence on the day we have both a valid application and either (a) receipt of your first subscription; or (b) receipt of the proceeds of transfer from another LISA, ISA, or Help to Buy: ISA manager.
Investments into a LISA may be by debit card. Other payment methods may be available over time. We will tell you when this happens.
You may only contribute to your LISA until the day before your 50th birthday.
The total value of the contributions to be invested in any tax year will not be more than the maximum permitted to be invested in a LISA by the Regulations for that tax year.
If your LISA contributions qualify for a government bonus under the Regulations, we will claim and apply that bonus to your LISA account in accordance with the Regulations.
Bonus rates are set by the government and are subject to change. Nutmeg will communicate any changes in this rate to you.
You may make withdrawals from your LISA at any time.
However, in the tax year ending 5 April 2018, if you make a withdrawal, it must be for the whole of the funds in your LISA. If you do this, we will reverse your contributions and close your account; and you will be able to open a new LISA with another provider, if you wish.
As per the Regulations, a 25% penalty deduction will be applied to a withdrawal unless:
If the Regulations change and these requirements change, we will tell you.
Nutmeg does not accept responsibility for any loss you sustain as the result of your decision to make a withdrawal.
This section contains additional terms and conditions applicable to the Nutmeg Personal Pension.
We have entered into an agreement for Embark Services Limited (ESL) to operate the Nutmeg Personal Pension on behalf of our clients. ESL is a company registered in England, company number 2089815, and is authorised and regulated by the FCA.
The agreement for your plan is between you and ESL, and will consist of these Additional Pension Terms and the declarations contained in the on-line application.
Please see here a full list of ESL’s Terms and Conditions (pdf).
We have set out below a summary of the nature and risks associated with the types of investments we may include in your Account, subject to your Objectives as notified to us. This information is not intended to constitute a comprehensive statement of all the risks to which investors might be exposed and there may be others that exist now, or which may arise in the future.
The main general risks associated with investing are as follows:
We primarily invest in Exchange Traded Funds (ETFs), although on occasion we may invest in other Exchange Traded Products (ETPs) such as Exchange Traded Commodities (ETCs). For the purposes of these terms, these are collectively referred to under the term ETFs.
We invest in ETFs listed on recognised stock exchanges in the UK (e.g. the London Stock Exchange) and overseas (e.g. the New York Stock Exchange).
The main risks associated with investing in ETFs are:
Fixed Interest Securities
We may invest in fixed interest securities issued by governments, governmental bodies, quasi-governmental bodies in the UK (and overseas), UK local authorities and corporates in the UK (and overseas).
The main risks associated with investing in fixed interest securities are:
Collective Investment Schemes
We may invest in units/shares issued by collective investment funds both in the UK and overseas, that are authorised by an approved regulator or are unauthorised.
The main risks associated with investing in collective investment funds are:
UK and Non-UK Equities
We may invest in equities, including investment trusts, listed on recognised stock exchanges in the UK (e.g., the London Stock Exchange) and overseas (e.g. the New York Stock Exchange).
The main specific risks associated with investing in equities include:
We may affect transactions on your behalf in an investment denominated in a currency other than the agreed base currency of your Portfolio (which is the currency in which your Portfolio is valued).
A movement in exchange rates may have a separate effect, unfavourable as well as favourable, on the gain or loss otherwise experienced on the investment concerned. In addition, if you deposit collateral denominated in one currency, you may be subject to margin calls in circumstances where the obligations secured by such collateral are denominated in another currency (in addition to the risk of margin calls for fluctuations in relative values). Some currencies are not freely convertible, and restrictions may be placed on the conversion and/or repatriation of your funds including any profits or dividends.
The base currency of your Portfolio will be Sterling.
Our principal service is discretionary investment management where your individual Pots are managed in accordance with each customer's requirements as set out in your Account. This means that we have discretion over both asset allocation and individual security selection in relation to the assets held in your Portfolio. This means that your Portfolio and its performance will be specific to you, even when compared to a portfolio with a broadly similar mandate.
We have a core investment and asset allocation process.
We regularly monitor portfolios to ensure they behave within an acceptable range of returns and reference Nutmeg performance against comparative benchmarks. Customer performance can differ from the average return for a chosen risk level due to size of customer portfolio, movements of cash in or out and customers changing their risk level.
Our fees and charges are calculated as a percentage of your total assets under management with us. From January 2017, this calculation is based on a tiered structure (similar to the tax system) as shown in the table:
Fixed allocation portfolio: total value of assets under management
Annual Management Fee
0.45% incl. VAT
£100,000.01 and above
0.25% incl. VAT
By way of an example, for a customer who invests £300,000 with us split equally between fully managed and fixed allocation portfolios, they would pay fees of:
Our quoted fee is inclusive of VAT.
By default, we will always return money to the bank account you registered with us. If you requested a withdrawal within 60 calendar days of a debit card payment we reserve the right to return the funds to source.
When you cancel a direct Card payment ("chargeback"), we will debit your Account by the amount being reimbursed. In the event that there is insufficient money in your Account we will convert assets in your account into cash as required and hold you liable if the account is in debit.
In Specie Transfers
We typically only transfer cash to or from you. In exceptional circumstances where we agree to transfer an account "in-specie" we will levy a charge per investment (line of stock) as itemised below.
We reserve the right to only make external payments to and to accept payments from the bank account stated in your Account.
Subject Access Requests (Data Protection Act)*
In Specie transfer
£20 per stock
* We reserve the right to refuse or charge for requests that we deem manifestly unfounded or excessive.
In addition to our annual management fee, there is an underlying fund cost, relating to ETF’s, as charged by those providers we use to construct your portfolio. These charges may vary from time to time. See the latest costs.
Business Days means any day on which the London Stock Exchange is open for trading.
HMRC means Her Majesty’s Revenue & Customs.
Margin or Collateral is where your money or investments are passed to a Relevant Party in order to provide security against the performance of obligations.
Money Laundering Regulations means The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.
Netting is the process under which Nutmeg and/or the counterparty, central counterparty, central securities depository or other body concerned with settling a transaction are entitled to reduce their obligations to each other by setting off their obligations to deliver cash or securities to one another. This will give a single amount owing to one party from the other rather than a two-way payment. This single amount will then be paid or delivered to the Relevant Party.
Relevant Party includes an exchange, clearing house, intermediate broker, settlement agent or a counterparty dealt with directly (over the counter) outside of any exchange. The Relevant Party may be located in the UK or elsewhere.
Simplified Advice is advice that is limited to one or more of a customer's specific needs and does not involve analysis of the customer's circumstances that are not directly relevant to those needs.
Sub-Custodian refers to a third party custodian (or its nominee company) who Nutmeg selects under the FCA Rules to act on its behalf to keep safe and administer your investments.