Where does the ICF's money come from, and how must it be invested?
The Fund's sources of money, why contributions are almost never refunded, borrowing when money runs short, insurance, the 70% and 10% investment rules, and when dormant client money may be paid to the Fund.
By the ExamPass CY editorial teamLast reviewed 6 min read
Topic 7 of 8 · all topics in this chapter
Short answer
The ICF is funded mainly by its members: initial contributions on joining, regular annual contributions based on covered clients' eligible funds and instruments, and extraordinary contributions that CySEC calls when money runs short. Investment income, donations, fees, unclaimed client money and some transferred client money add to it. Contributions are never refunded, except a miscalculated overpayment this year or a refused licence. With CySEC's consent the Fund may borrow or insure. At least 70% of its assets must be in safe placements, and at least 10% in interest-bearing current accounts with banks in Cyprus.
ICF funding at a glance
| Point | Rule |
|---|---|
| Initial contributions | Paid on joining, according to the investment services applied for |
| Annual contributions | Based on each member's yearly audited statement of covered clients' eligible funds and financial instruments |
| Extraordinary contributions | Called by CySEC's decision after the Fund gives written, reasoned notice that its money is insufficient |
| Other resources | Investment income; donations; members' fees for running costs; unclaimed client money; client money transferred on licence withdrawal, which becomes the Fund's after 3 years |
| Refunds | None, except an overpayment from miscalculating the current year's contribution, or where CySEC rejects the applicant's licence |
| Borrowing and insurance | Both need CySEC's consent: borrowing from banks in Cyprus or abroad when liquid money is short, and insurance of all or part of the Fund's obligations to covered clients |
| 70% rule | Member State government securities, interest-bearing accounts with banks in Cyprus or another Member State, or an ICF account at the Central Bank |
| 10% rule | Interest-bearing sight (current) accounts with banks operating in Cyprus |
| Dormant client money | Held at least 6 years since the last movement; reasonable tracing steps taken; undertaking to repay the client or heirs |
Source: CySEC Directive DI87-07 (R.A.D. 76/2019), paragraphs 7–14, 53 and 61, as amended by R.A.D. 154/2020.
What are the Fund's sources of money?
Members provide most of the money. They pay an initial contribution when they join, set by the investment services they applied to CySEC for, and a regular annual contribution based on their audited yearly statement of the eligible funds and financial instruments they hold for covered clients. If the Fund gives written, reasoned notice that its liquid money is not enough, CySEC may decide to call extraordinary contributions. Members also pay fees towards the Fund's administrative and other costs.
Other resources are income from the Fund's investments, donations and other sources, unclaimed client money, and client money transferred to the Fund under CySEC's directive on suspending and withdrawing licences. Transferred money becomes a Fund resource 3 years after the transfer; until then the Fund holds it as custodian. All of the Fund's capital is available to compensate the covered clients of any member.
Beyond the exam material, DI87-07 also fixes the amounts. The initial contribution is €2,000 for each investment service and €35,000 for the ancillary service of safekeeping and administration. The annual contribution is 5‰ of eligible funds and instruments when the audited statement, due by 10 May, carries a clean opinion and any errors have been corrected, and higher otherwise. Each member also pays a yearly fee of €700, or €100 if it holds no client assets.
Terms used in this note
- Eligible funds and financial instruments
- The client money and instruments a member holds for covered clients, on which its annual contribution is calculated.
- Extraordinary contribution
- An extra payment CySEC may require from members when the Fund's liquid money is not enough.
- Sight account
- An account from which money can be withdrawn on demand, without notice; a current account.
- Management Committee
- The body that runs the Fund and decides, with CySEC's consent where required, on borrowing and insurance.
Can contributions be refunded, and what if money runs short?
Contributions and fees do not belong to the members, so the Fund does not refund them. There are two exceptions: an overpayment caused by miscalculating the current year's contribution, and the case where a firm applied to join but CySEC then rejected its licence application, when the initial contribution is refunded at the applicant's cost.
The Fund may borrow from banks in Cyprus or abroad, but only with CySEC's consent and only when the Management Committee judges that its liquid money will not cover payments that are due or likely. It then informs the Minister of Finance and, within one month, calls an extraordinary contribution equal to the loan. With CySEC's consent it may also insure all or part of its obligations to covered clients, and it may pass the premiums on to members in proportion.
How must the Fund invest, and when can dormant client money go to it?
At least 70% of the Fund's total assets must be placed in readily realisable government bonds or bills of a Member State, in interest-bearing accounts with banks operating in Cyprus or another Member State, or in an ICF account at the Central Bank of Cyprus. CySEC may allow a lower share to pay for reinsurance. At least 10% must be kept in interest-bearing sight, or current, accounts with banks operating in Cyprus.
A member may pay a client's money to the Fund without breaching the client-money rules only if three conditions are met. It has held the money for at least 6 years since the last movement on the account, counting deposits and withdrawals but not interest, fees or charges. It can show it took reasonable steps to trace and repay the client. These must include checking contact details, writing, trying again by another channel and sending a final notice, with a month for a reply each time. And its board undertakes to pay an equal amount to the client or an heir who claims later. The money becomes an unclaimed-funds resource of the Fund, not a contribution by the member. The wider client-money rules are in How must an investment firm safeguard client money and financial instruments?.
How to think about it
Picture the Fund's balance sheet. Money comes in mostly from members, on joining, every year and in emergencies, plus a few passive sources. Money goes out as compensation. When that threatens to exceed what is available, the Fund may borrow. It may also insure its obligations. Both need CySEC's consent. Money held is invested safely: at least 70% in Member State government debt or bank accounts, and at least 10% instantly available in Cyprus. Dormant client money can come in, but only with a promise to repay the client.
Common mistakes
Forgetting the three-year wait on transferred client money. Money transferred on licence withdrawal becomes the Fund's only 3 years after the transfer; until then the Fund holds it as custodian.
Mixing up the 70% and 10% rules. The 70% covers Member State government securities, interest-bearing accounts with banks in Cyprus or another Member State, and an ICF account at the Central Bank. The 10% must be in interest-bearing current accounts with banks in Cyprus.
Overlooking what follows a loan. Within one month of borrowing, the Fund must call an extraordinary contribution equal to the loan, and it informs the Minister of Finance.
Counting dormant client money as the member's contribution. It becomes the Fund's resource, and the member stays bound to repay the client.
Restarting the six years at every interest credit. Only deposits and withdrawals count as movements; interest, fees and charges do not.
Legal references
- CySEC Directive DI87-07 on the operation of the Investor Compensation Fund (R.A.D. 76/2019), consolidated with DI87-07(A) (R.A.D. 154/2020), unofficial English text (opens in a new tab)
Paragraph 7(3) (capital available for all members' clients) · paragraph 8 (resources; no refunds) · paragraphs 9–12 (initial and annual contributions, extraordinary contributions, fees) · paragraph 13 (borrowing) · paragraph 14 (insurance) · paragraph 53 (investment policy) · paragraph 61 (unclaimed client money)
- CySEC, Investor Compensation Fund: directives page (opens in a new tab)
Lists DI87-07, the amending Directive DI87-07(A) (R.A.D. 154/2020) and the consolidated text
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