Terms and conditions
General Terms and Conditions
IMPACT HUB KINGS CROSS MEMBER SERVICE AGREEMENT
3. Impact Hub King’s Cross Vision, Mission and Values
4. Community Guidelines
6. Creating Your Membership Profile
7. Invoicing and Payments
8. Membership Package Downgrade and Termination
9. Guest Policy
10. Limitation of Liability
12. The Licensing Objectives of The Hub Kings Cross Limited
13. Mailbox Policy
1.1. This Member Service Agreement (“Agreement’’) sets out the “Terms and Conditions” between You and The Hub Kings Cross Limited trading as Impact Hub Kings Cross (“The Parties”)
1.2. The commencement of this Agreement shall take place on the day that You set as Your Membership’s starting day when you complete the Membership Sign Up Form. If You haven’t completed the Membership Sign Up Form the commencement of this Agreement shall take place on the day that Your first payment is received by The Hub Kings Cross Limited, following the written notification of this Agreement by The Hub Kings Cross Limited. By completing the Membership Sign Up Form or making Your first payment, whichever is the sooner, you shall be deemed to have accepted the terms of this Agreement.
2.1. “Impact Hub Kings Cross” or “IHKX” means The Hub Kings Cross Ltd whose registered office is: 34b York Way, London N1 9AB with company registration number 06332167.
2.2. “Member”, “You” and “Your” means an individual, organisation, partnership or company who commits to IHKX’s vision, mission and values as set out in clause 3, pays the specified monthly “Membership Fee” or “Fee” to IHKX in accordance with the conditions of the “Membership Package” and is accorded rights to “Services” by IHKX.
2.3. “Services” refers to the provision of services set out in the Membership Package and which may variously include:
2.3.1. “Workspace”, meaning a chair and access to a shared table or desk; communal printing/photocopying facilities and access to refreshments (variously free or purchased).
2.3.2. “Online Services” means internet access, use of Members online directory, use of the Impact Hub Global Community App, newsletters and links to the Membership Package.
2.3.3. “Meeting Rooms”, meaning the meeting rooms at the Premises, bookable in advance, subject to availability and in accordance with the booking terms set out in the Membership Package;
2.3.4. “Knowledge Resources”, meaning various events, programmes, online resources and other resources (variously free or purchased).
2.3.5. “Additional Services” or “Add-ons” refers to business support, Mailbox, Storage and other products and services made available to Members from time to time, specified in clause 5: Services of this Agreement and set out in Your Membership Package.
2.4. “Membership Package” refers to the online page called “Plans & Benefits” that specifies the current tariff and hours per month and is found in Your online Membership Account.
2.5. “Membership Account” refers to the online presence of Your own Membership Package and is hosted on the Members Online Portal.
2.6. “Members’ Online Portal” refers to the website where members can manage their membership, make room bookings and find other members. The link to the Members Online Portal is https://impacthubkingscross.spaces.nexudus.com/en or an alternative website to be advised from time to time.
2.7. “Membership Profile” means the online public display of Your name, contact details and areas of specialism and interest on the Member’s Online Portal.
2.8. “Welcome Email” refers to an email sent by IHKX which provides this Agreement, information on facilities, space usage, internet and printer access and website links for the Member’s Online Portal and the Community App which form part of this Service Agreement.
2.9 “Membership Changes Form” refers to the form available on the Member’s Online Portal which allows You to advise IHKX of upgrades, downgrades or Termination of Your Membership.
2.10. “Community Guidelines” refers to the house rules and values of IHKX which it shares with its Members according to the conditions set out in clause 4 of this Agreement.
2.11. “Guest” refers to an individual who is brought into the Premises by You
2.12. “Host” refers to IHKX staff responsible for the welcoming of Members to IHKX
2.13. “Business Days” - Monday to Friday, excluding public holidays and occasional closure days advertised at least 30 days in advance. Closure shall not exceed five days in any one year, unless Force Majeure applies.
2.14. “Business Hours” means 0800 to 2130, unless Force Majeure applies. Any changes to the Business Hours will be communicated to You through the email included in Your Membership Account.
2.15. “Force Majeure” means acts or events that are beyond the reasonable control of IHKX, which include, but are not limited to: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy which make it physically or legally unreasonable for IHKX to deliver the Services to Members. For the avoidance of doubt, Force Majeure shall not include financial distress, nor the inability of IHKX to make a profit or avoid a financial loss or changes in market prices or conditions.
2.16. “Pre-Paid Subscription” means the Fee payable for a Membership Package that is paid in advance of the receipt of Services.
2.17. “Premises” means the building and its facilities at Impact Hub Kings Cross, 34b York Way, London, N1 9AB.
2.18. “Impact Hub Association” is a network of member Impact Hubs, including IHKX, and is registered as Verein zur Förderung sozialer Innovationen, a charitable association, established and registered in Vienna, Austria under ZVR 449698901, Lindengasse 56/18-19, 1070 Vienna, Austria
2.19. “Impact Hub Company” is Impact Hub GmbH, Lindengasse 56 / 18-19, 1070 Vienna, Austria wholly owned and controlled by Impact Hub Association.
2.20. “Impact Hub Network” or “IH Network” is made up of Impact Hub Association, its member Impact Hubs and Impact Hub Company.
2.21. “Community App” is an online unifying platform for member Impact Hubs, their Members and the broader community, and is delivered by Impact Hub Association.
2.23. “IHKX Mailbox Policy” refers to the document that governs the use of our Mailbox service and stipulates the required documents and information that need to be provided to IHKX prior to the use of the Service.
2.24. “Membership Sign Up Form” refers to the form available at the Impact Hub King’s Cross website where prospective Members can fill in their details to request to become a Member
3) IMPACT HUB KINGS CROSS VISION, MISSION AND VALUES
3.1. IHKX is a membership based co-working space and community made up of businesses addressing social and environmental challenges through their business services and products.
3.2. IHKX seeks to catalyse entrepreneurial ecosystems for a socially-inclusive, zero-carbon economy
3.3. The spirit of IHKX is to act with honesty, respect and care in all our stakeholder relations and to seek to make a positive social and environmental impact in all our activities.
3.4. The shared intent of the IH Network is to grow a locally rooted, globally connected community for measurable positive impact. Around the world the IH Network seeks to inspire, connect and enable people to take entrepreneurial action in order to pioneer a just and sustainable world where business and profit are used in service of people and planet. Impact Hubs provide their Members, in various places across the world, flexible access to spaces for working, meeting, learning, innovating and connecting. The know-how built up within the IH Network associated with these practices is freely shared amongst all Impact Hubs in the IH Network and freely contributed to by them.
3.5. The core values of the Impact Hub network are trust, collaboration and courage, and these are fully endorsed and supported by IHKX.
4) COMMUNITY GUIDELINES
4.1. You agree to work with Your best endeavours according to the core values set out in clause 3.5 and the spirit of IHKX in behaviours that enable cooperative, constructive and collaborative relations between You and other Members and between You and IHKX.
4.2. You agree that You will not perform any activity that is reasonably likely to be disruptive, damaging or dangerous to other Members, their guests or their personal property or to IHKX employees, the Premises or IHKX property. IHKX reserves the right to charge You for the repair cost for any damage caused by You or Your Guests to the Premises or any furniture or equipment within the Premises.
4.3. As a licensed premises, IHKX has a statutory obligation to ensure that all Members comply with the IHKX licensing objectives set out in the Membership Package. You agree to comply with these and to provide such assistance and cooperation to IHKX hosts in upholding the licensing objectives.
4.4. You agree to provide valid photographic identification, if so requested by one of IHKX Hosts. This could be requested at any point in which You use the IHKX premises. You will be responsible for Your Guests that do not provide identification at the entrance to the IHKX premises. Accepted forms of identification are passport, drivers license or national identification card. All scanned IDs will be stored on a secure database.
5.1. IHKX offers Services to You that are defined in Your Membership Package and within Your Membership Account. The current Terms and Conditions for the use of these Services are as laid out in this Agreement, are notified to You in Your Welcome Email and are included in the Members’ Online Portal.
5.2. IHKX will notify You of any changes to the website location for Services or changes to the terms and conditions of these Services according to the terms set out in clauses 5.6 and 5.7.
5.3. Services available to Members, subject to what is specified in Your Membership Package, may include:
5.3.1. Use of Workspace: You will be entitled to use the Premises for the hours per month specified in Your Membership Package during regular Business Hours on Business Days subject to space availability of our Workspace. The hours are solely allocated to You and cannot be shared with or transferred to any members of Your team or employees. The monthly hours allocated to You in the Membership Package expire at the end of each calendar month and cannot be added to the following month or subsequent months. In the event that you cannot find a seat available in the space, please notify the Host. If they cannot find You a seat, You will be refunded the equivalent Fee for a guest pass for one day.
5.3.2. Events: IHKX make available the ground floor of the Premises for events during regular Business Hours and on the day of an event the ground floor is set up for the event from 5.30 pm. You may continue to work on the top floor or join the event subject to the event being open to Members. IHKX will communicate the nature and dates of events through the regular emailed newsletter, other communications or on the day of the event.
5.3.3. “Fixed Desks”: Specified desks within the Premises are rented by and for dedicated Member teams or individuals and may not be used unless permission has been given by the Member team or individual who uses the Fixed Desks. The Fixed Desks are indicated by the Member’s organisational logo attached to the desk.
5.3.4. Meeting Rooms: You can use the meeting rooms subject to availability and the payment of the relevant Fee by booking online via the online portal, advertised to Members from time to time, or by sending a written request to email@example.com. “Booking Conditions” for the meeting rooms form part of this Agreement and are set out in the booking pages within the Membership Package.
5.3.5. Mailbox: You can use the Premises as Your business registration address and receive mail at the Premises for an additional monthly charge, subject to providing meeting the conditions within this Clause 5.3.5 and its subclauses.
188.8.131.52. You will request the Business Registration and / or Mail Handling or Mail Forwarding Services and pay the specified Fee for that Service for each business that you register or will receive mail in the Premises.
184.108.40.206 You will provide all the information and proofs of identification and address that will allow us to undertake Member due diligence checks in IHKX’s Mailbox Policy outlined in Clause 13 of this Agreement. Provision of the Mailbox Service is subject to satisfactory completion of this due diligence process. If the process is not completed, You will not be given access to the Mailbox service and no Fee will be charged.
220.127.116.11. Mail Handling: Subject to clauses 18.104.22.168 and 22.214.171.124, IHKX will accept mail and deliveries on Your behalf and You can collect them during Business Hours within 10 working days of being notified of a delivery at the email address associated with Your Membership Account, or within 24 hours of being notified for parcels larger than 45 cm x 30 cm x 20 cm, unless you have made alternative arrangements, confirmed in writing, with firstname.lastname@example.org. You agree that if mail is not collected within these specified times, or arrives after You have terminated the Mail Handling Service or terminated Your Membership, then IHKX may at its discretion return mail to its sender.
126.96.36.199. Mail Forwarding: For an additional Fee on top of the Mail Handling fee, IHKX can forward Your mail to an address that You specify. The Mail Forwarding Fee is in addition to any charge raised by the mail delivery company, which will be added to your account if and when such charges are incurred. If the mail delivery charge is more than £10 per month IHKX will check with you before incurring that charge. IHKX bears no liability for the delivery of your mail once this has been handed to the mail delivery company.
5.3.6 Not used
5.3.7. Storage: Personal lockers are available to Members for an additional monthly charge. Items must be stored within the locker, not on top of the locker. IHKX reserves the right to remove personal items that are not stored within the locker. IHKX holds no responsibility for the items left in your personal lockers.
5.3.8. Other Services: include, but are not limited to, cafe sales, printing charges, catering and additional hours.
5.4. Services exclude the provision of services by third-party service providers who may run events, business clinics and workshops in the Premises.
5.5. Any claims that You may have regarding the use of services provided by third-parties are excluded from the Services set out in the Membership Package.
5.6. The availability of the Services and the Membership Package may be changed from time to time: (i) thirty days after IHKX provide notice of the changes through the email address associated with Your Membership Account; or (ii) when You expressly agree to the changes to the Services and the Membership Package, or a version of this Agreement incorporating the changes, whichever occurs first
5.7. In exceptional circumstances, IHKX reserves the right to change the terms of this Service Agreement at any time with immediate effect when IHKX believes Force Majeure applies, such a change in terms is required by law or there is a concern to protect Members and employees of IHKX.
5.8. You agree to respect the privacy of other Members and their Guests in respect of information of a confidential nature which may become known to You through the use of IHKX Services and, in the event of information becoming known to You, not to disclose to any third party any information of a confidential nature (including trade secrets and information of commercial value).
6) CREATING YOUR MEMBERSHIP PROFILE
6.1. You agree upon registration to provide IHKX with the information required to complete Your Membership account application and an accurate Membership Profile.
6.2. You agree to keep Your Membership Profile information up-to-date and to publicise Your profile information within the Impact Hub Association.
6.3. You are responsible for maintaining the confidentiality of Your password and security of Your location access device and to notify IHKX if You suspect Your password or location access device has been compromised.
6.5. Beyond connecting to the IHKX community of Members, becoming a Member of IHKX comes with the opportunity to connect and collaborate with the global Impact Hub Network, its Members and partners. To facilitate this opportunity of exchanging and collaborating on a global level, Impact Hub provides You with access to a social networking platform, the Community App. In order to create Your personal profile on the Community App, IHKX will share some information about You with Impact Hub Company. Until You actively join the Community App, this shared information will only be available to the responsible employees of Impact Hub Company and the employees of IHKX and will be subject to the data policy of Impact Hub Company.
7) INVOICING AND PAYMENTS
7.1. You agree to pay for the Services by direct debit or card payment in pounds sterling (GBP) for the monthly fees invoiced. By exception, and with prior agreement between the Parties, IHKX can accept bank transfer payments for the monthly fee.
7.2. You agree to provide Your payment details in the Membership application registration to enable IHKX to request a direct debit or card payment for the use of Services.
7.3. You will be invoiced in advance on the first day of each month for that month’s Services based on Your Membership Package, including but not limited to Fixed Desk charges, Workspace and Business Registration and Mailbox Services, plus any additional charges that You have incurred for Services not invoiced in previous months, including but not limited to meeting room bookings, guest passes, printing charges and Mail Forwarding delivery charges. Payment for the invoice will be initiated by our direct debit or credit card processors one day after the invoice has been sent, and the payment deducted from your account or credit card within the following 7-10 days after the payment collection process has been initiated.
7.4. Your first invoice will also include a deposit payment. The deposit payment is equivalent to one month of Your Membership Package cost for all Membership Packages plus VAT charge, apart from the Fixed Desks for which the deposit is three months. The deposit will be returned to you in full when your contract is canceled per the monthly deadline outlined in section 8.0 of this document and all charges to your account have been settled. If outstanding charges are not settled, the deposit may be retained by IHKX in lieu of part- or full-payment on these charges. This condition does not absolve You of the responsibility to pay any remaining charges owed to IHKX.
7.5. Your use of the Services may be immediately suspended without prior warning if IHKX does not receive payment by the 10th of the month.
7.6. Not used
7.7. Your continued use of the Services, following a notice advising a change in prices for services, constitutes Your agreement to the change in the price of Services.
7.8. You may terminate this Service Agreement if You do not agree to the change in prices and notify IHKX of Your termination within seven days of the notice of the price change. Pre-paid fees will be refunded on a pro-rata basis in the event that IHKX terminates Your Membership prior to the end of Your Pre-Paid Subscription Period.
7.9. If You have been a Member in the past and have unpaid invoices, You will need to make a payment for these invoices before Your Membership is reinstated.
7.10. You are still liable for the payment of Workspace, Fixed Desk and Services, even if these services are not able to be supplied due to a Force Majeure event.
8) MEMBERSHIP PACKAGE DOWNGRADE OR TERMINATION
8.1. If You wish to “Downgrade” or “Terminate” Your Membership Package, You agree to give one calendar month’s notice and agree that You are not permitted to terminate Your Membership for the first three calendar months of Your Membership unless IHKX notifies You of a price change under the terms of clauses 5.6 and 7.7 – 7.8.
8.2. In order to downgrade or cancel membership:
8.2.1. If you are a Fixed Desk user, you must submit your request three months before the cancellation or downgrade takes effect via email at email@example.com. Once your request is received, You are still required to pay for the three months within your notice period.
8.2.2. If you are a Member under any Membership Package apart from Fixed Desk, you must submit your request by the 5th of the month to have your Membership Package downgraded or cancelled by the end of the same month. If your notice is given on the 6th of the month, your membership downgrade or termination will not go into effect until the end of the next month.
8.3. To Downgrade or Terminate You agree to complete the Membership Changes Form available within the Membership Package at the website link provided in Your Welcome Email, or as subsequently notified. Your notice will be registered by IHKX from the day You complete and submit the Membership Changes Form.
8.4. If IHKX has reason to believe that You have failed to comply with the provisions of this Service Agreement and the spirit and values of IHKX set out in clauses 3, 4.1, 4.2 and 4.3, then IHKX may at its sole discretion restrict Your access to Services and/or Terminate Your Membership with immediate effect.
8.5. The terms for Downgrade or Termination apply even if Force Majeure applies.
9) GUEST POLICY
9.1. You are welcome to bring Guests into the ground floor space of the Premises. You are given a daily “Guest Allowance” without additional charge depending on Your Membership Package which may be allocated between one or more Guests proportionally. This means that if You have a Guest Allowance of three hours, You can have one Guest for three hours or two Guests for one hour and a half each or three Guests for one hour each.
9.2. If Your Guest(s) wish to work for more than the allocated Guest Allowance then You agree to pay for a day pass per Guest subject to the terms set out in Your Membership Package.
9.3. You agree that if a meeting is organised for four Guests or more then it is a requirement that the meeting be held in a meeting room which should be booked in advance under the booking conditions set out in the Membership Package. You are permitted to invite as many guests as capacity allows for any meeting in a meeting room that has been booked by You. Guests in booked meetings in meeting rooms are exempt from Your daily Guest Allowance whilst in those meetings, otherwise they are subject to the same Guest Allowance.
9.4. You agree to sign for the attendance of Your Guest(s) or guests with a Host at the reception desk and to sign for the departure of Your Guest(s).
9.5. You agree to take responsibility for the behaviour of Your Guest(s) and to ensure they are made aware of the Community Guidelines.
9.6. If You fail to comply with the Guest policy set out in clauses 9.1-9.5 then You will be charged for a day pass for each Guest on the terms set out in Your Membership Package.
9.7. You agree that Guests do not include employees, volunteers or people who use the space as their permanent Workspace, who should be enrolled as Members or purchase a day pass.
10) LIMITATION OF LIABILITY
10.1. Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of IHKX to a Member in respect of any claim whatsoever or breach of this Agreement whether or not arising out of negligence, shall be limited to the fees paid by the Member for the period to which the claim relates.
10.2. In no event shall IHKX be liable to the Member for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever.
10.3. Where IHKX uses the service of any agent or third party connected to the Services IHKX does not give any warranty, guarantee or indemnity for the services that they give to Members.
10.4. IHKX is not liable for any loss of property incurred during Your usage of Services.
10.5. Verbal agreements between You and members of the IHKX team are not regarded as binding. Only written requests or requests made through the Members’ Online Portal are to be considered.
11.1. The laws of England and Wales govern this Agreement.
11.2. Any claim made against IHKX must be made in the courts of England, which will have exclusive jurisdiction in respect of any such claim, subject to IHKX’s rights to commence proceedings in any other jurisdiction.
12) THE LICENSING OBJECTIVES OF THE HUB KINGS CROSS LIMITED
12.1. As a licensed premises, IHKX has a statutory obligation to ensure that all Members comply with the IHKX licensing objectives set out in the Membership Package and to provide such assistance and cooperation to IHKX hosts in upholding the licensing objectives. The specific responsibilities of a Member under the four licensing objectives are:
12.1.1. The prevention of crime and disorder:
The possession and use and supply of non-prescription illegal drugs on the premises will not be tolerated. Any Member or Guest observed or found in possession of such drugs for whatsoever purpose will be asked to leave the premises immediately and their Membership shall be revoked. In circumstances in which a person/s is observed to supply illegal drugs, IHKX staff shall immediately report the person/s to the police. The misuse of illegal drugs is a criminal offence and Members are required to report any such offence to a IHKX Host.
12.1.2. The prevention of public nuisance: In order to reduce the public nuisance and anti-social behaviour occurring on the premises and elsewhere after Members and / or Guests have departed, Members and Guests shall be required not to take alcoholic beverages from the Premises to consume in York Way.
12.1.3. Public Safety
188.8.131.52 The licensed capacity of the building is 130. This limit will not be breached.
184.108.40.206 Every Member is requested to inform IHKX staff if they are aware of any risk or hazard to public safety. Health and safety walkarounds shall be conducted by Hosts weekly and recorded in the premises health and safety log. During these walkarounds, Members will be asked to advise on any hazards and risks of which they are aware.
220.127.116.11 In the event of a fire evacuation, a fire siren will sound and Members are required to exit from the front entrance and to go immediately to the assembly point in front of Costa Coffee, York Way ensuring that their Guests are guided to the assembly point.
12.1.4. The protection of children from harm
18.104.22.168 No person under the age of 18 will be admitted to the Premises unless accompanied by a Member who takes responsibility for their welfare and safety.
22.214.171.124 No person under the age of 18 shall be served an alcoholic drink. Anyone appearing to be under the age of 25 shall be asked for proof of age, such proofs being either a UK/EU driving licence or a passport.
13) MAILBOX POLICY
13.1.1. “Key individuals” are: The Member, The “Member’s Affiliates” that are receiving post; and the “Beneficial Owner(s)” of the registered business
13.1.2. “Identification Documents” are the photo identification and proof of address required by all Key Individuals, as described in Clause 13.2.
13.1.3. “Checklist Form” is the form listed in Clause 13.2. that needs to be completed before you access the Mailbox Service.
13.1.4. “Required Documents” are the Identification Documents, the Checklist Form and any other documents that the IHKX team might request in relation to this policy, as described in Clause 13.2.
13.1.5. “Politically Exposed Person” is a non-UK or domestic member of parliament, head of state or government or government minister and their family members and known close associates.
13.1.6. “Beneficial Owners” are individuals who ultimately own or control the Member, or on whose behalf a transaction or activity takes place. For a corporate body that is not a company whose securities are listed on EEA regulated market and certain other main markets, a Beneficial Owner is any natural person for whom any of the following apply:
- owns or controls over 25% of the shares or voting rights
- ultimately owns or controls whether directly or indirectly including bearer shares holdings or other means, more than 25% share or voting rights in the business
- holds the right, directly or indirectly, to appoint or remove a majority of the board of directors
- has the right to exercise, or actually exercises, significant influence or control over the corporate body
- exercises ultimate control over the management
- controls the corporate body If shares or rights are held by a nominee, the Beneficial Owner will be the person for whom the nominee is acting. If the nominee is acting for a legal entity, then the Beneficial Owner will be the person who exercises ultimate control over the legal entity. Similarly, if shares and rights are held indirectly, i.e. when a legal entity holds the shares or the rights and someone has a majority stake in that legal entity. The Beneficial Owner will be the person who has the majority stake and exercises ultimate control over the legal entity.
A Joint Interest is where two or more people hold the same shares or voting rights in a company. A Joint Arrangement is where two or more people arrange to exercise all or substantially all of their rights arising from their shares jointly in a way which is predetermined. Where Joint Interests or Joint Arrangements are concerned, each person holds the total number of shares or rights held by all of them. So, if two or more people hold jointly more than 25% of the shares or voting rights, each of them is a Beneficial Owner.
As well as companies incorporated under the Companies Acts, limited liability partnerships industrial & provident societies and some charities (often companies limited by guarantee or incorporated by an Act of Parliament or Royal Charter) are corporate bodies.
For a partnership, a Beneficial Owner is any individual for whom any of the following apply:
- ultimately is entitled to or controls, whether directly or indirectly, more than 25% of the capital or profits of the partnership
- ultimately is entitled to or controls, whether directly or indirectly, more than 25% of the voting rights in the partnership
- satisfies one or more of the conditions in Part 1 of Schedule 1 to the Scottish Partnership (Register of People with Significant Control) Regulation 2017 (guidance at section 2 Scottish qualifying partnerships guidance
- exercises ultimate control over the management
For a trust, a Beneficial Owner includes:
- the settlor
- the trustees
- the beneficiaries
- where the individuals (or some of the individuals) benefiting from the trust have not been determined, the class of persons whose main interest the trust is set up or operates
- any individual who has control over the trust.
Control means a power exercised alone, jointly with another person or with the consent of another person under the trust instrument or by law undertake any of the following, to:
- dispose of, advance, lend, invest, pay or apply trust property
- approve proposed trust distributions
- vary or terminate the trust
- add or remove a person as a beneficiary or to or from a class of beneficiaries
- approve the appointment of an agent or adviser
- appoint or remove trustees or give another individual control over the trust
- resolve disputes amongst the trustees
- direct, withhold consent to or veto the exercise of a power mentioned above
For a foundation or other legal arrangement similar to a trust, the Beneficial Owner includes the individuals with similar positions to a trust.
For other legal entities, or arrangements that administer or distribute funds, a Beneficial Owner includes:
- individuals who benefit from the entity’s property
- where beneficiaries have not been established, the class of persons in whose main interest the entity or arrangement is set up or operates
- any individual who exercises control over the property
For the estate of a deceased person in the course of administration, a Beneficial Owner means:
- the executor (original or by representation) or administrator for the time being of a deceased person in England, Wales or Northern Ireland
- the executor for the purposes of the Executors (Scotland Act) 1900 in Scotland
A Beneficial Owner in any other case is the individual(s) who ultimately owns or controls the entity or on whose behalf a transaction is being conducted.
13.2. Required Documents IHKX Members that purchase our Mailbox service, which allows You to register Your business at our address and receive mail, will need to provide us with the Required Documents (see section 2). We need to receive documents about your company and Key Individuals related to it. Please note that all Required Documents should be provided by any business registered in IHKX premises even when associated with a single Member.
For corporate entities, partnerships, trusts, charities and sole traders, we need:
- The identification documents listed in Section 13.2.1.
- The completed form listed in Section 13.2.2.
- Additional documents where applicable, listed in Section 13.2.3.
13.2.1.Identification Documents For each of the Key Individuals as indicated in the Application Form (Section 2.2 below), please provide us with one document from each of the following lists (together referred to as the “Identification Documents”):
One Photo Identification document
- Full driving License (with photocard) – UK only
- The Photo Identification will need to contain your photo and be in date.
One Recent Proof of Address document (dated within 3 months of date of Application submission)
- Recent gas or electricity bill
- Recent telephone bill
- Recent water bill
- Recent mortgage statement
- Recent council tax bill
- Recent bank / building society statement (includes credit card/ store card bill)
- Current TV license
- Valid insurance certificate
- Recent pay slip
- Recent P45/P60 statement
- Recent financial statement (e.g. pension, endowment)
- Current benefit book
- Recent letter from Benefits Agency
- Recent HM Revenue and Customs Notice of Coding
- Current student hall of residence agreement or other proof of accommodation
Please refer to Section 13.3. for the appropriate form and process for receiving the documents above.
13.2.2. Application Form As part of Your request to access the Mailbox, you will also need to complete the online application form in its entirety. That form can be found here.
13.2.2. Additional documents IHKX reserves the right to request additional documents that show the BOs and controllers of the company, including but not limited to the Articles of Association, Certificate of Incorporation and certified organizational chart. Such documents can be requested both for the company that will be using the Mailbox as well as any other companies that own or are directors of that company.
13.3. Renewal of Documents Your documents will need to be updated once every two years, for which we will send you a reminder to submit updated documents to us. You will need to notify us of any change of address and provide us with the proof of the new address. The Renewal of Documents is applicable to members, anyone receiving mail, directors and BOs.
13.4. Collecting the Required Documents To collect the Required Documents we have enlisted the help of a secure online provider specialising in identity verification called Token of Trust. Please see here for more details about Token of Trust and their commitment to privacy and security. Please note that we are required by law to store your documents for 6 years following the termination of your membership, after which they will be removed and deleted.
13.5. Accessing the Mailbox Service You will be in a position to register your business at the IHKX premises and receive mail once a member of the IHKX team has confirmed to you that all the Required Documents have been received and the online verification process has been successful. However, if you have any charges outstanding with IHKX for more than 30 days, this constitutes a breach of the Mailbox Policy. If not remedied immediately, IHKX reserves the right to remove your access to the Mailbox Service, returning to sender any mail received and notifying the relevant authorities about removing our address from your business registration.