Acknowledgement by Clients. (a) If you are an accountholder of Enhanced Securities Limited, you acknowledge and agree that in the event of our default and you having incurred a loss as a result thereof, the liability of the Compensation Fund established under the Securities and Futures Ordinance will be restricted to the extent provided for therein. (b) Where Securities are deposited with us or purchased pursuant to this Agreement and held outside Hong Kong, you may not be afforded equivalent protection in respect of those Securities as that afforded under Hong Kong law and you may not have the same rights as you have in respect of Securities held in Hong Kong. (c) You confirm that you have read and accept the terms of this Agreement (including the risk disclosure statements and certifications relating to Derivative Products) which have been explained to you in a language which you understand. You also confirm that you have been invited to read the risk disclosure statements, ask questions and take independent advice if you so wish and you fully understand the risks involved and are prepared to accept such risks I, a licensed person, hereby declare that I have on the date hereof (a) provided a copy of the Client Agreement (including the risk disclosure statements) in a language of the Client's choice; (b) fully explained the contents of the Client Agreement (including the risk disclosure statements and (if applicable) the purposes of any authorization letters); and (c) invited the above applicant to read the Client Agreement, ask questions, and take independent advice if the above applicant so wishes Unless otherwise agreed by us in writing, any Margin Facility made available by us to you from time to time at your request shall be subject to the following terms and conditions:- (a) You hereby authorize us to open and maintain in your name one or more Accounts through which the Margin Facility is made available (“the Margin Account(s)”). For such Margin Account(s), we will provide financial accommodation to facilitate the subscription of new shares of Securities, the acquisition of listed and/or unlisted Securities and, where applicable, for the continued holding of those Securities. We are authorized to draw on the Margin Facility any amount due to us in respect of any of your Transactions. You will not be able to withdraw funds under the Margin Facility unless with our consent. (b) The Margin Facility shall be subject to our overriding right of demand for repayment at any time and we may in our discretion prescribe such limits on the amount available for drawing under the Margin Facility from time to time. The Margin Facility may also be terminated by us at any time without prior notice to you. (c) You shall comply with all requirements prescribed by us from time to time as to the provision of margin and security for the Margin Facility including, without limitation, the execution by you or such other persons of such form of security and related documents as we may from time to time require. You will be notified of such requirements from time to time but they are subject to change at any time without prior notice. (d) Drawings on the Margin Facility by you shall be subject to our being satisfied with the form and value of the margin and security provided to us at all relevant times and subject further to such procedures as we may prescribe from time to time. (e) Interest (and default interest) shall be payable on any amount outstanding under the Margin Facility at such rate and in such manner as we may from time to time determine and notify you and shall accrue from day to day on the daily amounts outstanding. (f) If there is a debit balance in any of your Accounts which is a cash account and you hold a Margin Account, interest will be calculated on the combined debit balance and charged to the Margin Account. (g) You shall deposit initial margin and/or additional margin with us in such form and amount and within such time as we may require from time to time and at any time. We reserve the right to vary any margin requirements as we may consider appropriate and you shall check with us to ascertain the applicable margin requirements from time to time. (h) Any failure by you to meet any margin calls or to comply with any other provisions in this agreement shall entitle us to close out or liquidate in any manner any or all Securities in your Margin Account(s) without further notice to you. (i) You shall, upon our demand at any time, repay to us all principal and interest accrued thereon outstanding under the Margin Facility, but nothing in this Clause shall prejudice our rights, powers and remedies under any security document executed in our favor in respect of the Margin Facility. (j) Repayments of any amount outstanding under the Margin Facility may be made at any time and, subject to availability of funds and the provisions in this agreement, amounts repaid shall be available for re-drawing. (k) In consideration of the Margin Facility made and to be made available to you from time to time, you as beneficial owner charge by way of security and release to us all your right, title and interest in and to each of your Account(s) including all the Securities, dividends, interest, stocks, shares, rights, money or property payable or accruing at any time hereafter by way of redemption, bonus, preference, option or otherwise until all indebtedness owing by you to us at any time in connection with the Margin Facility whether actually or contingently including interest thereon and all expenses incurred by us in enforcing and preserving our rights under this agreement (collectively “the Secured Indebtedness”) have been paid or discharged in full. (l) A certificate of balance signed by any of our authorized officers shall be conclusive evidence against you of the amount of the Secured Indebtedness owing at any time unless and until the contrary has been established. (m) No amount in any of the Margin Account(s) shall be released to, withdrawn from or otherwise dealt with by, you without our consent. (n) The security created by Xxxxxx (k) above is a continuing security and is in addition to, shall not be affected by and may be enforced despite the existence of any other security held by us in respect of the Margin Facility. Any restriction on the right of consolidating security shall not apply to this security. If any event referred to in Clause (h) above occurs, we shall be entitled to enforce this security and may, without demand, notice, legal process or any other action against you, retain or apply the whole or any part of the assets held in all or any of the Margin Account(s) and/or any credit balance in any currency on all or any of your other Accounts with us, in or towards satisfaction of the Secured Indebtedness and we shall not be liable for any loss arising out of such retention or application. (o) If any moneys paid to us in respect of the Secured Indebtedness are required to be repaid by virtue of any law relating to insolvency, bankruptcy or dissolution or for any other reason, we shall be entitled to enforce this agreement as if such moneys had not been paid. (p) If you create or purport to create any security (whether fixed or floating) over any of the Margin Account(s) or any part of it or if any person levies or attempts to levy any form of process against any of the Margin Account(s) or any part of it, the security created by Clause (k) above, to the extent that it may be a floating charge, shall automatically and without notice operate as fixed charge instantly such event occurs. (q) You hereby authorize us at any time and without prior notice to you to: (i) apply any of your Securities in your Accounts (including the Margin Account) pursuant to a securities borrowing and lending agreement; (ii) deposit any of your Securities in the Margin Account with an authorized institution as collateral for financial accommodation provided to us; (iii) deposit any of your Securities in the Margin Account with a recognized clearing house or another intermediary licensed or registered for dealing in securities as collateral for the discharge and satisfaction of our settlement obligations and liabilities. The term of authorization contained in this Clause (q) shall be for a period commencing from the date of this agreement to 31 December of the calendar year when this addendum is executed, and may be renewed or shall be deemed to be renewed upon its expiry date for a further period of twelve months in such manner as may be required by applicable laws, regulations and codes of conduct from time to time. You may withdraw such authorization by giving us notice in writing of not less than 5 business days conditional upon your having discharged all outstanding debts owed to us. (r) Any Securities which are held by us for the Margin Account may, at our discretion, be: (i) registered in your name; (ii) registered in our name or in the name of our associated entity (as defined in the Securities and Futures Ordinance); (iii) deposited in safe custody in a designated account of our banker or with such other appropriate institution which provides safe custody facilities as may be permitted by the applicable laws and regulations. (s) You hereby irrevocably appoint us to be your attorney and in your name and on your behalf and as your act or deed or otherwise, without reference to or consent from you, to execute all documents and to do all things as may be required for the full exercise of all or any of the powers conferred on us and our rights under this agreement as we may consider expedient in connection with the exercise of such powers and rights. You shall, at our request, execute such documents and perform such acts as we may consider expedient in connection with the exercise of our powers and rights under this agreement. (t) Any money paid to us in respect of the Secured Indebtedness may be applied in or towards satisfaction of the same or placed to the credit of such account as we may determine with a view to preserving our rights or prove for the whole of the Secured Indebtedness. (u) We may, at any time, continue any existing account and open new account in your name and no subsequent Transactions, receipts or payments involving such new accounts shall affect your liability. (v) You confirm that you have read and agree to the terms of this agreement, which have been explained to you in a language that you understand. You also confirm that you have been invited to read the risk disclosure statements contained in the Client Agreement, ask questions and take independent advice if you so wish and you fully understand the risks involved and are prepared to accept such risks. (w) This addendum shall form part of the Client Agreement I, a licensed person, hereby declare that I have on the date hereof (a) provided a copy of the margin facility and margin requirements addendum in a language of the Client's choice; (b) fully explained the contents of the margin facility and margin requirements addendum (including the relevant risk disclosure statements contained in the Client Agreement and (if applicable) the purposes of any authorization letters); and (c) invited the above applicant to read the margin facility and margin requirements addendum, ask questions, and take independent advice if the above applicant so wishes. 1. 定義 1.1 在本協議中 : 「戶口」 指以 閣下之名義不時為我們之服務在我們開立及維持之任何戶口。 「代理人」 指所有在我們提供服務時，不時聘用之代理人、相聯者、附屬成員、代名人、交易商、經紀、對手方、承辦商、保管人、資訊服務提供者、執行設施提供者及其他金融產品提供者 (包括其各自之授權代表)。 「結算所」 就香港交易所而言，指香港證券結算有限公司 ; 就其他交易所而言，指向有關的交易所提供跟香港證券結算有限公司相關之服務的結算公司。 「商品」 指任何物品包括但不限於農產商品、金屬、貨幣、股票、利率、指數 (包括股票指數或其他指數)或其他金融合約、能源、權益或權利、及如情況所需包括以上任何一項的期貨/期權合約(不論是否須於預定期限交貨)。 「不活躍」 為任何戶口而言，指任何戶口在過去連續18個月內無任何交易紀錄。 「交易所」 指由 閣下指示我們代表 閣下通過其進行證券、期貨合約或期權合約交易之任何證券或期貨公會、市場或交 易所，包括香港交易所及香港期貨交易所。 「期貨合約」或「期貨」 指在任何商品、期貨或期權交易所訂立並具有以下效力之合約； (a) 一方當事人允諾在雙方同意之預定時間及價格，交予另一方當事人雙方認可之商品或雙方認可數量的商品；或 (b) 雙方將在預定時間內根據該認可商品當時之價值與訂立合約時雙方協議的價值作出調整，無論前者之價值較後者之價值為高或低，有關差額將根據管轄該合約之商品、權貨或期權交易所規則決定。 「香港」 指香港特別行政區。 「香港交易所」 指香港聯合交易所有限公司。 「香港期貨交易所」 指香港期貨交易所有限公司。 「指示 」 指出 閣下就買入、賣出或任何證券之其他安排或交易、購買、出售或拋售任何期貨合約或期權合約或對我們服務之應用所發出之指示。 「期權合約」或「期權」 指一方(在此定義中稱為“第一方”)與另一方(在此定義中稱為“第二方”)在任何商品、期貨或期權交易所訂立的合約，藉此:- (a) 第一方向第二方授予在訂定時間當日或之前或在訂定時間當日(視乎所屬情況而定)以預定價格向第一方購買認可商品或認可數量的商品的權利(但並非責任)及，在第二方行使其購買權的情況下：- (i) 第一方有責任以預定價格交付商品； (ii) 第二方將根據商品價值超出預定價格(如有的話)的程度計算收取一筆款項，該款項乃根據有關合約所訂立的商品、期貨或期權交易所的規則而決定；或
Appears in 2 contracts
Samples: Account Application Form & Client's Agreement, Account Application Form and Client's Agreement
Acknowledgement by Clients. (a) If you are an accountholder of Enhanced Securities Goldin Equities Limited, you acknowledge and agree that in the event of our default and you having incurred a loss as a result thereof, the liability of the Compensation Fund established under the Securities and Futures Ordinance will be restricted to the extent provided for therein.
(b) Where Securities are deposited with us or purchased pursuant to this Agreement and held outside Hong Kong, you may not be afforded equivalent protection in respect of those Securities as that afforded under Hong Kong law and you may not have the same rights as you have in respect of Securities held in Hong Kong.
(c) You confirm that you have read and accept the terms of this Agreement (including the risk disclosure statements and certifications relating to Derivative Products) which have been explained to you in a language which you understand. You also confirm that you have been invited to read the risk disclosure statements, ask questions and take independent advice if you so wish and you fully understand the risks involved and are prepared to accept such risks Signed by: Authorized Signature Print Name (in BLOCK letters) Witness Signature Date Name of witness : Declaration by the Licensed Person I, a licensed person, hereby declare that I have on the date hereof (a) provided a copy of the Client Agreement (including the risk disclosure statements) in a language of the Client's choice; (b) fully explained the contents of the Client Agreement (including the risk disclosure statements and (if applicable) the purposes of any authorization letters); and (c) invited the above applicant to read the Client Agreement, ask questions, and take independent advice if the above applicant so wishes Signed by: Signature Print Name (in BLOCK letters) CE Number Date These terms for Securities margin financing are supplemental to the Client Agreement between you and Goldin Equities Limited (hereinafter as “We”, “Us” or “Our”). Terms defined in the Client Agreement shall have the same meaning when used here. Unless otherwise agreed by us in writing, any Margin Facility made available by us to you from time to time at your request shall be subject to the following terms and conditions:-
(a) You hereby authorize us to open and maintain in your name one or more Accounts through which the Margin Facility is made available (“the Margin Account(s)”). For such Margin Account(s), we will provide financial accommodation to facilitate the subscription of new shares of Securities, the acquisition of listed and/or unlisted Securities and, where applicable, for the continued holding of those Securities. We are authorized to draw on the Margin Facility any amount due to us in respect of any of your Transactions. You will not be able to withdraw funds under the Margin Facility unless with our consent.
(b) The Margin Facility shall be subject to our overriding right of demand for repayment at any time and we may in our discretion prescribe such limits on the amount available for drawing under the Margin Facility from time to time. The Margin Facility may also be terminated by us at any time without prior notice to you.
(c) You shall comply with all requirements prescribed by us from time to time as to the provision of margin and security for the Margin Facility including, without limitation, the execution by you or such other persons of such form of security and related documents as we may from time to time require. You will be notified of such requirements from time to time but they are subject to change at any time without prior notice.
(d) Drawings on the Margin Facility by you shall be subject to our being satisfied with the form and value of the margin and security provided to us at all relevant times and subject further to such procedures as we may prescribe from time to time.
(e) Interest (and default interest) shall be payable on any amount outstanding under the Margin Facility at such rate and in such manner as we may from time to time determine and notify you and shall accrue from day to day on the daily amounts outstanding. In the absence of such notification, interest will be charged at 6% above prime lending rate quoted by the Standard Chartered Bank from time to time.
(f) If there is a debit balance in any of your Accounts which is a cash account and you hold a Margin Account, interest will be calculated on the combined debit balance and charged to the Margin Account.
(g) You shall deposit initial margin and/or additional margin with us in such form and amount and within such time as we may require from time to time and at any time. We reserve the right to vary any margin requirements as we may consider appropriate and you shall check with us to ascertain the applicable margin requirements from time to time.
(h) Any failure by you to meet any margin calls or to comply with any other provisions in this agreement shall entitle us to close out or liquidate in any manner any or all Securities in your Margin Account(s) without further notice to you.
(i) You shall, upon our demand at any time, repay to us all principal and interest accrued thereon outstanding under the Margin Facility, but nothing in this Clause shall prejudice our rights, powers and remedies under any security document executed in our favor in respect of the Margin Facility.
(j) Repayments of any amount outstanding under the Margin Facility may be made at any time and, subject to availability of funds and the provisions in this agreement, amounts repaid shall be available for re-drawing.
(k) In consideration of the Margin Facility made and to be made available to you from time to time, you as beneficial owner charge by way of security and release to us all your right, title and interest in and to each of your Account(s) including all the Securities, dividends, interest, stocks, shares, rights, money or property payable or accruing at any time hereafter by way of redemption, bonus, preference, option or otherwise until all indebtedness owing by you to us at any time in connection with the Margin Facility whether actually or contingently including interest thereon and all expenses incurred by us in enforcing and preserving our rights under this agreement (collectively “the Secured Indebtedness”) have been paid or discharged in full.
(l) A certificate of balance signed by any of our authorized officers shall be conclusive evidence against you of the amount of the Secured Indebtedness owing at any time unless and until the contrary has been established.
(m) No amount in any of the Margin Account(s) shall be released to, withdrawn from or otherwise dealt with by, you without our consent.
(n) The security created by Xxxxxx (k) above is a continuing security and is in addition to, shall not be affected by and may be enforced despite the existence of any other security held by us in respect of the Margin Facility. Any restriction on the right of consolidating security shall not apply to this security. If any event referred to in Clause (h) above occurs, we shall be entitled to enforce this security and may, without demand, notice, legal process or any other action against you, retain or apply the whole or any part of the assets held in all or any of the Margin Account(s) and/or any credit balance in any currency on all or any of your other Accounts with us, in or towards satisfaction of the Secured Indebtedness and we shall not be liable for any loss arising out of such retention or application.
(o) If any moneys paid to us in respect of the Secured Indebtedness are required to be repaid by virtue of any law relating to insolvency, bankruptcy or dissolution or for any other reason, we shall be entitled to enforce this agreement as if such moneys had not been paid.
(p) If you create or purport to create any security (whether fixed or floating) over any of the Margin Account(s) or any part of it or if any person levies or attempts to levy any form of process against any of the Margin Account(s) or any part of it, the security created by Clause (k) above, to the extent that it may be a floating charge, shall automatically and without notice operate as fixed charge instantly such event occurs.
(q) You hereby authorize us at any time and without prior notice to you to:
(i) apply any of your Securities in your Accounts (including the Margin Account) pursuant to a securities borrowing and lending agreement;
(ii) deposit any of your Securities in the Margin Account with an authorized institution as collateral for financial accommodation provided to us;
(iii) deposit any of your Securities in the Margin Account with a recognized clearing house or another intermediary licensed or registered for dealing in securities as collateral for the discharge and satisfaction of our settlement obligations and liabilities. The term of authorization contained in this Clause (q) shall be for a period commencing from the date of this agreement to 31 December of the calendar year when this addendum is executed, and may be renewed or shall be deemed to be renewed upon its expiry date for a further period of twelve months in such manner as may be required by applicable laws, regulations and codes of conduct from time to time. You may withdraw such authorization by giving us notice in writing of not less than 5 business days conditional upon your having discharged all outstanding debts owed to us.
(r) Any Securities which are held by us for the Margin Account may, at our discretion, be:
(i) registered in your name;
(ii) registered in our name or in the name of our associated entity (as defined in the Securities and Futures Ordinance);
(iii) deposited in safe custody in a designated account of our banker or with such other appropriate institution which provides safe custody facilities as may be permitted by the applicable laws and regulations.
(s) You hereby irrevocably appoint us to be your attorney and in your name and on your behalf and as your act or deed or otherwise, without reference to or consent from you, to execute all documents and to do all things as may be required for the full exercise of all or any of the powers conferred on us and our rights under this agreement as we may consider expedient in connection with the exercise of such powers and rights. You shall, at our request, execute such documents and perform such acts as we may consider expedient in connection with the exercise of our powers and rights under this agreement.
(t) Any money paid to us in respect of the Secured Indebtedness may be applied in or towards satisfaction of the same or placed to the credit of such account as we may determine with a view to preserving our rights or prove for the whole of the Secured Indebtedness.
(u) We may, at any time, continue any existing account and open new account in your name and no subsequent Transactions, receipts or payments involving such new accounts shall affect your liability.
(v) You confirm that you have read and agree to the terms of this agreement, which have been explained to you in a language that you understand. You also confirm that you have been invited to read the risk disclosure statements contained in the Client Agreement, ask questions and take independent advice if you so wish and you fully understand the risks involved and are prepared to accept such risks.
(w) This addendum shall form part of the Client Agreement I, a licensed person, hereby declare that I have on the date hereof (a) provided a copy of the margin facility and margin requirements addendum in a language of the Client's choice; (b) fully explained the contents of the margin facility and margin requirements addendum (including the relevant risk disclosure statements contained in the Client Agreement and (if applicable) the purposes of any authorization letters); and (c) invited the above applicant to read the margin facility and margin requirements addendum, ask questions, and take independent advice if the above applicant so wishes.
1. 定義
1.1 在本協議中 : 「戶口」 指以 閣下之名義不時為我們之服務在我們開立及維持之任何戶口。 「代理人」 指所有在我們提供服務時，不時聘用之代理人、相聯者、附屬成員、代名人、交易商、經紀、對手方、承辦商、保管人、資訊服務提供者、執行設施提供者及其他金融產品提供者 (包括其各自之授權代表)。 「結算所」 就香港交易所而言，指香港證券結算有限公司 ; 就其他交易所而言，指向有關的交易所提供跟香港證券結算有限公司相關之服務的結算公司。 「商品」 指任何物品包括但不限於農產商品、金屬、貨幣、股票、利率、指數 (包括股票指數或其他指數)或其他金融合約、能源、權益或權利、及如情況所需包括以上任何一項的期貨/期權合約(不論是否須於預定期限交貨)。 「不活躍」 為任何戶口而言，指任何戶口在過去連續18個月內無任何交易紀錄。 「交易所」 指由 閣下指示我們代表 閣下通過其進行證券、期貨合約或期權合約交易之任何證券或期貨公會、市場或交 易所，包括香港交易所及香港期貨交易所。 「期貨合約」或「期貨」 指在任何商品、期貨或期權交易所訂立並具有以下效力之合約； (a) 一方當事人允諾在雙方同意之預定時間及價格，交予另一方當事人雙方認可之商品或雙方認可數量的商品；或 (b) 雙方將在預定時間內根據該認可商品當時之價值與訂立合約時雙方協議的價值作出調整，無論前者之價值較後者之價值為高或低，有關差額將根據管轄該合約之商品、權貨或期權交易所規則決定。 「香港」 指香港特別行政區。 「香港交易所」 指香港聯合交易所有限公司。 「香港期貨交易所」 指香港期貨交易所有限公司。 「指示 」 指出 閣下就買入、賣出或任何證券之其他安排或交易、購買、出售或拋售任何期貨合約或期權合約或對我們服務之應用所發出之指示。 「期權合約」或「期權」 指一方(在此定義中稱為“第一方”)與另一方(在此定義中稱為“第二方”)在任何商品、期貨或期權交易所訂立的合約，藉此:- (a) 第一方向第二方授予在訂定時間當日或之前或在訂定時間當日(視乎所屬情況而定)以預定價格向第一方購買認可商品或認可數量的商品的權利(但並非責任)及，在第二方行使其購買權的情況下：-
(i) 第一方有責任以預定價格交付商品；
(ii) 第二方將根據商品價值超出預定價格(如有的話)的程度計算收取一筆款項，該款項乃根據有關合約所訂立的商品、期貨或期權交易所的規則而決定；或Signed by:
Appears in 2 contracts
Samples: Account Application Form and Client Agreement, Client Agreement
Acknowledgement by Clients. (a) If you are an accountholder of Enhanced Securities Xxxxxx Equities Limited, you acknowledge and agree that in the event of our default and you having incurred a loss as a result thereof, the liability of the Compensation Fund established under the Securities and Futures Ordinance will be restricted to the extent provided for therein.
(b) Where Securities are deposited with us or purchased pursuant to this Agreement and held outside Hong Kong, you may not be afforded equivalent protection in respect of those Securities as that afforded under Hong Kong law and you may not have the same rights as you have in respect of Securities held in Hong Kong.
(c) You confirm that you have read and accept the terms of this Agreement (including the risk disclosure statements and certifications relating to Derivative Products) which have been explained to you in a language which you understand. You also confirm that you have been invited to read the risk disclosure statements, ask questions and take independent advice if you so wish and you fully understand the risks involved and are prepared to accept such risks Signed by: Authorized Signature (Corporate Applicant, with company chop) Title (Corporate Applicant) Witness signature Declaration by the Licensed Person Print Name (in BLOCK letters) Date Name of witness I, a licensed person, hereby declare that I have on the date hereof (a) provided a copy of the Client Agreement (including the risk disclosure statements) in a language of the Client's choice; (b) fully explained the contents of the Client Agreement (including the risk disclosure statements and (if applicable) the purposes of any authorization letters); and (c) invited the above applicant to read the Client Agreement, ask questions, and take independent advice if the above applicant so wishes Signed by: Signature Print Name (in BLOCK letters) CE Number Date These terms for Securities margin financing are supplemental to the Client Agreement between you and Xxxxxx Equities Limited (hereinafter as “We”, “Us” or “Our”). Terms defined in the Client Agreement shall have the same meaning when used here. Unless otherwise agreed by us in writing, any Margin Facility made available by us to you from time to time at your request shall be subject to the following terms and conditions:-
(a) You hereby authorize us to open and maintain in your name one or more Accounts through which the Margin Facility is made available avai lable (“the Margin Account(s)”). For such Margin Account(s), we will provide financial accommodation to facilitate the subscription of new shares of Securities, the acquisition of listed and/or unlisted Securities and, where applicable, for the continued holding of those Securities. We are authorized to draw on the Margin Facility any amount due to us in respect of any of your Transactions. You will not be able to withdraw funds under the Margin Facility unless with our consent.
(b) The Margin Facility shall be subject to our overriding right of demand for repayment at any time and we may in our discretion prescribe such limits on the amount available for drawing under the Margin Facility from time to time. The Margin Facility may also be terminated by us at any time without prior notice to you.
(c) You shall comply with all requirements prescribed by us from time to time as to the provision of margin and security for the Margin Facility including, without limitation, the execution by you or such other persons of such form of security and related documents as we may from time to time require. You will be notified of such requirements from time to time but they are subject to change at any time without prior notice.
(d) Drawings on the Margin Facility by you shall be subject to our being satisfied with the form and value of the margin and security provided to us at all relevant times and subject further to such procedures as we may prescribe from time to time.
(e) Interest (and default interest) shall be payable on any amount outstanding under the Margin Facility at such rate and in such manner as we may from time to time determine and notify you and shall accrue from day to day on the daily amounts outstanding. In the absence of such notification, interest will be charged at 6% above prime lending rate quoted by the Standard Chartered Bank from time to time.
(f) If there is a debit balance in any of your Accounts which is a cash account and you hold a Margin Account, interest will be calculated on the combined debit balance and charged to the Margin Account.
(g) You shall deposit initial margin and/or additional margin with us in such form and amount and within such time as we may require from time to time and at any time. We reserve the right to vary any margin requirements as we may consider appropriate and you shall check with us to ascertain the applicable margin requirements from time to time.
(h) Any failure by you to meet any margin calls or to comply with any other provisions in this agreement shall entitle us to close out or liquidate in any manner any or all Securities in your Margin Account(s) without further notice to you.
(i) You shall, upon our demand at any time, repay to us all principal and interest accrued thereon outstanding under the Margin Facility, but nothing in this Clause shall prejudice our rights, powers and remedies under any security document executed in our favor in respect of the Margin Facility.
(j) Repayments of any amount outstanding under the Margin Facility may be made at any time and, subject to availability of funds and the provisions in this agreement, amounts repaid shall be available for re-drawing.
(k) In consideration of the Margin Facility made and to be made available to you from time to time, you as beneficial owner charge by way of security and release to us all your right, title and interest in and to each of your Account(s) including all the Securities, dividends, interest, stocks, shares, rights, money or property payable or accruing at any time hereafter by way of redemption, bonus, preference, option or otherwise until all indebtedness owing by you to us at any time in connection with the Margin Facility whether actually or contingently including interest thereon and all expenses incurred by us in enforcing and preserving our rights under this agreement (collectively “the Secured Indebtedness”) have been paid or discharged in full.
(l) A certificate of balance signed by any of our authorized officers shall be conclusive evidence against you of the amount of the Secured Indebtedness owing at any time unless and until the contrary has been established.
(m) No amount in any of the Margin Account(s) shall be released to, withdrawn from or otherwise dealt with by, you without our consent.
(n) The security created by Xxxxxx (k) above is a continuing security and is in addition to, shall not be affected by and may be enforced despite the existence of any other security held by us in respect of the Margin Facility. Any restriction on the right of consolidating security shall not apply to this security. If any event referred to in Clause (h) above occurs, we shall be entitled to enforce this security and may, without demand, notice, legal process or any other action against you, retain or apply the whole or any part of the assets held in all or any of the Margin Account(s) and/or any credit balance in any currency on all or any of your other Accounts with us, in or towards satisfaction of the Secured Indebtedness and we shall not be liable for any loss arising out of such retention or application.
(o) If any moneys paid to us in respect of the Secured Indebtedness are required to be repaid by virtue of any law relating to insolvency, bankruptcy or dissolution or for any other reason, we shall be entitled to enforce this agreement as if such moneys had not been paid.
(p) If you create or purport to create any security (whether fixed or floating) over any of the Margin Account(s) or any part of it or if any person levies or attempts to levy any form of process against any of the Margin Account(s) or any part of it, the security created by Clause (k) above, to the extent that it may be a floating charge, shall automatically and without notice operate as fixed charge instantly such event occurs.
(q) You hereby authorize us at any time and without prior notice to you to:
(i) apply any of your Securities in your Accounts (including the Margin Account) pursuant to a securities borrowing and lending agreement;
(ii) deposit any of your Securities in the Margin Account with an authorized institution as collateral for financial accommodation provided to us;
(iii) deposit any of your Securities in the Margin Account with a recognized clearing house or another intermediary licensed or registered for dealing in securities as collateral for the discharge and satisfaction of our settlement obligations and liabilities. The term of authorization contained in this Clause (q) shall be for a period commencing from the date of this agreement to 31 December of the calendar year when this addendum is executed, and may be renewed or shall be deemed to be renewed upon its expiry date for a further period of twelve months in such manner as may be required by applicable laws, regulations and codes of conduct from time to time. You may withdraw such authorization by giving us notice in writing of not less than 5 business days conditional upon your having discharged all outstanding debts owed to us.
(r) Any Securities which are held by us for the Margin Account may, at our discretion, be:
(i) registered in your name;
(ii) registered in our name or in the name of our associated entity (as defined in the Securities and Futures Ordinance);
(iii) deposited in safe custody in a designated account of our banker or with such other appropriate institution which provides safe custody facilities as may be permitted by the applicable laws and regulations.
(s) You hereby irrevocably appoint us to be your attorney and in your name and on your behalf and as your act or deed or otherwise, without reference to or consent from you, to execute all documents and to do all things as may be required for the full exercise of all or any of the powers conferred on us and our rights under this agreement as we may consider expedient in connection with the exercise of such powers and rights. You shall, at our request, execute such documents and perform such acts as we may consider expedient in connection with the exercise of our powers and rights under this agreement.
(t) Any money paid to us in respect of the Secured Indebtedness may be applied in or towards satisfaction of the same or placed to the credit of such account as we may determine with a view to preserving our rights or prove for the whole of the Secured Indebtedness.
(u) We may, at any time, continue any existing account and open new account in your name and no subsequent Transactions, receipts or payments involving such new accounts shall affect your liability.
(v) You confirm that you have read and agree to the terms of this agreement, which have been explained to you in a language that you understand. You also confirm that you have been invited to read the risk disclosure statements contained in the Client Agreement, ask questions and take independent advice if you so wish and you fully understand the risks involved and are prepared to accept such risks.
(w) This addendum shall form part of the Client Agreement I, a licensed person, hereby declare that I have on the date hereof (a) provided a copy of the margin facility and margin requirements addendum in a language of the Client's choice; (b) fully explained the contents of the margin facility and margin requirements addendum (including the relevant risk disclosure statements contained in the Client Agreement and (if applicable) the purposes of any authorization letters); and (c) invited the above applicant to read the margin facility and margin requirements addendum, ask questions, and take independent advice if the above applicant so wishes.
1. 定義
1.1 在本協議中 : 「戶口」 指以 閣下之名義不時為我們之服務在我們開立及維持之任何戶口。 「代理人」 指所有在我們提供服務時，不時聘用之代理人、相聯者、附屬成員、代名人、交易商、經紀、對手方、承辦商、保管人、資訊服務提供者、執行設施提供者及其他金融產品提供者 (包括其各自之授權代表)。 「結算所」 就香港交易所而言，指香港證券結算有限公司 ; 就其他交易所而言，指向有關的交易所提供跟香港證券結算有限公司相關之服務的結算公司。 「商品」 指任何物品包括但不限於農產商品、金屬、貨幣、股票、利率、指數 (包括股票指數或其他指數)或其他金融合約、能源、權益或權利、及如情況所需包括以上任何一項的期貨/期權合約(不論是否須於預定期限交貨)。 「不活躍」 為任何戶口而言，指任何戶口在過去連續18個月內無任何交易紀錄。 「交易所」 指由 閣下指示我們代表 閣下通過其進行證券、期貨合約或期權合約交易之任何證券或期貨公會、市場或交 易所，包括香港交易所及香港期貨交易所。 「期貨合約」或「期貨」 指在任何商品、期貨或期權交易所訂立並具有以下效力之合約； (a) 一方當事人允諾在雙方同意之預定時間及價格，交予另一方當事人雙方認可之商品或雙方認可數量的商品；或 (b) 雙方將在預定時間內根據該認可商品當時之價值與訂立合約時雙方協議的價值作出調整，無論前者之價值較後者之價值為高或低，有關差額將根據管轄該合約之商品、權貨或期權交易所規則決定。 「香港」 指香港特別行政區。 「香港交易所」 指香港聯合交易所有限公司。 「香港期貨交易所」 指香港期貨交易所有限公司。 「指示 」 指出 閣下就買入、賣出或任何證券之其他安排或交易、購買、出售或拋售任何期貨合約或期權合約或對我們服務之應用所發出之指示。 「期權合約」或「期權」 指一方(在此定義中稱為“第一方”)與另一方(在此定義中稱為“第二方”)在任何商品、期貨或期權交易所訂立的合約，藉此:- (a) 第一方向第二方授予在訂定時間當日或之前或在訂定時間當日(視乎所屬情況而定)以預定價格向第一方購買認可商品或認可數量的商品的權利(但並非責任)及，在第二方行使其購買權的情況下：-
(i) 第一方有責任以預定價格交付商品；
(ii) 第二方將根據商品價值超出預定價格(如有的話)的程度計算收取一筆款項，該款項乃根據有關合約所訂立的商品、期貨或期權交易所的規則而決定；或Agreement
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
