Common use of Agreement and Representations Clause in Contracts

Agreement and Representations. Licenses and Jurisdiction(s): MTC as it pertains to this agreement is a trading name for "Atlantic Pearl Financial (PTY) Ltd", who are the primary operating subsidiary within the group and are a licensed FSP who are authorised and regulated in South Africa by the Financial Sector Conduct Authority (FSCA), holding FPS Number 50420. a) The Client Services Agreement (comprising the Client Application Form and General Terms and Conditions) and the DISCLOSURE DOCS, are one agreement for the purposes of this Agreement; b) The Client has full power and authority to enter into this Agreement and any resulting transactions and to perform the obligations under it. The Client warrants that they will provide full and accurate information as requested, will disclose all relevant information and will act in good faith and observe all applicable Laws, codes and regulations during all dealings with MTC; Where the Client is a Company or incorporated entity, the Client warrants that the Company or incorporated entity is formed legally and has the power and authority to trade in and deal on Rolling Spot Currency Contracts and the person(s) executing this Agreement has the power and authority to execute this Agreement ; Where the Client is a trust or partnership, the Client warrants that the Trust Deed or Partnership Document (as appropriate) permits dealing in said Contracts and the person executing this Agreement has such power and authority to execute this Agreement; c) the Client has considered their own financial circumstances, needs and objectives and established that dealing in Contracts is appropriate for them. The Client warrants that they understand the risks, terms and conditions of the transactions entered into with MTC (regardless of any other information supplied by MTC) and is willing to take on those risks. d) MTC does not, nor do any of its directors, officers, agents or employees, guarantee repayment of capital or payment of income in relation to any investment made by MTC on the Client’s behalf. e) the Client will deal with MTC on a principal to principal basis only and no other person has or will have any other interest in any Contract that MTC holds on the Client’s behalf. If a Client wishes to act as agent for another party, the Client will advise MTC and request MTC to set up another account. f) the Client has had an opportunity to obtain independent financial and taxation advice concerning the Client Services Agreement and Disclosure Document; g) all money and/or assets deposited with MTC as collateral or Margin are owned by the Client and free of any lien, charge, security, interest or other encumbrance. h) no part of any funds remitted by the Client have been the proceeds of any illegal activity or used for any terrorist financing or money laundering activities. The Client agrees to provide such information related to their business and financial affairs as may be reasonably requested by MTC in order to comply with AML/CTF or other legislative requirements.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

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Agreement and Representations. Licenses SPFX, We or Us means Solidary Prime Ltd The Client wishes to appoint SPFX to deal in Spot Foreign Exchange and Jurisdiction(s): MTC as it pertains to this agreement is a trading name for "Atlantic Pearl Financial (PTY) Ltd"Spot Metal Contracts on its behalf. In doing so, who are the primary operating subsidiary within the group and are a licensed FSP who are authorised and regulated in South Africa by the Financial Sector Conduct Authority (FSCA), holding FPS Number 50420.Client acknowledges that: a) The Client Services Agreement (comprising the Client Application Form and Form, General Terms and Conditions) Conditions and the DISCLOSURE DOCS, Disclosure Statement are one agreement for the purposes of this Agreement; b) The Client has full power and authority to enter into this Agreement and any resulting transactions and to perform the obligations under it. The Client warrants that they will provide full and accurate information as requested, will disclose all relevant information and will act in good faith and observe all applicable Laws, codes and regulations during all dealings with MTCSPFX; Where the Client is a Company or incorporated entity, the Client warrants that the Company or incorporated entity is formed legally and has the power and authority to trade in and deal on Rolling Spot Currency in Contracts and the person(s) executing this Agreement has the power and authority to execute this Agreement ; c) Where the Client is a trust or partnership, the Client warrants that the Trust Deed or Partnership Document (as appropriate) permits dealing in Contracts and the person executing this Agreement has such power and authority to execute this Agreement; Where the Client is a trust or partnership, the Client warrants that the Trust Deed or Partnership Document (as appropriate) permits dealing in said Contracts and the person executing this Agreement has such power and authority to execute this Agreement; cd) the Client has considered their own financial circumstances, needs and objectives and established that dealing in Contracts is appropriate for them. The Client warrants that they understand the risks, terms and conditions of the transactions entered into with MTC SPFX (regardless of any other information supplied by MTCSPFX) and is willing to take on those risks. de) MTC SPFX does not, nor do any of its directors, officers, agents agents, or employees, guarantee repayment of capital or payment of income in relation to about any investment made by MTC SPFX on the Client’s behalf. ef) the Client will deal with MTC SPFX on a principal to principal basis only and no other person has or will have any other interest in any Contract that MTC SPFX holds on the Client’s behalf. If a Client wishes to act as an agent for another party, the Client will advise MTC SPFX and request MTC SPFX to set up another account. fg) the Client has had an opportunity to obtain independent financial and taxation advice concerning the Client Services Agreement and Disclosure Document; gh) all money and/or assets deposited with MTC SPFX as collateral or Margin are owned by the Client and free of any lien, charge, security, interest or other encumbrance. hi) no part of any funds remitted by the Client have been the proceeds of any illegal activity or used for any terrorist financing or money laundering activities. The Client agrees to provide such information related to their business and financial affairs as may be reasonably requested by MTC SPFX in order to comply with AML/CTF or other legislative requirements.

Appears in 1 contract

Samples: Client Services Agreement

Agreement and Representations. Licenses and Jurisdiction(s): MTC as it pertains to this agreement is a trading name for "Atlantic Pearl Financial (PTY) Ltd"DTS LLC, who are the primary operating subsidiary within the group and are a licensed FSP who are authorised and regulated in South Africa by the Financial Sector Conduct Authority (FSCA), holding FPS Number 50420.We or Us means DTS LLC a) The Client Services Agreement (comprising the Client Application Form and Form, General Terms and Conditions) Conditions and the DISCLOSURE DOCS, Disclosure Statement are one agreement for the purposes of this Agreement;. b) The Client has full power and authority to enter into this Agreement and any resulting transactions and to perform the obligations under it. The Client warrants that they will provide full and accurate information as requested, will disclose all relevant information and will act in good faith and observe all applicable Lawslaws, codes and regulations during all dealings with MTCDTS LLC; Where the Client is a Company or incorporated entity, the Client warrants that the Company or incorporated entity is formed legally and has the power and authority to trade in and deal on Rolling Spot Currency in Contracts and the person(s) executing this Agreement has the power and authority to execute this Agreement ; Where the Client is a trust or partnership, the Client warrants that the Trust Deed or Partnership Document (as appropriate) permits dealing in said Contracts and the person executing this Agreement has such power and authority to execute this Agreement;. c) the Client has considered their own financial circumstances, needs and objectives and established that dealing in Contracts is appropriate for them. The Client warrants that they understand the risks, terms and conditions of the transactions entered into with MTC DTS LLC (regardless of any other information supplied by MTCDTS LLC) and is willing to take on those risks. d) MTC DTS LLC does not, nor do any of its directors, officers, agents or employees, guarantee repayment of capital or payment of income in relation to about any investment made by MTC DTS LLC on the Client’s behalf. e) the Client will deal with MTC DTS LLC on a principal to principal basis only and no other person has or will have any other interest in any Contract that MTC DTS LLC holds on the Client’s behalf. If a Client wishes to act as an agent for another party, the Client will advise MTC DTS LLC and request MTC DTS LLC to set up another account. f) the Client has had an opportunity to obtain independent financial and taxation advice concerning the Client Services Agreement and Disclosure Document;. g) all money and/or assets deposited with MTC DTS LLC as collateral or Margin are owned by the Client and free of any lien, charge, security, interest interest, or other encumbrance. h) no part of any funds remitted by the Client have been the proceeds of any illegal activity or used for any terrorist financing or money laundering activities. The Client agrees to provide such information related to their business and financial affairs as may be reasonably requested by MTC in order DTS LLC to comply with AML/CTF or other legislative requirements.

Appears in 1 contract

Samples: Client Services Agreement

Agreement and Representations. Licenses The Client wishes to appoint LCM to deal in Spot Foreign Exchange and Jurisdiction(s): MTC as it pertains to this agreement is a trading name for "Atlantic Pearl Financial (PTY) Ltd"Spot Metal Contracts on its behalf. In doing so, who are the primary operating subsidiary within the group and are a licensed FSP who are authorised and regulated in South Africa by the Financial Sector Conduct Authority (FSCA), holding FPS Number 50420.Client acknowledges that: a) The Client Services Agreement (comprising the Client Application Form and Form, General Terms and Conditions) Conditions and the DISCLOSURE DOCS, Disclosure Statement are one agreement for the purposes of this Agreement; b) The Client has full power and authority to enter into this Agreement and any resulting transactions and to perform the obligations under it. The Client warrants that they will provide full and accurate information as requested, will disclose all relevant information and will act in good faith and observe all applicable Laws, codes and regulations during all dealings with MTCLCM; Where the Client is a Company or incorporated entity, the Client warrants that the Company or incorporated entity is formed legally and has the power and authority to trade in and deal on Rolling Spot Currency in Contracts and the person(s) executing this Agreement has the power and authority to execute this Agreement ; Where the Client is a trust or partnership, the Client warrants that the Trust Deed or Partnership Document (as appropriate) permits dealing in said Contracts and the person executing this Agreement has such power and authority to execute this Agreement; c) the Client has considered their own financial circumstances, needs and objectives and established that dealing in Contracts is appropriate for them. The Client warrants that they understand the risks, terms and conditions of the transactions entered into with MTC LCM (regardless of any other information supplied by MTCLCM) and is willing to take on those risks. d) MTC LCM does not, nor do any of its directors, officers, agents or employees, guarantee repayment of capital or payment of income in relation to any investment made by MTC LCM on the Client’s Client‟s behalf. e) the Client will deal with MTC LCM on a principal to principal basis only and no other person has or will have any other interest in any Contract that MTC LCM holds on the Client’s Client‟s behalf. If a Client wishes to act as agent for another party, the Client will advise MTC LCM and request MTC LCM to set up another account. f) the Client has had an opportunity to obtain independent financial and taxation advice concerning the Client Services Agreement and Disclosure Document; g) all money and/or assets deposited with MTC LCM as collateral or Margin are owned by the Client and free of any lien, charge, security, interest or other encumbrance. h) no part of any funds remitted by the Client have been the proceeds of any illegal activity or used for any terrorist financing or money laundering activities. The Client agrees to provide such information related to their business and financial affairs as may be reasonably requested by MTC LCM in order to comply with AML/CTF or other legislative requirements.

Appears in 1 contract

Samples: Client Services Agreement

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Agreement and Representations. Licenses The Client wishes to appoint Lucror to deal in Spot Foreign Exchange and Jurisdiction(s): MTC as it pertains to this agreement is a trading name for "Atlantic Pearl Financial (PTY) Ltd"Spot Metal Contracts on its behalf. In doing so, who are the primary operating subsidiary within the group and are a licensed FSP who are authorised and regulated in South Africa by the Financial Sector Conduct Authority (FSCA), holding FPS Number 50420.Client acknowledges that: a) The Client Services Agreement (comprising the Client Application Form and Form, General Terms and Conditions) Conditions and the DISCLOSURE DOCS, Disclosure Statement are one agreement for the purposes of this Agreement; b) The Client has full power and authority to enter into this Agreement and any resulting transactions and to perform the obligations under it. The Client warrants that they will provide full and accurate information as requested, will disclose all relevant information and will act in good faith and observe all applicable Laws, codes and regulations during all dealings with MTCLucror; Where the Client is a Company or incorporated entity, the Client warrants that the Company or incorporated entity is formed legally and has the power and authority to trade in and deal on Rolling Spot Currency in Contracts and the person(s) executing this Agreement has the power and authority to execute this Agreement ; Where the Client is a trust or partnership, the Client warrants that the Trust Deed or Partnership Document (as appropriate) permits dealing in said Contracts and the person executing this Agreement has such power and authority to execute this Agreement; c) the Client has considered their own financial circumstances, needs and objectives and established that dealing in Contracts is appropriate for them. The Client warrants that they understand the risks, terms and conditions of the transactions entered into with MTC Lucror (regardless of any other information supplied by MTCLucror) and is willing to take on those risks. d) MTC Lucror does not, nor do any of its directors, officers, agents or employees, guarantee repayment of capital or payment of income in relation to any investment made by MTC Lucror on the Client’s behalf. e) the Client will deal with MTC Lucror on a principal to principal basis only and no other person has or will have any other interest in any Contract that MTC Lucror holds on the Client’s behalf. If a Client wishes to act as agent for another party, the Client will advise MTC Lucror and request MTC Lucror to set up another account. f) the Client has had an opportunity to obtain independent financial and taxation advice concerning the Client Services Agreement and Disclosure Document; g) all money and/or assets deposited with MTC Lucror as collateral or Margin are owned by the Client and free of any lien, charge, security, interest or other encumbrance. h) no part of any funds remitted by the Client have been the proceeds of any illegal activity or used for any terrorist financing or money laundering activities. The Client agrees to provide such information related to their business and financial affairs as may be reasonably requested by MTC Lucror in order to comply with AML/CTF or other legislative requirements.

Appears in 1 contract

Samples: General Terms and Conditions

Agreement and Representations. Licenses and Jurisdiction(s): MTC Mt.Cook International: as it pertains to this agreement is a trading name for "Atlantic Pearl Financial Ltd.”, which is incorporated in Nevis as an International Business Company with registration number C 53330 (PTY) Ltd", who are the primary operating subsidiary within the group and are a licensed FSP who are authorised and regulated in South Africa by the Financial Sector Conduct Authority (FSCABloomberg LEI: 254900XZNJPUMGKTRK15), holding FPS Number 50420. a) The Client Services Agreement (comprising the Client Application Form and General Terms and Conditions) and the DISCLOSURE DOCS, are one agreement for the purposes of this Agreement; b) The Client has full power and authority to enter into this Agreement and any resulting transactions and to perform the obligations under it. The Client warrants that they will provide full and accurate information as requested, will disclose all relevant information and will act in good faith and observe all applicable Laws, codes and regulations during all dealings with MTC; Where the Client is a Company or incorporated entity, the Client warrants that the Company or incorporated entity is formed legally and has the power and authority to trade in and deal on Rolling Spot Currency Contracts and the person(s) executing this Agreement has the power and authority to execute this Agreement ; Where the Client is a trust or partnership, the Client warrants that the Trust Deed or Partnership Document (as appropriate) permits dealing in said Contracts and the person executing this Agreement has such power and authority to execute this Agreement; c) the Client has considered their own financial circumstances, needs and objectives and established that dealing in Contracts is appropriate for them. The Client warrants that they understand the risks, terms and conditions of the transactions entered into with MTC (regardless of any other information supplied by MTC) and is willing to take on those risks. d) MTC does not, nor do any of its directors, officers, agents or employees, guarantee repayment of capital or payment of income in relation to any investment made by MTC on the Client’s behalf. e) the Client will deal with MTC on a principal to principal basis only and no other person has or will have any other interest in any Contract that MTC holds on the Client’s behalf. If a Client wishes to act as agent for another party, the Client will advise MTC and request MTC to set up another account. f) the Client has had an opportunity to obtain independent financial and taxation advice concerning the Client Services Agreement and Disclosure Document; g) all money and/or assets deposited with MTC as collateral or Margin are owned by the Client and free of any lien, charge, security, interest or other encumbrance. h) no part of any funds remitted by the Client have been the proceeds of any illegal activity or used for any terrorist financing or money laundering activities. The Client agrees to provide such information related to their business and financial affairs as may be reasonably requested by MTC in order to comply with AML/CTF or other legislative requirements.

Appears in 1 contract

Samples: General Terms and Conditions

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