Common use of Client Assets Clause in Contracts

Client Assets. 3.1 All monies, securities or other property received by AIF SEC from the Client or from any other person (including the Clearing House and/or the Correspondent Broker) for the account of the Client shall be held by AIF SEC as trustee, segregated from AIF SEC’s own assets and paid into a Segregated Bank Account, a Segregated Debt Securities Account or a Segregated Securities Account (as the case may be), and that all monies, securities or other property so held by AIF SEC shall not form part of the assets of AIF SEC for insolvency or winding up purposes but shall be returned to the Client promptly upon the appointment of a provisional liquidator, liquidator or similar officer over all or any part of AIF SEC’s business or assets. 3.2 Any monies, Approved Debt Securities or Approved Securities received by AIF SEC from the Client or on behalf of the Client shall be held in the manner specified under paragraphs 7 to 12 of the Schedule 4 to the Code of Conduct and the Client authorises AIF SEC to apply any monies, Approved Debt Securities or Approved Securities which the Client may pay or deposit with AIF SEC in the manner specified under paragraphs 14 to 15 of Schedule 4 to the Code of Conduct. In particular, AIF SEC may apply any such monies, Approved Debt Securities or Approved Securities in or towards meeting AIF SEC’s obligations to any party insofar as such obligations arise in connection with or incidental to business of dealing in Contracts on the Client’s behalf. 3.3 Subject to the provisions of the SFO, the Client authorizes AIF SEC to withdraw from the Segregated Bank Account, the Segregated Debt Securities Account or the Segregated Securities Account and to apply any monies, any Approved Debt Securities or any Approved Securities paid or deposited by the Client to AIF SEC for the following manner: (i) properly required to meet obligations of AIF SEC to the Clearing House, an executing agent or any other party arising in connection with or incidental to Futures Contracts or Options Contracts transacted by AIF SEC on the instructions or behalf of the Client, provided that no withdrawal may be made which would have the effect that margin requirements, variation adjustment or other applicable adjustment requirements, or trading liabilities in respect of Futures Contracts or Options Contracts conducted on behalf of the Client are thereby financed by other clients' money; (ii) properly required to meet commission, brokerage, levies and other proper charges directly relating to Futures Contracts or Options Contracts transacted by AIF SEC on the instructions of the Client (whether or not payable to AIF SEC); (iii) to transfer monies to another Segregated Bank Account, to transfer Approved Debt Securities to another Segregated Debt Securities Account or to transfer Approved Securities to another Segregated Securities Account; (iv) to pay to or in accordance with the directions of the Client but in such a case, notwithstanding the Client's directions, no monies, no Approved Debt Securities and no Approved Securities may be paid or deposited into another account of AIF SEC unless it is a Segregated Bank Account, a Segregated Debt Securities Account or a Segregated Securities Account (as the case may be); (v) AIF SEC’s retaining of such amounts of interest derived from the holding of the Client's money; or (vi) in any other manner as permitted under the SFO. 3.4 The Client acknowledges that in respect of any account of AIF SEC maintained with the Clearing House, whether wholly or partly in respect of Futures Contracts or Options Contracts transacted on behalf of the Client and whether or not monies, Approved Debt Securities or Approved Securities paid or deposited by the Client has been paid to or deposited with the Clearing House, as between AIF SEC and the Clearing House, AIF SEC deals as principal and accordingly no such account is impressed with any trust or other equitable interest in favour of the Client Monies, Approved Debt Securities and Approved Securities paid to or deposited with the Clearing House are thereby free from the trust referred to in Clause 3.1 above. 3.5 The Client, as beneficial owner, charges in favour of AIF SEC by way of first fixed charge all securities, Commodities, Margin, or other properties from time to time deposited by or on behalf of the Client with AIF SEC, or purchased for or otherwise being held in or by or under the order or control of AIF SEC for the Account or any other account otherwise, including any and all rights, title and interest, present or future, therein (collectively, “Charged Assets”) as continuing security for all of the Client’s liabilities and obligations due, owing or incurred towards AIF SEC of whatever nature and from time to time (including without limitation the margin and delivery obligations arising from the futures and options positions of the Client) and the Client hereby assigns and releases to AIF SEC all such securities, Commodities, Margin, or other properties. AIF SEC is entitled to, without further notice, sell, realise or dispose of all or any of the Charged Assets at any time and in any manner which AIF SEC deems expedient for discharge of any indebtedness of the Client owing towards AIF SEC if the Client fails to comply with any terms of the Agreement or to pay any debts to AIF SEC. 3.6 The Client shall not be entitled to receive any interest accrued on the money of the Client in the Account; however, AIF SEC may at is full discretion pay part or all of such interest to the Client. 3.7 The Client agrees not to, and not purport to, create or allow to subsist, a charge, pledge or other encumbrance over the Account or Charged Assets (as defined in Clause 3.5) held or carried by AIF SEC for or in the Account.

Client Assets. 3.1 7.1 All monies, securities or other property received by AIF SEC the Broker from the Client or from any other person (including the Clearing House and/or the Correspondent BrokerHouse) for the account of the Client shall be held by AIF SEC the Broker as trustee, segregated from AIF SEC’s the Broker's own assets and paid into a Segregated Bank Account, a Segregated Debt Securities Account or a Segregated Securities Account (as the case may be), and that all monies, securities or other property so held by AIF SEC the Broker shall not form part of the assets of AIF SEC the Broker for insolvency or winding up purposes but shall be returned to the Client promptly upon the appointment of a provisional liquidator, liquidator or similar officer over all or any part of AIF SEC’s the Broker's business or assets. 3.2 7.2 Any monies, Approved Debt Securities or Approved Securities received by AIF SEC the Broker from the Client or on behalf of from any other person (including the Client Clearing House) shall be held in the manner specified under paragraphs 7 to 12 of the Schedule 4 to the Code of Conduct and the Client authorises AIF SEC the Broker to apply any monies, Approved Debt Securities or Approved Securities which the Client may pay or deposit with AIF SEC the Broker in the manner specified under paragraphs 14 to 15 of Schedule 4 to the Code of Conduct. In particular, AIF SEC you may apply any such monies, Approved Debt Securities or Approved Securities in or towards meeting AIF SECthe Broker’s obligations to any party insofar as such obligations arise in connection with or incidental to business of dealing in Futures/Options Contracts on the Client’s behalf. 3.3 Subject to the provisions of the SFO, the 7.3 The Client authorizes AIF SEC the Broker to withdraw from the Segregated Bank Account, the Segregated Debt Securities Account or the Segregated Securities Account and to apply any monies, any Approved Debt Securities or any Approved Securities paid or deposited by the Client to AIF SEC the Broker for the following manner: (iA) properly required to meet obligations of AIF SEC the Broker to the Clearing House, an executing agent or any other party arising in connection with or incidental to Futures Contracts or Options Contracts transacted by AIF SEC the Broker on the instructions or behalf of the Client, provided that no withdrawal may be made which would have the effect that margin Clearing House Margin requirements, variation adjustment or other applicable adjustment requirements, or trading liabilities in respect of Futures Contracts or Options Contracts conducted on behalf of the Client are thereby financed by other clients' money; (iiB) properly required to meet commission, brokerage, levies and other proper charges directly relating to Futures Contracts or Options Contracts transacted by AIF SEC the Broker on the instructions of the Client (whether or not payable to AIF SECthe Broker); (iiiC) to transfer monies to another Segregated Bank Account, to transfer Approved Debt Securities to another Segregated Debt Securities Account or to transfer Approved Securities to another Segregated Securities Account; (ivD) to pay to or in accordance with the directions of the Client but in such a case, notwithstanding the Client's directions, no monies, no Approved Debt Securities and no Approved Securities may be paid or deposited into another account of AIF SEC the Broker unless it is a Segregated Bank Account, a Segregated Debt Securities Account or a Segregated Securities Account (as the case may be);; and (vE) AIF SECthe Broker’s retaining of such amounts of interest derived from the holding of the Client's money; or (vi) . In particular, the Client acknowledges that the Broker may apply such monies, Approved Debt Securities or Approved Securities in or towards meeting the Broker's obligations to any other manner party insofar as permitted under such obligations arise in connection with or incidental to all Futures/Options Contracts transacted on the SFOClient's behalf. The Client agrees that all the interest derived from the holding of the Client's money belongs to the Broker who has right to retain all such interest. 3.4 7.4 The Client acknowledges that in respect of any account of AIF SEC the Broker maintained with the Clearing House, whether wholly or partly in respect of Futures Contracts or Options Contracts transacted on behalf of the Client and whether or not monies, Approved Debt Securities or Approved Securities paid or deposited by the Client has been paid to or deposited with the Clearing House, as between AIF SEC the Broker and the Clearing House, AIF SEC the Broker deals as principal and accordingly no such account is impressed with any trust or other equitable interest in favour of the Client Client. Monies, Approved Debt Securities and Approved Securities paid to or deposited with the Clearing House are thereby free from the trust referred to in Clause 3.1 above7.1. 3.5 7.5 The Client, as beneficial owner, charges in favour of AIF SEC the Broker by way of first fixed charge all securities, Commodities, Margin, or other properties from time to time deposited by or on behalf of the Client with AIF SECthe Broker, or purchased for or otherwise being held in or by or under the order or control of AIF SEC the Broker for the Account or any other account otherwise, including any and all rights, title and interest, present or future, therein (collectively, “Charged Assets”) as continuing security for all of the Client’s liabilities and obligations due, owing or incurred towards AIF SEC the Broker of whatever nature and from time to time (including without limitation the margin and delivery obligations arising from the futures and options positions of the Client) and the Client hereby assigns and releases to AIF SEC the Broker all such securities, Commodities, Margin, or other properties. AIF SEC The Broker is entitled to, without further notice, sell, realise or dispose of all or any of the Charged Assets at any time and in any manner which AIF SEC the Broker deems expedient for discharge of any indebtedness of the Client owing towards AIF SEC the Broker if the Client fails to comply with any terms of the Agreement or to pay any debts to AIF SECthe Broker. 3.6 7.6 The Broker has absolute discretion whether to pay or not to pay to the Client shall not be entitled to receive any interest accrued on the any money of the Client in the Account; however, AIF SEC may at is full discretion pay part or all of such . No interest on the money in the Account shall be paid to the ClientClient unless the Broker has resolved to pay interest at interest rate determined by the Broker from time to time at its absolute discretion taking into consideration of prevailing market rates. 3.7 The Client agrees not to, and not purport to, create or allow to subsist, a charge, pledge or other encumbrance over the Account or Charged Assets (as defined in Clause 3.5) held or carried by AIF SEC for or in the Account.

Client Assets. 3.1 7.1 All monies, securities or other property received by AIF SEC CJF HK from the Client or from any other person (including the Clearing House and/or the Correspondent BrokerHouse) for the account of the Client shall be held by AIF SEC CJF HK as trustee, segregated from AIF SEC’s CJF HK's own assets and paid into a Segregated Bank Account, a Segregated Debt Securities Account or a Segregated Securities Account (as the case may be), and that all monies, securities or other property so held by AIF SEC CJF HK shall not form part of the assets of AIF SEC CJF HK for insolvency or winding up purposes but shall be returned to the Client promptly upon the appointment of a provisional liquidator, liquidator or similar officer over all or any part of AIF SEC’s CJF HK's business or assets. 3.2 7.2 Any monies, Approved Debt Securities or Approved Securities received by AIF SEC CJF HK from the Client or on behalf of the Client shall be held in the manner specified under paragraphs 7 to 12 of the Schedule 4 to the Code of Conduct and the Client authorises AIF SEC CJF HK to apply any monies, Approved Debt Securities or Approved Securities which the Client may pay or deposit with AIF SEC CJF HK in the manner specified under paragraphs 14 to 15 of Schedule 4 to the Code of Conduct. In particular, AIF SEC CJF HK may apply any such monies, Approved Debt Securities or Approved Securities in or towards meeting AIF SEC’s CJF HK's obligations to any party insofar as such obligations arise in connection with or incidental to business of dealing in Futures/Options Contracts on the Client’s 's behalf. This Clause is subject to Clause 3.20. 3.3 7.3 Subject to the provisions of the SFO, the Client authorizes AIF SEC CJF HK to withdraw from the Segregated Bank Account, the Segregated Debt Securities Account or the Segregated Securities Account and to apply any monies, any Approved Debt Securities or any Approved Securities paid or deposited by the Client to AIF SEC CJF HK for the following manner: (iA) properly required to meet obligations of AIF SEC CJF HK to the Clearing House, an executing agent or any other party arising in connection with or incidental to Futures Contracts or Options Contracts transacted by AIF SEC CJF HK on the instructions or behalf of the Client, provided that no withdrawal may be made which would have the effect that margin requirements, variation adjustment or other applicable adjustment requirements, or trading liabilities in respect of Futures Contracts or Options Contracts conducted on behalf of the Client are thereby financed by other clients' money; (iiB) properly required to meet commission, brokerage, levies and other proper charges directly relating to Futures Contracts or Options Contracts transacted by AIF SEC CJF HK on the instructions of the Client (whether or not payable to AIF SECCJF HK); (iiiC) to transfer monies to another Segregated Bank Account, to transfer Approved Debt Securities to another Segregated Debt Securities Account or to transfer Approved Securities to another Segregated Securities Account; (iv) to pay to or in accordance with the directions of the Client but in such a case, notwithstanding the Client's directions, no monies, no Approved Debt Securities and no Approved Securities may be paid or deposited into another account of AIF SEC unless it is a Segregated Bank Account, a Segregated Debt Securities Account or a Segregated Securities Account (as the case may be); (v) AIF SEC’s retaining of such amounts of interest derived from the holding of the Client's money; or (vi) in any other manner as permitted under the SFO. 3.4 The Client acknowledges that in respect of any account of AIF SEC maintained with the Clearing House, whether wholly or partly in respect of Futures Contracts or Options Contracts transacted on behalf of the Client and whether or not monies, Approved Debt Securities or Approved Securities paid or deposited by the Client has been paid to or deposited with the Clearing House, as between AIF SEC and the Clearing House, AIF SEC deals as principal and accordingly no such account is impressed with any trust or other equitable interest in favour of the Client Monies, Approved Debt Securities and Approved Securities paid to or deposited with the Clearing House are thereby free from the trust referred to in Clause 3.1 above. 3.5 The Client, as beneficial owner, charges in favour of AIF SEC by way of first fixed charge all securities, Commodities, Margin, or other properties from time to time deposited by or on behalf of the Client with AIF SEC, or purchased for or otherwise being held in or by or under the order or control of AIF SEC for the Account or any other account otherwise, including any and all rights, title and interest, present or future, therein (collectively, “Charged Assets”) as continuing security for all of the Client’s liabilities and obligations due, owing or incurred towards AIF SEC of whatever nature and from time to time (including without limitation the margin and delivery obligations arising from the futures and options positions of the Client) and the Client hereby assigns and releases to AIF SEC all such securities, Commodities, Margin, or other properties. AIF SEC is entitled to, without further notice, sell, realise or dispose of all or any of the Charged Assets at any time and in any manner which AIF SEC deems expedient for discharge of any indebtedness of the Client owing towards AIF SEC if the Client fails to comply with any terms of the Agreement or to pay any debts to AIF SEC. 3.6 The Client shall not be entitled to receive any interest accrued on the money of the Client in the Account; however, AIF SEC may at is full discretion pay part or all of such interest to the Client. 3.7 The Client agrees not to, and not purport to, create or allow to subsist, a charge, pledge or other encumbrance over the Account or Charged Assets (as defined in Clause 3.5) held or carried by AIF SEC for or in the Account.任何限制（如有的話），不得遲於下一個營業日之營業時間結束前或必須在長江期貨按其絕對酌情權決定和向客戶指明的較短期間內履行支付保證金或變價調整的要求。如客戶未能於長江期貨指明的期間內或作出追繳保證金或變價調整通知時，履行支付保證金或變價調整要求，此事將構成失責事件，長江期貨可行使第

Client Assets. 3.1 7.1 All monies, securities or other property received by AIF SEC CJF HK from the Client or from any other person (including the Clearing House and/or the Correspondent BrokerHouse) for the account of the Client shall be held by AIF SEC CJF HK as trustee, segregated from AIF SEC’s CJF HK's own assets and paid into a Segregated Bank Account, a Segregated Debt Securities Account or a Segregated Securities Account (as the case may be), and that all monies, securities or other property so held by AIF SEC CJF HK shall not form part of the assets of AIF SEC CJF HK for insolvency or winding up purposes but shall be returned to the Client promptly upon the appointment of a provisional liquidator, liquidator or similar officer over all or any part of AIF SEC’s CJF HK's business or assets. 3.2 7.2 Any monies, Approved Debt Securities or Approved Securities received by AIF SEC CJF HK from the Client or on behalf of the Client shall be held in the manner specified under paragraphs 7 to 12 of the Schedule 4 to the Code of Conduct and the Client authorises AIF SEC CJF HK to apply any monies, Approved Debt Securities or Approved Securities which the Client may pay or deposit with AIF SEC CJF HK in the manner specified under paragraphs 14 to 15 of Schedule 4 to the Code of Conduct. In particular, AIF SEC CJF HK may apply any such monies, Approved Debt Securities or Approved Securities in or towards meeting AIF SEC’s CJF HK's obligations to any party insofar as such obligations arise in connection with or incidental to business of dealing in Futures/Options Contracts on the Client’s 's behalf. This Clause is subject to Clause 3.20. 3.3 7.3 Subject to the provisions of the SFO, the Client authorizes AIF SEC CJF HK to withdraw from the Segregated Bank Account, the Segregated Debt Securities Account or the Segregated Securities Account and to apply any monies, any Approved Debt Securities or any Approved Securities paid or deposited by the Client to AIF SEC CJF HK for the following manner: (iA) properly required to meet obligations of AIF SEC CJF HK to the Clearing House, an executing agent or any other party arising in connection with or incidental to Futures Contracts or Options Contracts transacted by AIF SEC CJF HK on the instructions or behalf of the Client, provided that no withdrawal may be made which would have the effect that margin requirements, variation adjustment or other applicable adjustment requirements, or trading liabilities in respect of Futures Contracts or Options Contracts conducted on behalf of the Client are thereby financed by other clients' money; (iiB) properly required to meet commission, brokerage, levies and other proper charges directly relating to Futures Contracts or Options Contracts transacted by AIF SEC CJF HK on the instructions of the Client (whether or not payable to AIF SECCJF HK); (iiiC) to transfer monies to another Segregated Bank Account, to transfer Approved Debt Securities to another Segregated Debt Securities Account or to transfer Approved Securities to another Segregated Securities Account; (ivD) to pay to or in accordance with the directions of the Client but in such a case, notwithstanding the Client's directions, no monies, no Approved Debt Securities and no Approved Securities may be paid or deposited into another account of AIF SEC CJF HK unless it is a Segregated Bank Account, a Segregated Debt Securities Account or a Segregated Securities Account (as the case may be); (v) AIF SEC’s retaining of such amounts of interest derived from the holding of the Client's money; or (vi) in any other manner as permitted under the SFO. 3.4 The Client acknowledges that in respect of any account of AIF SEC maintained with the Clearing House, whether wholly or partly in respect of Futures Contracts or Options Contracts transacted on behalf of the Client and whether or not monies, Approved Debt Securities or Approved Securities paid or deposited by the Client has been paid to or deposited with the Clearing House, as between AIF SEC and the Clearing House, AIF SEC deals as principal and accordingly no such account is impressed with any trust or other equitable interest in favour of the Client Monies, Approved Debt Securities and Approved Securities paid to or deposited with the Clearing House are thereby free from the trust referred to in Clause 3.1 above. 3.5 The Client, as beneficial owner, charges in favour of AIF SEC by way of first fixed charge all securities, Commodities, Margin, or other properties from time to time deposited by or on behalf of the Client with AIF SEC, or purchased for or otherwise being held in or by or under the order or control of AIF SEC for the Account or any other account otherwise, including any and all rights, title and interest, present or future, therein (collectively, “Charged Assets”) as continuing security for all of the Client’s liabilities and obligations due, owing or incurred towards AIF SEC of whatever nature and from time to time (including without limitation the margin and delivery obligations arising from the futures and options positions of the Client) and the Client hereby assigns and releases to AIF SEC all such securities, Commodities, Margin, or other properties. AIF SEC is entitled to, without further notice, sell, realise or dispose of all or any of the Charged Assets at any time and in any manner which AIF SEC deems expedient for discharge of any indebtedness of the Client owing towards AIF SEC if the Client fails to comply with any terms of the Agreement or to pay any debts to AIF SEC. 3.6 The Client shall not be entitled to receive any interest accrued on the money of the Client in the Account; however, AIF SEC may at is full discretion pay part or all of such interest to the Client. 3.7 The Client agrees not to, and not purport to, create or allow to subsist, a charge, pledge or other encumbrance over the Account or Charged Assets (as defined in Clause 3.5) held or carried by AIF SEC for or in the Account.指明的期間內或作出追繳保證金或變價調整通知時，履行支付保證金或變價調整要求，此事將構成失責事件，長江期貨可行使第