Client Identity Information. Without affecting any other provisions of this Agreement, in connection with any lawful request for information made to ZUNDIAO by the SEHK and/or the SFC in respect of any transaction relating to the Account with ZUNDIAO: 15.1 Upon request by ZUNDIAO, the Client shall immediately and within two days (or such other time period as by be specified by ZUNDIAO) provide the following information to ZUNDIAO and/or a regulator: identity, address, occupation, contact details, other identification particulars, and/or in the case of a corporate entity, nature and scope of business activities, source of funds, business structure, shareholdings and other information) relating to the ultimate beneficial owner(s) of the Account and/or the person(s) ultimately responsible for the giving of instructions in relation to any transaction or in relation to any dealings with any securities or investments in the Account. amongst other requested information of: (a) the party on whose account the transaction was effected (so far as known to the Client) (b) the person or entity (legal or otherwise) who that stands to gain the commercial or economic benefit in the transaction and/or bear its commercial or economic risk; and (c) any third party who originated the transaction; 15.2 If the Client effected the transaction for a collective investment scheme, discretionary account or discretionary trust, the Client shall: (a) immediately upon request by ZUNDIAO,and within two days (or such other time period as by be specified by ZUNDIAO) inform ZUNDIAO and/or a regulator i of the name, identity, address and contact details of the scheme, account or trust and, if applicable, the identity, address, occupation and contact details of the person who, on behalf of the scheme, account or trust, instructed the Client to effect the transaction; and (b) the Client shall inform ZUNDIAO immediately when the Client's discretion to invest on behalf of any scheme, trust or account has been overridden. In such event, the Client shall immediately upon ZUNDIAO's request and within the time specified by ZUNDIAO, provide to ZUNDIAO and/or a regulator the identity, address, occupation and contact details of the person(s) who has or have given the instruction in relation to the transaction or revocation or termination; and 15.3 If a multilevel client relationship exists, and the Client does not know the particulars of the underlying Client for whom the transaction was effected, the Client confirms that: (a) the Client shall have the arrangements in place which would entitle the Client to obtain and provide the information set out in this Sub-clause 15.1 and / or 15.2 above from its client to ZUNDIAO and/or a regulator, immediately upon request or procure that such information be obtained within two days; (b) the Client shall, upon request from ZUNDIAO in relation to a transaction under its Account, immediately request the information set out in this Sub-clause 15.1 and / or 15.2 above from its client on whose instructions the transaction was effected so that the information can be provided to the Regulator immediately; (c) Client shall, upon ZUNDIAO’s request, immediately obtain all such information from any relevant third party, and provide that information to ZUNDIAO and/or a regulator within two days or such other time period as may be specified by ZUNDIAO and/or the a regulator; and (d) ZUNDIAO may, pending receipt by it and/or by a regulator of such information, or if such information is not received within two days or such other the time period as may be specified by ZUNDIAO and/or a regulator, decide in its absolute discretion and at any time, not to act (even if such declining may result in any loss) or not to give effect to any of Client’s instructions and/or to suspend or terminate the effecting of any transaction or the operation of the Account. 15.4 Client confirms that Client is not subject to any Applicable Law, which prohibits the Client’s performance of the obligation under this clause or, if the Client is subject to such Applicable Law, the Client or Client’s own customers, as the case may be, has or have waived the benefit of such Applicable Law or consented in writing to the performance by Client of the obligations under this clause. Client confirms that such waivers are valid and binding under Applicable Law. 15.5 The Client’s obligation to provide information under this clause shall continue in full force and effect notwithstanding the termination of this Agreement.
Appears in 2 contracts
Samples: Client Account Agreement, Cash Client Agreement (Corporate/Institutional Clients)
Client Identity Information. Without affecting any other provisions of this Agreement, in connection with any lawful request for information made to ZUNDIAO by the SEHK and/or the SFC in respect of any transaction relating to the Account with ZUNDIAOXXXXXXX:
15.1 Upon request by ZUNDIAOXXXXXXX, the Client shall immediately and within two days (or such other time period as by be specified by ZUNDIAOXXXXXXX) provide the following information to ZUNDIAO and/or a regulator: identity, address, occupation, contact details, other identification particulars, and/or in the case of a corporate entity, nature and scope of business activities, source of funds, business structure, shareholdings and other information) relating to the ultimate beneficial owner(s) of the Account and/or the person(s) ultimately responsible for the giving of instructions in relation to any transaction or in relation to any dealings with any securities or investments in the Account. Account amongst other requested information of:
(a) the party on whose account the transaction was effected (so far as known to the Client)
(b) the person or entity (legal or otherwise) who that stands to gain the commercial or economic benefit in the transaction and/or bear its commercial or economic risk; and
(c) any third party who originated the transaction;
15.2 If the Client effected the transaction for a collective investment scheme, discretionary account or discretionary trust, the Client shall:
(a) immediately upon request by ZUNDIAOXXXXXXX,and within two days (or such other time period as by be specified by ZUNDIAOXXXXXXX) inform ZUNDIAO XXXXXXX and/or a regulator i of the name, identity, address and contact details of the scheme, account or trust and, if applicable, the identity, address, occupation and contact details of the person who, on behalf of the scheme, account or trust, instructed the Client to effect the transaction; and
(b) the Client shall inform ZUNDIAO XXXXXXX immediately when the Client's discretion to invest on behalf of any scheme, trust or account has been overridden. In such event, the Client shall immediately upon ZUNDIAOXXXXXXX's request and within the time specified by ZUNDIAOXXXXXXX, provide to ZUNDIAO and/or a regulator the identity, address, occupation and contact details of the person(s) who has or have given the instruction in relation to the transaction or revocation or termination; and
15.3 If a multilevel client relationship exists, and the Client does not know the particulars of the underlying Client for whom the transaction was effected, the Client confirms that:
(a) the Client shall have the arrangements in place which would entitle the Client to obtain and provide the information set out in this Sub-clause 15.1 and / or 15.2 above from its client to ZUNDIAO and/or a regulator, immediately upon request or procure that such information be obtained within two days;
(b) the Client shall, upon request from ZUNDIAO in relation to a transaction under its Account, immediately request the information set out in this Sub-clause 15.1 and / or 15.2 above from its client on whose instructions the transaction was effected so that the information can be provided to the Regulator immediately;
(c) Client shall, upon ZUNDIAOXXXXXXX’s request, immediately obtain all such information from any relevant third party, and provide that information to ZUNDIAO and/or a regulator within two days or such other time period as may be specified by ZUNDIAO XXXXXXX and/or the a regulator; and
(d) ZUNDIAO may, pending receipt by it and/or by a regulator of such information, or if such information is not received within two days or such other the time period as may be specified by ZUNDIAO XXXXXXX and/or a regulator, decide in its absolute discretion and at any time, not to act (even if such declining may result in any loss) or not to give effect to any of Client’s instructions and/or to suspend or terminate the effecting of any transaction or the operation of the Account.
15.4 Client confirms that Client is not subject to any Applicable Law, which prohibits the Client’s performance of the obligation under this clause or, if the Client is subject to such Applicable Law, the Client or Client’s own customers, as the case may be, has or have waived the benefit of such Applicable Law or consented in writing to the performance by Client of the obligations under this clause. Client confirms that such waivers are valid and binding under Applicable Law.
15.5 The Client’s obligation to provide information under this clause shall continue in full force and effect notwithstanding the termination of this Agreement.
Appears in 2 contracts
Samples: Cash Client Agreement (Corporate/Institutional Clients), Cash Client Agreement
Client Identity Information. Without affecting any other provisions of this Agreement, in connection with any lawful request for information made to ZUNDIAO by the SEHK and/or the SFC in respect of any transaction relating to the Account with ZUNDIAOXXXXXXX:
15.1 Upon request by ZUNDIAOXXXXXXX, the Client shall immediately and within two days (or such other time period as by be specified by ZUNDIAO) provide the following information to ZUNDIAO and/or a regulator: identity, address, occupation, contact details, other identification particulars, and/or in the case of a corporate entity, nature and scope of business activities, source of funds, business structure, shareholdings and other information) relating to the ultimate beneficial owner(s) of the Account and/or the person(s) ultimately responsible for the giving of instructions in relation to any transaction or in relation to any dealings with any securities or investments in the Account. Account amongst other requested information of:
(a) the party on whose account the transaction was effected (so far as known to the Client)
(b) the person or entity (legal or otherwise) who that stands to gain the commercial or economic benefit in the transaction and/or bear its commercial or economic risk; and
(c) any third party who originated the transaction;
15.2 If the Client effected the transaction for a collective investment scheme, discretionary account or discretionary trust, the Client shall:
(a) immediately upon request by ZUNDIAOXXXXXXX,and within two days (or such other time period as by be specified by ZUNDIAOXXXXXXX) inform ZUNDIAO XXXXXXX and/or a regulator i of the name, identity, address and contact details of the scheme, account or trust and, if applicable, the identity, address, occupation and contact details of the person who, on behalf of the scheme, account or trust, instructed the Client to effect the transaction; and
(b) the Client shall inform ZUNDIAO XXXXXXX immediately when the Client's discretion to invest on behalf of any scheme, trust or account has been overridden. In such event, the Client shall immediately upon ZUNDIAOXXXXXXX's request and within the time specified by ZUNDIAO, provide to ZUNDIAO and/or a regulator the identity, address, occupation and contact details of the person(s) who has or have given the instruction in relation to the transaction or revocation or termination; and
15.3 If a multilevel client relationship exists, and the Client does not know the particulars of the underlying Client for whom the transaction was effected, the Client confirms that:
(a) the Client shall have the arrangements in place which would entitle the Client to obtain and provide the information set out in this Sub-clause 15.1 and / or 15.2 above from its client to ZUNDIAO and/or a regulator, immediately upon request or procure that such information be obtained within two days;
(b) the Client shall, upon request from ZUNDIAO in relation to a transaction under its Account, immediately request the information set out in this Sub-clause 15.1 and / or 15.2 above from its client on whose instructions the transaction was effected so that the information can be provided to the Regulator immediately;
(c) Client shall, upon ZUNDIAOXXXXXXX’s request, immediately obtain all such information from any relevant third party, and provide that information to ZUNDIAO and/or a regulator within two days or such other time period as may be specified by ZUNDIAO XXXXXXX and/or the a regulator; and
(d) ZUNDIAO may, pending receipt by it and/or by a regulator of such information, or if such information is not received within two days or such other the time period as may be specified by ZUNDIAO XXXXXXX and/or a regulator, decide in its absolute discretion and at any time, not to act (even if such declining may result in any loss) or not to give effect to any of Client’s instructions and/or to suspend or terminate the effecting of any transaction or the operation of the Account.
15.4 Client confirms that Client is not subject to any Applicable Law, which prohibits the Client’s performance of the obligation under this clause or, if the Client is subject to such Applicable Law, the Client or Client’s own customers, as the case may be, has or have waived the benefit of such Applicable Law or consented in writing to the performance by Client of the obligations under this clause. Client confirms that such waivers are valid and binding under Applicable Law.
15.5 The Client’s obligation to provide information under this clause shall continue in full force and effect notwithstanding the termination of this Agreement.
Appears in 1 contract
Samples: Cash Client Agreement