Common use of DISCLOSURE OF INFORMATION ABOUT CLIENT Clause in Contracts

DISCLOSURE OF INFORMATION ABOUT CLIENT. 13.1 Subject to the provisions of this Agreement, the Broker will keep the information relating to the Accounts confidential. The Client acknowledges that there are laws, rules and regulations of the relevant markets and Exchanges which contain provisions requiring the Broker upon the request of SEHK, the SFC and/or any other regulator in Hong Kong (collectively, “relevant regulators”) having jurisdiction over the Transactions, to disclose details of the Transactions, the name of the Client, beneficial identity of the Transactions and such other information concerning the Client as any such relevant regulators may require and that the Client agrees to provide such information concerning the Client as the Broker may require in order for the Broker to comply with the requirements. 13.2 Without limiting the disclosure to anything provided in Clause 13.1, the Client hereby irrevocably authorizes the Broker and any of its Associates, without further notice and consent from the Client, to disclose to any person information, reports, records or documents pertaining to the Account together with such other information as may be required or the Broker may deem appropriate and to produce computerized record or other document relating to the Client and the Account if that disclosure is required by the relevant regulators for the purpose of assisting them with any investigation or enquiry they are undertaking or by a court of competent jurisdiction or if the disclosure is in the public interest or in the Broker's or the Client's interest or is made with the Client's expressed or implied consent. 13.3 The Client further agrees that the Broker may, whether during the continuance or after the termination of this Agreement, without notice to the Client, disclose any information relating to the Client and the Account(s) to any other Broker Group Company, or to any assignee of any of the rights or obligations of the Broker under this Agreement. 13.4 The Client shall provide the information about the identity, address and contact details (“identity details”) of the persons or entities which (A) are the Client, (B) are ultimately responsible for originating the instructions in relation to the Transactions, or (C) stand to gain the commercial or economic benefit of the transactions and/or bear its commercial or economic risk; or such other information concerning the Client as any relevant regulator may require in order for the Broker to comply with the applicable laws and regulations and the Client authorizes the Broker to provide such information about the Client to such relevant regulator without further consent from or notification to the Client. 13.5 Without prejudice to Clause 13.4, if the Client effects transactions for the account of its clients, whether on a discretionary or non- discretionary basis, and whether as agent or by entering into matching transactions as principal with any clients of the Client, the Client agrees that, in relation to a transaction where the Broker has received an enquiry from the relevant regulators, the following provisions shall apply: (A) Subject to as provided below, the Client shall, immediately upon request by the Broker, inform the relevant regulators of the identity details of the client for whose account the transaction was effected and (so far as known to the Client) of the person with the ultimate beneficial interest in the transaction. The Client shall also inform the relevant regulators of the identity details of any third party (if different from the client/the ultimate beneficiary) originating the transaction. (B) If the Client effects the transaction for a collective investment scheme, discretionary account or discretionary trust, the Client shall (I) immediately upon request by the Broker, inform the relevant regulators of the identity details of the person(s) who, on behalf of the scheme, account or trust, has instructed the Client to effect the transaction; or (II) as soon as practicable, inform the Broker when its discretion to invest on behalf of the scheme, account or trust has been overridden, and the Client shall immediately upon request by the Broker, inform the relevant regulators of the identity details of the person who has given the instruction. (C) If the Client is a collective investment scheme, discretionary account or discretionary trust and in respect of a particular transaction, the discretion of the Client or its officers or employees has been overridden, the Client shall, as soon as practicable, inform the Broker when its discretion to invest on behalf of the beneficiaries of such scheme, account or trust has been overridden and immediately upon request by the Broker, inform the relevant regulators of the identity details of the person who has given the instruction in relation to the relevant transaction. (D) If the Client is aware that its client is acting as intermediary for its underlying clients, and the Client does not know the identity details of any underlying client for whom the transaction is effected, the Client confirms that: (I) the Client has legally binding arrangements in place with its client which entitle the Client to obtain the information set out in Clauses 13.5(A), (B) and/or (C) from its client immediately upon request or procure that it be so obtained; and (II) the Client will, upon request from the Broker in relation to a transaction, promptly request the information set out in Clauses 13.5(A), (B) and/or (C) from its client on whose instructions the transaction is effected, and provide the information to the relevant regulators as soon as it is received from its client or procure that it be so provided. 13.6 The Client hereby agrees that the Broker shall not be in any way liable for any consequences arising out of any disclosure made under this Clause 13. 13.7 The Client understands that the Client has supplied or may from time to time supply to the Broker or any of its Associates personal data about the Client (the “Personal Data”), within the meaning ascribed in the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong), in connection with the opening or maintenance of any Account(s) or the provision of services to the Client by the Broker or any of its Associates. The Client acknowledges that the Client is not required to provide any Personal Data to the Broker and any of its Associates unless the Client chooses to do so. However, if the Client fails to supply any such Personal Data, the Broker may not be able to open or maintain an Account(s) for the Client and/or provide the Client with any services. 13.8 The Client acknowledges that the Client has read the Data Privacy Policy of the Broker and agreed to the terms in it. 13.9 The terms contained in this Clause 13 shall continue in effect notwithstanding the termination of the Agreement.

Appears in 3 contracts

Samples: Client Agreement Securities Trading, Client Agreement Securities Trading, Client Agreement Securities Trading

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DISCLOSURE OF INFORMATION ABOUT CLIENT. 13.1 16.1 Subject to the provisions of this Agreement, the Broker will keep the information relating to the Accounts confidential. The Client acknowledges that there are laws, rules and regulations of the relevant markets and Exchanges which contain provisions requiring the Broker upon the request of SEHK, the SFC and/or any other regulator in Hong Kong (collectively, “relevant regulators”) having jurisdiction over the Transactions, to disclose details of the Transactions, the name of the Client, beneficial identity of the Transactions and such other information concerning the Client as any such relevant regulators may require and that the Client agrees to provide such information concerning the Client as the Broker may require in order for the Broker to comply with the requirements. 13.2 16.2 Without limiting the disclosure to anything provided in Clause 13.116.1, the Client hereby irrevocably authorizes the Broker and any of its Associatesother Broker Group Company, without further notice and consent from the Client, to disclose to any person information, reports, records or documents pertaining to the Account together with such other information as may be required or the Broker may deem appropriate and to produce computerized record or other document relating to the Client and the Account if that disclosure is required by the relevant regulators for the purpose of assisting them with any investigation or enquiry they are undertaking or by a court of competent jurisdiction or if the disclosure is in the public interest or in the Broker's or the Client's interest or is made with the Client's expressed or implied consent. 13.3 16.3 The Client further agrees that the Broker may, whether during the continuance or after the termination of this Agreement, without notice to the Client, disclose any information relating to the Client and the Account(s) to any other Broker Group Company, or to any assignee of any of the rights or obligations of the Broker under this Agreement. 13.4 16.4 The Client shall provide the information about the identity, address and contact details (“identity details”) of the persons or entities which which (Ai) are the Client, , (Bii) are ultimately responsible for originating the instructions in relation to the Transactions, or or (Ciii) stand to gain the commercial or economic benefit of the transactions and/or bear its commercial or economic risk; risk or such other information concerning the Client as any relevant regulator may require in order for the Broker to comply with the applicable laws and regulations and the Client authorizes the Broker to provide such information about the Client to such relevant regulator without further consent from or notification to the Client. 13.5 16.5 Without prejudice to Clause 13.416.4, if the Client effects transactions for the account of its clients, whether on a discretionary or non- non-discretionary basis, and whether as agent or by entering into matching transactions as principal with any clients of the Client, the Client agrees that, in relation to a transaction where the Broker has received an enquiry from the relevant regulators, the following provisions shall apply: (A) Subject to as provided below, the Client shall, immediately upon request by the Broker, inform the relevant regulators of the identity details of the client for whose account the transaction was effected and (so far as known to the Client) of the person with the ultimate beneficial interest in the transaction. The Client shall also inform the relevant regulators of the identity details of any third party (if different from the client/the ultimate beneficiary) originating the transaction. (B) If the Client effects the transaction for a collective investment scheme, discretionary account or discretionary trust, the Client shall (I) immediately upon request by the Broker, inform the relevant regulators of the identity details of the person(s) who, on behalf of the scheme, account or trust, has instructed the Client to effect the transaction; or (II) as soon as practicable, inform the Broker when its discretion to invest on behalf of the scheme, account or trust has been overridden, and the Client shall immediately upon request by the Broker, inform the relevant regulators of the identity details of the person who has given the instruction. (C) If the Client is a collective investment scheme, discretionary account or discretionary trust and in respect of a particular transaction, the discretion of the Client or its officers or employees has been overridden, the Client shall, as soon as practicable, inform the Broker when its discretion to invest on behalf of the beneficiaries of such scheme, account or trust has been overridden and immediately upon request by the Broker, inform the relevant regulators of the identity details of the person who has given the instruction in relation to the relevant transaction. (D) If the Client is aware that its client is acting as intermediary for its underlying clients, and the Client does not know the identity details of any underlying client for whom the transaction is effected, the Client confirms that: (I) the Client has legally binding arrangements in place with its client which entitle the Client to obtain the information set out in Clauses 13.5(A), (B) and/or (C) from its client immediately upon request or procure that it be so obtained; and (II) the Client will, upon request from the Broker in relation to a transaction, promptly request the information set out in Clauses 13.5(A), (B) and/or (C) from its client on whose instructions the transaction is effected, and provide the information to the relevant regulators as soon as it is received from its client or procure that it be so provided. 13.6 The Client hereby agrees that the Broker shall not be in any way liable for any consequences arising out of any disclosure made under this Clause 13. 13.7 The Client understands that the Client has supplied or may from time to time supply to the Broker or any of its Associates personal data about the Client (the “Personal Data”), within the meaning ascribed in the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong), in connection with the opening or maintenance of any Account(s) or the provision of services to the Client by the Broker or any of its Associates. The Client acknowledges that the Client is not required to provide any Personal Data to the Broker and any of its Associates unless the Client chooses to do so. However, if the Client fails to supply any such Personal Data, the Broker may not be able to open or maintain an Account(s) for the Client and/or provide the Client with any services. 13.8 The Client acknowledges that the Client has read the Data Privacy Policy of the Broker and agreed to the terms in it. 13.9 The terms contained in this Clause 13 shall continue in effect notwithstanding the termination of the Agreement.

Appears in 2 contracts

Samples: Cash Client Agreement, Cash Client Agreement

DISCLOSURE OF INFORMATION ABOUT CLIENT. 13.1 16.1 Subject to the provisions of this Agreement, the Broker will keep the information relating to the Accounts confidential. The Client acknowledges that there are laws, rules and regulations of the relevant markets and Exchanges which contain provisions requiring the Broker upon the request of SEHK, the SFC and/or any other regulator in Hong Kong (collectively, “relevant regulators”) having jurisdiction over the Transactions, to disclose details of the Transactions, the name of the Client, beneficial identity of the Transactions and such other information concerning the Client as any such relevant regulators may require and that the Client agrees to provide such information concerning the Client as the Broker may require in order for the Broker to comply with the requirements. 13.2 16.2 Without limiting the disclosure to anything provided in Clause 13.116.1, the Client hereby irrevocably authorizes the Broker and any of its Associatesother Broker Group Company, without further notice and consent from the Client, to disclose to any person information, reports, records or documents pertaining to the Account together with such other information as may be required or the Broker may deem appropriate and to produce computerized record or other document relating to the Client and the Account if that disclosure is required by the relevant regulators for the purpose of assisting them with any investigation or enquiry they are undertaking or by a court of competent jurisdiction or if the disclosure is in the public interest or in the Broker's or the Client's interest or is made with the Client's expressed or implied consent. 13.3 16.3 The Client further agrees that the Broker may, whether during the continuance or after the termination of this Agreement, without notice to the Client, disclose any information relating to the Client and the Account(s) to any other Broker Group Company, or to any assignee of any of the rights or obligations of the Broker under this Agreement. 13.4 16.4 The Client shall provide the information about the identity, address and contact details (“identity details”) of the persons or entities which which (Ai) are the Client, , (Bii) are ultimately responsible for originating the instructions in relation to the Transactions, or or (Ciii) stand to gain the commercial or economic benefit of the transactions and/or bear its commercial or economic risk; risk or such other information concerning the Client as any relevant regulator may require in order for the Broker to comply with the applicable laws and regulations and the Client authorizes the Broker to provide such information about the Client to such relevant regulator without further consent from or notification to the Client. 13.5 16.5 Without prejudice to Clause 13.416.4, if the Client effects transactions for the account of its clients, whether on a discretionary or non- non-discretionary basis, and whether as agent or by entering into matching transactions as principal with any clients of the Client, the Client agrees that, in relation to a transaction where the Broker has received an enquiry from the relevant regulators, the following provisions shall applyshallapply: (A) Subject to as provided below, the Client shall, immediately upon request by the Broker, inform the relevant regulators of the identity details of the client for whose account the transaction was effected affected and (so far as known to the Client) of the person with the ultimate beneficial interest in the transaction. The Client shall also inform the relevant regulators of the identity details of any third party (if different from the client/the ultimate beneficiary) originating the transactionthetransaction. (B) If the Client effects the transaction for a collective investment scheme, discretionary account or discretionary trust, the Client shall (I) immediately upon request by the Broker, inform the relevant regulators of the identity details of the person(s) who, on behalf of the scheme, account or trust, has instructed the Client to effect affect the transaction; or (II) as soon as practicable, inform the Broker when its discretion to invest on behalf of the scheme, account or trust has been overridden, and the Client shall immediately upon request by the Broker, inform the relevant regulators of the identity details of the person who has given the instruction. (C) If the Client is a collective investment scheme, discretionary account or discretionary trust and in respect of a particular transaction, the discretion of the Client or its officers or employees has been overridden, the Client shall, as soon as practicable, inform the Broker when its discretion to invest on behalf of the beneficiaries of such scheme, account or trust has been overridden and immediately upon request by the Broker, inform the relevant regulators of the identity details of the person who has given the instruction in relation to the relevant transaction. (D) If the Client is aware that its client is acting as intermediary for its underlying clients, and the Client does not know the identity details of any underlying client for whom the transaction is effectedaffected, the Client confirms that: (I) the Client has legally binding arrangements in place with its client which entitle the Client to obtain the information set out in Clauses 13.5(A16.5(A), (B) and/or (C) from its client immediately upon request or procure that it be so obtained; and (II) the Client will, upon request from the Broker in relation to a transaction, promptly request the information set out in Clauses 13.5(A16.5(A), (B) and/or (C) from its client on whose instructions the transaction is effected, and provide the information to the relevant regulators as soon as it is received from its client or procure that it be so provided. 13.6 16.6 The Client hereby agrees that the Broker shall not be in any way liable for any consequences arising out of any disclosure made under this Clause 1316. 13.7 16.7 The Client understands that the Client has supplied or may from time to time supply to the Broker or any of its Associates other Broker Group Company personal data about the Client (the “Personal Data”), within the meaning ascribed in the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong), in connection with the opening or maintenance of any Account(s) or the provision of services to the Client by the Broker or any of its Associatesother Broker Group Company. The Client acknowledges that the Client is not required to provide any Personal Data to the Broker and any of its Associates other Broker Group Company unless the Client chooses to do so. However, if the Client fails to supply any such Personal Data, the Broker may not be able to open or maintain an Account(s) for the Client and/or provide the Client with any services. 13.8 16.8 The Client acknowledges that the Client has read the Data Privacy Policy of the Broker and agreed to the terms in it. 13.9 16.9 The terms contained in this Clause 13 16 shall continue in effect notwithstanding the termination of the Agreement.

Appears in 1 contract

Samples: Cash Client Agreement

DISCLOSURE OF INFORMATION ABOUT CLIENT. 13.1 Subject to the provisions of this Agreement, the Broker AIF SEC will keep the information relating to the Accounts confidential. The Client acknowledges that there are laws, rules and regulations of the relevant markets and Exchanges which contain provisions requiring the Broker AIF SEC upon the request of SEHK, HKFE, the SFC and/or any other regulator in Hong Kong or outside Hong Kong (collectively, “relevant regulators”) having jurisdiction over the Transactions, to disclose details of the Transactions, the name of the Client, beneficial identity of the Transactions and such other information concerning the Client as any such relevant regulators may require and that the Client agrees to provide such information concerning the Client as the Broker AIF SEC may require in order for the Broker AIF SEC to comply with the requirements. In particular, AIF SEC may be required to report to HKFE and the SFC particulars of all open positions (i) in respect of which two successive margin calls or demands for variation adjustments are not met within the period specified by AIF SEC; and (ii) for compliance with the requirements on large open positions. 13.2 Without limiting the disclosure to anything provided in Clause 13.1, the Client hereby irrevocably authorizes the Broker AIF SEC and any of its Associates, without further notice and consent from the Client, to disclose to any person information, reports, records or documents pertaining to the Account together with such other information as may be required or the Broker AIF SEC may deem appropriate and to produce computerized record or other document relating to the Client and the Account if that disclosure is required by the relevant regulators for the purpose of assisting them with any investigation or enquiry they are undertaking or by a court of competent jurisdiction or if the disclosure is in the public interest or in the BrokerAIF SEC's or the Client's interest or is made with the Client's expressed or implied consent. 13.3 The Client further agrees that the Broker AIF SEC may, whether during the continuance or after the termination of this Agreement, without notice to the Client, disclose any information relating to the Client and the Account(s) to any other Broker Group Companyits Associates, or to any assignee of any of the rights or obligations of the Broker AIF SEC under this Agreement. 13.4 The Client shall provide the information about the identity, address and contact details (“identity details”) of the persons or entities whichwhich (i) (A) are the Client, (B) are ultimately responsible for originating the instructions in relation to the Transactions, or (C) stand to gain the commercial or economic benefit of the transactions and/or bear its commercial or economic risk; or such other information concerning the Client as any relevant regulator may require in order for the Broker AIF SEC to comply with the applicable laws and regulations and the Client authorizes the Broker AIF SEC to provide such information about the Client to such relevant regulator without further consent from or notification to the Client. 13.5 Without prejudice to Clause 13.4, if the Client effects transactions for the account of its clients, whether on a discretionary or non- non-discretionary basis, and whether as agent or by entering into matching transactions as principal with any clients of the Client, the Client agrees that, in relation to a transaction where the Broker AIF SEC has received an enquiry from the relevant regulators, the following provisions shall apply: (A) Subject to as provided below, the Client shall, immediately upon request by the BrokerAIF SEC, inform the relevant regulators of the identity details of the client for whose account the transaction was effected and (so far as known to the Client) of the person with the ultimate beneficial interest in the transaction. The Client shall also inform the relevant regulators of the identity details of any third party (if different from the client/the ultimate beneficiary) originating the transaction. (B) If the Client effects the transaction for a collective investment scheme, discretionary account or discretionary trust, the Client shall (I) immediately upon request by the BrokerAIF SEC, inform the relevant regulators of the identity details of the person(s) who, on behalf of the scheme, account or trust, has instructed the Client to effect the transaction; or (II) as soon as practicable, inform the Broker AIF SEC when its discretion to invest on behalf of the scheme, account or trust has been overridden, and the Client shall immediately upon request by the BrokerAIF SEC, inform the relevant regulators of the identity details of the person who has given the instruction. (C) If the Client is a collective investment scheme, discretionary account or discretionary trust and in respect of a particular transaction, the discretion of the Client or its officers or employees has been overridden, the Client shall, as soon as practicable, inform the Broker AIF SEC when its discretion to invest on behalf of the beneficiaries of such scheme, account or trust has been overridden and immediately upon request by the BrokerAIF SEC, inform the relevant regulators of the identity details of the person who has given the instruction in relation to the relevant transaction. (D) If the Client is aware that its client is acting as intermediary for its underlying clients, and the Client does not know the identity details of any underlying client for whom the transaction is effected, the Client confirms that: (I) the Client has legally binding arrangements in place with its client which entitle the Client to obtain the information set out in Clauses 13.5(A), (B) and/or (C) from its client immediately upon request or procure that it be so obtained; and (II) the Client will, upon request from the Broker AIF SEC in relation to a transaction, promptly request the information set out in Clauses 13.5(A), (B) and/or (C) from its client on whose instructions the transaction is effected, and provide the information to the relevant regulators as soon as it is received from its client or procure that it be so provided. 13.6 The Client hereby agrees that the Broker AIF SEC shall not be in any way liable for any consequences arising out of any disclosure made under this Clause 13. 13.7 The Client acknowledges HKFE has the right to require AIF SEC to close out or request HKCC to effect closing out of or impose such margin surcharge on any or all the open contracts of the Client on behalf of AIF SEC if the Client fails to comply with the requirements set out in Clauses 13.4 and 13.5 in respect of HKFE Trades. 13.8 The Client understands that the Client has supplied or may from time to time supply to the Broker AIF SEC or any of its Associates personal data about the Client (the “Personal Data”), within the meaning ascribed in the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong), in connection with the opening or maintenance of any Account(s) or the provision of services to the Client by the Broker AIF SEC or any of its Associates. The Client acknowledges that the Client is not required to provide any Personal Data to the Broker AIF SEC and any of its Associates unless the Client chooses to do so. However, if the Client fails to supply any such Personal Data, the Broker AIF SEC may not be able to open or maintain an Account(s) for the Client and/or provide the Client with any services. 13.8 13.9 The Client acknowledges that the Client has read the Data Privacy Policy of the Broker Personal Information Collection Statements and agreed to the terms in it. 13.9 13.10 The terms contained in this Clause 13 shall continue in effect notwithstanding the termination of the Agreement.

Appears in 1 contract

Samples: Client Agreement

DISCLOSURE OF INFORMATION ABOUT CLIENT. 13.1 Subject to the provisions of this Agreement, the Broker will keep the information relating to the Accounts confidential. The Client acknowledges that there are laws, rules and regulations of the relevant markets and Exchanges which contain provisions requiring the Broker upon the request of SEHK, the SFC and/or any other regulator in Hong Kong (collectively, “relevant regulators”) having jurisdiction over the Transactions, to disclose details of the Transactions, the name of the Client, beneficial identity of the Transactions and such other information concerning the Client as any such relevant regulators may require and that the Client agrees to provide such information concerning the Client as the Broker may require in order for the Broker to comply with the requirementsrequirements within two business days. 13.2 Without limiting the disclosure to anything provided in Clause 13.1, the Client hereby irrevocably authorizes the Broker and any of its Associatesother Broker Group Company, without further notice and consent from the Client, to disclose to any person information, reports, records or documents pertaining to the Account together with such other information as may be required or the Broker may deem appropriate and to produce computerized record or other document relating to the Client and the Account if that disclosure is required by the relevant regulators for the purpose of assisting them with any investigation or enquiry they are undertaking or by a court of competent jurisdiction or if the disclosure is in the public interest or in the Broker's or the Client's interest or is made with the Client's expressed or implied consent. 13.3 The Client further agrees that the Broker may, whether during the continuance or after the termination of this Agreement, without notice to the Client, disclose any information relating to the Client and the Account(s) to any other Broker Group Company, or to any assignee of any of the rights or obligations of the Broker under this Agreement. 13.4 The Client shall provide the information about the identity, address and contact details (“identity details”) of the persons or entities which: (A) are the Client, (B) are ultimately responsible for originating the instructions in relation to the Transactions, or (C) stand to gain the commercial or economic benefit of the transactions and/or bear its commercial or economic risk; or such other information concerning the Client as any relevant regulator may require in order for the Broker to comply with the applicable laws and regulations and the Client authorizes the Broker to provide such information about the Client to such relevant regulator without further consent from or notification to the Client. 13.5 Without prejudice to Clause 13.4, if the Client effects transactions for the account of its clients, whether on a discretionary or non- discretionary basis, and whether as agent or by entering into matching transactions as principal with any clients of the Client, the Client agrees that, in relation to a transaction where the Broker has received an enquiry from the relevant regulators, the following provisions shall apply: (A) Subject to as provided below, the Client shall, immediately upon request by the Broker, inform the relevant regulators of the identity details of the client for whose account the transaction was effected and (so far as known to the Client) of the person with the ultimate beneficial interest in the transaction. The Client shall also inform the relevant regulators of the identity details of any third party (if different from the client/the ultimate beneficiary) originating the transaction. (B) If the Client effects the transaction for a collective investment scheme, discretionary account or discretionary trust, the Client shall (I) immediately upon request by the Broker, inform the relevant regulators of the identity details of the person(s) who, on behalf of the scheme, account or trust, has instructed the Client to effect the transaction; or (II) as soon as practicable, inform the Broker when its discretion to invest on behalf of the scheme, account or trust has been overridden, and the Client shall immediately upon request by the Broker, inform the relevant regulators of the identity details of the person who has given the instruction. (C) If the Client is a collective investment scheme, discretionary account or discretionary trust and in respect of a particular transaction, the discretion of the Client or its officers or employees has been overridden, the Client shall, as soon as practicable, inform the Broker when its discretion to invest on behalf of the beneficiaries of such scheme, account or trust has been overridden and immediately upon request by the Broker, inform the relevant regulators of the identity details of the person who has given the instruction in relation to the relevant transaction. (D) If the Client is aware that its client is acting as intermediary for its underlying clients, and the Client does not know the identity details of any underlying client for whom the transaction is effected, the Client confirms that: (I) the Client has legally binding arrangements in place with its client which entitle the Client to obtain the information set out in Clauses 13.5(A), (B) and/or (C) from its client immediately upon request or procure that it be so obtained; and (II) the Client will, upon request from the Broker in relation to a transaction, promptly request the information set out in Clauses 13.5(A), (B) and/or (C) from its client on whose instructions the transaction is effected, and provide the information to the relevant regulators as soon as it is received from its client or procure that it be so provided. 13.6 The Client hereby agrees that the Broker shall not be in any way liable for any consequences arising out of any disclosure made under this Clause 13. 13.7 The Client understands that the Client has supplied or may from time to time supply to the Broker or any of its Associates other Broker Group Company personal data about the Client (the “Personal Data”), within the meaning ascribed in the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong), in connection with the opening or maintenance of any Account(s) or the provision of services to the Client by the Broker or any of its Associatesother Broker Group Company. The Client acknowledges that the Client is not required to provide any Personal Data to the Broker and any of its Associates other Broker Group Company unless the Client chooses to do so. However, if the Client fails to supply any such Personal Data, the Broker may not be able to open or maintain an Account(s) for the Client and/or provide the Client with any services. 13.8 The Client acknowledges that the Client has read the Data Privacy Policy of the Broker and agreed to the terms in it. 13.9 The terms contained in this Clause 13 shall continue in effect notwithstanding the termination of the Agreement.

Appears in 1 contract

Samples: Cash Client Agreement

DISCLOSURE OF INFORMATION ABOUT CLIENT. 13.1 22.1 Subject to the provisions of this Client Agreement, the Broker EGFGL will keep the information relating to the Accounts confidential. The Client acknowledges You acknowledge that there are laws, rules and regulations of the relevant markets and Exchanges which contain provisions requiring the Broker EGFGL upon the request of SEHKHKEX, the SFC SFC, any government authority and/or any other regulator in Hong Kong (collectively, “relevant regulators”) having jurisdiction over the Transactions, to disclose details of the Transactions, the name of the Clientyou, beneficial identity of the Transactions and such other information concerning the Client you as any such relevant regulators may require and that the Client agrees you agree to provide such information concerning the Client you on timely basis as the Broker EGFGL may require in order for the Broker EGFGL to comply with the requirements. 13.2 22.2 Without limiting the disclosure to anything provided in Clause 13.122.1, the Client you hereby irrevocably authorizes the Broker and any of its AssociatesEGFGL , without further notice and consent from the Clientyou, to disclose to any person information, reports, records or documents pertaining to the Account together with such other information as may be required or the Broker EGFGL may deem appropriate and to produce computerized record or other document relating to the Client you and the Account if that disclosure is required by the relevant regulators for the purpose of assisting them with any investigation or enquiry they are undertaking or by a court of competent jurisdiction or if the disclosure is in the public interest or in the BrokerEGFGL's or the Client's your interest or is made with the Client's your expressed or implied consent. 13.3 The Client 22.3 You further agrees agree that the Broker EGFGL may, whether during the continuance or after the termination of this Client Agreement, without notice to the Clientyou, disclose any information relating to the Client you and the Account(s) to any other Broker Group CompanyAffiliate, or to any assignee of any of the rights or obligations of the Broker EGFGL under this Client Agreement. 13.4 The Client 22.4 You shall provide the information about the identity, address and address, contact details (“identity detailsIdentity Details) ), tax information and any other information of the persons or entities which which (Ai) are the Client, you, (Bii) are ultimately responsible for originating the instructions in relation to the Transactions, or or (Ciii) stand to gain the commercial or economic benefit of the transactions and/or bear its commercial or economic risk; risk or such other information concerning the Client you as any relevant regulator may require in order for the Broker EGFGL to comply with the applicable laws and regulations and the Client authorizes the Broker you authorize EGFGL to provide such information about the Client you to such relevant regulator without further consent from or notification to the Clientyou. 13.5 22.5 Without prejudice to Clause 13.422.4, if the Client effects you effect transactions for the account of its your clients, whether on a discretionary or non- non-discretionary basis, and whether as agent or by entering into matching transactions as principal with any clients of the Clientyou, the Client agrees you agree that, in relation to a transaction where the Broker EGFGL has received an enquiry from the relevant regulators, the following provisions shall apply: (A) Subject to as provided below, the Client you shall, immediately upon request by the BrokerXXXXX, inform the relevant regulators of the identity details Identity Details of the client for whose account the transaction was effected and (so far as known to the Clientyou) of the person with the ultimate beneficial interest in the transaction. The Client You shall also inform the relevant regulators of the identity details Identity Details of any third party (if different from the client/the ultimate beneficiary) originating the transaction. (B) If the Client effects you effect the transaction for a collective investment scheme, discretionary account or discretionary trust, the Client you shall: (I) immediately upon request by the BrokerXXXXX, inform the relevant regulators of the identity details Identity Details of the person(s) who, on behalf of the scheme, account or trust, has instructed the Client you to effect the transaction; or (II) as soon as practicable, inform XXXXX when the Broker when its discretion to invest on behalf of the scheme, account or trust has been overridden, and the Client you shall immediately upon request by the BrokerXXXXX, inform the relevant regulators of the identity details Identity Details of the person who has given the instruction. (C) If the Client is you are a collective investment scheme, discretionary account or discretionary trust and in respect of a particular transaction, the discretion of the Client you or its your officers or employees has been overridden, the Client you shall, as soon as practicable, inform XXXXX when the Broker when its discretion to invest on behalf of the beneficiaries of such scheme, account or trust has been overridden and immediately upon request by the BrokerXXXXX, inform the relevant regulators of the identity details Identity Details of the person who has given the instruction in relation to the relevant transaction. (D) If the Client is you are aware that its your client is acting as intermediary for its underlying clients, and the Client does you do not know the identity details Identity Details of any underlying client for whom the transaction is effected, the Client confirms you confirm that: (I) the Client has you have legally binding arrangements in place with its client which entitle the Client you to obtain the information set out in Clauses 13.5(A22.5(A), (B) and/or (C) from its client immediately upon request or procure that it be so obtained; and (II) the Client you will, upon request from the Broker EGFGL in relation to a transaction, promptly request the information set out in Clauses 13.5(A22.5(A), (B) and/or (C) from its client on whose instructions the transaction is effected, and provide the information to the relevant regulators as soon as it is received from its client or procure that it be so provided. 13.6 The Client 22.6 You hereby agrees agree that the Broker EGFGL shall not be in any way liable for any consequences arising out of any disclosure made under this Clause 1322. 13.7 The Client understands 22.7 You understand that the Client has you have supplied or may from time to time supply to the Broker EGFGL or any of its Associates other Affiliate personal data about the Client you (the “Personal Data”), within the meaning ascribed in the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong), in connection with the opening or maintenance of any Account(s) or the provision of services to the Client you by the Broker EGFGL or any of its Associatesother Affiliate. The Client acknowledges You acknowledge that the Client is you are not required to provide any Personal Data to the Broker EGFGL and any of its Associates other Affiliate unless the Client chooses you choose to do so. However, if the Client fails you fail to supply any such Personal Data, the Broker EGFGL may not be able to open or maintain an Account(s) for the Client you and/or provide the Client you with any services. 13.8 The Client acknowledges 22.8 You acknowledge that the Client has you have read the Data Privacy Policy of the Broker EGFGL and agreed to the terms in it. 13.9 22.9 The terms contained in this Clause 13 22 shall continue in effect notwithstanding the termination of the this Client Agreement.

Appears in 1 contract

Samples: Client Agreement

DISCLOSURE OF INFORMATION ABOUT CLIENT. 13.1 16.1 Subject to the provisions of this Agreement, the Broker will keep the information relating to the Accounts confidential. The Client acknowledges that there are laws, rules and regulations of the relevant markets and Exchanges which contain provisions requiring the Broker upon the request of SEHKHKFE, the SFC and/or any other regulator in Hong Kong any jurisdiction (collectively, “relevant regulators”) having jurisdiction over the Transactions, to disclose details of the Transactions, the name of the Client, beneficial identity of the Transactions and such other information concerning the Client as any such relevant regulators may require and that the Client agrees to provide such information concerning the Client as the Broker may require in order for the Broker to comply with the requirements. In particular, the Broker may be required to report to HKFE and the SFC particulars of all open positions (i) in respect of which two successive margin calls are not met within the period specified by the Broker; and (ii) for compliance with the requirements on large open positions. 13.2 16.2 Without limiting the disclosure to anything provided in Clause 13.116.1, the Client hereby irrevocably authorizes the Broker and any of its Associatesother Broker Group Company, without further notice and consent from the Client, to disclose to any person information, reports, records or documents pertaining to the Account together with such other information as may be required or the Broker may deem appropriate and to produce computerized record or other document relating to the Client and the Account if that disclosure is required by the relevant regulators for the purpose of assisting them with any investigation or enquiry they are undertaking or by a court of competent jurisdiction or if the disclosure is in the public interest or in the Broker's or the Client's interest or is made with the Client's expressed or implied consent. 13.3 16.3 The Client further agrees that the Broker may, whether during the continuance or after the termination of this Agreement, without notice to the Client, disclose any information relating to the Client and the Account(s) to any other Broker Group Company, or to any assignee of any of the rights or obligations of the Broker under this Agreement. 13.4 16.4 The Client shall provide the information about the identity, address and contact details (“identity details”) of the persons or entities whichwhich (i) (A) are the Client, (B) are ultimately responsible for originating the instructions in relation to the Transactions, or (C) stand to gain the commercial or economic benefit of the transactions and/or bear its commercial or economic risk; or such other information concerning the Client as any relevant regulator may require in order for the Broker to comply with the applicable laws and regulations and the Client authorizes the Broker to provide such information about the Client to such relevant regulator without further consent from or notification to the Client. 13.5 16.5 Without prejudice to Clause 13.416.4, if the Client effects transactions for the account of its clients, whether on a discretionary or non- non-discretionary basis, and whether as agent or by entering into matching transactions as principal with any clients of the Client, the Client agrees that, in relation to a transaction where the Broker has received an enquiry from the relevant regulators, the following provisions shall apply: (A) Subject to as provided below, the Client shall, immediately upon request by the Broker, inform the relevant regulators of the identity details of the client for whose account the transaction was effected and (so far as known to the Client) of the person with the ultimate beneficial interest in the transaction. The Client shall also inform the relevant regulators of the identity details of any third party (if different from the client/the ultimate beneficiary) originating the transaction. (B) If the Client effects the transaction for a collective investment scheme, discretionary account or discretionary trust, the Client shall (I) immediately upon request by the Broker, inform the relevant regulators of the identity details of the person(s) who, on behalf of the scheme, account or trust, has instructed the Client to effect the transaction; or (II) as soon as practicable, inform the Broker when its discretion to invest on behalf of the scheme, account or trust has been overridden, and the Client shall immediately upon request by the Broker, inform the relevant regulators of the identity details of the person who has given the instruction. (C) If the Client is a collective investment scheme, discretionary account or discretionary trust and in respect of a particular transaction, the discretion of the Client or its officers or employees has been overridden, the Client shall, as soon as practicable, inform the Broker when its discretion to invest on behalf of the beneficiaries of such scheme, account or trust has been overridden and immediately upon request by the Broker, inform the relevant regulators of the identity details of the person who has given the instruction in relation to the relevant transaction. (D) If the Client is aware that its client is acting as intermediary for its underlying clients, and the Client does not know the identity details of any underlying client for whom the transaction is effected, the Client confirms that: (I) the Client has legally binding arrangements in place with its client which entitle the Client to obtain the information set out in Clauses 13.5(A16.5(A), (B) and/or (C) from its client immediately upon request or procure that it be so obtained; and (II) the Client will, upon request from the Broker in relation to a transaction, promptly request the information set out in Clauses 13.5(A16.5(A), (B) and/or (C) from its client on whose instructions the transaction is effected, and provide the information to the relevant regulators as soon as it is received from its client or procure that it be so provided. 13.6 16.6 The Client hereby agrees that the Broker shall not be in any way liable for any consequences arising out of any disclosure made under this Clause 1316. 13.7 16.7 The Client acknowledges HKFE has the right to require the Broker to close out or request HKCC to effect closing out of or impose such margin surcharge on any or all the open contracts of the Client if the Client fails to comply with the requirements set out in Clauses 16.4 and 16.5 in respect of HKFE Trades. 16.8 The Client understands that the Client has supplied or may from time to time supply to the Broker or any of its Associates other Broker Group Company personal data about the Client (the “Personal Data”), within the meaning ascribed in the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong), in connection with the opening or maintenance of any Account(s) or the provision of services to the Client by the Broker or any of its Associatesother Broker Group Company. The Client acknowledges that the Client is not required to provide any Personal Data to the Broker and any of its Associates other Broker Group Company unless the Client chooses to do so. However, if the Client fails to supply any such Personal Data, the Broker may not be able to open or maintain an Account(s) for the Client and/or provide the Client with any services. 13.8 16.9 The Client acknowledges that the Client has read the Data Privacy Policy of the Broker and agreed to the terms in it. 13.9 16.10 The terms contained in this Clause 13 16 shall continue in effect notwithstanding the termination of the Agreement.

Appears in 1 contract

Samples: Client Master Agreement

DISCLOSURE OF INFORMATION ABOUT CLIENT. 13.1 Subject to the provisions of this Agreement, the Broker will keep the information relating to the Accounts confidential. The Client acknowledges that there are laws, rules and regulations of the relevant markets and Exchanges which contain provisions requiring the Broker upon the request of SEHK, the SFC and/or any other regulator in Hong Kong (collectively, “relevant regulators”) having jurisdiction over the Transactions, to disclose details of the Transactions, the name of the Client, beneficial identity of the Transactions and such other information concerning the Client as any such relevant regulators may require and that the Client agrees to provide such information concerning the Client as the Broker may require in order for the Broker to comply with the requirements. 13.2 Without limiting the disclosure to anything provided in Clause 13.1, the Client hereby irrevocably authorizes the Broker and any of its Associates, without further notice and consent from the Client, to disclose to any person information, reports, records or documents pertaining to the Account together with such other information as may be required or the Broker may deem appropriate and to produce computerized record or other document relating to the Client and the Account if that disclosure is required by the relevant regulators for the purpose of assisting them with any investigation or enquiry they are undertaking or by a court of competent jurisdiction or if the disclosure is in the public interest or in the Broker's ’s or the Client's ’s interest or is made with the Client's ’s expressed or implied consent. 13.3 The Client further agrees that the Broker may, whether during the continuance or after the termination of this Agreement, without notice to the Client, disclose any information relating to the Client and the Account(s) to any other Broker Group Company, or to any assignee of any of the rights or obligations of the Broker under this Agreement. 13.4 The Client shall provide the information about the identity, address and contact details (“identity details”) of the persons or entities whichwhich (i) (A) are the Client, (B) are ultimately responsible for originating the instructions in relation to the Transactions, or (C) stand to gain the commercial or economic benefit of the transactions and/or bear its commercial or economic risk; or such other information concerning the Client as any relevant regulator may require in order for the Broker to comply with the applicable laws and regulations and the Client authorizes the Broker to provide such information about the Client to such relevant regulator without further consent from or notification to the Client. 13.5 Without prejudice to Clause 13.4, if the Client effects transactions for the account of its clients, whether on a discretionary or non- non-discretionary basis, and whether as agent or by entering into matching transactions as principal with any clients of the Client, the Client agrees that, in relation to a transaction where the Broker has received an enquiry from the relevant regulators, the following provisions shall apply: (A) Subject to as provided below, the Client shall, immediately upon request by the Broker, inform the relevant regulators of the identity details of the client for whose account the transaction was effected and (so far as known to the Client) of the person with the ultimate beneficial interest in the transaction. The Client shall also inform the relevant regulators of the identity details of any third party (if different from the client/the ultimate beneficiary) originating the transaction. (B) If the Client effects the transaction for a collective investment scheme, discretionary account or discretionary trust, the Client shall (I) immediately upon request by the Broker, inform the relevant regulators of the identity details of the person(s) who, on behalf of the scheme, account or trust, has instructed the Client to effect the transaction; or (II) as soon as practicable, inform the Broker when its discretion to invest on behalf of the scheme, account or trust has been overridden, and the Client shall immediately upon request by the Broker, inform the relevant regulators of the identity details of the person who has given the instruction. (C) If the Client is a collective investment scheme, discretionary account or discretionary trust and in respect of a particular transaction, the discretion of the Client or its officers or employees has been overridden, the Client shall, as soon as practicable, inform the Broker when its discretion to invest on behalf of the beneficiaries of such scheme, account or trust has been overridden and immediately upon request by the Broker, inform the relevant regulators of the identity details of the person who has given the instruction in relation to the relevant transaction. (D) If the Client is aware that its client is acting as intermediary for its underlying clients, and the Client does not know the identity details of any underlying client for whom the transaction is effected, the Client confirms that: (I) the Client has legally binding arrangements in place with its client which entitle the Client to obtain the information set out in Clauses 13.5(A), (B) and/or (C) from its client immediately upon request or procure that it be so obtained; and (II) the Client will, upon request from the Broker in relation to a transaction, promptly request the information set out in Clauses 13.5(A), (B) and/or (C) from its client on whose instructions the transaction is effected, and provide the information to the relevant regulators as soon as it is received from its client or procure that it be so provided. 13.6 The Client hereby agrees that the Broker shall not be in any way liable for any consequences arising out of any disclosure made under this Clause 13. 13.7 The Client understands that the Client has supplied or may from time to time supply to the Broker or any of its Associates personal data about the Client (the “Personal Data”), within the meaning ascribed in the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong), in connection with the opening or maintenance of any Account(s) or the provision of services to the Client by the Broker or any of its Associates. The Client acknowledges that the Client is not required to provide any Personal Data to the Broker and any of its Associates unless the Client chooses to do so. However, if the Client fails to supply any such Personal Data, the Broker may not be able to open or maintain an Account(s) for the Client and/or provide the Client with any services. 13.8 The Client acknowledges that the Client has read the Data Privacy Policy Personal Information Collection Statements of the Broker and agreed to the terms in it. 13.9 The terms contained in this Clause 13 shall continue in effect notwithstanding the termination of the Agreement.

Appears in 1 contract

Samples: Securities Trading Agreement

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DISCLOSURE OF INFORMATION ABOUT CLIENT. 13.1 22.1 Subject to the provisions of this Client Agreement, the Broker Jimei will keep the information relating to the Accounts confidential. The Client acknowledges You acknowledge that there are laws, rules and regulations of the relevant markets and Exchanges which contain provisions requiring the Broker Jimei upon the request of SEHKHKEX, the SFC SFC, any government authority and/or any other regulator in Hong Kong (collectively, “relevant regulators”) having jurisdiction over the Transactions, to disclose details of the Transactions, the name of the Clientyou, beneficial identity of the Transactions and such other information concerning the Client you as any such relevant regulators may require and that the Client agrees you agree to provide such information concerning the Client you as the Broker Jimei may require in order for the Broker Xxxxx to comply with the requirements. 13.2 22.2 Without limiting the disclosure to anything provided in Clause 13.122.1, the Client you hereby irrevocably authorizes the Broker Xxxxx and any of its Associatesother Affiliate, without further notice and consent from the Clientyou, to disclose to any person information, reports, records or documents pertaining to the Account together with such other information as may be required or the Broker Xxxxx may deem appropriate and to produce computerized record or other document relating to the Client you and the Account if that disclosure is required by the relevant regulators for the purpose of assisting them with any investigation or enquiry they are undertaking or by a court of competent jurisdiction or if the disclosure is in the public interest or in the BrokerJimei's or the Client's your interest or is made with the Client's your expressed or implied consent. 13.3 The Client 22.3 You further agrees agree that the Broker Xxxxx may, whether during the continuance or after the termination of this Client Agreement, without notice to the Clientyou, disclose any information relating to the Client you and the Account(s) to any other Broker Group CompanyAffiliate, or to any assignee of any of the rights or obligations of the Broker Xxxxx under this Client Agreement. 13.4 The Client 22.4 You shall provide the information about the identity, address and contact details (“identity detailsIdentity Details”) of the persons or entities which which (Ai) are the Client, you, (Bii) are ultimately responsible for originating the instructions in relation to the Transactions, or or (Ciii) stand to gain the commercial or economic benefit of the transactions and/or bear its commercial or economic risk; risk or such other information concerning the Client you as any relevant regulator may require in order for the Broker Jimei to comply with the applicable laws and regulations and the Client authorizes the Broker you authorize Xxxxx to provide such information about the Client you to such relevant regulator without further consent from or notification to the Clientyou. 13.5 22.5 Without prejudice to Clause 13.422.4, if the Client effects you effect transactions for the account of its clients, whether on a discretionary or non- non-discretionary basis, and whether as agent or by entering into matching transactions as principal with any clients of the Client, the Client agrees you agree that, in relation to a transaction where the Broker Xxxxx has received an enquiry from the relevant regulators, the following provisions shall apply: (A) Subject to as provided below, the Client you shall, immediately upon request by the BrokerXxxxx, inform the relevant regulators of the identity details Identity Details of the client for whose account the transaction was effected and (so far as known to the Clientyou) of the person with the ultimate beneficial interest in the transaction. The Client You shall also inform the relevant regulators of the identity details Identity Details of any third party (if different from the client/the ultimate beneficiary) originating the transaction. (B) If the Client effects you effect the transaction for a collective investment scheme, discretionary account or discretionary trust, the Client you shall: (I) immediately upon request by the BrokerXxxxx, inform the relevant regulators of the identity details Identity Details of the person(s) who, on behalf of the scheme, account or trust, has instructed the Client you to effect the transaction; or (II) as soon as practicable, inform the Broker Xxxxx when its discretion to invest on behalf of the scheme, account or trust has been overridden, and the Client you shall immediately upon request by the BrokerXxxxx, inform the relevant regulators of the identity details Identity Details of the person who has given the instruction. (C) If the Client is you are a collective investment scheme, discretionary account or discretionary trust and in respect of a particular transaction, the discretion of the Client or its officers or employees has been overridden, the Client you shall, as soon as practicable, inform the Broker Xxxxx when its discretion to invest on behalf of the beneficiaries of such scheme, account or trust has been overridden and immediately upon request by the BrokerXxxxx, inform the relevant regulators of the identity details Identity Details of the person who has given the instruction in relation to the relevant transaction. (D) If the Client is you are aware that its client is acting as intermediary for its underlying clients, and the Client does you do not know the identity details Identity Details of any underlying client for whom the transaction is effected, the Client confirms you confirm that: (I) the Client has you have legally binding arrangements in place with its client which entitle the Client you to obtain the information set out in Clauses 13.5(A22.5(A), (B) and/or (C) from its client immediately upon request or procure that it be so obtained; and (II) the Client you will, upon request from the Broker Xxxxx in relation to a transaction, promptly request the information set out in Clauses 13.5(A22.5(A), (B) and/or (C) from its client on whose instructions the transaction is effected, and provide the information to the relevant regulators as soon as it is received from its client or procure that it be so provided. 13.6 The Client 22.6 You hereby agrees agree that the Broker Xxxxx shall not be in any way liable for any consequences arising out of any disclosure made under this Clause 1322. 13.7 The Client understands 22.7 You understand that the Client has you have supplied or may from time to time supply to the Broker Jimei or any of its Associates other Affiliate personal data about the Client you (the “Personal Data”), within the meaning ascribed in the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong), in connection with the opening or maintenance of any Account(s) or the provision of services to the Client you by the Broker Xxxxx or any of its Associatesother Affiliate. The Client acknowledges You acknowledge that the Client is you are not required to provide any Personal Data to the Broker Jimei and any of its Associates other Affiliate unless the Client chooses you choose to do so. However, if the Client fails you fail to supply any such Personal Data, the Broker Jimei may not be able to open or maintain an Account(s) for the Client you and/or provide the Client you with any services. 13.8 The Client acknowledges 22.8 You acknowledge that the Client has you have read the Data Privacy Policy of the Broker Xxxxx and agreed to the terms in it. 13.9 22.9 The terms contained in this Clause 13 22 shall continue in effect notwithstanding the termination of the this Client Agreement.

Appears in 1 contract

Samples: Client Agreement

DISCLOSURE OF INFORMATION ABOUT CLIENT. 13.1 Subject to the provisions of this Agreement, the Broker will keep the information relating to the Accounts confidential. The Client acknowledges that there are laws, rules and regulations of the relevant markets and Exchanges which contain provisions requiring the Broker upon the request of SEHK, the SFC and/or any other regulator in Hong Kong (collectively, “relevant regulators”) having jurisdiction over the Transactions, to disclose details of the Transactions, the name of the Client, beneficial identity of the Transactions and such other information concerning the Client as any such relevant regulators may require and that the Client agrees to provide such information concerning the Client as the Broker may require in order for the Broker to comply with the requirementsrequirements within two business days. 13.2 Without limiting the disclosure to anything provided in Clause 13.1, the Client hereby irrevocably authorizes the Broker and any of its Associatesother Broker Group Company, without further notice and consent from the Client, to disclose to any person information, reports, records or documents pertaining to the Account together with such other information as may be required or the Broker may deem appropriate and to produce computerized record or other document relating to the Client and the Account if that disclosure is required by the relevant regulators for the purpose of assisting them with any investigation or enquiry they are undertaking or by a court of competent jurisdiction or if the disclosure is in the public interest or in the Broker's or the Client's interest or is made with the Client's expressed or implied consent. 13.3 The Client further agrees that the Broker may, whether during the continuance or after the termination of this Agreement, without notice to the Client, disclose any information relating to the Client and the Account(s) to any other Broker Group Company, or to any assignee of any of the rights or obligations of the Broker under this Agreement. 13.4 The Client shall provide the information about the identity, address and contact details (“identity details”) of the persons or entities whichwhich : (A) are the Client, (B) are ultimately responsible for originating the instructions in relation to the Transactions, or (C) stand to gain the commercial or economic benefit of the transactions and/or bear its commercial or economic risk; or such other information concerning the Client as any relevant regulator may require in order for the Broker to comply with the applicable laws and regulations and the Client authorizes the Broker to provide such information about the Client to such relevant regulator without further consent from or notification to the Client. 13.5 Without prejudice to Clause 13.4, if the Client effects transactions for the account of its clients, whether on a discretionary or non- non-discretionary basis, and whether as agent or by entering into matching transactions as principal with any clients of the Client, the Client agrees that, in relation to a transaction where the Broker has received an enquiry from the relevant regulators, the following provisions shall apply: (A) Subject to as provided below, the Client shall, immediately upon request by the Broker, inform the relevant regulators of the identity details of the client for whose account the transaction was effected and (so far as known to the Client) of the person with the ultimate beneficial interest in the transaction. The Client shall also inform the relevant regulators of the identity details of any third party (if different from the client/the ultimate beneficiary) originating the transaction. (B) If the Client effects the transaction for a collective investment scheme, discretionary account or discretionary trust, the Client shall (I) immediately upon request by the Broker, inform the relevant regulators of the identity details of the person(s) who, on behalf of the scheme, account or trust, has instructed the Client to effect the transaction; or (II) as soon as practicable, inform the Broker when its discretion to invest on behalf of the scheme, account or trust has been overridden, and the Client shall immediately upon request by the Broker, inform the relevant regulators of the identity details of the person who has given the instruction. (C) If the Client is a collective investment scheme, discretionary account or discretionary trust and in respect of a particular transaction, the discretion of the Client or its officers or employees has been overridden, the Client shall, as soon as practicable, inform the Broker when its discretion to invest on behalf of the beneficiaries of such scheme, account or trust has been overridden and immediately upon request by the Broker, inform the relevant regulators of the identity details of the person who has given the instruction in relation to the relevant transaction. (D) If the Client is aware that its client is acting as intermediary for its underlying clients, and the Client does not know the identity details of any underlying client for whom the transaction is effected, the Client confirms that: (I) the Client has legally binding arrangements in place with its client which entitle the Client to obtain the information set out in Clauses 13.5(A), (B) and/or (C) from its client immediately upon request or procure that it be so obtained; and (II) the Client will, upon request from the Broker in relation to a transaction, promptly request the information set out in Clauses 13.5(A), (B) and/or (C) from its client on whose instructions the transaction is effected, and provide the information to the relevant regulators as soon as it is received from its client or procure that it be so provided. 13.6 The Client hereby agrees that the Broker shall not be in any way liable for any consequences arising out of any disclosure made under this Clause 13. 13.7 The Client understands that the Client has supplied or may from time to time supply to the Broker or any of its Associates other Broker Group Company personal data about the Client (the “Personal Data”), within the meaning ascribed in the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong), in connection with the opening or maintenance of any Account(s) or the provision of services to the Client by the Broker or any of its Associatesother Broker Group Company. The Client acknowledges that the Client is not required to provide any Personal Data to the Broker and any of its Associates other Broker Group Company unless the Client chooses to do so. However, if the Client fails to supply any such Personal Data, the Broker may not be able to open or maintain an Account(s) for the Client and/or provide the Client with any services. 13.8 The Client acknowledges that the Client has read the Data Privacy Policy of the Broker and agreed to the terms in it. 13.9 The terms contained in this Clause 13 shall continue in effect notwithstanding the termination of the Agreement.

Appears in 1 contract

Samples: Client Master Agreement

DISCLOSURE OF INFORMATION ABOUT CLIENT. 13.1 14.1 Subject to the provisions of this Agreement, the Broker will keep the information relating to the Accounts confidential. The Client acknowledges that there are laws, rules and regulations of the relevant markets and Exchanges which contain provisions requiring the Broker upon the request of SEHK, the SFC and/or any other regulator in Hong Kong (collectively, “relevant regulators”) having jurisdiction over the Transactions, to disclose details of the Transactions, the name of the Client, beneficial identity of the Transactions and such other information concerning the Client as any such relevant regulators may require and that the Client agrees to provide such information concerning the Client as the Broker may require in order for the Broker to comply with the requirementsrequirements within two business days. 13.2 14.2 Without limiting the disclosure to anything provided in Clause 13.114.1, the Client hereby irrevocably authorizes the Broker and any of its AssociatesBroker, without further notice and consent from the Client, to disclose to any person information, reports, records or documents pertaining to the Account together with such other information as may be required or the Broker may deem appropriate and to produce computerized record or other document relating to the Client and the Account if that disclosure is required by the relevant regulators for the purpose of assisting them with any investigation or enquiry they are undertaking or by a court of competent jurisdiction or if the disclosure is in the public interest or in the Broker's ’s or the Client's interest or is made with the Client's ’s expressed or implied consent. 13.3 14.3 The Client further agrees that the Broker may, whether during the continuance or after the termination of this Agreement, without notice to the Client, disclose any information relating to the Client and the Account(s) to any other Broker Group Company, or to any assignee of any of the rights or obligations of the Broker under this Agreement. 13.4 14.4 The Client shall provide the information about the identity, address and contact details (“identity details”) of the persons or entities whichwhich (i) (A) are the Client, (B) are ultimately responsible for originating the instructions in relation to the Transactions, or (C) stand to gain the commercial or economic benefit of the transactions and/or bear its commercial or economic risk; or such other information concerning the Client as any relevant regulator may require in order for the Broker to comply with the applicable laws and regulations and the Client authorizes the Broker to provide such information about the Client to such relevant regulator without further consent from or notification to the Client. 13.5 14.5 Without prejudice to Clause 13.414.4, if the Client effects transactions for the account of its clients, whether on a discretionary or non- non-discretionary basis, and whether as agent or by entering into matching transactions as principal with any clients of the Client, the Client agrees that, in relation to a transaction where the Broker has received an enquiry from the relevant regulators, the following provisions shall apply: (A) Subject to as provided below, the Client shall, immediately upon request by the Broker, inform the relevant regulators of the identity details of the client for whose account the transaction was effected and (so far as known to the Client) of the person with the ultimate beneficial interest in the transaction. The Client shall also inform the relevant regulators of the identity details of any third party (if different from the client/the ultimate beneficiary) originating the transaction. (B) If the Client effects the transaction for a collective investment scheme, discretionary account or discretionary trust, the Client shall (Ii) immediately upon request by the Broker, inform the relevant regulators of the identity details of the person(s) who, on behalf of the scheme, account or trust, has instructed the Client to effect the transaction; or (IIii) as soon as practicable, inform the Broker when its discretion to invest on behalf of the scheme, account or trust has been overridden, and the Client shall immediately upon request by the Broker, inform the relevant regulators of the identity details of the person who has given the instruction. (C) If the Client is a collective investment scheme, discretionary account or discretionary trust and in respect of a particular transaction, the discretion of the Client or its officers or employees has been overridden, the Client shall, as soon as practicable, inform the Broker when its discretion to invest on behalf of the beneficiaries of such scheme, account or trust has been overridden and immediately upon request by the Broker, inform the relevant regulators of the identity details of the person who has given the instruction in relation to the relevant transaction. (D) If the Client is aware that its client is acting as intermediary for its underlying clients, and the Client does not know the identity details of any underlying client for whom the transaction is effected, the Client confirms that: (Ii) the Client has legally binding arrangements in place with its client which entitle the Client to obtain the information set out in Clauses 13.5(A14.5(A), (B) and/or (C) from its client immediately upon request or procure that it be so obtained; and (IIii) the Client will, upon request from the Broker in relation to a transaction, promptly request the information set out in Clauses 13.5(A14.5(A), (B) and/or (C) from its client on whose instructions the transaction is effected, and provide the information to the relevant regulators as soon as it is received from its client or procure that it be so provided. 13.6 14.6 The Client hereby agrees that the Broker shall not be in any way liable for any consequences arising out of any disclosure made under this Clause 1314. 13.7 14.7 The Client understands that the Client has supplied or may from time to time supply to the Broker or any of its Associates personal data about the Client (the “Personal Data”), within the meaning ascribed in the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong), in connection with the opening or maintenance of any Account(s) or the provision of services to the Client by the Broker or any of its AssociatesBroker. The Client acknowledges that the Client is not required to provide any Personal Data to the Broker and any of its Associates unless the Client chooses to do so. However, if the Client fails to supply any such Personal Data, the Broker may not be able to open or maintain an Account(s) for the Client and/or provide the Client with any services. 13.8 14.8 The Client acknowledges that the Client has read the Data Privacy Policy of the Broker and agreed to the terms in it. 13.9 14.9 The terms contained in this Clause 13 14 shall continue in effect notwithstanding the termination of the Agreement.

Appears in 1 contract

Samples: Client Master Agreement

DISCLOSURE OF INFORMATION ABOUT CLIENT. 13.1 22.1 Subject to the provisions of this Client Agreement, the Broker EGFGL will keep the information relating to the Accounts confidential. The Client acknowledges You acknowledge that there are laws, rules and regulations of the relevant markets and Exchanges which contain provisions requiring the Broker EGFGL upon the request of SEHKHKEX, the SFC SFC, any government authority and/or any other regulator in Hong Kong (collectively, “relevant regulators”) having jurisdiction over the Transactions, to disclose details of the Transactions, the name of the Clientyou, beneficial identity of the Transactions and such other information concerning the Client you as any such relevant regulators may require and that the Client agrees you agree to provide such information concerning the Client you on timely basis as the Broker EGFGL may require in order for the Broker EGFGL to comply with the requirements. 13.2 22.2 Without limiting the disclosure to anything provided in Clause 13.122.1, the Client you hereby irrevocably authorizes the Broker and any of its AssociatesEGFGL , without further notice and consent from the Clientyou, to disclose to any person information, reports, records or documents pertaining to the Account together with such other information as may be required or the Broker EGFGL may deem appropriate and to produce computerized record or other document relating to the Client you and the Account if that disclosure is required by the relevant regulators for the purpose of assisting them with any investigation or enquiry they are undertaking or by a court of competent jurisdiction or if the disclosure is in the public interest or in the BrokerEGFGL's or the Client's your interest or is made with the Client's your expressed or implied consent. 13.3 The Client 22.3 You further agrees agree that the Broker EGFGL may, whether during the continuance or after the termination of this Client Agreement, without notice to the Clientyou, disclose any information relating to the Client you and the Account(s) to any other Broker Group CompanyAffiliate, or to any assignee of any of the rights or obligations of the Broker EGFGL under this Client Agreement. 13.4 The Client 22.4 You shall provide the information about the identity, address and address, contact details (“identity detailsIdentity Details) ), tax information and any other information of the persons or entities which which (Ai) are the Client, you, (Bii) are ultimately responsible for originating the instructions in relation to the Transactions, or or (Ciii) stand to gain the commercial or economic benefit of the transactions and/or bear its commercial or economic risk; risk or such other information concerning the Client you as any relevant regulator may require in order for the Broker EGFGL to comply with the applicable laws and regulations and the Client authorizes the Broker you authorize EGFGL to provide such information about the Client you to such relevant regulator without further consent from or notification to the Clientyou. 13.5 22.5 Without prejudice to Clause 13.422.4, if the Client effects you effect transactions for the account of its your clients, whether on a discretionary or non- non-discretionary basis, and whether as agent or by entering into matching transactions as principal with any clients of the Clientyou, the Client agrees you agree that, in relation to a transaction where the Broker EGFGL has received an enquiry from the relevant regulators, the following provisions shall apply: (A) Subject to as provided below, the Client you shall, immediately upon request by the BrokerXXXXX, inform the relevant regulators of the identity details Identity Details of the client for whose account the transaction was effected and (so far as known to the Clientyou) of the person with the ultimate beneficial interest in the transaction. The Client You shall also inform the relevant regulators of the identity details Identity Details of any third party (if different from the client/the ultimate beneficiary) originating the transaction. (B) If the Client effects you effect the transaction for a collective investment scheme, discretionary account or discretionary trust, the Client you shall: (I) immediately upon request by the BrokerXXXXX, inform the relevant regulators of the identity details Identity Details of the person(s) who, on behalf of the scheme, account or trust, has instructed the Client you to effect the transaction; or (II) as soon as practicable, inform XXXXX when the Broker when its discretion to invest on behalf of the scheme, account or trust has been overridden, and the Client you shall immediately upon request by the BrokerXXXXX, inform the relevant regulators of the identity details Identity Details of the person who has given the instruction. (C) If the Client is you are a collective investment scheme, discretionary account or discretionary trust and in respect of a particular transaction, the discretion of the Client you or its your officers or employees has been overridden, the Client you shall, as soon as practicable, inform XXXXX when the Broker when its discretion to invest on behalf of the beneficiaries of such scheme, account or trust has been overridden and immediately upon request by the BrokerXXXXX, inform the relevant regulators of the identity details Identity Details of the person who has given the instruction in relation to the relevant transaction. (D) If the Client is you are aware that its your client is acting as intermediary for its underlying clients, and the Client does you do not know the identity details Identity Details of any underlying client for whom the transaction is effected, the Client confirms you confirm that: (I) the Client has you have legally binding arrangements in place with its client which entitle the Client you to obtain the information set out in Clauses 13.5(A22.5(A), (B) and/or (C) from its client immediately upon request or procure that it be so obtained; and (II) the Client you will, upon request from the Broker EGFGL in relation to a transaction, promptly request the information set out in Clauses 13.5(A22.5(A), (B) and/or (C) from its client on whose instructions the transaction is effected, and provide the information to the relevant regulators as soon as it is received from its client or procure that it be so provided. 13.6 The Client 22.6 You hereby agrees agree that the Broker EGFGL shall not be in any way liable for any consequences arising out of any disclosure made under this Clause 1322. 13.7 The Client understands 22.7 You understand that the Client has you have supplied or may from time to time supply to the Broker EGFGL or any of its Associates other Affiliate personal data about the Client you (the “Personal Data”), within the meaning ascribed in the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong), in connection with the opening or maintenance of any Account(s) or the provision of services to the Client you by the Broker EGFGL or any of its Associatesother Affiliate. The Client acknowledges You acknowledge that the Client is you are not required to provide any Personal Data to the Broker EGFGL and any of its Associates other Affiliate unless the Client chooses you choose to do so. However, if the Client fails you fail to supply any such Personal Data, the Broker EGFGL may not be able to open or maintain an Account(s) for the Client you and/or provide the Client you with any services. 13.8 The Client acknowledges 22.8 You acknowledge that the Client has you have read the Data Privacy Policy of the Broker EGFGL and agreed to the terms in it. 13.9 . 22.9 The terms contained in this Clause 13 22 shall continue in effect notwithstanding the termination of the this Client Agreement.

Appears in 1 contract

Samples: Client Agreement

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