Eligible Investors. The Customer represents and undertakes on a continuing basis (including without limitation on the first day that these China Connect Terms are effective and on each date the Customer places an order or gives an instruction under these China Connect Terms), that:
(a) (i) (if the Customer is a natural person) the Customer is not a Mainland China Resident or (if it is a legal person) it is not an entity incorporated or registered under the laws of Mainland China; or
Eligible Investors. 4.1 As Northbound trading is available only to Hong Kong and overseas investors, the Client makes the representations set out in Clause 4.2 below.
4.2 The Client represents and undertakes on a continuing basis, including without limitation on the first date that this Schedule is effective and on each date that the Client places an order or gives an instruction in respect of China Connect Securities under this Schedule, that:
4.2.1 (where the Client is an individual) he is not a PRC citizen, resident or domiciled in the PRC and his authorized persons and/or agents with authority to give Northbound trading instructions with respect to China Connect Securities are not PRC citizens resident or domiciled in the PRC;
4.2.2 (where the Client is a body corporate) it is not a legal entity incorporated or registered in the PRC;
4.2.3 (where the Client is a personal investment company) it is not a legal entity incorporated or registered in the PRC and its authorized persons and/or agents with authority to give Northbound trading instructions with respect to China Connect Securities and beneficial owners are not PRC citizens, resident or domiciled in the PRC;
4.2.4 (where the Client is a corporate trustee) it is not a legal entity incorporated or registered in the PRC and its authorized persons and/or agents with authority to give Northbound trading instructions with respect to China Connect Securities and the settlor of the underlying trust are not PRC citizens, resident or domiciled in the PRC; and
4.2.5 the Client will trade ChiNext Shares only when the Client is, and in the case where the Client is an intermediary (including, but not limited to, a fund manager, asset manager, broker or order placer) trading for or on behalf of an underlying client or clients, each such underlying client is, an Eligible ChiNext Investor.
Eligible Investors. A. If the General Partner determines that a Unit Holder is not an Eligible Investor then the Unit Holder shall immediately be divested of its rights to Consent on matters submitted to Unit Holders (and no such Units shall be deemed outstanding for purposes of Consents of Unit Holders under this Agreement). At any time after it can and does certify that it has become an Eligible Investor, a Unit Holder may, upon application to the General Partner, retain all of the rights and benefits attributable to his Units.
B. If at any time (i) the Partnership, the General Partner or the Depositary receives an opinion of counsel to the effect that the citizenship or other status of a Unit Holder may result in the forfeiture or cancellation of a federal Lease or otherwise affects the eligibility of the Partnership to hold federal Leases or (ii) the Partnership or the General Partner is named a party in any judicial or administrative proceeding that seeks the cancellation or forfeiture of any property in which the Partnership has an interest because of the citizenship (or any other status that subjects the Partnership to the risk of losing its eligibility to acquire or hold interests in federal Leases) of any one or more Unit Holders, the General Partner may notify the Unit Holder and purchase the Units of such Unit Holder for its own account, at such time and for such amount as the General Partner may determine in its sole discretion. Nothing in this Section 8.3 shall prevent a Unit Holder from transferring his Units prior to the date set for such purchase by the General Partner.
Eligible Investors. A. If the General Partner determines that a Unit Holder or Substituted Limited Partner is not an Eligible Investor (i) then the Unit Holder shall immediately be divested of its rights to Consent on matters submitted to Unit Holders and Substituted Limited Partners (and no such Depositary Units shall be Consented by the Depositary or otherwise deemed outstanding for purposes of Consents of Unit Holders under this Agreement), and (ii) if such Person is subject to a higher rate of windfall profits tax than the rate imposed upon other Unit Holders and Substituted Limited Partners, the General Partner shall adjust actual cash distributions payable to such Person in order to reflect accurately any varying rate of windfall profits tax imposed. Any amounts so withheld shall be deemed to have been distributed and the tax shall be treated as paid by the Person.
B. If at any time (i) the Limited Partnership, the General Partner or the Depositary receives an opinion of counsel to the effect that the citizenship or other status of a Unit Holder or Substituted Limited Partner may result in the forfeiture or cancellation of a federal Lease or otherwise affects the eligibility of the Production Partnership to hold federal Leases or (ii) the Limited Partnership, the General Partner or the Depositary is named a party in any judicial or administrative proceeding that seeks the cancellation or forfeiture of any property in which the Limited Partnership or Production Partnership has an interest because of the citizenship (or any other status that subjects the Production Partnership to the risk of losing its eligibility to acquire or hold interests in federal Leases) of any one or more Unit Holders or Substituted Limited Partners, the General Partner may notify the Unit Holder or Substituted Limited Partner and purchase the Depositary Units or Limited Partner Interests of such Unit Holder or Substituted Limited Partner, as the case may be, at such time and for such amount as the General Partner may determine in its sole discretion. Nothing in this Section 8.4 shall prevent a Unit Holder from transferring its Depositary Units or Limited Partner Interests prior to the date set for such purchase by the General Partner. At any time after it can and does certify that it has become an Eligible Investor a Unit Holder may, upon application to the General Partner, retain all of the economic benefits attributable to its Depositary Units or Limited Partner Interests, as the case may be.
Eligible Investors. The Client acknowledges that Northbound Trading is available only to Hong Kong and overseas investors and represents and undertakes on a continuing basis, including without limitation on each date that the Client place an order or give an instruction in respect of China Connect Securities under this Supplement, that:
(a) unless the Client is an Institutional Professional Investor and such status has been confirmed by Galaxy International Securities, the Client will not place any order or give any Instruction to buy or sell ChiNext Shares under Stock Connect (other than Special China Connect Securities which are eligible for sell orders only);
(b) in the case where the Client is acting as agent on behalf of its/his/her client, the Client will not place any order or give any Instruction to buy or sell ChiNext Shares under Stock Connect on behalf of such client (other than Special China Connect Securities which are eligible for sell orders only), unless the Client is reasonably satisfied that such client is an Institutional Professional Investor; and
(c) the Client’s investment in China Connect Securities is in compliance with laws and regulations of Hong Kong and Mainland China in respect of China Connect or any activities arising from China Connect and laws and regulations of Mainland China, including those in relation to foreign exchange control and reporting, as may be amended from time to time.
Eligible Investors. Prior to the trading of the securities listed at the US security exchange markets, the Client is required to declare and confirm whom is not a citizen or a tax resident of the United States and can provide valid identification documents, such as Hong Kong permanent resident ID card or passport. If there is any change of such status, client must inform WLSL in writing. In any event, the Client shall be liable for the tax payable to the United States if any. The Client shall complete, wherever applicable, the relevant forms or certificates (such as the Form W-8BEN, W- 8IMY, W-8ECI or W-8EXP) for submission to the United States by WLSL or its agent.
Eligible Investors. Each potential investor must represent and warrant to the Company that, amongst other things, such investor is an Expert Investor who is able to acquire Cell Shares without violating applicable Laws or the laws of the country of residence (if different) or if a body corporate the laws of the jurisdiction in which it is incorporated or established of such investor. The Company will not knowingly offer or sell Cell Shares to any potential investor to whom such offer or sale would be unlawful, or to any potential investor who, by investing in the Company, would commit a breach of the laws relating to the prevention of money laundering in his jurisdiction of such investor or in Mauritius. Pursuant to the Laws relating to the prevention of money laundering, the Company must ascertain the identity of the potential investor by requiring documents as listed in the “Application Documents”. If the said Application Documents have been channelled through a regulated financial intermediary or Broker, that person shall properly certify the identity as well as the proof of address of the applicant by completing an Eligible Introducer Certificate or in any other manner prescribed by Laws. Such information shall be collected for compliance reasons only and shall not be disclosed to unauthorized persons. In case of refusal by a potential investor to provide the documents required, the application for subscription will not be accepted unless the potential investor has good reasons and produces any such other documentation that will satisfy the customer due diligence standards of the Company. The Company shall not be bound to register more than four persons as joint holders of any Share. Shares may be transferred to persons under the age of 18.
Eligible Investors. If the General Partner determines that a Unit Holder or Substituted Limited Partner is not an Eligible Investor (i) then the Unit Holder shall immediately be divested of his rights to Consent on matters submitted to Unit Holders and Substituted Limited Partners (and no such Depositary Units shall be Consented by the Depositary or otherwise deemed outstanding for purposes of Consents of Unit Holders under this Agreement), and (ii) if such Person is subject to a higher rate of windfall profits tax than the rate imposed upon other Unit Holders and Substituted Limited Partners, the General Partner shall adjust actual cash distributions payable to such Person in order to reflect accurately any varying rate of windfall profits tax imposed. Any amounts so withheld shall be deemed to have been distributed and the tax shall be treated as paid by the Person.
Eligible Investors. (a) Subject to clause 6.9(c), the Trustee may approve a person referred to in paragraphs (c) or (d) of the definition of Eligible Investor to be an Eligible Investor for the purposes of the Deed.
(b) If the Trustee proposes to approve a person referred to in paragraphs (c) or (d) of the definition of Eligible Investor as an Eligible Investor, the Trustee must:
(i) notify the Unit Holders and provide reasonable particulars regarding the proposal;
(ii) seek and consider the advice of a qualified and reputable Tax adviser as to whether approving the person as an Eligible Investor may result in the Trust being taxed in a similar manner to a company; and
(iii) consider any submissions made to the Trustee by Unit Holders, provided that such submissions are made within the time period set by the Trustee (in its absolute discretion) having regard to the circumstances, time and manner in which it is proposed that the person become an Eligible Investor.
(c) If, after taking into account the matters referred to in clauses 6.9(b)(ii) and 6.9(b)(iii), the Trustee, acting reasonably, forms the opinion that the approval of a person referred to in paragraphs (c) or (d) of the definition of Eligible Investor as an Eligible Investor would result in the Trust being taxed in a similar manner to a company, the Trustee must not approve that person under clause 6.9(a).
Eligible Investors. The Customer represents and undertakes on a continuing basis (including without limitation on the first day that these China Connect Terms are effective and on each date the Customer places an order or gives an instruction under these China Connect Terms), that:-
3.1 the Customer (if a natural person) is not a Mainland China Resident or (if it is a legal person) it is not an entity incorporated or registered under the laws of Mainland China, or the Customer falls within any relevant excluded categories/ exemptions as the case may be, whereby the compliance with the relevant requirements is the responsibility of the Customer; and
3.2 the Customer or the Customer’s entry into of any transaction under these China Connect Terms does not violate the laws and regulations of Mainland China, including those in relation to foreign exchange control and reporting.
