Common use of Eligible Investors Clause in Contracts

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.