Market Abuse. 13.1 The Client acknowledges that he will not enter into any transaction which falls within the definition of market abuses of Seychelles Securities Act 2007 as amended. This rule applies to all forms of market abuse such as xxxxxxx xxxxxxx (an abusive exploitation of privileged confidential information), the misuse of information and directors trading in shares of their own companies;
13.2 If the Company suspects or has reasonable grounds to believe that the Client has been engaged into an abusive behavior as indicated above the Company reserves the rights to void and/or cancel part or all Client’s abusive trading transactions, close all and any of the Client’s trading accounts and terminate this Agreement under s.21.
Market Abuse a. You represent and warrant that: (a) you will not open, and have not opened, any CFDs with us relating to a particular financial instrument, if to do so would result in you, or persons related with you, having an exposure to that financial instrument which is equal to or exceeds the amount of a Declarable Interest under any laws, rules or regulations in the relevant company unless you, or persons related with you, make the required declarations and notify us about your Declarable Interest immediately; (b) you will notify us and keep us updated at all times of your aggregate Declarable Interests; (c) you will not open, and have not opened, any CFDs with us in connection with: (i) a placing, issue, distribution or other analogous event; or (ii) an offer, take-over, merger or other analogous event in which you are involved or otherwise interested; and (d) you will not open, and have not opened, any CFDs that contravene any primary or secondary legislation or other law, including those against xxxxxxx xxxxxxx.
b. You agree that we may proceed on the basis that when you open or close a CFD with us on a financial instrument price, you may be treated as trading in securities within the meaning of Regulation (EU) 596/2014 and the European Union (Market Abuse) Regulations 2016 (as amended).
c. If we have grounds to believe that you have opened any CFD in breach of the representations in this Agreement, we may in our sole discretion and without being under any obligation to inform you of our reason for doing so, close that CFD and any other CFDs that you may have open at the time. We may also: (a) enforce the CFD or CFDs against you if it is a CFD or CFDs under which you have lost money; and (b) treat all your closed CFDs as void if they are CFDs under which you have made money, unless and until you produce, promptly upon our request, conclusive evidence that you in fact have not committed any breach of warranty, representation or undertaking.
d. You acknowledge that we shall not transfer voting rights relating to an underlying product to you or otherwise allow you to influence the exercise of voting rights held by us or on our behalf. Schedule 2 – OTC Precious Metals
Market Abuse.
36.1. You will not arrange or execute or place an Open Position, or Order that contravenes any law or regulatory rules in relation to Market Abuse. You will find more rules about how we will proceed if we suspect a case of Market Abuse on your side in the relevant Terms of Business.
Market Abuse. 1. We may hedge our liability to you by opening analogous positions with other institutions or in the Underlying Market. The result of our doing this is that when you open or close a Transaction relating to a share or other Instrument with us, your Transactions can, through our hedging, exert a distorting influence on the Underlying Market for that Instrument, in addition to the impact that it may have on our own prices. This creates a possibility of market abuse and the function of this Term is to prevent such abuse.
2. You represent and warrant to us now, and agree that each such representation and warranty is deemed repeated each time you open or close a Transaction, that:
a. you will not open and have not opened a Transaction or Transactions with us relating to a particular share price if to do so would result in you, or others with whom you are acting in concert together, having an exposure to the share price that is equal to or exceeds the amount of a declarable interest in the relevant company. For this purpose the level of a declarable interest will be the prevailing level at the material time, set by law or by the stock exchange(s) on which the underlying share is listed;
b. you will not open and have not opened a Transaction with us in connection with: i. a placing, issue, distribution or other analogous event; or
Market Abuse. 4.9.1 By entering into any Transaction you are not acting in any way which is intended to or may be considered to be “Insider Dealing” or “Market Abuse” a defined term in the Act, nor are you acting with the intention of contravening any other provision of the Act, the SCB Regulations, or any other Applicable Regulation.
4.9.2 For the purposes of this clause 4.9 you agree that we may proceed on the basis that, when you open or close a Trade with us in a Market, you may be treated as dealing in securities within the meaning of any law, SCB Rule or Applicable regulation against Market Abuse; and
4.9.3 You acknowledge that it would be improper for you to deal in the Market if the sole purpose of such a transaction was to impact on our bid or offer prices, and you agree not to conduct any such transactions.
Market Abuse. 20.2.1 AvaTrade may hedge our liability to you by opening analogous positions with other institutions or in the underlying market. The result of our doing this is that when you trade with us your trades can, through our hedging, exert a distorting influence on the underlying market for that index, in addition to the impact that it may have on our own prices. This creates a possibility of market abuse.
20.2.2 Customer represents and warrants, and agrees that each such representation and warranty is deemed repeated each time Customer opens or closes a position that:
(a) Customer will not place and has not placed a trade with us relating to a particular index or any other CFD price if to do so would result in Customer, or others with whom Customer is acting in concert together, having an exposure to the price of the underlying financial instrument which can create a situation of market abuse. This exposure can be equal to or exceeding the amount of a declarable interest in the relevant financial instrument. For this purpose, the level of a declarable interest will be the prevailing level at the material time, set by law or by the stock exchange(s) or other exchange upon which the underlying financial instrument is traded; and
(b) Customer will not place and has not placed a trade with us in connection with:
(i) a placing, issue, distribution or other analogous event;
(ii) an offer, take over, merger or other analogous event; or
(iii) any other corporate finance style activity, in which Customer is involved or otherwise interested; and
(c) Customer will not place or close a position and Customer will not place an order that contravenes any primary or secondary legislation or other law against insider dealing or market manipulation. Customer agrees that AvaTrade may proceed on the basis that when Customer opens or closes a position or places an order on a share price, Customer may be treated as dealing in securities within the meaning of the relevant statutes or regulations.
20.2.3 In the event that (a) Customer places or closes any trade or places an order in breach of the representations and warranties given, or AvaTrade has reasonable grounds for suspecting that Customer may have done so, AvaTrade may at our absolute discretion and without being under any obligation to inform Customer of our reason for doing so close that trade and any other trade or trades that you may have open at the time, if applicable, and also at our absolute discretion cancel any trad...
Market Abuse. 18.1 You shall not use the Trading Systems for Orders or Transactions for or in connection with any activity which may constitute a fraudulent or illegal purpose or market abuse or otherwise use of the Trading Systems in contravention of any Applicable Laws. For the purposes of this Agreement "Market Abuse" means behaviour in relation to investments which involves insider dealing, market manipulation or market distortion in breach of Applicable Laws. You undertake to familiarize yourself and comply with any Applicable Laws concerning the short sale of securities if you seek to execute a short sale transaction and you will ensure that your use of the Trading Systems will not result in a breach by us (or our Affiliate) of any Applicable Laws concerning the short sale of securities or any terms of this Agreement concerning short sale orders or transactions. If you breach this clause, we reserve the right to treat any Order or resultant Transaction as void and to cancel, close or unwind any resultant Transaction.
Market Abuse. 33.1. The Client shall not arrange or execute or place any Open Position, Trade and/or Order with the Company or otherwise, nor will the Client behave in a manner that would amount to market abuse and/or market manipulation and/or insider dealing (by the Client himself or acting jointly with another person). In addition, the Client shall not arrange or execute or place an Open Position, Trade and/or Order that contravenes any primary or secondary legislation or other law or regulatory rules in relation to Market Abuse.
33.2. In the event that the Client placed an Open Position, Trade and/or Order in breach of any of the representations and warranties given above or if the Company has grounds for suspecting that the Client has done so, the Company may in its absolute discretion (and with or without giving notice to the Client), and without being under any obligation to inform the Client of its reason for doing so, close that Open Position and/or Order and any other Open Position and/or Orders that the Client may have open at that time, and also in the Company’s absolute discretion:
a) enforce the Open Position or Trade against the Client if it is an Open Position or Trade under which the Client had made losses; and
b) treat all of the Clients’ Open Positions and Trades under this paragraph as immediately void even if they are Open Positions or Trades under which the Client has made profits. Unless and until the Client produces conclusive evidence that in fact, they have not committed the breach of warranty and/or misrepresentation as referred to above, within the period of one month from the date of closure under this paragraph, all such Trades between the Company and the Client (under which the Client has made profits) will be finally null and void.
33.3. The Company can exercise the above rights regardless of the effect it may have on the Client’s other Open Positions or Orders, or other positions the Client may have with a third party and even if a loss arises as a result.
33.4. The Company is not required to give advance notice to the Client of the exercise of its rights as above, but the Company will inform the Client as soon as practicable that it has exercised such rights.
Market Abuse. 22.1. When we execute a Transaction on your behalf, we may buy or sell directly from or to other financial institutions units in the relevant product. The result is that when you enter into Transactions with us, your Transactions can have an impact on the external market for that product in addition to the impact it might have on our price. This creates a possibility of market abuse and the purpose of this Clause is to prevent such abuse.
22.2. You represent and warrant to us at the time you enter into the Account Agreement and every time you enter into a Transaction or give us any Order that you will not place and have not placed a Transaction that contravenes any law or regulation prohibiting market manipulation or any other form of market abuse or market misconduct. You will act in accordance with all Applicable Laws.
22.3. In the event that you place any Transaction or otherwise act in breach of the representations and warranties given in this Clause or any other Clause of these Terms or we have reasonable grounds for believing that you have done so, we may, in addition to any rights we may have under these Terms:
(a) enforce the Transaction(s) against you if it is a Transaction(s) which results in Liabilities; and/or
(b) treat all your Transactions as void if they are Transactions which result in us owing funds to you, unless and until you produce conclusive evidence to our satisfaction within thirty (30) calendar days of our request that you have not in fact committed any breach of warranty, representation or undertaking under the Account Agreement.
22.4. We are entitled (and in some cases required) to report to any relevant regulatory authority details of any Transaction or Order which would be deemed to constitute market abuse. You may also be required to make appropriate disclosures and you undertake that you will do so where so required.
Market Abuse. 10.9.1 Any behaviour, Open Position, Trade and/or Order that would be considered market abuse and/ or market manipulation and/or insider dealing will not be supported or executed by the Company.
10.9.2 If the Client placed an Open Position, Trade and/or Order that breaches any of the warranties stated following, the Company, without being required to give advance notice, may:
a) Close that Open Position and/or Order and any other Open Position and/or Orders that the Client may have open at that time, or
b) Treat all of the Clients’ Open Positions and Trades under this paragraph as immediately void even if they are Open Positions or Trades under which the Client has made profits, or
c) Enforce the Open Position or Trade against the Client if it is an Open Position or Trade under which the Client had made losses.
10.9.3 The company shall inform the Client as soon as possible that any actions mentioned in this clause have been exercised.
10.9.4 Unless adequate and conclusive evidence is provided by the Client, that proves that no breach has been committed within a given timeframe, all profitable Trades between the Client and the Company will be finally null and void.
10.9.5 The Company shall exercise the above rights regardless of the effect it may have on the Client’s other Open Positions or Orders, or other positions the Client may have with a third party and even if a loss arises as a result.
10.9.6 The Company has sole discretion and right to define scalping or HFT (High Frequency Trading) strategies that are in violation of fair-trading strategies. Orders or trades, placed by the Client, that are in violation of fair trading (scalping with fast speed or on specific instruments and symbols with price movements that accommodate such trading strategies), shall be considered abusive and lead to execution delays and/or cancellation of trades and/or profits made by such trading behaviour.