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
Appears in 4 contracts
Samples: Customer Agreement, Customer Agreement, Customer Agreement
Market Abuse. a. 13.1 You acknowledge that, particularly due to the fact that we hedge some of our liability to clients by opening analogous positions with other institutions, your Transactions with us can have an impact on the external market for the relevant Instrument and on the buy and sell price which we offer in relation to an Instrument. This enhances the possibility of market abuse. For the purpose of preventing such abuse, you represent t and warrant to us that: :
(a) you will not open, and have not opened, any CFDs entered into a Transaction with us relating to a particular financial instrument, if to do so would result in you, or persons related others you are acting in concert with, to have had to disclose your participation with you, having such an exposure to that financial instrument which is equal to or exceeds the amount of a Declarable Interest under any laws, rules or regulations Instrument in the relevant company unless you, or persons related with you, make the required declarations and notify us about your Declarable Interest immediately; underlying market;
(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 entered into a Transaction in connection with: :
(i) a placing, issue, distribution or other analogous similar event; or ;
(ii) an offer, take-overtakeover, merger or other analogous event in which you are involved or otherwise interestedsimilar event; and or
(diii) any corporate finance activity.
(c) you will not open, and have not openedentered into a Transaction that contravenes any law or regulation prohibiting insider dealing, market manipulation or any CFDs other form of market abuse or market misconduct.
13.2 You will not place or close a Transaction and you will not place an Order that contravene contravenes any primary or secondary legislation or other law, including those law against xxxxxxx xxxxxxx.
b. You insider dealing or market manipulation. For the purposes of this term you agree that we may proceed on the basis that when you open or close a CFD Transaction or place an Order with us on a financial instrument pricean instrument, you may be treated as trading dealing in securities within the meaning of Regulation (EU) 596/2014 and Part V of the European Union (Market Abuse) Regulations 2016 (as amended)Criminal Justice Act 1993.
c. 13.3 If we have grounds to believe that you have opened place or close any CFD Transaction or place an Order in breach of the representations and warranties given in this AgreementTerms 13.1(a), 13.1(b), 13.1(b)(i) or 13.1(b)(ii) or 13.1(b)(iii) or 13.1(c) and we have reasonable grounds for suspecting that you have done so, we may in at our sole absolute discretion and without being under any obligation to inform you of our reason for doing so, so close that CFD Transaction and any other CFDs Transaction that you may have open at the time. We may also: , if applicable, and also do any of the following at our absolute discretion:
(a) enforce the CFD Transaction or CFDs Transactions against you if it is a CFD Transaction or CFDs Transaction under which you have lost money; and made a Loss;
(b) treat all your closed CFDs Transactions that meet the circumstances set out in this term as void if they are CFDs Transactions under which you have made moneysecured a profit from us, unless and until you produce, promptly upon our request, conclusive produce evidence that satisfies us that you have not, in fact have not fact, committed any the breach of warranty, representation or undertaking.
d. You acknowledge that we shall warranty and/or misrepresentation the suspicion of which was the ground for us taking action under this Term. For the avoidance of doubt if you do not transfer voting rights relating to an underlying product to you or otherwise allow you to influence produce such evidence within the exercise period of voting rights held three months from the date on which action is taken by us or on our behalf. Schedule 2 – OTC Precious Metalsunder this Term, all such Transactions will be finally null and void as between you and us; or
Appears in 3 contracts
Samples: Customer Terms and Conditions, Customer Terms and Conditions, Customer Terms and Conditions
Market Abuse. a. You 31.1 We may hedge our exposure to you by opening corresponding positions with other institutions. As a result, when you enter into Transactions with us, such Transactions can, through our hedging, exert a distorting influence on the relevant Underlying Market in addition to the impact that it might have on our prices.
31.2 Each time you open or close a Transaction, you represent and warrant to us that: :
(ai) you will not open, place and have not opened, any CFDs placed a Transaction with us relating to a particular financial instrument, Underlying Market if to do so would result in you, or persons related others with youwhom you are, or may reasonably be regarded as, acting in concert, having an exposure to that financial instrument Underlying Market which is equal to or exceeds the amount of a Declarable Interest under any lawsdeclarable interest (as set by law, rules rule or regulations regulation or by the relevant exchange) in the relevant company unless you, or persons related with you, make the required declarations and notify us about your Declarable Interest immediately; company;
(b) you will notify us and keep us updated at all times of your aggregate Declarable Interests; (cii) you will not open, place and have not opened, any CFDs placed a Transaction with us in connection with: (i) with a placing, issue, distribution or other analogous event; , or (ii) an offer, take-overtakeover, merger or other analogous event in which you are involved or otherwise interested; and ;
(diii) you will not open, place and have not opened, placed a Transaction that contravenes any CFDs that contravene any primary or secondary legislation or other law, including those rule or regulation against xxxxxxx xxxxxxxinsider dealing or market abuse.
b. You agree that (iv) we may proceed on the basis that that, when you open or close a CFD Transaction with us on a financial instrument priceus, you may be treated as trading dealing in securities within the meaning of Regulation CIMA’s rules and regulations against market abuse;
(EUv) 596/2014 you will not place and have not placed a Transaction in circumstances which otherwise may be considered to constitute market abuse; and
(vi) you are familiar with, understand and are in full compliance with any Applicable Law concerning the European Union (Market Abuse) Regulations 2016 (as amended)short sale of securities if you seek to execute a Transaction with a short securities position which we may hedge with a short sale of securities you that your use of the services provided by us will not result in a breach by us of any Applicable Law concerning the short sale of securities.
c. 31.3 We may, if required in order to comply with legal and regulatory obligations and without notice or reason, close any Transactions (in whole or in part) and treat any such Transactions as void.
31.4 If we have grounds to believe that you have opened open any CFD Transaction in breach of the representations and warranties given in this Agreementclause 31.2, or we have reasonable grounds to believe you have done so, it will constitute a breach of the Agreement and, in addition to our rights under clause 26, we may in our sole discretion and may, without being under any obligation to inform notifying 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: reasons:
(ai) enforce the CFD or CFDs Transaction against you if it is a CFD or CFDs Transaction under which you have lost moneyincurred a loss; and and
(bii) treat all your closed CFDs the Transaction as void if they are CFDs it is a Transaction under which you have made moneysecured a profit (and retain any such profit for our own account, subject to Applicable Law), unless and until you produce, promptly upon our request, produce conclusive evidence within 6 months of the Transaction being closed that you have not, in fact have not fact, committed any the relevant breach of warranty, representation or undertakingwarranty and/or misrepresentation.
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
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Market Abuse. a. (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, open and have not opened, any CFDs opened a Transaction or Transactions with us relating to a particular financial instrument, share price if to do so would result in you, or persons related others with youwhom you are acting in concert together, having an exposure to the share price that financial instrument which is equal to or exceeds the amount of a Declarable Interest under any laws, rules or regulations declarable interest in the relevant company unless youcompany. For this purpose the level of a declarable interest will be the prevailing level at the material time, set by law or persons related with you, make by the required declarations and notify us about your Declarable Interest immediately; Exchange(s) on which the underlying share is listed;
(b) you will notify us and keep us updated at all times of your aggregate Declarable Interests; (c) you will not open, open and have not opened, any CFDs opened a Transaction 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 event; or
(iii) any other corporate finance style activity, in which you are involved or otherwise interested; and and
(dc) you will not open, open or close a Transaction and have you will not opened, any CFDs place an Order that contravene contravenes any primary or secondary legislation or other law, including those law against xxxxxxx xxxxxxxinsider dealing or market manipulation.
b. You agree (3) In the event that we may proceed on the basis that when (a) 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 Transaction or place an Order in breach of the representations and warranties given in this AgreementTerms 9(1), 9(18), 20(1) or 21(2), or (b) we have reasonable grounds for suspecting that you have done so, we may in may, at our sole absolute discretion and without being under any obligation to inform you of our reason for doing so, close that CFD Transaction and any other CFDs Transactions that you may have open at the time. We may , if applicable, and also: , at our absolute discretion:
(a) enforce the CFD Transaction or CFDs Transactions against you if it is a CFD Transaction or CFDs Transactions under which you have lost money; and incurred a loss;
(b) treat all your closed CFDs Transactions that meet the circumstances set out in this Term as void if they are CFDs Transactions under which you have made moneysecured a profit, unless and until you produce, promptly upon our request, conclusive produce evidence that satisfies us that you have not, in fact have not fact, committed any the breach of warrantywarranty and/or misrepresentation the suspicion of which was the ground for us taking action under this Term. For the avoidance of doubt, representation or undertakingif you do not produce such evidence within the period of three months from the date on which action is taken by us under this Term, all such Transactions will be finally null and void as between you and us; or
(c) cancel any Order on your account with us.
d. (4) You acknowledge that we shall the Transactions in which you deal with us are speculative instruments and you agree that you will not transfer voting rights relating to an underlying product to you or otherwise allow open any Transactions with us in connection with any corporate finance style activity.
(5) You acknowledge that it would be improper for you to influence deal in the exercise Underlying Market if the sole purpose of voting rights held by us or such a transaction was to impact on our behalf. Schedule 2 – OTC Precious Metalsbid or offer prices, and you agree not to conduct any such transactions.
Appears in 2 contracts
Samples: Margin Trading Customer Agreement, Margin Trading Customer Agreement
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.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Market Abuse. a. You 31.1 We may hedge our exposure to you by opening corresponding positions with other institutions. As a result, when you enter into Transactions with us, such Transactions can, through our hedging, exert a distorting influence on the relevant Underlying Market in addition to the impact that it might have on our prices.
31.2 Each time you open or close a Transaction, you represent and warrant to us that: :
(ai) you will not open, place and have not opened, any CFDs placed a Transaction with us relating to a particular financial instrument, Underlying Market if to do so would result in you, or persons related others with youwhom you are, or may reasonably be regarded as, acting in concert, having an exposure to that financial instrument Underlying Market which is equal to or exceeds the amount of a Declarable Interest under any lawsdeclarable interest (as set by law, rules rule or regulations regulation or by the relevant exchange) in the relevant company unless you, or persons related with you, make the required declarations and notify us about your Declarable Interest immediately; company;
(b) you will notify us and keep us updated at all times of your aggregate Declarable Interests; (cii) you will not open, place and have not opened, any CFDs placed a Transaction with us in connection with: (i) with a placing, issue, distribution or other analogous event; , or (ii) an offer, take-overtakeover, merger or other analogous event in which you are involved or otherwise interested; and ;
(diii) you will not open, place and have not opened, placed a Transaction that contravenes any CFDs that contravene any primary or secondary legislation or other law, including those rule or regulation against xxxxxxx xxxxxxxinsider dealing or market abuse.
b. You agree that (iv) we may proceed on the basis that that, when you open or close a CFD Transaction with us on a financial instrument priceus, you may be treated as trading dealing in securities within the meaning of Regulation BHS’s rules and regulations against market abuse;
(EUv) 596/2014 you will not place and have not placed a Transaction in circumstances which otherwise may be considered to constitute market abuse; and
(vi) you are familiar with, understand and are in full compliance with any Applicable Law concerning the European Union (Market Abuse) Regulations 2016 (as amended)short sale of securities if you seek to execute a Transaction with a short securities position which we may hedge with a short sale of securities you that your use of the services provided by us will not result in a breach by us of any Applicable Law concerning the short sale of securities.
c. 31.3 We may, if required in order to comply with legal and regulatory obligations and without notice or reason, close any Transactions (in whole or in part) and treat any such Transactions as void.
31.4 If we have grounds to believe that you have opened open any CFD Transaction in breach of the representations and warranties given in this Agreementclause 31.2, or we have reasonable grounds to believe you have done so, it will constitute a breach of the Agreement and, in addition to our rights under clause 26, we may in our sole discretion and may, without being under any obligation to inform notifying 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: reasons:
(ai) enforce the CFD or CFDs Transaction against you if it is a CFD or CFDs Transaction under which you have lost moneyincurred a loss; and and
(bii) treat all your closed CFDs the Transaction as void if they are CFDs it is a Transaction under which you have made moneysecured a profit (and retain any such profit for our own account, subject to Applicable Law), unless and until you produce, promptly upon our request, produce conclusive evidence within 6 months of the Transaction being closed that you have not, in fact have not fact, committed any the relevant breach of warranty, representation or undertakingwarranty and/or misrepresentation.
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
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Market Abuse. a. 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. 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 Chapters 2 and 3 of the European Union (Market Abuse) Regulations Luxembourg law of 23 December 2016 (on market abuse, as amended).
c. 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. 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 MetalsIf you were to elect to be treated as a “professional client” rather than a “retail client”, you would lose the benefit of certain protection under the MiFID II Rules which you would otherwise have (you may choose to be treated as a “professional client” instead of a “retail client” for certain transactions only, or for all of your transactions). Those of material relevance to the services we provide are described below.
1. Description of the nature and risks of packaged investments:
(i) inform retail clients if the risks resulting from the agreement are likely to be different from the risks associated with the components when taken separately; and
(ii) provide retail clients with an adequate description of the different components of the agreement and the way in which its interaction modifies the risks. The above requirements do not apply in respect of professional clients.
2. Investor protection measures on the provision of Contracts for Differences (“CFDs”):
(i) New leverage limits on the opening of a position, which vary according to the volatility of the underlying.
(ii) A margin close out rule on a per account basis that standardises the percentage of margin at which providers are required to close out one or more open CFDs.
(iii) Negative balance protection on a per account basis.
(iv) A restriction on the incentives offered to trade CFDs.
(v) A standardised risk warning, including the percentage of losses on a CFD provider’s retail investor accounts. The above requirements do not apply in respect of professional clients.
Appears in 1 contract
Samples: Customer Agreement
Market Abuse. a. You 31.1 We may hedge our exposure to you by opening corresponding positions with other institutions. As a result, when you enter into Transactions with us, such Transactions can, through our hedging, exert a distorting influence on the relevant Underlying Market in addition to the impact that it might have on our prices.
31.2 Each time you open or close a Transaction, you represent and warrant that: to us that:
(ai) you will not open, place and have not opened, any CFDs placed a Transaction with us relating to a particular financial instrument, Underlying Market if to do so would result in you, or persons related others with youwhom you are, or may reasonably be regarded as, acting in concert, having an exposure to that financial instrument Underlying Market which is equal to or exceeds the amount of a Declarable Interest under any lawsdeclarable interest (as set by law, rules rule or regulations regulation or by the relevant exchange) in the relevant company unless you, or persons related with you, make the required declarations and notify us about your Declarable Interest immediately; company;
(b) you will notify us and keep us updated at all times of your aggregate Declarable Interests; (cii) you will not open, place and have not opened, any CFDs placed a Transaction with us in connection with: (i) with a placing, issue, distribution or other analogous event; , or (ii) an offer, take-overtakeover, merger or other analogous event in which you are involved or otherwise interested; and ;
(diii) you will not open, place and have not opened, placed a Transaction that contravenes any CFDs that contravene any primary or secondary legislation or other law, including those rule or regulation against xxxxxxx xxxxxxxinsider dealing or market abuse.
b. You agree that (iv) we may proceed on the basis that that, when you open or close a CFD Transaction with us on a financial instrument priceus, you may be treated as trading dealing in securities within the meaning of Regulation the Criminal Justice Act 1993, FSMA and/or any other law, rule or regulation against market abuse;
(EUv) 596/2014 you will not place and have not placed a Transaction in circumstances which otherwise may be considered to constitute market abuse; and
(vi) you are familiar with, understand and are in full compliance with any Applicable Law concerning the European Union (Market Abuse) Regulations 2016 (as amended)short sale of securities if you seek to execute a Transaction with a short securities position which we may hedge with a short sale of securities you that your use of the services provided by us will not result in a breach by us of any Applicable Law concerning the short sale of securities.
c. 31.3 We may, if required in order to comply with legal and regulatory obligations and without notice or reason, close any Transactions (in whole or in part) and treat any such Transactions as void.
31.4 If we have grounds to believe that you have opened open any CFD Transaction in breach of the representations and warranties given in this Agreementclause 31.2, or we have reasonable grounds to believe you have done so, it will constitute a breach of the Agreement and, in addition to our rights under clause 26, we may in our sole discretion and may, without being under any obligation to inform notifying 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: reasons:
(ai) enforce the CFD or CFDs Transaction against you if it is a CFD or CFDs Transaction under which you have lost moneyincurred a loss; and and
(bii) treat all your closed CFDs the Transaction as void if they are CFDs it is a Transaction under which you have made moneysecured a profit (and retain any such profit for our own account, subject to Applicable Law), unless and until you produce, promptly upon our request, produce conclusive evidence within 6 months of the Transaction being closed that you have not, in fact have not fact, committed any the relevant breach of warranty, representation or undertakingwarranty and/or misrepresentation.
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
Appears in 1 contract
Samples: Terms and Conditions
Market Abuse. a. 12.1.16.1 You represent and warrant that: (a) you will not open, and have not opened, any CFDs with us relating to a particular financial instrumentshare, if to do so would result in you, or persons related others with youwhom you are acting in concert, having an exposure to that financial instrument share which is equal to or exceeds the amount of a Declarable Interest declarable interest under any laws, rules or regulations Applicable Law in the relevant company unless you, or persons related others with youwhom you are acting in concert, make the required declarations and notify us about your Declarable Interest declarable interest immediately; (b) you will notify us and keep us updated at all times of your aggregate Declarable Interestsdeclarable 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. 12.1.16.2 You agree that we may proceed on the basis that when you open or close a CFD with us on a financial instrument share price, you may be treated as trading in securities within the meaning of Regulation (EU) 596/2014 and Part V of the European Union (Market Abuse) Regulations 2016 (as amended)Criminal Justice Act 1993.
c. 12.1.16.3 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. 12.1.16.4 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.
Appears in 1 contract
Samples: Client Agreement for Products
Market Abuse. a. You 31.1 We may hedge our exposure to you by opening corresponding positions with other institutions. As a result, when you enter into Transactions with us, such Transactions can, through our hedging, exert a distorting influence on the relevant Underlying Market in addition to the impact that it might have on our prices.
31.2 Each time you open or close a Transaction, you represent and warrant to us that: (a) :
i. you will not open, place and have not opened, any CFDs placed a Transaction with us relating to a particular financial instrument, Underlying Market if to do so would result in you, or persons related others with youwhom you are, or may reasonably be regarded as, acting in concert, having an exposure to that financial instrument Underlying Market which is equal to or exceeds the amount of a Declarable Interest under any lawsdeclarable interest (as set by law, rules rule or regulations regulation or by the relevant exchange) 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) company;
ii. you will not open, place and have not opened, any CFDs placed a Transaction with us in connection with: (i) with a placing, issue, distribution or other analogous event; , or (ii) an offer, take-overtakeover, merger or other analogous event in which you are involved or otherwise interested; and (d) ;
iii. you will not open, place and have not opened, placed a Transaction that contravenes any CFDs that contravene any primary or secondary legislation or other law, including those rule or regulation against xxxxxxx xxxxxxxinsider dealing or market abuse.
b. You agree that iv. we may proceed on the basis that that, when you open or close a CFD Transaction with us on a financial instrument priceus, you may be treated as trading dealing in securities within the meaning of Regulation (EU) 596/2014 CIMA’s rules and regulations against market abuse;
v. you will not place and have not placed a Transaction in circumstances which otherwise may be considered to constitute market abuse; and
vi. you are familiar with, understand and are in full compliance with any Applicable Law concerning the European Union (Market Abuse) Regulations 2016 (as amended)short sale of securities if you seek to execute a Transaction with a short securities position which we may hedge with a short sale of securities you that your use of the services provided by us will not result in a breach by us of any Applicable Law concerning the short sale of securities.
c. 31.3 We may, if required in order to comply with legal and regulatory obligations and without notice or reason, close any Transactions (in whole or in part)and treat any such Transactions as void.
31.4 If we have grounds to believe that you have opened open any CFD Transaction in breach of the representations and warranties given in this Agreementclause 31.2, or we have reasonable grounds to believe you have done so, it will constitute a breach of the Agreement and, in addition to our rights under clause 26, we may in our sole discretion and may, without being under any obligation to inform notifying 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 Metalsreasons:
Appears in 1 contract
Samples: Terms and Conditions
Market Abuse. a. 12.1.16.1 You represent and warrant that: (a) you will not open, and have not opened, any CFDs with us relating to a particular financial instrumentshare, if to do so would result in you, or persons related others with youwhom you are acting in concert, having an exposure to that financial instrument share 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 others with youwhom you are acting in concert, 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. 12.1.16.2 You agree that we may proceed on the basis that when you open or close a CFD with us on a financial instrument share price, you may be treated as trading in securities within the meaning of Regulation (EU) 596/2014 and Part V of the European Union (Market Abuse) Regulations 2016 (as amended)Criminal Justice Act 1993.
c. 12.1.16.3 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. 12.1.16.4 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.
Appears in 1 contract
Samples: Client Agreement
Market Abuse. a. i. You represent and warrant that: (a) you will not open, and have not opened, any CFDs with us relating to a particular financial instrumentshare, if to do so would result in you, or persons related others with youwhom you are acting in concert, having an exposure to that financial instrument share 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 others with youwhom you are acting in concert, 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. ii. You agree that we may proceed on the basis that when you open or close a CFD with us on a financial instrument share price, you may be treated as trading in securities within the meaning of Regulation (EU) 596/2014 and Part V of the European Union (Market Abuse) Regulations 2016 (as amended)Criminal Justice Xxx 0000.
c. iii. 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. iv. You acknowledge that we shall not transfer voting rights relating to an underlying product 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.
Appears in 1 contract
Samples: Client Agreement
Market Abuse. a. (a) You represent and warrant that: (ai) 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; (bii) you will notify us and keep us updated at all times of your aggregate Declarable Interests; (ciii) you will not open, and have not opened, any CFDs with us in connection with: (iA) a placing, issue, distribution or other analogous event; or (iiB) an offer, take-over, merger or other analogous event in which you are involved or otherwise interested; and (div) 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. (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 Chapters 2 and 3 of the European Union (Market Abuse) Regulations Luxembourg law of 23 December 2016 (on market abuse, as amended).
c. (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: :
(ai) enforce the CFD or CFDs against you if it is a CFD or CFDs under which you have lost money; and (bii) 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. (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.
Appears in 1 contract
Samples: Customer Agreement
Market Abuse. a. You 33.1 We may hedge our exposure to you by opening corresponding positions with other institutions. As a result, when you enter into Transactions with us, such Transactions can, through our hedging, exert a distorting influence on the relevant Underlying Market in addition to the impact that it might have on our prices.
33.2 Each time you open or close a Transaction, you represent and warrant to us that: :
(ai) you will not open, place and have not opened, any CFDs placed a Transaction with us relating to a particular financial instrument, Underlying Market if to do so would result in you, or persons related others with youwhom you are, or may reasonably be regarded as, acting in concert, having an exposure to that financial instrument Underlying Market which is equal to or exceeds the amount of a Declarable Interest under any lawsdeclarable interest (as set by law, rules rule or regulations regulation or by the relevant exchange) in the relevant company unless you, or persons related with you, make the required declarations and notify us about your Declarable Interest immediately; company;
(b) you will notify us and keep us updated at all times of your aggregate Declarable Interests; (cii) you will not open, place and have not opened, any CFDs placed a Transaction with us in connection with: (i) with a placing, issue, distribution or other analogous event; , or (ii) an offer, take-overtakeover, merger or other analogous event in which you are involved or otherwise interested; and ;
(diii) you will not open, place and have not opened, placed a Transaction that contravenes any CFDs that contravene any primary or secondary legislation or other law, including those rule or regulation against xxxxxxx xxxxxxxinsider dealing or market abuse.
b. You agree that (iv) we may proceed on the basis that that, when you open or close a CFD Transaction with us on a financial instrument priceus, you may be treated as trading dealing in securities within the meaning of Regulation the Directive 2014/57/EU and/or any other law, rule or regulation against market abuse;
(EUv) 596/2014 you will not place and have not placed a Transaction in circumstances which otherwise may be considered to constitute market abuse; and
(vi) you are familiar with, understand and are in full compliance with any Applicable Law concerning the European Union (Market Abuse) Regulations 2016 (as amended)short sale of securities if you seek to execute a Transaction with a short securities position which we may hedge with a short sale of securities you that your use of the services provided by us will not result in a breach by us of any Applicable Law concerning the short sale of securities.
c. 33.3 We may, if required in order to comply with legal and regulatory obligations and without notice or reason, close any Transactions (in whole or in part) and treat any such Transactions as void.
33.4 If we have grounds to believe that you have opened open any CFD Transaction in breach of the representations and warranties given in this Agreementclause 33.2, or we have reasonable grounds to believe you have done so, it will constitute a breach of the Agreement and, in addition to our rights under clause Error! Reference source not found., we may in our sole discretion and may, without being under any obligation to inform notifying 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: reasons:
(ai) enforce the CFD or CFDs Transaction against you if it is a CFD or CFDs Transaction under which you have lost moneyincurred a loss; and or
(bii) treat all your closed CFDs the Transaction as void if they are CFDs it is a Transaction under which you have made moneysecured a profit (and retain any such profit for our own account, subject to Applicable Law), unless and until you produce, promptly upon our request, produce conclusive evidence within 6 months of the Transaction being closed that you have not, in fact have not fact, committed any the relevant breach of warranty, representation or undertakingwarranty and/or misrepresentation.
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
Appears in 1 contract
Samples: Terms and Conditions
Market Abuse. a. You 31.1 We may hedge our exposure to you by opening corresponding positions with other institutions. As a result, when you enter into Transactions with us, such Transactions can, through our hedging, exert a distorting influence on the relevant Underlying Market in addition to the impact that it might have on our prices.
31.2 Each time you open or close a Transaction, you represent and warrant to us that: :
(ai) you will not open, place and have not opened, any CFDs placed a Transaction with us relating to a particular financial instrument, Underlying Market if to do so would result in you, or persons related others with youwhom you are, or may reasonably be regarded as, acting in concert, having an exposure to that financial instrument Underlying Market which is equal to or exceeds the amount of a Declarable Interest under any lawsdeclarable interest (as set by law, rules rule or regulations regulation or by the relevant exchange) in the relevant company unless you, or persons related with you, make the required declarations and notify us about your Declarable Interest immediately; company;
(b) you will notify us and keep us updated at all times of your aggregate Declarable Interests; (cii) you will not open, place and have not opened, any CFDs placed a Transaction with us in connection with: (i) with a placing, issue, distribution or other analogous event; , or (ii) an offer, take-overtakeover, merger or other analogous event in which you are involved or otherwise interested; and ;
(diii) you will not open, place and have not opened, placed a Transaction that contravenes any CFDs that contravene any primary or secondary legislation or other law, including those rule or regulation against xxxxxxx xxxxxxxinsider dealing or market abuse.
b. You agree that (iv) we may proceed on the basis that that, when you open or close a CFD Transaction with us on a financial instrument priceus, you may be treated as trading dealing in securities within the meaning of Regulation BHS’s rules and regulations against market abuse;
(EUv) 596/2014 you will not place and have not placed a Transaction in circumstances which otherwise may be considered
(vi) you are familiar with, understand and are in full compliance with any Applicable Law concerning the European Union (Market Abuse) Regulations 2016 (as amended)short sale of securities if you seek to execute a Transaction with a short securities position which we may hedge with a short sale of securities you that your use of the services provided by us will not result in a breach by us of any Applicable Law concerning the short sale of securities.
c. 31.3 We may, if required in order to comply with legal and regulatory obligations and without notice or reason, close any Transactions (in whole or in part) and treat any such Transactions as void.
31.4 If we have grounds to believe that you have opened open any CFD Transaction in breach of the representations and warranties given in this Agreementclause 31.2, or we have reasonable grounds to believe you have done so, it will constitute a breach of the Agreement and, in addition to our rights under clause 26, we may in our sole discretion and may, without being under any obligation to inform notifying 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: reasons:
(ai) enforce the CFD or CFDs Transaction against you if it is a CFD or CFDs Transaction under which you have lost moneyincurred a loss; and and
(bii) treat all your closed CFDs the Transaction as void if they are CFDs it is a Transaction under which you have made moneysecured a profit (and retain any such profit for our own account, subject to Applicable Law), unless and until you produce, promptly upon our request, produce conclusive evidence within 6 months of the Transaction being closed that you have not, in fact have not fact, committed any the relevant breach of warranty, representation or undertakingwarranty and/or misrepresentation.
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
Appears in 1 contract
Samples: Terms and Conditions