RELATIONSHIP WITH THE THIRD-PARTY BROKER. 4.1. The Client agrees that the Third-Party Xxxxxx’s understanding of any Order or instruction is controlling, unless done in bad faith, notwithstanding any discrepancy between such understanding and any subsequent confirming document and/or communication. Therefore, TBCC cannot control the execution of the Order once it transmits them to the Third-Party Broker and there is no guarantee that the Third-Party Broker will accept the Order.
4.2. TBCC does not hold the Clients Securities after the Client acquires them; the Third-Party Broker will arrange for the Securities to be held in accordance with applicable law. The Third-Party Broker will be responsible for safeguarding the Client’s Securities and Client’s funds.
4.3. The Third-Party Broker will be subject to certain rules and regulations relating to how it executes the Order. The Client can find further information on how the Third-Party Broker will execute the Order in the Third-Party Broker's agreement(s) and/or terms and conditions which the Client entered into when opening the Investment Account. The Client is aware and recognizes that the Third-Party Broker may execute Client’s Orders in its absolute discretion, and the Third-Party Broker has the right to not execute a Transaction if necessary to remain compliant with its applicable law or if the Third-Party Broker, in its discretion, determines that there is a reasonable risk-based justification for doing so.
4.4. The Client is required by the Third-Party Broker to enter into a standalone contractual agreement(s) that will govern the Client’s interactions with the Third-Party Broker. TBCC is not a party to any such agreement(s) and has no control over its content. The Client agrees that it is necessary for the Client to open accounts with the Third-Party Broker on a fully-disclosed basis and authorizes TBCC to transfer Client’s personal information and to arrange for applications for such accounts to be made to the Third-Party Broker on the Client’s behalf. By opening the Investment Account with TBCC, the Client attests it has received, reviewed, acknowledged and understood Third-Party Broker’s agreement(s) and applicable disclosures.
4.5. The Client understands that Third-Party Broker may, in its sole discretion, prohibit or restrict the trading of Instruments and/or movement of other assets in the Client’s Account as it deems necessary.
