Common use of REPRESENTATIONS ANS WARRANTIES Clause in Contracts

REPRESENTATIONS ANS WARRANTIES. 29.1. The Client represents and warrants to the Company the following: a) The information provided by the Client to the Company in the Account Opening Application Form and at any time thereafter is true, accurate and complete and the documents handed over by the Client are valid and authentic. b) The Client has read and fully understood the terms of the Agreement including the information in the Appendices. c) The Client is duly authorised to enter into the Agreement, to give Orders, Instructions and Requests and to perform its obligations thereunder. d) The Client is acting as a principal and not as agent or representative or trustee or custodian on behalf of someone else. The Client may act on behalf of someone else only if the Company specifically consented to this in writing and provided all the documents required by the Company for this purpose are received. e) The Client is the individual who has completed the Account Opening Application Form, or if the Client is a legal person, the person who has completed Account Opening Application Form on the Client’s behalf is duly authorised to do so. f) If the Client is a legal person, the Client is duly and lawfully registered and existing under the laws of the jurisdiction of its incorporation. g) The entering into this Agreement by the Client and all actions performed under the Agreement will not violate any law or rule applicable to the Client and/or the Client funds and/or any of the Financial Instruments, which the Client may deliver to the Company in accordance with the terms of this Agreement, or to the jurisdiction in which the Client is resident, or any agreement by which the Client is bound or by which any of the Client’s assets or funds or Financial Instruments are affected or the rights of any third party. h) the Client funds and/or any Financial Instruments, which the Client may deliver to the Company in accordance with the terms of this Agreement are not in any direct or indirect way the proceeds of any illegal activity or used or intended to be used for terrorist financing. i) The Client funds and/or any Financial Instruments, which the Client may deliver to the Company in accordance with the terms of this Agreement, are owned by the Client and are free of any lien, charge, pledge or other encumbrance or claim by any third party j) The documents handed over by the Client are valid and authentic. k) The Client has chosen the particular type of service and financial instrument, taking his total financial circumstances into consideration which he considers reasonable under such circumstances. l) The Client will make use of the services and/or prices offered under this Agreement in good faith and, where applicable, acting in accordance with accepted market practice. m) The Client has declared in the Account Opening Application Form if he is a Politically Exposed Person and will notify the Company if at any stage during the course of this Agreement, he becomes a Politically Exposed Person. n) There are no restrictions on the markets or financial instruments in which any Transactions will be sent for execution, depending on the Client’s nationality or religion. 29.2. The Client shall be under an ongoing obligation to inform the Company if the Client’s tax status changes.

Appears in 1 contract

Samples: Client Agreement

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REPRESENTATIONS ANS WARRANTIES. 29.128.1. The Client represents and warrants to the Company the following: a) a. The information provided by the Client to the Company in the Account Opening Application Form and at any time thereafter is true, accurate and complete and the documents handed over by the Client are valid and authentic.; b) b. The Client has read and fully understood the terms of the Agreement including the information in the Appendices.; c) c. The Client is duly authorised to enter into the Agreement, to give Orders, Instructions and Requests and to perform its obligations thereunder.; d) d. The Client is acting as a principal and not as agent or representative or trustee or custodian on behalf of someone else. The Client may act on behalf of someone else only if the Company specifically consented consents to this in writing and provided all the documents required by the Company for this purpose are received.; e) e. The Client is the individual who has completed the Account Opening Application FormForm or, or if the Client is a legal leg al person, the person who has completed Account Opening Application Form on the Client’s behalf is duly authorised to do so.; f) f. If the Client is a legal person, the Client is duly and lawfully registered and a n d existing under the laws of the jurisdiction of its incorporation. g) g. The entering into this Agreement by the Client and all actions performed under the Agreement will not violate any law or rule applicable to the Client and/or the Client funds and/or any of the Financial Instruments, which the Client may deliver to the Company in accordance with the terms of this Agreement, or to the jurisdiction in which the Client is resident, or any agreement by which the Client is bound or by which any of the Client’s assets or funds or Financial Instruments are affected or the rights of any third party.; h) h. the Client funds and/or any Financial Instruments, which the Client may deliver to the Company in accordance with the terms of this Agreement are not in any direct or indirect way the proceeds of any illegal activity or used or intended to be used for terrorist financing.; i) i. The Client funds and/or any Financial Instruments, which the Client may deliver to the Company in accordance with the terms of this Agreement, are owned by the Client and are free of any lien, charge, pledge or other encumbrance or claim by any third party; j) j. The documents handed over by the Client are valid and authentic.; k) k. The Client has chosen the particular type of service and financial instrument, taking his total financial circumstances into consideration which he considers reasonable under such circumstances.; l) l. The Client will make use of the services and/or prices offered under this Agreement in good faith and, where applicable, acting in accordance with accepted market practice.; m) m. The Client has declared in the Account Opening Application Form if he is a Politically Exposed Person and will notify the Company if at any stage during the course of this Agreement, Agreement he becomes a Politically Exposed Person.; n) n. There are no restrictions on the markets or financial instruments in which any Transactions will be sent for f or execution, depending on the Client’s nationality or religion. 29.228.2. The Client shall be under an ongoing obligation to inform the Company if the Client’s tax status changes. 28.3. If a situation arises that is not covered under this Agreement, the Company shall aim to resolve the matter and/or handle the situation on the basis of good faith, and where applicable, in accordance with market practice; in such a situation, the Client agrees to provide any information and/or documentation and/or do any such acts, as the Company may request on the basis of good faith, and where applicable in accordance with accepted market practices, in order to respond to such a situation.

Appears in 1 contract

Samples: Client Agreement

REPRESENTATIONS ANS WARRANTIES. 29.1. 28.1 The Client represents and warrants to the Company the following: a) The information provided by the Client to the Company in the Account Opening Application Form and at any time thereafter is true, accurate and complete and the documents handed over by the Client are valid and authentic. b) The Client has read and fully understood the terms of the Agreement including the information in the Appendices. c) The Client is duly authorised to enter into the Agreement, to give Orders, Instructions and Requests and to perform its obligations thereunder. d) The Client is acting as a principal and not as agent or representative or trustee or custodian on behalf of someone else. The Client may act on behalf of someone else only if the Company specifically consented to this in writing and provided all the documents required by the Company for this purpose are received. e) The Client is the individual who has completed the Account Opening Application Form, or if the Client is a legal person, the person who has completed Account Opening Application Form on the Client’s behalf is duly authorised to do so. f) If the Client is a legal person, the Client is duly and lawfully registered and existing under the laws of the jurisdiction of its incorporation. g) The entering into this Agreement by the Client and all actions performed under the Agreement will not violate any law or rule applicable to the Client and/or the Client funds and/or any of the Financial Instruments, which the Client may deliver to the Company in accordance with the terms of this Agreement, or to the jurisdiction in which the Client is resident, or any agreement by which the Client is bound or by which any of the Client’s assets or funds or Financial Instruments are affected or the rights of any third party. h) the Client funds and/or any Financial Instruments, which the Client may deliver to the Company in accordance with the terms of this Agreement are not in any direct or indirect way the proceeds of any illegal activity or used or intended to be used for terrorist financing. i) The Client funds and/or any Financial Instruments, which the Client may deliver to the Company in accordance with the terms of this Agreement, are owned by the Client and are free of any lien, charge, pledge or other encumbrance or claim by any third party j) The documents handed over by the Client are valid and authentic. k) The Client has chosen the particular type of service and financial instrument, taking his total financial circumstances into consideration which he considers reasonable under such circumstances. l) The Client will make use of the services and/or prices offered under this Agreement in good faith and, where applicable, acting in accordance with accepted market practice. m) The Client has declared in the Account Opening Application Form if he is a Politically Exposed Person and will notify the Company if at any stage during the course of this Agreement, he becomes a Politically Exposed Person. n) There are no restrictions on the markets or financial instruments in which any Transactions will be sent for execution, depending on the Client’s nationality or religion. 29.2. 28.2 The Client shall be under an ongoing obligation to inform the Company if the Client’s tax status changes. 28.3 If a situation arises that is not covered under this Agreement, the Company shall aim to resolve the matter and/or handle the situation on the basis of good faith, and where applicable, in accordance with a market practice; in such a situation, the Client agrees to provide any information and/or documentation and/or do any such acts, as the Company may request on the basis of good faith, and where applicable in accordance with accepted market practices, in order to respond to such a situation.

Appears in 1 contract

Samples: Client Agreement

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REPRESENTATIONS ANS WARRANTIES. 29.1. 29.1 The Client represents and warrants to the Company the following: a) The information provided by the Client to the Company in the Account Opening Application Form and at any time thereafter is true, accurate and complete and the documents handed over by the Client are valid and authentic. b) The Client has read and fully understood the terms of the Agreement including the information in the Appendices. c) The Client is duly authorised to enter into the Agreement, to give Orders, Instructions and Requests and to perform its obligations thereunder. d) The Client is acting as a principal and not as agent or representative or trustee or custodian on behalf of someone else. The Client may act on behalf of someone else only if the Company specifically consented to this in writing and provided all the documents required by the Company for this purpose are received. e) The Client is the individual who has completed the Account Opening Application Form, or if the Client is a legal person, the person who has completed Account Opening Application Form on the Client’s behalf is duly authorised to do so. f) If the Client is a legal person, the Client is duly and lawfully registered and existing under the laws of the jurisdiction of its incorporation. g) The entering into this Agreement by the Client and all actions performed under the Agreement will not violate any law or rule applicable to the Client and/or the Client funds and/or any of the Financial Instruments, which the Client may deliver to the Company in accordance with the terms of this Agreement, or to the jurisdiction in which the Client is resident, or any agreement by which the Client is bound or by which any of the Client’s assets or funds or Financial Instruments are affected or the rights of any third party. h) the Client funds and/or any Financial Instruments, which the Client may deliver to the Company in accordance with the terms of this Agreement are not in any direct or indirect way the proceeds of any illegal activity or used or intended to be used for terrorist financing. i) The Client funds and/or any Financial Instruments, which the Client may deliver to the Company in accordance with the terms of this Agreement, are owned by the Client and are free of any lien, charge, pledge or other encumbrance or claim by any third party j) The documents handed over by the Client are valid and authentic. k) The Client has chosen the particular type of service and financial instrument, taking his total financial circumstances into consideration which he considers reasonable under such circumstances. l) The Client will make use of the services and/or prices offered under this Agreement in good faith and, where applicable, acting in accordance with accepted market practice. m) The Client has declared in the Account Opening Application Form if he is a Politically Exposed Person and will notify the Company if at any stage during the course of this Agreement, he becomes a Politically Exposed Person. n) There are no restrictions on the markets or financial instruments in which any Transactions will be sent for execution, depending on the Client’s nationality or religion. 29.2. The Client shall be under an ongoing obligation to inform the Company if the Client’s tax status changes.

Appears in 1 contract

Samples: Client Agreement

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