Common use of Risk Disclosures and Acknowledgement Clause in Contracts

Risk Disclosures and Acknowledgement. 6.1 By instructing the Bank in respect of any transaction relating to China Connect Securities, the Customer acknowledges: (a) that it: (i) has read and understood the risk disclosures and other information set out in Part B hereof; (ii) understands that there is a risk of prohibition of trading China Connect Securities; and (iii) understands its obligations set out in Part B hereof, including the consequences of a breach of China Connect Laws; (b) that the Bank shall not be liable for any loss, liability or third party claim or demand that it may suffer directly or indirectly as a result of any action or inaction by the Bank in connection with the provision of Services in respect of China Connect Securities to the Customer by the Bank including, without limitation, the materialisation of any of the risks described in Part B hereof; (c) that SEHK has the power not to extend the China Connect Service to the Customer if it is found that the Customer has or may have committed any abnormal trading conduct set out in the SSE Rules and/or the SZSE Rules (as the case may be); (d) that if the SSE Rules and/or the SZSE Rules (as the case may be) are breached, or the disclosure and other obligations referred to in any China Connect Laws or China Connect Rules are breached, the relevant China Connect Market has the power to carry out an investigation, and may, through SEHK (or any other governmental or regulatory body), require the Bank to: (i) provide relevant information and materials relating to it including, without limitation, its identity and trading activity; and (ii) to assist in a China Connect Authority’s investigation in relation to it and/or its trading activity; (e) that where a China Connect Authority considers that there is a serious breach of the SSE Rules and/or the SZSE Rules (as the case may be), the Bank may be required by a China Connect Authority to: (i) issue warning statements (verbally or in writing) to it; and (ii) cease providing it with any service relating to trading China Connect Securities through China Connect; (f) and agrees that prior to the Bank informing the Customer that a Northbound buy order made by the Customer has been settled, it shall not make a Northbound sell order in respect of the China Connect Securities which are the subject of such Northbound buy order; (g) and consents to the Bank providing information relating to its profile, the type and value of Northbound buy and sell orders and transactions executed on its behalf to a China Connect Authority at such intervals and in such form as such China Connect Authority may specify from time to time; (h) and accepts responsibility for paying all fees, charges, levies and Taxes and shall comply with any filing or registration obligations as may be required under any China Connect Laws or China Connect Rules relating to any China Connect Securities and any dividends or entitlements in respect of such China Connect Securities; (i) that SEHK may, upon the request of the relevant China Connect Market, require the Bank to reject its order; and (j) that none of the China Connect Authorities or their respective directors, employees or agents shall be responsible or held liable for any loss or damage that it may suffer, whether directly or indirectly in connection with the trading of China Connect Securities or the operation of the CSC in respect of China Connect Securities.

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Risk Disclosures and Acknowledgement. 6.1 By You shall be deemed to acknowledge the following by instructing the Bank us in respect of any transaction relating to China Connect Securities, the Customer acknowledges:. (a) 5.1 You acknowledge that it: (i) has you have read and understood the risk disclosures and other information set out in Part B hereof;the Annex hereto and that you understand your obligations set out in such Annex including any consequences of a breach of China Connect Laws or China Connect Rules. (ii) understands 5.2 You acknowledge that there is a risk of prohibition of and suspension from trading China Connect Securities; and (iii) understands its obligations set out in Part B hereof, including the consequences of a breach of Securities and that your instructions to trade China Connect Laws;Securities may not be accepted. (b) 5.3 You acknowledge that the Bank neither we nor any Related Person shall not be liable for any loss, liability or third party claim or demand that it you may suffer directly or indirectly as a result of any action or inaction by the Bank us or any Related Person in connection with the provision of Services trading services in respect of China Connect Securities to the Customer you by the Bank us including, without limitation, the materialisation of any of the risks described in Part B hereof;the Annex hereto. (c) 5.4 You acknowledge that SEHK has the power not to extend the China Connect Service to you, and the Customer power to require us not to accept instructions from you, if it is found that the Customer has you, we or any of our clients have or may have committed any abnormal trading conduct set out in the SSE Rules and/or the SZSE Rules (as the case may be);relevant China Connect MarketRules or failed to comply with any China Connect Rules. (d) 5.5 You acknowledge that if the SSE relevant China Connect Market Rules and/or the SZSE Rules (as the case may be) are breached, or the disclosure and other obligations referred to in any China Connect Laws or China Connect Rules are breached, (i) the relevant China Connect Market has the power to carry out an investigationinvestigations, and may, through SEHK (or through the SEHK Subsidiary, or any other governmental or regulatory body), require the Bank to: us or a Related Person to (ia) provide relevant information and materials relating to it you including, without limitation, its identity in relation to your identity, personal data and trading activity; and and (iib) to assist in a China Connect Authority’s investigation in relation to it you and/or its your trading activity;; and (ii) you may be subject to regulatory investigations and legal and regulatory consequences if you are in breach of, or fail to comply with, such laws, rules and regulations. 5.6 You acknowledge that the SEHK may (efor the purpose of assisting the relevant China Connect Market in its regulatory surveillance of the China Connect Market and enforcement of the China Connect Rules and as part of the regulatory cooperation arrangement between the SEHK, the SEHK Subsidiary and the relevant China Connect Market), at the request of the relevant China Connect Market, require us to provide information (including, without limitation, in relation to your identity, personal data and trading activity) in relation to you and any other persons referred to in the SEHK China Connect Rules with respect to any China Connect orders placed or China Connect transactions made or entered into by us on your or their behalf. 5.7 You acknowledge that where a China Connect Authority considers that there is a serious breach of the SSE Rules and/or the SZSE Rules (as the case may be)relevant China Connect Market Rules, the Bank we may be required by a China Connect Authority to: to (ia) issue warning statements (verbally or in writing) to ityou; and and (iib) cease providing it you with any service relating to trading China Connect Securities through China Connect;. (f) and agrees that 5.8 You acknowledge that, prior to the Bank us informing the Customer you that a Northbound buy order made instructed by the Customer you has been settled, it you shall not make instruct a Northbound sell order in respect of the China Connect Securities which are the subject of such Northbound buy order;. (g) 5.9 You acknowledge and consents consent to the Bank us or any Related Person providing information relating to its you and your profile, including the type and value of Northbound buy and sell orders and transactions executed on its your behalf to a China Connect Authority at such intervals and in such form as such China Connect Authority may specify from time to time;time including in relation to an investigation or surveillance by a China Connect Authority. (h) 5.10 You acknowledge and accepts accept responsibility for paying all fees, charges, levies and Taxes taxes and shall comply with any filing or registration obligations as may be required under any China Connect Laws or China Connect Rules relating to any China Connect Securities and any dividends or entitlements in respect of such China Connect Securities;. 5.11 You acknowledge and accept that we will be subject to recordkeeping requirements under the China Connect Rules and may therefore retain records (iincluding telephone and electronic communications and account information) in relation to your Northbound orders and trading for 20 years or as otherwise required under the China Connect Rules or the China Connect Laws. 5.12 You acknowledge and accept that the SEHK may, may upon the request of the relevant China Connect Market, Market require the Bank us to cancel or reject its order; andany order made on your behalf. (j) 5.13 You acknowledge and accept that none of the China Connect Authorities or their respective directors, employees or and agents shall be responsible or held liable for any loss or damage that it may suffer, whether directly or indirectly suffered by us or any Related Person, you or any other third party arising from or in connection with (i) the trading of China Connect Securities or the operation of the CSC in respect of China Connect Securities, or (ii) any amendments, making or enforcement of the China Connect Rules; or (iii) any action taken by a China Connect Authority in discharge of its supervisory or regulatory obligations or functions (including any action taken in respect of abnormal trading activities).

Appears in 3 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

Risk Disclosures and Acknowledgement. 6.1 By instructing the Bank in respect of any transaction relating to China Connect Securities, the Customer acknowledges: (a) 6.1.1 that it: (i) it has read and understood the risk disclosures and other information set out in Part B hereof; ; (ii) it understands that there is a risk of prohibition of trading China Connect Securities; and and (iii) it understands its obligations set out in Part B hereof, hereof including the consequences of a breach of China Connect Laws; (b) that 6.1.2 the Bank shall not be liable for any loss, liability or third party claim or demand that it may suffer directly or indirectly as a result of any action or inaction by the Bank in connection with the provision of Services services in respect of China Connect Securities to the Customer by the Bank including, without limitation, the materialisation of any of the risks described in Part B hereof; (c) 6.1.3 that SEHK has the power not to extend the China Connect Service to the Customer if it is found that the Customer has or may have committed any abnormal trading conduct set out in the SSE Rules and/or the SZSE Rules (as the case may be); (d) 6.1.4 that if the SSE Rules and/or the SZSE Rules (as the case may be) are breached, or the disclosure and other obligations referred to in any China Connect Laws or China Connect Rules are breached, the relevant China Connect Market has the power to carry out an investigation, and may, through SEHK (or any other governmental or regulatory body), require the Bank to: to (ia) provide relevant information and materials relating to it including, without limitation, its identity and trading activity; and and (iib) to assist in a China Connect Authority’s investigation in relation to it and/or its trading activity; (e) 6.1.5 that where a China Connect Authority considers that there is a serious breach of the SSE Rules and/or the SZSE Rules (as the case may be), the Bank may be required by a China Connect Authority to: to (ia) issue warning statements (verbally or in writing) to it; and and (iib) cease providing it with any service relating to trading China Connect Securities through China Connect; (f) 6.1.6 and agrees that prior to the Bank informing the Customer that a Northbound buy order made by the Customer has been settled, it shall not make a Northbound sell order in respect of the China Connect Securities which are the subject of such Northbound buy order; (g) 6.1.7 and consents to the Bank providing information relating to its profile, the type and value of Northbound buy and sell orders and transactions executed on its behalf to a China Connect Authority at such intervals and in such form as such China Connect Authority may specify from time to time; (h) 6.1.8 and accepts responsibility for paying all fees, charges, levies and Taxes taxes and shall comply with any filing or registration obligations as may be required under any China Connect Laws or China Connect Rules relating to any China Connect Securities and any dividends or entitlements in respect of such China Connect Securities; (i) 6.1.9 that SEHK may, upon the request of the relevant China Connect Market, require the Bank to reject its order; and (j) 6.1.10 that none of the China Connect Authorities or their respective directors, employees or agents shall be responsible or held liable for any loss or damage that it may suffer, whether directly or indirectly in connection with the trading of China Connect Securities or the operation of the CSC in respect of China Connect Securities.

Appears in 3 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

Risk Disclosures and Acknowledgement. 6.1 5.1 By instructing the Bank in respect of any transaction relating to China Connect Securities, the Customer acknowledges: (a) 5.1.1 that it: (i) it has read and understood the risk disclosures and other information set out in Part B hereof; ; (ii) it understands that there is a risk of prohibition of trading China Connect Securities; and and (iii) it understands its obligations set out in Part B hereof, hereof including the consequences of a breach of China Connect Laws; (b) 5.1.2 that the Bank shall not be liable for any loss, liability or third party claim or demand that it may suffer directly or indirectly as a result of any action or inaction by the Bank in connection with the provision of Services services in respect of China Connect Securities to the Customer by the Bank including, without limitation, the materialisation of any of the risks described in Part B hereof; (c) 5.1.3 that SEHK has the power not to extend the China Connect Service to the Customer if it is found that the Customer has or may have committed any abnormal trading conduct set out in the SSE Rules and/or the SZSE Rules (as the case may be)Rules; (d) 5.1.4 that if the SSE Rules and/or the SZSE Rules (as the case may be) are breached, or the disclosure and other obligations referred to in any China Connect Laws or China Connect Rules are breached, the relevant China Connect Market SSE has the power to carry out an investigation, and may, through SEHK (or any other governmental or regulatory body), require the Bank to: to (ia) provide relevant information and materials relating to it including, without limitation, its identity and trading activity; and and (iib) to assist in a China Connect Authority’s investigation in relation to it and/or its trading activity; (e) 5.1.5 that where a China Connect Authority considers that there is a serious breach of the SSE Rules and/or the SZSE Rules (as the case may be)Rules, the Bank may be required by a China Connect Authority to: to (ia) issue warning statements (verbally or in writing) to it; and and (iib) cease providing it with any service relating to trading China Connect Securities through China Connect; (f) 5.1.6 and agrees that prior to the Bank informing the Customer that a Northbound buy order made by the Customer has been settled, it shall not make a Northbound sell order in respect of the China Connect Securities which are the subject of such Northbound buy order; (g) 5.1.7 and consents to the Bank providing information relating to its profile, the type and value of Northbound buy and sell orders and transactions executed on its behalf to a China Connect Authority at such intervals and in such form as such China Connect Authority may specify from time to time; (h) 5.1.8 and accepts responsibility for paying all fees, charges, levies and Taxes taxes and shall comply with any filing or registration obligations as may be required under any China Connect Laws or China Connect Rules relating to any China Connect Securities and any dividends or entitlements in respect of such China Connect Securities;; DBS Bank Ltd 80 Co. Reg. No. 196800306E (i) 5.1.9 that SEHK may, upon the request of the relevant China Connect MarketSSE’s request, require the Bank to reject its order; and (j) 5.1.10 that none of the China Connect Authorities or their respective directors, employees or agents shall be responsible or held liable for any loss or damage that it may suffer, whether directly or indirectly in connection with the trading of China Connect Securities or the operation of the CSC in respect of China Connect Securities.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

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Risk Disclosures and Acknowledgement. 6.1 By instructing the Bank Broker in respect of any transaction relating to China Connect Securities, the Customer Client acknowledges, represents, warrants and confirms that: (a) that it: (i) he has read read, fully understood and understood accepted the risk disclosures and other information applicable to China Connect set out in Part B hereofAppendix 1 to these Stock Connect Terms and Conditions; (iib) the Client understands and agrees that there is a risk of prohibition of from trading China Connect Securities; and (iiic) the Client's Instructions to trade China Connect Securities may not be accepted; and (d) the Client understands its and agrees to accept his obligations set out in Part B hereof, when trading China Connect Securities through China Connect including the any consequences of a breach of China Connect LawsMarket Requirements; (b) that 5.2. neither the Bank Broker nor any Related Person shall not be liable for any loss, liability liability, or third party claim or demand that it he may suffer or incur directly or indirectly as a result of any action or inaction by the Bank Broker or any Related Person in connection with the provision of Services trading services in respect of China Connect Securities to the Customer Client by the Bank Broker including, without limitation, the materialisation of any of the risks described in Part B hereofAppendix 1 to these Stock Connect Terms and Conditions; (c) that 5.3. SEHK has the power not to extend the China Connect Service to the Customer Client and the power to require the Broker not to accept Instructions from the Client, if it is found that the Customer Client, the Broker or any of the Broker's clients has or may have committed any abnormal trading conduct set out referred to in the SSE Rules and/or or the SZSE Rules (as the case may be)or failed to comply with any China Connect Rules; (d) that 5.4. the Broker and/or any Related Person may provide to a China Connect Authority relevant information and materials relating to the Client, including, without limitation, in relation to the Client's identity, Personal Data and trading activities for the purposes of assisting any investigation or surveillance by a China Connect Authority; 5.5. if the SSE Rules and/or or the SZSE Rules (as the case may be) are breached, or the disclosure and other obligations referred to in any China Connect Laws or China Connect Rules Market Requirements are breached, (a) SSE or SZSE (as the relevant China Connect Market case may be) has the power to carry out an investigationinvestigations, and may, through SEHK (or the SEHK Subsidiary or any other governmental or regulatory body), require the Bank to: Broker and/or any Related Person to (i) provide relevant information and materials relating to it him (including, without limitation, its identity in relation to his identity, Personal Data and trading activity) and any other information requested by any China Connect Authority; and and (ii) to assist in a China Connect Authority’s 's investigation in relation to it him and/or its his trading activity, and (b) he may be subject to regulatory investigations and the relevant legal and regulatory consequences if he is in breach of, or fail to comply with, such laws, rules and regulations; 5.6. SEHK may (efor the purpose of assisting SSE or SZSE in its regulatory surveillance of the relevant China Connect Market and enforcement of the SSE China Connect Rules or the SZSE China Connect Rules and as part of the regulatory cooperation arrangement between SEHK, the SEHK Subsidiary and SSE or SZSE (as the case may be)), at the request of SSE or SZSE (as the case may be), require the Broker to provide information (including, without limitation, in relation to his identity, Personal Data and trading activity) that in relation to him and any other persons referred to in the SEHK China Connect Rules with respect to any China Connect orders placed or China Connect transactions made or entered into by the Broker on their behalf; 5.7. where a China Connect Authority considers that there is a serious breach of the SSE Rules and/or or the SZSE Rules (as the case may be)Rules, the Bank Broker may be required by a China Connect Authority to: to (ia) issue warning statements (verbally or in writing) to ithim; and and (iib) cease providing it him with any service relating to trading China Connect Securities through China Connect; (f) and agrees that 5.8. prior to the Bank Broker informing the Customer him that a Northbound buy order made instructed by the Customer him has been settled, it he shall not make instruct a Northbound sell order in respect of the China Connect Securities which are the subject of such Northbound buy order; (g) and 5.9. he consents to the Bank Broker and/or any Related Person providing his Client Information (as defined in Clause 11 of these Stock Connect Terms and Conditions) and information relating to its profile, his profile and the type types and value values of Northbound buy and sell orders and transactions made and executed on its his behalf to a any China Connect Authority at such intervals and in such form forms as such China Connect Authority may specify or require from time to time; (h) and 5.10. he accepts responsibility for paying all fees, charges, levies and Taxes taxes and shall comply with any filing or registration obligations as may be required under by any China Connect Laws Authority or China Connect Rules any Market Requirements relating to any China Connect Securities and any dividends or entitlements in respect of such China Connect Securities; (i) that SEHK may, upon 5.11. the request of the relevant China Connect Market, require the Bank to reject its order; and (j) that none of Broker will be required under the China Connect Authorities or their respective directorsRules to keep, employees or agents shall be responsible or held liable for any loss or damage that it may suffera period of not less than 20 years, whether directly or indirectly in connection with the trading records (including telephone records) of China Connect Securities or the operation of the CSC in respect of China Connect Securities.(a) all orders and trades executed on his behalf;

Appears in 2 contracts

Samples: Securities Transactions Client Agreement, Securities Transactions Client Agreement

Risk Disclosures and Acknowledgement. 6.1 By You shall be deemed to acknowledge the following by instructing the Bank CSSS in respect of any transaction relating to China Connect Securities, the Customer acknowledges:. (a) 5.1 You acknowledge that it: (i) has you have read and understood the risk disclosures and other information set out in Part B hereof;and that you understand your obligations set out in Part B including any consequences of a breach of China Connect Laws or China Connect Rules. (ii) understands 5.2 You acknowledge that there is a risk of prohibition of and suspension from trading China Connect Securities; and (iii) understands its obligations set out in Part B hereof, including the consequences of a breach of Securities and that your instructions to trade China Connect Laws;Securities may not be accepted. (b) 5.3 You acknowledge that the Bank neither CSSS nor any Related Person shall not be liable for any loss, liability or third party claim or demand that it you may suffer directly or indirectly as a result of any action or inaction by the Bank CSSS or any Related Person in connection with the provision of Services trading services in respect of China Connect Securities to the Customer you by the Bank CSSS including, without limitation, the materialisation of any of the risks described in Part B hereof;hereto. (c) 5.4 You acknowledge that SEHK has the power not to extend the China Connect Service to you, and the Customer power to require CSSS not to accept instructions from you, if it is found that the Customer you, CSSS or any of CSSS’ clients has or may have committed any abnormal trading conduct set out in the SSE relevant China Connect Market Rules and/or the SZSE Rules (as the case may be);or failed to comply with any China Connect Rules. (d) 5.5 You acknowledge that if the SSE relevant China Connect Market Rules and/or the SZSE Rules (as the case may be) are breached, or the disclosure and other obligations referred to in any China Connect Laws or China Connect Rules are breached, (i) the relevant China Connect Market has the power to carry out an investigationinvestigations, and may, through SEHK (or through the SEHK Subsidiary, or any other governmental or regulatory body), require the Bank to: CSSS or a Related Person to (ia) provide relevant information and materials relating to it you including, without limitation, its identity in relation to your identity, personal data and trading activity; and and (iib) to assist in a China Connect Authority’s investigation in relation to it you and/or its your trading activity;; and (ii) you may be subject to regulatory investigations and legal and regulatory consequences if you are in breach of, or fail to comply with, such laws, rules and regulations. 5.6 You acknowledge that the SEHK may (efor the purpose of assisting the relevant China Connect Market in its regulatory surveillance of the China Connect Market and enforcement of the China Connect Rules and as part of the regulatory cooperation arrangement between the SEHK, the SEHK Subsidiary and the relevant China Connect Market), at the request of the relevant China Connect Market, require CSSS to provide information (including, without limitation, in relation to your identity, personal data and trading activity) in relation to you and any other persons referred to in the SEHK China Connect Rules with respect to any China Connect orders placed or China Connect transactions made or entered into by CSSS on your or their behalf. 5.7 You acknowledge that where a China Connect Authority considers that there is a serious breach of the SSE Rules and/or the SZSE Rules (as the case may be)relevant China Connect Market Rules, the Bank CSSS may be required by a China Connect Authority to: to (ia) issue warning statements (verbally or in writing) to ityou; and and (iib) cease providing it you with any service relating to trading China Connect Securities through China Connect;. (f) and agrees that 5.8 You acknowledge that, prior to the Bank informing the Customer you by CSSS that a Northbound buy order made instructed by the Customer you has been settled, it you shall not make instruct a Northbound sell order in respect of the China Connect Securities which are the subject of such Northbound buy order;. (g) 5.9 You acknowledge and consents consent to the Bank CSSS or any Related Person providing information relating to its you and your profile, including the type and value of Northbound buy and sell orders and transactions executed on its your behalf to a China Connect Authority at such intervals and in such form as such China Connect Authority may specify from time to time;time including in relation to an investigation or surveillance by a China Connect Authority. (h) 5.10 You acknowledge and accepts accept responsibility for paying all fees, charges, levies and Taxes taxes and shall comply with any filing or registration obligations as may be required under any China Connect Laws or China Connect Rules relating to any China Connect Securities and any dividends or entitlements in respect of such China Connect Securities;. 5.11 You acknowledge and accept that CSSS will be subject to recordkeeping requirements under the China Connect Rules and may therefore retain records (iincluding telephone and electronic communications and account information) in relation to your Northbound orders and trading for 20 years or as otherwise required under the China Connect Rules or the China Connect Laws. 5.12 You acknowledge and accept that the SEHK may, may upon the request of the relevant China Connect Market, Market require the Bank CSSS to cancel or reject its order; andany order made on your behalf. (j) 5.13 You acknowledge and accept that none of the China Connect Authorities or their respective directors, employees or and agents shall be responsible or held liable for any loss or damage that it may suffer, whether directly or indirectly suffered by CSSS or any Related Person, you or any other third party arising from or in connection with (i) the trading of China Connect Securities or the operation of the CSC in respect of China Connect Securities, or (ii) any amendments, making or enforcement of the China Connect Rules; or (iii) any action taken by a China Connect Authority in discharge of its supervisory or regulatory obligations or functions (including any action taken in respect of abnormal trading activities).

Appears in 1 contract

Samples: Securities Trading Client Agreement

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