Common use of SECURITIES IN THE ACCOUNT Clause in Contracts

SECURITIES IN THE ACCOUNT. 帳戶中的證券 4.1 The securities collateral in the Account shall be treated and dealt with in compliance with the provisions of the SFO. In particular, the securities collateral which are listed or traded on market operated by SEHK or interests in an authorized collective investment scheme (as defined in the SFO) and are received or held in Hong Kong by the Broker (“Local Securities Collateral”) shall be: 客戶於帳戶中的證券抵押品所獲取的對待及處理須符合《證券及期貨條例》的規定,尤其在聯交所營辦的市場上市或交易的證券抵押品或認可集體投資計劃的權益(根據《證券及期貨條例》定義)的證券抵押品且經紀於香港收取或持有該等證券(「本地證券抵押品」),有關證券將: (A) deposited in safe custody in a segregated account which is designated as a trust account or client account and maintained by the Broker in Hong Kong with an authorized financial institution, a custodian approved by the SFC or another intermediary licensed for dealing in securities; 被存放於經紀在認可財務機構、獲證監會核准的保管人或另一獲發牌進行證券交易的中介人在香港開立及維持指定為信託帳戶或客戶帳戶的獨立帳戶作穩妥保管;或 (B) deposited in an account in the name of the Broker with an authorized financial institution, a custodian approved by the SFC or another intermediary licensed for dealing in securities; or 被存放於經紀以其名義在認可財務機構、獲證監會核准的保管人或另一獲發牌進行證券交易的中介人的帳戶;或 (C) registered in the name of the Client or the Broker. 以客戶或經紀的名稱登記。 4.2 In respect of any securities of the Client other than Local Securities Collateral to which the Securities and Futures (Client Securities) Rules are not applicable under Section 3 of the aforesaid Rules, the Client authorizes the Broker in its discretion to deposit, transfer, lend, pledge, repledge or otherwise deal with such securities to any other parties in whatsoever manner and for any purpose (including without limitation as security for financial accommodation provided to the Broker) the Broker thinks fit. 4.3 Any securities collateral held by the Broker on behalf of the Client in the manner mentioned in Clauses 4.1 and 4.2 or otherwise shall be at the sole risk of the Client and the Broker has no obligation to insure the Client against any kind of risk. The Broker shall not be responsible for any losses, costs, damages, interests and charges arising from or in connection with such dealing of securities under the aforesaid clauses in the absence of bad faith or wilful default of or by the Broker. 4.4 For any securities of the Client deposited with the Broker not registered in the name of the Client, any dividend, distribution or benefits accrued in respect of such securities which are received by the Broker shall be credited to the Account (or payment made to the Client as may be agreed) subject to a reasonable administration fee charged by the Broker. For any securities forming part of a larger holding of identical securities which are held by the Broker for the Client and other persons, the Client is entitled to the same share of the benefits arising on the holding as the share of the Client of the total holding which is also subject to a reasonable administration fee charged by the Broker. The Broker shall not be responsible for any failure in making such distribution of any party which holds securities of the Client. 4.5 For so long as there exists any indebtedness to the Broker on the part of the Client, the Broker may refuse any withdrawal of securities collateral and the Client shall not without consent of the Broker withdraw any securities collateral. 4.6 The Broker is not obliged to return the securities originally delivered or deposited by the Client but may return securities of the same class, denominations and nominal amount and ranking to the Client. 4.7 Without prejudice to any other rights and remedies available to the Broker, the Broker is authorized to dispose of any of the securities from time to time received from or held on behalf of the Client in settlement of any liability owed by the Client or on the Client’s behalf to the Broker or a third person. 4.8 Without prejudice to any other right or remedy available to the Broker, the Client agrees to give the standing authority to the Broker to authorize the Broker to deal with the Local Securities Collateral from time to time received or held on the Client’s behalf in one or more of the following ways (inter alia), namely to: (A) apply any of the Local Securities Collateral pursuant to a securities borrowing and lending agreement; 依據證券借貸協議運用任何客戶的本地證券抵押品; (B) deposit any of Local Securities Collateral with an authorized financial institution as collateral for financial accommodation provided to the Broker; or 將任何客戶的本地證券抵押品存放於認可財務機構,作為提供予經紀的財務通融的抵押品;或 (C) deposit any of Local Securities Collateral with (i) a recognized clearing house; or (ii) another intermediary licensed or registered for dealing in securities, as collateral for the discharge and satisfaction of the Broker's settlement obligations and liabilities. 將任何客於的本地證券抵押品存放於 (i)認可結算所;或 ( ii)另一獲發牌或獲註冊進行證券交易的中介人,作為解除經收紀在交收上的義務和清償經收紀在交收上的法律責任債務的抵押品。 Such authority shall remain valid for a period of twelve (12) months from the approval date of the opening of the Margin Account unless the Client gives not less than seven (7) business days' prior written notice to the Broker to revoke the same at any time, provided that no such revocation shall be effective if there is any indebtedness in the Margin Account. Such standing authority which is not revoked prior to its expiry may be renewed or shall be deemed to have been renewed in accordance with the relevant rules made under the SFO . If the Client requests for revocation of such standing authority or the standing authority has not been renewed by the Client whom the Broker called upon to do so, the Broker reserves the right to terminate this Agreement and operations of the Margin Account and then the Client shall forthwith settle any indebtedness owing to the Broker. 除非客戶於任何時候給予經紀不少於七 (7)個營業日的書面通知撤銷有關授權,此項授權由保證金帳戶的授權開戶開始起計十二 ( 12)個月內有效;但假若保證金帳戶中的債項仍未解除,則該項撤銷將為無效。在有效期屆滿前沒有被撤銷的此項常設授權,可按照《證券及期貨條例》下的有關規則予以續期或當作已續期。倘若客戶要求撤銷有關授權,或經紀要求續期時,客戶沒有將常設授權加以續期時,經紀保留權利終止本協議及保證金帳戶的運作,而客戶必須立即清還欠經紀的債務。 4.9 Subject to the provisions of the SFO, the Client agrees that the Broker is entitled to retain for its own benefit and not accountable to the Client for any fee, income, rebate or other benefits resulting from any lending or deposit of the securities of the Client held in the Account with any third party for any purpose by the Broker.

Appears in 3 contracts

Samples: Client Master Agreement, Client Master Agreement, Client Master Agreement

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SECURITIES IN THE ACCOUNT. 帳戶中的證券 4.1 2.1 The securities collateral of the Client in the Account shall be treated and dealt with in compliance with the provisions of the SFO. In particular, the securities collateral which are listed or traded on a recognized market as defined under the SFO (including the market operated by SEHK SEHK) or interests in an authorized collective investment scheme (as defined in the SFO) and are received or held in Hong Kong by the Broker (“Local Securities CollateralSecurities”) shall be: 客戶於帳戶中的證券抵押品所獲取的對待及處理須符合《證券及期貨條例》的規定,尤其在聯交所營辦的市場上市或交易的證券抵押品或認可集體投資計劃的權益(根據《證券及期貨條例》定義)的證券抵押品且經紀於香港收取或持有該等證券(「本地證券抵押品」),有關證券將客戶於帳戶中的證券所獲取的對待及處理須符合《證券及期貨條例》的規定,尤其在聯交所營辦的市場上市或交易的證券或認可集體投資計劃的權益(根據《證券及期貨條例》定義)的證券以及經紀於香港收取或持有該等證券(「本地證券」),有關證券將: (A) deposited in safe custody in a segregated account which is designated as a trust account or client account and maintained by the Broker in Hong Kong with an authorized financial institution, a custodian approved by the SFC or another intermediary licensed for dealing in securities; or 被存放於經紀在認可財務機構、獲證監會核准的保管人或另一獲發牌進行證券交易的中介人在香港開立及維持指定為信託帳戶或客戶帳戶的獨立帳戶作穩妥保管;或 (B) deposited in an account in the name of the Broker with an authorized financial institution, a custodian approved by the SFC or another intermediary licensed for dealing in securities; or 被存放於經紀以其名義在認可財務機構、獲證監會核准的保管人或另一獲發牌進行證券交易的中介人的帳戶;或 (C) registered in the name of the Client or the BrokerClient. 以客戶或經紀的名稱登記以客戶的名稱登記4.2 2.2 In respect of any securities of the Client other than Local Securities Collateral to which (“Overseas Securities”) held for safekeeping by any other party engaged by the Securities and Futures (Client Securities) Rules are not applicable under Section 3 of Broker on the aforesaid RulesClient’s behalf, the Client hereby authorizes the Broker to instruct the relevant party on behalf of the Client to deposit such Overseas Securities in the safe custody of that party or its discretion to deposit, transfer, lend, pledge, repledge custodian or otherwise deal with such securities to any other parties institution in whatsoever manner and the relevant jurisdiction where the relevant Transaction was effected which provides facilities for any purpose (including without limitation as security for financial accommodation provided to the Broker) the Broker thinks fit.safe custody of documents. 由經紀代客戶聘用的任何人士或機構持有客戶擁有除本地證券以外之證券(「海外證券」)作保管用途,以進行與海外證券有關之任何有關交易而言,客戶謹此授權經紀代客戶向有關方面發出指示,將該等海外證券存放於該方或其託管商,或在進行有關交易之相關司法管轄區內提供設施的其他機構代為保管。 4.3 2.3 Any securities collateral held by the Broker on behalf of the Client in the manner mentioned in Clauses 4.1 2.1 and 4.2 2.2 or otherwise shall be b e at the sole risk of the Client and the Broker has no obligation to insure the Client against any kind of risk. The Broker shall not be responsible for any losses, costs, damages, interests and charges arising from or in connection with such dealing of securities engagement or custody under the aforesaid clauses in clauses, including without limitation any losses arising from fraud or negligence of the absence of bad faith or wilful default of or by the Brokerparty so engaged. 4.4 2.4 For any securities of the Client deposited with the Broker not registered in the name of the Client, any dividend, distribution or benefits accrued in respect of such securities which are received by the Broker shall be credited to the Account (or payment made to the Client as may be agreed) subject to a reasonable administration fee charged by the Broker. For any securities forming part of a larger holding of identical securities which are held by the Broker for the Client and other persons, the Client is entitled to the same share of the benefits arising on the holding as the share of the Client of the total holding which is also subject to a reasonable administration fee charged by the Broker. The Broker shall not be responsible for any failure in making such distribution of any party which holds securities of the Client. 4.5 For so long as there exists any indebtedness to the Broker on the part of the Client, the Client for safekeeping. The Broker may refuse any withdrawal of securities collateral and the Client shall not without consent of the Broker withdraw any securities collateral. 4.6 The Broker is not obliged to return the securities originally delivered or deposited by the Client but may return securities of the same class, denominations and nominal amount and ranking to the Client. 4.7 Without prejudice to any other rights and remedies available to the Broker, the Broker is authorized to dispose of any of the securities from time to time received from or held also exercise voting right on behalf of the Client in settlement of any liability owed with respect to such securities upon prior specific instruction received by the Client or on Broker from the Client’s behalf to the Broker or a third person. 4.8 Without prejudice to any other right or remedy available to the Broker, the Client agrees to give the standing authority to the Broker to authorize the Broker to deal with the Local Securities Collateral from time to time received or held on the Client’s behalf in one or more of the following ways (inter alia), namely to: (A) apply any of the Local Securities Collateral pursuant to a securities borrowing and lending agreement; 依據證券借貸協議運用任何客戶的本地證券抵押品; (B) deposit any of Local Securities Collateral with an authorized financial institution as collateral for financial accommodation provided to the Broker; or 將任何客戶的本地證券抵押品存放於認可財務機構,作為提供予經紀的財務通融的抵押品;或 (C) deposit any of Local Securities Collateral with (i) a recognized clearing house; or (ii) another intermediary licensed or registered for dealing in securities, as collateral for the discharge and satisfaction of the Broker's settlement obligations and liabilities. 將任何客於的本地證券抵押品存放於 (i)認可結算所;或 ( ii)另一獲發牌或獲註冊進行證券交易的中介人,作為解除經收紀在交收上的義務和清償經收紀在交收上的法律責任債務的抵押品。 Such authority shall remain valid for a period of twelve (12) months from the approval date of the opening of the Margin Account unless the Client gives not less than seven (7) business days' prior written notice to the Broker to revoke the same at any time, provided that no such revocation shall be effective if there is any indebtedness in the Margin Account. Such standing authority which is not revoked prior to its expiry may be renewed or shall be deemed to have been renewed in accordance with the relevant rules made under the SFO . If the Client requests for revocation of such standing authority or the standing authority has not been renewed by the Client whom the Broker called upon to do so, the Broker reserves the right to terminate this Agreement and operations of the Margin Account and then the Client shall forthwith settle any indebtedness owing to the Broker. 除非客戶於任何時候給予經紀不少於七 (7)個營業日的書面通知撤銷有關授權,此項授權由保證金帳戶的授權開戶開始起計十二 ( 12)個月內有效;但假若保證金帳戶中的債項仍未解除,則該項撤銷將為無效。在有效期屆滿前沒有被撤銷的此項常設授權,可按照《證券及期貨條例》下的有關規則予以續期或當作已續期。倘若客戶要求撤銷有關授權,或經紀要求續期時,客戶沒有將常設授權加以續期時,經紀保留權利終止本協議及保證金帳戶的運作,而客戶必須立即清還欠經紀的債務。 4.9 Subject to the provisions of the SFO, the Client agrees that the Broker is entitled to retain for its own benefit and not accountable to the Client for any fee, income, rebate or other benefits resulting from any lending or deposit of the securities of the Client held in the Account with any third party for any purpose by the Broker.

Appears in 3 contracts

Samples: Client Master Agreement, Client Master Agreement, Client Master Agreement

SECURITIES IN THE ACCOUNT. 帳戶中的證券 4.1 2.1. The securities collateral of the Client in the Account shall be treated and dealt with in compliance with the provisions of the SFO. In particular, the securities collateral which are listed or traded on market operated by SEHK or interests in an authorized collective investment scheme (as defined in the SFO) and are received or held in Hong Kong by the Broker (“Local Securities CollateralSecurities”) shall be: 客戶於帳戶中的證券抵押品所獲取的對待及處理須符合《證券及期貨條例》的規定,尤其在聯交所營辦的市場上市或交易的證券抵押品或認可集體投資計劃的權益(根據《證券及期貨條例》定義)的證券抵押品且經紀於香港收取或持有該等證券(「本地證券抵押品」),有關證券將:: (Aa) deposited in safe custody in a segregated account which is designated as a trust account or client account and maintained by the Broker in Hong Kong with an authorized financial institutioninstitution (as defined in the SFO), a custodian approved by the SFC or another intermediary licensed for dealing in securities; 被存放於經紀在認可財務機構、獲證監會核准的保管人或另一獲發牌進行證券交易的中介人在香港開立及維持指定為信託帳戶或客戶帳戶的獨立帳戶作穩妥保管;或or (B) deposited in an account in the name of the Broker with an authorized financial institution, a custodian approved by the SFC or another intermediary licensed for dealing in securities; or 被存放於經紀以其名義在認可財務機構、獲證監會核准的保管人或另一獲發牌進行證券交易的中介人的帳戶;或 (Cb) registered in the name of the Client or the BrokerClient. 以客戶或經紀的名稱登記客戶於帳戶中的證券所獲取的對待及處理須符合《證券及期貨條例》的規定,尤其在聯交所營辦的市場上市或交易的證券或認可集體投資計劃的權益(根據《證券及期貨條例》定義)的證券以及經紀於香港收取或持有該等證券(「本地證券」),有關證券將: (a) 被存放於經紀在認可財務機構(根據《證券及期貨條例》定義)、獲證監會核准的保管人或另一獲發牌進行證券交易的中介人在香港開立及維持指定為信託帳戶或客戶帳戶的獨立帳戶作穩妥保管;或 (b) 以客戶的名稱登記4.2 2.2. In respect of any securities of the Client other than Local Securities Collateral to which (“Overseas Securities”) held for safekeeping by any other party engaged by the Securities and Futures (Client Securities) Rules are not applicable under Section 3 of Broker on the aforesaid RulesClient’s behalf, the Client hereby authorizes the Broker to instruct the relevant party on behalf of the Client to deposit such Overseas Securities in the safe custody of that party or its discretion to deposit, transfer, lend, pledge, repledge custodian or otherwise deal with such securities to any other parties institution in whatsoever manner and the relevant jurisdiction where the relevant Transaction was effected which provides facilities for any purpose (including without limitation as security for financial accommodation provided to the Broker) the Broker thinks fit.safe custody of documents. 由經紀代客戶聘用的任何人士或機構持有客戶擁有除本地證券以外之證券(「海外證券」)作保管用途,以進行與海外證券有關之任何有關交易而言,客戶謹此授權經紀代客戶向有關方面發出指示,將該等海外證券存放於該方或其託管商,或在進行有關交易之相關司法管轄區內提供設施的其他機構代為保管。 4.3 2.3. Any securities collateral held by the Broker on behalf of the Client in the manner mentioned in Clauses 4.1 2.1 and 4.2 2.2 or otherwise shall be at the sole risk of the Client and the Broker has no obligation to insure the Client against any kind of risk. The Broker shall not be responsible for any losses, costs, damages, interests and charges arising from or in connection with such dealing of securities engagement or custody under the aforesaid clauses in clauses, including without limitation any losses arising from fraud or negligence of the absence of bad faith or wilful default of or by the Broker.party so engaged. 客戶須單獨承擔經紀以第 2.1 條及第 2.2 條所述或其他方式代客戶持有的任何證券引致的風險,經紀概無責任替客戶就各類風險購買保險。經紀亦無須承擔前述條款中涉及聘用其他人士或保管商所引致之損失、費用、損害、利息及收費,包括不限於因聘用一方的欺騙或疏忽所引致的損失。 4.4 2.4. For any securities of the Client deposited with the Broker not registered in the name of the Client, any dividend, distribution or benefits accrued in respect of such securities which are received by the Broker shall be credited to the Account (or payment made to the Client as may be agreed) subject to a reasonable administration fee charged by the Broker. For any securities forming part of a larger holding of identical securities which are held by the Broker for the Client and other persons, the Client is entitled to the same share of the benefits arising on the holding as the share of the Client of the total holding which is also subject to a reasonable administration fee charged by the Broker. Where the dividend is distributed either in the form of cash dividend or other forms, the Broker is authorized to elect and receive on behalf of the Client the cash dividend in the absence of contrary prior written instruction from the Client. The Broker shall not be responsible for any failure in making such distribution of any party which holds securities of the Client.Client for safekeeping. 凡由經紀代客戶持有不以客戶的名義登記的客戶證券,則任何就該等證券的應計股息、分派或利益將會由經紀代收,然後記入客戶的有關帳戶(或者按協議付款給客戶),經紀可就此收取合理行政費用。倘該等證券屬於經紀代客戶以及其他客戶持有較大數量的同一證券的一部份,客戶有權按其所佔的比例獲得該等證券的利益,經紀也可就此收取合理行政費用。如果股息以現金股息或其他形式派發,而客戶沒有事先以書面提出不同的指示,即等同授權經紀代客戶選擇及收取現金股息。倘持有客戶的證券以提供保管服務的其他人士未能作出有關的分配,經紀不須為此而負上任何責任。 4.5 For so long as there exists any indebtedness to 2.5. Where Securities are held by the Broker on the part of the Clientfor safekeeping pursuant to this Clause, the Broker may refuse shall itself, or shall procure any withdrawal of securities collateral and nominee or custodian appointed by it to comply with any directions, which would have to be timely given to the Company to enable it to make the necessary arrangements, from the Client as to the exercise of any voting or other rights attaching to or conferring on such Securities provided that if any payment or expense is required to be made or incurred in connection with such exercise, neither the Company nor its nominee shall be required to comply with any directions received from the Client unless and until it receives all amounts necessary to fund such exercise. 若經紀按本條持有證券作安全保管,經紀本身應當或應當促使經紀指定的代名人或託管人行使上述證券所附有或授予上述證券的任何投票權或其他權利。但如果對上述權利的行使須支付或發生任何償付或費用,則經紀或其代名人不會遵從客戶發出的任何有關指示,除非及直至經紀已收到行使上述權利所需繳付的款項。 2.6. Securities purchased for the Client will be delivered to the Client (or as the Client may direct) PROVIDED THAT such securities are fully paid and are not without consent of subject to any lien, and/or are not held as collateral by the Broker withdraw or any securities collateral.WAN LUNG company. 為客戶購買的證券將會交付給客戶(或如客戶所指示),唯該等證券須已全數付清代價,及該等證券並沒有受到任何留置權約束,及/或並非由經紀或萬隆持有作為抵押品。 4.6 2.7. The Broker is not obliged to return the securities originally delivered or deposited by the Client but may return securities of the same class, denominations and nominal amount and ranking to the Client.. 經紀不須向客戶交還客戶原先所交付或存放的證券,而只會向客戶付交還同一類別、面值、名義數額及等級的證券。 4.7 2.8. Without prejudice to any other rights and remedies available to the Broker, the Broker is authorized to dispose of any of the securities from time to time received from or held on behalf of the Client in settlement of any liability owed by the Client or on the Client’s behalf to the Broker or a third person.. 在不損害經紀可能擁有的其他權利和補救前提下,經紀獲授權處置不時由從客戶收取或代客戶持有的證券,以解除由客戶或代客戶對經紀或第三者所負的法律任何責任。 4.8 Without prejudice to any other right 2.9. Except as provided in Clause 2.8 of the Additional Terms for Cash Account or remedy available to Clauses 3.2, 7.2 and 8 of the BrokerGeneral Terms and Conditions or permitted under the SFO, the Client agrees to give the standing authority to the The Broker to authorize the Broker to deal with the Local Securities Collateral from time to time received or held on shall not without the Client’s behalf in one oral or more of the following ways (inter alia), namely to: (A) apply any of the Local Securities Collateral pursuant to a securities borrowing and lending agreement; 依據證券借貸協議運用任何客戶的本地證券抵押品; (B) deposit any of Local Securities Collateral with an authorized financial institution as collateral for financial accommodation provided to the Broker; written direction or 將任何客戶的本地證券抵押品存放於認可財務機構,作為提供予經紀的財務通融的抵押品;或 (C) deposit any of Local Securities Collateral with (i) a recognized clearing house; or (ii) another intermediary licensed or registered for dealing in securities, as collateral for the discharge and satisfaction of the Broker's settlement obligations and liabilities. 將任何客於的本地證券抵押品存放於 (i)認可結算所;或 ( ii)另一獲發牌或獲註冊進行證券交易的中介人,作為解除經收紀在交收上的義務和清償經收紀在交收上的法律責任債務的抵押品。 Such authority shall remain valid for a period of twelve (12) months from the approval date of the opening of the Margin Account unless the Client gives not less than seven (7) business days' prior written notice to the Broker to revoke the same at any time, provided that no such revocation shall be effective if there is any indebtedness in the Margin Account. Such standing authority which is not revoked prior to its expiry may be renewed deposit, transfer, lend, pledge, re-pledge or shall be deemed to have been renewed in accordance otherwise deal with the relevant rules made under the SFO . If the Client requests for revocation of such standing authority or the standing authority has not been renewed by the Client whom the Broker called upon to do so, the Broker reserves the right to terminate this Agreement and operations of the Margin Account and then the Client shall forthwith settle any indebtedness owing to the Broker. 除非客戶於任何時候給予經紀不少於七 (7)個營業日的書面通知撤銷有關授權,此項授權由保證金帳戶的授權開戶開始起計十二 ( 12)個月內有效;但假若保證金帳戶中的債項仍未解除,則該項撤銷將為無效。在有效期屆滿前沒有被撤銷的此項常設授權,可按照《證券及期貨條例》下的有關規則予以續期或當作已續期。倘若客戶要求撤銷有關授權,或經紀要求續期時,客戶沒有將常設授權加以續期時,經紀保留權利終止本協議及保證金帳戶的運作,而客戶必須立即清還欠經紀的債務。 4.9 Subject to the provisions of the SFO, the Client agrees that the Broker is entitled to retain for its own benefit and not accountable to the Client for any fee, income, rebate or other benefits resulting from any lending or deposit of the securities of the Client held in the Account with any third party for any purpose by the BrokerClient. 除本附加條款第 2.8 條及一般條款中第 3.2 條、第 7.2 條及第 8 條內所說明或《證券及期貨條例》所容許,經紀在未有獲得客戶作出之口頭或書面指示或常設授權前不得將客戶的任何證券存放、轉移、借出、質押、再質押或為任何其他目的以其他方式處理。 2.

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Samples: Client Services Agreement

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SECURITIES IN THE ACCOUNT. 帳戶中的證券 4.1 2.1. The securities collateral of the Client in the Account shall be treated and dealt with in compliance with the provisions of the SFO. In particular, the securities collateral which are listed or traded on market operated by SEHK or interests in an authorized collective investment scheme (as defined in the SFO) and are received or held in Hong Kong by the Broker (“Local Securities CollateralSecurities”) shall be: 客戶於帳戶中的證券抵押品所獲取的對待及處理須符合《證券及期貨條例》的規定,尤其在聯交所營辦的市場上市或交易的證券抵押品或認可集體投資計劃的權益(根據《證券及期貨條例》定義)的證券抵押品且經紀於香港收取或持有該等證券(「本地證券抵押品」),有關證券將:: (Aa) deposited in safe custody in a segregated account which is designated as a trust account or client account and maintained by the Broker in Hong Kong with an authorized financial institutioninstitution (as defined in the SFO), a custodian approved by the SFC or another intermediary licensed for dealing in securities; 被存放於經紀在認可財務機構、獲證監會核准的保管人或另一獲發牌進行證券交易的中介人在香港開立及維持指定為信託帳戶或客戶帳戶的獨立帳戶作穩妥保管;或or (B) deposited in an account in the name of the Broker with an authorized financial institution, a custodian approved by the SFC or another intermediary licensed for dealing in securities; or 被存放於經紀以其名義在認可財務機構、獲證監會核准的保管人或另一獲發牌進行證券交易的中介人的帳戶;或 (Cb) registered in the name of the Client or the BrokerClient. 以客戶或經紀的名稱登記客戶於帳戶中的證券所獲取的對待及處理須符合《證券及期貨條例》的規定,尤其在聯交所營辦的市場上市或交易的證券或認可集體投資計劃的權益(根據《證券及期貨條例》定義)的證券以及經紀於香港收取或持有該等證券(「本地證券」),有關證券將: (a) 被存放於經紀在認可財務機構(根據《證券及期貨條例》定義)、獲證監會核准的保管人或另㇐獲發牌進行證券交易的中介人在香港開立及維持指定為信託帳戶或客戶帳戶的獨立帳戶作穩妥保管;或 (b) 以客戶的名稱登記4.2 2.2. In respect of any securities of the Client other than Local Securities Collateral to which (“Overseas Securities”) held for safekeeping by any other party engaged by the Securities and Futures (Client Securities) Rules are not applicable under Section 3 of Broker on the aforesaid RulesClient’s behalf, the Client hereby authorizes the Broker to instruct the relevant party on behalf of the Client to deposit such Overseas Securities in the safe custody of that party or its discretion to deposit, transfer, lend, pledge, repledge custodian or otherwise deal with such securities to any other parties institution in whatsoever manner and the relevant jurisdiction where the relevant Transaction was effected which provides facilities for any purpose (including without limitation as security for financial accommodation provided to the Broker) the Broker thinks fit.safe custody of documents. 由經紀代客戶聘用的任何人士或機構持有客戶擁有除本地證券以外之證券(「海外證券」)作保管用途,以進行與海外證券有關之任何有關交易而言,客戶謹此授權經紀代客戶向有關方面發出指示,將該等海外證券存放於該方或其託管商,或在進行有關交易之相關司法管轄區內提供設施的其他機構代為保管。 4.3 2.3. Any securities collateral held by the Broker on behalf of the Client in the manner mentioned in Clauses 4.1 2.1 and 4.2 2.2 or otherwise shall be at the sole risk of the Client and the Broker has no obligation to insure the Client against any kind of risk. The Broker shall not be responsible for any losses, costs, damages, interests and charges arising from or in connection with such dealing of securities engagement or custody under the aforesaid clauses in clauses, including without limitation any losses arising from fraud or negligence of the absence of bad faith or wilful default of or by the Broker.party so engaged. 客戶須單獨承擔經紀以第 2.1 條及第 2.2 條所述或其他方式代客戶持有的任何證券引致的風險,經紀概無責任替客戶就各類風險購買保險。經紀亦無須承擔前述條款中涉及聘用其他人士或保管商所引致之損失、費用、損害、利息及收費,包括不限於因聘用㇐方的欺騙或疏忽所引致的損失。 4.4 2.4. For any securities of the Client deposited with the Broker not registered in the name of the Client, any dividend, distribution or benefits accrued in respect of such securities which are received by the Broker shall be credited to the Account (or payment made to the Client as may be agreed) subject to a reasonable administration fee charged by the Broker. For any securities forming part of a larger holding of identical securities which are held by the Broker for the Client and other persons, the Client is entitled to the same share of the benefits arising on the holding as the share of the Client of the total holding which is also subject to a reasonable administration fee charged by the Broker. Where the dividend is distributed either in the form of cash dividend or other forms, the Broker is authorized to elect and receive on behalf of the Client the cash dividend in the absence of contrary prior written instruction from the Client. The Broker shall not be responsible for any failure in making such distribution of any party which holds securities of the Client.Client for safekeeping. 凡由經紀代客戶持有不以客戶的名義登記的客戶證券,則任何就該等證券的應計股息、分派或利益將會由經紀代收,然後記入客戶的有關帳戶(或者按協議付款給客戶),經紀可就此收取合理行政費用。倘該等證券屬於經紀代客戶以及其他客戶持有較大數量的同㇐證券的㇐部份,客戶有權按其所佔的比例獲得該等證券的利益,經紀也可就此收取合理行政費用。如果股息以現金股息或其他形式派發,而客戶沒有事先以書面提出不同的指示,即等同授權經紀代客戶選擇及收取現金股息。倘持有客戶的證券以提供保管服務的其他人士未能作出有關的分配,經紀不須為此而負上任何責任。 4.5 For so long as there exists any indebtedness to 2.5. Where Securities are held by the Broker on the part of the Clientfor safekeeping pursuant to this Clause, the Broker may refuse shall itself, or shall procure any withdrawal of securities collateral and nominee or custodian appointed by it to comply with any directions, which would have to be timely given to the Company to enable it to make the necessary arrangements, from the Client as to the exercise of any voting or other rights attaching to or conferring on such Securities provided that if any payment or expense is required to be made or incurred in connection with such exercise, neither the Company nor its nominee shall be required to comply with any directions received from the Client unless and until it receives all amounts necessary to fund such exercise. 若經紀按本條持有證券作安全保管,經紀本身應當或應當促使經紀指定的代名人或託管人行使上述證券所附有或授予上述證券的任何投票權或其他權利。但如果對上述權利的行使須支付或發生任何償付或費用,則經紀或其代名人不會遵從客戶發出的任何有關指示,除非及直至經紀已收到行使上述權利所需繳付的款項。 2.6. Securities purchased for the Client will be delivered to the Client (or as the Client may direct) PROVIDED THAT such securities are fully paid and are not without consent of subject to any lien, and/or are not held as collateral by the Broker withdraw or any securities collateral.WAN LUNG company. 為客戶購買的證券將會交付給客戶(或如客戶所指示),唯該等證券須已全數付清代價,及該等證券並沒有受到任何留置權約束,及/或並非由經紀或萬隆持有作為抵押品。 4.6 2.7. The Broker is not obliged to return the securities originally delivered or deposited by the Client but may return securities of the same class, denominations and nominal amount and ranking to the Client.. 經紀不須向客戶交還客戶原先所交付或存放的證券,而只會向客戶付交還同㇐類別、面值、名義數額及等級的證券。 4.7 2.8. Without prejudice to any other rights and remedies available to the Broker, the Broker is authorized to dispose of any of the securities from time to time received from or held on behalf of the Client in settlement of any liability owed by the Client or on the Client’s behalf to the Broker or a third person.. 在不損害經紀可能擁有的其他權利和補救前提下,經紀獲授權處置不時由從客戶收取或代客戶持有的證券,以解除由客戶或代客戶對經紀或第三者所負的法律任何責任。 4.8 Without prejudice to any other right 2.9. Except as provided in Clause 2.8 of the Additional Terms for Cash Account or remedy available to Clauses 3.2, 7.2 and 8 of the BrokerGeneral Terms and Conditions or permitted under the SFO, the Client agrees to give the standing authority to the The Broker to authorize the Broker to deal with the Local Securities Collateral from time to time received or held on shall not without the Client’s behalf in one oral or more written direction or standing authority deposit, transfer, lend, pledge, re-pledge or otherwise deal with any securities of the following ways (inter alia), namely to: (A) apply any of the Local Securities Collateral pursuant to a securities borrowing and lending agreement; 依據證券借貸協議運用任何客戶的本地證券抵押品; (B) deposit any of Local Securities Collateral with an authorized financial institution as collateral for financial accommodation provided to the Broker; or 將任何客戶的本地證券抵押品存放於認可財務機構,作為提供予經紀的財務通融的抵押品;或 (C) deposit any of Local Securities Collateral with (i) a recognized clearing house; or (ii) another intermediary licensed or registered for dealing in securities, as collateral for the discharge and satisfaction of the Broker's settlement obligations and liabilitiesClient. 將任何客於的本地證券抵押品存放於 (i)認可結算所;或 ( ii)另一獲發牌或獲註冊進行證券交易的中介人,作為解除經收紀在交收上的義務和清償經收紀在交收上的法律責任債務的抵押品。 Such authority shall remain valid for a period of twelve (12) months from the approval date of the opening of the Margin Account unless the Client gives not less than seven (7) business days' prior written notice to the Broker to revoke the same at any time, provided that no such revocation shall be effective if there is any indebtedness in the Margin Account. Such standing authority which is not revoked prior to its expiry may be renewed or shall be deemed to have been renewed in accordance with the relevant rules made under the SFO . If the Client requests for revocation of such standing authority or the standing authority has not been renewed by the Client whom the Broker called upon to do so, the Broker reserves the right to terminate this Agreement and operations of the Margin Account and then the Client shall forthwith settle any indebtedness owing to the Broker. 除非客戶於任何時候給予經紀不少於七 (7)個營業日的書面通知撤銷有關授權,此項授權由保證金帳戶的授權開戶開始起計十二 ( 12)個月內有效;但假若保證金帳戶中的債項仍未解除,則該項撤銷將為無效。在有效期屆滿前沒有被撤銷的此項常設授權,可按照《證券及期貨條例》下的有關規則予以續期或當作已續期。倘若客戶要求撤銷有關授權,或經紀要求續期時,客戶沒有將常設授權加以續期時,經紀保留權利終止本協議及保證金帳戶的運作,而客戶必須立即清還欠經紀的債務除本附加條款第 2.8 條及㇐般條款中第 3.2 條、第 7.2 條及第 8 條內所說明或《證券及期貨條例》所容許,經紀在未有獲得客戶作出之口頭或書面指示或常設授權前不得將客戶的任何證券存放、轉移、借出、質押、再質押或為任何其他目的以其他方式處理4.9 2.10. Subject to the provisions of the SFO, the Client agrees that the Broker is entitled to retain for its own benefit and not accountable to the Client for any fee, income, rebate or other benefits resulting from any lending or deposit of the securities of the Client held in the Account with any third party for any purpose by the Broker.. 《證券及期貨條例》容許的情況下,客戶同意經紀有權為其本身的益處保留及無須向客戶交代源自任何經紀向第三者為任何目的借出或存放客戶的證券所獲取的任何收費、收入、回佣或其他利益。 2.11. The Client Account shall not be entitled to any dividends or other distributions in benefits accrued in respect of any Securities deposited with the Broker which are registered in street name. 就待轉名而於經紀寄存之任何證券而言,客戶之帳戶無權收取任何應計股息或其他實物分派。 PART VI - ADDITIONAL TERMS FOR NEW LISTING OF SECURITIES

Appears in 1 contract

Samples: Client Services Agreement

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