Examples of Ultra Vires Transaction in a sentence
In circumstances where the Custodian determines that there is a violation of Investment Guidelines by the Investment Manager which is considered an Ultra Vires Transaction or there is a dispute over such Ultra Vires Transaction, the Custodian will issue an Ultra Vires Transaction notice in writing or by electronic transmission, stating clearly the facts, reasons and details of the Ultra Vires Transaction, to the Bureau and the Investment Manager.
After completing the handling of the Ultra Vires Transaction, the Investment Manager shall notify the Bureau and Custodian in writing in regard to the handling results of Ultra Vires Transaction within five (5) business days and disclose the facts and handling results of Ultra Vires Transaction in the monthly statement of the applicable month.
The domestic shares held by shareholders of the Company which are permitted to be listed and traded overseas shall be converted to overseas listed shares.
For securities-related products transaction, the Investment Agent shall remit account payable for the transaction considered by Party B as the Ultra Vires Transaction to the custodial account, for Party B to handle follow-up payment of margins or clearance and settlement.
The custodian institution shall promptly carry out the settlement accordingly within the scope of the funds and certificates of discretionary investment assets that could be utilized after the custodian institution confirms that there is no Ultra Vires Transaction after checking relevant settlement vouchers.
If Party B does not handle the Ultra Vires Transaction in accordance with provisions of this Article, which results in the failure of the custodian institution to complete the settlement, follow-up payment of margins or clearance and settlement, any liability arising therefrom shall be borne by Party B to the trading counterparties.
In the event Party A determines that there is an Ultra Vires Transaction on the detailed list of futures trading referred to in paragraph 2 or there is a dispute over such Ultra Vires Transaction, Party A shall immediately issue an Ultra Vires Transaction notice, stating clearly the facts, reasons and details of the Ultra Vires Transaction, to notify Party B, the Trading Counterparty and SITCA respectively.
If it is confirmed or determined by a final and definite arbitration award or judgment that the Ultra Vires Transaction is resulted from the mistake of Party A or Party B or other events that could be obviously attributable to Party A or Party B, Party A or Party B shall return the profits obtained therefrom plus interest to the party who suffers damage, and shall be responsible for compensation for damage, if any.
The relevant contracts entered into between Party B (on behalf of Party A) and the securities firm or other Trading Counterparties shall state clearly that the Investment Agent shall be responsible for settlement, performance of obligations, follow-up payment of margins, clearance and settlement and duties for breach of the contract arising from the Ultra Vires Transaction provided in this Article and Party A shall have no responsibility thereto.
If Party B is unable to timely notify Party A or to receive the written instruction of Party A in time, and such dispute cannot be solved through a timely negotiation, Party B shall issue Ultra Vires Transaction notices for the ultra vires portion, stating clearly the facts, reason and the details of the Ultra Vires Transaction, to Party A, the Investment Agent and the Trading Counterparties, respectively, before 11:00 AM of the next business day of the transaction day, and notify SITCA as well.