浅白语言统一现金客户协议书
发布时间:2019-08-05 07:55:15
服务及/其他任何部份或内容可能会遭擅自接入、擅行改动、修改或变更而可能导致资料被操控、非法使用、盗用或遗失资料,包括本人/吾等之个人资料。
13.本人/吾等确认本人/吾等已阅读本补充协议之条款及条件,并以本人/吾等明白之语言完全解释本补充协议之内容,本人/吾等接纳本补充协议之条款及条件。
14.除本补充协议所述者外,协议内容所有条款及条件应具全面效力及生效。协议所指之所有「本协议」乃指本补充协议所补充之协议(由本补充协议日期起生效)。
客户(签字):_________ 董事(签字):_________
_________年____月____日 _________年____月____日
To:_________
I /We _________ request that you to operate a cash securities trading account (the "Account") for me /us on the following terms and conditions:
1. The Account
(1)I /We confirm that the information provided in the Account Opening Information Form is complete and accurate. I /We will inform you of any changes to that information. You are authorized to conduct credit enquiries on me /us to verify the information provided.
(2)You will keep information relating to my /our Account confidential, but may provide any such information to the Exchange and the SFC to comply with their requirements or request for information.
2. Law and rules
All transactions in securities which you effect on my /our instructions ("Transactions") shall be effected in accordance with all laws, rules and regulatory directions applying to you. This includes the rules of the Exchange and of a the Hong Kong Securities Clearing Company Limited (the "Clearing House"). All actions taken by you in accordance with such laws, rules and directions shall be binding on me /us.
3. Transactions
(1)You will act as my /our agent in effecting Transactions unless you indicate (in the contract note for the relevant Transaction or otherwise) that you are acting as principal.
(2)I /We will notify you when a sale order relates to securities which I /We do not own i.e. involves short selling.
(3)On all Transactions, I /We will pay your commissions and charges, as notified to me /us, as well as applicable levies imposed by the Exchange,and all applicable stamp duties. You may deduct such commissions, charges, levies and duties from the Account.
(4)Unless otherwise agreed, in respect of each Transaction, unless you are already holding cash or securities on my /our behalf to settle the Transaction, I /We will pay you cleared funds or deliver to you securities in deliverable form or otherwise ensure that you have received such funds or securities by such time as you have notified me /us in relation to that Transaction. If I /We fail to do so, you may: in the case of a purchase Transaction, sell the purchased securities and in the case of a sale Transaction, borrow and /or purchase securities in order to settle the Transaction.
(5)I /We will responsible to you for any losses and expenses resulting from my /our settlement failures.
(6)I /We agree to pay interest on all overdue balances (including interest arising after a judgment debt is obtained against me /us ) at such rates and on such other terms as you have notified me /us from time to time.
(7)In the case of a purchase Transaction, if the selling broker fails to deliver on the settlement date and you have to purchase securities to settle the Transaction, I /We shall not be responsible to you for the costs of such purchase.
4. Safekeeping of securities
(1)Any securities which are held by you for safekeeping may, at your discretion:(in the case of registrable securities) be registered in my /our name or in the name of your nominee; or be deposited in safe custody in a designated account with your bankers or with any other institution which provides facilities for the safe custody of documents. In the case of securities in Hong Kong, such institution shall be acceptable to the SFC as a provider of safe custody services.
(2)Where securities are not registered in my /our name, any dividends or other benefits arising in respect of such securities shall, when received by you, be credited to my /our Account or paid or transferred to me /us, as agreed with you. Where the securities form part of a larger holding of identical securities held for your clients, I /We shall be entitled to the same share of the benefits arising on the holding as my /our share of the total holding.
(3)You do not have my/our written authority under section 81(3) of the Securities Ordinance to :deposit any of my/our securities with a banking institution as collateral for an advance or loan made to you, or with the Clearing House as collateral for the discharge of your obligations under the clearing system borrow or lend any of my/our securities otherwise part with possession (except to me /us or on my/our instructions) of any of my/our securities for any purpose.
5. Cash held for me /us
Any cash held for me /us, other than cash received by you in respect of Transactions and which is on-paid for settlement purposes or to me /us, shall be credited to a client trust account maintained with a licensed bank as required by applicable laws from time to time.
6. Risk Disclosure Statement
I /We acknowledge that the price of securities can and does fluctuate, and any individual security may experience upwards or downwards movements, and may even become valueless. There is an inherent risk that losses may be incurred rather than profit made as a result of buying and selling securities. I /We also acknowledge that there may be risks in leaving securities in your safekeeping. For example, if you are holding my /our securities and you become insolvent, I /We may experience significant delay in recovering the securities. These are risks that I /We are prepared to accept.
7. General
(1)All securities held for my /our Account shall be subject to a general lien in your favour, for the performance of my /our obligations to you arising in respect of dealing in securities for me /us.
(2)If you fail to meet your obligations to me /us pursuant to this Agreement, I /We shall have a right to claim under the Compensation Fund established under the Securities Ordinance, subject to the terms of the Compensation Fund from time to time.
(3)You will notify me /us of material changes in respect of your business which may affect the services you provide to me /us.
(4)I /We confirm that I /We have read and agree to the terms of this Agreement, which have been explained to me /us in a language that I /We understand.
(5)This Agreement is governed by, and may be enforced in accordance with, the laws of the Special Administrative Region of Hong Kong.
Signed by _________ In the presence of _________
Date:_________ Date:_________