HANG SENG BANK LIMITED
INTEGRATED ACCOUNT
TERMS AND CONDITIONS |
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PART
II
TERMS AND CONDITIONS FOR ACCOUNTS AND RELATED SERVICES |
1. |
All
Accounts |
1.01 |
The
Bank is entitled to prescribe: |
(a) |
minimum and maximum
amounts or balances in respect of the opening, operation and closing of
accounts; |
(b) |
minimum balances
required before interest becomes payable on interest-bearing accounts; |
(c) |
charges and
commissions payable in respect of the operation of accounts (including,
without limitation, any account carrying an unclaimed balance which has
been transferred to the Bank's unclaimed balance account); and |
(d) |
the available periods
in the case of term deposit accounts. |
1.02 |
All
payments or credits against monetary instruments are conditional on collection
and, if effected prior to collection, shall be reimbursed on demand or
reversed immediately in the absence of collection. |
1.03 |
Withdrawals
from any account shall be made by the Customer by Instructions given in
such form as the Bank may reasonably prescribe. The Customer may withdraw
by cheques if a cheque book has been issued by the Bank for the relevant
account. Withdrawal of foreign currency deposit is subject to the Bank's
receipt of prior notice of at least 2 business days (excluding Saturdays
and bank holidays in Hong Kong or in the country/region where the relevant
foreign currency is issued). |
1.04 |
Deposits
are non-transferable and non-negotiable. |
1.05 |
Alterations
to financial instruments presented to the Bank will not be accepted unless
they are authenticated by the signature of the drawer. |
1.06 |
Cheques
presented (whether by the Customer or by someone other than the Customer)
shall be paid at any branch unless otherwise specified by the Bank. |
1.07 |
An
inward remittance (whether in Hong Kong dollars or in any other currencies)
to an account may not be credited to the account on the same day if the
related payment advice is not received by the Bank before the relevant
cut-off times specified by the Bank from time to time. No interest will
accrue on any inward remittance before the funds are actually credited
into the account. |
1.08 |
Interest
on interest-bearing accounts shall accrue from day-to-day at such rates
as the Bank shall publish and/or display and/or quote in the case of Hong
Kong dollar savings account and, otherwise, at such rates as the Bank
shall determine. Interest accrued (rounded downward to the nearest 5 cents)
shall be credited to the account at such intervals as the Bank may decide
or as may be agreed with the Customer. The last day shall be excluded
in calculating interest accrued on closing an account. |
1.09 |
The
Bank is entitled to prescribe the foreign currencies in which an account
may be denominated and the method of payment in respect of a foreign currency
account. |
1.10 |
Any
request for cancellation or reversal of Instructions for payment is subject
to the consent of the Bank and such conditions as the Bank may reasonably
prescribe. |
1.11 |
The
Bank shall be entitled to close an account if it considers that the account
has not been satisfactorily operated or maintained. |
1.12 |
Any
unclaimed balance on a closed account may be transferred by the Bank to
the Bank's non-interest bearing unclaimed balance account. |
1.13 |
Any
specific terms agreed between the Bank and the Customer in respect of
any transaction shall prevail if they are inconsistent with these Terms
and Conditions. |
2. |
Current
Accounts |
2.01 |
The
Bank shall be entitled to pay or reject a cheque which would cause a current
account to be overdrawn and, if the Bank permits an overdraft, the Customer
shall repay the amount overdrawn on the Bank's demand with interest. |
2.02 |
The
Customer agrees that cheques drawn by the Customer which have been paid
may, after having been recorded in electronic form, be retained by the
collecting bank or Hong Kong Interbank Clearing Limited for such period
specified in the rules relating to the operation of the clearing house
and they may be destroyed by the collecting bank or Hong Kong Interbank
Clearing Limited after such period. The Customer authorizes the Bank to
contract with collecting banks and Hong Kong Interbank Clearing Limited
for such purposes. |
3. |
Term
and Swap Deposits |
3.01 |
Interest
is calculated up to but excluding the maturity date. Interest is payable
only on the maturity date but, in the case of a deposit of 15 months or
more, may be paid at agreed intervals. |
3.02 |
Interest
on a time deposit is fixed for the entire deposit period. Interest on
a call deposit will be simple interest accruing from day to day at the
call rate specified by the Bank on a daily basis. |
3.03 |
Where
Instructions for automatic renewals of a deposit are given, the interest
rate applicable to the relevant type of deposit prevailing on the maturity
date will be the rate for the renewal. In the absence of renewal Instructions,
the Bank may pay interest on the deposit after maturity at such rate as
it specifies. |
3.04 |
At
the request of the Customer, the Bank may at its discretion allow a pre-mature
withdrawal of a deposit before the due date. In such an instance, the
Bank reserves the right not to pay interest on the deposit. The Bank furthermore
reserves the right to recover a handling charge and additional cost (if
any) of obtaining funds in the market for the remaining period of deposit,
and to recover the loss of the Bank if there is a lack of funds in the
market. |
3.05 |
If
a Hong Kong dollar deposit matures on a day which is not a Business Day,
the deposit shall be payable on the next Business Day and interest shall
be paid up to but excluding that day. |
3.06 |
If
a foreign currency deposit matures on a day on which banks in either the
country of the relevant foreign currency or in Hong Kong are not open
to the general public for business, the deposit shall be payable on the
next succeeding day on which all such banks are so open and interest shall
be paid up to but excluding that day. |
3.07 |
Swap
deposits are denominated in United States dollar but payable in Hong Kong
dollar and are accepted subject to the Customer signing a foreign exchange
contract in the form prescribed by the Bank and to the following terms: |
(a) |
the Bank sells
United States dollar at the prevailing spot rate on the day when the deposit
is placed; |
(b) |
the Bank buys United
States dollar on the day when the deposit matures at the forward purchase
rate prevailing on the day when the deposit is placed; |
(c) |
in the absence
of maturity Instructions, a swap deposit will be rolled over automatically
on maturity as a Hong Kong dollar 24 hours call deposit. |
4. |
Autosweeping
Service |
4.01 |
The
Bank shall determine the Debit Balance at the Cut-off Time on every Business
Day. If the Debit Balance does not exceed the Fixed Sum and: |
(a) |
at the Transfer
Time on the next Business Day, the amount of available cleared funds in
the Savings Account reaches or exceeds the Prescribed Sum, then the Bank
shall (at the Transfer Time on the next Business Day) automatically transfer
the Prescribed Sum from the Savings Account to the Current Account; or |
(b) |
at the Transfer
Time on the next Business Day, the amount of available cleared funds in
the Savings Account reaches or exceeds the Debit Balance but does not
reach or exceed the Prescribed Sum, then the Bank shall (at the Transfer
time on the next Business Day) automatically transfer an amount equivalent
to the Debit Balance from the Savings Account to the Current Account. |
4.02 |
For
the avoidance of doubt, if the conditions set out in Clause 4.01 of this
Part is not fulfilled, the Bank shall not effect the transfer pursuant
to Clause 4.01 of this Part. |
4.03 |
Notwithstanding
the automatic transfer effected by the Bank pursuant to Clause 4.01 of
this Part, interest shall accrue on the Debit Balance from the date the
Current Account was overdrawn to the date of full repayment thereof at
the same rate(s) as applicable to the OD Protection and/or any unauthorized
overdraft (as the case may be). |
4.04 |
The
Customer acknowledges and agrees that it is his duty from time to time
to monitor and maintain sufficient available cleared funds in the Savings
Account to enable all applicable Instructions, obligations and liabilities
on the Savings Account owed to the Bank or any third party (including
any autopay or direct debit authorization) to be met and/or discharged
taking account of any automatic transfers which may be effected by the
Bank from time to time pursuant to the Autosweeping Service. |
4.05 |
The
Bank shall not assume any liability or responsibility to the Customer
or any third party for checking or matching any applicable Instructions,
obligations and liabilities of the Customer owed to the Bank or any third
party on the Savings Account, or for the consequences arising out of or
in connection with the provision of the Autosweeping Service including
any loss or damage suffered by the Customer or any third party resulting
from the lack or insufficiency of funds in the Savings Account to meet
and/or discharge any applicable Instructions, obligations or liabilities
on the Savings Account. |
5. |
Direct
Debit Authorization |
5.01 |
The
Customer may give Instruction to the Bank from time to time instructing
the Bank to set up direct debit authorization for effecting transfers
from the Customer's account to that of any designated beneficiary in accordance
with instructions received by the Bank from the designated beneficiary
and/or its banker from time to time provided always that the amount of
any transfer shall not exceed the limit specified by the Customer. |
5.02 |
The
Customer agrees that the Bank shall not be obliged to ascertain whether
or not notice of any transfer has been given to the Customer. |
5.03 |
The
Customer accepts full responsibility for any overdraft (or increase in
existing overdraft) on the Customer's account which may arise as a result
of any transfer. |
5.04 |
The
Customer agrees that should there be insufficient cleared funds in the
Customer's account to meet any transfer, the Bank shall be entitled in
its discretion, not to effect such transfer but to charge the usual fees
and charges prescribed by the Bank and, where the Bank has reasonable
grounds for doing so, cancel the relevant direct debit authorization. |
5.05 |
The
direct debit authorization shall remain in effect until any expiry date
specified by the Customer or cancelled or varied by the Bank or the Customer
pursuant to these Terms and Conditions. |
5.06 |
The
Customer agrees that any Instruction to cancel or vary any direct debit
authorization shall be given at least three Business Days prior to the
date on which such cancellation or variation takes effect. |
5.07 |
The
Customer agrees that the Bank may cancel any direct debit authorization
without giving any notice to the Customer or any other person if no transfer
has been effected pursuant to the direct debit authorization for more
than two years. |
5.08 |
The
Customer agrees to specify clearly the information and particulars which
the Bank may require for setting up any direct debit authorization. |
6. |
Payment
Orders |
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6.01 |
Any
demand draft or cashier order issued by the Bank according to an Instruction
shall be sent to the Customer at the last address of the Customer registered
by the Bank by registered post unless the Customer specifically requests
to collect it personally or by an Authorized Person. In each case, the
demand draft or cashier order shall be sent at the Customer's cost and
risk. |
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6.02 |
Any
request for amendment, stop-payment, cancellation or refund of a demand
draft or cashier order is subject to the Bank's consent and such conditions
as the Bank may reasonably prescribe. |
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6.03 |
The
Bank is not under any obligation to notify any person upon receipt of
a stop-payment request or notice of loss in respect of a demand draft
or cashier order. |
7. |
Certificates
of Deposit |
7.01 |
The
Bank may offer CDs pursuant to CD programmes or in any other manner from
time to time. |
7.02 |
The
Bank has the right, in respect of each CD issue, to: |
(a) |
cancel the issuance
of all or any tranches on or before the issue date; |
(b) |
extend or shorten
the subscription period; |
(c) |
determine the total
issue amount; |
(d) |
allot any issue
amount to the Customer which may be less than the amount applied for by
the Customer taking account of the total issue amount, the total amount
applied for by all applicants and other relevant circumstances, and to
refund the balance of the application amount to the Customer without interest
as soon as reasonably practicable; |
(e) |
specify or vary
any time and date on or before which application amounts shall be paid
to the Bank; |
(f) |
specify the form
and denomination of the CD; and |
(g) |
redeem all or any
tranches of in whole or in part on any interest payment date in accordance
with the applicable terms and conditions governing such CD issue. |
7.03 |
The
Customer authorizes the Bank to debit from any of his accounts with the
Bank the full application amount in respect of any CD issue together with
all fees, charges and expenses at any time after the Bank receives the
Customer's application or at such other time agreed by the Customer
and the Bank. |
7.04 |
The
Customer authorizes the Bank to open a Sub-account for CD for the purpose
of holding any CD allotted by the Bank to the Customer from time to time. |
7.05 |
The
terms of each CD agreed by the Customer and the Bank shall together with
the offering document of the relevant CD programme, this Clause 7 and
the other applicable provisions of these Terms and Conditions form one
single agreement between the Customer and the Bank which governs such
CD. In case of any inconsistency, the terms shall prevail, insofar as
such CD is concerned, in the following order: (i) the terms agreed by
the Customer and the Bank, (ii) the offering document of the relevant
CD programme, (iii) this Clause 7 and (iv) the other applicable provisions
of these Terms and Conditions. |
7.06 |
Interest
on a CD shall be calculated up to but excluding the maturity date on the
basis of the actual number of days elapsed during the deposit period at
such rate and payable at such intervals as the Customer and the Bank may
agree. |
7.07 |
Unless
otherwise specified by the Bank, the obligations represented by a CD constitute
direct, unsecured and unsubordinated obligations of the Bank ranking pari
passu with all other unsecured and unsubordinated obligations of the Bank
except any obligations which may be preferred by mandatory provisions
of any applicable law. |
7.08 |
The
Customer does not have the right to terminate or redeem any CD before
its maturity date. |
7.09 |
The
offering document of each CD programme shall be available for inspection
during the subscription period upon request. |
7.10 |
There
may not be a secondary market for trading any CD issued by the Bank. Where
there is a secondary market, the market price of a CD may fluctuate due
to changes in market conditions (including movements in prevailing interest
rates, changes in the perceived credit standing of the Bank or in the
market for any similar deposits or instruments), and may therefore be
higher or lower than the original issue price of the CD. Selling the CD
in the secondary market instead of holding it to maturity may result in
a loss. The Customer should carefully consider whether subscribing or
purchasing a CD is suitable in light of the Customer's financial
position and investment objectives. The Bank has no obligation to quote
a price for any CD to enable the Customer to sell his CD to the Bank before
its maturity. Even where a price is quoted by the Bank, it may due to
market conditions be substantially lower than the price initially paid
by the Customer for the CD. |
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