HANG SENG BANK LIMITED
INTEGRATED ACCOUNT
TERMS AND CONDITIONS |
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PART
VI
TERMS AND CONDITIONS FOR SHARE MARGIN SERVICES |
1. |
Share
Margin Services |
1.01 |
The
Bank may, but is not obliged to, provide the Share Margin Services to
the Customer subject to the provisions of this Part and the provisions
of these Terms and Conditions, including without limitation, Part V on
the basis that the Share Margin Services constitute the Services to which
those provisions apply. |
1.02 |
For
the purposes of the Share Margin Services, the Customer instructs the
Bank to maintain and operate the Share Margin Account and the Share Margin
Settlement Account in accordance with the provisions of this Part and
other applicable provisions of these Terms and Conditions. No cheque books
will be issued and no direct debit instructions, autopay or standing instructions
will be accepted by the Bank in respect of the Share Margin Settlement
Account. Funds standing to the credit of the Share Margin Settlement Account
shall not constitute Secured Assets. |
1.03 |
For
the avoidance of doubt, only cleared funds deposited into and available
in the Share Margin Settlement Account shall be taken into account in
determining the Loan, the LTL Ratio, the LTV Ratio and whether the Customer
has satisfied the margin requirement under Clause 4 of this Part, notwithstanding
any other deposit or cash account maintained by the Customer with the
Bank. |
1.04 |
(a) |
Upon
receipt of an Instruction to purchase or subscribe for securities, the
Bank will inform the Customer as soon as reasonably practicable whether
the relevant securities are Ineligible Securities, in which case the Bank
may refuse to finance such purchase or subscription. In all other cases,
the Bank will inform the Customer the Margin Ratio of each of the relevant
securities. Subject to Clause 4 of this Part, an Instruction to purchase
or subscribe for securities may only be acted on by the Bank if at the
time of execution of the Instruction, if: |
(i) |
the Loan does not
exceed the Maximum Facility Amount; and |
(ii) |
the aggregate of
: (x) the cleared funds available in the Share Margin Settlement Account
and (y) the unutilised Margin Lending Facility exceeds the amount calculated
in accordance with the following formula:
Purchase Price x (1 - Margin Ratio) + Expenses |
(b) |
For
the purposes of this Part:
"Expenses" means all charges and expenses to be incurred in connection
with the purchase or subscription of the relevant securities in accordance
with an Instruction including, without limitation, stamp duties, brokerages,
commissions and exchange levies; and
"Purchase Price" means the price for purchasing or subscribing for the
relevant securities in accordance with an Instruction. |
(c) |
Whenever
the credit balance of the Share Margin Settlement Account is insufficient
to discharge payment by the Customer of the Purchase Price as at the settlement
date (as shown on the contract note) customarily set by the relevant stock
exchange on which such securities are traded, an advance under the Margin
Lending Facility shall be made by the Bank to the Customer in respect
of the shortfall provided that no advance shall be made if it will cause
the Maximum Facility Amount to be exceeded. |
1.05 |
The
Customer irrevocably authorizes and instructs the Bank to debit the Share
Margin Settlement Account with: |
(a) |
the
Purchase Price, the Expenses and all advances under the Margin Lending
Facility (including all such amounts required by the Bank for purchasing
or subscribing for securities on behalf of the Customer) together with
all interest thereon; |
(b) |
all
transaction commissions and custodian fees and all other moneys and sums
payable to the Bank or the Bank's nominee from time to time in connection
with the Share Margin Services; and |
(c) |
all
out-of-pocket expenses of reasonable amount and reasonably incurred by
the Bank on behalf of the Customer whether in connection with any Transaction,
the Share Margin Account, the Charged Securities or otherwise pursuant
to the provisions of this Part. |
1.06 |
(a) |
The
Bank may, but is not obliged to, make an advance to the Customer under
the Margin Lending Facility to enable the Customer to take up a rights
issue by subscribing for the relevant securities. |
(b) |
All
securities allotted pursuant to a rights issue taken up by or on behalf
of the Customer (but excluding those which the Customer has renounced
in favour of the Bank) shall be deposited into the Share Margin Account. |
1.07 |
The
Customer authorizes and instructs the Bank to: |
(a) |
credit
the Share Margin Settlement Account with a pro-rata share of any dividends
or other distributions or benefits received by the Bank's nominee as is
attributable to the securities held on behalf of the Customer in the Share
Margin Account; and |
(b) |
debit
the Share Margin Settlement Account with a pro-rata share of any loss
suffered by the Bank or the Bank's nominee as is attributable to the securities
held on behalf of the Customer in the Share Margin Account. |
1.08 |
The
proceeds of sale or disposal of any securities pursuant to an Instruction
shall, after deducting all stamp duties, brokerages, commissions, exchange
levies, and other fees and reasonable expenses in connection with such
sale or disposal, be credited into the Share Margin Settlement Account
and be applied towards payment and discharge of the Loan in whole or in
part. |
2. |
Limit
of the Margin Lending Facility |
2.01 |
The
Bank may, at its discretion, grant to the Customer on the Share Margin
Settlement Account the Margin Lending Facility up to the Maximum Facility
Amount. |
2.02 |
The
Bank reserves the right, at any time by notice to the Customer, to modify
the facility limit, to cancel or terminate the Margin Lending Facility
and to demand immediate payment of all moneys and sums, whether principal,
interest or otherwise, then due or owing from the Customer in respect
of the Margin Lending Facility or otherwise under the provisions of this
Part. Further, the Bank may at any time refuse to make available to the
Customer any advance under the Margin Lending Facility notwithstanding
that the facility limit applicable for the time being has not been exceeded.
Unless otherwise agreed with the Customer, the Bank will normally refuse
to finance the purchase of any Ineligible Securities. |
2.03 |
No
advance under the Margin Lending Facility will be made if it will cause
the Loan to exceed the Maximum Facility Amount. Whenever the Loan exceeds
the Maximum Facility Amount, the Customer shall pay to the Bank at the
Bank's election either a fee in respect of the excess Margin Lending Facility
amount at such rate prescribed by the Bank from time to time, or interest
on the excess portion of the Margin Lending Facility at such rate as the
Bank may stipulate from time to time. At any time when the Loan exceeds
the Maximum Facility Amount, any subsequent deposit(s) or transfer(s)
of cash or funds into the Share Margin Settlement Account, whether for
purchase or subscription of securities or other purposes, shall first
be applied in reduction of the Loan until the Loan no longer exceeds the
Maximum Facility Amount. |
2.04 |
Any
one or more advances under the Margin Lending Facility shall, on repayment,
be available to be re-borrowed (in whole or in part) by the Customer provided
that: |
(a) |
the
re-borrowing shall not cause the Loan to exceed the Maximum Facility Amount;
and |
(b) |
the
Margin Lending Facility has not been cancelled or terminated by the Bank. |
|
2.05 |
Where
any subscription of new securities by the Customer is financed by the
Bank and the Customer or the Bank receives refund of the subscription
amount in whole or in part, the Customer or the Bank (as appropriate)
shall deposit such refund into the Share Margin Settlement Account as
soon as reasonably practicable upon receipt in reduction of the Loan.
Where any such refund is received by the Bank's nominee, the Bank is entitled
to direct its nominee to deposit such refund into the Share Margin Settlement
Account as soon as reasonably practicable upon receipt in reduction of
the Loan. |
3. |
Security
to the Bank |
3.01 |
(a) |
In
consideration of the Bank granting or continuing to make available the
Margin Lending Facility to the Customer, the Customer, as beneficial owner
charges, pledges and assigns to the Bank all and any securities in the
Share Margin Account from time to time (including, without limitation,
any further securities deposited with the Bank pursuant to any Margin
Call or otherwise), whether registered in the name of the Customer or
any nominee of the Bank or any central clearing system or depository,
together with all rights and benefits attaching or accruing to such securities,
as a continuing security for the punctual payment to the Bank on the respective
due dates of the Indebtedness, all amounts outstanding under the Margin
Lending Facility and all other moneys and sums due or owing from the Customer
to the Bank from time to time pursuant to the provisions of this Part,
and for the performance of all the obligations of the Customer from time
to time under the provisions of this Part. |
(b) |
If
at any time the Margin Ratio of any specific securities comprised in the
Charged Securities shall be re-determined by the Bank to be zero, such
securities shall become Ineligible Securities but shall remain as Charged
Securities. Such Ineligible Securities shall be excluded from the calculation
of the Security Value and the Maximum Facility Amount as a result of which
the Bank may exercise its rights under Clause 4 of this Part. |
3.02 |
The
Customer irrevocably authorizes the Bank to hold the Charged Securities
in the name of the Bank's nominee and to do and execute any and all acts
or things and documents necessary to transfer, complete and/or vest the
title to any of the Charged Securities to the Bank's nominee and to perfect
the security over the Charged Securities. |
3.03 |
All
dividends, interests, income, payments or other distributions received
by the Bank or its nominee in respect of the Charged Securities shall
be credited into the Share Margin Settlement Account. Notwithstanding
any Instruction of the Customer to apply any funds in the Share Margin
Settlement Account, the Bank is entitled to withhold and apply any funds
standing to the credit of the Share Margin Settlement Account to the extent
necessary to secure repayment of the Loan, payment of any sum due or owing
to the Bank under the provisions of this Part and performance by the Customer
of its obligations under the provisions of this Part, including without
limitation, to satisfy any Margin Call. |
3.04 |
The
Bank may, at any time and without notice to the Customer, open new Sub-accounts
for the Customer and deposit any securities into such new Sub-accounts
as it may from time to time consider appropriate. For the avoidance of
doubt, all such securities shall continue to constitute Charged Securities. |
3.05 |
The
security given by the Customer to the Bank over the Charged Securities
shall be in addition to, shall not be affected by and may be enforced
by the Bank without prejudice to any guarantee, indemnity or other collateral
security or any other power, right or remedy at any time held by or available
to the Bank in respect of the Indebtedness or the Margin Lending Facility
or the obligations of the Customer under the provisions of this Part.
Such security shall be a continuing security notwithstanding the death,
bankruptcy, liquidation, winding-up, incapacity or any change in the constitution
of the Customer, or any intermediate or partial payment or settlement
of account or satisfaction in whole or in part of all or any amounts outstanding
in respect of the Indebtedness or the Margin Lending Facility or of any
obligations of the Customer under the provisions of this Part. Any restriction
on the right of consolidating securities shall not apply to any security
over the Charged Securities in favour of the Bank. |
4. |
Margin
Cover |
4.01 |
The
Customer covenants with the Bank that he shall at all times maintain (i)
the Loan within the Maximum Facility Amount and (ii) the Applicable Margin
Call Ratio to such level determined by the Bank to be satisfactory. |
4.02 |
(a) |
The
Bank will monitor and determine the Security Value on a real time valuation
basis based upon the information supplied by the relevant stock exchange
and the prevailing exchange rates for the relevant currencies and update
the Customer's position in respect of the Share Margin Account
and the Share Margin Settlement Account at such times of a day as the
Bank considers appropriate. If at any time the Bank determines that the
Loan exceeds the Maximum Facility Amount and/or the Applicable Margin
Call Ratio reaches or exceeds the Top-Up Percentage (notwithstanding that
such determination is caused by the Bank's records not reflecting
the latest transactions in respect of the Share Margin Account and/or
Share Margin Settlement Account due to the processing time required for
updating the Bank's records and/or for clearing of funds, cheques
or securities deposited into the Share Margin Account and/or Share Margin
Settlement Account), the Bank may (but is not obliged to) refuse to act
on any Instruction given by or on behalf of the Customer and shall have
the right (but shall not be obliged) to give the Customer notice of a
margin call (a iMargin Calli). The Customer should satisfy the Margin
Call as soon as reasonably practicable so that the Loan shall fall below
the Maximum Facility Amount and/or the Applicable Margin Call Ratio shall
be maintained below the Top-up Percentage by depositing cash or immediately
available cleared funds into the Share Margin Settlement Account and/or
increasing the Security Value by depositing into the Share Margin Account
and charging in the Bank's favour such additional securities acceptable
to the Bank and/or by such other means acceptable to the Bank, so as to
reduce the Loan or increase the Security Value. |
(b) |
Where
additional securities are deposited to meet Margin Calls (i) through the
Central Clearing and Settlement System operated by the Hong Kong Securities
Clearing Company Limited, the Security Value of such securities shall
be taken into account immediately on successful electronic transfer to
the Bank or its nominee on the settlement date or (ii) by physical delivery
of the share certificates to the Bank or its nominee, the Security Value
of such securities shall not be taken into account until re-registration
of such securities in the name of the Bank or its nominee has been completed
(which normally takes ten Trading Days). |
(c) |
For
the avoidance of doubt, (i) the Bank may make more than one Margin Call
on the same day; and (ii) a Margin Call does not constitute a demand on
the Customer for repayment of the Loan or the Indebtedness but the Bank's
reminder to the Customer to take the necessary actions so as to avoid
or minimize his position being liquidated by the Bank. If the Customer
fails to meet a Margin Call, he has to bear the risk of having his position
liquidated by the Bank in accordance with the provisions of this Clause
4. |
(d) |
Without
prejudice and in addition to any Margin Call, the Bank may from time to
time notify the Customer of the Applicable Margin Call Ratio and, in particular,
when the Applicable Margin Call Ratio exceeds certain percentages. However,
the Bank shall be entitled to exercise its rights under Clause 4.04 of
this Part or any other rights under this Part without giving such notification
to the Customer. |
4.03 |
Between
the time a Margin Call is made and the time when the Bank has knowledge
of such Margin Call having been satisfied, the Bank is entitled to exercise
any of its rights under Clause 3 of this Part without notice to the Customer,
and the Bank is not required to carry out any Instruction of the Customer
in relation to any dealing in securities, the Share Margin Account or
the Share Margin Settlement Account. |
4.04 |
(a) |
If
at any time: |
(i) |
the Bank determines
that the Applicable Margin Call Ratio reaches or exceeds the Force-sale
Percentage (notwithstanding that such determination is caused by the Bank's
records not reflecting the latest transactions in respect of the Share
Margin Account and/or Share Margin Settlement Account due to the processing
time required for updating the Bank's records and/or for clearing
of funds, cheques or securities deposited into the Share Margin Account
and/or Share Margin Settlement Account and/or the Bank not being aware
that the Margin Call has been satisfied); or |
(ii) |
the Loan has continuously
exceeded the Maximum Facility Amount for a period of six months or such
other period as may be prescribed by the Bank from time to time; or |
(iii) |
the Bank in good
faith considers that the market conditions are too unstable or unfavourable
or abnormal or are likely to expose investors to unacceptable risk or
heavy losses, |
the
Bank may (but is not obliged to), without demand, notice, legal process
or other action at any time thereafter terminate the Margin Lending Facility
and/or cancel or modify any outstanding Instructions and/or sell, realize,
redeem, liquidate and/or otherwise dispose of, as appropriate, all or
any of the Charged Securities in the relevant market or by private contract,
and on such terms as the Bank thinks fit, free from all trusts, claims,
rights of redemption and equities of the Customer. The Bank's rights
under this Clause shall not be affected by any fluctuations in the Security
Value prior to the time of actual sale, realization, redemption, liquidation
or disposal of the Charged Securities but any proposed exercise of the
Bank's rights under this Clause may be altered or cancelled by
the Bank at any time due to fluctuations in the Security Value. |
(b) |
Any
proceeds resulting from such sale, realization, redemption, liquidation
or disposal shall, at the discretion of the Bank, be deposited in the
Share Margin Settlement Account in reduction of the Loan until the Loan
has been repaid in full or falls below the Maximum Facility Amount and
so that the Applicable Margin Call Ratio falls below the Top-up Percentage.
The Bank has the right to sell, realize, redeem, liquidate or dispose
of all or any of the Charged Securities and such quantity of the Charged
Securities which is more than necessary to reduce the Loan below the Maximum
Facility Amount or to maintain the Applicable Margin Call Ratio below
the Top-up Percentage. The Customer does not have any right or claim against
the Bank in respect of any loss arising out of any actual or proposed
sale, realization, redemption, liquidation or disposal of Charged Securities
or its timing, unless caused by the negligence or willful default of the
Bank, its officers or employees and only to the extent of direct and reasonably
foreseeable loss and damage (if any) arising directly and solely thereform. |
4.05 |
The
Customer acknowledges and agrees that it is his duty from time to time
to monitor and maintain (i) the Loan within the Maximum Facility Amount,
(ii) the Applicable Margin Call Ratio at a level satisfactory to the Bank
and (iii) the margin requirement under Clause 4.02 of this Part, for which
purpose it is his duty to contact the Bank from time to time to ensure
that he is being informed of the Margin Ratio in respect of the Charged
Securities, the Maximum Facility Amount, the Applicable Margin Call Ratio,
Top-up Percentage, the margin requirement and Force-sale Percentage as
applicable from time to time. The Customer acknowledges and agrees
that the Applicable Margin Call Ratio may reach or exceed the Top-up Percentage
or the Force-sale Percentage at any time as a result of, among other things,
fluctuation in the exchange rates of currencies, or the Bank making any
change to the Maximum Facility Amount or any of the ratio or percentage
as above-mentioned with immediate effect irrespective of whether the Customer
is aware of any such fluctuation or change. The Bank shall not be liable
to the Customer for any loss arising out of any sale, realization, redemption,
liquidation or disposal of Charged Securities resulting from the margin
requirement not being satisfied or the Bank not being promptly informed
of satisfaction of any margin requirement, unless caused by the negligence
or willful default of the Bank, its officers or employees and only to
the extent of direct and reasonably foreseeable loss and damage (if any)
arising directly and solely thereform. |
4.06 |
For
the purposes of making a Margin Call, the Bank will normally give notice
of a Margin Call to the Customer by mobile short message and the Customer
shall be deemed to be notified of the Margin Call on transmission of the
mobile short message. The Bank may give notice of a Margin Call to the
Customer in any other means as it considers appropriate in the circumstances. |
5. |
Representations,
Warranties and Undertakings |
5.01
The Customer represents, warrants and undertakes to the Bank: |
(a) |
that
the Customer is the sole beneficial owner (or where the Customer comprises
more than one person, such persons are the sole beneficial owners) of
all securities in the Share Margin Account and has good title to all securities
deposited with the Bank or which he has instructed the Bank to deal on
his behalf free from encumbrances or any third party interest; |
(b) |
that
the Customer has and will maintain beneficial ownership of the Charged
Securities free from encumbrances or any third party interest (except
in favour of the Bank); |
(c) |
that
the security to the Bank under Clause 3 of this Part constitutes and will
continue to constitute the valid and legally binding obligations of the
Customer enforceable in accordance with its terms; |
(d) |
at
all times during which the Loan is outstanding, not to engage the services
of any other broker to sell or otherwise dispose of the securities in
the Share Margin Account and all securities deposited with the Bank without
the prior written consent of the Bank. Such consent will only be granted
if the Applicable Margin Call Ratio shall remain at a satisfactory level
after the sale or disposal of the relevant securities by the other broker; |
(e) |
not
to create or permit to arise any encumbrance or third party rights over
any assets in the Share Margin Account or funds in the Share Margin Settlement
Account or purport so to do, except in the Bank's favour; |
(f) |
at
any time and from time to time, to execute and deliver such further charges,
authorities and other documents as the Bank may from time to time reasonably
require for perfecting its title to or for vesting or enabling the Bank
to vest the full benefit of the security under Clause 3 of this Part in
its favour, for which purposes the Customer hereby irrevocably appoints
the Bank as its lawful attorney, and covenants to ratify and confirm all
documents, acts and things and all transactions entered into by the Bank
in the exercise or purported exercise of its powers under the provisions
of this Part, and the Customer irrevocably acknowledges and agrees that
this power of attorney is, among others, given to secure the performance
of the obligations of the Customer under this Part; and |
(g) |
to
obtain and maintain in full force and effect all governmental and other
approvals, authorities, licences and consents required in connection with
the security to the Bank under Clause 3 of this Part and to do or cause
to be done all other acts and things necessary or desirable for the performance
of all the obligations of the Customer under this Part, or for ratifying
or confirming anything done by the Bank in the performance of its duties
and/ or exercise of its rights or powers under this Part. |
6. |
Suspension
and Termination of Share Margin Services |
6.01 |
Without
prejudice to Clause 16 of Part I: |
(a) |
the
Customer or the Bank may terminate the Share Margin Services and close
the Share Margin Account and/or the Share Margin Settlement Account at
any time by giving not less than 14 days' prior written notice to the
other party; and |
(b) |
the
Bank is entitled (but not obliged) to terminate the Share Margin Services
and close the Share Margin Account and the Share Margin Settlement Account
immediately without notice to the Customer if: |
(i) |
the Customer defaults
in paying to the Bank the Loan or any sums and moneys due and payable
under this Part in the currency and manner specified; |
(ii) |
the Customer commits
any breach of or omit to observe any obligations under this Part which,
in the reasonable opinion of the Bank, amounts to a material default on
the part of the Customer; |
(iii) |
the Customer (being
an individual or partner of a firm) dies or becomes bankrupt; |
(iv) |
a petition for
bankruptcy, winding-up or similar relief is filed against the Customer
either by himself or any other party; |
(v) |
upon the application
for or appointment of a liquidator, receiver, trustee or similar official
over all or a material part of the Customer's undertaking, property or
assets; |
(vi) |
an encumbrancer
takes possession of, or a distress, execution or other process is levied
or enforced against, all or a material part of the Customer's undertaking,
property or assets; |
(vii) |
the Customer is
unable or admits inability to pay his debts as they fall due; |
(viii) |
there is any change
of law which prohibits or renders illegal the maintenance or operation
of the Share Margin Account in whole or in part; |
(ix) |
all the Share Margin
Services or the Margin Lending Facility have been terminated by the Bank
pursuant to the provisions of this Part; or |
(x) |
the Bank's books
and records show a zero balance on the Share Margin Account for a period
of six continuous months or for such shorter period as the Bank may prescribe. |
6.02 |
Upon
termination of the Share Margin Services howsoever arising, the Loan and
all amounts due or owing by the Customer to the Bank under this Part shall
become immediately due and payable. The Bank shall cease to have any obligations
to deal in securities on behalf of the Customer in accordance with the
provisions of this Part, notwithstanding any Instructions from the Customer
to the contrary and the Bank shall immediately cease to have any obligations
to grant the Margin Lending Facility. |
6.03 |
As
soon as and in so far as is practicable upon (i) termination of the Share
Margin Services or (ii) the Customer's default in paying to the Bank any
sum in respect of the Indebtedness, the Bank shall and is authorized by
the Customer to sell, realize, redeem, liquidate or otherwise dispose
of all or part of the Charged Securities for such consideration and in
such manner as the Bank shall consider necessary to satisfy the Loan and
any Indebtedness of the Customer to the Bank, at the Customer's sole risk
and cost but without the Bank incurring any liability for any loss howsoever
arising unless due to the negligence or wilful default of the Bank, its
officers or employees and only to the extent of direct and reasonably
foreseeable loss and damage (if any) arising directly and solely therefrom. |
6.04 |
Any
cash proceeds of such sale, realization, redemption, liquidation or disposal
upon receipt by the Bank shall be credited to the Share Margin Settlement
Account, and thereafter the net credit balance on the Share Margin Settlement
Account (if any) shall be returned to the Customer, after first deducting
or providing for all costs, charges, fees and expenses of reasonable amount
(including legal expenses) reasonably incurred by the Bank in such sale,
realization, redemption, liquidation or disposal, the Loan and all Indebtedness.
Where appropriate, all Charged Securities not realized or disposed of
together with any documents of title in the possession of the Bank or
the Bank's nominee shall be delivered to the Customer at the Customer's
sole risk and expense. |
6.05 |
In
the event of there being a debit balance on the Share Margin Settlement
Account after application of the cash proceeds and deduction of any sums
pursuant to Clause 6.04 of this Part, the Customer shall forthwith pay
to the Bank an amount equal to such debit balance together with the Bank's
cost of funding such amount up to the date of actual receipt of full payment
by the Bank (after as well as before any judgment). |
6.06 |
Notwithstanding
the suspension or termination of all or any of the Share Margin Services,
the Customer shall continue to be bound by the provisions of this Part
to the extent that they relate to any obligations or liabilities of the
Customer which remain to be performed or discharged. |
7. |
Limitation
on Liability |
|
Without
prejudice to any other provisions in these Terms and Conditions, unless
due to the negligence or wilful default of the Bank, its officers or employees
and only to the extent of direct and reasonably foreseeable loss and damage
(if any) arising directly and solely therefrom, the Bank does not assume
any liability or responsibility to the Customer or any third party for
the consequences arising out of or in connection with any change in the
Margin Ratio of any specific securities as determined by the Bank from
time to time leading to any change in the Maximum Facility Amount or the
Security Value or the Applicable Margin Call Ratio which may trigger the
Bank's exercise of any of its rights under Clause 3 or 4 of this
Part. |
8. |
Miscellaneous |
8.01 |
Any
revision or addition to the provisions of this Part made by the Bank in
accordance with Clause 17 of Part I shall be binding on the Customer if
the Customer continues to maintain the Share Margin Account after the
effective date of such revision or addition. |
8.02 |
Without
prejudice to Clause 9 of Part V, the Customer may withdraw any or all
the Securities (other than Charged Securities) deposited by the Customer
with the Bank provided always that: |
(a) |
no
Margin Call has been made which remains to be satisfied; and |
(b) |
the
Applicable Margin Call Ratio can still be maintained at a level satisfactory
to the Bank after any such withdrawal. |
9. |
Risk
Disclosure Statements |
RISK
OF MARGIN TRADING
The risk of loss in financing a transaction by deposit of collateral is
significant. The Customer may sustain losses in excess of his cash and
any other assets deposited as collateral with the licensed or registered
person. Market conditions may make it impossible to execute contingent
orders, such as istop-lossi or istop-limiti orders. The Customer may be
called upon at short notice to make additional margin deposits or interest
payments. If the required margin deposits or interest payments are not
made within the prescribed time, the Customer's collateral may
be liquidated without the Customer's consent. Moreover, the Customer
will remain liable for any resulting deficit in the Customer's
account and the interest charged on the Customer's account. The
Customer should therefore carefully consider whether such a financing
arrangement is suitable in light of his own financial position and investment
objectives. |
RISK
OF TRADING FUTURES AND OPTIONS
The risk of loss in trading futures contracts or options is substantial.
In some circumstances, the Customer may sustain losses in excess of his
initial margin funds. Placing contingent orders, such as istop-lossi or
istoplimiti orders, will not necessarily avoid loss. Market conditions
may make it impossible to execute such orders. The Customer may be called
upon at short notice to deposit additional margin funds. If the required
funds are not provided within the prescribed time, the Customer's
position may be liquidated. The Customer will remain liable for any resulting
deficit in his account. The Customer should therefore study and understand
futures contracts and options before the Customer trades and carefully
consider whether such trading is suitable in the light of his own financial
position and investment objectives. If the Customer trades options the
Customer should inform himself of exercise and expiration procedures and
his rights and obligations upon exercise or expiry. |
ADDITIONAL
RISK DISCLOSURE FOR FUTURES AND OPTIONS TRADING
This brief statement does not disclose all of the risks and other significant
aspects of trading in futures and options. In light of the risks, the
Customer should undertake such transactions only if the Customer understands
the nature of the contracts (and contractual relationships) into which
the Customer is entering and the extent of his exposure to risk. Trading
in futures and options is not suitable for many members of the public.
The Customer should carefully consider whether trading is appropriate
for him in light of his experience, objectives, financial resources and
other relevant circumstances. |
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