Client Identity Rule. 24.1 If the Client effects Transactions in Securities listed on SEHK, whether on a discretionary or non-discretionary basis, and whether as agent or by entering into matching transactions as principal with its clients, the Client hereby agrees that, in relation to such transaction where WLSL has received an enquiry from SEHK and/or the SFC and/or any other relevant regulatory or supervisory authority, exchange or clearing house (the “Hong Kong regulators”) , the following provisions in this Clause 24 shall apply. 24.2 Subject as provided below, the Client shall, immediately upon request by WLSL (which request shall include the relevant contact details of the Hong Kong regulators), inform the Hong Kong regulators of its identity, address, occupation and contact details and (so far as known to the Client) of the person with the ultimate beneficial interest in the relevant transaction. The Client shall also inform the Hong Kong regulators of the identity, address, occupation and contact details of any other party (if different from the Client or the ultimate beneficiary) who originated the relevant transactions. Further, the Client shall also disclose to the Hong Kong regulators and/or WLSL details of the instruction(s). 24.3 If the Client effected the transactions for a collective investment scheme, discretionary account or discretionary trust, the Client shall, immediately upon request by WLSL (which request shall include the relevant contact details of the Hong Kong regulators), inform the Hong Kong regulators of the identity, address and contact details of the scheme, account or trust and, if applicable, the identity, address, occupation and contact details of the person who, on behalf of the scheme, account or trust, instructed the Client to effect the transactions. 24.4 If the Client effected the transactions for a collective investment scheme, discretionary account or discretionary trust, the Client shall, as soon as practicable, inform WLSL when the Client’s discretion to invest on behalf of the scheme, account or trust has been overridden. In the case where the Client’s investment discretion has been overridden, the Client shall, immediately upon request by WLSL (which request shall include the relevant contact details of the Hong Kong regulators) , inform the Hong Kong regulators of the identity, address, occupation and contact details of the person(s) who has or have given the instruction in relation to the transactions. 24.5 If the Client is a collective investment scheme, discretionary account or discretionary trust and in respect of a particular transaction the discretion of the Client or its officers or employees has been overridden, the Client shall, as soon as practicable, inform WLSL when the Client’s discretion to invest on behalf of the scheme, account or trust has been overridden. In the case where the Client’s investment discretion has been overridden, the Client shall, immediately upon request by WLSL (which request shall include the relevant contact details of the Hong Kong regulators) , inform the Hong Kong regulators of the identity, address, occupation and contact details of the person(s) who has or have given the instruction in relation to the transactions.
Appears in 8 contracts
Sources: Securities Account Agreement, Securities Account Agreement, Client Securities Account Agreement
Client Identity Rule. 24.1 If the Client Customer effects Transactions in Securities listed on SEHK, whether on a discretionary or non-discretionary basis, and whether as agent or by entering into matching transactions as principal with its clients, the Client Customer hereby agrees that, in relation to such transaction where WLSL CMSHK has received an enquiry from SEHK and/or the SFC and/or any other relevant regulatory or supervisory authority, exchange or clearing house (the “Hong Kong regulators”) ), the following provisions in this Clause 24 shall apply.
24.2 Subject as provided below, the Client Customer shall, immediately upon request by WLSL CMSHK (which request shall include the relevant contact details of the Hong Kong regulators), inform the Hong Kong regulators of its identity, address, occupation and contact details and (so far as known to the ClientCustomer) of the person with the ultimate beneficial interest in the relevant transaction. The Client Customer shall also inform the Hong Kong regulators of the identity, address, occupation and contact details of any other party (if different from the Client Customer or the ultimate beneficiary) who originated the relevant transactions. Further, the Client Customer shall also disclose to the Hong Kong regulators and/or WLSL CMSHK details of the instruction(s).
24.3 If the Client Customer effected the transactions for a collective investment scheme, discretionary account or discretionary trust, the Client Customer shall, immediately upon request by WLSL CMSHK (which request shall include the relevant contact details of the Hong Kong regulators), inform the Hong Kong regulators of the identity, address and contact details of the scheme, account or trust and, if applicable, the identity, address, occupation and contact details of the person who, on behalf of the scheme, account or trust, instructed the Client Customer to effect the transactions.
24.4 If the Client Customer effected the transactions for a collective investment scheme, discretionary account or discretionary trust, the Client Customer shall, as soon as practicable, inform WLSL CMSHK when the ClientCustomer’s discretion to invest on behalf of the scheme, account or trust has been overridden. In the case where the ClientCustomer’s investment discretion has been overridden, the Client Customer shall, immediately upon request by WLSL CMSHK (which request shall include the relevant contact details of the Hong Kong regulators) ), inform the Hong Kong regulators of the identity, address, occupation and contact details of the person(s) who has or have given the instruction in relation to the transactions.
24.5 If the Client Customer is a collective investment scheme, discretionary account or discretionary trust and in respect of a particular transaction the discretion of the Client Customer or its officers or employees has been overridden, the Client Customer shall, as soon as practicable, inform WLSL CMSHK when the ClientCustomer’s discretion to invest on behalf of the scheme, account or trust has been overridden. In the case where the ClientCustomer’s investment discretion has been overridden, the Client Customer shall, immediately upon request by WLSL CMSHK (which request shall include the relevant contact details of the Hong Kong regulators) ), inform the Hong Kong regulators of the identity, address, occupation and contact details of the person(s) who has or have given the instruction in relation to the transactions.
24.6 If the Customer is aware that its client is acting as intermediary for its underlying clients, and the Customer does not know the identity, address, occupation and contact details of the underlying client for whom the transactions was effected, the Customer confirms that (a) it has arrangements in place with its client which entitle the Customer to obtain the information set out in Clauses 24.2 and/or 24.3 and/or 24.4 and/or 24.5 from its client immediately upon request or procure that it be so obtained; and
Appears in 4 contracts
Sources: Securities Account Agreement, Securities Account Agreement, Securities Account Agreement
Client Identity Rule. 24.1 If Notwithstanding Clause 2.5, if the Client Customer effects FX Transactions in Securities listed on SEHK, for the account of others whether on a discretionary or non-discretionary basis, and whether as agent or by entering into matching transactions FX Transactions as principal with its clientsown client, the Client Customer hereby agrees that, in relation to such transaction FX Transactions where WLSL the Company has received an enquiry from SEHK and/or the SFC and/or SFC, or any other relevant exchange, governmental or regulatory or supervisory authority, exchange or clearing house authority in any jurisdiction (the “Hong Kong regulatorsRelevant Regulators”) ), the following provisions in this Clause 24 shall apply.
24.2 17.1 Subject as provided below, the Client Customer shall, immediately upon request by WLSL (which request shall include the relevant contact details of the Hong Kong regulators)Company, inform the Hong Kong regulators Relevant Regulators of its the identity, address, occupation and contact details of the client for whose account the FX Transactions was effected and (so far as known to the ClientCustomer) of the person with the ultimate beneficial interest in the relevant transactionFX Transactions. The Client Customer shall also inform the Hong Kong regulators Relevant Regulators of the identity, address, occupation and contact details of any other third party (if different from the Client or the client/ultimate beneficiary) who originated the relevant transactions. Further, the Client shall also disclose to the Hong Kong regulators and/or WLSL details of the instruction(s)FX Transactions.
24.3 17.2 If the Client Customer effected the transactions FX Transactions for a collective investment scheme, discretionary account or discretionary trust, trust the Client Customer shall, immediately upon request by WLSL (which request shall include the relevant contact details of the Hong Kong regulators), Company inform the Hong Kong regulators Relevant Regulators of the identity, address and contact details of the scheme, account or trust and, if applicable, the identity, address, occupation and contact details of the person who, on behalf of the scheme, account or trust, instructed the Client Customer to effect the transactionsFX Transactions.
24.4 17.3 If the Client Customer effected the transactions FX Transactions for a collective investment scheme, discretionary account or discretionary trust, the Client Customer shall, as soon as practicable, inform WLSL the Company when the ClientCustomer’s discretion to invest on behalf of the scheme, account or trust has been overridden. In the case where the ClientCustomer’s investment discretion has been overridden, the Client Customer shall, immediately upon request by WLSL (which request shall include the relevant contact details of the Hong Kong regulators) , Company inform the Hong Kong regulators Relevant Regulators of the identity, address, occupation and contact details of the person(s) who has or have given the instruction in relation to the transactionsFX Transactions.
24.5 17.4 If the Client Customer is a collective investment schemeaware that its client is acting as intermediary for its underlying clients, discretionary account or discretionary trust and in respect of a particular transaction the discretion of the Client or its officers or employees has been overridden, the Client shall, as soon as practicable, inform WLSL when the Client’s discretion to invest on behalf of the scheme, account or trust has been overridden. In the case where the Client’s investment discretion has been overridden, the Client shall, immediately upon request by WLSL (which request shall include the relevant contact details of the Hong Kong regulators) , inform the Hong Kong regulators of Customer does not know the identity, address, occupation and contact details of the underlying client for whom the FX Transactions was effected, the Customer confirms that:
(i) it has arrangements in place with its client which entitle the Customer to obtain the information set out in Clauses 17.1 and 17.2 from its client immediately upon request or procure that it be so obtained; and
(ii) it will, on request from the Company in relation to a FX Transaction, promptly request the information set out in Clauses 17.1 and 17.2 from the client on whose instructions the FX Transactions was effected, and provide the information to the Relevant Regulators as soon as received from its client or procure that it be so provided.
17.5 The Customer confirms that, where necessary, it has obtained all relevant consents or waivers from clients, collective investment schemes, discretionary accounts or discretionary trusts for whose account FX Transactions may be effected to release information to the Relevant Regulators of the identity and contact details of such clients, collective investment schemes, discretionary accounts or discretionary trusts, and of the person(s) with the ultimate beneficial interest in any such FX Transactions, and (if different from the client/ultimate beneficiary) of the person(s) who has or have given originated the instruction FX Transactions.
17.6 The provisions of this Clause shall continue in relation to effect notwithstanding the transactionstermination of this Agreement.
Appears in 2 contracts
Sources: Leveraged Foreign Exchange Client Agreement, Leveraged Foreign Exchange Client Agreement
Client Identity Rule. 24.1 If Notwithstanding Clause 3.3, if the Client Customer effects Transactions in Securities Financial Futures transactions listed on SEHKthe HKFE, whether on a discretionary or non-discretionary basis, and whether as agent or by entering into matching transactions as principal with its clients, the Client Customer hereby agrees that, in relation to such transaction where WLSL the Company has received an enquiry from SEHK and/or the HKFE, the SFC and/or any other relevant regulatory or supervisory authority, exchange or clearing house (the “Hong Kong regulators”) ), the following provisions in this Clause 24 shall apply.
24.2 21.1 Subject as provided below, the Client Customer shall, immediately upon request by WLSL the Company (which request shall include the relevant contact details of the Hong Kong regulators), inform the Hong Kong regulators of its identity, address, occupation and contact details and (so far as known to the ClientCustomer) of the person with the ultimate beneficial interest in the relevant transaction. The Client Customer shall also inform the Hong Kong regulators of the identity, address, occupation and contact details of any other party (if different from the Client Customer or the ultimate beneficiary) who originated the relevant transactions. Further, the Client shall also disclose to the Hong Kong regulators and/or WLSL details of the instruction(s).
24.3 21.2 If the Client Customer effected the transactions for a collective investment scheme, discretionary account or discretionary trust, trust the Client Customer shall, immediately upon request by WLSL the Company (which request shall include the relevant contact details of the Hong Kong regulators), inform the Hong Kong regulators of the identity, address and contact details of the scheme, account or trust and, if applicable, the identity, address, occupation and contact details of the person who, on behalf of the scheme, account or trust, instructed the Client Customer to effect the transactions.
24.4 21.3 If the Client Customer effected the transactions for a collective investment scheme, discretionary account or discretionary trust, the Client Customer shall, as soon as practicable, inform WLSL the Company when the ClientCustomer’s discretion to invest on behalf of the scheme, account or trust has been overridden. In the case where the ClientCustomer’s investment discretion has been overridden, the Client Customer shall, immediately upon request by WLSL the Company (which request shall include the relevant contact details of the Hong Kong regulators) ), inform the Hong Kong regulators of the identity, address, occupation and contact details of the person(s) who has or have given the instruction in relation to the transactions.
24.5 21.4 If the Client Customer is a collective investment schemeaware that its client is acting as intermediary for its underlying clients, discretionary account or discretionary trust and in respect of a particular transaction the discretion of the Client or its officers or employees has been overridden, the Client shall, as soon as practicable, inform WLSL when the Client’s discretion to invest on behalf of the scheme, account or trust has been overridden. In the case where the Client’s investment discretion has been overridden, the Client shall, immediately upon request by WLSL (which request shall include the relevant contact details of the Hong Kong regulators) , inform the Hong Kong regulators of Customer does not know the identity, address, occupation and contact details of the underlying client for whom the transactions was effected, the Customer confirms that:
i. it has arrangements in place with its client which entitle the Customer to obtain the information set out in Clauses 21.1 and 21.2 from its client immediately upon request or procure that it be so obtained; and
ii. it will, on request from the Company in relation to a transaction, promptly request the information set out in Clauses 21.1 and 21.2 from the client on whose instructions the transactions was effected, and provide the information to the Hong Kong regulators as soon as received from its client or procure that it be so provided.
21.5 The Customer declares, warrants and represents that, where necessary, it has obtained all relevant consents or waivers from clients, collective investment schemes, discretionary accounts or discretionary trusts for whose account transactions may be effected to release information to the Hong Kong regulators of the identity and contact details of such clients, collective investment schemes, discretionary accounts or discretionary trusts, and of the person(s) with the ultimate beneficial interest in any such transactions, and (if different from the client/ultimate beneficiary) of the person(s) who has or have given the instruction in relation to originated the transactions.
Appears in 1 contract
Sources: Futures Account Agreement
Client Identity Rule. 24.1 If the Client effects Transactions in Securities listed on SEHK, whether on a discretionary or non-discretionary basis, and whether as agent or by entering into matching transactions as principal with its clients, the Client hereby agrees that, in relation to such transaction where WLSL WLIS has received an enquiry from SEHK and/or the SFC and/or any other relevant regulatory or supervisory authority, exchange or clearing house (the “Hong Kong regulators”) , the following provisions in this Clause 24 shall apply.
24.2 Subject as provided below, the Client shall, immediately upon request by WLSL WLIS (which request shall include the relevant contact details of the Hong Kong regulators), inform the Hong Kong regulators of its identity, address, occupation and contact details and (so far as known to the Client) of the person with the ultimate beneficial interest in the relevant transaction. The Client shall also inform the Hong Kong regulators of the identity, address, occupation and contact details of any other party (if different from the Client or the ultimate beneficiary) who originated the relevant transactions. Further, the Client shall also disclose to the Hong Kong regulators and/or WLSL WLIS details of the instruction(s).
24.3 If the Client effected the transactions for a collective investment scheme, discretionary account or discretionary trust, the Client shall, immediately upon request by WLSL WLIS (which request shall include the relevant contact details of the Hong Kong regulators), inform the Hong Kong regulators of the identity, address and contact details of the scheme, account or trust and, if applicable, the identity, address, occupation and contact details of the person who, on behalf of the scheme, account or trust, instructed the Client to effect the transactions.
24.4 If the Client effected the transactions for a collective investment scheme, discretionary account or discretionary trust, the Client shall, as soon as practicable, inform WLSL WLIS when the Client’s discretion to invest on behalf of the scheme, account or trust has been overridden. In the case where the Client’s investment discretion has been overridden, the Client shall, immediately upon request by WLSL WLIS (which request shall include the relevant contact details of the Hong Kong regulators) , inform the Hong Kong regulators of the identity, address, occupation and contact details of the person(s) who has or have given the instruction in relation to the transactions.
24.5 If the Client is a collective investment scheme, discretionary account or discretionary trust and in respect of a particular transaction the discretion of the Client or its officers or employees has been overridden, the Client shall, as soon as practicable, inform WLSL ▇▇▇▇ when the Client’s discretion to invest on behalf of the scheme, account or trust has been overridden. In the case where the Client’s investment discretion has been overridden, the Client shall, immediately upon request by WLSL WLIS (which request shall include the relevant contact details of the Hong Kong regulators) , inform the Hong Kong regulators of the identity, address, occupation and contact details of the person(s) who has or have given the instruction in relation to the transactions.
Appears in 1 contract
Sources: Securities Account Agreement