Orders and Transactions. 4.1 BOCOM is hereby authorized to act upon the instructions of the Client or the person(s) duly authorized by the Client under the Authorization Letter for Third Party to Operate Account ("Authorized Person(s)") to effect Transactions or otherwise operate the Account. The Client shall complete the Appendices and other documents in relation to the Account truly, completely and accurately. 4.2 BOCOM shall not be obliged to authenticate any instruction given or purportedly given by the Authorized Person(s) or to verify the identity of the person giving instructions, unless the signature appearing in any written instruction apparently does not conform in a material manner with the specimen signature(s) of the Authorized Person(s). 4.3 All instructions shall be given by the Client or the Authorized Person(s) orally either in person or by telephone, or in writing, delivery by post, by hand or by facsimile transmission. 4.4 The Client undertakes that he will not give any trading instruction which involves the sale of securities which he does not own, unless the Client proves to the satisfaction of BOCOM that such trading instruction for sale is a Short Selling Order. The Client further undertakes to inform BOCOM expressly that a sale is a short sale at the time of giving the trading instruction to effect that sale, and to provide to BOCOM with documentary assurance that such order is covered within such time, in such form and with such information as BOCOM may require. 4.5 BOCOM may record all telephone conversations with the Client or any Authorized Person(s) in order to verify the instructions of the Client or the Authorized Person(s). The Client acknowledges that such records are the sole property of BOCOM and agrees to accept the contents of any such recording as final and conclusive evidence of the instructions of the Client in case of dispute. 4.6 Notwithstanding anything herein contained, BOCOM shall be entitled, in its absolute discretion, to refuse to act on any of the instructions of the Client or the Authorized Person(s) and shall not be obliged to give any reason for such refusal. The Client acknowledges that BOCOM shall not in any circumstances be liable for any loss of profits, damages, costs or expenses suffered or incurred by the Client arising out of such refusal. 4.7 Where a discrepancy occurs between instructions given by the Client or the Authorized Person(s) by telephone or facsimile on the one part and the subsequent written instructions (delivered in person or by post or by hand) on the other part, the records of the telephone instructions or facsimile instructions of BOCOM shall prevail. 4.8 By reason of physical restraints on the Exchange and rapid changes in the prices of Securities which frequently take place, there may, on occasions, be a delay in making prices or in dealing, and BOCOM may not, after using reasonable endeavors, be able to trade at the prices quoted at any specific time. BOCOM shall not be liable for any loss arising by reason of its failing, or being unable, to comply with any terms of the Client’s order instruction. Where BOCOM is unable, after using reasonable endeavors, to execute any order in full, BOCOM is entitled to effect partial performance only without prior reference to the Client’s confirmation. The Client shall in any event accept and be bound by the outcome when any request to execute orders is made. 4.9 Any day order for purchase or sale of Securities placed by BOCOM at the request of the Client that has not been executed before the close of business of the relevant Exchange or such other expiration date required by the relevant Exchange or such other later time as the Client and BOCOM may agree shall be deemed to have been cancelled automatically. 4.10 BOCOM may, for the purpose of carrying out any instruction given by the Client, contract with or otherwise deal with or through any other agent, including any person or party associated in any manner with BOCOM on such terms and conditions as BOCOM may in its absolute discretion determine. 4.11 BOCOM may decline to act on any instructions from the Client to effect any order which, in BOCOM’s sole judgement, is an order for short-selling any Securities. 4.12 The Client acknowledges that due to the trading practices of the Exchanges or other markets in which Transactions are executed, BOCOM may not always be able to execute orders at the prices quoted "at best" or "at market" and the Client agrees in any event to be bound by Transactions executed by BOCOM following instructions given by the Client. 4.13 Subject to applicable laws and regulations and market requirements, BOCOM may in its absolute discretion determine the priority in the execution of its clients’ orders, having due regard to the sequence in which such orders were received and any special circumstances, and the Client shall not have any claim of priority to another client in relation to the execution of any order received by BOCOM. 4.14 BOCOM may conduct credit enquiries or searches on the Client for the purpose of accessing or ascertaining the financial standing and credit worthiness of the Client. 4.15 At the Client's request, BOCOM will provide financial accommodation ("the Facility") to facilitate the subscription of new issue of Securities, and where applicable, for the continued holding of those Securities. The Facilities shall be subject to BOCOM's overriding right of demand for repayment at any time. The Facilities may also be terminated by BOCOM at any time without prior notice to the Client. Interest (and default interest) shall be payable on any amount outstanding under the Facility at such rate and in such manner as BOCOM may from time to time determine and notify the Client and shall accrue from day to day on the daily amounts outstanding. The Client shall, upon BOCOM's demand at any time, repay to BOCOM all principal and interest accrued thereon outstanding under the Facility, but nothing in this clause shall prejudice BOCOM's rights, powers and remedies under any security document executed in BOCOM's favour in respect of the Facilities. The use of the Facility will constitute acknowledgement and acceptance of the terms and conditions by the Client for the Facility. [?] 4.16 If the Client resides or (being a corporation) is incorporated outside Hong Kong, or gives Instructions outside Hong Kong, the Client agrees to ensure and represent that such Instructions will be given in compliance with all Applicable Laws and Regulations of any relevant jurisdictions(s) which may be applicable to the Client or from which the Client’s Instructions are given, and that when in doubt, to consult or obtain legal advice on the laws of the relevant jurisdiction.
Appears in 1 contract
Sources: Securities Trading Client Agreement
Orders and Transactions. 4.1 BOCOM CHKLS is hereby authorized to act upon the instructions of the Client or the person(s) duly authorized by the Client under the Authorization Letter for Third Party to Operate Account ("Authorized Person(s)") to effect Transactions or otherwise operate the Account. The Client shall complete the Appendices Appendices, the Specimen Signature Cards and other documents in relation to the Account truly, completely and accurately.
4.2 BOCOM CHKLS shall not be obliged to authenticate any instruction given or purportedly given by the Authorized Person(s) or to verify the identity of the person giving instructions, unless the signature appearing in any written instruction apparently does not conform in a material manner with the specimen signature(s) of the Authorized Person(s).
4.3 All instructions shall be given by the Client or the Authorized Person(s) orally either in person or by telephone, or in writing, delivery by post, by hand or by facsimile transmission.
4.4 The Client undertakes that he will not give any trading instruction which involves the sale of securities Securities which he does not own, unless the Client proves to the satisfaction of BOCOM CHKLS that such trading instruction for sale is a Short Selling Ordershort selling order. The Client further undertakes to inform BOCOM CHKLS expressly that a sale is a short sale at the time of giving the trading instruction to effect that sale, and to provide to BOCOM CHKLS with documentary assurance that such order is covered within such time, in such form and with such information as BOCOM CHKLS may require.
4.5 BOCOM CHKLS may record all telephone conversations with the Client or any Authorized Person(s) in order to verify the instructions of the Client or the Authorized Person(s). The Client acknowledges that such records are the sole property of BOCOM ▇▇▇▇▇ and agrees to accept the contents of any such recording as final and conclusive evidence of the instructions of the Client in case of dispute.
4.6 Notwithstanding anything herein contained, BOCOM CHKLS shall be entitled, in its absolute discretion, to refuse to act on any of the instructions of the Client or the Authorized Person(s) and shall not be obliged to give any reason for such refusal. The Client acknowledges that BOCOM CHKLS shall not in any circumstances be liable for any loss of profits, damages, costs or expenses suffered or incurred by the Client arising out of such refusal.
4.7 Where a discrepancy occurs between instructions given by the Client or the Authorized Person(s) by telephone or facsimile on the one part and the subsequent written instructions (delivered in person or by post or by hand) on the other part, the records of the telephone instructions or facsimile instructions of BOCOM CHKLS shall prevail.
4.8 By reason of physical restraints on the Exchange and rapid changes in the prices of Securities which frequently take place, there may, on occasions, be a delay in making prices or in dealing, and BOCOM CHKLS may not, after using reasonable endeavors, be able to trade at the prices quoted at any specific time. BOCOM CHKLS shall not be liable for any loss arising by reason of its failing, or being unable, to comply with any terms of the Client’s order instruction. Where BOCOM CHKLS is unable, after using reasonable endeavors, to execute any order in full, BOCOM CHKLS is entitled to effect partial performance only without prior reference to the Client’s confirmation. The Client shall in any event accept and be bound by the outcome when any request to execute orders is made.
4.9 Any day order for purchase or sale of Securities placed by BOCOM CHKLS at the request of the Client that has not been executed before the close of business of the relevant Exchange or such other expiration date required by the relevant Exchange or such other later time as the Client and BOCOM CHKLS may agree shall be deemed to have been cancelled automatically.
4.10 BOCOM CHKLS may, for the purpose of carrying out any instruction given by the Client, contract with or otherwise deal with or through any other agent, including any person or party associated in any manner with BOCOM CHKLS on such terms and conditions as BOCOM CHKLS may in its absolute discretion determine.
4.11 BOCOM CHKLS may decline to act on any instructions from the Client to effect any order which, in BOCOMCHKLS’s sole judgement, is an order for short-short- selling any Securities.
4.12 The Client acknowledges that due to the trading practices of the Exchanges or other markets in which Transactions are executed, BOCOM CHKLS may not always be able to execute orders at the prices quoted "at best" or "at market" and the Client agrees in any event to be bound by Transactions executed by BOCOM CHKLS following instructions given by the Client.
4.13 Subject to applicable laws and regulations and market requirements, BOCOM CHKLS may in its absolute discretion determine the priority in the execution of its clients’ orders, having due regard to the sequence in which such orders were received and any special circumstances, and the Client shall not have any claim of priority to another client in relation to the execution of any order received by BOCOMCHKLS.
4.14 BOCOM CHKLS may conduct credit enquiries or searches on the Client for the purpose of accessing or ascertaining the financial standing and credit worthiness of the Client.
4.15 At the Client's request, BOCOM CHKLS will provide financial accommodation ("the Facility") to facilitate the subscription of new issue of Securities, and where applicable, for the continued holding of those Securities. The Facilities shall be subject to BOCOMCHKLS's overriding right of demand for repayment at any time. The Facilities may also be terminated by BOCOM CHKLS at any time without prior notice to the Client. Interest (and default interest) shall be payable on any amount outstanding under the Facility at such rate and in such manner as BOCOM CHKLS may from time to time determine and notify the Client and shall accrue from day to day on the daily amounts outstanding. The Client shall, upon BOCOMCHKLS's demand at any time, repay to BOCOM CHKLS all principal and interest accrued thereon outstanding under the Facility, but nothing in this clause Clause shall prejudice BOCOMCHKLS's rights, powers and remedies under any security document executed in BOCOMCHKLS's favour in respect of the Facilities. The use of the Facility will constitute acknowledgement and acceptance of the terms and conditions by the Client for the Facility. [?]
4.16 If the Client resides or (being a corporation) is incorporated outside Hong Kong, or gives Instructions outside Hong Kong, the Client agrees to ensure and represent that such Instructions will be given in compliance with all Applicable Laws and Regulations of any relevant jurisdictions(s) which may be applicable to the Client or from which the Client’s Instructions are given, and that when in doubt, to consult or obtain legal advice on the laws of the relevant jurisdiction.
Appears in 1 contract
Orders and Transactions. 4.1 BOCOM 4.1. CHKLS is hereby authorized to act upon the instructions of the Client or the person(s) duly authorized by the Client under the Authorization Letter for Third Party to Operate Account ("Authorized Person(s)") to effect Transactions deposit, purchase and/or sell Securities for the Margin Account and otherwise deal with Securities, receivables or otherwise operate monies held in or for the Margin Account. The Client shall complete the Appendices and other documents in relation to the Account truly, completely and accurately.
4.2 BOCOM 4.2. CHKLS shall not be obliged to authenticate any instruction given or purportedly given by the Authorized Person(s) or to verify the identity of the person giving instructions, unless the signature appearing in any written instruction apparently does not conform in a material manner with the specimen signature(s) of the Authorized Person(s).
4.3 4.3. All instructions shall be given by the Client or the Authorized Person(s) orally either in person or by telephone, or in writing, delivery by post, by hand or by facsimile transmission.
4.4 4.4. The Client undertakes that he will not give any trading instruction which involves the sale of securities Securities which he does not own, unless the Client proves to the satisfaction of BOCOM CHKLS that such trading instruction for sale is a Short Selling Ordershort selling order. The Client further undertakes to inform BOCOM CHKLS expressly that a sale is a short sale at the time of giving the trading instruction to effect that sale, and to provide to BOCOM CHKLS with documentary assurance that such order is covered within such time, in such form and with such information as BOCOM CHKLS may require.
4.5 BOCOM 4.5. CHKLS may record all telephone conversations with the Client or any Authorized Person(s) in order to verify the instructions of the Client or the Authorized Person(s). The Client acknowledges that such records are the sole property of BOCOM ▇▇▇▇▇ and agrees to accept the contents of any such recording as final and conclusive evidence of the instructions of the Client in case of dispute.
4.6 4.6. Notwithstanding anything herein contained, BOCOM CHKLS shall be entitled, in at its absolute discretion, to refuse to act on any of the instructions of the Client or the Authorized Person(s) and shall not be obliged to give any reason for such refusal. The Client acknowledges that BOCOM CHKLS shall not in any circumstances be liable for any loss of profits, damages, costs or expenses suffered or incurred by the Client arising out of such refusal.
4.7 4.7. Where a discrepancy occurs between instructions given by the Client or the Authorized Person(s) by telephone or facsimile on the one part and the subsequent written instructions (delivered in person or by post or by hand) on the other part, the records of the telephone instructions or facsimile instructions of BOCOM CHKLS shall prevail.
4.8 4.8. By reason of physical restraints on the Exchange and rapid changes in the prices of Securities which frequently take place, there may, on occasions, be a delay in making prices or in dealing, and BOCOM CHKLS may not, after using reasonable endeavors, be able to trade at the prices quoted at any specific time. BOCOM CHKLS shall not be liable for any loss arising by reason of its failing, or being unable, to comply with any terms of the Client’s order instruction. Where BOCOM CHKLS is unable, after using reasonable endeavors, to execute any order in full, BOCOM CHKLS is entitled to effect partial performance only without prior reference to the Client’s confirmation. The Client shall in any event accept and be bound by the outcome when any request to execute orders is made.
4.9 4.9. Any day order for purchase or sale of Securities placed by BOCOM CHKLS at the request of the Client that has not been executed before the close of business of the relevant Exchange or such other expiration date required by the relevant Exchange or such other later time as the Client and BOCOM CHKLS may agree shall be deemed to have been cancelled automatically.
4.10 BOCOM 4.10. CHKLS may, for the purpose of carrying out any instruction given by the Client, contract with or otherwise deal with or through any other agent, including any person or party associated in any manner with BOCOM CHKLS on such terms and conditions as BOCOM CHKLS may in its absolute discretion determine.
4.11 BOCOM 4.11. CHKLS may decline to act on any instructions from the Client to effect any order which, in BOCOMCHKLS’s sole judgementjudgment, is an order for short-short- selling any Securities.
4.12 4.12. The Client acknowledges that due to the trading practices of the Exchanges or other markets in which Transactions are executed, BOCOM CHKLS may not always be able to execute orders at the prices quoted "at best" or "at market" and the Client agrees in any event to be bound by Transactions executed by BOCOM CHKLS following instructions given by the Client.
4.13 4.13. Subject to applicable laws and regulations and market requirements, BOCOM CHKLS may in its absolute discretion determine the priority in the execution of its clients’ orders, having due regard to the sequence in which such orders were received and any special circumstances, and the Client shall not have any claim of priority to another client in relation to the execution of any order received by BOCOMCHKLS.
4.14 BOCOM 4.14. CHKLS may conduct credit enquiries or searches on the Client for the purpose of accessing or ascertaining the financial standing and credit worthiness of the Client.
4.15 At the Client's request, BOCOM will provide financial accommodation ("the Facility") to facilitate the subscription of new issue of Securities, and where applicable, for the continued holding of those Securities. The Facilities shall be subject to BOCOM's overriding right of demand for repayment at any time. The Facilities may also be terminated by BOCOM at any time without prior notice to the Client. Interest (and default interest) shall be payable on any amount outstanding under the Facility at such rate and in such manner as BOCOM may from time to time determine and notify the Client and shall accrue from day to day on the daily amounts outstanding. The Client shall, upon BOCOM's demand at any time, repay to BOCOM all principal and interest accrued thereon outstanding under the Facility, but nothing in this clause shall prejudice BOCOM's rights, powers and remedies under any security document executed in BOCOM's favour in respect of the Facilities. The use of the Facility will constitute acknowledgement and acceptance of the terms and conditions by the Client for the Facility. [?]
4.16 If the Client resides or (being a corporation) is incorporated outside Hong Kong, or gives Instructions outside Hong Kong, the Client agrees to ensure and represent that such Instructions will be given in compliance with all Applicable Laws and Regulations of any relevant jurisdictions(s) which may be applicable to the Client or from which the Client’s Instructions are given, and that when in doubt, to consult or obtain legal advice on the laws of the relevant jurisdiction.
Appears in 1 contract