Common use of Risk Control Clause in Contracts

Risk Control. In order to control the risk of funds, Party B shall be obliged to provide assistance to Party A in completing the following measures: 1. Party A has the right to check whether Party B has valid Financial License and Business License of Enterprise Legal Person before carrying out related transactions with Party B. In case of no relevant license or expiration thereof, Party A shall cease various business cooperations with Party B. 2. Before depositing funds with Party B, Party A has the right to obtain and review the annual report of Party B for the latest accounting year audited by an accounting firm qualified in securities and futures business. After confirming the controllability of risks, Party A may carry out business cooperation with Party B . 3. Party A is entitled to regularly know the operation and financial status of Party B and pay attention to the occurrence of any violation by Party B of the provisions of the Measures for the Administration of Enterprise Group Finance Companies promulgated by the China Banking and Insurance Regulatory Commission. Party A has the right to request the provision of Party B’s various regulatory indicators to Party A’s finance department within fifteen working days after the end of each quarter. If the indicators thereof are not in compliance with the relevant provisions of the Measures for the Administration of Enterprise Group Finance Companies, Party A shall stop the cooperation with Party B in deposit business. 4. Party A has the right to take such risk response measures as full or partial transfer of Party A’s deposits in Party B, suspension of deposits to Party B, requesting Party B to rectify and reform within a certain period to ensure the safety of Party A’s deposits in Party B in the event of the following circumstances: (1) When Party B’s regulatory indicators fail to comply with the provisions of the Measures for the Administration of Enterprise Group Finance Companies; (2) When Party B suffers from such major matters as a run, failure to pay debts due, overdue of large loans, serious failure of important information systems, robbery or fraud and directors or senior management involved in serious disciplinary or criminal cases; (3) Party B suffers huge losses in its securities investment business, with the loss amount reaching 50% of Party B’s registered capital; (4) In the event of major institutional changes, equity transactions or operational risks that may affect the normal operation of Party B; (5) When Party B has or may have a payment crisis; (6) Party B has been subject to administrative penalties by the China Banking and Insurance Regulatory Commission or other regulatory authorities for violation of laws and regulations; (7) Other matters Party A considers that may pose security risks to Party A’s deposits. 5. Party A has the right to transfer its full or part of deposit in Party B from time to time to ensure the safety and liquidity thereof.

Appears in 1 contract

Sources: Financial Services Framework Agreement (China Southern Airlines Co LTD)

Risk Control. In order to To control the risk of funds, Party B shall be obliged has the duties to provide assistance to assist Party A in completing to complete the following measures: 1. Before Party A and Party B carry out connected transactions, Party A has the right to check whether inspect if Party B has valid Financial License and Permit”, “Business License Licence of Enterprise the Legal Person before carrying out related transactions with Party B. In case Person”, in the absence of no relevant license the certificates concerned, or expiration thereofthe certificates concerned have expired, Party A shall cease various business cooperations will stop to carry out cooperation of all types of businesses with Party B. 2. Before depositing Party A deposits funds with Party B, Party A has the right to obtain and review read the annual report of Party B for the latest accounting financial year which has been audited by an accounting firm qualified in securities and with securities, futures business. After confirming the controllability of risksbusiness qualifications, Party A may carry out will only start business cooperation with Party B after it has confirmed that the risks are controllable. 3. Party A is entitled has the right to regularly know learn about the operation operating and financial status conditions of Party B and on a regular basis, pay attention to the occurrence of any violation by see if Party B of violates the provisions of the “Administrative Measures for regarding the Administration Finance Company of Enterprise Group Finance Companies a Corporation Group” promulgated by the China Banking and Insurance Regulatory Commission. Party A has the right to request Party B to provide the provision situations of Party B’s various all regulatory indicators to Party A’s the finance department of Party A within fifteen 15 working days after the end of each quarter. If , if it is discovered that the related indicators thereof are do not in compliance comply with the relevant provisions of the “Administrative Measures for regarding the Administration Finance Company of Enterprise Group Finance Companiesa Corporation Group”, Party A shall will stop the to carry out cooperation of deposit business with Party B in deposit business.B. 4. When the following events occur, Party A has the right to take such adapt risk response measures such as full or partial transfer withdrawal of the deposits of Party A’s deposits A placed in Party B, suspension temporarily stoppage of deposits to depositing funds with Party B, requesting and to request Party B to rectify and reform within a certain period deadline etc to ensure actually guarantee the safety security of deposits of Party A’s deposits in A placed with Party B in the event of the following circumstancesB: (1) When the gearing ratio indicator of Party B’s regulatory indicators fail to B does not comply with the provisions of Article 34 of the “Administrative Measures for regarding the Administration Finance Company of Enterprise Group Finance Companiesa Corporation Group”; (2) When Party B suffers from experiences substantial events such major matters as a bank run, failure inability to pay debts repay loans due, overdue pastdue of loans of large loansvalue or the provision of guarantee and advances, serious failure defects of important information systemscomputer system, robbery or fraud and frauds, serious breaches of rules, criminal cases involving the directors or senior management involved in serious disciplinary or criminal casesmembers etc; (3) When the negotiable securities investment business of Party B suffers huge losses in its securities investment businesslosses, with the loss amount reaching has reached 50% of the registered capital of Party B’s registered capital; (4) In the event The occurrence of major institutional changesmatters such as material organization change, transactions of equity transactions interest or operational risks that which may affect the normal operation of Party B; (5) When the balance of the deposits of Party A placed with Party B has or may have expressed as a payment crisisproportion of the balance of deposits accepted by Party B exceeds the relevant provisions of the securities regulatory department; (6) When administrative punishment is imposed upon Party B has been subject to administrative penalties by the China Banking and Insurance Regulatory Commission or other regulatory authorities for violation departments as a result of laws the breaching of law and regulationsregulations of the former; (7) When Party B is demanded to carry out rectification by the China Banking Regulatory Commission; (8) Other matters that Party A considers that they may pose security bring implicit safety risks to for the funds of Party A’s depositsA that it has placed. 5. Party A has the right to transfer its make full or part partial withdrawal of deposit in the deposits of Party A placed with Party B from time to time on a non-regular basis to ensure that the safety security and liquidity thereofof the deposits concerned.

Appears in 1 contract

Sources: Financial Services Framework Agreement (China Southern Airlines Co LTD)

Risk Control. In order to control the risk of fundsfund risk, Party B shall be obliged to provide assistance to assist Party A in completing to complete the following measures: 1. Prior to conducting related transactions with Party B, Party A has shall have the right to check whether have access to Party B has valid B’s effective Financial License and Business License of Enterprise Legal Person before carrying out related transactions with Person. If Party B. In case of no B cannot provide relevant license licenses or expiration thereofrelevant licenses have expired, Party A shall cease various will terminate any business cooperations cooperation with Party B. 2. Before depositing Prior to deposition of any funds with Party B, Party A has shall have the right to obtain and review the Party B’s annual report of Party B reports for the latest accounting year most recent fiscal year, which has been audited by an accounting accountants’ firm qualified in to audit securities and futures businessbusiness activities. After confirming the controllability of risks, Party A may carry out shall start business cooperation with Party B if Party A confirms the risk can be controlled. 3. Party A is shall be entitled to regularly know the inspect Party B’s operation and financial status of on a regular basis and check with Party B and pay attention to the occurrence whether there is any violation of any violation by Party B of the provisions of the Measures for the Administration of Financial Companies of Enterprise Group Finance Companies promulgated Groups published by the China Banking and Insurance Regulatory Commission. Party A has the right shall be entitled to request the provision of Party B’s various regulatory indicators B to provide Party A’s finance department with all information regarding its regulatory indicators within fifteen working days after the end of each quarter. If the any relevant indicators thereof are not in compliance found to be non-compliant with the relevant provisions of the Measures for the Administration of Financial Companies of Enterprise Group Finance CompaniesGroups, Party A will terminate all deposit business cooperation with Party B. 4. In any one of the following cases, Party A shall stop the cooperation have to right to withdraw all or any part of its deposits with Party B in deposit business. 4. Party A has the right to take such risk response measures as full or partial transfer of Party A’s deposits in Party B, suspension of deposits suspend depositing to Party B, requesting B or request Party B to rectify perform and reform within complete a certain period rectification or take other risk management measures to effectively ensure the safety of Party A’s deposits in with Party B in the event of the following circumstancesB: (1) When Party B’s regulatory asset-liability ratio indicators fail to comply are non-compliant with the provisions of Section 34 of the Measures for the Administration of Financial Companies of Enterprise Group Finance CompaniesGroups; (2) When Party B suffers from such major matters as a run, failure is unable to pay debts duedue debts, or an occurrence of bank runs, or with a large amount of overdue of large loansloans or guarantees advances, serious failure of important information systemscomputer system, robbery being robbed or fraud and defrauded, or directors or senior management personnel being involved in serious disciplinary or violation of discipline, criminal casescases and other major issues; (3) Party B suffers huge losses has suffered a great loss in its the securities investment business, with business and the loss amount reaching has reached 50% of the registered capital of Party B’s registered capital; (4) In There is an occurrence of significant changes in the event of major institutional changesorganization, equity transactions or operational operation risks that and other matters which may affect the normal operation of Party B; (5) When The proportion of Party A’s deposit balance with Party B has or may have a payment crisisin Party B’s balance of the deposits absorbed by Party B exceeds the limit as provided by relevant securities regulatory authorities; (6) Party B has been subject is imposed to administrative penalties sanctions by the China Banking and Insurance Regulatory Commission or other regulatory authorities for violation of laws and or regulations; (7) Party B is ordered to rectify by China Banking Regulatory Commission; and (8) Other matters Party A considers that may pose bring potential security risks to Party A’s deposits.A. 5. Party A has shall have the right to transfer its full withdraw all or any part of deposit in its deposits with Party B from at any time to time in order to ensure the safety security and liquidity thereofof relevant deposits.

Appears in 1 contract

Sources: Financial Service Framework Agreement (China Southern Airlines Co LTD)