Safekeeping of Securities. 25.1 Where Securities are not registered in the Customer's name, any dividends or other benefits arising in respect of such Securities shall, when received by FSL, be credited to the Customer's Account or paid or transferred to the Customer in accordance with the Securities and Futures (Client Securities) Rules (Cap.571H), as agreed with FSL. Where Securities form part of a larger holding of identical Securities held for FSL's clients, the Customer shall be entitled to the same share of the benefits arising on the holding as the Customer's share of the total holding. 25.2 Any Securities which are held by FSL for safekeeping may, at FSL's discretion: (a) (in the case of registrable Securities) be registered in the Customer's name or in the name of FSL's nominee; or (b) be deposited in a safe custody in a designated account with FSL's bankers or with any other institution which provides facilities for the safe custody of documents. In the case of Securities in Hong Kong, such institution shall be acceptable to the SFC as a provider of safe custody services. 25.3 In the case of a purchase Transaction, if the selling broker fails to deliver on the settlement date and FSL has to purchase Securities to settle the Transaction, FSL shall not be responsible to the Customer for the costs of such purchase. 25.4 FSL and FSL's nominee may hold any Securities on behalf of the Customer and are not bound to redeliver to the Customer the identical Securities received from or purchased for the Customer but may redeliver to the Customer, at the office at which the Account is kept, Securities of like quantity, type and description. 25.5 (Applicable to cash securities trading account only) FSL does not have the Customer's written authority under Section 7 of the Securities and Futures (Client Securities) Rules (Cap.571H) under the Ordinance to: (a) deposit any of the Customer's Securities with a banking institution as collateral for an advance or loan made to FSL, or with the Clearing House as collateral for the discharge of FSL's obligations under the clearing system; (b) borrow or lend any of the Customer's Securities (unless prior written agreement has been entered between FSL and the Customer); and (c) otherwise part with possession (except to the Customer or on the Customer's instructions) of any of the Customer's Securities for any purpose. 25.6 FSL may at any time require the Customer to collect the Securities and documents of title thereto by 30 days' notice in writing. If the Customer fails to collect the Securities and documents of title thereto from FSL within such period, FSL may, at FSL's discretion, sell all or any part of the Securities at such price and on such terms as FSL will determine whether by public auction, private treaty or tender without incurring any liability to the Customer for any losses which may thereby arise. FSL's liability for such Securities shall be fully discharged upon payment to the Customer from the proceeds of sale net of all expenses incurred in connection with the sale and other liabilities of the Customer to FSL whether pursuant to this Agreement or otherwise to any of the Customer's Account(s) with FSL. 25.7 Where the Customer has appointed a person as the Customer's agent to collect on the Customer's behalf Securities and documents of title thereto from FSL delivery of Securities and documents of title thereto by FSL into the possession of such agent shall discharge in full FSL's responsibilities regarding such Securities. An acknowledgement of receipt signed by the Customer's agent shall, in the absence of manifest error, constitute conclusive evidence against the Customer that the Securities listed or referred to in the acknowledgement have been delivered into the possession of the Customer notwithstanding that such agents may at the same time be FSL's employees or agents. 25.8 In relation to benefits accrued or losses incurred in respect of Securities in a pooled account, FSL shall credit or debit the Account with the proportion of such benefit or loss equal to the proportion of the total number or amount of Securities which shall comprise Securities held on the Customer's behalf. Where a fractional interest arises in respect of any security held in a pooled account, the Customer hereby agrees that the benefit of and such entitlement to such fractional interest shall accrue absolutely to FSL instead of the Customer.
Appears in 3 contracts
Sources: Client Trading Agreement, Client Trading Agreement, Client Trading Agreement
Safekeeping of Securities. 25.1 Where Securities are not registered in the Customer's name, any dividends or other benefits arising in respect of such Securities shall, when received by FSL, be credited to the Customer's Account or paid or transferred to the Customer in accordance with the Securities and Futures (Client Securities) Rules (Cap.571H), as agreed with FSL. Where Securities form part of a larger holding of identical Securities held for FSL's clients, the Customer shall be entitled to the same share of the benefits arising on the holding as the Customer's share of the total holding.
25.2 6.1 Any Securities which are held by FSL GNS for safekeeping may, at FSLGNS's discretion:
(a) (in the case of registrable Securities) be registered in the CustomerClient's name or in the name of FSLGNS's nominee; or
(b) be deposited deposited, at the Client’s costs, in a safe custody in a designated account with FSLGNS's bankers or with any other institution which provides facilities for the safe custody of documents. In the case of Securities in Hong Kong, such institution shall be acceptable to approved by the SFC as a provider of safe custody services.
25.3 In 6.2 Where Securities are not registered in the case Client's name, any dividends or other benefits arising in respect of such Securities shall, when received by GNS, be credited to the Client's Account or paid or transferred to the Client after deduction of the relevant charges, as agreed with GNS. Where the Securities form part of a purchase Transactionlarger holding of identical Securities held for the Clients, if the selling broker fails Client will be entitled to deliver the same share of the benefits arising on the settlement date holding as the Client's share of the total holding.
6.3 The Client agrees to pay service charges upon the Account at such rates and FSL on such other terms as GNS has stipulated at its discretion and notified the Client from time to purchase Securities to settle time in respect of the Transaction, FSL shall not be responsible to the Customer safe custody services.
6.4 Save for the costs of such purchase.
25.4 FSL and FSL's nominee may hold any Securities on behalf of the Customer and are not bound to redeliver to the Customer the identical Securities received from or purchased for the Customer but may redeliver to the CustomerMargin Client, at the office at which the Account is kept, Securities of like quantity, type and description.
25.5 (Applicable to cash securities trading account only) FSL GNS as a broker who does not have the CustomerClient's written authority under Section 7 pursuant to section 4(1) of the Securities and Futures (Client Securities) Rules (Cap.571H) under the Ordinance toshall not:
(a) deposit any of the CustomerClient's Securities with a banking institution as collateral for an advance or loan made to FSLGNS, or with the Clearing House HKSCC as collateral for the discharge of FSLGNS's obligations under the clearing system;
(b) borrow or lend any of the CustomerClient's Securities (unless prior written agreement has been entered between FSL and the Customer)Securities; and
(c) otherwise part with possession (except to the Customer Client or on the CustomerClient's instructionsInstructions) of any of the CustomerClient's Securities for any purpose.
25.6 FSL may at 6.5 Subject to settlement of all outstanding balances of any time require the Customer to collect the Securities and documents of title thereto by 30 days' notice in writing. If the Customer fails to collect the Securities and documents of title thereto from FSL within such period, FSL may, at FSL's discretion, sell all or any part of the Accounts owing to GNS (if any), Securities at such price and on such terms as FSL purchased for the Client will determine whether by public auction, private treaty or tender without incurring any liability be delivered to the Customer for any losses which may thereby arise. FSL's liability for Client provided that:
(a) such Securities shall be are fully discharged upon payment to the Customer from the proceeds of sale net of all expenses incurred in connection with the sale and other liabilities of the Customer to FSL whether pursuant to this Agreement or otherwise paid; and
(b) such Securities are not subject to any of the Customer's Account(s) with FSLlien.
25.7 Where the Customer has appointed a person as the Customer's agent to collect on the Customer's behalf Securities and documents of title thereto from FSL delivery of Securities and documents of title thereto by FSL into the possession of such agent shall discharge in full FSL's responsibilities regarding such Securities. An acknowledgement of receipt signed by the Customer's agent shall, in the absence of manifest error, constitute conclusive evidence against the Customer that the Securities listed or referred to in the acknowledgement have been delivered into the possession of the Customer notwithstanding that such agents may at the same time be FSL's employees or agents.
25.8 In relation to benefits accrued or losses incurred in respect of Securities in a pooled account, FSL shall credit or debit the Account with the proportion of such benefit or loss equal to the proportion of the total number or amount of Securities which shall comprise Securities held on the Customer's behalf. Where a fractional interest arises in respect of any security held in a pooled account, the Customer hereby agrees that the benefit of and such entitlement to such fractional interest shall accrue absolutely to FSL instead of the Customer.
Appears in 2 contracts
Sources: Terms and Conditions for Securities Trading, Securities Trading Agreement
Safekeeping of Securities. 25.1 Where Securities are not registered in the Customer's name, any dividends or other benefits arising in respect of such Securities shall, when received by FSL, be credited to the Customer's Account or paid or transferred to the Customer in accordance with the Securities and Futures (Client Securities) Rules (Cap.571H), as agreed with FSL. Where Securities form part of a larger holding of identical Securities held for FSL's clients, the Customer shall be entitled to the same share of the benefits arising on the holding as the Customer's share of the total holding.
25.2 6.1 Any Securities which are held by FSL GNS for safekeeping may, at FSLGNS's discretion:
(a) (in the case of registrable Securities) be registered in the CustomerClient's name or in the name of FSLGNS's nominee; or
(b) be deposited deposited, at the Client’s costs, in a safe custody in a designated account with FSLGNS's bankers or with any other institution which provides facilities for the safe custody of documents. In the case of Securities in Hong Kong, such institution shall be acceptable to approved by the SFC as a provider of safe custody services.
25.3 In 6.2 Where Securities are not registered in the case Client's name, any dividends or other benefits arising in respect of such Securities shall, when received by GNS, be credited to the Client's Account or paid or transferred to the Client after deduction of the relevant charges, as agreed with GNS. Where the Securities form part of a purchase Transactionlarger holding of identical Securities held for the Clients, if the selling broker fails Client will be entitled to deliver the same share of the benefits arising on the settlement date holding as the Client's share of the total holding. Where the dividend is distributed either in the form of cash dividend or other forms, GNS is authorized to elect and FSL has to purchase Securities to settle the Transaction, FSL shall not be responsible to the Customer for the costs of such purchase.
25.4 FSL and FSL's nominee may hold any Securities receive on behalf of the Customer Client the cash dividend in the absence of contrary prior written Instruction from the Client.
6.3 The Client agrees to pay service charges upon the Account at such rates and are not bound on such other terms as GNS has stipulated at its discretion and notified the Client from time to redeliver to time in respect of the Customer the identical Securities received from or purchased safe custody services.
6.4 Save for the Customer but may redeliver to the CustomerMargin Client, at the office at which the Account is kept, Securities of like quantity, type and description.
25.5 (Applicable to cash securities trading account only) FSL GNS as a broker who does not have the CustomerClient's written authority under Section 7 pursuant to section 4(1) of the Securities and Futures (Client Securities) Rules (Cap.571H) under the Ordinance toshall not:
(a) deposit any of the CustomerClient's Securities with a banking institution as collateral for an advance or loan made to FSLGNS, or with the Clearing House HKSCC as collateral for the discharge of FSLGNS's obligations under the clearing system;
(b) borrow or lend any of the CustomerClient's Securities (unless prior written agreement has been entered between FSL and the Customer)Securities; and
(c) otherwise part with possession (except to the Customer Client or on the CustomerClient's instructionsInstructions) of any of the CustomerClient's Securities for any purpose.
25.6 FSL may at 6.5 Subject to settlement of all outstanding balances of any time require the Customer to collect the Securities and documents of title thereto by 30 days' notice in writing. If the Customer fails to collect the Securities and documents of title thereto from FSL within such period, FSL may, at FSL's discretion, sell all or any part of the Accounts owing to GNS (if any), Securities at such price and on such terms as FSL purchased for the Client will determine whether by public auction, private treaty or tender without incurring any liability be delivered to the Customer for any losses which may thereby arise. FSL's liability for Client provided that:
(a) such Securities shall be are fully discharged upon payment to the Customer from the proceeds of sale net of all expenses incurred in connection with the sale and other liabilities of the Customer to FSL whether pursuant to this Agreement or otherwise paid; and
(b) such Securities are not subject to any of the Customer's Account(s) with FSLlien.
25.7 Where the Customer has appointed a person as the Customer's agent to collect on the Customer's behalf Securities and documents of title thereto from FSL delivery of Securities and documents of title thereto by FSL into the possession of such agent shall discharge in full FSL's responsibilities regarding such Securities. An acknowledgement of receipt signed by the Customer's agent shall, in the absence of manifest error, constitute conclusive evidence against the Customer that the Securities listed or referred to in the acknowledgement have been delivered into the possession of the Customer notwithstanding that such agents may at the same time be FSL's employees or agents.
25.8 In relation to benefits accrued or losses incurred in respect of Securities in a pooled account, FSL shall credit or debit the Account with the proportion of such benefit or loss equal to the proportion of the total number or amount of Securities which shall comprise Securities held on the Customer's behalf. Where a fractional interest arises in respect of any security held in a pooled account, the Customer hereby agrees that the benefit of and such entitlement to such fractional interest shall accrue absolutely to FSL instead of the Customer.
Appears in 2 contracts
Sources: Terms and Conditions for Securities Trading, Securities Trading Agreement
Safekeeping of Securities. 25.1 Where Securities are not registered in the Customer's name, any dividends or other benefits arising in respect of such Securities shall, when received by FSL, be credited to the Customer's Account or paid or transferred to the Customer in accordance with the Securities and Futures (Client Securities) Rules (Cap.571H), as agreed with FSL. Where Securities form part of a larger holding of identical Securities held for FSL's clients, the Customer shall be entitled to the same share of the benefits arising on the holding as the Customer's share of the total holding.
25.2 6.1 Any Securities which are held by FSL SW for safekeeping may, at FSLSW's discretion:
(a) (in the case of registrable Securities) be registered in the CustomerClient's name or in the name of FSLSW's nominee; or
(b) be deposited deposited, at the Client’s costs, in a safe custody in a designated account with FSLSW's bankers or with any other institution which provides facilities for the safe custody of documents. In the case of Securities in Hong Kong, such institution shall be acceptable to approved by the SFC as a provider of safe custody servicescustodyservices.
25.3 In 6.2 Where Securities are not registered in the case Client's name, any dividends or other benefits arising in respect of such Securities shall, when received by SW, be credited to the Client's Account or paid or transferred to the Client after deduction of the relevant charges, as agreed with SW. Where the Securities form part of a purchase Transactionlarger holding of identical Securities held for the Clients, if the selling broker fails Client will be entitled to deliver the same share of the benefits arising on the settlement date holding as the Client's share of the total holding.
6.3 The Client agrees to pay service charges upon the Account at such rates and FSL on such other terms as SW has stipulated at its discretion and notified the Client from time to purchase Securities to settle time in respect of the Transaction, FSL shall not be responsible to the Customer safe custodyservices.
6.4 Save for the costs of such purchase.
25.4 FSL and FSL's nominee may hold any Securities on behalf of the Customer and are not bound to redeliver to the Customer the identical Securities received from or purchased for the Customer but may redeliver to the CustomerMargin Client, at the office at which the Account is kept, Securities of like quantity, type and description.
25.5 (Applicable to cash securities trading account only) FSL SW as a broker who does not have the CustomerClient's written authority under Section 7 pursuant to section 4(1) of the Securities and Futures (Client Securities) Rules (Cap.571H) under the Ordinance toshall not:
(a) deposit any of the CustomerClient's Securities with a banking institution as collateral for an advance or loan made to FSLSW, or with the Clearing House HKSCC as collateral for the discharge of FSLSW's obligations under the clearing system;
(b) borrow or lend any of the CustomerClient's Securities (unless prior written agreement has been entered between FSL and the Customer)Securities; and
(c) otherwise part with possession (except to the Customer Client or on the CustomerClient's instructionsInstructions) of any of the CustomerClient's Securities for any purpose.
25.6 FSL may at 6.5 Subject to settlement of all outstanding balances of any time require the Customer to collect the Securities and documents of title thereto by 30 days' notice in writing. If the Customer fails to collect the Securities and documents of title thereto from FSL within such period, FSL may, at FSL's discretion, sell all or any part of the Accounts owing to SW (if any), Securities at such price and on such terms as FSL purchased for the Client will determine whether by public auction, private treaty or tender without incurring any liability be delivered to the Customer for any losses which may thereby arise. FSL's liability for Client provided that:
(a) such Securities shall be are fully discharged upon payment to the Customer from the proceeds of sale net of all expenses incurred in connection with the sale and other liabilities of the Customer to FSL whether pursuant to this Agreement or otherwise paid; and
(b) such Securities are not subject to any of the Customer's Account(s) with FSLlien.
25.7 Where the Customer has appointed a person as the Customer's agent to collect on the Customer's behalf Securities and documents of title thereto from FSL delivery of Securities and documents of title thereto by FSL into the possession of such agent shall discharge in full FSL's responsibilities regarding such Securities. An acknowledgement of receipt signed by the Customer's agent shall, in the absence of manifest error, constitute conclusive evidence against the Customer that the Securities listed or referred to in the acknowledgement have been delivered into the possession of the Customer notwithstanding that such agents may at the same time be FSL's employees or agents.
25.8 In relation to benefits accrued or losses incurred in respect of Securities in a pooled account, FSL shall credit or debit the Account with the proportion of such benefit or loss equal to the proportion of the total number or amount of Securities which shall comprise Securities held on the Customer's behalf. Where a fractional interest arises in respect of any security held in a pooled account, the Customer hereby agrees that the benefit of and such entitlement to such fractional interest shall accrue absolutely to FSL instead of the Customer.
Appears in 2 contracts
Sources: Terms and Conditions for Securities Trading, Terms and Conditions for Securities Trading
Safekeeping of Securities. 25.1 Where Securities are not registered in the Customer's name, any dividends or other benefits arising in respect of such Securities shall, when received by FSL, be credited to the Customer's Account or paid or transferred to the Customer in accordance with the Securities and Futures (Client Securities) Rules (Cap.571H), as agreed with FSL. Where Securities form part of a larger holding of identical Securities held for FSL's clients, the Customer shall be entitled to the same share of the benefits arising on the holding as the Customer's share of the total holding.
25.2 6.1 Any Securities which are held by FSL OPSL for safekeeping may, at FSLOPSL's discretion:
(a) (in the case of registrable Securities) be registered in the CustomerClient's name or in the name of FSL's ▇▇▇▇'▇ nominee; or
(b) be deposited deposited, at the Client’s costs, in a safe custody in a designated account with FSLOPSL's bankers or with any other institution which provides facilities for the safe custody of documents. In the case of Securities in Hong Kong, such institution shall be acceptable to approved by the SFC as a provider of safe custody services.
25.3 In 6.2 Where Securities are not registered in the case Client's name, any dividends or other benefits arising in respect of such Securities shall, when received by OPSL, be credited to the Client's Account or paid or transferred to the Client after deduction of the relevant charges, as agreed with OPSL. Where the Securities form part of a purchase Transactionlarger holding of identical Securities held for the Clients, if the selling broker fails Client will be entitled to deliver the same share of the benefits arising on the settlement date holding as the Client's share of the total holding. 客戶協議書 | 2017/2.0_APRIL 2017
6.3 The Client agrees to pay service charges upon the Account at such rates and FSL on such other terms as OPSL has stipulated at its discretion and notified the Client from time to purchase Securities to settle time in respect of the Transaction, FSL shall not be responsible to the Customer safe custody services.
6.4 Save for the costs of such purchase.
25.4 FSL and FSL's nominee may hold any Securities on behalf of the Customer and are not bound to redeliver to the Customer the identical Securities received from or purchased for the Customer but may redeliver to the CustomerMargin Client, at the office at which the Account is kept, Securities of like quantity, type and description.
25.5 (Applicable to cash securities trading account only) FSL OPSL as a broker who does not have the CustomerClient's written authority under Section 7 pursuant to section 7(2) of the Securities and Futures (Client Securities) Rules (Cap.571H) under the Ordinance toshall not:
(a) deposit any of the CustomerClient's Securities with a banking institution as collateral for an advance or loan made to FSLOPSL, or with the Clearing House HKSCC as collateral for the discharge of FSLOPSL's obligations under the clearing system;
(b) borrow or lend any of the CustomerClient's Securities (unless prior written agreement has been entered between FSL and the Customer)Securities; and
(c) otherwise part with possession (except to the Customer Client or on the CustomerClient's instructionsInstructions) of any of the CustomerClient's Securities for any purpose.
25.6 FSL may at 6.5 Subject to settlement of all outstanding balances of any time require the Customer to collect the Securities and documents of title thereto by 30 days' notice in writing. If the Customer fails to collect the Securities and documents of title thereto from FSL within such period, FSL may, at FSL's discretion, sell all or any part of the Accounts owing to OPSL (if any), Securities at such price and on such terms as FSL purchased for the Client will determine whether by public auction, private treaty or tender without incurring any liability be delivered to the Customer for any losses which may thereby arise. FSL's liability for Client provided that:
(a) such Securities shall be are fully discharged upon payment to the Customer from the proceeds of sale net of all expenses incurred in connection with the sale and other liabilities of the Customer to FSL whether pursuant to this Agreement or otherwise paid; and
(b) such Securities are not subject to any of the Customer's Account(s) with FSLlien.
25.7 Where the Customer has appointed a person as the Customer's agent to collect on the Customer's behalf Securities and documents of title thereto from FSL delivery of Securities and documents of title thereto by FSL into the possession of such agent shall discharge in full FSL's responsibilities regarding such Securities. An acknowledgement of receipt signed by the Customer's agent shall, in the absence of manifest error, constitute conclusive evidence against the Customer that the Securities listed or referred to in the acknowledgement have been delivered into the possession of the Customer notwithstanding that such agents may at the same time be FSL's employees or agents.
25.8 In relation to benefits accrued or losses incurred in respect of Securities in a pooled account, FSL shall credit or debit the Account with the proportion of such benefit or loss equal to the proportion of the total number or amount of Securities which shall comprise Securities held on the Customer's behalf. Where a fractional interest arises in respect of any security held in a pooled account, the Customer hereby agrees that the benefit of and such entitlement to such fractional interest shall accrue absolutely to FSL instead of the Customer.
Appears in 1 contract
Sources: Client Agreement
Safekeeping of Securities. 25.1 Where Securities are not registered in the Customer's name, any dividends or other benefits arising in respect of such Securities shall, when received by FSL, be credited to the Customer's Account or paid or transferred to the Customer in accordance with the Securities and Futures (Client Securities) Rules (Cap.571H), as agreed with FSL. Where Securities form part of a larger holding of identical Securities held for FSL's clients, the Customer shall be entitled to the same share of the benefits arising on the holding as the Customer's share of the total holding.
25.2 6.1 Any Securities which are held by FSL BMI for safekeeping may, at FSL's BMI’s discretion:
(a) (in the case of registrable Securities) be registered in the Customer's Client’s name or in the name of FSL's BMI’s nominee; or
(b) be deposited deposited, at the Client’s costs, in a safe custody in a designated account with FSL's BMI’s bankers or with any other institution which provides facilities for the safe custody of documents. In the case of Securities in Hong Kong, such institution shall be acceptable to approved by the SFC as a provider of safe custody services.
25.3 In 6.2 Where Securities are not registered in the case Client’s name, any dividends or other benefits arising in respect of such Securities shall, when received by BMI, be credited to the Client’s Account or paid or transferred to the Client after deduction of the relevant charges, as agreed with BMI. Where the Securities form part of a purchase Transactionlarger holding of identical Securities held for the Clients, if the selling broker fails Client will be entitled to deliver the same share of the benefits arising on the settlement date holding as the Client’s share of the total holding.
6.3 The Client agrees to pay service charges upon the Account at such rates and FSL on such other terms as BMI has stipulated at its discretion and notified the Client from time to purchase Securities to settle time in respect of the Transaction, FSL shall not be responsible to the Customer safe custody services.
6.4 Save for the costs of such purchase.
25.4 FSL and FSL's nominee may hold any Securities on behalf of the Customer and are not bound to redeliver to the Customer the identical Securities received from or purchased for the Customer but may redeliver to the CustomerMargin Client, at the office at which the Account is kept, Securities of like quantity, type and description.
25.5 (Applicable to cash securities trading account only) FSL BMI as a broker who does not have the Customer's Client’s written authority under Section 7 pursuant to section 7(2) of the Securities and Futures (Client Securities) Rules (Cap.571H) under the Ordinance toshall not:
(a) deposit any of the Customer's Client’s Securities with a banking institution as collateral for an advance or loan made to FSLBMI, or with the Clearing House HKSCC as collateral for the discharge of FSL's BMI’s obligations under the clearing system;
(b) borrow or lend any of the Customer's Securities (unless prior written agreement has been entered between FSL and the Customer)Client’s Securities; and
(c) otherwise part with possession (except to the Customer Client or on the Customer's instructionsClient’s Instructions) of any of the Customer's Client’s Securities for any purpose.
25.6 FSL may at 6.5 Subject to settlement of all outstanding balances of any time require the Customer to collect the Securities and documents of title thereto by 30 days' notice in writing. If the Customer fails to collect the Securities and documents of title thereto from FSL within such period, FSL may, at FSL's discretion, sell all or any part of the Accounts owing to BMI (if any), Securities at such price and on such terms as FSL purchased for the Client will determine whether by public auction, private treaty or tender without incurring any liability be delivered to the Customer for any losses which may thereby arise. FSL's liability for Client provided that:
(a) such Securities shall be are fully discharged upon payment to the Customer from the proceeds of sale net of all expenses incurred in connection with the sale and other liabilities of the Customer to FSL whether pursuant to this Agreement or otherwise paid; and
(b) such Securities are not subject to any of the Customer's Account(s) with FSLlien.
25.7 Where the Customer has appointed a person as the Customer's agent to collect on the Customer's behalf Securities and documents of title thereto from FSL delivery of Securities and documents of title thereto by FSL into the possession of such agent shall discharge in full FSL's responsibilities regarding such Securities. An acknowledgement of receipt signed by the Customer's agent shall, in the absence of manifest error, constitute conclusive evidence against the Customer that the Securities listed or referred to in the acknowledgement have been delivered into the possession of the Customer notwithstanding that such agents may at the same time be FSL's employees or agents.
25.8 In relation to benefits accrued or losses incurred in respect of Securities in a pooled account, FSL shall credit or debit the Account with the proportion of such benefit or loss equal to the proportion of the total number or amount of Securities which shall comprise Securities held on the Customer's behalf. Where a fractional interest arises in respect of any security held in a pooled account, the Customer hereby agrees that the benefit of and such entitlement to such fractional interest shall accrue absolutely to FSL instead of the Customer.
Appears in 1 contract
Sources: Client Agreement
Safekeeping of Securities. 25.1 Where Securities are not registered in the Customer's ’s name, any dividends or other benefits arising in respect of such Securities shall, when received by FSLMSL, be credited to the Customer's ’s Account or paid or transferred to the Customer in accordance with the Securities and Futures (Client Securities) Rules (Cap.571HCap. 571H), as agreed with FSLMSL. Where Securities form part of a larger holding of identical Securities held for FSL's MSL’s clients, the Customer shall be entitled to the same share of the benefits arising on the holding as the Customer's ’s share of the total holding.
25.2 Any Securities which are held by FSL MSL for safekeeping may, at FSL's MSL’s discretion:
: (a) (in the case of registrable Securities) be registered in the Customer's ’s name or in the name of FSL's MSL’s nominee; or
or (b) be deposited in a safe custody in a designated account with FSL's MSL’s bankers or with any other institution which provides facilities for 13 the safe custody of documents. In the case of Securities in Hong Kong, such institution shall be acceptable to the SFC as a provider of safe custody services.
25.3 In the case of a purchase Transaction, if the selling broker fails to deliver on the settlement date and FSL MSL has to purchase Securities to settle the Transaction, FSL MSL shall not be responsible to the Customer for the costs of such purchase.
25.4 FSL MSL and FSL's MSL’s nominee may hold any Securities on behalf of the Customer and are not bound to redeliver to the Customer the identical Securities received from or purchased for the Customer but may redeliver to the Customer, at the office at which the Account is kept, Securities of like quantity, type and description.
25.5 (Applicable to cash securities trading account only) FSL MSL does not have the Customer's ’s written authority under Section 7 of the Securities and Futures (Client Securities) Rules (Cap.571HCap. 571H) under the Ordinance to:
: (a) deposit any of the Customer's ’s Securities with a banking institution as collateral for an advance or loan made to FSLMSL, or with the Clearing House as collateral for the discharge of FSL's MSL’s obligations under the clearing system;
; (b) borrow or lend any of the Customer's ’s Securities (unless prior written agreement has been entered between FSL MSL and the Customer); and
and (c) otherwise part with possession (except to the Customer or on the Customer's ’s instructions) of any of the Customer's ’s Securities for any purpose.
25.6 FSL MSL may at any time require the Customer to collect the Securities and documents of title thereto by 30 days' ’ notice in writing. If the Customer fails to collect the Securities and documents of title thereto from FSL MSL within such period, FSL MSL may, at FSL's MSL’s discretion, sell all or any part of the Securities at such price and on such terms as FSL MSL will determine whether by public auction, private treaty or tender without incurring any liability to the Customer for any losses which may thereby arise. FSL's MSL’s liability for such Securities shall be fully discharged upon payment to the Customer from the proceeds of sale net of all expenses incurred in connection with the sale and other liabilities of the Customer to FSL MSL whether pursuant to this Agreement or otherwise to any of the Customer's ’s Account(s) with FSLMSL.
25.7 Where the Customer has appointed a person as the Customer's ’s agent to collect on the Customer's ’s behalf Securities and documents of title thereto from FSL MSL delivery of Securities and documents of title thereto by FSL MSL into the possession of such agent shall discharge in full FSL's MSL’s responsibilities regarding such Securities. An acknowledgement of receipt signed by the Customer's ’s agent shall, in the absence of manifest error, constitute conclusive evidence against the Customer that the Securities listed or referred to in the acknowledgement have been delivered into the possession of the Customer notwithstanding that such agents may at the same time be FSL's MSL’s employees or agents.
25.8 In relation to benefits accrued or losses incurred in respect of Securities in a pooled account, FSL MSL shall credit or debit the Account with the proportion of such benefit or loss equal to the proportion of the total number or amount of Securities which shall comprise Securities held on the Customer's ’s behalf. Where a fractional interest arises in respect of any security held in a pooled account, the Customer hereby agrees that the benefit of and such entitlement to such fractional interest shall accrue absolutely to FSL MSL instead of the Customer.
Appears in 1 contract
Sources: Client Trading Agreement
Safekeeping of Securities. 25.1 Where Securities are not registered in the Customer's ’s name, any dividends or other benefits arising in respect of such Securities shall, when received by FSLMSL, be credited to the Customer's Account or paid or transferred to the Customer in accordance with the Securities and Futures (Client Securities) Rules (Cap.571HCap. 571H), as agreed with FSLMSL. Where Securities form part of a larger holding of identical Securities held for FSL's MSL’s clients, the Customer shall be entitled to the same share of the benefits arising on the holding as the Customer's ’s share of the total holding.
25.2 Any Securities which are held by FSL MSL for safekeeping may, at FSL's MSL’s discretion:
: (a) (in the case of registrable Securities) be registered in the Customer's ’s name or in the name of FSL's MSL’s nominee; or
or (b) be deposited in a safe custody in a designated account with FSL's MSL’s bankers or with any other institution which provides facilities for the safe custody of documents. In the case of Securities in Hong Kong, such institution shall be acceptable to the SFC as a provider of safe custody services.
25.3 In the case of a purchase Transaction, if the selling broker fails to deliver on the settlement date and FSL MSL has to purchase Securities to settle the Transaction, FSL MSL shall not be responsible to the Customer for the costs of such purchase.
25.4 FSL MSL and FSL's MSL’s nominee may hold any Securities on behalf of the Customer and are not bound to redeliver to the Customer the identical Securities received from or purchased for the Customer but may redeliver to the Customer, at the office at which the Account is kept, Securities of like quantity, type and description.
25.5 (Applicable to cash securities trading account only) FSL MSL does not have the Customer's ’s written authority under Section 7 of the Securities and Futures (Client Securities) Rules (Cap.571HCap. 571H) under the Ordinance to:
: (a) deposit any of the Customer's ’s Securities with a banking institution as collateral for an advance or loan made to FSLMSL, or with the Clearing House as collateral for the discharge of FSL's MSL’s obligations under the clearing system;
; (b) borrow or lend any of the Customer's ’s Securities (unless prior written agreement has been entered between FSL MSL and the Customer); and
and (c) otherwise part with possession (except to the Customer or on the Customer's ’s instructions) of any of the Customer's ’s Securities for any purpose.
. 25.6 FSL MSL may at any time require the Customer to collect the Securities and documents of title thereto by 30 days' ’ notice in writing. If the Customer fails to collect the Securities and documents of title thereto from FSL MSL within such period, FSL MSL may, at FSL's MSL’s discretion, sell all or any part of the Securities at such price and on such terms as FSL MSL will determine whether by public auction, private treaty or tender without incurring any liability to the Customer for any losses which may thereby arise. FSL's MSL’s liability for such Securities shall be fully discharged upon payment to the Customer from the proceeds of sale net of all expenses incurred in connection with the sale and other liabilities of the Customer to FSL MSL whether pursuant to this Agreement or otherwise to any of the Customer's Account(s) with FSLMSL.
25.7 Where the Customer has appointed a person as the Customer's agent to collect on the Customer's behalf Securities and documents of title thereto from FSL delivery of Securities and documents of title thereto by FSL into the possession of such agent shall discharge in full FSL's responsibilities regarding such Securities. An acknowledgement of receipt signed by the Customer's agent shall, in the absence of manifest error, constitute conclusive evidence against the Customer that the Securities listed or referred to in the acknowledgement have been delivered into the possession of the Customer notwithstanding that such agents may at the same time be FSL's employees or agents.
25.8 In relation to benefits accrued or losses incurred in respect of Securities in a pooled account, FSL shall credit or debit the Account with the proportion of such benefit or loss equal to the proportion of the total number or amount of Securities which shall comprise Securities held on the Customer's behalf. Where a fractional interest arises in respect of any security held in a pooled account, the Customer hereby agrees that the benefit of and such entitlement to such fractional interest shall accrue absolutely to FSL instead of the Customer.
Appears in 1 contract
Sources: Client Trading Agreement
Safekeeping of Securities. 25.1 Where Securities are not registered in the Customer's ’s name, any dividends or other benefits arising in respect of such Securities shall, when received by FSLMSL, be credited to the Customer's ’s Account or paid or transferred to the Customer in accordance with the Securities and Futures (Client Securities) Rules (Cap.571HCap. 571H), as agreed with FSLMSL. Where Securities form part of a larger holding of identical Securities held for FSL's MSL’s clients, the Customer shall be entitled to the same share of the benefits arising on the holding as the Customer's ’s share of the total holding.
25.2 Any Securities which are held by FSL MSL for safekeeping may, at FSL's MSL’s discretion:
: (a) (in the case of registrable Securities) be registered in the Customer's ’s name or in the name of FSL's MSL’s nominee; or
or (b) be deposited in a safe custody in a designated account with FSL's MSL’s bankers or with any other institution which provides facilities for the safe custody of documents. In the case of Securities in Hong Kong, such institution shall be acceptable to the SFC as a provider of safe custody services.
25.3 In the case of a purchase Transaction, if the selling broker fails to deliver on the settlement date and FSL MSL has to purchase Securities to settle the Transaction, FSL MSL shall not be responsible to the Customer for the costs of such purchase.
25.4 FSL MSL and FSL's MSL’s nominee may hold any Securities on behalf of the Customer and are not bound to redeliver to the Customer the identical Securities received from or purchased for the Customer but may redeliver to the Customer, at the office at which the Account is kept, Securities of like quantity, type and description.
25.5 (Applicable to cash securities trading account only) FSL MSL does not have the Customer's ’s written authority under Section 7 of the Securities and Futures (Client Securities) Rules (Cap.571HCap. 571H) under the Ordinance to:
: (a) deposit any of the Customer's ’s Securities with a banking institution as collateral for an advance or loan made to FSLMSL, or with the Clearing House as collateral for the discharge of FSL's MSL’s obligations under the clearing system;
; (b) borrow or lend any of the Customer's ’s Securities (unless prior written agreement has been entered between FSL MSL and the Customer); and
and (c) otherwise part with possession (except to the Customer or on the Customer's ’s instructions) of any of the Customer's ’s Securities for any purpose.
. 25.6 FSL MSL may at any time require the Customer to collect the Securities and documents of title thereto by 30 days' ’ notice in writing. If the Customer fails to collect the Securities and documents of title thereto from FSL MSL within such period, FSL MSL may, at FSL's MSL’s discretion, sell all or any part of the Securities at such price and on such terms as FSL MSL will determine whether by public auction, private treaty or tender without incurring any liability to the Customer for any losses which may thereby arise. FSL's MSL’s liability for such Securities shall be fully discharged upon payment to the Customer from the proceeds of sale net of all expenses incurred in connection with the sale and other liabilities of the Customer to FSL MSL whether pursuant to this Agreement or otherwise to any of the Customer's ’s Account(s) with FSLMSL.
25.7 Where the Customer has appointed a person as the Customer's agent to collect on the Customer's behalf Securities and documents of title thereto from FSL delivery of Securities and documents of title thereto by FSL into the possession of such agent shall discharge in full FSL's responsibilities regarding such Securities. An acknowledgement of receipt signed by the Customer's agent shall, in the absence of manifest error, constitute conclusive evidence against the Customer that the Securities listed or referred to in the acknowledgement have been delivered into the possession of the Customer notwithstanding that such agents may at the same time be FSL's employees or agents.
25.8 In relation to benefits accrued or losses incurred in respect of Securities in a pooled account, FSL shall credit or debit the Account with the proportion of such benefit or loss equal to the proportion of the total number or amount of Securities which shall comprise Securities held on the Customer's behalf. Where a fractional interest arises in respect of any security held in a pooled account, the Customer hereby agrees that the benefit of and such entitlement to such fractional interest shall accrue absolutely to FSL instead of the Customer.
Appears in 1 contract
Sources: Client Trading Agreement
Safekeeping of Securities. 25.1 Where Securities are not registered in the Customer's name, any dividends or other benefits arising in respect of such Securities shall, when received by FSL, be credited to the Customer's Account or paid or transferred to the Customer in accordance with the Securities and Futures (Client Securities) Rules (Cap.571H), as agreed with FSL. Where Securities form part of a larger holding of identical Securities held for FSL's clients, the Customer shall be entitled to the same share of the benefits arising on the holding as the Customer's share of the total holding.
25.2 6.1 Any Securities which are held by FSL OPSL for safekeeping may, at FSLOPSL's discretion:
(a) (in the case of registrable Securities) be registered in the CustomerClient's name or in the name of FSLOPSL's nominee; or
(b) be deposited deposited, at the Client’s costs, in a safe custody in a designated account with FSLOPSL's bankers or with any other institution which provides facilities for the safe custody of documents. In the case of Securities in Hong Kong, such institution shall be acceptable to approved by the SFC as a provider of safe custody services.
25.3 In 6.2 Where Securities are not registered in the case Client's name, any dividends or other benefits arising in respect of such Securities shall, when received by OPSL, be credited to the Client's Account or paid or transferred to the Client after deduction of the relevant charges, as agreed with OPSL. Where the Securities form part of a purchase Transactionlarger holding of identical Securities held for the Clients, if the selling broker fails Client will be entitled to deliver the same share of the benefits arising on the settlement date holding as the Client's share of the total holding. 客戶協議書 | 2017/2.0_APRIL 2017
6.3 The Client agrees to pay service charges upon the Account at such rates and FSL on such other terms as OPSL has stipulated at its discretion and notified the Client from time to purchase Securities to settle time in respect of the Transaction, FSL shall not be responsible to the Customer safe custody services.
6.4 Save for the costs of such purchase.
25.4 FSL and FSL's nominee may hold any Securities on behalf of the Customer and are not bound to redeliver to the Customer the identical Securities received from or purchased for the Customer but may redeliver to the CustomerMargin Client, at the office at which the Account is kept, Securities of like quantity, type and description.
25.5 (Applicable to cash securities trading account only) FSL OPSL as a broker who does not have the CustomerClient's written authority under Section 7 pursuant to section 7(2) of the Securities and Futures (Client Securities) Rules (Cap.571H) under the Ordinance toshall not:
(a) deposit any of the CustomerClient's Securities with a banking institution as collateral for an advance or loan made to FSLOPSL, or with the Clearing House HKSCC as collateral for the discharge of FSLOPSL's obligations under the clearing system;
(b) borrow or lend any of the CustomerClient's Securities (unless prior written agreement has been entered between FSL and the Customer)Securities; and
(c) otherwise part with possession (except to the Customer Client or on the CustomerClient's instructionsInstructions) of any of the CustomerClient's Securities for any purpose.
25.6 FSL may at 6.5 Subject to settlement of all outstanding balances of any time require the Customer to collect the Securities and documents of title thereto by 30 days' notice in writing. If the Customer fails to collect the Securities and documents of title thereto from FSL within such period, FSL may, at FSL's discretion, sell all or any part of the Accounts owing to OPSL (if any), Securities at such price and on such terms as FSL purchased for the Client will determine whether by public auction, private treaty or tender without incurring any liability be delivered to the Customer for any losses which may thereby arise. FSL's liability for Client provided that:
(a) such Securities shall be are fully discharged upon payment to the Customer from the proceeds of sale net of all expenses incurred in connection with the sale and other liabilities of the Customer to FSL whether pursuant to this Agreement or otherwise paid; and
(b) such Securities are not subject to any of the Customer's Account(s) with FSLlien.
25.7 Where the Customer has appointed a person as the Customer's agent to collect on the Customer's behalf Securities and documents of title thereto from FSL delivery of Securities and documents of title thereto by FSL into the possession of such agent shall discharge in full FSL's responsibilities regarding such Securities. An acknowledgement of receipt signed by the Customer's agent shall, in the absence of manifest error, constitute conclusive evidence against the Customer that the Securities listed or referred to in the acknowledgement have been delivered into the possession of the Customer notwithstanding that such agents may at the same time be FSL's employees or agents.
25.8 In relation to benefits accrued or losses incurred in respect of Securities in a pooled account, FSL shall credit or debit the Account with the proportion of such benefit or loss equal to the proportion of the total number or amount of Securities which shall comprise Securities held on the Customer's behalf. Where a fractional interest arises in respect of any security held in a pooled account, the Customer hereby agrees that the benefit of and such entitlement to such fractional interest shall accrue absolutely to FSL instead of the Customer.
Appears in 1 contract
Sources: Client Agreement