Common use of Safekeeping of Securities Clause in Contracts

Safekeeping of Securities. 9.1 Any Securities which are held by the Company for safekeeping may, at the Company’s discretion, (a) (in the case of registrable Securities) be registered in my/our name or in the name of the Company’s nominee; or (b) be deposited in safe custody in a designated account with the Company’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. 9.2 Where Securities are not registered in my/our name(s), any dividends or other benefits arising in respect of such Securities shall, when received by the Company, be credited to my/our Account or paid or transferred to me/us, as agreed with the Company. Where the Securities form part of a larger holding of identical Securities held for the Company’s clients, I/we shall be entitled to the same share of the benefits arising on the holding as my/our share of the share holding. 9.3 Unless the Company have obtained my/our written consent, it does not have my/our written authority to : (a) deposit any of my/our Securities with a banking institution as collateral for an advance or loan made to the Company, or with HKSCC as collateral for the discharge of the Company’s obligations under the clearing system; (b) borrow or lend any of my/our Securities; or (c) otherwise part with possession (except to me/us or on my/our Instructions) of any of my/our Securities for any purpose.

Appears in 2 contracts

Sources: Securities Trading Margin Client Agreement, Securities Trading Margin Client Agreement

Safekeeping of Securities. 9.1 Any Securities which are held by the Company for safekeeping may, at the Company’s discretion, (a) (in the case of registrable Securities) be registered in my/our name or in the name of the Company’s nominee; or (b) be deposited in safe custody in a designated account with the Company’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. 9.2 Where Securities are not registered in my/our name(s), any dividends or other benefits arising in respect of such Securities shall, when received by the Company, be credited to my/our Account or paid or transferred to me/us, as agreed with the Company. Where the Securities form part of a larger holding of identical Securities held for the Company’s clients, I/we shall be entitled to the same share of the benefits arising on the holding as my/our share of the share holding. I/We acknowledge that fractional entitlements to bonus Securities shall be disregarded and will not be distributed to me/us. 9.3 Unless the Company have obtained my/our written consent, it does not have my/our written authority to : (a) deposit any of my/our Securities with a banking institution as collateral for an advance or loan made to the Company, or with HKSCC as collateral for the discharge of the Company’s obligations under the clearing system; (b) borrow or lend any of my/our Securities; or (c) otherwise part with possession (except to me/us or on my/our Instructions) of any of my/our Securities for any purpose.

Appears in 1 contract

Sources: Securities Trading Margin Client Agreement

Safekeeping of Securities. 9.1 4.1 Any Securities securities which are held by the Company you for safekeeping may, at the Company’s discretion, (a) your discretion • (in the case of registrable Securitiessecurities) be registered in my/our name or in the name of the Company’s your nominee; or (b) or • be deposited in safe custody in a designated account with the Company’s bankers your banker or with any other institution which provides facilities for the safe custody of documents. In the case of Securities securities in Hong Kong, such institution shall be acceptable to the SFC as a provider of safe custody services. 9.2 4.2 Where Securities securities are not registered in my/our name(s)name, any dividends or other benefits arising in respect of such Securities securities shall, when received by the Companyyou, be credited to my/our Account or paid or transferred to me/us, as agreed with the Companyyou. Where the Securities securities form part of a larger holding of identical Securities securities held for the Company’s your clients, I/we shall be entitled to the same share of the benefits arising on the holding as my/our share of the share total holding. 9.3 Unless 4.3 I/We acknowledge and agree that all securities held for the Company have obtained Account shall be subject to a general lien in your favour, for the performance of my/our written consent, it does obligations to you arising in respect of dealing in securities for me/us. 4.4 I/We expressly authorize that you have the right without notice to me/us to dispose my/our securities for the purpose of settling any liability owed by me/us to you to or your associated entity. 4.5 You do not have my/our written authority to : under Section 7 of Securities and Futures (aClient Securities) Rule to:- • deposit any of my/our Securities securities with a banking an authorized financial institution as collateral for an advance financial accommodation provided to you; or loan made to the Company• deposit any of my/our securities with: (i) a recognized clearing house; or (ii) another intermediary licensed or registered for dealing in securities, or with HKSCC as collateral for the discharge and satisfaction of the Company’s your settlement obligations under the clearing system; (b) borrow or lend any of my/our Securities; or (c) otherwise part with possession (except to me/us or on my/our Instructions) of any of my/our Securities for any purpose.and liabilities

Appears in 1 contract

Sources: Cash Client's Agreement

Safekeeping of Securities. 9.1 5.1 Any Securities securities which are held by the Company MAGUSTA for safekeeping may, at the CompanyMAGUSTA’s discretion, (a) Discretion:  (in the case of registrable Securitiessecurities) be registered in my/our the Client’s name or in the name of the CompanyMAGUSTA’s nominee; or (b) nominee or  be deposited in safe custody in a designated account with the CompanyMAGUSTA’s bankers authorized financial institutions or with any other institution which provides facilities for the safe custody of documents. In the case of Securities securities in Hong Kong, such institution shall be acceptable to the SFC as a provider of safe custody services. 9.2 5.2 Where Securities securities are not registered in my/our name(s)the Client’s name, any dividends or other benefits arising in respect of such Securities securities shall, when received by the CompanyMAGUSTA, be credited to my/our the Client’s Account or paid or transferred to me/usthe Client, as agreed with the CompanyMAGUSTA. Where the Securities form securities from part of a larger holding of identical Securities securities held for the CompanyMAGUSTA’s clients, I/we Clients. The Client shall be entitled to the same share of the benefits arising on the holding as my/our the Client’s share of the share total holding. 9.3 Unless the Company have obtained my/our written consent, 5.3 MAGUSTA confirms that it does do not have my/our the Client’s written authority to : under Securities and Futures (aClient Securities Rule) to:  deposit any of my/our Securities the Client’s securities with a banking institution as collateral for an advance or loan made to the CompanyMAGUSTA, or with HKSCC the Clearing House as collateral for the discharge of the CompanyMAGUSTA’s obligations under the clearing system; (b) ;  borrow or lend any of my/our Securities; or (c) the Client’s Securities or  otherwise part with possession (except to me/us the Client or on my/our Instructionsthe Client’s instructions) of any of my/our Securities the Client’s securities for any purpose.

Appears in 1 contract

Sources: Securities Cash Trading Agreement

Safekeeping of Securities. 9.1 Any Securities which are securities deposited by me/us with you and/or purchased by you on my/our behalf, and held by the Company you for safekeeping may, at the Company’s discretion,your discretion be either:- (ai) (in the case of registrable Securities) be registered in my/our name or in the name of your nominee (including, for the Company’s nomineeavoidance of doubt, any overseas nominee in circumstances where transactions in securities hereunder take place outside the HKSAR); or (bii) be deposited in safe custody in a designated account with the Company’s bankers your banker or with any some other institution which provides facilities for approved by the safe custody of documents. In Securities and Futures Commission (“the case of Securities in Hong Kong, such institution shall be acceptable to the SFC as a provider of safe custody servicesSFC”). 9.2 Where Securities securities are not registered in my/our name(s)name, (subject to any applicable law) any dividends or other benefits arising in respect of such Securities securities shall, when received by the Companyyou, be credited to my/our the Account or paid or transferred to me/us, as agreed with the Companyyou. Where the Securities securities form part of a larger holding of identical Securities securities held for the Company’s your clients, I/we shall be entitled to the same share of the benefits arising on the holding as my/our share of the share total holding. 9.3 Unless the Company have obtained You shall not, without my/our prior written consentauthority, it does not have my/our written authority to : (a) deposit any of my/our Securities securities with a banking institution third parties as collateral for an advance or loan made financial accommodation provided to the Company, or with HKSCC as collateral for the discharge of the Company’s obligations under the clearing system; (b) borrow you or lend or otherwise part with (except as provided in Clause 9.1 above) the possession of any such securities for any purpose. This provision does not affect your right to dispose of my/our Securities; or (c) otherwise part with possession (except to securities for the purpose of settling any liability owed by me/us or on my/our Instructions) of any of my/our Securities for any purposeto you under this Agreement.

Appears in 1 contract

Sources: Client Agreement