REGULATIONS OF INVESTMENT ACCOUNTS SERVICE
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2 LiteForex Group of Companies hereinafter referred to as Company offers a service package, hereinafter called Investment Accounts Service in the manner and conditions described in these Regulations Registration of a Registration of a Client's Profile and opening of the accounts, designed for operation within the scope of Investment Accounts Service, will serve as confirmation of full and unconditional acceptance by the Client of all terms and conditions described in these Regulations Terms and definitions Investment account Investor's sub account within scope of PAMM account; all funds gained as a result of Manager's trading operations are credited to this account Investments to the Investment Account are transferred from the personal account of Investor Investment Account of Manager is a sub account of Manager within PAMM account opened by Manager; all Manager's Funds are credited to this account Investments are funds deposited by Investor to their Investment Account, enabling him/her to work with the selected PAMM account and receive potential profit Investor is an individual or legal entity, registered in Client's Profile who wishes to invest funds into PAMM accounts as proposed to him in accordance with these Regulations Client's Profile is a secure Web-site designed to provide interface of Client and Company in compliance with the software algorithm, located at Manager's capital is a fund transferred by Manager to his/her Investment Account as a guarantee of his/her obligations before InvestorsThe Manager s capital must be at least 10% of the total amount of managed funds Company is a legal entity responsible for transactions and making all necessary payments to clients in accordance with these Regulations Investor's personal account is an account created by Investor when registering as a user of a Investment Accounts Services in Client's Profile Personal account is used to transfer funds to Investment account when Investor decides to join one of the PAMM accounts When Investor withdraws from PAMM account, funds of Investment account are transferred back into personal account of Investor Monitoring is performed by a software tool to review the history of the account, its current status and some calculated parameters of PAMM accounts
3 Offer is a formalized set of parameters in the Client's Profile, which helps Manager to determine percentage share of profit made by Participants, with the help of PAMM account created by Manager It includes: Amount of Manager's fee in percentage of the profit amount gained at the Investment account; Fee of Investor's Partner calculated in percentage of the amount of Manager's fee; Amount of fee of Manager's Partner calculated in percentage of the amount of Manager's fee after settlement with Partner of Investor Share is an indicator of PAMM account which determines ownership interest of each Investor in PAMM account, calculated in the currency of PAMM in accordance with a Formula, indicated later in these Regulations Investor' Partner is an individual or legal entity who receives compensation from a share of Manager's fee for attracting Investors to participate in the account PAMM, created by Manager Number of clients attracted by Investor' Partner is specified with the help of referrals (UID) The amount of compensation to Investor's Partner is determined by Manager when he/she makes an offer Fee of Investor's Partner is credited to the account, which he/she opens with the Company Manager's Partner is an individual or legal entity who receives compensation from a share of Manager's fee for providing Manager with background information or software required for his/her work The amount of the compensation is determined by Manager when he/she enters PAMM account in Client's Profile Rollover is a financial procedure, which under these Regulations means the end of the trading interval and beginning of mutual settlements of participants of PAMM accounts Investment Accounts Service offered by Company is a service which implements a mechanism of asset management of Investors' combined capital and distribution of profit online with the help of mixed technology (PAMM + LAMM) PAMM account is a combination of several investment accounts, which are considered as an integrated unit at the trading platforms It includes: Trading account of Manager, which is used by him/her to conduct trading operations; Investment account of Manager where he/she keeps funds; Investment accounts which are used to accumulate funds transferred by Investors Value of the share is an indication reflecting results of work carried by Manager with the help of the account excluding balance operations It is calculated as follows: Value of the share = yield+100 When PAMM account is opened, the value of the share is determined to be equal to 100 EU (in accordance with the currency of the account)
4 Trading interval is a time period between the last and the last but one rollover Trading account of Manager as part of the PAMM account is opened when Client logs-in to Clients' Profile as Manager, and is designed for trading operations At the moment of opening PAMM account, the amount of the trading account equals to 25,000 conventional units Balance and Funds of the Manager's trading account are not included in the total equity of the PAMM accounts Manager is an individual or legal entity registered in the Client's Profile and wishing to render services of trust management of Investors' funds in the PAMM account which he/she opens in accordance with these Regulations If you find a term in these Regulations which is not described above, definitions described in the Agreement of Public Offer of Company shall govern in the manner specified in paragraphs 96 and 97 of these Regulations 1 General provisions 11 These Regulations specify terms of providing Investment Accounts Service, as part of capital trust management Company is responsible for quality of services provided in the manner described herein Company does not deal with asset management and is not responsible for the trading results of Managers 12 Investment Accounts Service is designed to transfer Investment accounts to Manager for committing trading operations in accordance with Agreement on Quotations and order of trading operations on behalf of Investors PAMM account is considered as an integrated unit at the trading platforms 13 The Manager is an agent of the Investor in relation to the Managed Account and does not provide trust management of the Investor s funds 14 All trading operations on PAMM account are carried out only by Manager Manager has no access to Investors' accounts Investor is unable to conduct any trading operations 15 All non-trading operations (depositing, withdrawal of funds) from Investment Accounts, excluding Investment Account of Manager, are conducted only by Investors 16 All settlements between participants of the PAMM account in the period of Rollover are made with the help of software, developed by Company Company guarantees correctness of calculations If rollover failed due to technical failure, it will be carried out as soon as the failure is eliminated and functions of services are restored to full capacity 17 Company reserves the right to change provisions of these Regulations in whole or in part with prior notification of Clients, in the established order within not less than 5 calendar days before changes come into effect Any amendments adopted by Company are binding from the moment they come into effect
5 18 Company communicates with Client with the help of the following (in priority order): 181 Mailing with the help of software used in Meta Trader 182 ing Company assumes that address specified by Client during registration in Clients' Profile is effective and belongs to Client 183 Announcements in the relevant sections in the resources owned by Company Main resource is Internet site located at SMS messages (only if this option is available in the Client's Profile) 2 Guarantees of Manager; Capital of Manager; Monitoring 21Manager registers his personal Profile He carries out all non-trading operations with the help of facilities provided by the Client's Profile As a guarantee that Manager presents interests of Investors, he/she deposits his/her funds into Investment Account of Manager 22 Manager has the right to change the size of his/her funds by only increasing the amount Investment Account of Manager is not entitled to bonuses or commissions Therefore, they are neither calculated nor paid 23 Funds of the Investment Account of Manager which are less or equal to the capital of Manager will be returned to Manager only upon liquidation of the PAMM account 24 Upon opening of his/her Investment Account, Manager offers potential Investors to create their Investment accounts as part of PAMM account, he shows details of his/her Investment account in Monitoring Such proposal is an open offer with parameters available in the Clients' Profile 25 A set of parameters which is part of the Offer includes calculations of the amounts of remunerations from the amount of profit accumulated on the Investment account during trading interval for Manager, Manager's Partner, Investor's Partner 26 Offer is not a contract and does not impose any liabilities to Manager, Investor, or Partners of Manager or Investor Acceptance of the Offer by Investor means that he/she agrees to make investments to one of the PAMM accounts, selected by him under conditions,specified by Manager 27 Monitoring of the existing proposals is made by reviewing the Investment accounts of Manager in the Internet resources owned by Company Company guarantees accuracy of the mapping parameters of PAMM accounts Company is not responsible for the accuracy of the monitoring data on the resources which Company does not own or sponsor
6 3 Rollovers and Trading Intervals for PAMM Accounts 31 Trading intervals are time periods of a Manager's performance Rollover is a procedure which terminates each trading interval 32 Rollover begins when order is made by Manager or Investor from Clients' Profile and can take several minutes (depending on the load of the trading server at any given time) At the same time calculations are made and remunerations are accrued to appropriate accounts in the amounts appropriate for Manager, Investor's Partner and Manager's Partner (s) 321 If rollover is initiated by Manager, settlement is made with all investors, and partners of the PAMM account 322 If rollover is initiated by Investor settlement is made with Investor who started rollover, Manager, Investor's Partner and Manager's Partner (s) 33 Trading interval starts at the moment of depositing funds by Investor into Investment account 34 Duration of the trading interval is specified by Investor for his/her Investment account and by Manager for PAMM account including all investors' PAMM Accounts and equals the time period between the last rollover and the last but one 4 Procedure of depositing and withdrawal of funds from Investment account 41 All non-trading operations (depositing/withdrawal of funds) are carried out in accordance with standard procedure and with the help of facilities available in Clients' Profile 42 To ensure money transfer into PAMM account, Investor opens personal account Money to the Investment account opened by Investor is transferred from his/her personal account 43 Top up procedure involves withdrawal of funds from Investor's personal account and transfer of money to Investment account If currencies of the accounts are different, market quotation of the currency exchange will be used 44 Funds which are withdrawn from Investment account can be only transferred into personal account of Investor If currencies of the accounts are different, market quotation of the currency exchange will be used 45 Request for depositing or withdrawal of funds becomes irrevocable when investor confirms his/her intention in the Client's Profile 46 After accomplishing all depositing or withdrawal operations, the Investment account of Manager shall have funds not less than Manager's Capital
7 5 Affiliate program 51 Affiliate program of the Investment Accounts Service of the Company consists of two types of interface between Partner and Manager: 511 Investor's Partner receives a share from Managers' remuneration gained from profit atthe Investment account of the attracted Investor The amount of remuneration for Investor's Partner is determined by Manager and is equal for all Investor's Partners for a particular PAMM account 512 Manager's Partner receives a share from Manager's remuneration gained from profit accrued in all Investments accounts within PAMM Account The amount of Manager's Partner remuneration is calculated in percentage from Manager's remuneration after settlement with Investor's Partners The amount of the remuneration for Manager's Partners is determined by Manager personally for each Partner of Manager 52 To participate in the affiliate program of the Investment Accounts Service of Company, Partner shall register in the manner and on terms established by Agreement, available on the official website of Company at: 53 As soon as Investor has registered, the Company assigns him/her to a Partner whose referral link (UID) was used for opening of the Investment account 54 Manager registers his/her Partner additionally in the Client's Profile When Manager registers Partner, he/she can establish the amount of Partner's remuneration individually Number of Manager's Partners within particular PAMM account is limited by total size of fee, established for them, which shall not exceed 100% of the total amount of all registered Partners of Manager 55 Procedure of settlement with Manager's Partners and Investor's Partners is defined in Section 6 of these Regulations Remuneration to Investor's Partner and Manager's Partner is deposited to respective accounts immediately after withdrawal of Manager's remuneration from Investment account 6 Settlements and transfers for PAMM Account and Investment Accounts 61Company developed the following procedure to calculate the balance of Investment Account: when Investor deposits funds into Investment Account, his/her contribution into PAMM account is calculated as his/her share Number of shares which Investor purchases when he/she joins PAMM Account is defined as follows: Number of Investor' shares= Total invested funds/ value of share at the time of investment 611 Every deposit into Investment Account increases Fund of Investment Account by the amount of credit 612 Fund of Investment Account decreases with every withdrawal by the amount of withdrawal if balance is less or equals to the funds of Investment Account
8 613 If funds are withdrawn, the balance of Investment Account decreases in proportion to the withdrawn funds in case if balance exceeds funds of Investment Account 614 Every trading interval resulting in profit, increases balance by the amount of Investor's profit after the payout for Manager was done Investor's profit is calculated as follows: P (Investor's Profit)= Number of Investor's shares* (Value of share at the end of trading interval- Value of share at the beginning of trading interval) 62 Company establishes the followingprocedure for calculating funds of the Investment Account (hereinafter Funds ): 621 Fund of Investment Account increases or decreases after each trading operation by the amount of profit/loss of the transaction 622 When remuneration is paid to Manager, Fund decreases by the amount of remuneration 623 Investment Account increases by the amount of deposit each time depositing into Investment Account is made 624 Every withdrawal decreases the Fund by the amount of withdrawal 63 Company calculates the amount of Manager's remuneration with the help of the following formula: MP (Manager's Profit) = Number of Investor's shares * (price of share at the end of trading interval-price of share at the beginning of trading interval) * (% of Manager's remuneration/100) 64 Manager's Profit is accrued into his Investment Account only after settlement with Partners 65 The amount of Investor's Partner remuneration is calculated as follows: IPP (Investor's Partner's Profit)= Manager's profit *% of Investor's Partner's remuneration/ Manager's Partner's remuneration is calculated by Company with the help of Formula: MPP (Manager's Partner Profit) = (Manager's profit-investor's Partner's Profit) * % of remuneration for Manager's Partner/ The amount of Manager's remuneration from profit is provided by Company in accordance with conditions, specified by Manager when he/she placed an Offer If positive profit, remuneration to Manager is paid: 671 At the end of Trading Interval at the Investment Account;
9 672 In case of closing of Investment Account; 673 If PAMM account is liquidated 68 Transfer of funds for PAMM participants into their respective accounts is carried by Company on the day of settlement 7 Closing (Liquidation) of PAMM Account 71 Liquidation or closing of PAMM Account can be conducted by Company in case of violation of requirements if these Regulations or by Manager upon his initiative In this case: 711 Liquidation of PAMM account automatically entails elimination of all Investment Accounts within a particular PAMM account and their transfer into non-trading (archive) groups 712 Liquidation of PAMM account automatically entails closure of all open operations (orders) at the current price at the time of execution of liquidation order on Company's server 72 Request for liquidation of PAMM Account is executed immediately as soon as Manager accomplishes all procedures required in Clients' Profile This process is irrevocable 73 The company has a right to liquidate cleint's PAMM account, informing the client about it in advance, if profiatbility is equal or less than -95% 8 Responsibilities of Parties involved in the Services of Investment Accounts 81 Parties commit themselves to comply with requirements of legislation of their country of residence, including but not limited to tax and currency regulations 82 Parties shall ensure that they provide reliable data and copies of authentic documents required during registration of Clients' Profiles and verification 83 Parties are obliged to read, understand and accept: 831 Terms and conditions of all regulatory documents of Company available on the official site of Company such as: Treaty of Public Offer, Agreement on system of quotation and order of trading operations, Money laundering policy, Risks Disclosure, Confidential Policy, and these Regulations of Investment Accounts 832 Consequences of their actions regarding implementations of provisions of these Regulations
10 84 Manager is committed to settle all issues arising from his activity related to this Services of Investment Accounts by himself and at his own expense in the event of any claims from the third parties 85 Parties shall comply with requirements of confidential access to information including key data of their accounts Access with the help of Investors' password to the accounts which are incorporated into PAMM account is not allowed even for review Company is not responsible for unauthorized access to registration data by third parties 86 Company reserves the right to remove Manager's data from monitoring in case of violation of requirements of these Regulations 87 Company will be obliged to remove an account from the monitoring table or delete it upon detection or on suspicion of fraud 88 Parties are banned from using logo, brand name and trademarks of Company or to make promises or guarantees or make statements with respect to any payments on behalf of Company 89 Parties commit themselves not to bind Company with any obligations to any third parties or to make commitments on behalf of Company Parties do not have the right without consent of Company to make publications (newsletters, notes, articles, letters, Forum messages,including but not limited to the above) in mass media, or in the available web resources (including but not limited to internet portals, forums, blogs) or facilitate in their creation or publication 9 Risks and other conditions 91 Company presumes that Investors and Manager understand and accept provisions of Risk Disclosure located on Company's site Company does not provide guarantees of gaining profit Positive results of Manager's work in the past, cannot guarantee positive trading results in the future 92 Investors, Manager and Partners of Investment Accounts Service shall understand and accept possibility of financial loss, in the form of direct damages or loss of profit when dealing with Services of Investment Accounts 921 Company does not guarantee that Manager has appropriate level of knowledge and experience sufficient to manage Investors' funds Company cannot guarantee absence of fraud in regards to Investors funds on behalf of Manager, or that he/she will represent Investors interests 922 Company does not guarantee the possibility of financial losses resulting from ignorance or misinterpretation of provisions of these regulations or other Company's documents by Manager, Manager's Partners or Investors 923 Company does not guarantee that there is no risk of loss if third parties obtain access to PAMM account, or if Manager loses control; over the account, or if Company or Manager liquidates PAMM account
11 924 Company does not guarantee absence of financial loss in case of undue claim from Manager to Company regarding trading operations on Investment Account which arise from disputable situations, in a manner described in section 7 of Treaty of Public Offer and in case of unforeseen delays in money transfers between accounts, or in case of delays in depositing/withdrawal requests or requests for closure/liquidation of Investment Account 93 Company is not liable before Investors, Manager, or their Partners in case of situations described in paragraphs of these Regulations and in case of situations described in Section 6 Treaty of Public Offer and will not compensate for direct material loss or loss of profit 94 Company does not rule out possibility of additional contract between Company and Investors; all additional contracts related to these Regulations can be made with the help of mail, , facsimile or other means of communication enabling to confirm that additional contract is made by Company or Investor 95 If interpretation of some provisions of these Regulations cause confusion, or in case of controversy of its compliance with Legislation, all other provisions of these Regulations have full force and effect 96 In case of controversies or ambiguous interpretation of terms in these Regulations definitions of these Regulations will have priority over definitions in other documents of Company 97 In case of disputes, provisions of these regulations shall have first priority, other documents of Company shall have second priority and Rules of generally accepted international practice of business, governing in this field of business shall have third priority 98 Due to the work of Manager with PAMM accounts, amendments are made in paragraphs 62 and 63 of the Treaty of Public Offer of Company Deadline of Manager's claims to Company is reduced to 24 hours from the moment of dispute, time period of consideration of a dispute by Company is reduced to 48 hours from the moment of Manager's application Procedure for filing the claim to Company by Manager must be consistent with the paragraph 62 of the Treaty of Public Offer LiteForex 2011, Aug 26
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