The Internet Brokerage Registration Form Handal Application Form

Transcription

1 H A N D A L. A E The Online Brokerage by Daman 800 HANDAL The Internet Brokerage Registration Form Handal Application Form Account Name: DFM: National Investor Number Trading Account Number ADSM: National Investor Number Trading Account Number Address: P.O. Box: City: Area/Postal Code: Country: Mobile: Home Tel: Fax: copyright 2006 Daman. All rights reserved. Page 1 of 9

2 INTERNET BASED BROKERAGE SERVICES AGREEMENT TERMS AND CONDITIONS This Internet Based Brokerage Services Agreement, dated as of, is made and entered into by and between: First party: Daman Securities L.L.C. a limited liability company duly formed and validly existing under the regulations of the Abu Dhabi Securities Market, The Dubai Financial Market and the UAE, having address at P.O. Box 9436 Dubai, represented herein signing this contract by Mr.... And (Hereinafter referred to as the COMPANY ) Second Party: Name Nationality.... Address... Correspondence address (if Different)... ID/Passport No. Issued at... Phone Mobile... Fax ID.. Preamble: (Hereinafter referred to as the CLIENT ) Whereas the COMPANY is a brokerage firm specializing in buying and selling of securities and shares, stocks and other listed securities in the Abu Dhabi Securities Market and\or Dubai Financial Market. AND, Whereas the CLIENT is desirous of purchasing or selling these securities through the COMPANY, and they have an agreement between themselves for the same. And, Whereas the COMPANY shall provide Internet Based Services to the CLIENT; NOW THEREFORE they have decided to enter into this INTERNET BASED BROKERAGE SERVICES AGREEMENT (hereinafter referred to as Agreement ) and agree upon between each other to the following: DEFINITIONS In this Agreement the following definitions shall apply: Company: Client: System: Daman Securities LLC which is a member in good standing of the Abu Dhabi Securities Market and the Dubai Financial Market and regulated by SCA. A person or a group of persons (joint account/s) or a company or institution with the desire to buy or sell (stocks & bonds or other listed securities) through internet based trading system provided by the Company according to an agreement. Internet based trading system which provides the Client with the means to place buy / sell orders electronically through the internet. copyright 2006 Daman. All rights reserved. Page 2 of 9

3 ESCA mean: Stock Exchange/s: Effective Date: Securities & Commodities Authority, United Arab Emirates The Abu Dhabi Securities Market and/or the Dubai Financial Market Date of signing of this Agreement Article 1: The above-mentioned preamble and Definitions shall be considered as an integral part of this Agreement and shall be read and construed therewith. Article 2: OBLIGATIONS OF THE COMPANY The COMPANY shall provide the following services to the CLIENT in accordance with this Agreement: 1. Providing brokerage services through Internet trading Basic Services: the basic services to be offered by the COMPANY pursuant to this Agreement, subject always to the terms and conditions hereof, shall be as follows: Administration: to open and administer a portfolio account for the Client in order to permit him\ her\ them to place orders over the internet to Abu Dhabi securities market and Dubai Financial market Means of Execution: to provide the Client with an access to an internet based trading system, which will allow the Client to place orders with the Exchange in accordance with the set systems and procedures as outlined by the Stock Exchange/s. 2. ORDERS: 2.1. Order Confers authorization: by giving an order on the internet system, the Client unconditionally and irrevocably accepts the resulting deal with any brokers, custodian or counterparties, to execute and deliver any documents; to make or receive cash payments and to take any other action which may be deemed necessary or appropriate by the Company in order to give effect to transactions undertaken pursuant to such execution Order execution: Client (s) understands that with respect to market orders, the Client will receive the price at which their order was actually executed in the marketplace, which may be different from the price at which the security is traded when their order is entered into the system Purchase of Securities: to process orders to purchase securities, it is necessary that the Client s account contains buying power or (sufficient funds) before the execution of an order. Any order inadvertently accepted and executed without sufficient buying power or (sufficient funds) will be automatically stopped by the system and shall be subject to cancellation or liquidation at the Company s discretion. However, the Client is responsible for all of his/her/their orders, including any orders, which exceed the available limits set in his\her\their account. If the limits are not available in the account and an order is processed, the Client should credit the required fund in his\her\their account with the Company by a personal cheque, cashier s cheque or money order or account transfer, promptly to assure that such transfer is allowed within the limitation of law and subject to reporting in correlation with anti-money laundering acts of the United Arab Emirates and the directives of ESCA. Payments will be received and processed on or prior to settlement date. If payment is not received by settlement date, the Client s position may be squared off, without prior notification. In the event his account is liquidated, the Client will be liable for any resulting losses and all associated costs incurred by the Company Sale of Securities: to process orders to sell securities, it is necessary that the Client s account contains sufficient free securities balance prior to the acceptance of a sell order. The proceeds of all sales will be credited to the Client s account with the Company. If the securities are not received on the trade date or securities received are not in deliverable state or due to any other reason whatsoever, the Client is not able to deliver securities, the sale position will be covered and closed by repurchasing of the outstanding position. Consequently, the Client will be responsible for any resulting losses and all associated costs including penalties levied by the Stock Exchange. copyright 2006 Daman. All rights reserved. Page 3 of 9

4 ARTICLE 3: DISCLOSURE OF RISK 3.1 Acknowledgement of risk: in the light of the risks involved the Client should undertake transactions only if he understands the nature of the contractual relationship into which he is entering and the extent of his exposure to risk. The Client confirms his knowledge that investment in equity shares or other instruments traded on the Stock Exchange, known as risk capital is generally not an appropriate avenue for someone of limited resources/limited investment capability and/or trading experience and low risk tolerance. The Client should therefore carefully consider whether such trading is suitable for him/her/them in the light of his/her/their financial condition. He\she\they will be solely responsible for any losses resulting from trading in any instruments on the Stock Exchange/s and the Company shall not be responsible, in any manner whatsoever, for any losses whatsoever. Further, any losses will not be open for any plea that no adequate disclosure regarding the risks involved was made or that he\she\they was not explained the full risk involved by the concerned member. The Client shall be solely responsible for the consequences and no contract can be rescinded on that account. The Client must acknowledge and accept that there can be no guarantee of profits or no exception from losses while executing orders for purchase and/or sales of securities or any other financial instruments traded under this Agreement. 3.2 Risks related to Internet based trading: the Company shall provide the Client with the means to access the system on the Company s website provided that the Client has the proper computer systems required to access such services. The Company will advise the Client of the minimum system requirements for connectivity but is in no way responsible for connectivity between the Client and the Company website or the Client and The Stock Exchange/s. The Company shall also advice the client regarding protecting his\her\their password from any misuse or mishandling, the client shall abide by the password protection suggestions by the Company The Client hereby acknowledges his/her/their awareness and acceptances of all risks related to such services such as: Security risks in relation to the interference or system breach by hackers or any unauthorized third party; Risks related to the loss of password or the use of the Client s password by a third party or any unauthorized persons with or without the Client s knowledge or by mishandling the password; Risks related to the malfunction of the trading system or delays in execution or placement of orders on the Stock Exchange or loss of orders through communication; The refusal or rejection of order by the Stock Exchange for any reason whatsoever; The refusal or rejection of order by the Company; The risks of duplication or repetition of the order placed through the system intentionally by the Client due to double posting or misplacing of the order; Risks of improperly defined orders and failure to properly fill in the order form; Risks related to computer viruses which could be a consequence of the failure from the service provider or from the systems of the Company or from the Client s systems or any other source; The possible incompatibility of the Client s system with the trading system; Any other system related risks that are not mentioned above and commonly identified by acceptable industry professionals. ARTICLE 4: LIMITATION ON THE COMPANY S LIABILITY 4.1 Neither the Company nor any affiliate of the Company, nor any of the Company s directors nor any of its affiliate groups respective directors, officers, employees or agents shall be liable to the Client for any losses, damages, costs, expenses or other liabilities suffered by the Client, due to the Client s use of the trading system provided by the Company. This will include but not be limited to: The interference or breach of system by hackers or any third party which would result in the alteration or false placement of the Client s orders. The Company will assume no liability to compensate or reverse orders placed through the System and all orders herewith placed under the login / password of the Client shall be considered binding and final Liabilities arising from the loss of password or use of password by third party or unauthorized persons or mishandling of password or negligence about password protection. The Client shall be copyright 2006 Daman. All rights reserved. Page 4 of 9

5 solely responsible for the use of the password and assumes this responsibility from the date of the receipt of password Any malfunction in the trading system for any reasons such as program failures or service provider interruptions or virus attacks or other incidents which could result in the delay or failure to execute, modify, cancel or loss of order through communication The refusal or rejection or non-fulfillment of an order by the Stock Exchange/s The Company will retain the right to decline any order should the Company interpret the order as improper or likely to jeopardize the Company s financial position or in contradiction with laws and regulations of the Stock Exchange/s The Client is solely responsible for duplicate orders placed though the System intentionally or un-intentionally due to double posting or misplacing of the order Any losses resulting from improperly defined orders or the failure to properly fill an order form by the Client Any other system related liabilities that are not mentioned above and commonly identified by acceptable industry professionals which are not attributable to a technical defect in the System. ARTICLE 5: EVENT OF DEATH OR INSOLVENCY OF THE CLIENT In the event of death or insolvency of the Client or of his\her\their otherwise becoming incapable of receiving and paying for or delivering or transferring securities which the Client has orders to be bought or sold, the Company may close out the transaction of the Client and the Client or his\her\their legal representatives, heirs or assigns shall be liable for any losses and costs and be entitled to any surplus which may result therefrom. ARTICLE 6: AMENDMENT/ALTERATION OF THE AGREEMENT The Company may amend the terms and condition of this Agreement and/or the fee schedule and/or any supplementary agreements made hereunder by sending to the Client a written notice describing the relevant changes. Such changes will become effective after the expiration of ten (10) days from the date of dispatch by the Company. No amendment to the Agreement shall affect any outstanding orders or transactions or any legal rights or obligations which may already have arisen. ARTICLE 7: EXCHANGE RULES AND REGULATIONS All transactions for the Client are subject to the constitution, rules, regulations, bylaws, interpretations, customs and usages of the Stock Exchange/s where the transactions are executed. The governing law shall be that of the United Arab Emirates in all cases. ARTICLE 8: TRADING DAYS The Client understands that instructions may be carried out only on such days and at such times when the Company and the relevant markets are open for business. ARTICLE 9: CONFIDENTIALITY 9.1 Confidentiality: details of the Portfolio and transactions undertaken for the account of the Client in relation thereto shall be treated by the Company as confidential, except to the extent that information is disclosed (a) pursuant to any applicable law regulation or code of conduct (b) by order of a court of law (c) in response to an inquiry by an exchange or any regulatory or other governmental authority concerning information reasonably required by them in the course of their official duties, and subject to assurances that such information will be used only for the purposes specified and will otherwise be kept confidential. copyright 2006 Daman. All rights reserved. Page 5 of 9

6 9.2 Disclosure of relationship: the Company may disclose details of the Client s relationship with the Company to third parties with whom the Company deals in the performance of the agreed trading services on behalf of the Client for their confidential and internal use and/or as a requirement of processing transactions on behalf of the Client. The Client understands that such information may then become subject to disclosure under the laws of other jurisdictions. ARTICLE 10: FEES AND CHARGES 10.1 Fees: for the services provided under this Agreement, the Company shall charge fees as specified and communicated to the Client from time to time in the Company s fee schedule attached hereto. The Company reserves the right to amend its fees in accordance with Clause (6) of this Agreement Other charges: the Client shall be responsible for all expenses, fees or other costs or liabilities incurred by the Company in connection with the operation of the account such as penalties levied as per laws and regulations of the Stock Exchange/s, such other charges may include, without limitation: (A) Any judgment, settlement or other costs and expenses, including legal costs, incurred in connection with any actual or threatened action or proceedings relating to the account; (B) All taxes which may be due or payable on the investments and the income attributable to the portfolio; (C) Registration and other fees, stamp duty, brokerage and other charges payable in respect of the acquisition and sale of investments; (D)All other costs and expenses reasonably incurred by the Company in connection with the account, including but without limitation to sub-custodian and agency fees or others if applicable 10.3 Payment: the Client shall pay to the Company on a monthly basis and also on the day upon which the portfolio account is closed, an amount equal to the total of all fees and other charges payable to the Company as aforesaid and not previously debited to the account. The Company is hereby authorized to debit the portfolio account with the amount of all such fees and charges, and the Client hereby irrevocably authorized the Company to require payment by any custodian or sub-custodian hereunder of all amounts due to the Company hereunder. All payments due from the Client shall be grossed up to take account of any withholding taxes or other deductions so that the Company or any other counter party to the transaction (payee) receives the gross amount due. ARTICLE 11: GOVERNING LAWS This agreement shall be governed and construed in accordance with the laws applicable in the Stock Exchange/s and the United Arab Emirates. ARTICLE 12: TERMINATION OF AGREEMENT 12.1 Termination of Agreement: This Agreement may be terminated by the Client or the Company at any time and for any reasons upon (7) days written notice. The Company shall have the right to limit the Client s access or cancel as a whole his/her/their access to the trading system or to the web site as a whole if the Client breaches the terms and conditions of this Agreement Future Effect: Termination of this Agreement shall be without prejudice to the execution or completion of transactions already initiated. The Company shall be entitled to receive all fees and other sums due under this Agreement to the date of termination and shall be compensated by the Client for all losses realized in settling or concluding outstanding obligations, and all costs and expenses incurred in effecting termination and the Company is hereby authorized to deduct from the assets in the portfolio account such amounts as it believes necessary to pay all outstanding fees, and other charges and if necessary, to sell investments to satisfy and cover such amounts. ARTICLE 13:UNDERSTANDING OF THIS AGREEMENT The Client acknowledges having read and understood this Agreement and having been given the opportunity to ask questions about it and agrees that this Agreement will govern the Client s relationship with the Company. copyright 2006 Daman. All rights reserved. Page 6 of 9

7 IN WITNESS WHEREOF this Agreement has been signed by two counter parties in duplicate, one copy is retained by each party. For and on behalf of The Company For The Client Authorized Signature.. Authorized Signature Daman Officer Name (please print)..... Account Holder Name (please print) Date. Date copyright 2006 Daman. All rights reserved. Page 7 of 9

8 H A N D A L. A E The Online Brokerage by Daman 800 HANDAL Dear Customer, We are in the process of converting our customers signature records to electronic format. To facilitate this, we kindly request you to complete the signature form on the next page with full details, including signatures of all authorized signatories to your account in the boxes provided, and the signing rules/instructions (in case of more than one signatory). Please note that these should match the signatures and signing instructions for your account that you have already provided to us earlier. Thank you For Daman Securities LLC DISCLAIMER: Please note that this and the next page are not part of the Internet Based Brokerage Agreement. copyright 2006 Daman. All rights reserved. Page 8 of 9

9 SIGNATURE FORM Client ID (For internal use only) Customer Name ADSM Trading No. (Leave blank if a new account) DFM Trading No. (Leave blank if a new account) منوذج التوقيع رقم التعريف اخلاص بالعميل )لألستخدام الداخلي لضمان فقط( إسم العميل رقم التداول في سوق أبوظبي لألوراق املالية )للحسابات اجلديدة الرجاء عدم تعبئة أرقام التداول( رقم التداول في سوق دبي املالي )للحسابات اجلديدة الرجاء عدم تعبئة أرقام التداول( New جديد Amendment تعديل Addition إضافة نوع احلساب Account Types Signature التوقيع Signatory املوقع Individual منفرد Joint مشترك Authorised مفوض Joint مشترك Single منفرد Proxy وكيل Corporate, please specify شركة الرجاء اإلختيار LLC ذ.م.م. Private Foundation مؤسسة فردية Partnership شركة تضامن األسم NAME األسم NAME 1 2 األسم NAME األسم NAME 3 4 Signing rules / Restrictions تعليمات/قيود التوقيع التعليمات املتبعة )صاحب/أصحاب احلساب( Rules authorised by (account holder/s) رحل Passed دقق Checked فحص Scanned املدير Manager املوظف Staff Important notes تعليمات مهمة 1. تعبئة النموذج بحروف واضحة مستعمل احلبر األسود 2. التوقيع/التوقيعات أو البصمة/البصمات بداخل املربع املرقم 3. املربعات الغير مستعملة يجب أن تشطب التاريخ Date التاريخ Date 1. Form to be completed in CAPITAL letters using BLACK INK 2. Signature(s) or thumb impression(s), to be within the numbered box 3. Unutilised signature boxes must be blocked off copyright 2006 Daman. All rights reserved. Page 9 of 9