Annexure - 1 ACCOUNT OPENING KIT INDEX S.No. Name of the Document Brief Significance of the Document Page No MANDATORY DOCUMENTS AS PRESCRIBED BY SEBI & EXCHANGES 1 Account Opening Form A. KYC form - Document captures the basic information about the constituent and an instruction/check list. 03-09 B. Document captures the additional information about the constituent relevant to trading account and an instruction/check list. 10-13 2 Rights and Obligations Document stating the Rights & Obligations of stock broker/trading member, 14-18 sub-broker and client for trading on exchanges (including additional rights & obligations in case of internet/wireless technology based trading). 3 Risk Disclosure Document (RDD) Document detailing risks associated with dealing in the securities market. 19-22 4 Guidance Note Document detailing do s and don ts for trading on exchange, for the education of the investors. 23-24 5 Policies and Procedures Document describing significant policies and procedures of the stock broker 25 6 Tariff Sheet Document detailing the rate/amount of brokerage and other charges levied 26 on the client for trading on the stock exchange(s) VOLUNTARY DOCUMENTS AS PROVIDED BY THE STOCK BROKER 7 Personal Information Personal Information of clients 02 8 NSDL Demat Account Opening Agreement To avail NSDL depository services 27-28 9 CDSL Demat Account Opening Agreement To avail CDSL depository services 29-30 10 Schedule of Charges for Charges for availing depository services 31 Depository services 11 DCN agreement for Demat Account Agreement between the depository participant and the client for providing the statements or communications through internet only 32 12 Margin Trading Agreement To avail Margin Trading facility 33-37 13 Margin Trading POA Power of Attorney for availing Margin Trading facility 39-40 14 Additional Terms and Conditions for Broking and Other Products & To avail value added products and services from Geojit BNP Paribas 41-65 Services 15 Power of Attorney for Broking and Other Products & Services Power of Attorney in favour of Geojit BNP Paribas to operate client s demat account/mutual fund/ipo 67-69 16 Pledge Agreement For pledging shares 71-73 17 Running Account Authorization by client to retain funds/securities in trading account to meet settlement obligations 74 18 NRI Undertaking To create awareness about RBI rules and regulations 74 19 Client Authorization to Third party Client authorization to third party 75 20 Undertaking from clients on For availing exposure against demat holdings on the F&O segment 76 the F&O segment Geojit BNP Paribas Financial Services Ltd. SEBI Reg. No & Date Exchange NSE Cash NSE F&O NSE CDS BSE Cash BSE F&O MCX-SX Trading/Clearing INB231337230 INF231337230 INE231337230 INB011337236 INF011337237 INF261337230 Date 02.04.2009 02.04.2009 02.04.2009 05.05.2009 22.05.2009 20.11.2008 Member Code 13372 13372 13372 328 328 1102 Depository NSDL - IN DP-NSDL-24-97, date: 17.03.2002 CDSL - IN-CDSL-387-2007, date : 03.01.2007 AMFI ARN 0098, Date: 09.05.2007 Port Follio Manager INP000003203, Date : 11.06.2009 Reg. Office/Correspondence Address: 5th Floor, Finance Tower, Kaloor, Kochi - 682017 Phone: 0484-2405501/2/3 Fax: 0484 2405618 Website: www.geojitbnpparibas.com Compliance officer name, phone & email id: Mr. Vipin G S, 0484 2405501, vipings@geojit.com CEO name, phone no & email id: Mr. C J George, 0484 2405501, md@geojit.com For any grievance/dispute please contact Geojit BNP Paribas Financial Services Ltd at the above address or email id grievances@geojit.com and Phone: 91-484-2405501. In case not satisfied with the response, please contact the concerned exchange(s) at the contact details given below: Exchange Department Email ID Phone No. National Stock Exchange of India Ltd Investor Grievance Cell ignse@nse.co.in 022-26598190 Bombay Stock Exchange Ltd Investor Services is@bseindia.com 022-22728138 MCX Stock Exchange Limited Investor Complaints investorcomplaints@mcx-sx.com 022-67319000 1
PERSONAL INFORMATION Share your Personal information with us and WIN exciting GIFTS!! NON - MANDATORY No. of Dependants Total Earning Total Monthly Income Rs. Members in Family (Family) Insurance Cover Yourself Yes No Your Family Yes No Medical Insurance Cover Yourself Yes No Your Family Yes No Credit Cards How Many Credit Cards do you have Debit Cards How Many Debit Cards do you have House Own Home Loan Yes No Rent Parents No. of Property Property Value Do you own Car Motor Bike Vehicle Loan No. of Cars / Vehicles a Vehicle Investments Shares Mutal Fund Bonds Debentures Kisan Vikas Patra NSC Fixed Deposit Gold Real Estate Commodity Cash Others Loan Requirement Yes No If Yes Amount Rs. Would you like to Do you have Financial participate in Investor Yes No Responsibility Yes No Education Programs of your family Would you like to recommend Geojit BNP paribas to your friends/family? If yes, please provide the following information: 1. Name of person : Contact Number : 2. Name of person: Contact Number : 3. Name of person: Contact Number : 4. Name of person: Contact Number : 2
Trading: Annexure - 2 CDSL: Annexure - 2.1 NSDL: Annexure - J Local / Permanent Address (sub mit valid proof of address) KNOW YOUR CLIENT (KYC) APPLICATION FORM 3 For Individuals/Sole Proprietorship/ Partnership/HUF Type of Trading Account Ordinary Resident NRI-Repatriable NRI-Non-Repatriable Sole Proprietor Partnership HUF Others (please specify)... Please fill the details in CAPITAL LETTERS only. Strike off whichever is not applicable. Sole/First Holder s Details (Fill correctly, Name once captured in Demat account cannot be changed.) Whether trading account is required in this holder s name? Yes No A. IDENTITY DETAILS Name of the Applicant B. ADDRESS DETAILS Correspondence/Foriegn Address (sub mit valid proof of address) Please read the instructions/checklist given in Page No. 8 and 9 before filling the application. I/We request you to open the following account(s) in my/our name as per the following details. (Please tick only one of the following options) Trading Account and NSDL Demat Account Trading Account and CDSL Demat Account Trading Account only NSDL Demat Account only CDSL Demat Account only DP IDs: NSDL: IN300239 IN301637 CDSL: 12048900 Client ID (To be filled by Participant) Type of Demat Account Ordinary Resident NRI-Repatriable NRI-Non-Repatriable Margin Promoter HUF Others (please specify)... Father sname Spouse Name Gender Male Female Marital status Single Married Date of birth Status Resident Individual Non Resident Foreign National Nationality PAN Provide a self-attested copy of PAN card and original for verification City/town/village Pin Code State Country Contact Details Tel. (Off.) Tel. (Res.) Fax D D M M Y Y Y Y Mobile No.: Email id SMS Facility (This facility is made mandatory to register Power of Attorney in demat account* Yes No Specify the proof of address submitted for correspondence/foreign address City/town/village Pin Code State Country Specify the proof of address submitted for local/permanent address * NRIs and Foreign Nationals are exempted from this mandatory requirement C. OTHER DETAILS UID/ Aadhaar, if any Specify the proof of Identity submitted Gross Annual Income Income Range per annum Below Rs 1 Lac 1-5 Lac 5-10 Lac 10-25 Lac >25 Lacs Details (please specify) Or Net-worth as on (date) D D M M Y Y Y Y (*Net worth should not be older than 1 year) Occupation (please tick any Private Sector Public Sector Government Service Business Professional one and give brief details) Agriculturist Retired Housewife Student Others Name of Employer/ Establishment
Designation Address Period of Service City: State: Country: PIN CODE: Contact Details Phone: Fax: Email: Please tick, if applicable Politically Exposed Person (PEP) Related to a Politically Exposed Person (PEP) Any other information Other Holder Deatils - Second Holder (Fill correctly, Name once captured in Demat account cannot be changed.) Whether trading account is required in this holder s name? Yes No D. IDENTITY DETAILS Name of the Applicant Father sname Spouse Name Gender Male Female Marital status Single Married Date of birth Status Resident Individual Non Resident Foreign National Nationality PAN Provide a self-attested copy of PAN card and original for verification E. ADDRESS DETAILS Correspondence/Foriegn Address (sub mit valid proof of address) City/town/village Pin Code State Country Contact Details Tel. (Off.) Tel. (Res.) Fax Mobile No.: Email id SMS Facility (This facility is made mandatory to register Power of Attorney in demat account* Yes No Specify the proof of address submitted for correspondence/foreign address Local / Permanent Address (sub mit valid proof of address) City/town/village Pin Code State Country Specify the proof of address submitted for local/permanent address * NRIs and Foreign Nationals are exempted from this mandatory requirement F. OTHER DETAILS UID/ Aadhaar, if any Specify the proof of Identity submitted 4 D D M M Y Y Y Y Gross Annual Income Income Range per annum Below Rs 1 Lac 1-5 Lac 5-10 Lac 10-25 Lac >25 Lacs Details (please specify) Or Net-worth as on (date) D D M M Y Y Y Y (*Net worth should not be older than 1 year) Occupation (please tick any Private Sector Public Sector Government Service Business Professional one and give brief details) Agriculturist Retired Housewife Student Others Name of Employer/ Establishment
Designation Address Period of Service City: State: Country: PIN CODE: Contact Details Phone: Fax: Email: Please tick, if applicable Politically Exposed Person (PEP) Related to a Politically Exposed Person (PEP) Any other information Other Holder Deatils - Third Holder (Fill correctly, Name once captured in Demat account cannot be changed.) Whether trading account is required in this holder s name? Yes No G. IDENTITY DETAILS Name of the Applicant Father sname Spouse Name Gender Male Female Marital status Single Married Date of birth Status Resident Individual Non Resident Foreign National Nationality PAN Provide a self-attested copy of PAN card and original for verification H. ADDRESS DETAILS Correspondence/Foriegn Address (sub mit valid proof of address) City/town/village Pin Code State Country Contact Details Tel. (Off.) Tel. (Res.) Fax Local / Permanent Address (sub mit valid proof of address) 5 D D M M Y Y Y Y Mobile No.: Email id SMS Facility (This facility is made mandatory to register Power of Attorney in demat account* Yes No Specify the proof of address submitted for correspondence/foreign address City/town/village Pin Code State Country Specify the proof of address submitted for local/permanent address * NRIs and Foreign Nationals are exempted from this mandatory requirement I. OTHER DETAILS UID/ Aadhaar, if any Specify the proof of Identity submitted Gross Annual Income Income Range per annum Below Rs 1 Lac 1-5 Lac 5-10 Lac 10-25 Lac >25 Lacs or Details (please specify) Or Net-worth as on (date) D D M M Y Y Y Y (*Net worth should not be older than 1 year) Occupation (please tick any Private Sector Public Sector Government Service Business Professional one and give brief details) Agriculturist Retired Housewife Student Others Name of Employer/ Establishment
Designation Address Period of Service J. GUARDIAN DETAILS (In case the Sole Holder is a minor). - Applicable for Demat Account only Name (Mr./Ms.) Relationship (if any) City: State: Country: PIN CODE: Contact Details Phone: Fax: Email: Please tick, if applicable Politically Exposed Person (PEP) Related to a Politically Exposed Person (PEP) Any other information Date of Birth* (of Minor) PAN Provide a copy of the PAN card and original for verification D D M M Y Y Y Y Address (Submit valid Proof of Address) *Provide attested copy of Birth Certificate. Building/Tower/Appartment/Palace/Chamber/Mansion Street/Road/Marg/Lane/Avenue/Rasta Area Name CityName PIN CODE: K. BANK DETAILS FOR DEMAT ACCOUNT Bank A/c No. Bank Sub-type Savings Account Current Account Others... Bank Name (Full name) Bank Branch Address (Write as per the manner discribed) PIN CODE: 9-Digit Code Number of the Bank and branch appearing on the MICR cheque issued by the Bank (Submit valid proof) IFSC Number In case of NRIs, RBI Reference No.* RBI Approval Date D D M M Y Y Y Y *Submit PIS permission copy obtained from bank. L. STANDING INSTRUCTIONS FOR DEMAT ACCOUNT I/We authorise you to receive credits automatically into my/our account Yes No Account to be operated through Power of Attorney (PoA) (If yes, ensure SMS alert facility is opted.) Yes No I/We authorise you to send all communications/statements through the e-mail only* Yes No Address for communication/corporate Benefits (Default option is Local Address) Local/Permanent Address Correspondence Address/Foreign Address *All communication shall be sent at the e-mail Id/correspondence address of the Sole/First holder only. Please ensure the correctness of e-mail address. Also see the agreement in page no. 32. Photograph of Sole/Trading Account Holder/ Photograph of Second Holder Photograph of Third Holder First Holder or Minor or Guardian in case sole holder is Minor Paste here a recent passport size photograph of the first holder/trading account holder and he/she must sign halfway across the photograph and application form sign across Paste here a recent passport size photograph of the second holder/guardian and he/she must sign halfway across the photograph and application form sign across Paste here a recent passport size photograph of the third holder and he/she must sign halfway across the photograph and application form sign across 6
M. DECLARATION The rules and regulations of the Depository and Depository Participants/Capital Market pertaining to an account which are in force now have been read by me/us and I/we have understood the same and I/we agree to abide by and to be bound by the rules as are in force from time to time for such accounts. I/We also declare that the particulars given by me/us are true to the best of my/our knowledge as on the date of making such application and I/we undertake to inform you of any changes therein, immediately. I/We further agree that any false/ misleading information given by me or suppression of any material fact will render my account liable for termination and further action. I/ we understand and acknowledge the fact that I/we am/are at liberty to withdraw all or any of the information provided by me/us and the same shall be made by me/us in writing. I/we confirm and accept that such withdrawal shall entitle you to withdraw all or any of the services provided to me/us under the account opening documentation. NRI Declaration I/We, declare that I/we have complied and shall continue to abide by the rules and regulations under Foreign Exchange Management Act (FEMA)-1999 while operating the demat account with you. I/We also hereby declare that all the securities held by me/us and being purchased by me/us are subject to the necessary permission/s granted/being obtained from the RBI as per the rules and guidelines framed under the FEMA. Whenever there is a change in residential address I/we shall inform the DP. Date: D D M M Y Y Y Y Sole/First Holder in Demat Account/ Trading Account Holder in case of Trading Account only or Guardian (in case of minor) (Mr./Ms.) Second Holder in Demat Account (Mr./Ms.) Third Holder in Demat Account (Mr./Ms.) Names(s) of holder(s) Signature(s) (Full signature required) (Full signature required) (Full signature required) *Thumb impressions and signatures other than English or Hindi or any of the other language not contained in the 8th Schedule of the Constitution of India must be attested by a Magistrate or a Notary Public or a Special Executive Magistrate. FOR OFFICE USE ONLY (Originals verified) True copies of documents received (Self-Attested) Self Certified Document copies received Signature of the Branch Manager Date: Seal/Stamp of Geojit BNP Paribas 7
INSTRUCTIONS/CHECK LIST FOR FILLING KYC FORM GENERAL GUIDELINES 1. Application should be filled in ENGLISH and preferably in CAPITAL LETTERS. 2. Please ensure that the form is properly filled in legible handwriting so as to avoid errors in your application processing. Please do not overwrite. Corrections should be made by canceling and re-writing, and such corrections should be authenticated by all applicants with their full signatures. 3. Strike-off unused columns and fields. Tick the appropriate boxes wherever applicable. 4. Applications incomplete in any respect and/or not accompanied by required documents are liable to be rejected. 5. Please mention the complete address as it appears in the Proof of Address submitted. 6. Originals of documents should be produced for verification along with self-attested copies of documents. 7. In case of demat account, all communications shall be sent at the address of the Sole/First Holder only. In case of email, it shall be forwarded to the First/Sole holder email only. 8. SMS facility is mandatory to register Power of Attorney in Demat Account. NRIs, and Foreign Nationals are exempted from this mandatory requirement. 9. Please affix full signature wherever mark is found and is indicated full signature required. 10. The applicant(s) should submit a valid Proof of Identity (POI) and Proof of Address (POA) - local/correspondence/ foreign as the case may be. Refer B & C for the list of documents admissible for this purpose. 11. In case of joint demat accounts, Proof of Identity and Proof of Address must be submitted in respect of all account holders. 12. In case of demat accounts, the Depository Participant may ask for additional documents for establishing the identity of the applicant(s) to ensure safety and integrity of the depository system. A. IMPORTANT POINTS: 1. Self attested copy of PAN card is mandatory for all clients, including Promoters/Partners/Karta/Trustees and whole time directors and persons authorized to deal in securities on behalf of company/firm/others. 2. Copies of all the documents submitted by the applicant should be self-attested and accompanied by originals for verification. In case the original of any document is not produced for verification, then the copies should be properly attested by entities authorized for attesting the documents, as per the below mentioned list. 3. If any proof of identity or address is in a foreign language, then translation into English is required. 4. Name & address of the applicant mentioned on the KYC form, should match with the documentary proof submitted. 5. If correspondence & permanent address are different, then proofs for both have to be submitted. 6. Sole proprietor must make the application in his individual name & capacity. 7. For non-residents and foreign nationals, (allowed to trade subject to RBI and FEMA guidelines), copy of passport/ PIO Card/OCI Card and overseas address proof is mandatory. 8. In case of Merchant Navy NRI s, Mariner s declaration or certified copy of CDC (Continuous Discharge Certificate) is to be submitted. 9. For opening an account with Depository participant or Mutual Fund, for a minor, photocopy of the School Leaving Certificate/Mark sheet issued by Higher Secondary Board/Passport of Minor/Birth Certificate must be provided. 10. Politically Exposed Persons (PEP) are defined as individuals who are or have been entrusted with prominent public functions in a foreign country, e.g., Heads of States or of Governments, senior politicians, senior Government/judicial/ military officers, senior executives of state owned corporations, important political party officials, etc. 11. Partnership firm: Copy of the balance sheets for the last 2 financial years (to be submitted every year). Certificate of registration (for registered partnership firms only). Copy of partnership deed. Authorised signatories list with specimen signatures. Photograph, POI, POA, PAN of Partners. 8
12. HUF: PAN of HUF. Deed of declaration of HUF/ List of coparceners. Bank pass-book/bank statement in the name of HUF. Photograph, POI, POA, PAN of Karta. B. PROOF OF IDENTITY (POI): - List of documents admissible as Proof of Identity: 1. Unique Identification Number (UID) (Aadhaar)/ Passport/ Voter ID card/ Driving license. 2. PAN card with photograph. 3. Identity card/ document with applicant s Photo, issued by any of the following: Central/State Government and its Departments, Statutory/Regulatory Authorities, Public Sector Undertakings, Scheduled Commercial Banks, Public Financial Institutions, Colleges affiliated to Universities, Professional Bodies such as ICAI, ICWAI, ICSI, Bar Council etc., to their Members; and Credit cards/debit cards issued by Banks. C. PROOF OF ADDRESS (POA): - List of documents admissible as Proof of Address: (*Documents having an expiry date should be valid on the date of submission.) 1. Passport/ Voters Identity Card/ Ration Card/ Registered Lease or Sale Agreement of Residence/ Driving License/ Flat Maintenance bill/ Insurance Copy. 2. Utility bills like Telephone Bill (only land line), Electricity bill or Gas bill - Not more than 3 months old. 3. Bank Account Statement/Passbook Not more than 3 months old. 4. Self-declaration by High Court and Supreme Court judges, giving the new address in respect of their own accounts. 5. Proof of address issued by any of the following: Bank Managers of Scheduled Commercial Banks/Scheduled Co-Operative Bank/Multinational Foreign Banks/Gazetted Officer/Notary public/elected representatives to the Legislative Assembly/Parliament/Documents issued by any Govt. or Statutory Authority. 6. Identity card/document with address, issued by any of the following: Central/State Government and its Departments, Statutory/Regulatory Authorities, Public Sector Undertakings, Scheduled Commercial Banks, Public Financial Institutions, Colleges affiliated to Universities and Professional Bodies such as ICAI, ICWAI, ICSI, Bar Council etc., to their Members. 7. For FII/sub account, Power of Attorney given by FII/sub-account to the Custodians (which are duly notarized and/or apostiled or consularised) that gives the registered address should be taken. 8. The proof of address in the name of the spouse may be accepted. D. EXEMPTIONS/CLARIFICATIONS TO PAN (*Sufficient documentary evidence in support of such claims to be collected.) 1. In case of transactions undertaken on behalf of Central Government and/or State Government and by officials appointed by Courts e.g. Official liquidator, Court receiver etc. 2. Investors residing in the state of Sikkim. 3. UN entities/multilateral agencies exempt from paying taxes/filing tax returns in India. 4. SIP of Mutual Funds upto Rs 50, 000/- p.a. E. LIST OF PEOPLE AUTHORIZED TO ATTEST THE DOCUMENTS: 1. Notary Public, Gazetted Officer, Manager of a Scheduled Commercial/ Co-operative Bank or Multinational Foreign Banks (Name, Designation & Seal should be affixed on the copy). 2. In case of NRIs, authorized officials of overseas branches of Scheduled Commercial Banks registered in India, Notary Public, Court Magistrate, Judge, Indian Embassy /Consulate General in the country where the client resides are permitted to attest the documents. 9
Annexure - 3 TRADING AND DEMAT ACCOUNT RELATED DETAILS A. BANK ACCOUNT DETAILS FOR TRADING (Please see intsruction No. 2 in page 13) Bank Name Branch address For Individuals/Sole Proprietorship/Partnership/HUF Bank account no. Account Type: Saving/Current/ Others/In case of NRI/NRE/NRO MICR Number IFSC Number B. DEPOSITORY ACCOUNT DETAILS (Please see intsruction No. 3 in page 13) Depository Depository Name Beneficiary DP ID Beneficiary ID Participant Name (NSDL/CDSL) Name (BO ID) C. TRADING PREFERENCES *Please sign in the relevant boxes where you wish to trade. The segment not chosen should be struck off by the client. Exchanges Segments Cash (Full signature required) Currency Derivative (Full signature required) NSE F&O (Full signature required) Debt Market (Full signature required) Mutual Fund (MFSS) (Full signature required) BSE Cash (Full signature required) Currency Derivative (Full signature required) F&O (Full signature required) Debt Market (Full signature required) MCX-SX Currency Derivative (Full signature required) # If, in future, the client wants to trade on any new segment/new exchange, separate authorization/letter should be taken from the client by the stock broker. 10
D. DOCUMENTARY EVIDENCE OF FINANCIAL DETAILS FOR DERIVATIVE CLIENTS (For Derivatives Trading) Copy of Tax Return Salary Certificate Net Worth Certificate Bank Statement Others, Please Specify for the last 6 months... E. PAST ACTIONS Details of any action/proceedings initiated/pending/ taken by SEBI/ Stock exchange/any other authority against the applicant/ constituent or its Partners/promoters/whole time directors/authorized persons in charge of dealing in securities during the last 3 years F. DEALINGS THROUGH SUB-BROKERS AND OTHER STOCK BROKERS If client is dealing through the sub-broker, provide the following Sub-broker s Name: NSE SEBI Registration number BSE SEBI Registration number Registered office address Phone Fax Website Whether dealing with any other stock broker/sub-broker (if case dealing with multiple stock brokers/sub-brokers, Name of stock broker Client Code Details of disputes/dues pending from/to such stock broker/sub- broker Name of Sub-Broker, if any Exchange G. ADDITIONAL DETAILS Whether you wish to receive Electronic Contract Note or Physical Contract Note (ECN) please specify Specify your Email id, if applicable Whether you wish to avail of the facility of internet trading/ wireless technology (please specify) Number of years of Investment/Trading Experience In case of sole proprietor/partnership, please indicate the name and address of the firm SMS and email alerts to investors by stock exhcanges. (Please tick whichever is applicable. If not ticked, assumed Not Required ) If an existing mobile number/email address is used, please specify the relationship and PAN of the email address/mobile number owner Any other information H. INTRODUCER DETAILS (optional) Name of the Introducer (Surname) (Name) (Middle Name) Status of the Introducer Sub-broker Remiser Authorized Person Addresof the Introducer Phone Number PAN Existing Client Others, please specify Signature of the Introducer I. RELATIVE OF GEOJIT BNP PARIBAS EMPLOYEE (For Trading) Electronic Contact Note Physical Contact Note Yes No SMS Email Both Not Required Spouse Dependent Parent Dependent Child Are you a relative of Geojit BNP Paribas employee? Yes / No If yes, please indicate your relationship with the employee (Parent/Parent-in-law/Sibling/Spouse/Child) Employee code Employee name 11
J. NOMINATION FOR DEMAT/TRADING ACCOUNT/ONLINE MUTUAL FUND INVESTMENTS (Please read the instructions given below before filling) I/We wish to make a nomination and do hereby nominate the following person in whom all rights and/or amount payable in respect of securities held in the Depository by me/us in the said beneficiary owner account shall vest in the event of my/our death. I/We do not wish to make a nomination Name of the Nominee Date of Birth (In case of Minor) D D M M Y Y Y Y Relationship with the Applicant (if any) Address and Phone Number of the Nominee Phone: PIN CODE: Name, Address and Phone Number of Guardian (in case Nominee is a minor) Phone: PIN CODE: PAN of Nominee Signature of Nominee: Signature of Guardian: (in case nominee is a minor) Paste here a recent passport size Photograph of Nominee Singnature halfway across the photograph and application form sign across Paste here a recent passport size Photograph of Guardian (in case of minor) Singnature halfway across the photograph and application form sign across K. WITNESS (Two witness details are mandatory) Name and Address of witness 1. Signature with date 2. (To be signed by the applicant(s) only in case of Nomination.) (Full signature required) (Full signature required) (Full signature required) (Sole/First Holder/Trading A/c Holder) (Second Holder) Third Holder Intructions related to nomination, are as below: 1. The nomination can be made only by individuals holding beneficiary owner accounts on their own behalf singly or jointly. Non- individuals including society, trust, body corporate, partnership firm, karta of Hindu Undivided Family, holder of power of attorney cannot nominate. If the account is held jointly all joint holders will sign the nomination form. 2. A minor can be nominated. In that event, the name and address of the Guardian of the minor nominee shall be provided by the beneficial owner. 3. The Nominee shall not be a trust, society, body corporate, partnership firm, karta of Hindu Undivided Family or a power of Attorney holder. A nonresident Indian can be a Nominee, subject to the exchange controls in force, from time to time. 4. Nomination in respect of the beneficiary owner account stands rescinded upon closure of the beneficiary owner account. Similarly, the nomination in respect of the securities shall stand terminated upon transfer of the securities. 5. Transfer of securities in favour of a Nominee shall be valid discharge by the depository against the legal heir. 6. The cancellation of nomination can be made by individuals only holding beneficiary owner accounts on their own behalf singly or jointly by the same persons who made the original nomination. Non- individuals including society, trust, body corporate, partnership firm, karta of Hindu Undivided Family, holder of power of attorney cannot cancel the nomination. If the beneficiary owner account is held jointly, all joint holders will sign the cancellation form. 7. On cancellation of the nomination, the nomination shall stand rescinded and the depository shall not be under any obligation to transfer the securities in favour of the Nominee. 8. Account holder cannot be a nominee or guardian in case of minor nomination. 9. In case the nominee is a minor, a fresh nomination in Anexxure-JA to be submitted in every 5 years. 12
L. DECLARATION 1. I/We hereby declare that the details furnished above are true and correct to the best of my/our knowledge and belief and I/we undertake to inform you of any changes therein, immediately. In case any of the above information is found to be false or untrue or misleading or misrepresenting, I am/we are aware that I/we may be held liable for it. 2. I/We confirm having read/been explained and understood the contents of the document on policy and procedures of the stock broker and the tariff sheet. 3. I/We further confirm having read and understood the contents of the Rights and Obligations document(s) and Risk Disclosure Document. I/We do hereby agree to be bound by such provisions as outlined in these documents. I/We have also been informed that the standard set of documents has been displayed for Information on stock broker s designated website, if any. Place : (Full signature required) Date : Signature of Trading Account Holder UCC Code allotted to the Client DP ID : IN300239 IN301637 12048900 Not Applicable Documents verified with Originals Client Interviewed by In-Person Verification done by Name of the Employee Employee Code Designation of the employee Date Signature Place I/We undertake that we have made the client aware of Policy and Procedures, tariff sheet and all the non-mandatory documents. I/We have also made the client aware of Rights and Obligations document (s), RDD and Guidance Note. I/We have given/sent him a copy of all the KYC documents. I/We undertake that any change in the Policy and Procedures, tariff sheet and all the non-mandatory documents would be duly intimated to the clients. I/We also undertake that any change in the Rights and Obligations and RDD would be made available on my/our website, if any, for the information of the clients. FOR OFFICE USE ONLY Signature of the Branch Manager Date : Seal/Stamp of Geojit BNP Paribas INSTRUCTIONS/ CHECK LIST 1. Additional documents in case of trading in derivatives segments - illustrative list: Copy of ITR Acknowledgement Copy of Annual Accounts In case of salary income - Salary Slip, Copy of Form 16 Net worth certificate Copy of demat account holding statement. Bank account statement for last 6 months Any other relevant documents substantiating ownership of assets. Self declaration with relevant supporting documents *In respect of other clients, documents as per risk management policy of the stock broker need to be provided by the client from time to time. 2. Copy of cancelled cheque leaf/ pass book/bank statement specifying name of the constituent, MICR Code or/and IFSC Code of the bank should be submitted. 3. Demat master or recent holding statement issued by DP bearing name of the client. 4. For individuals: a. Stock broker has an option of doing in-person verification through web camera at the branch office of the stock broker/sub-broker s office. b. In case of non-resident clients, employees at the stock broker s local office, overseas can do in-person verification. Further, considering the infeasibility of carrying out In-person verification of the non-resident clients by the stock broker s staff, attestation of KYC documents by Notary Public, Court, Magistrate, Judge, Local Banker, Indian Embassy / Consulate General in the country where the client resides may be permitted. VERIFICATION AT HEAD OFFICE I confirm that this Client Registration Kit is complete in all respects. UNIQUE CLIENT CODE: Original document Verified by: Authorised by: Name... Name... Signature: Signature: 13
RIGHTS AND OBLIGATIONS OF STOCK BROKERS, SUB-BROKERS AND CLIENTS as prescribed by SEBI and Stock Exchanges 1. The client shall invest/trade in those securities/contracts/other instruments admitted to dealings on the Exchanges as defined in the Rules, Byelaws and Regulations of Exchanges/ Securities and Exchange Board of India (SEBI) and circulars/notices issued there under from time to time. 2. The stock broker, sub-broker and the client shall be bound by all the Rules, Byelaws and Regulations of the Exchange and circulars/notices issued there under and Rules and Regulations of SEBI and relevant notifications of Government authorities as may be in force from time to time. 3. The client shall satisfy itself of the capacity of the stock broker to deal in securities and/or deal in derivatives contracts and wishes to execute its orders through the stock broker and the client shall from time to time continue to satisfy itself of such capability of the stock broker before executing orders through the stock broker. 4. The stock broker shall continuously satisfy itself about the genuineness and financial soundness of the client and investment objectives relevant to the services to be provided. 5. The stock broker shall take steps to make the client aware of the precise nature of the Stock broker s liability for business to be conducted, including any limitations, the liability and the capacity in which the stock broker acts. 6. The sub-broker shall provide necessary assistance and co-operate with the stock broker in all its dealings with the client(s). CLIENT INFORMATION 7. The client shall furnish all such details in full as are required by the stock broker in Account Opening Form with supporting details, made mandatory by stock exchanges/sebi from time to time. 8. The client shall familiarize himself with all the mandatory provisions in the Account Opening documents. Any additional clauses or documents specified by the stock broker shall be non-mandatory, as per terms & conditions accepted by the client. 9. The client shall immediately notify the stock broker in writing if there is any change in the information in the account opening form as provided at the time of account opening and thereafter; including the information on winding up petition/insolvency petition or any litigation which may have material bearing on his capacity. The client shall provide/update the financial information to the stock broker on a periodic basis. 10. The stock broker and sub-broker shall maintain all the details of the client as mentioned in the account opening form or any other information pertaining to the client, confidentially and that they shall not disclose the same to any person/authority except as required under any law/regulatory requirements. Provided however that the stock broker may so disclose information about his client to any person or authority with the express permission of the client. MARGINS 11. The client shall pay applicable initial margins, withholding margins, special margins or such other margins as are considered necessary by the stock broker or the Exchange or as may be directed by SEBI from time to time as applicable to the segment(s) in which the client trades. The stock broker is permitted in its sole and absolute discretion to collect additional margins (even though not required by the Exchange, Clearing House/Clearing Corporation or SEBI) and the client shall be obliged to pay such margins within the stipulated time. 12. The client understands that payment of margins by the client does not necessarily imply complete satisfaction of all dues. In spite of consistently having paid margins, the client may, on the settlement of its trade, be obliged to pay (or entitled to receive) such further sums as the contract may dictate/require. TRANSACTIONS AND SETTLEMENTS 13. The client shall give any order for buy or sell of a security/derivatives contract in writing or in such form or manner, as may be mutually agreed between the client and the stock broker. The stock broker shall ensure to place orders and execute the trades of the client, only in the Unique Client Code assigned to that client. 14. The stock broker shall inform the client and keep him apprised about trading/settlement cycles, delivery/payment schedules, any changes therein from time to time, and it shall be the responsibility in turn of the client to comply with such schedules/procedures of the relevant stock exchange where the trade is executed. 15. The stock broker shall ensure that the money/securities deposited by the client shall be kept in a separate account, distinct from his/its own account or account of any other client and shall not be used by the stock broker for himself/ 14
itself or for any other client or for any purpose other than the purposes mentioned in Rules, Regulations, circulars, notices, guidelines of SEBI and/or Rules, Regulations, Bye-laws, circulars and notices of Exchange. 16. Where the Exchange(s) cancels trade(s) suo moto all such trades including the trade/s done on behalf of the client shall ipso facto stand cancelled, stock broker shall be entitled to cancel the respective contract(s) with client(s). 17. The transactions executed on the Exchange are subject to Rules, Byelaws and Regulations and circulars/notices issued thereunder of the Exchanges where the trade is executed and all parties to such trade shall have submitted to the jurisdiction of such court as may be specified by the Byelaws and Regulations of the Exchanges where the trade is executed for the purpose of giving effect to the provisions of the Rules, Byelaws and Regulations of the Exchanges and the circulars/notices issued thereunder. BROKERAGE 18. The Client shall pay to the stock broker brokerage and statutory levies as are prevailing from time to time and as they apply to the Client s account, transactions and to the services that stock broker renders to the Client. The stock broker shall not charge brokerage more than the maximum brokerage permissible as per the rules, regulations and bye-laws of the relevant stock exchanges and/or rules and regulations of SEBI. LIQUIDATION AND CLOSE OUT OF POSITION 19. Without prejudice to the stock broker s other rights (including the right to refer a matter to arbitration), the client understands that the stock broker shall be entitled to liquidate/close out all or any of the client s positions for nonpayment of margins or other amounts, outstanding debts, etc. and adjust the proceeds of such liquidation/close out, if any, against the client s liabilities/obligations. Any and all losses and financial charges on account of such liquidation/ closing-out shall be charged to and borne by the client. 20. In the event of death or insolvency of the client or his/its otherwise becoming incapable of receiving and paying for or delivering or transferring securities which the client has ordered to be bought or sold, stock broker may close out the transaction of the client and claim losses, if any, against the estate of the client. The client or his nominees, successors, heirs and assignee shall be entitled to any surplus which may result there from. The client shall note that transfer of funds/securities in favor of a Nominee shall be valid discharge by the stock broker against the legal heir. 21. The stock broker shall bring to the notice of the relevant Exchange the information about default in payment/delivery and related aspects by a client. In case where defaulting client is a corporate entity/partnership/proprietary firm or any other artificial legal entity, then the name(s) of Director(s)/Promoter(s)/Partner(s)/Proprietor as the case may be, shall also be communicated by the stock broker to the relevant Exchange(s). DISPUTE RESOLUTION 22. The stock broker shall provide the client with the relevant contact details of the concerned Exchanges and SEBI. 23. The stock broker shall co-operate in redressing grievances of the client in respect of all transactions routed through it and in removing objections for bad delivery of shares, rectification of bad delivery, etc. 24. The client and the stock broker shall refer any claims and/or disputes with respect to deposits, margin money, etc., to arbitration as per the Rules, Byelaws and Regulations of the Exchanges where the trade is executed and circulars/ notices issued thereunder as may be in force from time to time. 25. The stock broker shall ensure faster settlement of any arbitration proceedings arising out of the transactions entered into between him vis-à-vis the client and he shall be liable to implement the arbitration awards made in such proceedings. 26. The client/stock-broker understands that the instructions issued by an authorized representative for dispute resolution, if any, of the client/stock-broker shall be binding on the client/stock-broker in accordance with the letter authorizing the said representative to deal on behalf of the said client/stock-broker. TERMINATION OF RELATIONSHIP 27. This relationship between the stock broker and the client shall be terminated; if the stock broker for any reason ceases to be a member of the stock exchange including cessation of membership by reason of the stock broker s default, death, resignation or expulsion or if the certificate is cancelled by the Board. 28. The stock broker, sub-broker and the client shall be entitled to terminate the relationship between them without giving any reasons to the other party, after giving notice in writing of not less than one month to the other parties. Notwithstanding any such termination, all rights, liabilities and obligations of the parties arising out of or in respect 15
of transactions entered into prior to the termination of this relationship shall continue to subsist and vest in/be binding on the respective parties or his/its respective heirs, executors, administrators, legal representatives or successors, as the case may be. 29. In the event of demise/insolvency of the sub-broker or the cancellation of his/its registration with the Board or/ withdrawal of recognition of the sub-broker by the stock exchange and/or termination of the agreement with the sub broker by the stock broker, for any reason whatsoever, the client shall be informed of such termination and the client shall be deemed to be the direct client of the stock broker and all clauses in the Rights and Obligations document(s) governing the stock broker, sub-broker and client shall continue to be in force as it is, unless the client intimates to the stock broker his/its intention to terminate their relationship by giving a notice in writing of not less than one month. ADDITIONAL RIGHTS AND OBLIGATIONS 30. The stock broker shall ensure due protection to the client regarding client s rights to dividends, rights or bonus shares, etc. in respect of transactions routed through it and it shall not do anything which is likely to harm the interest of the client with whom and for whom they may have had transactions in securities. 31. The stock broker and client shall reconcile and settle their accounts from time to time as per the Rules, Regulations, Bye Laws, Circulars, Notices and Guidelines issued by SEBI and the relevant Exchanges where the trade is executed. 32. The stock broker shall issue a contract note to his constituents for trades executed in such format as may be prescribed by the Exchange from time to time containing records of all transactions including details of order number, trade number, trade time, trade price, trade quantity, details of the derivatives contract, client code, brokerage, all charges levied etc. and with all other relevant details as required therein to be filled in and issued in such manner and within such time as prescribed by the Exchange. The stock broker shall send contract notes to the investors within one working day of the execution of the trades in hard copy and/or in electronic form using digital signature. 33. The stock broker shall make pay out of funds or delivery of securities, as the case may be, to the Client within one working day of receipt of the payout from the relevant Exchange where the trade is executed unless otherwise specified by the client and subject to such terms and conditions as may be prescribed by the relevant Exchange from time to time where the trade is executed. 34. The stock broker shall send a complete Statement of Accounts for both funds and securities in respect of each of its clients in such periodicity and format within such time, as may be prescribed by the relevant Exchange, from time to time, where the trade is executed. The Statement shall also state that the client shall report errors, if any, in the Statement within such time as may be prescribed by the relevant Exchange from time to time where the trade was executed, from the receipt thereof to the Stock broker. 35. The stock broker shall send daily margin statements to the clients. Daily Margin statement should include, inter-alia, details of collateral deposited, collateral utilized and collateral status (available balance/due from client) with break up in terms of cash, Fixed Deposit Receipts (FDRs), Bank Guarantee and securities. 36. The Client shall ensure that it has the required legal capacity to, and is authorized to, enter into the relationship with stock broker and is capable of performing his obligations and undertakings hereunder. All actions required to be taken to ensure compliance of all the transactions, which the Client may enter into shall be completed by the Client prior to such transaction being entered into. ELECTRONIC CONTRACT NOTES (ECN) 37. In case, client opts to receive the contract note in electronic form, he shall provide an appropriate e-mail id to the stock broker. The client shall communicate to the stock broker any change in the email-id through a physical letter. If the client has opted for internet trading, the request for change of email id may be made through the secured access by way of client specific user id and password. 38. The stock broker shall ensure that all ECNs sent through the e-mail shall be digitally signed, encrypted, non-tamper able and in compliance with the provisions of the IT Act, 2000. In case, ECN is sent through e-mail as an attachment, the attached file shall also be secured with the digital signature, encrypted and non-tamperable. 39. The client shall note that non-receipt of bounced mail notification by the stock broker shall amount to delivery of the contract note at the e-mail ID of the client. 40. The stock broker shall retain ECN and acknowledgement of the e-mail in a soft and non-tamperable form in the manner prescribed by the exchange in compliance with the provisions of the IT Act, 2000 and as per the extant rules/ regulations/circulars/guidelines issued by SEBI/Stock Exchanges from time to time. The proof of delivery i.e., log 16
report generated by the system at the time of sending the contract notes shall be maintained by the stock broker for the specified period under the extant regulations of SEBI/stock exchanges. The log report shall provide the details of the contract notes that are not delivered to the client/e-mails rejected or bounced back. The stock broker shall take all possible steps to ensure receipt of notification of bounced mails by him at all times within the stipulated time period under the extant regulations of SEBI/stock exchanges. 41. The stock broker shall continue to send contract notes in the physical mode to such clients who do not opt to receive the contract notes in the electronic form. Wherever the ECNs have not been delivered to the client or has been rejected (bouncing of mails) by the e-mail ID of the client, the stock broker shall send a physical contract note to the client within the stipulated time under the extant regulations of SEBI/stock exchanges and maintain the proof of delivery of such physical contract notes. 42. In addition to the e-mail communication of the ECNs to the client, the stock broker shall simultaneously publish the ECN on his designated web-site, if any, in a secured way and enable relevant access to the clients and for this purpose, shall allot a unique user name and password to the client, with an option to the client to save the contract note electronically and/or take a print out of the same. LAW AND JURISDICTION 43. In addition to the specific rights set out in this document, the stock broker, sub-broker and the client shall be entitled to exercise any other rights which the stock broker or the client may have under the Rules, Bye-laws and Regulations of the Exchanges in which the client chooses to trade and circulars/notices issued thereunder or Rules and Regulations of SEBI. 44. The provisions of this document shall always be subject to Government notifications, any rules, regulations, guidelines and circulars/notices issued by SEBI and Rules, Regulations and Bye laws of the relevant stock exchanges, where the trade is executed, that may be in force from time to time. 45. The stock broker and the client shall abide by any award passed by the Arbitrator(s) under the Arbitration and Conciliation Act, 1996. However, there is also a provision of appeal within the stock exchanges, if either party is not satisfied with the arbitration award. 46. Words and expressions which are used in this document but which are not defined herein shall, unless the context otherwise requires, have the same meaning as assigned thereto in the Rules, Byelaws and Regulations and circulars/ notices issued thereunder of the Exchanges/SEBI. 47. All additional voluntary clauses/document added by the stock broker should not be in contravention with rules/ regulations/notices/circulars of Exchanges/SEBI. Any changes in such voluntary clauses/document(s) need to be preceded by a notice of 15 days. Any changes in the rights and obligations which are specified by Exchanges/SEBI shall also be brought to the notice of the clients. 48. If the rights and obligations of the parties hereto are altered by virtue of change in Rules and regulations of SEBI or Bye-laws, Rules and Regulations of the relevant stock Exchanges where the trade is executed, such changes shall be deemed to have been incorporated herein in modification of the rights and obligations of the parties mentioned in this document. 17
INTERNET & WIRELESS TECHNOLOGY BASED TRADING FACILITY PROVIDED BY STOCK BROKERS TO CLIENT (All the clauses mentioned in the Rights and Obligations document(s) shall be applicable. Additionally, the clauses mentioned herein shall also be applicable.) 1. Stock broker is eligible for providing Internet based trading (IBT) and securities trading through the use of wireless technology that shall include the use of devices such as mobile phone, laptop with data card, etc. which use Internet Protocol (IP). The stock broker shall comply with all requirements applicable to internet based trading/securities trading using wireless technology as may be specified by SEBI & the Exchanges from time to time. 2. The client is desirous of investing/trading in securities and for this purpose, the client is desirous of using either the internet based trading facility or the facility for securities trading through use of wireless technology. The Stock broker shall provide the Stock broker s IBT Service to the Client, and the Client shall avail of the Stock broker s IBT Service, on and subject to SEBI/Exchanges Provisions and the terms and conditions specified on the Stock broker s IBT Web Site provided that they are in line with the norms prescribed by Exchanges/SEBI. 3. The stock broker shall bring to the notice of client the features, risks, responsibilities, obligations and liabilities associated with securities trading through wireless technology/internet/smart order routing or any other technology should be brought to the notice of the client by the stock broker. 4. The stock broker shall make the client aware that the Stock Broker s IBT system itself generates the initial password and its password policy as stipulated in line with norms prescribed by Exchanges/SEBI. 5. The Client shall be responsible for keeping the Username and Password confidential and secure and shall be solely responsible for all orders entered and transactions done by any person whosoever through the Stock broker s IBT System using the Client s Username and/or Password whether or not such person was authorized to do so. Also the client is aware that authentication technologies and strict security measures are required for the internet trading/ securities trading through wireless technology through order routed system and undertakes to ensure that the password of the client and/or his authorized representative are not revealed to any third party including employees and dealers of the stock broker 6. The Client shall immediately notify the Stock broker in writing if he forgets his password, discovers security flaw in Stock Broker s IBT System, discovers/suspects discrepancies/ unauthorized access through his username/password/ account with full details of such unauthorized use, the date, the manner and the transactions effected pursuant to such unauthorized use, etc. 7. The Client is fully aware of and understands the risks associated with availing of a service for routing orders over the internet/securities trading through wireless technology and Client shall be fully liable and responsible for any and all acts done in the Client s Username/password in any manner whatsoever. 8. The stock broker shall send the order/trade confirmation through email to the client at his request. The client is aware that the order/ trade confirmation is also provided on the web portal. In case client is trading using wireless technology, the stock broker shall send the order/trade confirmation on the device of the client. 9. The client is aware that trading over the internet involves many uncertain factors and complex hardware, software, systems, communication lines, peripherals, etc. are susceptible to interruptions and dislocations. The Stock broker and the Exchange do not make any representation or warranty that the Stock broker s IBT Service will be available to the Client at all times without any interruption. 10. The Client shall not have any claim against the Exchange or the Stock broker on account of any suspension, interruption, non-availability or malfunctioning of the Stock broker s IBT System or Service or the Exchange s service or systems or non-execution of his orders due to any link/system failure at the Client/Stock brokers/exchange end for any reason beyond the control of the stock broker/exchanges. 18
RISK DISCLOSURE DOCUMENT FOR CAPITAL MARKET AND DERIVATIVES SEGMENTS This document contains important information on trading in Equities/Derivatives Segments of the stock exchanges. All prospective constituents should read this document before trading in Equities/Derivatives Segments of the Exchanges. Stock exchanges/sebi does neither singly or jointly and expressly nor impliedly guarantee nor make any representation concerning the completeness, the adequacy or accuracy of this disclosure document nor have Stock exchanges /SEBI endorsed or passed any merits of participating in the trading segments. This brief statement does not disclose all the risks and other significant aspects of trading. In the light of the risks involved, you should undertake transactions only if you understand the nature of the relationship into which you are entering and the extent of your exposure to risk. You must know and appreciate that trading in Equity shares, derivatives contracts or other instruments traded on the Stock Exchange, which have varying element of risk, is generally not an appropriate avenue for someone of limited resources/limited investment and/or trading experience and low risk tolerance. You should therefore carefully consider whether such trading is suitable for you in the light of your financial condition. In case you trade on Stock exchanges and suffer adverse consequences or loss, you shall be solely responsible for the same and Stock exchanges/its Clearing Corporation and/or SEBI shall not be responsible, in any manner whatsoever, for the same and it will not be open for you to take a plea that no adequate disclosure regarding the risks involved was made or that you were not explained the full risk involved by the concerned stock broker. The constituent shall be solely responsible for the consequences and no contract can be rescinded on that account. You must acknowledge and accept that there can be no guarantee of profits or no exception from losses while executing orders for purchase and/or sale of a derivative contract being traded on Stock exchanges. It must be clearly understood by you that your dealings on Stock exchanges through a stock broker shall be subject to your fulfilling certain formalities set out by the stock broker, which may inter alia include your filling the know your client form, reading the rights and obligations, do s and don ts, etc., and are subject to the Rules, Byelaws and Regulations of relevant Stock exchanges, its Clearing Corporation, guidelines prescribed by SEBI and in force from time to time and Circulars as may be issued by Stock exchanges or its Clearing Corporation and in force from time to time. Stock exchanges does not provide or purport to provide any advice and shall not be liable to any person who enters into any business relationship with any stock broker of Stock exchanges and/or any third party based on any information contained in this document. Any information contained in this document must not be construed as business advice. No consideration to trade should be made without thoroughly understanding and reviewing the risks involved in such trading. If you are unsure, you must seek professional advice on the same. In considering whether to trade or authorize someone to trade for you, you should be aware of or must get acquainted with the following:- 1. BASIC RISKS: 1.1 Risk of Higher Volatility: Volatility refers to the dynamic changes in price that a security/derivatives contract undergoes when trading activity continues on the Stock Exchanges. Generally, higher the volatility of a security/derivatives contract, greater is its price swings. There may be normally greater volatility in thinly traded securities / derivatives contracts than in active securities /derivatives contracts. As a result of volatility, your order may only be partially executed or not executed at all, or the price at which your order got executed may be substantially different from the last traded price or change substantially thereafter, resulting in notional or real losses. 1.2 Risk of Lower Liquidity: Liquidity refers to the ability of market participants to buy and/or sell securities / derivatives contracts expeditiously at a competitive price and with minimal price difference. Generally, it is assumed that more the numbers of orders available in a market, greater is the liquidity. Liquidity is important because with greater liquidity, it is easier for investors to buy and/or sell securities / derivatives contracts swiftly and with minimal price difference, and as a result, investors are more likely to pay or receive a competitive price for securities / derivatives contracts purchased or sold. There may be a risk of lower liquidity in some securities / derivatives contracts as compared to active securities / derivatives contracts. As a result, your order may only be partially executed, or may be executed with relatively greater price difference or may not be executed at all. 1.2.1 Buying or selling securities / derivatives contracts as part of a day trading strategy may also result into losses, because in such a situation, securities / derivatives contracts may have to be sold / purchased at low / high prices, 19
compared to the expected price levels, so as not to have any open position or obligation to deliver or receive a security / derivatives contract. 1.3 Risk of Wider Spreads: Spread refers to the difference in best buy price and best sell price. It represents the differential between the price of buying a security / derivatives contract and immediately selling it or vice versa. Lower liquidity and higher volatility may result in wider than normal spreads for less liquid or illiquid securities / derivatives contracts. This in turn will hamper better price formation. 1.4 Risk-reducing orders: The placing of orders (e.g., stop loss orders, or limit orders) which are intended to limit losses to certain amounts may not be effective many a time because rapid movement in market conditions may make it impossible to execute such orders. 1.4.1 A market order will be executed promptly, subject to availability of orders on opposite side, without regard to price and that, while the customer may receive a prompt execution of a market order, the execution may be at available prices of outstanding orders, which satisfy the order quantity, on price time priority. It may be understood that these prices may be significantly different from the last traded price or the best price in that security / derivatives contract. 1.4.2 A limit order will be executed only at the limit price specified for the order or a better price. However, while the customer receives price protection, there is a possibility that the order may not be executed at all. 1.4.3 A stop loss order is generally placed away from the current price of a stock / derivatives contract, and such order gets activated if and when the security / derivatives contract reaches, or trades through, the stop price. Sell stop orders are entered ordinarily below the current price, and buy stop orders are entered ordinarily above the current price. When the security / derivatives contract reaches the pre -determined price, or trades through such price, the stop loss order converts to a market/limit order and is executed at the limit or better. There is no assurance therefore that the limit order will be executable since a security / derivatives contract might penetrate the pre-determined price, in which case, the risk of such order not getting executed arises, just as with a regular limit order. 1.5 Risk of News Announcements: News announcements that may impact the price of stock / derivatives contract may occur during trading, and when combined with lower liquidity and higher volatility, may suddenly cause an unexpected positive or negative movement in the price of the security / contract. 1.6 Risk of Rumors: Rumors about companies / currencies at times float in the market through word of mouth, newspapers, websites or news agencies, etc. The investors should be wary of and should desist from acting on rumors. 1.7 System Risk: High volume trading will frequently occur at the market opening and before market close. Such high volumes may also occur at any point in the day. These may cause delays in order execution or confirmation. 1.7.1 During periods of volatility, on account of market participants continuously modifying their order quantity or prices or placing fresh orders, there may be delays in order execution and its confirmations. 1.7.2 Under certain market conditions, it may be difficult or impossible to liquidate a position in the market at a reasonable price or at all, when there are no outstanding orders either on the buy side or the sell side, or if trading is halted in a security / derivatives contract due to any action on account of unusual trading activity or security / derivatives contract hitting circuit filters or for any other reason. 1.8 System/Network Congestion: Trading on exchanges is in electronic mode, based on satellite/leased line based communications, combination of technologies and computer systems to place and route orders. Thus, there exists a possibility of communication failure or system problems or slow or delayed response from system or trading halt, or any such other problem/glitch whereby not being able to establish access to the trading system/network, which may be beyond control and may result in delay in processing or not processing buy or sell orders either in part or in full. You are cautioned to note that although these problems may be temporary in nature, but when you have outstanding open positions or unexecuted orders, these represent a risk because of your obligations to settle all executed transactions. 20
2. As far as Derivatives segments are concerned, please note and get yourself acquainted with the following additional features:- 2.1 Effect of Leverage or Gearing : In the derivatives market, the amount of margin is small relative to the value of the derivatives contract so the transactions are leveraged or geared. Derivatives trading, which is conducted with a relatively small amount of margin, provides the possibility of great profit or loss in comparison with the margin amount. But transactions in derivatives carry a high degree of risk. You should therefore completely understand the following statements before actually trading in derivatives and also trade with caution while taking into account one s circumstances, financial resources, etc. If the prices move against you, you may lose a part of or whole margin amount in a relatively short period of time. Moreover, the loss may exceed the original margin amount. A. Futures trading involve daily settlement of all positions. Every day the open positions are marked to market based on the closing level of the index / derivatives contract. If the contract has moved against you, you will be required to deposit the amount of loss (notional) resulting from such movement. This amount will have to be paid within a stipulated time frame, generally before commencement of trading on next day. B. If you fail to deposit the additional amount by the deadline or if an outstanding debt occurs in your account, the stock broker may liquidate a part of or the whole position or substitute securities. In this case, you will be liable for any losses incurred due to such close-outs. C. Under certain market conditions, an investor may find it difficult or impossible to execute transactions. For example, this situation can occur due to factors such as illiquidity i.e. when there are insufficient bids or offers or suspension of trading due to price limit or circuit breakers etc. D. In order to maintain market stability, the following steps may be adopted: changes in the margin rate, increases in the cash margin rate or others. These new measures may also be applied to the existing open interests. In such conditions, you will be required to put up additional margins or reduce your positions. E. You must ask your broker to provide the full details of derivatives contracts you plan to trade i.e. the contract specifications and the associated obligations. 2.2 Currency specific risks: 1. The profit or loss in transactions in foreign currency-denominated contracts, whether they are traded in your own or another jurisdiction, will be affected by fluctuations in currency rates where there is a need to convert from the currency denomination of the contract to another currency. 2. Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example when a currency is deregulated or fixed trading bands are widened. 3. Currency prices are highly volatile. Price movements for currencies are influenced by, among other things: changing supply-demand relationships; trade, fiscal, monetary, exchange control programs and policies of governments; foreign political and economic events and policies; changes in national and international interest rates and inflation; currency devaluation; and sentiment of the market place. None of these factors can be controlled by any individual advisor and no assurance can be given that an advisor s advice will result in profitable trades for a participating customer or that a customer will not incur losses from such events. 2.3 Risk of Option holders: 1. An option holder runs the risk of losing the entire amount paid for the option in a relatively short period of time. This risk reflects the nature of an option as a wasting asset which becomes worthless when it expires. An option holder who neither sells his option in the secondary market nor exercises it prior to its expiration will necessarily lose his entire investment in the option. If the price of the underlying does not change in the anticipated direction before the option expires, to an extent sufficient to cover the cost of the option, the investor may lose all or a significant part of his investment in the option. 2. The Exchanges may impose exercise restrictions and have absolute authority to restrict the exercise of options at certain times in specified circumstances. 2.4 Risks of Option Writers: 1. If the price movement of the underlying is not in the anticipated direction, the option writer runs the risks of losing substantial amount. 21
2. The risk of being an option writer may be reduced by the purchase of other options on the same underlying interest and thereby assuming a spread position or by acquiring other types of hedging positions in the options markets or other markets. However, even where the writer has assumed a spread or other hedging position, the risks may still be significant. A spread position is not necessarily less risky than a simple long or short position. 3. Transactions that involve buying and writing multiple options in combination, or buying or writing options in combination with buying or selling short the underlying interests, present additional risks to investors. Combination transactions, such as option spreads, are more complex than buying or writing a single option. And it should be further noted that, as in any area of investing, a complexity not well understood is, in itself, a risk factor. While this is not to suggest that combination strategies should not be considered, it is advisable, as is the case with all investments in options, to consult with someone who is experienced and knowledgeable with respect to the risks and potential rewards of combination transactions under various market circumstances. 3. TRADING THROUGH WIRELESS TECHNOLOGY/ SMART ORDER ROUTING OR ANY OTHER TECHNOLOGY: Any additional provisions defining the features, risks, responsibilities, obligations and liabilities associated with securities trading through wireless technology/ smart order routing or any other technology should be brought to the notice of the client by the stock broker. 4. GENERAL 4.1 The term constituent shall mean and include a client, a customer or an investor, who deals with a stock broker for the purpose of acquiring and/or selling of securities / derivatives contracts through the mechanism provided by the Exchanges. 4.2 The term stock broker shall mean and include a stock broker, a broker or a stock broker, who has been admitted as such by the Exchanges and who holds a registration certificate from SEBI. 22
GUIDANCE NOTE - DO S AND DON TS FOR TRADING ON THE EXCHANGE(S) FOR INVESTORS BEFORE YOU BEGIN TO TRADE 1. Ensure that you deal with and through only SEBI registered intermediaries. You may check their SEBI registration certificate number from the list available on the Stock exchanges www.exchange.com and SEBI website www.sebi.gov.in. 2. Ensure that you fill the KYC form completely and strike off the blank fields in the KYC form. 3. Ensure that you have read all the mandatory documents viz. Rights and Obligations, Risk Disclosure Document, Policy and Procedure document of the stock broker. 4. Ensure to read, understand and then sign the voluntary clauses, if any, agreed between you and the stock broker. Note that the clauses as agreed between you and the stock broker cannot be changed without your consent. 5. Get a clear idea about all brokerage, commissions, fees and other charges levied by the broker on you for trading and the relevant provisions/ guidelines specified by SEBI/Stock exchanges. 6. Obtain a copy of all the documents executed by you from the stock broker free of charge. 7. In case you wish to execute Power of Attorney (POA) in favour of the Stock broker, authorizing it to operate your bank and demat account, please refer to the guidelines issued by SEBI/Exchanges in this regard. TRANSACTIONS AND SETTLEMENTS 8. The stock broker may issue electronic contract notes (ECN) if specifically authorized by you in writing. You should provide your email id to the stock broker for the same. Don t opt for ECN if you are not familiar with computers. 9. Don t share your internet trading account s password with anyone. 10. Don t make any payment in cash to the stock broker. 11. Make the payments by account payee cheque in favour of the stock broker. Don t issue cheques in the name of subbroker. Ensure that you have a documentary proof of your payment/deposit of securities with the stock broker, stating date, scrip, quantity, towards which bank/ demat account such money or securities deposited and from which bank/ demat account. 12. Note that facility of Trade Verification is available on stock exchanges websites, where details of trade as mentioned in the contract note may be verified. Where trade details on the website do not tally with the details mentioned in the contract note, immediately get in touch with the Investors Grievance Cell of the relevant Stock exchange. 13. In case you have given specific authorization for maintaining running account, payout of funds or delivery of securities (as the case may be), may not be made to you within one working day from the receipt of payout from the Exchange. Thus, the stock broker shall maintain running account for you subject to the following conditions: a) Such authorization from you shall be dated, signed by you only and contains the clause that you may revoke the same at any time. b) The actual settlement of funds and securities shall be done by the stock broker, at least once in a calendar quarter or month, depending on your preference. While settling the account, the stock broker shall send to you a statement of accounts containing an extract from the client ledger for funds and an extract from the register of securities displaying all the receipts/deliveries of funds and securities. The statement shall also explain the retention of funds and securities and the details of the pledged shares, if any. c) On the date of settlement, the stock broker may retain the requisite securities/funds towards outstanding obligations and may also retain the funds expected to be required to meet derivatives margin obligations for next 5 trading days, calculated in the manner specified by the exchanges. In respect of cash market transactions, the stock broker may retain entire pay-in obligation of funds and securities due from clients as on date of settlement and for next day s business, he may retain funds/securities/margin to the extent of value of transactions executed on the day of such settlement in the cash market. d) You need to bring any dispute arising from the statement of account or settlement so made to the notice of the stock broker in writing preferably within 7 (seven) working days from the date of receipt of funds/securities or statement, as the case may be. In case of dispute, refer the matter in writing to the Investors Grievance Cell of the relevant Stock exchanges without delay. 23
14. In case you have not opted for maintaining running account and pay-out of funds/securities is not received on the next working day of the receipt of payout from the exchanges, please refer the matter to the stock broker. In case there is dispute, ensure that you lodge a complaint in writing immediately with the Investors Grievance Cell of the relevant Stock exchange. 15. Please register your mobile number and email id with the stock broker, to receive trade confirmation alerts/ details of the transactions through SMS or email, by the end of the trading day, from the stock exchanges. IN CASE OF TERMINATION OF TRADING MEMBERSHIP 16. In case, a stock broker surrenders his membership, is expelled from membership or declared a defaulter; Stock exchanges gives a public notice inviting claims relating to only the transactions executed on the trading system of Stock exchange, from the investors. Ensure that you lodge a claim with the relevant Stock exchanges within the stipulated period and with the supporting documents. 17. Familiarize yourself with the protection accorded to the money and/or securities you may deposit with your stock broker, particularly in the event of a default or the stock broker s insolvency or bankruptcy and the extent to which you may recover such money and/or securities may be governed by the Bye-laws and Regulations of the relevant Stock exchange where the trade was executed and the scheme of the Investors Protection Fund in force from time to time. DISPUTES/ COMPLAINTS 18. Please note that the details of the arbitration proceedings, penal action against the brokers and investor complaints against the stock brokers are displayed on the website of the relevant Stock exchange. 19. In case your issue/problem/ grievance is not being sorted out by concerned stock broker/sub-broker then you may take up the matter with the concerned Stock exchange. If you are not satisfied with the resolution of your complaint then you can escalate the matter to SEBI. 20. Note that all the stock broker/sub-brokers have been mandated by SEBI to designate an e-mail ID of the grievance redressal division/compliance officer exclusively for the purpose of registering complaints. 24
POLICIES AND PROCEDURES Policy on Penny Stocks. Definition: Any stock which is trading on a stock exchange at a price less than the face value is defined as a penny stock. Further, such stocks can be fundamentally weak in terms of net worth, sales, market capitalization and/or profitability and may have violated provisions of the Listing Agreement of the exchange in which they are listed or have large number of investors complaints pending against them. Geojit will have the right to refuse execution of trades in the above stocks. A list of penny stocks will be published in the customer care site. Closing out of positions If shares purchased by clients are pending in Geojit s pool account due to non-payment of funds, such shares will be sold to the extend of clearing the debit, on second trading day after the settlement date. In cash segment, if total debit % in the client s account is greater than or equal to the stipulated % of the total collateral, then the existing positions will be sold. In the F&O segment, if there is no sufficient margin, the open positions will be squared. Geojit reserves the right to square off any position taken without sufficient margin at any point of time. Geojit reserves the right to square off existing positions if cheques received against these are dishonoured. Geojit reserves the right to invoke pledged shares to cover MTM losses. In addition to above points,for online accounts, there will be auto square off of shares purchased in margin for intraday trading. The timings of auto square off will be displayed on the internet trading website. Exposure setting Geojit has absolute discretion in setting the exposure limit of a client. Exposure varies from time to time and it is depending upon the net cash & collateral available in a client s trading account. Exposure will be given on cheque entry (not applicable for online accounts). However, cheques that are not cleared within four days of entry in backoffice are not considered for exposure. Holdings can be sold without any additional exposure. 100% credit balance is required in the trading account for trading in Trade-to-Trade scrips and other select stocks. Imposition of penalty/delayed payments Any amounts which are due from the Client to Geojit towards trading and or investments in any of the segments / exchanges or otherwise or on account of services availed or to any of Geojit s group or associate companies will be charged delayed payment charges at such rate per month as may be determined by Geojit from time to time. The Client hereby agrees and authorises Geojit to directly debit the same to the account of the Client. The Client agrees that if payment is delayed by the Client, the value of which may be greater than the dues by the client to Geojit may suspend fully or partially access to all or any of the Products and/or Services or take legal action or any such action as it may deem fit. The rate of such charges is presently fixed as 22% p.a. and any change to the same shall be intimated to the client in the manner provided herein. Suspending/Closing/Deregistering of account In all cases of non-payment, fraud, malpractice, violation of rules and regulations by the client, or if the continued association with the client is prejudicial to the interest of Geojit and the market in general, at the absolute discretion of Geojit, the account shall be suspended or cancelled or the client shall be deregistered with or without notice of 30 days or of a lesser tenure as the case may be. Shortages in obligations arising out of internal netting of trades If a client fails to make timely delivery to Geojit in respect of the shares or securities sold by him as notified by the Exchange from time to time i.e., in case of short delivery, the said un-discharged obligation on the part of the client shall be subjected to close out or auction in accordance with the rules and regulations of the Exchange. The loss, if any, on account of such close out or auction shall be debited to the account of the client. Under such cases, no further claims shall lie between the client and Geojit. Incase of shares purchased by client where no delivery was timely effected as required under the Rules and Regulations by the Exchange the short delivery will be closed-out by Geojit in accordance with the Exchange procedure and the credit on account of such close-out or auction shall be made to the account of the client. Under such cases, no further claims shall lie between the client and Geojit. Treatment of inactive account All the active trading accounts, where no single trades are done for last two years, we will change the account status to INACTIVE mode. Also we will take steps to settle the funds and securities balance dues if any in such accounts at that time. For reactivation of accounts, such clients will have to submit a reactivation request letter along with revised KYC details wherever applicable. 25
TARIFF SHEET Mandatory SCHEDULE OF CHARGES FOR OFFLINE CLIENTS Delivery Brokerage Cash Derivative Brokerage (Daily Volume) 0.50% Index Futures Stock Futures Options Brokerage (Daily Volume) Intraday Brokerage Cash 0-10 Lakhs 0.05% 0-25 Lakhs 0.05% 1 to 9 Lots Rs 100 or 1.5% whichever is higher 0-25 Lakhs 0.05% 10-50 Lakhs 0.04% 25-50 Lakhs 0.04% 10 to 19 Lots Rs 75 or 1% whichever is higher 25-50 Lakhs 0.04% 50 lakhs -2 Crore 0.03% 50 lakh -1 Crore 0.035% 20 Lots & Above Rs 75 Flat 50 lakhs-1 Crore 0.035% 2 crore - 5 Crore 0.025% 1 Crore - Above 0.03% 1 Crore & Above 0.03% 5 Cr ore & Above 0.02% Currency Derivatives Brokerage - Rs. 30 Per Lot on Expiry of Options contract. Instrument Symbol Brokerage per lot (Rs.) 0.05% brokerage on expiry of Future contract. FUTCUR EURINR 12.50 (applicable on both sides) FUTCUR GBPINR 15.00 (applicable on both sides) Brokerage on Auction is 0.25% FUTCUR JPYINR 10.00 (applicable on both sides) Normal Options brokerage is levied on options Exercise Contracts. FUTCUR USDINR 10.00 (applicable on both sides) OPTCUR USDINR 10.00 (applicable on both sides) Minimum Brokerage - The brokerage for Interest Rate Futures segment(irf) = Rs.40 per contract. Minimum brokerage for North / WB/ Gujarat states ( Rs.30/- per contract ) DCN+POA Clients: Rs 20/- per scrip or 1 paise per share whichever is higher, rounded off to two decimal places. NON-DCN/NON-POA Clients: Rs 30/- per scrip or 5 paise per share whichever is higher, rounded off to two decimal places. Both subject to maximum of Rs.0.25 per share/debenture or 2.5% of the contract price per share/debenture whichever is higher. Brokerage rates applicable w.e.f. Sep 1, 2011 for Online Retail Trading ** provided linked demat account is with Geojit BNP Paribas Financial Services Ltd. Cash Market Delivery-based Trading : 0.3 % Intra-day Trading : 0.03 % Futures & Options: Futures : 0.03 % Options Rs.75/- per lot Brokerage on Options Exercise and Expiry will Be Rs.30/- per lot Brokerage on Futures expiry will be at 0.030% **Applicable to Ordinary Resident account only Subject to minimum brokerage as under Rs.20 per Contract or 1 paisa per share whichever is higher subject to a maximum of 2.5% per share In case the contract note is delivered by post then Rs.20/- per Contract or 5 paisa per share whichever is higher subject to a maximum of 2.5% per share. Statutory Charges (Applicable to Offline and Online Clients as the case may be) Service Tax 10% of Brokerage Education Cess 2% of Service Tax + 1% of Secondary & Higher Secondary of Service Tax Securities Transaction Tax (STT) 0.125% Delivery in Cash 0.025% Intraday in Cash only on selling side 0.017% Futures & Options only on selling side 0.125% Sale of an option, where option is Exercised Exchange Levy and Stamp Duty As Applicable from time to time Miscellaneous Charges SCHEDULE OF CHARGES FOR ONLINE CLIENTS (Not applicable for NRI clients) SMS Alert Service (Trading tips) Rs. 100/- per month Printed Statement Request Rs. 50/- per request (through ordinary post) Cheque Bounce/Cancellation Rs 250/- Interest on delayed Payments 22% per annum. Subject to change Charges for debiting shares from demat account/inter-settlement charges 0.02% subject to a minimum of Rs.15/- and maximum of Rs.40/- per transaction if the delivery is through POA/Speed-e with DCN. Charges for debiting shares from demat account/inter-settlement charges 0.03% subject to a minimum of Rs.20/- and maximum of Rs.40/- per transaction if the delivery is through DIS or POA without DCN. Geojit BNP Paribas reserves the right to revise brokerage structure & other statutory charges as applicable under respective laws by display of the same on the trading website/customer care/direct communication. Old rate will be applicable for existing client submitting this booklet as part of KYC updation. 26
DEMAT ACCOUNT OPENING AGREEMENT-NSDL Non-Mandatory On stamp paper of Rs.20 AGREEMENT BETWEEN THE DEPOSITORY PARTICIPANT AND THE BENEFICIAL OWNER SEEKING TO OPEN AN ACCOUNT WITH THE DEPOSITORY PARTICIPANT This agreement made and entered into this day of between situated at (hereinafter called the Client and Geojit BNP Paribas Financial Services Limited situated at 5th Floor, Finance Tower, Kaloor, Kochi - 682 017 (hereinafter called the Depository Participant). Witnesseth WHEREAS the Client has furnished to the Depository Participant the duly filled in application form requesting therein to open an account with the Depository Participant. NOW THEREFORE in consideration of the Depository Participant having agreed to open an account for the Client, both the parties to the agreement hereby covenant and agree as follows: 1. The Client shall pay such charges to the Depository Participant for the purpose of opening and maintaining his account, for carrying out the instructions of the Client and for rendering such other services as may be agreed to from time to time between the Depository Participant and the Client as set out in Schedule A. The Depository Participant shall reserve the right to revise the charges by giving not less than thirty days notice in writing to the Client. 2. The Client shall have the right to get the securities which have been admitted on the Depository dematerialised in the form and manner laid down under the Bye Laws and Business Rules. The Depository Participant further undertakes that it shall not create or permit to subsist any mortgage, charge or other encumbrance over all or any of such securities submitted for dematerialisation except on the instructions of the Client. 3. The Depository Participant hereby undertakes that it shall maintain a separate account of its own securities held in dematerialised form with the Depository and shall not commingle the same with the securities held in dematerialised form on behalf of the Client. 4. The Depository Participant undertakes that a transfer to and from the accounts of the Client shall be made only on the basis of an order, instruction, direction or mandate duly authorised by the Client and that the Depository Participant shall maintain adequate audit trail of such authorization. 5. The Depository Participant agrees that the Client may give standing instructions with regard to the crediting of securities in his account and the Depository Participant shall act according to such instructions. 6. The Depository Participant undertakes to provide a transaction statement including statement of accounts, if any, to the Client at monthly intervals unless the Depository Participant and the Client have agreed for provision of such statements at shorter intervals. However, if there is no transaction in the account, then the Depository Participant shall provide such statement to the Client atleast once a quarter. 7. The Depository Participant shall have the right to terminate this agreement, for any reasons whatsoever, provided the Depository Participant has given a notice in writing of not less than thirty days to the Client as well as to the Depository. Similarly, the Client shall have the right to terminate this agreement and close his account held with the Depository participant, provided no charges are payable by him to the Depository Participant. In such an event, the Client shall specify whether the balances in its account should be transferred to another account of the Client held with another Depository Participant or to rematerialize the security balances held. Based on the instructions of the Client, the Depository Participant shall initiate the procedure for transferring such security balances or rematerialize such security balances within a period of thirty days as per the procedure laid down in the Bye Laws and Business Rules. Provided further, termination of this agreement shall not affect the rights, liabilities and obligations of either party and shall continue to bind the parties to their satisfactory completion. 8. On the failure of the Client to pay the charges as laid out in clause (1) of this agreement within a period of thirty days from the date of demand Depository Participant shall terminate this agreement and close the account of the Client by requiring it to specify whether the balances in its account be transferred to the account of the client held with another Depository Participant or be rematerialised in the manner specified in the Bye Laws and Business Rules of the Depository. 1 2 3 First Holder Second Holder Third Holder 27
9. The Client further agrees that in the event of the Client committing a default in the payment of any of the amounts provided in clause (1) within a period of thirty days from the date of demand, without prejudice to the right of the Depository Participant to close the account of the Client, the Depository Participant may charge interest @ not more than 24% p.a. or such other rate as may be specified by the Executive Committee from time to time for the period of such default. In case the Client has failed to make the payment of any of the amounts as provided in clause (1) of this agreement, the Depository Participant shall have the right to discontinue the Depository services till such time he makes the payment along with interest, if any, after giving two days notice to the Client. 10. The Depository Participant shall have a right to provide such information related to the Client s account as may be requested by the National Securities Depository Limited from time to time. 11. The Client shall have the right to create a pledge of the securities held in the dematerialized form with the Depository Participant only in accordance with the procedure and subject to the restrictions laid down under the Bye Laws and Business Rules. 12. The Depository shall not be liable to the Client in any manner towards losses, liabilities and expenses arising from the claims of third parties and from taxes and other governmental charges in respect of securities credited to the Client s account. 13. The Client may exercise the right to freeze his account maintained with the Depository Participant so as to lock the securities held with the Depository Participant in accordance with the procedures prescribed in the Bye Laws and Business Rules. 14. The Client may exercise the right to defreeze his account maintained with the Depository Participant in accordance with the procedure and subject to the restrictions laid down under the Bye Laws and Business Rules. 15. The Client shall notify the Depository Participant, within seven days, of any change in the details set out in the application form submitted to the Depository Participant at the time of opening the account or furnished to the Depository Participant from time to time. 16. The Depository Participant undertakes to resolve all legitimate grievances of the Client against the Depository Participant within a period of Thirty days. 17. The Depository Participant and the Client shall abide by the arbitration and conciliation procedure prescribed under the Bye Laws of National Securities Depository Limited and that such procedure shall be applicable to any disputes between the Depository Participant and the Client. 18. The Depository Participant and the Client further agree that all claims, differences and disputes, arising out of or in relation to dealings on the Depository including any transactions made subject to the Bye Laws or Business Rules of the Depository or with reference to anything incidental thereto or in pursuance thereof or relating to their validity, construction, interpretation, fulfilment or the rights, obligations and liabilities of the parties thereto and including any question of whether such dealings, transactions have been entered into or not, shall be subject to the exclusive jurisdiction of the courts at Mumbai only. IN WITNESS WHEREOF the Client and the Depository Participant has caused these presence to be executed as of the day and year first above written. Signed and delivered by 1 (for and on behalf of the Client) 2 3 First Holder Second Holder Third Holder Witness 1 (mandatory): Name : Address : Witness 2 (mandatory): Name : Address : Signature : Signature : Signed and delivered by (for and on behalf of the Depository Participant) 28
DEMAT ACCOUNT OPENING AGREEMENT-CDSL Non-Mandatory On stamp paper of Rs.20 AGREEMENT BETWEEN A PARTICIPANT AND A PERSON SEEKING TO OPEN A BENEFICIAL OWNER S ACCOUNT This Agreement made and entered into at... this... day of... between Geojit BNP Paribas Financial Services Ltd., (description of the legal entity) having his/its office/registered office at 5th floor,financetower, Kaloor, Kochi, hereinafter called the Particpant of the One Part; AND... (description of the legal entity) having his/ its Office/ registered office/address at...... hereinafter called the Beneficial Owner of the Other Part. WHEREAS the Beneficial Owner is desirous of opening a beneficial owner s account with the Participant and the Participant has agreed to open an account in the name of the Beneficial Owner and render services to the Beneficial Owner as a Participant, on the terms and conditions recorded here in below: NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: General Clause 1. The parties hereto agree to abide by the provisions of the Depositories Act, 1996, SEBI (Depositories and Participants) Regulations, 1996, Bye Laws and Operating Instructions issued by CDSL from time to time in the same manner and to the same extent as if the same were setout here in and formed part of this Agreement. Fees, Charges and Deposits 2. The Participant shall be entitled to change or revise the fees, charges or deposits from time to time provided however that no increase therein shall be effected by the Participant unless the Participant shall have given at least one month s notice in writing to the Beneficial Owner in that behalf. In case the Beneficial Owner committing a default in the payment of any such amount payable to the Participant on their respective due dates or within fifteen days of the same being demanded (where no such due date is specified), the Paticipant shall be entitled to charge interest on the amount remaining outstanding or unpaid not exeeding 18% per annum or part thereof. On such continued default, the Participant after giving two days notice to the Beneficial Owner shall have a right to stop processing of instructions of Beneficial Owners till such time he makes the payment along with interest if any. Statement of Account 3. I The Pariticipant shall furnish to the Beneficial Owner a statement of his/its account at the end of every month if there has been even a single entry or transaction during that month, and in any event once at the end of each quarter. [The statement of accounts to be provided to the Beneficial Owner under this Agreement shall be in the form specified in operating Instructions or as communicated by CDSL from time to time.] The Participant shall furnish such statements at such shorter periods as may be required by the Beneficial Owner on payment of such charges by the Beneficial Owner as may be specified by the Participant. 3.2 It is agreed that if a Participant is providing the services of issuing the statement of accounts in an electronic mode and if the Beneficial Owner is desirous of availing such services from the Participant, then the Participant will furnish to the Beneficial Owner the statement of accounts under its digital signature, as governed under the Information Technology Act, 2000. Provided however that in the event of the Beneficial Owner requiring a physical copy of the statement of accounts, despite receiving the same in the electronic mode, then irrespective of having forwarded the same via electronic mode, the Participant shall be obliged to provide a physical copy thereof to the BO. 3.3 It is agreed and understood between the parties that if the Participant does not have the facility of providing the statement of account in the electronic mode, then the Participant shall be obliged to forward the statement of account only in physical from.] Beneficial Owner shall intimate change of Particulars 4. The Participant shall not be liable or responsible for any loss that may be caused to the Beneficial Owner by reason of his/ its failure to intimate change in the particulars furnished to the Participant form time to time, unless notified by the Beneficial Owner. [Depository] not liable for claims against Beneficial Owner 5. CDSL shall not be liable to the Beneficial Owner in any manner towards losses, liabilities and /or expenses arising form the claims of third parties or for any fees, charges, taxes, duties, levies or penalties levied, imposed or demanded by any Central, State, statutory or revenue authority in respect of securities credited to the Beneficial Owner s account. 1 2 3 First Holder Second Holder Third Holder 29
Authorised Representative 6. Where the Beneficial Owner is a body corporate or a legal entity, it shall, simultaneously with the execution of the Agreement furnish to the Participant, a list of officials authorized by it, who shall represent and interact on its behalf with the Participant. Any change in such list including additions, deletions or alterations thereto shall be forth with communicated to the Participant. Closure of Account 7. The Beneficial Owner, may at any time terminate this Agreement by calling upon the Participant to close his/its account with the Participant in the manner and on the terms and conditions set out in the Bye Laws and the procedure laid down in the Operating Instructions. In the event of termination of this Agreement the Beneficial Owner shall either get the securities transferred to some other account or get the same rematerialised. Stamp Duty 8. Any stamp duty(including interest or penalty levied thereon) payable on the Agreement and / or on any deed, document or writing executed in pursuance hereof between the parties hereto shall be borne and paid by the beneficial owner. Force Majeure 9. Notwithstanding anything contained herein or in the Bye Laws, neither party hereto shall be liable to indemnify or compensate the other for any breach, non-performance or delay in performance of any obligations under the Agreement or for any harm, loss, damage or injury caused to the other due to causes reasonably beyond its control including but not limited to tide, storm, cyclone, flood, lightning, earthquake, fire, blast, explosion or any other act of God, war, rebellion, revolution, insurrection, embargo or sanction, blockade, riot, civil commotion, labour action or unrest including strike, lock-out or boycott, interruption or failure of any utility service, enemy action, criminal conspiracy, act of terrorism or vandalism, sabotage, or intrusion, or any other irresistible force or compulsion. Service of Notice 10. Any notice or communication required to be given under the Agreement shall not be binding unless the same is in writing and shall have been served by delivering the same at the address set out hereinabove against a written acknowledgement of receipt thereof or by sending the same by pre-paid registered post at the aforesaid address or transmitting the same by facsimile transmission, electronic mail or electronic data transfer at number or address that shall have been previously specified by the party to be notified. Notice given by personal delivery shall be deemed to be given at the time of delivery. Notice given by post in accordance with this clause shall be deemed to be given at the commencement of business of the recipient of the notice on the third working day next following its posting. Notice sent by facsimile transmission, electronic mail or electronic data transfer shall be deemed to be given at the time of its actual transmission. Arbitration 11. The parties hereto shall, in respect of all disputes and differences that may arise between them, abide by the provisions relating to arbitration and conciliation specified under the Bye Laws. Jurisdiction 12. The parties hereto agree to submit to the exclusive jurisdiction of the courts in... Governing Law 13. The Agreement shall be Governed by and construed in accordance with the laws in force in India. IN WITNESS WHEROF the parites hereto have hereunto set and subscribed their respective hands/ seals to this Agreement in duplicate on the day, month, year and place first hereinabove mentioned. Signed and delivered by 1 2 3 First Holder Second Holder Third Holder (for and on behalf of the Client) Witness 1 (mandatory): Name : Address : Signature : Witness 2 (mandatory): Name : Address : Signature : Signed and delivered by (for and on behalf of the Depository Participant) 30
DEMAT ACCOUNT - SCHEDULE OF CHARGES Non-Mandatory FEE STRUCTURE FOR DEPOSITORY SERVICES SECURITIES 1. Account Opening Charges : Nil 2. Dematerialisation charges : Nil + courier charges @ Rs.35/- 3. Rematerialisation charges : Rs.10 for every hundred securities or part thereof; or Rs.10 per certificate, whichever is higher + courier charges of Rs.35/- per scrip. 4. Custody Charges : Nil 5. Transaction Charges A Market trades a) For transaction through Geojit Debit (sales) : 0.02% subject to a minimum of Rs. 15/- and maximum of Rs.40/- per transaction if the delivery is through POA/ easiest with DCN/Speed-e/easi : 0.03% subject to a minimum of Rs.20/- and maximum of Rs.40/- per transaction if the delivery is through DIS or POA without DCN. Credit (purchase) : Nil Late Delivery of Slips (Received on the payin day) will be charged @ Rs 25/- per Transaction b) For transaction through other brokers Debit (sales) : 0.04 % subject to a minimum of Rs.50/- and maximum of Rs.100/- per transaction. Credit : Nil B Off Market Trades Debit (sales) : 0.02% subject to a minimum of Rs.20/- and maximum of Rs.40/- per transaction, if the receiving demat accounts is with Geojit BNP Paribas. : If the receiving demat account is outside Geojit BNP Paribas, then 0.04% subject to a minimum of Rs.50/- and maximum of Rs.100/- per transaction. Credit : Nil 6. Pledge charges Pledge creation : Rs.50/- per transaction Pledge closure : Nil Pledge invocation : Rs.100/- per transaction 7. Annual Maintenance Charges i. Resident Accounts : Rs.400/-,DCN clients :Rs.350/-(Not applicable in first FY for new clients) New Clients : Rs.400/-upfront or Rs.400/- payable equally in 4 Quarterly Installments of Rs.100/- each. ii. NRIs Accounts : Rs.1600/- iii. NRI Accounts using electronic : Rs.400/-(Not applicable in first FY/quarter for new clients) communication (DCN) iv. Corporate Account (CDSL only) : Rs.1000/- v. Speed-e advance : Rs.1000/- for clients who trade with other brokers vi. Speed-e AMC : Rs.100/- Additional printout of statements will be charged @Rs. 25/- per statement per account 1. Stamp charges are applicable in Account Opening. 2. All charges are inclusive of taxes, levies and other statutory charges and shall be charged at actual rates. 3. Charges are collected upfront by Cash/local cheque/dd or it will be debited to trading account of Sole/Joint demat account holder maintained with Geojit BNP Paribas. 4. Interest of 18% p.a would be charged on the dues amount from due date. 1 2 3 First Holder in Demat A/c Second Holder in Demat A/c Third Holder in Demat A/c 31
Non-mandatory AGREEMENT BETWEEN THE DEPOSITORY PARTICIPANT AND THE CLIENT FOR PROVIDING THE STATEMENTS OR COMMUNICATIONS THROUGH INTERNET This agreement made and entered into this day of 20 Between: situated at (hereinafter called the Client ), and Geojit BNP Paribas Financial Services Limited situated at 5 th Floor, Finance Tower, Kaloor, Kochi - 682 017 (hereinafter called The Depository Participant ) Withnesseth WHEREAS the Client has permitted the Depository Participant to provide the transaction statement through internet. NOW THEREFORE in consideration of the Depository Participant having agreed to provide the transaction statement through internet, both the parties to theh agreement hereby covenant and agree as follows: i. The client(s) is/are aware that it will not receive the transaction statements in paper form. Provided however that, incase when the Participant is not able to provide transaction statement to its Client s through internet (Web-based / Email) due to any unforeseen problems, the Participant should ensure that the transaction statement reaches to the Client in physical form as per the time schedule stipulated in the Bye Laws and Business Rules of NSDL/CDSL. ii. The Depository Participant shall install adequate systems to restrict the access of the transaction statement only to the Client. iii. The Client shall take all the necessary steps to ensure confidentiality and secrecy of the log-in name and password of the internet/email account. iv. The Client is aware that the transaction statement may be accessed by other entities in case the confidentiality/ secrecy of the login name and password is compromised. v. In case transaction statements are send by email, the client(s) shall immediately inform the DP about change in email address, if any. Such intimation shall be made by the client through customer care website of DP or by email or by written intimation. The Participant shall verify and confirm with the Client about the change. Further, the Participant shall confirm with the Client about the validity of the Email address atleast once in a year. vi. The Depository Participant and the Client shall have the right to terminate such service provided a written notice is given atleast 10 days in advance to the other party. vii. The transaction statements shall be digitally signed in accordance with the Information Technology Act, 2000. viii. The transaction statements shall be password protected. ix. The above terms and conditions are in addition to and not in violation of the terms and conditions forming a part of the Agreement between the Depository Participant and the person seeking to open an account with the Depository Participant signed by the Client at the time of opening the account with the Depository. In witness whereof the Depository Participant and the Client has caused these presents to be executed as of the day and year first above written. Signed and delivered by On Stamp paper of Rs. 20 First holder of the Demat Account Second holder of the Demat Account Third holder of the Demat Account (for and the behalf of the Clinet) Witness (mandatory) Name : Address : Signature : Signed and delivered by 32
This agreement (hereinafter referred to as Agreement ) is entered into on this... day of... 20..., by and between GEOJIT BNP PARIBAS FINANCIAL SERCIVES LIMITED, a Company incorporated under the Companies Act, 1956,having its registered office at 5th floor, Finance Towers, Kaloor, Kochi 682 017. (hereinafter referred to as GEOJIT BNP PARIBAS, which expression shall, unless repugnant to the meaning or context thereof, be deemed to mean and include its successors and assigns) of the One Part; 1 AND M/s / Mr./Mrs./Ms..., unique CLIENT code Being..., whose details are as below... (hereinafter referred to as the CLIENT which expression shall, unless repugnant to the context or meaning thereof be deemed to include his/her/its heirs and/or legal representatives and/or successors and/or executors and/or permitted assignees and/or successors in business in business) of the Other Part. WHEREAS: (a) GEOJIT BNP PARIBAS is engaged, inter alia, in the business of stock broking and is Trading Member of The National Stock Exchange of India Limited.,with SEBI registration Number INB 231337230 and Bombay Stock Exchange Ltd., with SEBI registration Number INB 011337236. (b) GEOJIT BNP PARIBAS is also engaged in providing margin Trading Facility (hereinafter referred to as MTF), as described hereinafter, to those CLIENTs who are registered with it as CLIENT for availing Stock Broking Services and have also entered into an agreement for availing of the Margin Trading Facility. (c) The CLIENT is registered with GEOJIT BNP PARIBAS as a CLIENT for stock broking services and is desirous of availing Margin Trading Facility, and has approached GEOJIT BNP PARIBAS with that request (d) Upon the request of the CLIENT, GEOJIT BNP PARIBAS has agreed to provide the said facility to the CLIENT subject to the terms and conditions contained in this Agreement. NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN GEOJIT BNP PARIBAS AND CLIENT AS UNDER I DEFINITIONS & INTERPRETATIONS 1. Initial margin means the minimum amount, calculated as a percentage of the transaction value, to be placed by the CLIENT, with GEOJIT BNP PARIBAS, before the actual purchase. GEOJIT BNP PARIBAS will advance the balance amount to meet full settlement obligations. 2. Maintenance Margin means the minimum amount, calculated as a percentage of the market value of the securities, calculated with respect to the last trading day s closing price, to be maintained by the CLIENT with GEOJIT BNP PARIBAS. 3. Margin Trading Facility or MTF means and refers to the facility pursuant to which part of the transaction value due to the Stock Exchange, at the time of purchase of shares, shall be paid by GEOJIT BNP PARIBAS on behalf of the CLIENT on CLIENT s request, on such terms and conditions as contained in this Agreement. 4. Mark to Market Loss or MTM Loss means the difference between the purchase value of the shares and the marked to market value of these shares. 5. Mark to Market value of shares or MTM Value of Shares means the value of shares calculated with reference to the previous day s closing price on the Stock Exchange. 6. Shares means and refer to the shares /stock /securities eligible for margin trading facility as specified by SEBI from time to time and approved by GEOJIT BNP PARIBAS for the purpose of granting MTF 7. Stock Exchange means the stock exchange on which the shares has been purchased Unless the context otherwise requires: 1. The expression month and year shall be to the calendar month or calendar year. 2. Reference to date or dates, which do not fall on a working day, shall be construed as reference to the day or date falling on the immediately subsequent Working day. II. CLIENT REPRESENTATION: The CLIENT hereby undertakes to: 1. Place the initial and maintenance margin amounts as GEOJIT BNP PARIBAS may specify to the CLIENT from time to time, subject to requirements specified by SEBI. 2 Non-mandatory MARGIN TRADING AGREEMENT 33 On Stamp paper of Rs. 20
2. Authorise retention of the shares with GEOJIT BNP PARIBAS upon the receipt of the same in the payout from the Stock exchange till the amount due in respect of the said transaction including the dues to GEOJIT BNP PARIBAS is paid on full by the CLIENT. 3. To pay to GEOJIT BNP PARIBAS -brokerage, commission, fees, transaction fees, transaction costs, service tax, stamp duty and other taxes/expenses as are prevailing from time to time and as they apply to the CLIENT s account, transactions and to the Services that GEOJIT BNP PARIBAS renders to the CLIENT. The CLIENT further authorises GEOJIT BNP PARIBAS to debit the CLIENT s account with the said costs and charges as and when the same becomes due for payment and the CLIENT hereby undertakes to pay the same immediately on demand made by GEOJIT BNP PARIBAS. 4. Abide by any revision in any of the terms of this agreement as may be agreed between the parties 5. Abide by all SEBI and Stock Exchange rules and regulations and keep itself informed of all amendments and changes to the relevant SEBI and Stock Exchange regulations. III. CLIENT S WARRANTIES The CLIENT warrants, represents and assures GEOJIT BNP PARIBAS that: 1. He has the necessary authority to enter into this Agreement and observe and perform the obligations herein contained. 2. He shall duly observe and perform the conditions and obligations stated herein. 3. He undertakes not to avail margin funding facility from any other broker during the pendency of this facility. IV. BROKER S REPRESENTATION GEOJIT BNP PARIBAS represents that: 1. On entering into this agreement and deposit of initial margin by the CLIENT, GEOJIT BNP PARIBAS undertakes to settle the obligation towards the Stock Exchange for and on behalf of the CLIENT. The CLIENT hereby agrees and authorises GEOJIT BNP PARIBAS to make such payment on his behalf. V. MARGIN TRADING FACILITY 1. The margin facility shall carry interest at... % per annum on daily outstanding balances, payable and compounded at Monthly rests. The aforesaid interest may be varied by GEOJIT BNP PARIBAS from time to time at their sole discretion. All parties to the agreement acknowledge their awareness and knowledge of the interest rate and of the fact that the same will fluctuate throughout the tenure of the loan. GEOJIT BNP PARIBAS shall debit the account of the CLIENT on the last day of every month/first day of the succeeding month, for payment before the 7th of the month and the CLIENT hereby undertakes to pay the same on or before the due date for payment. 2. The CLIENT shall be free to take the delivery of the Share at any time by repaying the amounts that was paid by GEOJIT BNP PARIBAS to the stock Exchange towards Shares, interest thereon and further paying all such sums of money as may be due towards brokerage, transaction costs and charges, service tax and other costs towards his transactions. Alternatively, CLIENT may at any time, but not before the delivery of shares has been actually received by GEOJIT BNP PARIBAS, choose to sell the shares on the Stock Exchange by issuing appropriate instructions to GEOJIT BNP PARIBAS. 3. Provided however that, the CLIENT may at his risk as to cost and consequences, choose to sell the Shares prior to receipt of confirmation from Stock Exchange of delivery of Securities against his Purchase, and in such situation, the CLIENT shall be fully responsible to bear the losses/ costs arising due to auctions / closeout by the Stock Exchange, in the event the delivery against purchase fails to materialize. 4. Where the shares are sold as provided in sub-clause 2/3 above, GEOJIT BNP PARIBAS will effect the pay-in of Shares to the Stock Exchange in accordance with the Stock Exchange requirements. Upon receipt of sale proceeds from the Stock Exchange towards the sale of shares, GEOJIT BNP PARIBAS shall, after deducting therefrom brokerage, fees, charges, levies, taxes, duties and other costs, charges and expenses, and further deducting amounts due to it from the CLIENT on account of moneys paid by GEOJIT BNP PARIBAS on his behalf to the Stock Exchange at the time of purchase of Shares and interest thereon, effect the net payment to the CLIENT. 5. GEOJIT BNP PARIBAS may, at its sole and absolute discretion, revise the limit of initial and / or maintenance margin amount from time to time.the CLIENT agrees and undertakes to abide by such revision, and where there is an upward revision of such margin amount, he agrees to make up the shortfall within such time as GEOJIT BNP PARIBAS may permit, failing which the CLIENT shall be deemed to be in breach of this Agreement. 6. The MTF shall be provided only in respect of such Shares as may be decided by GEOJIT BNP PARIBAS from time to time. 7. The CLIENT may furnish further Margin Amount from time to time for availing higher MTF Limit. 8. Notwithstanding anything contained herein, GEOJIT BNP PARIBAS may with 5days notice, demand payment of the amounts paid by GEOJIT BNP PARIBAS for the Shares and in the event that the CLIENT does not make 3 34
payment for the Shares paid by GEOJIT BNP PARIBAS, interest thereon or all sums of money as may be due towards brokerage, transaction fees and transaction costs, safe custody fees, demat fees, service tax, stamp duty and other taxes and charges, and other costs towards his transaction incurred by GEOJIT BNP PARIBAS, GEOJIT BNP PARIBAS will be entitled, with 5 days notice, to adjust the Margin Amount against the dues of the CLIENTs, and CLIENT hereby authorises GEOJIT BNP PARIBAS to make such adjustment. After such adjustment, if any further amount is due from the CLIENT to GEOJIT BNP PARIBAS, the CLIENT shall settle the same forthwith. In the event of failure of the CLIENT to settle the dues of GEOJIT BNP PARIBAS within the said 5 days, GEOJIT BNP PARIBAS shall be entitled to enforce his rights and shall be entitled to sell off Shares, and adjust/ apply the net sale proceeds thereof in recovery of its dues and the CLIENT further agrees to pay the balance amount due, if any, without demur, on a demand being made in that respect. The CLIENT shall always remain liable to GEOJIT BNP PARIBAS for any shortfalls remaining after adjust of the Margin Amount and the sale of Shares and appropriation of sale consideration (net of transaction costs). VI. MONITORING CLIENT S POSITIONS 1. GEOJIT BNP PARIBAS shall monitor and review on a continuous basis the CLIENT s positions with regard to the margin trading facility. 2. The GEOJIT BNP PARIBAS shall make a margin call requiring the CLIENT to place such Margin amount as may be specified by GEOJIT BNP PARIBAS, with a view to make up for the MTM Loss, If any, in accordance with SEBI requirements. 3. On receipt of margin call intimation from GEOJIT BNP PARIBAS, the CLIENT shall make good such deficiency by placing the further Margin Amount, within such time as it specified by SEBI, failing which the CLIENT shall be deemed to be in breach of this agreement. Notwithstanding what is stated above, GEOJIT BNP PARIBAS may immediately sell the shares, in the circumstances specified by SEBI and for this purpose, the CLIENT do hereby expressly authorise such sale, and thereafter, the sale proceeds shall be treated in the manner specified in Clause V.4 above. 4. GEOJIT BNP PARIBAS may, in its sole discretion, determine which Shares is / are to be sold, and / or which contract(s) is/are to be closed. Further, notwithstanding any notice given to the CLIENT to furnish additional margin, where the Margin falls % of the market price of the Shares purchased, the CLIENT hereby authorises GEOJIT BNP PARIBAS to dispose of the Shares without reference to the CLIENT and the CLIENT undertakes to pay the balance amount due, if any, without demur on demand being made in that respect. 5. The CLIENT agrees and understand that GEOJIT BNP PARIBAS shall have full freedom and authority to vary, modify, revise the initial and maintenance margin amount, minimum transaction amount from time to time, subject to the SEBI requirements in this respects in this respect, and CLIENT agrees to abide by such variation, modification or revision. 6. GEOJIT BNP PARIBAS may make a margin call either by way of a phone call (landline or cell phone) (including through a recorded line) or facsimile message, email or letter dispatched through courier or post or hand delivered to the CLIENT. Any notice or other communication to be given by one party to the other in writing shall be deemed duly served if delivered personally or send by confirmed facsimile transmission or by courier or prepaid registered post or email to the addressee at the address / number (if any), of that party. VII. PLEDGE OF SECURITIES Notwithstanding anything contained in this Agreement, the CLIENT hereby pledges and shall deemed to have pledged forthwith the Shares, at the time when received by GEOJIT BNP PARIBAS, as security for repayment and settlement of amounts due to GEOJIT BNP PARIBAS from the CLIENT under Margin Trading Facility along with interest and other amounts payable thereunder. The CLIENT hereby records that the share certificates account statements or any other documents evidencing the right, title and interest of the CLIENT as the holder of the Securities shall remain deposited being marketable securities, for repayment of the amounts due under the Margin Trading Facility and this instrument accordingly shall be deemed to be connected with the mortgage of the marketable securities / Shares as contemplated by Section 24 of the Bombay Stamp Act, 1958/ Section 23A of the Indian Stamp Act, 1899 or the corresponding/relevant provisions of the Stamp Act as in force in the relevant state. VIII.BREACH OF THIS AGREEMENT In the Event of CLIENT committing any breach of any terms or condition of this Agreement, GEOJIT BNP PARIBAS shall be entitled to terminate this Agreement forthwith. However, GEOJIT BNP PARIBAS at its option may elect to give notice to the CLIENT of such duration, and extended from time to time, if so decided by GEOJIT BNP PARIBAS, requiring the CLIENT to cure the breach. 4 35
IX. TERMINATION & EXPIRY 1. This Agreement shall stand terminated forthwith, as provided in Clause VIII above, or on the CLIENT failing to cure the breach within the time period as provided in the Notice given thereunder. GEOJIT BNP PARIBAS may also terminate this agreement by giving to the CLIENT 5 Days notice, without assigning any reason whatsoever. 2. This Agreement shall automatically stand terminated, without any further act or part of any party hereto, on and from the date of termination/determination of the CLIENT Member Agreement executed between the parties hereto in respect of stock broking services provided / being provided by GEOJIT BNP PARIBAS to the CLIENT. 3. In the event of termination/determination of this Agreement, the CLIENT shall forthwith settle the dues of GEOJIT BNP PARIBAS to make such adjustment. 4. After such adjustment, if any further amount is due from CLIENT to GEOJIT BNP PARIBAS, the CLIENT shall settle the same forthwith. Upon full settlement of all the dues of the CLIENT to GEOJIT BNP PARIBAS, GEOJIT BNP PARIBAS shall release the balance amount to the CLIENT. 5. In the event of failure of the CLIENT to settle the dues of GEOJIT BNP PARIBAS within days, GEOJIT BNP PARIBAS shall be entitled to enforce its rights and shall be entitled to sell off shares, and adjust /apply the net sale proceeds thereof in recovery of its dues and the CLIENT further agrees to pay the balance amount due, if any, without demur, on a demand being made in that respect 6. The CLIENT shall always remain liable to GEOJIT BNP PARIBAS for any shortfall remaining after adjust of the Margin Amount and the sale of Shares and appropriation of sale consideration (net of transaction costs) X. NOTICES & COMMUNICATIONS 1. Any notice or other communication to be given by one party to the other under or in connection with this Agreement shall be in writing and shall be deemed duly served if delivered personally or sent by confirmed facsimile transmission or by prepaid registered post or email to the addressee at the address/ number(if any), of that party set opposite its name below: (a) Notices/ Communications to be sent to GEOJIT BNP PARIBAS FINANCIAL SERVICES LIMITED: Address: 5th Floor, Finance towers, Kaloor, Kochi.Kerala 682 017. Fax: 0484-2405618. E-mail: mailus@geojit.com; customercare@geojit.com (b) Notices/Communications to be sent to the CLIENT: Address:... Fax:... Email:...Mobile... XI. ARBITRATION All disputes, differences, claims and questions whatsoever arising from this Agreement between the parties and / or the respective representatives touching these presents or any clause or thing herein contained or otherwise in any way relating to or arising from these presents shall be referred to the arbitration mechanism of the stock exchange. Such arbitration shall be conducted in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force and the stock exchange bylaws. Unless the same falls within the jurisdiction of the arbitration mechanism of the Stock Exchange, for all disputes, differences and claims, a single arbitrator shall be appointed with the consent of the parties. Arbitration shall be conducted in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force, in Cochin. Subject to the above provisions, the Courts in Cochin shall have exclusive jurisdiction. XII WAIVER 1. Subject to SEBI requirements, any of the terms and conditions of this Agreement may be waived at any time by GEOJIT BNP PARIBAS, but no such waiver shall affect or impair the right of GEOJIT BNP PARIBAS to require observance and performance of any other term or condition hereof and no waiver hereunder shall be considered valid unless made in writing and signs by GEOJIT BNP Paribas and no such waiver, or any failure or delay on the part of GEOJIT BNP PARIBAS to exercise any right, power or privilege hereunder shall be deemed a waiver of any subsequent breach of default nor shall any single or partial exercise of any such right,power or privilege preclude any further exercise thereof or the exercise of any other right, power or privilege. 2. If one or more rights or provisions set forth in this Agreement is invalid or unenforceable, it is agreed that the remainder of the Agreement shall be enforceable and that, to the extent permitted by law, the parties intentions, as reflected in any such right or provisions that is invalid or unenforceable, shall be given effect to. 5 36
XIII. CLIENT CONFIDENTIALITY The member hereby undertakes to maintain, the details of the CLIENT as mentioned in the CLIENT registration form or any other information pertaining to the CLIENT in confidence and that he shall not disclose the same to any person/entity except as required under the law. Provided however that the member may share the details of the CLIENT as mentioned in the CLIENT registration form or any other information pertaining to the CLIENT with parties/entities other than required under law with the express permission of the CLIENT. XIV. MISCELLANEOUS 1. The CLIENT authorises GEOJIT BNP PARIBAS to keep custody of the Shares whether received in physical form or demat form until all amounts due to GEOJIT BNP PARIBAS including interest are paid in full and a confirmation in writing to this effect is issued by GEOJIT BNP PARIBAS. 2. For this purpose the CLIENT authorise GEOJIT BNP PARIBAS to operate the depository beneficiary account opened in the name of the CLIENT for keeping the shares purchased under MTF. 3. Further, the CLIENT hereby authorises GEOJIT BNP PARIBAS to do the following acts on its behalf: a) To authorise officials to operate the said beneficiary account and to issue instructions relating thereto. Such account not be operated by the CLIENT only and shall be operated by GEOJIT BNP PARIBAS also through Broker s authorised officials till such time, all dues are paid in full and satisfactorily settled. b) To receive delivery of securities on its account / give valid and effectual delivery of securities. c) To have the first and paramount lien on the said demat account and also the right to dispose off, transfer or deal in any other manner on behalf of the CLIENT, the shares held in the above demat account(s). 4. The Powers herein referred to are irrevocable until all dues to GEOJIT BNP PARIBAS are satisfactorily settled and agreed to by both the parties and are in addition to the powers set out in the Power of Attorney already executed/ to be executed by the CLIENT in favour of GEOJIT BNP PARIBAS, which shall form part of this Agreement. IN WITNESS WHEREOF the parties hereto have set their respective hands on the date above-mentioned. Client s Signature Signature : 6 (Full signature required) Client Name Witness: Geojit BNP Paribas Financial Services Ltd. Authorized signatory Signature: Name of Authorized Signatory: Witness: 1. Name & Address : 1. Name & Address : Signature of the witness : Signature of the witness : Note: All references to the specific quantity/rate/fee mentioned in this Agreement are subject to change from time to time, as so agreed to in writing between the parties. 37
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Non-mandatory On Stamp paper of Rs. 100 POWER OF ATTORNEY MARGIN TRADING This Power of Attorney is executed by I/We(1)...residing at... (2)...residing at......and (3)... residing at... am/are clients of Geojit BNP Paribas Financial Services Limited, a company incorporated under the provisions of the Companies Act, 1956, (hereinafter referred to as Geojit ) having its registered office at 5th Floor, Finance Towers, Kaloor, Kochi - 682017, which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its executors, administrators, successors and assigns by way of amalgamation and/or merger and registered as a stock broker of National Stock Exchange of India Ltd. (NSE) [SEBI registration number INB 231337230 in the Capital Market Segment with CMBP ID IN506594 & Pool account number 10000004] and Bombay Stock Exchange Ltd. (BSE) [SEBI registration number INB 011337236 in the Capital Market Segment with CMBP ID IN603287 & Pool account number 10324155] having single/joint depository account under DP Id No... with Client Id No... 1) I/We am/are trading through Geojit BNP Paribas Financial Services Ltd and has availed off the Margin Trading facility being offered by them. and I/we have the trading account with Trade Code No... I/ We have opened the above mentioned DP account for holding the shares purchased under margin trading facility. 2) In respect of the transactions done by me/us in shares and securities through Geojit under the above referred Trade Code with Geojit, I/we normally submit the DIS to the concerned branch office of Geojit to effect the transfer of shares from my/our above referred DP Beneficiary accounts(s) held with Geojit. 3) In view of the practical difficulty in submitting the DIS on time, and to meet the exact pay-in obligation arising out of the market trades done by me/us in the above referred trading a/c with Geojit, I/ we now hereby authorize Geojit to operate and to affect the transfer of shares from my/our above referred depository a/c with Geojit BNP Paribas Financial Services Ltd. 4) Till the amount due in respect of the Margin Trading facility availed from Geojit BNP Paribas Financial Services Ltd, including interest and other charges to the broker is paid on full by me/us and a confirmation to that effect is received from the Broker, other than myself,geojit BNP Paribas through its authorized officials will be operating the said DP account. During the said period I/We hereby authorize you to effect the transfer of shares from my/our account against the sale transactions effected under the Margin Trading facility and for which necessary instructions/statements by way of Delivery instruction slips or Electronically generated files will be issued by my/our broker from time to time. I hereby agree, admit and acknowledge that all acts, deeds or things done by the DP pursuant to this shall be binding upon me/us. In addition by virtue of this, Geojit BNPPFSL shall be authorized to create, close and invoke pledge of shares from the above said account and also to issue instruction including for closure of account. 5) I/we further stipulate that the transfer of shares by Geojit shall be made only in respect of shares sold in the market through Geojit by me/us from the above referred Depository a/c and in the above referred trading account and this authorization shall not in any way be applicable for off market transactions in the above referred depository account with Geojit. 6) I/we hereby authorize Geojit to transfer any charges due to Geojit from the above mentioned Depository a/c to my /or above referred Trading a/c. I/we further authorize Geojit to adjust any such charges due to Geojit from any amount payable to me/us by Geojit. First Holder in Demat A/c Second Holder in Demat A/c Third Holder in Demat A/c 39
This PoA is executed on the firm understanding received from Geojit that, Geojit would return the securities or funds that would have been received by Geojit erroneously or without authority from me/us. It is specifically made clear herein that this PoA shall be canceled or revoked at any time without any advance notice from my/our side, however those obligations arising before such cancellation shall be carried out by Geojit, for which I/We shall not raise any objection. It is also made clear hereby that, by virtue of me/us executing this PoA, Geojit may send a consolidated summary of my/ our scrip wise buy and sell positions taken with average rates by way of an SMS/email on a daily basis, in addition to the normal documents being received from Geojit. I/ We hereby agree that all acts done by Geojit under this PoA shall be construed as acts and deeds done by me/us jointly as well as severally and we further confirm and ratify all and whatsoever Geojit shall lawfully do or cause to be done by virtue of this PoA. Dated this the...day of...20... (full signature required) (full signature required) (full signature required) First Holder in Demat A/c Second Holder in Demat A/c Third Holder in Demat A/c Witness Signature: Address: Name: 40
Non-mandatory ADDITIONAL TERMS & CONDITIONS FOR BROKING AND OTHER PRODUCTS & SERVICES 41 On Stamp paper of Rs. 20 The Client acknowledges and agrees that he/it has read and understood the terms and conditions relevant to trading in Capital Market Segment and F&O Segment of the Exchange and prescribed by Geojit. The Client further agrees that he/it is bound by the said terms and conditions and any amendments and variations made by Geojit. The Client further agrees that the terms and conditions notified by Geojit shall be deemed to have been incorporated herein by reference in modification of the rights and obligations of the parties mentioned in this Agreement. 1. This Agreement shall, at all times, be subject to applicable law, any government notifications, relevant statutory rules, regulations, bye laws, directions and/or orders of the concerned regulatory body having jurisdiction over the transaction of the Products and/or Services, as the case may be. 2. The Client undertakes: (a) In case of Non-Residents of Indian National / Origin, the funds are remitted from abroad through approved banking channels or from funds in their NRE / NRO / FCNR Account and to arrange for Foreign Inward Remittance Certificate (FIRC), if required; (b) (c) To comply with all the requirements, applicable laws including the Prevention of Money Laundering Act (PMLA); To comply with the requirements communicated by Geojit for the purpose of compliance of all the rules, regulations, circulars and policies that may be applicable at present and as may be introduced from time to time on Permanent Account Number (PAN), Know Your Customer (KYC), etc and agrees to inform Geojit any changes in the particulars furnished in the KYC including but not limited to any disciplinary actions/ regulatory actions taken against the Client and/or its directors and officials. 3. Joint Accounts: If Client maintains a joint bank account, the other joint holder should irrevocably appoint the Client as attorney-in-fact to take all action on his or her behalf and to represent him or her in all matters with respect to this Agreement. Client agrees to indemnify Geojit, and Geojit shall be fully protected in acting upon the instructions of either of Client. Client shall be jointly and severally liable for any amounts due to Geojit pursuant to this Agreement, whether incurred individually or by both. In the event of the death of any of the joint owners, the surviving joint owner(s) shall immediately give Geojit proper written notice thereof. Geojit may, before or after receiving such notice, take such proceedings, require such documents, retain such portion of and restrict transactions in the account as they deem advisable, in their sole discretion, to protect themselves against any tax liability, penalty or loss under any present or future laws or otherwise. 4. The Client confirms that he shall not transfer funds to Geojit from any bank account other than from Banks registered with Geojit for the purpose 5. The Client shall at all times continue to be responsible for any transaction ordered on his accounts prior to the discontinuation of the facility to avail or invest in the Products and/or Services. If the service is withdrawn for any reason including breach of this Agreement, and or terms and conditions by the Client, Geojit shall not be liable to return annual charges, if any, recovered from the Client for the period in question. The closure of the accounts of the Client shall automatically terminate the facility to avail or invest in all the Products and/or Services offered by Geojit including Online services. Geojit may suspend or terminate this Agreement without prior notice if the Client has breached any of the terms and conditions or the provision of this Agreement or it learns of the death, bankruptcy or lack of legal capacity of the Client. 6. The Client authorises Geojit to process / execute all the orders / requests placed by the Client online and or offline. The Client shall, at all times, be liable to pay Geojit, the commission/brokerage/fees, service tax, levies and other taxes and transaction expenses as applicable / notified by Geojit on its Portal, website or otherwise by Notification from time to time or as per the prevailing rules and regulations. Geojit is hereby expressly authorised to make advances and spend monies as may be required for carrying out such transaction. 7. The Client agrees to maintain sufficient balance in the investment Account, bank account and demat accounts to meet the obligations of Geojit arising due to transactions executed by the Client for availing or investing in the Products and/ or Services. 8. The Client further agrees to execute and provide a Power Of Attorney ( POA ) and other necessary documents to Geojit for the purpose of availing or investing in the Products and/or Services in the form as Geojit may require from time to time. 9. The Client agrees that Geojit shall under no circumstances be held liable by the Client in case of its online and or offline systems or Portal or its website or any related third party s site / services access not being available in the desired manner for reasons including but not limited to natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or Internet or network failure, software or hardware error or any other reason beyond its control. Geojit shall under no circumstances be liable for any damages whatsoever whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on the loss of revenue, 1
opportunity loss, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the Client or any other person, representations warranties and convenants by the clients. a. The Client shall, at all times, be responsible for his investment decisions and / or instruction for transaction placed, or applications preferred by the Client, online and or offline. The Client shall not hold, nor seek to hold, Geojit and its Portal or any of its officers, directors, employees, agents, subsidiaries or affiliates, liable for any loss including but not limited to any losses incurred by and/or attributed to the Client. The Client understands that placing an instruction with Geojit, either electronically or otherwise, online or offline does not guarantee execution of the said instruction or acceptance of an application. Geojit shall not be deemed to have received any electronically transmitted instruction or application until Geojit has confirmed to the Client the receipt of such an instruction or application; b. The Client has complied in all material respects with all taxation laws in all jurisdictions in which it is subject to taxation and has filed all tax returns and paid all taxes and statutory dues due and payable by it and, to the extent any taxes are not due, has established reserves that are adequate for the payment of those taxes and statutory dues. The Client shall continue to comply with all taxation laws as applicable; c. The funds invested/to be invested in various Products and/or Services legally belong to the Client; d. The Client declares that the Client has not received nor been induced by any rebate or gifts, directly or indirectly in making investments in any of the Products and/or Services offered by Geojit; 10. The Client also acknowledges that the employees of Geojit are not authorized to give out any advice and the Client shall at all times be responsible and liable for his own actions/inaction. The Client may be able to access investment research reports through the Internet from the website, including computerized online services or other media. The availability of such information does not constitute a recommendation to buy or sell any of the investment Products. Any investment decisions will be based solely on the Client s own evaluation of financial circumstances and investment objectives. Any real-time quotes provided are only for the Client s individual use and the Client shall not furnish such data to any other person or entity. 11. Neither Geojit nor any other party disseminating any data/ message/ information shall be liable for any loss, or damage or non-performance arising from or occasioned by inaccuracy, error, omission in or delay in the transmission or delivery, interruption in any such data, information or message if the performance is prevented, hindered or delayed by a Force Majure event and in such case its obligations shall be suspended for so long as the Force Majure event continues (provided that this shall not prevent the accrual of interest on a principal amount which would have been payable but for this provision. Force Majure Event means any event due to any cause beyond the reasonable control of Geojit, including, without limitation, unavailability of any communication system, equipment or software malfunction, accident, power failure, breakdown or interruption or delay or any technical flaw in the Website or computer systems or communication lines or equipment, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government. 12. The Client accepts full responsibility for the monitoring and safeguarding his accounts. The Client shall immediately notify Geojit in writing, delivered via e-mail and Registered AD. If the Client fails to notify Geojit immediately upon the Client s knowledge when any of the above conditions occur, neither Geojit nor any of its officers, directors, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to the Client or to any other person whose claim may arise through the Client for any claims including but not limited to claims arising with respect to the handling, mishandling or loss of any order. Under no circumstances, including negligence, shall Geojit or anyone involved in creating, producing, delivering or managing Geojit s services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the service, or out of any breach of any warranty. a. If the Client becomes aware of any loss, theft or unauthorized use of the passwords, digital signatures, PIN, as the case may be and account number; or b. Any failure by the Client to receive a message from Geojit indicating that an order or an application was received and executed; or c. Any failure by the Client to receive an accurate confirmation of an execution; or d. Any receipt by the Client of confirmation of an order and/or execution which the Client has not placed; or e. Any inaccurate information in the account balances, Investment Products positions, or transaction history 13. The Client shall be solely responsible for providing, maintaining and securing the communications equipment (including personal computers (from attack of viruses or hackers) and modems) and telephone or alternative services required for accessing and using the website or related services, and for all communications service fees and charges incurred by the Client in accessing the Portal/website or related services. 14. The Client understands that Geojit may at any time at its sole discretion and without prior notice to the Client, prohibit or restrict Client s access to the use of its Portal, website or related Products and/ or Services and Client s ability to deal in. 2 42
15. The Client is aware, understands, agrees and authorises that Geojit may, at its discretion record the conversations between the Client/its representative and Geojit, either personally or over the telephone, or other electronic media. Such recordings may be relied upon by Geojit and the Client as and when required to resolve dispute arising as a result of any transactions/availing/investing in the Products and/or Services, as the case may be. 16. The Client shall notify Geojit within seven days, of any change in the details set out in the KYC application form. 17. The Client acknowledges that he is fully aware of the risks involved in online trading activities, including the risk involved due to unauthorised access or any technical difficulties. The Client specifically agrees to hold Geojit harmless from any and all claims, and agrees that Geojit shall not be liable for any loss, actual or perceived, caused directly or indirectly by government restriction, regulatory restrictions, exchange or market regulation, suspension of trading, war, strike, equipment failure, communication line failure, system failure, security failure on the Internet, unauthorised access, theft or any problem, technological or otherwise or other condition beyond the control of Geojit that might prevent the Client from any transaction in Products or availing the Services or might prevent Geojit from executing any transaction on behalf of the Client or providing any Service to the Client. The Client further agrees that Geojit will not compensate the Client in any manner, including for lost opportunity viz. notional profits. Furthermore, in a technical environment, should an error occur with respect to the tracking of any account holding or order entry, the true, actual and correct transaction or position will be restored, it is Client s responsibility to ensure account correctness and accuracy and to contact Geojit immediately in respect of any discrepancies. 18. Geojit shall provide its services on a best effort basis. However Geojit shall not be liable for any software and or hardware failure or for any loss, damage or other costs arising in any way out of: (a) System failure including software and or hardware failure, connectivity break-down, failure of ancillary or associated systems, or fluctuation of power, or other environmental conditions; or (b) Accident, transportation, neglect, misuse, errors, frauds of the clients or agents or any third party; or (c) Any fault in any attachments or associated equipment of the clients; or (d) Any incidental, special or consequential damages including without limitation of loss of profit; or (e) Any claim, action, loss, damages incurred by the client in respect of the schemes offered online. 19. The Client shall not hold Geojit / AMC / Registrar / Issuers responsible for rejection of transactions, delay in processing, losses, damages, non-receipt of Account Statements, etc. that arise due to any of the following reasons: a. Inaccurate bank and personal details such as address, email address, etc. including documents supporting the same are not provided; b. Any change in bank and personal details such as address, email address, etc not communicated along with supporting documents; c. Correct NAV not being allotted to the Client s transactions on the website for reasons stated in clauses 36 and 37; d. Geojit may consider not to process transaction requests placed by Clients through channels that are not offered at that point in time; e. Unavailability of transaction services due to Non-receipt of Client consent for merger of folios in case multiple folios are allotted to the Client in any given Fund House. 20. The Client hereby agrees to indemnify Geojit against any loss (actual or notional), costs, expenses etc., which may be suffered by Geojit and/ or their Group Companies and associates, or against any claim, demand, action, proceeding that may be initiated against Geojit and/ or their Group Companies and associates, in connection with non-compliance of any applicable rules and regulations or arising out of or in connection with /due to a breach of any of the Client obligations under the Agreement, Terms and Conditions, etc. 21. All transactions in Products, contracts for availing Services are subject to the rules, byelaws and regulations of the relevant regulatory authorities governing the said Products and/or Services as may be applicable from time to time and shall be deemed to be and shall take effect as wholly made, entered into and to be performed in the city of Kochi, unless the relevant regulations prescribe otherwise and the parties to such transactions in Products and/or contract for availing such Service shall be deemed to have submitted to the jurisdiction of the courts in Kochi, unless the relevant regulations governing such Product or Service prescribe otherwise. 22. Notwithstanding anything contained in these presents, any amounts which are due from the Client to Geojit towards trading and or investments in any of the segments / exchanges or otherwise or on account of services availed or to any of Geojit s group or associate companies will be charged delayed payment charges at such rate per month as may be determined by Geojit from time to time. The Client hereby agrees and authorises Geojit to directly debit the same to the account of the Client. The Client agrees that if payment is delayed by the Client, the value of which may be greater than the dues by the client to Geojit may suspend fully or partially access to all or any of the Products and/or Services or take legal action or any such action as it may deem fit. 3 43
23. The Client expressly authorizes Geojit to seek bank and or demat balances from the Clients Bank and Depository Participant to facilitate the Client in offering its Products and/or Services. 24. The Client acknowledges that Geojit has integrated with the Banks directly and or outsourced the same to services providers to offer online fund transfer facility to the Client for the Client comfort and convenience. The Client is aware that it can avail the same provided it has registered with Geojit its bank account maintained with any of such banks. The Client also understands and accepts that the Bank may impose terms and conditions that it may deem fit while providing such services. The Client is also aware and agrees not to hold Geojit responsible if due to technical issues the funds may be blocked or debited from his bank account but it may not reflect in Geojit s bank account due to which Geojit may not be able to provide / increase the Clients limits for trading / investments. The Client understands and accepts that the Banks may impose such conditions and limitations for transferring funds online to Geojit as it may deem fit. 25. The Client is aware that Geojit provides research reports ( Research Reports ) and market news electronically and or otherwise. The Client has the option to subscribe to such services and also to select the modes of communication, if any, for the same such as email, SMS, etc. The Client has the absolute discretion to act on the said Research Reports. The Client agrees not to hold Geojit responsible for any losses or damages suffered by the Client, whatsoever, on account of acting upon such Reports and shall accept the Terms and Conditions related to such services while availing them. The Client also agrees not to hold Geojit responsible for delay or non-delivery of such information and reports to the Client for reasons beyond the control of Geojit and or its service providers. 26. The Client expressly authorizes Geojit, the Depository Participant, to send the transaction statements either by email or on website (in secure environment) or both and is aware that it will not receive the transaction statements in paper form. The Client will take all the necessary steps to ensure confidentiality and secrecy of the login name and password of the internet/ email account failing which the Client is aware that the transaction statement may be accessed by other entities. Geojit and the Client shall have the right to terminate such service provided a written notice is given atleast 10 days in advance to the other party. Geojit shall provide the transaction statement to its Clients in paper form if the same cannot be provided by email or on website due to any reason (including bounced emails). Geojit will ensure that the transaction statements are digitally signed in accordance with the Information Technology Act, 2000 and that they are password protected. 27. The Client opting for Offline facilities will be provided access to Online systems for the purpose of Viewing Only. Such Offline customers may however consider to opt for Online fund transfer-in and fund transfer-out functions. 28. The Client understands and agrees that in case of request for payout is made by the Client, Geojit shall pay to the default Bank account linked to the Clients Investment account. The Client understands and agrees that Geojit may endeavor to make the payout in such other Bank account linked to the Client Investments as the Client may inform Geojit. 29. The Client acknowledges and agrees to the terms and conditions for availing or investing in the Products and/or Services, as the case may be, on its Website and the Client also acknowledges and confirms that the Client has read all the terms and conditions relating to availing or investing in the Products and/or Services on the date of this Agreement. Further, any communication of Geojit in any of the following modes shall be deemed to be a valid and due notification to the Client on the terms and conditions relating to the Products and/or Services ( Notification ): a. delivering it by post; b. sending it by registered post; c. sending it under certificate of posting; d. sending it by express delivery post / courier services; e. sending it by telegram; f. affixing it on the door at the last known business and/or last known address; g. oral communication; h. advertising it at least once in any prominent daily newspaper; i. The notification on its website; j. an electronic mail or fax or any other electronic network including k. SMS; l. any other accepted mode of communication. 30. The Client acknowledges and agrees that the terms and conditions specified herein are liable to be varied by Geojit from time to time and such variations are exhibited on its Portal or otherwise communicated by way of a Notification by Geojit, and they shall be deemed to have been agreed by the Client and deemed to have incorporated in this Agreement, if the Client after such variation avails or invests in the Products and/or Services, as the case may be. The Client acknowledges and agrees that if the Client is transacting or availing the Products and/or Services, as the case may be, on offline, then the Notification from time to time will be binding on the Client, and if the Client chooses to transact or avails the Products or Services, as the case may be, thereafter, as if the said terms and conditions were made as a part of this Agreement. 31. The Client acknowledges and agrees that Geojit accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Website can be accessed by a person in a 4 44
country other than India would not mean that the laws of the said country would govern the Products and/or Services offered under the agreements. 32. The Client acknowledges and agrees that under no circumstances shall Geojit be liable to the Client for indirect, incidental, consequential, special or exemplary damages arising from or in connection with the Products and/or Services provided to the Client, even if Geojit has advised of the possibility of such damages, such as, but not limited to, loss of revenue or anticipated profits or lost business. The Client further acknowledges and agrees that in no event the liability of the Geojit, in respect of any Product and/or Service offered by Geojit, for any loss and damages caused to the Client for any reason shall exceed the amounts paid by the Client as a fee to Geojit for availing the relevant Services or transacting in the relevant Products, as the case may be. 33. The invalidity or unenforceability of any provisions of the Agreements, Terms and Conditions, Power of Attorney and any other documents in any jurisdiction shall not effect the validity, legality or enforceability of the remainder of this Agreement, Terms and Conditions, Power of Attorney and any other documents in such jurisdiction or the validity, legality or enforceability of this Agreement, Terms and Conditions, Power of Attorney and any other documents including any such provision, in any other jurisdiction, it being intended that all rights and obligations of the Parties hereunder shall be enforceable to the fullest extent permitted by law. 34. The Client may not assign any right and obligations hereunder without first obtaining the prior written consent by an authorised officer of Geojit. The Client agrees that Geojit, may, however assign their rights and obligations to any third person without the prior consent of the Client. 35. The facilities, Products and/or Services under the Investment available by the Client vide these Agreements, Terms & Conditions; Power of Attorney may be terminated by the Client by giving at least thirty days written notice in advance and shall obtain written acknowledgement of the receipt of the notice from Geojit. Such termination shall not have any effect on the transactions executed before the date of such notice of termination and the parties shall enjoy the same rights and shall have the same obligations in respect of such transactions. The termination shall be without prejudice to the execution of all outstanding Transactions entered into between the Parties. Geojit shall be entitled to receive all fees and other monies becoming due up to the date of such termination and deduct any sum payable to it from any amounts Geojit may have to remit to the Client on termination. 36. Without prejudice to the generality of the above, Geojit reserves the right to interrupt, suspend or terminate, at any time, without specifying any reason, the access of the Client to the Products and/or Services offered hereunder and will make best efforts to give the Client appropriate notice of the same. Notwithstanding anything contained herein, Geojit may terminate these Agreements, Power of Attorney etc. on the occurrence of any of the following events at any time by the Client that constitutes an event of default: (a) Failure by the Client to make, when due, any payment required to be made by it, and if such failure is not remedied on or before within five working days after notice of such failure is given to the Party; (b) Failure by the Client to comply with or to perform any obligations and if such failure is not remedied within thirty days after notice of such failure is given to the Client; (c) Incorrect or misleading representation in any material aspect made or deemed to have been made by the Client; (d) If the Client: i. Passes a resolution passed for its winding-up, official management or liquidation (other than pursuant to a consolidation, amalgamation or merger), as applicable; ii. becomes insolvent or is unable to pay its debts or fails or admits in writing or otherwise its inability generally to pay its debts as they become due, as applicable; iii. makes a general assignment, arrangement or composition with or for the benefit of its creditors, as applicable; iv. institutes or has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditor s rights, or a petition is presented for its winding-up or liquidation, and, in the case of any such proceeding or petition instituted or presented against it, such proceedings or petition results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the making of an order for its winding-up or liquidation or is not dismissed, discharged, stayed or restrained in each case within 30 days of the institution or presentation thereof, as applicable; v. seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or in respect of all or substantially all its assets, as applicable; vi. has a secured party taken possession of all or substantially all its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all its assets and such secured party maintains possession, or any such process is not dismissed, discharged, stayed or restrained, in each case within 30 days thereafter, as applicable. 37. Geojit shall be privy to information relating to the Client, including information that is of a confidential nature in the process of the Client availing the Products and/or Services. Geojit believes and is committed to protecting the privacy 5 45
of its clients and has taken steps to protect the information furnished to it. Geojit has taken all necessary steps to protect the same and that Geojit shall not be held liable for disclosure of the confidential information, unless gross negligence is established on the part of Geojit. The client acknowledges and agrees that GBNPP may share the personal information collected from the client with third parties, in furtherance to any related agreements and arrangements that GBNPP has entered into with such third parties and the client hereby grants express permission for the same. 38. The Client also undertakes that it shall not disclose, in any manner whatsoever, any information relating to Geojit of a confidential nature obtained in the course of availing the Products and/or Services, to any other person. Failure to comply with this obligation shall be deemed a serious breach and shall entitle Geojit to terminate these Agreement, Power of Attorney etc. without prejudice to any damages to which it may be entitled. 39. Further the Client authorises Geojit to exchange, share, part with all information related to the details and transaction history of the Client to its Affiliates, banks / financial institutions / credit bureaus / agencies as may be required by law or customary practice and shall not hold Geojit liable for use or disclosure of this information. 40. Geojit makes no warranty that (i) the Products and/or Services will meet all the requirements of the Client, (ii) the Products and/or Services will be available uninterrupted, timely, secure, or error-free, (iii) any errors in the Website will be corrected A. Trading Terms & Conditions 1. The transactions at Geojit shall be executed in accordance with the applicable laws, byelaws, rules and regulations governing the Stock Exchange transactions. Geojit may from time to time impose and vary limits on the orders which the Client may place, including exposure limits, turnover limits, limits as to numbers etc. Geojit shall not be responsible for any variation or reduction or increase that may be deemed necessary by Geojit based on its risk perception and other relevant factors. 2. The client understand that Geojit require written instructions for receiving / modifying / cancelling orders. However, since it is not practical to give written instructions for order, the client authorize Geojit to accept the clients/client s authorised representatives verbal instructions/ orders in person or over phone and execute the same. The client understand the risk associated with verbal orders and acceptthe same, and agree that the client shall not be entitled to disown orders under the plea that same were not under his instructions. 3. Though orders are usually routed through the marketplace within seconds, certain orders, at Geojit s sole discretion, may be subject to manual review and entry, which may cause delays in processing their orders. Client also understand that with respect to market order, 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 Geojit s system. 4. Any request for cancellation / modification of an instruction or application of the Client shall be subject to the same not having been acted upon or already being executed or it being outside the control of Geojit. Further, a cancellation / modification instruction of the Client shall be deemed to have been received by Geojit, if only Geojit confirms the receipt of the same. An instruction or application shall be deemed to have been modified or cancelled only if Geojit sends a confirmation to the Client regarding the same. 5. To process orders for purchase of securities, it is necessary that the Client s account shall have sufficient balance or Client shall have the exposure limits before the execution of order. Any order inadvertently accepted and executed without sufficient balance / exposure limits will be subject to cancellation or liquidation at Geojit s discretion. However, Client shall continue to be responsible for all his orders, including any orders, which exceed available limits in their account. If limits are not available in the account and an order is processed, Client should credit the required fund in his trading account via wire, personal cheque, cashier s cheque, account transfer or by any other mode, acceptable to Geojit, promptly to ensure that such payment will be received and processed on or prior to settlement date or intimated date, whichever is earlier. If payment is not received by settlement date or intimated date, whichever is earlier, the Client s position may be squared off, without prior notification. In the event their account is liquidated, Client will be liable for any resulting losses and all associated costs incurred by Geojit. If due to internal netting of Client s obligations at Geojit itself, a Client receives short delivery, then Geojit may credit the buying Client who received short delivery with an amount calculated as per the applicable Stock Exchange definition or any other rate as may be decided by Geojit, and the equivalent amount will be debited to the concerned selling Client, who delivered short or buy in the required quantity and deliver the shares to the Client. As this being the normal market practice adopted and in accordance with Stock Exchange regulations, no further queries / claims will be entertained by Geojit in this regard. Geojit shall however follow any Rules and regulations of the Stock Exchange if any introduced in this regard from time to time. 6. To process sell orders, it is necessary that the Client s demat accounts shall have sufficient free securities balance with the DP prior to the acceptance of a sell order. No sale proceeds will be paid to Client until securities have been delivered to the Stock Exchange / clearing house & pay out is received from the Stock Exchange/Clearing House. The net 6 46
proceeds of all sale and purchases will be credited to the trading account or Bank directly or such other account intimated by the Client (subject to acceptance of such instruction by Geojit) and on settlement date as per Client request. If the securities are not received on or before settlement date or securities received are not in deliverable state or due to any other reason whatsoever, Client is not able to deliver securities, the securities will be auctioned or closed out as per the rules of the concerned Stock Exchange. Consequently, Client will be responsible for any resulting losses and all associated costs including penalty levied by the Stock Exchange. 7. The Client shall not act as a Sub-Broker without prior written permission of Geojit and without obtaining certificate of registration from Securities and Exchange Board of India (SEBI). 8. Geojit shall be entitled to adjust the surplus amount available on any segment against the dues to Geojit on any other segment across all segments of the Exchanges. 9. In case of purchase of securities by the Client, at times Geojit may be unable to deliver the securities to the said purchaser on the pay-out day due to non-receipt of the securities from the stock exchange(s) or in case of non receipt of the said securities from another Client of Geojit who has sold the securities against the said purchase transaction. In cases of such short delivery, the securities shall be delivered to the purchaser as per the policy of the Geojit as amended from time to time and in accordance with the Byelaws, Rules, and Regulations of the relevant Exchange. 10. Client may be permitted to exercise the right to close/ freeze any of the accounts with Geojit only if there is no obligation pending to be met by the Client in favour of Geojit. 11. Geojit has provided on the website a facility for reconfirmation of orders, which are larger than that specified by Geojit s risk management, and Geojit has the discretion to decline/reject the execution of orders based on its risk perception. 12. Before executing any order Client should have sufficient exposure limits / ledger balance equal to or greater than the required margin money. Client is responsible to ensure that the available margin with Geojit is always above the minimum margin levels specified for the respective positions. Since Geojit also provides trading facility through internet it may not be possible for it to inform the Client about short fall in margin, if any, on a one to one basis. In case of shortfall in margin Geojit will check for availability of additional limits in Client s account to see whether adequate additional limits are available to restore the margin level to the initial margin levels, if not then the open positions may be squared off by Geojit, at its discretion. In case of change in margin percentage by the Stock Exchange, Geojit will have to change the margin percentage immediately and any shortfall in margin on Client s open position due to the same will be dealt in the same manner as specified above. 13. Geojit may, at its discretion due to market volatility and its risk perception, may change the margin percentage applicable for various open positions during the trading hours. It is the Client s responsibility to monitor its positions and ensure that adequate margins are available with Geojit at all point of time. Geojit may take such action as it may deem fit to cover the risks arising due to such margin shortfall including but not limited to closing of such positions. All costs, charges, brokerages, levies that may arise due to such transactions shall be borne by the Client. 14. Geojit or the Exchanges shall not be liable for any delay in execution of orders or the non-execution of any order caused due to any suspension, interruption, non-availability or malfunctioning of the online trading service, trading systems, or the Exchange system or for any reasons whatsoever. 15. Geojit discloses herewith that it currently does not undertake proprietary trading 16. Cross margining benefits are available across various segments and products within an Exchange. Geojit may consider providing /extending these benefits as and when they are permitted by the relevant Exchanges, subject to the rules and regulations governing the same. 17. Geojit may, at is discretion, consider giving payout of funds to the Client, before Exchange payout, on Client s request, for the shares sold by the Client in an Exchange. Geojit may levy such additional brokerage and or interest that it may consider necessary for offering such facility and that Geojit may offer the same subject to the Client having paid full delivery of the required shares due for pay-in and such other terms as it may deem fit. Geojit shall have the entire discretion to decide whether to offer the said facility to select or all Clients. 18. Geojit may, at its discretion, consider to offer exposure against the free holdings in the demat account maintained by the Client with Geojit to enable the Client leverage his positions. The Client will however continue to be responsible for settlement of all transactions created by utilizing such additional exposure. Geojit may, at its discretion, increase / reduce the haircut applied to shares without any further intimation to the Client. Geojit may close the positions based on the market conditions and risk perception without any further intimation to the Client if the Client has taken positions against the exposure provided against shares and securities. Geojit shall levy interest at such rate as it may deem fit and may also change the rate from time to time under intimation. Geojit shall be entitled to close such positions and may sell such securities and shares available as a security for its obligation of Client to recover the outstanding dues. 19. Geojit may at its discretion consider permitting Client to sell the shares pending purchase settlement at the Exchange. 20. The information contained in the research reports are gathered from sources deemed reliable; and Geojit does not guarantee the accuracy and completeness of the same and does not accept any claim in this regard. Communications from the research 7 47
desk does not constitute any client specific recommendations to buy or sell or solicit to buy and or sell at particular prices or times. Opinions expressed in the Research Reports, if any, are individual views and are subject to change without notice. Geojit will not be responsible for any acts of omission or commission made by the recipients based on the use of the contents of the reports. B. Day Trading Terms and Conditions Day Trading: The terms and conditions for Day Trading may vary, at Geojit s absolute discretion, for each channel, based on the risk profile of the Client and the market conditions. Geojit may also vary the terms and conditions during the market hours based on market volatility and its risk perception without any further communication or intimation to the Client. The Terms and Conditions for the channels shall vary with respect to: (a) List of eligible securities; (b) Exposure; (c) MTM process; (d) Square-off ; (e) Brokerage; (f) Others 1. Online Channel: (a) Day Trading shall be permitted only in the list of scrips specified for the purpose by Geojit from time to time. Presently, all scrips that fall within the definition of Group 1 of National Stock Exchange (NSE) shall be eligible for Day Trading. (b) The margin percentage applicable to each of the scrip shall be equal to the total margins levied by NSE subject to a minimum of 15% and may be changed at the discretion of Geojit from time to time without any further intimation. (c) The minimum margin percentage at NSE and BSE shall be same for Day Trading. (d) Day/ Margin positions can be converted to delivery before the defined cut-off time subject to availability of clear funds or free securities balance. (e) Mark-to-Market (MTM) process shall be triggered at periodic intervals during the day and MTM losses arising, if any, shall be fully recovered from the available buying power and MTM profits, if any, shall not be added to the Clients buying power. Also the MTM losses of one scrip shall not be netted off against the MTM profits of another scrip of the same client. (f) Additional Margin call shall be made by Geojit in case the Mark to Market (MTM) loss on the open margin positions exceed the defined threshold limits. (g) If the balance is not sufficient to cover the MTM losses and or the additional margin call then the open positions under Day category shall be squared-off at the Client risk without attempting to call the Client, or converting to delivery or giving some grace time. If the Client has taken Day positions in many scrips then the scrip to be squared-off on Clients behalf shall preferably and not necessarily be chosen on the basis of the descending order of the loss incurred, until the balance turns positive. (h) Geojit shall have the discretion to square off Clients open Margin position in case they have not been squared off or converted to delivery before the defined cut-off time. (i) Geojit may define the cut-off time at which the auto square off process shall be triggered and this may vary from time to time. The timings shall however be notified on the trading screen. j) The auto square off orders shall be generated at market price and they may be executed at any price, which may be different from the price prevalent at the cut-off time. (k) The losses, if any, arising on execution of the auto square off trades shall be borne by the Client. (l) Geojit shall have the right to cancel any or all open orders and/or close any or all outstanding contracts. (m) Open Margin positions that are not squared off for reasons beyond the control of Geojit such as price band, technical issues, etc. shall be converted to delivery. (n) If the position cannot be successfully converted to delivery due to non-availability of funds in case of open buy positions then the shares shall not be delivered to the Clients. Geojit shall liquidate such shares instantaneously on the receipt of purchased securities from Exchange and the Clients shall be liable for any resulting losses, brokerage and all associated costs incurred for the purpose. (o) If the position cannot be successfully converted to delivery due to shortage of shares in demat account linked to trading in case of open sell positions then the Clients shall have to bear the auction and or close out as per the rules of the concerned Exchange. Consequently, Clients shall be responsible for any resulting losses and all associated costs including penalty levied by the Exchange. (p) Geojit reserves the right to square off any open margin positions, if the current market price breaches the specified percentage when compared with the previous day s closing price for that scrip. The specified percentage shall be notified from to time. 2. Offline Channel: Eligible securities: The list of securities available for Day Trading may vary from time to time. Geojit may at its sole discretion consider changing the same without prior intimation to the Clients. 8 48
3. Exposure: The exposure limits permitted against the eligible securities may vary from time to time and will be based on the risk perception of Geojit. Geojit may at its sole discretion consider changing the same without prior intimation to the Clients. 4. Short Sales: Before executing any sell order, Client should have sufficient exposure limits / ledger balance equal to or greater than margin money. Any order accepted without free stock balance in the account would be deemed a short sale. Short Sales can be settled by squaring off the trade within same trade cycle. Client agree and understand that if Client does not square off the position by the stipulated time before the close of market hours on the last day of the trading cycle, Geojit has all the right to square off the position on the same day or on any later date. Any such purchase may be made at any time at Geojit s discretion on any exchange or other market where such business is usually transacted, or at public auction. Client is responsible for any losses or expenses incurred by Geojit s as a result of their failure to make such delivery/square off the trade. As and when SEBI and its Regulatory bodies come up with new circulars, notifications or guidelines with respect to operations, trading and other related matters Geojit will be modifying these terms and conditions to meet the requirements. 5. Long Buys: Before executing any buy order Client should have sufficient exposure limits / clear ledger balance equal to or greater than the required margin money. Any long buys can be settled by squaring off the trade within same trade cycle. Client agree and understand that if Client do not square off the position by the stipulated time before the close of market hours on the last day of the trading cycle, Geojit will have all rights to square off the position on the same day or on any later date. Any such sales may be made at any time at Geojit s discretion on any exchange or other market where such business is usually transacted on private sale. The Client is responsible for any losses or expenses incurred by Geojit s as a result of their failure to make payment / square off the trade. 6. Calls for additional Collateral and Liquidation: If it is considered necessary for its own protection, Geojit may require the Client to immediately deposit cash or collateral into their account prior to any applicable settlement date in order to assure due performance of their open contractual commitments. If Client do not provide such additional cash or collateral, Geojit is entitled to sell any or all securities and or close all or some open contracts and or other property in their account, buy any or all securities and other property which may be short in their account, cancel any or all open orders and/or close any or all outstanding contracts. In addition, Geojit may exercise any or all of the above rights without demand for additional cash or collateral, or notice of sale or purchase, or other notice or advertisement. Any such sales or purchases may be made at any time at Geojit s discretion on any exchange or other market where such business is usually transacted, or at public auction or private sale. Issual of any prior demand or call or prior notice of the time and place of such sale or purchase shall not be considered as a waiver of Geojit s legal right to sell or buy without any such demand, call or notice. C. Terms And Conditions Governing Trading In Futures And Options The following are the specific terms and conditions ( Terms and Conditions ) governing trading in Futures & Options by the Client through Geojit. Acceptance of all the Terms and Conditions contained herein and the other relevant terms and conditions relating to trading Futures & Options are a prerequisite for trading in Futures & Options through Geojit. Terms & Conditions: 1. Exchange has placed limits on the open positions in the Derivative contracts and the Exchange levies fines and penalties for violating the said norms. The Client shall ensure that such limits are not crossed intentionally or unintentionally and Client shall be liable for the consequent actions by the Exchange and Geojit upon crossing such limits intentionally or unintentionally. 2. Geojit will at its discretion decide the contracts that are available to the Client for transacting under Futures and Options, and may vary the availability of the same from time to time without prior intimation to the Client 3. Geojit may at its sole discretion adopt portfolio based margining system or individual contract based margining. 4. Geojit may levy such margins including Initial margin, exposure margin and additional margins as it deems fit. 5. The margins levied by Geojit may be greater than the margins levied by the Exchange. Geojit may change the margin percentage based on its risk perception and market volatility without prior intimation to the Client 6. Geojit will accept the margins in the form of cash and or securities as it may deem fit. 7. Geojit will define the list of securities acceptable towards margins and the same may be changed from time to time. 8. The haircut applied for securities may vary from scrip to scrip and the same may be subject to change from time to time. 9. Geojit will define the exposure percentage to be given against the securities that may vary from client to client and may also vary from time to time without prior intimation to the Client 10. The Client shall exercise Options contracts only in accordance with the Exchange rules and regulations as may prevail from time to time. 9 49
11. The Client shall not, acting alone or in concert with others directly, or indirectly, hold and control excess number of permitted Derivatives contracts as fixed from time to time by the Exchanges. 12. Exchange has placed limits on the open positions in the Derivative contracts. Exchange levies fines and penalties for violating the said norms. It shall be the responsibility of the Client to ensure that such limits are not crossed intentionally or unintentionally and Client shall be liable for the consequent actions by the Exchange and Geojit upon crossing such limits intentionally or unintentionally. The Client fully acknowledges that the facility for Day trading and or roll-over in such contracts are offered only for the Client conveniences and that the Client will assume full accountability for the same. 13. The Client shall not exercise a long or short position where, acting alone or in concert with others, directly or indirectly the Client will have exercised in excess of the number of permitted futures contracts as may be fixed from time to time by the Exchange. 14. The Client undertakes to honour the assignment of any Option contracts made by the Exchange in his favour and settle the same in accordance with the prevailing norms prescribed by the Exchange(s). 15. Mark-to-Market (MTM) process shall be triggered at periodic intervals during the day and MTM losses arising, if any, shall be fully recovered from the available limits and MTM profits if any shall not be added to the clients limits intraday. Also the MTM losses of one contract shall not be netted off against the MTM profits of another contract of the same client 16. Additional Margin call shall be made by Geojit in case the Mark to Market (MTM) loss on the open margin positions exceed the defined threshold limits 17. The Client shall bring in additional / adequate securities / cash to meet the margin requirements at all point of time. 18. The Client shall be entirely responsible for maintaining adequate margins and that Geojit shall not liable to keep the Client informed of the margin requirements. 19. Geojit may, in case of insufficient limits, to safeguard its interest cancel the pending orders and or place square-off orders to close all or some of the open positions block and or invoke pledge and or sell / transfer the shares in the Clients Demat account and the Client shall be solely responsible for any losses arising out account of the same. 20. The Client shall settle the daily obligations including MTM arising from the transactions / positions in Futures and Options. D. Margin Offered In Form Of Securities By The Client The Client may offer demat securities as Margin on acceptance of the following terms and conditions ( Terms and Conditions ) to meet margin requirement and for due performance of the Client s obligations, commitments, liabilities including repayment of any amounts due by the Client to Geojit, Geojit affiliates, or any third party arising out of or incidental to the Client transactions. Such securities offered as Margin by the Client are hereinafter referred to as Margin Securities. 1. Geojit shall have the sole discretion to accept or reject any securities offered as margin by the Client or require the Client to furnish any additional securities as margin. 2. The Client, if so determined by Geojit, shall place the Margin Securities at the absolute possession/ disposition of Geojit or such custodian/ depository participant/clearing Member as may be determined by Geojit at its sole discretion and such possession / disposition shall not be disputed by the Client. Provided however that the Client may be permitted to have access to the Margin Securities in the manner and subject to such terms and conditions as determined by Geojit from time to time and provided further that the Client confirms, affirms and covenants with Geojit that the Client shall do all such acts and things, sign such documents and pay and incur such costs, debts and expenses as may be necessary in respect of the possession/ disposition. 3. The Margin Securities would constitute security towards due performance of the Client s obligations, commitments, operations, obligations and liabilities arising out of or incidental to any transactions made, executed, undertaken, carried out or entered into by the Client pursuant to any agreements entered into by the Client with Geojit. The Client undertakes and agrees that the Margin Securities shall be owned by the Client and shall be free of any charge, lien or other encumbrances at the time of offering the same towards margin to Geojit. 4. Geojit may require the Client to furnish additional Margin Securities as may be required by Geojit and the Client shall be bound to furnish them. No charge, lien or encumbrance of any kind shall be created by the Client over the Margin Securities offered to Geojit without Geojit s prior written permission. Further the Client shall not do or allow anything to be done that may prejudice the interest of Geojit in respect of the Margin Securities, while the Client remains liable to Geojit, in any manner whatsoever, without the prior written permission of Geojit. 5. Geojit shall also be entitled to give such instructions to the DP acting as the Depository Participant to block/mark a lien on the Margin Securities offered by the Client and upon such instructions the Client shall not be able to deal or trade in such Margin Securities without consent of Geojit. 10 50
6. If in the opinion of Geojit, the Client has failed to perform and/or failed to fulfill any of its engagements, commitments, operations, obligations or liabilities as a Client of Geojit including for any sums being due by the Client to Geojit or to any other third party including National Securities Clearing Corporation Limited, clearing house or any Exchange, arising out of or incidental to any transactions executed, then Geojit without giving any notice to the Client, shall be empowered /entitled to invoke pledge, sell, dispose of or otherwise effect transfer of any or all Margin Securities in such manner and subject to such terms and conditions as it may deem fit and that the money realized, if any, from such sale /disposal/transfer subject to brokerage payable to Geojit for such sale / disposal /or other transfer shall be utilized/ disbursed by Geojit in such manner as it may deem fit. 7. The Client shall do all such things, deeds, acts and execute all such documents as are necessary to enable Geojit to effect such sale / disposal/ transfer stated above. All decisions by Geojit in respect of the obligations or liabilities or commitments of the Client and the amount claimed in respect thereof shall be binding on the Client and Geojit shall not have any liability whatsoever to the Client or any other person for any loss, damage, expenses, costs etc, either actual or notional, consequent to such sale/disposal/transfer. 8. If the total amounts realized from such above sale/ disposal /transfer is insufficient to fulfill the Client s obligations / dues, the Client shall, forthwith and without demur, upon being requested by Geojit, furnish the balance amount alongwith related costs, expenses and interest at such rate as decided by Geojit from time to time. Geojit shall also have the right to sell/ dispose/ transfer any other securities of the Client, at the cost of the Client and without intimation to the Client. The Margin Securities shall be at the disposal of Geojit and remain available in respect of the obligations, liabilities or commitments of the Client and may be utilized in the discretion of Geojit. 9. The corporate action benefits such as dividends, bonus, redemption benefits, interest, dividend accruing on the Margin Securities during the period of transfer except post pledge invocation or selling or otherwise effecting transfer of the Margin Securities, the above shall accrue to the Client and the Client shall be entitled to receive the same from Geojit. 10. The Margin Securities shall continue to be available to Geojit towards the dues of the Client to Geojit arising out of any agreement between the Client and Geojit and the same shall not be affected in any manner whatsoever by any action by Geojit against the Client including suspension or termination of any of the account or any agreement with Geojit. 11. Geojit in its capacity as other than stockbroker is contemplating to provide Clients various other products and services including products offered by third parties in the interests of the Client. Such Products and/or Services may interalia include making an application for any offer or public issue of shares, scrips, stocks, bonds, debentures, units of any Mutual Fund, Small Savings Schemes, Bonds, Fixed Deposits, Public Provident Fund, Insurance Policies, whether life or general or otherwise, or such other products or services that Geojit may in its absolute discretion introduce or offer from time to time (hereinafter referred to as Products and/or Services ); 12. The Client is desirous of availing such Products and /or Services provided/ to be provided by Geojit online and or offline, subject to the terms and conditions stipulated by Geojit and such other terms as may be amended from time to time; 13. The Client has agreed to maintain an active bank and or demat account for the purpose of availing the Products and/or Services offered by Geojit; E. Mutual Fund Terms and Conditions Terms & Conditions 1. The Client confirms having read and understood the contents of the offer documents of various schemes. 2. The Client shall comply with the KYC norms and such other rules, guidelines as may be introduced by the regulators. The Client agrees to update any changes in the information provided under KYC with the relevant authorities and will not hold Geojit responsible for losses and inconveniences arising as a result. 3. The joint holders of the Mutual Fund Account shall confirm that they understand, agree and accept that, by virtue of such joint holder-ship, their names shall also be required to be mentioned in the relevant application forms that are being submitted for processing on behalf of the first holder of the Mutual Fund Account. The joint holders agree to such naming in the forms and further agree to hold Geojit harmless in any related queries by any Authorities or Regulators and also not to raise any claim or dispute against Geojit for such filling up of names. 4. Geojit shall offer the services as stated under this arrangement only pursuant to the instructions of the Client. These instructions may be given electronically through the internet, offline channels including but not limited to phone, call center, mobile, SMS, and such other channels as Geojit may introduce from time to time. These instructions shall be admissible in evidence and shall not be questioned by Client and shall be conclusive and binding against the Client. 5. The Client is responsible to provide accurate information of personal and bank related details. It is the obligation of the Client to ensure that his/her personal and bank related details are updated regularly with Geojit as the same will be used for the purpose of making the application/redemptions for the Client. Geojit, Registrar and AMCs shall not accept any liability, which may arise as a consequence of the erroneous information provided by the Client. 11 51
6. Clients default Bank account as last updated and evidenced on account statement shall be considered for Mutual Fund transactions. Redemption and or dividend proceeds shall be given in the said bank account either in electronic mode or otherwise by the Fund House / registrar / or such other entity as may be permitted by regulations governing mutual funds. 7. The units of the schemes shall be allotted, redeemed or switched, as the case may be, at the Net Asset Value (NAV) prevalent on the date of the application, if the application for purchase, redemption or switch is received before the cut-off time as specified on the website and consistent with the terms of the Scheme. Geojit will take all necessary action to ensure that the NAV allotted is the NAV applicable on the date of the transaction as per the respective scheme cut off time. However, Geojit / AMC / Registrar shall not be liable for any loss that may arise to the Client as a result of the correct NAV not being allotted to the Client s transactions on the website for reasons stated in the Supplemental Agreement. 8. Any request of the Client falling due on a holiday i.e. other than Business day shall be processed on the next Business Day and respective NAV would be applicable as per the scheme offer document. 9. The Client agrees to execute the transactions only through the website services offered by Geojit and or any other mode as may be permitted by Geojit from time to time. Geojit or the concerned Mutual Fund or their respective registrars shall not be responsible for any losses, claims, liabilities arising out of non-adherence of the same by the Client. 10. The Client shall comply with the scheme offer document for all systematic transaction requests like systematic investment plan, systematic transfer plan and systematic withdrawal plan. 11. For change of address, bank details or any other personal details of the Client, the Client agrees to send a letter along with the required proofs / documents to Geojit signed by all the unit holders. The Client also understands and agrees to update the required changes under KYC norms with the relevant authorities. 12. The Client agrees to receive all communication related to his transactions by electronic mode from Geojit, Mutual Fund, and its Registrar s. However, should the Client require a physical statement, he may request the Fund House / Registrar / Geojit for the same. The Client can view his holdings and transaction status details on Geojit website and can print the same. 13. After the first purchase transaction the Client shall not be permitted to transact until a folio is allotted by the Fund House/its registrar. Geojit does not accept any liability for delay in processing time at the Mutual Fund s or Registrar s end. The Client however understands and agrees that in case he has been allotted multiple folios then Client shall give his/her consent to Geojit to arrange to merge the folios by transferring all the units of different folios under a single folio of the Client failing which Geojit may not permit any further transactions in the said Fund house. 14. In case of purchase transaction, Geojit may consider to collect the payment from the Client vide his investment account, or by providing a payment gateway to his bank account for real-time fund transfer, or cheque or such other financial instrument as it may consider appropriate to process the said transaction. The nature of the payment may also vary depending on the channel selected for investment. 15. In case of redemption requests, the redemption proceeds will be directly given to the Client s bank account electronically or otherwise. 16. The Mutual Fund schemes offered at Geojit, have not been recommended by Geojit, nor have been sponsored by Geojit, or its affiliates or its sponsors. Also Geojit shall have the discretion to select the Mutual funds and the schemes that it shall offer. Geojit reserves the rights to either temporarily or permanently, withdraw or suspend any or all the channels for mutual fund transaction provided to the Client either for specific mutual fund scheme or specific mutual fund or all mutual funds at any time without giving any prior notice or assigning any reason for the same. Geojit may also consider offering / suspending to select Clients / Client categories mutual fund services vide online and or other channels. 17. Geojit shall assist Clients in consolidating its offline folio holdings (invested through Geojit or any other distributor) onto online folio and vice versa. It may also disable only purchase transactions or disable only redeem transactions in any of the mutual fund schemes for all or specific Clients. 18. The Client can apply online for only those NFOs that are available on the website while they are open for subscription. Units for valid and successful NFO applications made online and or offline shall be made by AMC / Registrar as per the scheme offer document. 19. For all correspondences with Geojit, the Client shall quote his investment account number / Mutual Fund account number, as may be applicable, failing which Client shall not hold Geojit responsible for the consequences resulting in losses, delay, rejection, etc. 20. The Client agrees that Geojit shall be entitled to: a. Collect and process all valid financial transaction requests placed by the client with Geojit for all the Products and/ or Services offered currently and as may be added from time to time; 12 52
b. Collect, process and update all valid non-financial transaction requests such as change of address, bank account, nomination, email, phone number, etc. placed by the Client with Geojit within its systems and also update the changes with the various third parties that support / offer the various Products and/or Services; c. Do all such acts, deeds and things as may be necessary for or incidental to provision of services and facilities including giving intimations, confirmation, undertaking etc. on behalf of the Client; d. Receive and process the transaction status feedback from the Registrars / Fund Houses/ Issuers, etc; e. Receive statements and other documents and items pertaining to the various Products and/or Services and to acknowledge receipt of the same; f. Sign all such application forms, transfer deeds, redemption requests, and other writings as may be required for all or any of the above purposes; g. Correspond with and give notice to the asset management company / Registrars / Fund Houses/ Issuers / other third parties including request for nomination/change in personal data and any other changes that may be necessitated; h. Do or omit to do all such acts and things as Geojit may consider it to be necessary or desirable in order to comply with any laws, orders, rules, regulations or directions of any government, regulatory or other authorities; i. Retain all originals of documents executed by the client. 21. Geojit shall credit the proceeds of the sale/redemption etc. of any of the Products only after Geojit has received the same unless specifically agreed otherwise. The proceeds of all sales will be credited to the Client s investment/ bank account directly on the designated date. 22. The Client expressly permits Geojit to disclose to third party, all such information pertaining to the Client as may be required from time to time, for the Client to be able to apply for / invest in/avail of any or all of the Products and/or Services. 23. The Client acknowledges that Geojit may facilitate the Client to avail the services or invest in the products of third parties through its portal or otherwise. The Client agrees to be bound by the terms and conditions of such third parties while availing such services or investing in such products and the Client further agrees that Geojit shall not be liable for any losses or damages whatsoever suffered by the Client while availing the services or investing in the products offered by third parties through the Portal of Geojit or otherwise. 24. Representations, Warranties And Covenants By The Client: The Client makes the following representations, declarations, warranties and agreements and confirms that they are, true, correct, valid and subsisting in every respect as of the date of availing or investing in the Products and/or Services: a. The Client has the power to perform its obligations hereunder and has taken all necessary action to authorise such execution, delivery and performance. It shall be the sole responsibility of the Client to comply with all the internal approvals, if any, for entering into transactions as may be required ; b. Such execution, delivery and performance does not violate or conflict with any law applicable to it and/or any regulatory requirements, any provision of its constitutional documents, any order or judgment of any court or other agency of government applicable to it or any of its assets or any contractual restriction binding on or affecting it or any of its assets; 25. The Client expressly authorises Geojit to block the amount in the Investment Account required to settle the obligation against the desired limits and in case of the Client availing or investing in any Products and/or Services, as the case may be, either in part or in full, to debit the Client s Investment Account to the extent necessary to settle the obligations and credit the respective account. The Client agrees that Client shall not be permitted to withdraw, or otherwise use the blocked and/ or allocated funds in his Investment Account. 26. In case the Client has applied for shares in an Initial Public Offer/Public Offer through Geojit, the Client shall not, without prior intimation and acknowledgement of Geojit, liaise with the Registrar for the Initial Public Offer/ Public Offer to change the details with respect to Demat Account, Bank Account/s, address, etc. on the application form provided to the Registrar by the Client and/or Geojit. The Client declares that he/it would not give any instruction to the depository participant and bank for closure of the demat account and bank account respectively till the securities or the proceeds are credited, as the case may be. Any instruction by Client to the Depository Participant and/or the Bank contrary to the above shall be treated as an event of default and Geojit may terminate this Agreement with the Client forthwith without any further notice. 27. The Client further confirms, declares and covenants that Geojit shall not be held responsible for non-allotment of securities either fully or partly to the Client, for any reason whatsoever. Geojit / and or its Portal shall not be held responsible in case due to any reason the bid/application/revision instruction sent by the Client is not received by it, or if the application /revision could not be uploaded / submitted in the manner required, or to other concerned related party, or such matter could not be sent/notified to the bankers / registrar to the issue. 13 53
28. Geojit shall not be held responsible for non-receipt or delay in/incorrect receipt of refund, if any, from the registrar/ issuer. Geojit shall not be held responsible for incorrect tax deduction at source (TDS) by the registrar/issuer, if applicable, or for non-receipt or delay in / incorrect receipt of TDS certificate, if any. 29. A transaction inadvertently processed, in spite of insufficient balances in the Client s investment account / Mutual Fund account / Bank account / demat account, shall at Geojit s sole discretion, be subject to cancellation or liquidation. However, the Client shall be responsible for all his orders, including any orders, which exceed the available limits in his account. The Client shall promptly arrange for required funds /securities to his account to ensure that the same be received and processed on or prior to the settlement date or a date intimated by Geojit, whichever is earlier. If the payment is not received as aforesaid, then Geojit may square off the same without any prior intimation to the Client. In the event of liquidation of the account, the Client shall be liable for any resulting losses and all associated costs incurred by Geojit. 30. The Client acknowledges that Geojit shall not be under any obligation to provide him with any tax, legal, accounting, investment advice or advice regarding the suitability or profitability of investment of any kind, nor do Geojit or its Portal, give any advice or offer any opinion with respect to the nature, potential value or suitability of any particular transaction or investment strategy. F. Terms And Conditions Governing SUP Facility Selling Unsettled Purchases hereinafter referred to as SUP, is a facility offered by Geojit which allows the Client to sell the securities which the Client purchased through Geojit pending Exchange settlement, before the same are credited to the Client s demat account, and hence the Client need not wait to sell the securities till the actual credit of the purchased securities into his demat account. 1. Geojit may, at its discretion, offers SUP facility to the Resident individual Indian Clients of Geojit subject to the terms and conditions as it may deem fit. Notwithstanding the above, Geojit reserves the right to refuse this facility to any Client or group of Clients at its sole discretion and without assigning any reason. 2. The terms and conditions applicable for each channel for availing SUP may differ as they are generally driven by risk management, Client profile and other relevant factors unique to each channel. 3. Geojit shall decide upon the list of eligible securities for SUP that would be subject to change at the sole discretion of Geojit from time to time. Geojit may also decide to withdraw a particular security from the list without notice to the Clients and without assigning any reasons whatsoever. 4. Under SUP facility the quantity of securities available for sale shall be only such percentage of the quantity of securities bought by the Client, as may be permitted by Geojit from time to time or only such percentage of the sales value shall be available to the Client or Geojit may decide not to place any such restrictions. Geojit may at its sole discretion change the rules and or vary the percentage, if it deems fit, without notice to the Clients and without assigning any reasons whatsoever and the Client will at all times be required to abide by such decision. The Client shall be permitted to sell the previously bought security under SUP within such number of days as prescribed by Geojit from time to time. Securities bought on a particular day (i.e. day T) can be sold by the Client within the period commencing on T+1 day and ending on the settlement date as prescribed by the exchange (currently, T + 2) or by an earlier day if so specified by Geojit or any such date as Geojit may decide from time to time. The Client will not be allowed to sell the securities on a date later than the specified date under this facility. The purchase and sale transactions of the securities under the SUP facility will be on the same Exchange i.e. securities purchased from NSE, will be allowed to be sold only on the NSE, and not on the BSE. However in case of securities under no-delivery period, the T+1 day will start from the day on which the scrip comes out of no delivery. 5. For Online channel, Geojit may decide to provide the details of the securities purchased by the Client which are pending to be credited to the Client s demat account on the website and the Client may place order to sell the eligible securities under the SUP facility. On the placement of a SUP sell order, the order quantity is added to the existing blocked quantity, if any. The available quantity is reduced by the blocked quantity. The brokerage rates will be the same as that applicable for cash trades or at such rate as may be prescribed by Geojit from time to time. 6. Pursuant to the Client availing of this facility the securities bought by the Client in one settlement shall be retained either partly or fully by Geojit in its demat account for the purpose of meeting the pay-in obligation of the Client towards the securities sold by the Client in the subsequent settlements. 7. In case there is a short delivery from the Exchange for the earlier buy transaction, then the Client will also be giving short delivery for his sell transaction unless the Client makes appropriate arrangements to deliver the balance securities 14 54
sufficiently in time for the exchange pay-in. The Exchange would either give delivery of shares bought earlier through market auction or shall closeout the buy transactions as per the Exchange Regulations. However, this would not help the Client in meeting his sale delivery obligation already committed by him as even if he receives the shares bought earlier through auction settlement, by that time the securities pay-in date for his sell transaction would be over. In such case, the Client will have to face auction proceedings against his sale transaction and will have to bear the auction losses, auction penalties, cost of funding and any other incidental charges etc. All costs and consequences of any auction arising out of such SUP sell transactions shall be fully borne by the Client and Geojit would not be held responsible for any such short delivery received by the Client and the consequential impact thereof 8. In case of short delivery, Geojit will reduce the trading limits of the Client to the extent of the likely auction. On receiving the actual auction amount from the Exchange the limits will be adjusted to reflect the same and the auction amount will be recovered from the Client. In order to recover any pending dues from the Client pursuant to the Client availing of the SUP facility, Geojit may transfer any funds/ securities pertaining to the Client or may sell the client s securities. 9. The use of this facility is entirely voluntary and the facility has to be used in accordance with the applicable rules / regulations/ guidelines specified by the SEBI and other competent authorities from time to time. Geojit disclaims all liability for any loss caused to the Client out of the purchase or sale of securities through use of this facility. 10. Geojit offers this facility in accordance with the rules/ regulations/ guidelines specified by the SEBI and other competent authorities from time to time pertaining to secondary market for securities. Geojit reserves the rights to change these terms and conditions at any time in accordance with the regulations specified. These Terms and Conditions will be applicable for all the SUP trades executed by the Client through Geojit. G. Terms And Conditions Governing Client Care Center Facilities The following are the specific terms and conditions relating to the Client Care Center Facilities (hereinafter referred to as CCC ) being offered by Geojit to its Clients and or an agency outsourced by Geojit for the purpose. In case these are not acceptable, the Client should not use this facility. The acceptance of the terms and conditions as mentioned below and those displayed on the Website and contained in the Member- Client Agreement are a prerequisite for availing of this facility. 1. For the purpose of availing CCC services, the Client will be required to call on the specific numbers intimated or notified from time to time by Geojit for the said purpose by means of an email and/or by putting up such numbers on the Website or otherwise. CCC numbers will be subject to changes at Geojit s sole discretion, which change shall be intimated/notified to the Client on the website and email. 2. TIN & PIN will be required for the purpose of validating the Client s personal identification details and ascertaining the genuineness of the caller. The Client understands and agrees that Geojit will take action on the instructions based on the TIN/PIN. If the Client compromises the confidentiality of the TIN/PIN then the Client agrees to hold Geojit and its officers, employees, outsourced agents harmless of the consequences. 3. Geojit may place the order for the Client only after Geojit is satisfied of the Client s credentials. Geojit may at its sole discretion consider accepting and acting on the instructions of the Client without the TIN/PIN only after satisfying itself of the genuineness of the identity of the Client. 4. Geojit shall be entitled to use the user-id made available by the Client for the purpose of executing the orders placed by the Client over the phone and agrees to hold Geojit harmless for any such usage. All orders placed by Geojit on behalf of the Client using the Client s user id shall be deemed to have been placed by the Client himself. 5. Orders to be placed with an exchange may be placed by the Client during market hours with the CCS for execution on the same trading day. Geojit may consider accepting orders from the Client after market hours that shall be entered for execution by Geojit on the next trading day of the National Stock Exchange (NSE) or Bombay Stock Exchange (BSE) or such other stock exchanges notified from time to time by Geojit, for this purpose. 6. Geojit at its discretion and without further prior notice to the Client, may monitor and record any or all telephone conversations between the Client on one hand and the CCS on the other so as to ensure the maintenance of an audit trail of the transactions placed through this facility. 7. The Client shall ensure that for security reasons, the Client himself shall call and place the required orders over the phone in accordance with the terms hereof. 15 55
8. The Client shall take all necessary steps to ensure secrecy and confidentiality of TIN and PIN. The Client is solely responsible for any unauthorized access to the TIN/PIN and he should immediately bring it to the notice of the CCC of any loss or unauthorized access and for change of the PIN/TIN. 9. Neither Geojit nor the CCS shall accept any liability that may arise as a consequence of the incomplete /incorrect data or information provided to the CCS over the phone and/or any error in the execution of an order due to such incomplete/ incorrect data. Further neither Geojit nor the CCS shall be liable for any loss that may be incurred by the Client due to a third party placing orders through CCC after getting hold of the Client s PIN/TIN details. 10. Geojit is entitled to decide the charges applicable for availing this facility. Geojit reserves the right to modify the said charges from time to time, or discontinue this service at any time without assigning any reasons for the same. Provided that Geojit shall intimate the Client, the modified charges and/or any change in the same either through an e-mail or by putting up the said charges and/or changes to them on the Website, orally or any other mechanism as it may deem fit. 11. The Client will be required to pay service charges per call and or per order placed using this facility, which shall be inclusive of the charges payable to the outsourced agency, if any. Geojit shall recover this amount from the Client, by means of a direct debit to the Client s investment account or any other relevant account. The Client agrees to permit Geojit to debit the Client s investment account or any other relevant account for the payment of the abovementioned charges on his behalf. Geojit shall, at its discretion, be entitled to the said charges in respect of any order placed, irrespective of whether an order is placed over the phone was executed or not. Geojit shall, on behalf of the outsourced agency, recover the money either on a monthly basis or on a daily basis as may be decided by Geojit from time to time for the CCC facility from the Client and pay to the outsourced agency, if any. It shall be the Client s responsibility to maintain adequate balance in his account so as to enable Geojit to debit his account for such above-mentioned charges. If Geojit is unable to recover the charges from the Client, due to insufficient balance in the Client s account, then such a Client shall be debarred from availing of this facility from the time Geojit is not paid for such facility. 12. The above mentioned service charges for the CCC facility are exclusive of the applicable brokerage charges or any other charges that may be applicable to the nature of the transaction being placed by the Client. Such applicable brokerage charges or any other charges shall be payable to Geojit for the executed orders of the Client that have been placed by the Client over the phone using CCC. The Client is required to check the Fee schedule on the Website for the purposes of knowing the applicable brokerage charges or any other charges. 13. The Client hereby agrees to hold Geojit and the CCS harmless against all actions, claims and liabilities that may be incurred by them due to any action initiated or threatened that may be initiated against them due to the performance of any of their obligations herein and agrees that Geojit and the CCS shall not be liable for any loss suffered by the Client on account of non execution of the order placed over the phone due to any reason whatsoever. H. Terms & Conditions for Document Delivery 1. Subject to applicable rules and regulations of the relevant Regulators, Geojit may, in its discretion, send any document that is obligatory to be sent to the Client by means of an electronic communication, with the possible exception of graphic insertions such as photographs or logotypes. This electronic communication may be in the form of e -mail, an e-mail attachment or in the form of download available on the Website. Every document so sent shall contain all such information as is mandated by the concerned statutory and/or regulatory authority. Geojit would be deemed to have fulfilled its legal obligation to deliver a document to the Client, if it is sent by the electronic mode. The Client shall download the said document promptly on intimation of a notice of its display. Provided that on a request being made by the Client, due to a difficulty experienced by the Client in viewing the same, Geojit may, in its discretion, make the required delivery by such other means, as it may deem appropriate. The document shall be deemed to have been duly delivered and its content accepted by the Client if there is no intimation received by Geojit within twenty - four hours from the date of delivery / display of the document. 2. Subject to applicable rules and regulations of the relevant Regulators, the DCN Client (the Client ) by acceptance of these terms authorize Geojit to send the contract notes, bills, ledgers, transaction statements, holding statements, reports, letters, circulars, notices, etc. (herein after referred to as Documents ) in electronic form through e-mail and or post it on the website(s) maintained by Geojit and or any other electronic media including but not limited to mobile, SMS, etc. and not in physical form. Provided however that, in case when Geojit is not able to provide the 16 56
Documents to its Client in electronic form due to any unforeseen problems, Geojit shall ensure that the Document reach the Client in physical form. The Client will have the option to select the electronic mode of receiving the Documents even if he does transactions through the Offline channel. 3. Geojit may issue the Documents to the Client in electronic form or otherwise by post, courier, hand delivery, fax, or such other means as may be notified by Geojit to the Client. It is Client s responsibility to review the Documents immediately upon their receipt. All information contained therein shall be binding upon the Client, if the Client does not object in writing to any of the contents within twenty-four hours of such intimation /confirmation. In all cases, Geojit reserves the right to determine the validity of the Client s objection to the transaction. Geojit shall not be responsible for the non-receipt of the trade confirmation due to any change in the correspondence address of the Client not intimated to Geojit in writing. 4. The Client shall comply with the provisions of the Information Technology Act, 2000 for receiving the Documents from Geojit in electronic form. 5. The Documents that shall be sent by Geojit from time to time shall be deemed to have been delivered to the Client and it shall be presumed that the same are in order if no query is raised within Forty Eight hours. 6. The Client is entirely responsible for not receiving the Documents or their bouncing back due to incorrect email id, spam filters applied, overloaded mail box, etc. In case the Client does not receive the Documents and or the Digital Contract Note (DCN) on time, it shall be the responsibility of the Client to inform Geojit about such non-receipt and Geojit shall send the concerned contract note in physical mode. If no such intimation is received from the Client, it shall be presumed that the Documents / DCN has been properly delivered to the Client. 7. If the Digital Contract Notes / Document sent electronically to the Client bounces three consecutive times in a given calendar month then the Client shall be converted into a Non-DCN Client and physical contract notes shall be sent thereafter and all rights and benefits attached to DCN Client shall be revised to Non-DCN Client. 8. The Client shall be responsible to retrieve and retain the Documents in electronic form. Geojit shall upon written request of the Client may provide / forward the Documents in respect of the relevant period required by the Client to the email id of the Client. In case the Client experiences any difficulty in accessing the Documents electronically delivered, the Client shall promptly advise Geojit to make delivery by alternate means. On request, Geojit may provide the relevant physical statement, for which the charges, which may vary from time to time. Failure to advise Geojit of such difficulty within 48 hours shall be deemed to be the acceptance of the Document. 9. Geojit shall not liable for the Client s ISP s server being down or non-receipt of the Documents due to bad/slow connections or server breakdown or any other technical issue on the part of the Client or any of the intermediate agencies. 10. The Client shall take all necessary steps to ensure confidentiality and secrecy of the log in name and password. The Client is aware that the Documents in electronic mode sent by Geojit to the e -mail Id of the Client may be accessed by other entities in case the confidentiality / secrecy of the login name and password is compromised. The Client shall be solely responsible for unauthorized access of his email and subsequent tampering of the Documents that are sent by Geojit to the Clients email id from time to time. 11. The Client shall immediately inform Geojit about change in email address, if any. Such intimation shall be made by the client through customer care website or by email or by written intimation. Geojit shall verify and confirm with the Client about the change. 12. Geojit and the Client shall have the right to discontinue this arrangement after giving a notice of atleast 10 days to the other party. 13. The Client will ensure that the change of email address is intimated so that the Client receives all the communications promptly by email. The Client understands and accepts that the Client is entirely responsible and will not hold Geojit, Registrar /issuer / Fund Houses and other third parties responsible for not receiving communication due to incorrect email id, spam filters applied, overloaded mail box, etc. 14. Geojit may send the order/trade confirmation slip/ online intimation of successful / unsuccessful applications through email to the Client, within such period as prescribed or reasonably possible/ practicable for Geojit to do so from the time of execution of order/trade on the National Exchange for Automated Trading (NEAT)/ BSE On-line Trading (BOLT) system or such other third party as the case may be for effecting purchase /sale or preferring an application for an investment product, as the case may be, or by means of electronic record, duly authenticated by Geojit s digital 17 57
signature. The Client agrees that the information sent by Geojit by email is deemed to be a valid delivery of such information by Geojit. I. Client Authentication Terms & Conditions (Password & Personal Identification) 1. The Client places orders / requests for financial and non-financial transactions with Geojit pursuant to the Member Client Agreement, terms, conditions, power of Attorney, etc. Such requests / orders are placed using multiple channels / means of communications including voice, video or text based communications via the telephone, mobile telephony, SMS, email, internet/website based communications, facsimile communication or such other means of communications now existing or hereafter offered/established or being availed of, and such further/other means of communication which Geojit may determine, provided that Geojit shall have the right to discontinue/cease to offer existing communication facilities from time to time. 2. The Client shall be entirely and solely responsible for safe-keep of the Client-Identification and passwords and or TIN / PIN provided by Geojit to the Client for their sole and exclusive use to avail the facilities of viewing and or placing orders / requests in the products and/or services and transacting in the Stock Exchanges as offered by Geojit. 3. Geojit may carry out transactions and instructions authenticated by the password / PIN provided to the Client and the same shall be deemed to be under the express authority of the Client. Geojit has no obligations to verify the authenticity of any transaction instruction sent or purported to have been sent from the Client other than by means of verification of the Client s password / PIN. 4. Geojit will not have any other means of validating the Client while receiving the orders / requests over the phone. The Client shall hold Geojit harmless of the losses and costs, legal or otherwise due to misuse of the Client password/ TIN/PIN and other personal secure information, orders placed by any person other than the Client in case the Client compromises the confidentiality/secrecy of the password/ TIN /PIN. 5. The Client is aware that the transaction statements, ledger, bills, contracts, past transaction details, etc. that would be provided to the Client through Website or otherwise (as may be intimated to the Client), may be accessed by other entities in case the confidentiality/secrecy of the password is compromised by the Client. 6. The use and storage of any information including, without limitation, the passwords or digital signatures, transaction activity, account balances and any other information or transactions available on the Client s personal computer is at the Client s own risk and is the Client s sole responsibility. 7. The Client shall be bound to indemnify and hold Geojit, harmless against any loss that may be suffered by them, its Clients or a third party or any claim or action that may be initiated by a third party which is in any way the result of improper use of the passwords, digital signatures, user ID, TIN / PIN by the Client. 8. The Client shall choose a password that shall be alphanumeric that is minimum 8 and maximum 12 characters long. Geojit shall change these requirements for maintaining the required length of passwords and also other related parameters from time to time whenever it perceives the need to change for enhanced security. The Client shall choose a password that shall be as specified by Geojit and shall at all times keep the Client-identification and password confidential. Further, at such time and within such period as Geojit may require, the Client shall obtain and maintain during the term of this Agreement, digital signatures, which would aid and assist the Parties and the Client to authenticate all or any electronic transactions made through its Portal and shall take such safe and secure measures on his own to ensure the safety of the transactions with Geojit. The Client shall be responsible for keeping the Client-id and password and/or digital signature confidential and secure and shall be solely responsible for all transactions and other requests that are entered and executed using the password and/or digital signature whether or not such person was authorized to do so. In the event of an apprehension of unauthorized access, the Client shall immediately cause the password and/or digital signature to be changed. The Client shall at no time allow any unauthorized person access to his account and shall ensure that he logs off every time whenever he is not using the service. 9. The Client shall regularly change the passwords and PIN and comply with any regulations that may be implemented / changed from time to time. 10. Geojit may disable / interrupt the availability of the Products and/or services, as a precautionary measure and for the safety of the Client, after three wrong login attempts by the Client. 18 58
11. If the Client forgets or loses the Client ID or Client Password / PIN and/or other identification tools provided/ specified to the Client by Geojit, the Client can request for change by sending a duly authorised written request to Geojit in the mode and form prescribed by Geojit. All Transactions carried out by use of the Client ID and Client Passwords and TIN/PIN and/or other identification tools provided/ specified to the Client by Geojit shall be deemed to be done or authorised by the Client. 12. If there is any interruption in the facilities available for any reason whatsoever, the Client may contact Geojit. Geojit shall in no way be liable for the consequences of any interruption in the facilities. 13. The Client shall ensure and comply the following: (a) Choose a password which shall be at least 8 characters and does not relate to any readily accessible personal data such as name, address, telephone number, etc. of the Client or any other easy combination of letters and numbers; (b) Commit the User Name and Client Password and/or other identification tools provided/ specified to the Client by Geojit to memory, and not record them in written or electronic form; and (c) Not let any unauthorised person have access to computer and not to leave the computer unattended whilst accessing any product and/or service. J. Funds Transfer-in/Transfer-out Terms & Conditions Funds Transfer-In: Geojit offers Clients multiple modes of transferring funds to the investment account including but not limited to online / real-time bank funds transfer, cheque, pay-order, demand draft, etc. and such other channels as may be introduced from time to time subject to such terms and conditions as it may deem fit. All the channels for fund transfer may not be available to all Clients and may vary for each Client category and the mode of operations selected by the Client. Geojit may at its sole discretion consider accepting the payment in cash for such fees, charges, and services as it may decide from time to time provided it complies with the relevant rules and regulations governing the said products and/or services. Funds Transfer-Out: Geojit enables the Client to maintain an investment account for availing the Products and/or services offered. Geojit offers the Client an option to maintain a running balance investment account. The Client can also withdraw balance from the investment account by placing withdrawal request with Geojit online and or offline. Alternatively, the Client can opt for Standing Instructions for withdrawal of clear balance from the investment account or any other account with Geojit (identified and accepted by Geojit) on daily basis. Client shall identify the default bank account in which it would desire to receive the payment on regular basis. The Client will be permitted to request payment in any other registered bank account on case-to-case basis. The Client shall also have the facility to change the default bank account and to modify or add or remove the bank account to the investment account. Geojit may consider placing restrictions on the minimum and maximum withdrawals of Client. Geojit may also consider minimum balance to be maintained by Clients (all or select). The Client shall be bound by the Terms and Conditions for Funds Transfer-In / Transfer-Out as stated below and as may be amended from time to time: 1. The Client confirms that the funds invested by him legally belong to them. 2. The Client confirms that he shall not transfer funds from any bank account other than of his own account registered with Geojit. 3. Client should be one of the holders in the bank account or the first holder as may be required by Geojit 4. Offline Clients may be permitted to link single bank account and single demat account (held in joint names) to multiple accounts while Online Client are not permitted to do so. Geojit may at its discretion consider altering or amending the same from time to time. 5. Funds Transfer-in can be made only from bank account registered with Geojit. 6. If the Client makes payment from a bank account not registered with Geojit, Geojit shall at its discretion transfer the said amount to suspense account or such other account as it may deem fit until the Client requests for registering the said bank account alongwith the required proofs or requests for refund of the same. Geojit will make payment to the same account from which it received the funds in case of request for transfer back. 19 59
7. Funds Transfer-in should be made either through cheque, demand draft, online real-time fund transfer facility and or such other mode / channel as may be accepted or introduced from time to time. 8. Geojit may consider accepting Cash for limited purpose of payment of demat services and or investment account opening charges. 9. Outstation cheques will not be accepted, and in case they are accepted then the Client shall bear the outstation charges. 10. Client will submit the pay-in slip (reflecting that the instrument has been drawn from the bank account registered with Geojit) in case demand draft is used as the funds transfer-in mode. 11. Geojit shall levy such fine and or penalty for any payment instrument that is not honoured by the Clients Bank. 12. The Client shall mention the Exchange and Client code / Client ID while making payment in any physical instrument at the Geojit office and should also specify the product and or services / exchange segment towards which the payment is being made. Geojit will at its discretion decide to credit the funds under any segment / exchange if the Client has not specified the same. 13. Client shall ensure not to make payment vide channels that are not acceptable to Geojit including but not limited to directly crediting Geojit s bank account, bank internet site, RTGS, NEFT, ECS, etc. until Geojit has confirmed acceptance of the same for a particular instance to a particular Client. 14. The exposure / limits shall be given to the Client only against clear funds and not against physical instruments unless Geojit decides otherwise. 15. If any payment is made from a third part bank account in which the Client is not an account holder then Geojit on identifying the same shall reduce the said amount from the Client s investment account and transfer the same to suspense account or such other account it maintains for the purpose. The Client understands that his investment account can have debit as a result and that Geojit will take such further action as it may deem fit. 16. The Client understands that in case of online real-time fund transfer, the funds may have been blocked in the bank but the same may not reflect in the Geojit account due to technical issues. The Client shall intimate the same to Geojit immediately on noticing the same. Geojit shall endeavour to identify and resolve the issue alongwith the support of the said bank. 17. The Client understands that if the payment is made vide online real-time fund transfer from third party bank account then Geojit may not be in a position to track the same real-time resulting in providing the Client with additional limits. Geojit shall however reverse the same on becoming aware of the same. The Client agrees that the Client is entirely responsible for the consequences of such action taken by Geojit. 18. Geojit shall make payment to the Client as per Client instructions only if clear credit balance is available in the Client account. 19. Geojit shall process the request for payment to the Client only at the end of each day or as may be decided by Geojit from time to time. 20. Geojit shall make payment to the Client only in the registered default bank account. 21. Geojit will make the payment to the Client by any of the available modes of payment such as: direct credit in the Client bank account, cheque, ECS, NEFT, RTGS and or such other modes as it may consider from time to time. 22. The Client may be provided with the facility to request for payment through the website of Geojit or the branch or written communication. Geojit may consider offering other channels as it may deem fit from time to time. 23. The Client shall not place multiple requests for payment in a single day. 24. Clients who opt for Standing Instructions to receive credit on availability of clear funds in their investment account may not be permitted to give a separate payment request. 25. Geojit may offer the facility of Standing Instructions only for all banks where the payment can be made by direct credit to the Clients bank account. 26. Geojit will release the payment only on availability of clear funds in the Client account. 27. The Client shall not hold Geojit responsible for processing time taken for payment. The Client also shall not hold Geojit responsible for delay in making the payment to the Client if the same is due to technical issues, or delay beyond the control of Geojit, or at the Banks end. 20 60
28. The Client may not be permitted to cancel and or modify its payment request once made. 29. The limits shall be reduced to the extent of the payment requested by the Client. 30. The payment request shall be cancelled if sufficient clear balance is not available in the Clients investment account or Geojit may consider to process the request to the extent of available funds. 31. The payment requests shall be processed only on working days. 32. The Client request for payment shall not be processed if there are any pending orders / instructions for any other financial security or any of the product and/ or service availed by the Client. K. Terms and Conditions Governing Platform Change Facility Geojit may offer different types of platforms to choose from according to Client requirements subject to such terms and conditions as it may deem fit from time to time including the following terms and conditions: 1. Geojit may at its sole discretion prescribe the eligibility criteria for each platform and the charges for each such Platform and may change the same from time to time with or without prior intimation to the Client. Geojit shall display the changes and the latest conditions on the website for information to the Client. Client s request for change in the Platform shall be subject to and be deemed acceptance of the prevailing Terms and Conditions. 2. Processing fees of Rs.100/- is levied for each processed request for change in platform or such amount as Geojit may decide from time to time. 3. All Requests received after the cut-off time shall be processed on next working day. 4. All Accepted requests shall be effective from the following working day or from such other days as may be determined by Geojit. 5. If multiple requests are made before the cut-off time then only the last request shall be processed. 6. The eligibility criteria including minimum brokerage, if any, shall be charged proportionately for the period before and / or after change of the platform and/or option for the period. 7. Periodical validations shall be performed to check whether the eligibility criteria are met. Geojit May, at any time, prescribe periodicity of the validations and may decide to change the periodicity of such validations. 8. Clients failing to meet the eligibility conditions for any given platform shall be mapped to any lower version platform as Geojit may decide. 9. Reversal of sees, if any, under the refundable option will be even in the ledger at the end of the financial year. L. Terms and Conditions Governing SMS Alert Facility Definitions: Open Request shall mean Pull Alerts which have not been executed by Geojit or which have not been cancelled by the Client. Pull Alert facility shall mean the subscription based SMS Facility provided by Geojit through which the Client may receive Pull Alerts on the Client s mobile phone. Pull Alert shall mean the receipt of information by the Client pursuant to the last traded price or the last traded price reaching the 52 week High or Low of the prices of a particular scrip on the National Stock Exchange and or Bombay Stock Exchange and or related to any other asset class or instruments including Mutual Fund NAV, Client Portfolio, demat transactions, ledger balances, etc. meeting the condition specified by the Client, that may be provided by Geojit as requested by the Client. Push Alerts shall mean the receipt of information by the Client other than the information sent through the Pull Alert Facility. Geojit may send market related updates and or information, research updates, and such other data which Geojit sends to its Clients who have specifically subscribed to the service. Geojit may also send essential information on the product features, changes therein, or any other information as and when it deems fit. Website shall mean www.geojitbnpparibas.com or such other sub-domains or such other website as may be maintained by Geojit from time to time. 1. Geojit may provide the Client with such number of Pull Alerts as Geojit may in its sole discretion determine. In the event of Geojit deciding to charge the Client per Pull Alert sent, it shall intimate the Client of the same by email or by displaying the same on the website and or mobile / SMS along with the applicable charges. Geojit shall debit the Client s investment 21 61
account on daily or monthly basis or as it may decide from to time, such sums as may be due to it hereunder for providing the SMS facility. 2. Geojit reserves the right to modify the said charges from time to time, or discontinue this service at any time without assigning any reasons for the same. Provided that Geojit shall intimate the Client, the modified charges and/or any change in the same either through an e-mail or Push Alerts or by putting up the said charges and/or changes on the Website or orally or any other mechanism as it may deem fit. It shall be the Client s responsibility to maintain adequate balance in his account so as to enable Geojit to debit his account for such above-mentioned charges. If Geojit is unable to recover the charges from the Client, due to insufficient balance in the Client s account, then Geojit may consider to debar the Client from availing the facility or take such other actions as Geojit may deem fit. 3. Pull Alerts facility is currently not available. However, when introduced, it shall be provided by Geojit through a facility provider, as a separate service, to the Clients who have voluntarily subscribed to this facility. 4. The Pull Alerts facility shall be open for subscription and shall be provided only to those Clients who have given their valid and functional mobile numbers to Geojit. 5. Geojit may at its discretion offer such Push Alerts as it may deem necessary to the mobile number of the Client as intimated by the Client. It shall be the Client s responsibility to ensure that the mobile number given to Geojit is correct and operable/in-working condition at all times. 6. Geojit shall also push such research related messages and or market updates and information only to those who have specially subscribed for the SMS services. Geojit does not assure the number of such messages that may be provided on each working day. 7. Geojit may define the parameters and the rules within which the Client should place the Pull Alert requests. Geojit may at its sole discretion change such rules from to time with or without any intimation to the Clients. 8. In case of a change in the mobile number, it shall at all times be the obligation of the Client to ensure that the said change is intimated to Geojit / updated at the website in time so as to ensure that Geojit may carry out the corresponding change in its data base at the end of day on which such intimation is received by Geojit, so as to ensure that all the SMS messages including Push and Pull alerts are sent to the new mobile number. Alerts shall be sent to the new mobile number only after the same has been incorporated in Geojit s database, provided that Geojit shall at no time be liable, in case an alert is sent to a number, which has changed, which may have caused due to a delay or nonintimation by the Client or non-receipt of the intimation by Geojit of the said change. 9. It shall be the Client s responsibility to ensure that accurate data for the purpose of receiving the requested Pull Alerts is intimated to Geojit and shall at times check up the details of the requests before submitting them to Geojit. Geojit and its facility provider hereby disclaim all or any liability that may arise as a consequence of the incomplete / incorrect data /request being provided by the Client for the Pull Alert. 10. Geojit hereby declares that Geojit or the facility provider shall not be responsible for any non delivery or delay in delivery of Pull Alerts and or market updates and information to the Client including but not limited to reasons such as the mobile phone being lost, stolen, or the Client s phone not being with him, or a technical failure with the Client s mobile phone. The Client shall not be entitled to claim a refund of any amount charged by Geojit to him or any additional amounts whether as compensation, damages, opportunity loss, etc. 11. The Clients may withdraw from the services at any point of time through appropriate written intimation to Geojit s assigned officials and or any other mode of communication that may be set up by Geojit from to time. Geojit may also provide a link on the website to modify or cancel the facility, where the Client changes the options / settings of the SMS facility. Provided that the Client will be permitted to modify the request only for the last traded price, or the 52 week high/low price as the case may be, for that particular scrip. The Client will not be permitted to modify the stock for which the Pull Alert was sought, though he may cancel the same and request for a new alert. Provided further that a Client will be permitted to modify or cancel a request only if the same has not been executed. The Client may check the status of the requested Pull Alert/s on the Website from time to time. 12. In case the Client makes a request for a 52 week high/low Pull Alert for a particular scrip, an alert would be set for a price which is the 52 week high/low at the time of setting the alert request, and will remain unchanged irrespective of any subsequent variation in the 52 week high/low price of the particular scrip. In case the Client wishes to change the same, the Client will have to cancel the existing open request for that particular scrip and make a fresh request for the new 52-week high/low Pull Alert for it. 13. Geojit may, at its discretion, decide the maximum number of alerts that Client shall be eligible to set up. Provided that Geojit shall cause to intimate the Client of the said change through e-mail or Push Alerts or by putting up the said changes 22 62
on the Website or any other mechanism. If the request placed in by the Client exceeds the maximum number of permissible open requests, then Geojit shall not entertain the additional request unless an existing open request is cancelled by the Client or has been executed. 14. Neither Geojit nor any other party disseminating any data, message and/or information pertaining to the Pull Alerts or the Push Alerts or market updates and information shall be liable for any inaccuracy, error, omission or delay in the transmission or delivery of: a. any such data, information or message; or b. any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, nonperformance, or c. interruption in any such data, information or message, due either to any act or omission by Geojit or any disseminating party or due to power failure, equipment or software malfunction or any other cause beyond the reasonable control of Geojit, or any disseminating party. 15. Neither Geojit nor any disseminating party shall be liable for any lost opportunity i.e. notional profit due to the nonreceipt of a certain Pull Alert or market update / information that may have been requested by him. 16. Terms & conditions for the Investor / Client for using New MFSS facility 16.1 Pre-requisites for becoming Investor / Client for the New MFSS facility a. The client who is desirous of investing in units of mutual fund schemes through the New MFSS. b. The Client intends to execute his instruction for the subscription/redemption of units of Mutual Fund Schemes through the Participant of the New MFSS. c. The client has satisfied itself of the capacity of the Participant to deal in Mutual Fund units and wishes to execute its instruction through the Participant and the client shall from time to time continue to satisfy itself of such capability of the Participant before executing transacting through the Participant. d. The Client has approached to the Participant with the application for availing the New MFSS facility. e. The client has submitted relevant KYC (Know Your Client) details to the Participants 16.2 Terms and Conditions f. The client shall be bound by circulars issued by NSEIL, Rules, Regulations and circulars issued there under by SEBI and relevant notifications of Government authorities as may be in force from time to time. g. The client shall notify the Participant in writing if there is any change in the information in the client registration form provided by the client to the Participant at the time registering as a client for participating in the New MFSS or at any time thereafter. h. The client shall submit to the Participant a completed application form in the manner prescribed format for the purpose of placing a subscription order with the Participant. i. The client has read and understood the risks involved in investing in Mutual Fund Schemes. j. The client shall be wholly responsible for all his investment decisions and instruction. k. The client shall ensure continuous compliance with the requirements of the NSEIL, SEBI and AMFI. l. The Client shall pay to the Participant fees and statutory levies as are prevailing from time to time and as they apply to the Client s account, transactions and to the services that Participant renders to the Client. m. The client will furnish information to the Participant in writing, if any winding up petition or insolvency petition has been filed or any winding up or insolvency order or decree or award is passed against him or if any litigation which may have material bearing on his capacity has been filed against him. n. In the event of non-performance of the obligation by the Participant, the client is not entitled to claim any compensation either from the Investor Protection Fund or from any fund of NSEIL or NSCCL. o. In case of any dispute between the Participants and the investors arising out of the MFSS facility, NSEIL and / or NSCCL agrees to extend the necessary support for the speedy redressal of the disputes. DAY TRADING TERMS AND CONDITIONS- FUTURES Day Trading: The terms and conditions for Day Trading may vary, at Geojit s absolute discretion, for each channel, based on the risk profile of the Client and the market conditions. Geojit may also vary the terms and conditions during the market hours based on market volatility and its risk perception without any further communication or intimation to the Client. This Facility shall be offered to the Clients at the sole discretion of Geojit. Geojit reserves the right to refuse to offer 23 63
this Facility to any Client or group of Clients and may withdraw the Facility at any time without prior notice or assigning any reason thereof. 1. Online/ Offline Channel: (a) Day Trading in Futures shall be permitted only in the list of contracts specified for the purpose by Geojit from time to time. Geojit shall display the list of contracts in the Customer Care Website and the list would be subject to change by Geojit from time to time and even during the day. (b) Client shall not convert an existing position/order taken/placed in any other product to a Day Trading in Futures position. However if a contract(s) is disabled under the facility during the day, clients will have the option to close the existing open positions. However, no fresh orders will be allowed in such contracts (c) The margin percentage applicable to each Futures contract shall be specified by Geojit from time to time in the Customer Care Website and may be changed at the discretion of Geojit without any further intimation. This margin percentage may be more than the margin prescribed by the Stock Exchanges. (d) Currently, Mark-to-Market (MTM) shall not be applicable to Day Trading in Futures. Hence, all Open Positions will be auto squared off at the stipulated cut off time. Geojit reserves the right to decide the timing and frequency for running the Intraday MTM process. (e) Geojit, may at its discretion shall make MTM applicable to permit carry forwarding of Open positions and the same shall be duly notified. (f) Geojit, shall however calculate Mark to Mark (MTM) periodically on all open positions to monitor Margin applicable on open positions. Additional Margin call shall be made by Geojit in case the Mark to Market (MTM) loss on the open margin positions exceeds the defined threshold limits. (g) Geojit shall block additional Margin required, out of the balance available in the Client s account and may cancel the pending orders and place square-off orders to close all or some of the Day positions if sufficient balance is not available to absorb the additional margins. (h) If the balance is not sufficient to cover the margin violation and or the additional margin call then the open positions under Day category shall be squared-off at the Client risk without attempting to call the Client, or converting to delivery or giving some grace time. If the Client has taken Day positions in many contracts then the contract to be squaredoff on Client s behalf shall preferably and not necessarily be chosen on the basis of the descending order of the loss incurred, until the balance turns positive. (i) Geojit shall trigger the auto square off process 20 minutes prior to the closure of market for the trading day. Geojit may at its discretion vary the time of auto square off and the same shall be duly notified in the Customer Care Website. (j) The auto square off orders shall be generated at market price and they may be executed at any price, which may be different from the price prevalent at the cut-off time. (k) The losses, if any, arising on execution of the auto square off trades shall be borne by the Client. (l) Geojit shall have the right to cancel any or all open orders and/or close any or all outstanding contracts. (m) Open Margin positions that are not squared off for reasons beyond the control of Geojit such as technical issues, etc. shall be squared off on the subsequent day. (n) If the position cannot be successfully squared off due to reasons beyond the control of Geojit then the positions shall be carry forwarded to the next trading day and MTM shall be calculated on the positions. The Client shall be liable for any resulting losses, brokerage and all associated costs incurred for the purpose. (o) Geojit reserves the right to square off any open positions, if the current market price breaches the specified percentage when compared with the previous day s closing price for that contract. 2. Exposure: The exposure limits permitted against the eligible Contracts may vary from time to time and will be based on the risk perception of Geojit. Geojit may at its sole discretion consider changing the same without prior intimation to the Clients. The exposure limits permitted for Futures may vary from contract to contract and may also vary from time to time without any prior intimation to the client. 24 64
3. Positions: Before executing any order, Client should have sufficient exposure limits / ledger balance equal to or greater than margin money. Client agree and understand that if Client do not square off the position by the stipulated time before the close of market hours, Geojit will have all rights to square off the position on the same day or on any later date. Client shall ensure not to cross the limits placed on the open positions in Contracts by the Exchange from time to time and Client shall be liable for the consequent actions by the Exchange and Geojit upon crossing such limits intentionally or unintentionally. As and when SEBI and its Regulatory bodies come up with new circulars, notifications or guidelines with respect to operations, trading and other related matters Geojit will be modifying these terms and conditions to meet the requirements. 4. Calls for additional Collateral and Liquidation: If it is considered necessary for its own protection, Geojit may require the Client to immediately deposit cash or collateral into their account in order to assure due performance of their open contractual commitments. If Client do not provide such additional cash or collateral, Geojit is entitled to sell any or all securities and or close all or some open contracts and or other property in their account, buy any or all securities and other property which may be short in their account, cancel any or all open orders and/or close any or all outstanding contracts. In addition, Geojit may exercise any or all of the above rights without demand for additional cash or collateral, or notice of sale or purchase, or other notice or advertisement. Any such sales or purchases may be made at any time at Geojit s discretion on any exchange or other market where such business is usually transacted, or at public auction or private sale. Issual of any prior demand or call or prior notice of the time and place of such sale or purchase shall not be considered as a waiver of Geojit s legal right to sell or buy without any such demand, call or notice. In case of delayed payment/ delay in realization of the dues, then interest, at the rates as decided by Geojit from time to time, shall be paid by the Client for the same till the date of payment by the Client. In case of sale of Clients Securities to recover MTM obligation/dues/ losses/interest, the brokerage rates that would be charged for such sale transactions would be the rates applicable for sale transactions under the Spot segment on the Website. Client s Signature Signature : 25 (Full signature required) Client Name Witness: Geojit BNP Paribas Financial Services Ltd. Authorized signatory Signature: Name of Authorized Signatory: Witness: Name & Address : Name & Address : Signature of the witness : Signature of the witness : 65
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Non-mandatory POWER OF ATTORNEY FOR BROKING AND OTHER PRODUCTS & SERVICES On Stamp paper of Rs. 100 THIS POWER OF ATTORNEY MADE AT THIS DAY OF 20 BY: an Indian, residing at (hereinafter referred to as the Client or Holder ) which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its executors, administrators, successors and assigns; AND * 1) an Indian, residing at 2) an Indian, residing at 3) an Indian, residing at with Demat Account in the following manner a) DP ID client ID b) DPID client ID [hereinafter referred to as the Demat Account Holder or Joint Demat Account Holders* as the case may be (*only when the Demat a/c is in joint names)], which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its executors, administrators, successors and assigns of the First Part, IN FAVOUR OF Geojit BNP Paribas Financial Services Limited, a company incorporated under the provisions of the Companies Act, 1956, (hereinafter referred to as Geojit ) having its registered office at 5th Floor, Finance Towers, Kaloor, Kochi - 682017, which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its executors, administrators, successors and assigns by way of amalgamation and/ or merger and registered as a stock broker of National Stock Exchange of India Ltd. (NSE) [SEBI registration number INB 231337230 in the Capital Market Segment with CMBP ID IN506594 & Pool account number 10000004/ IN300239, 1204890000000319, NSSCCL(MFSS) 1100001100017837, NSSCCL (MFSS) CM BP ID IN565576], Bombay Stock Exchange Ltd. (BSE) [SEBI registration number INB 011337236 in the Capital Market Segment with CMBP ID IN603287 & Pool account number 10324155/ IN300239, 1204890000000283] of the Second Part, WHEREAS : 1. Geojit, in its capacity as a stockbroker entered into a Member Client Agreement(s) (the said Agreement ) for providing the trading facilities on National Stock Exchange of India Ltd. (NSE) and Bombay Stock Exchange Limited (BSE) (collectively with the exchange) **and a Margin Trading Agreement for providing Margin Trading Facility (MT facility) (collectively referred to as Agreement together with the Member Client Agreement) pursuant to which Geojit will funds purchase of shares bought by Client and a Margin Trading facility; 2. The Client is desirous of availing such trading facilities and products & services provided/ to be provided by Geojit online and or offline /and the MT Facility, subject to the terms and conditions stipulated by Geojit and such other terms as may be amended from time to time on its website or otherwise under the said Agreement; 3. The Joint Demat Account Holders, hold jointly with the Holder a demat account with a Geojit BNP Paribas Financial Services Limited, a depository participant ( DP ) First Holder in Demat A/c Second Holder in Demat A/c Third Holder in Demat A/c 67
4. As a consideration for providing the trading facility and also for availing the products & services to the Holder to transact under the said Agreement and to facilitate execution of all transactions, online and/or offline, the Holder and/or Joint Demat Account Holders agree to provide the power to Geojit to execute, confirm and complete all transactions of all deals for and on behalf of the said Parties and to give effect to the terms of the said Agreement and/or other deeds/ agreements executed in favour of Geojit and/or its affiliate concerns NOW THEREFORE THIS POWER OF ATTORNEY WITNESSETH THAT: We, the Parties of the First Part, do hereby nominate, appoint and constitute Geojit as our true and lawful attorneys to do, execute and perform or cause to be done, executed and performed, the following acts, deeds and things or any of them for and on my/our behalf namely: AUTHORIZATION TO GEOJIT 1. To operate demat accounts, with the said DP, in the name(s) of Holder and Joint Demat Account Holders so far as reasonably practical to facilitate the transactions for purchase and sale of securities on the Exchanges in the name of the Holder and other products & services / or in any other transaction including MT Facility or combination there of having the Holder as the sole/#first holder or any other holder, as Geojit may deem fit in its sole discretion,with the said DP.(# delete if not applicable) 2. To sign and execute necessary documents, forms, agreements, undertakings, confirmations, declaration etc. andto accept terms & conditions, on my/our behalf for the purpose of operating such Demat Account(s). 3. To operate the Demat Accounts maintained with Geojit to meet all obligations of the Holder in terms of the said Agreement/s for transactions done/to be done on instructions of the Holder and to give other instructions relating to the Demat Account(s), for any matter concerning the transaction in securities including availing the Margin Trading Facility, to debit the trading accounts held with Geojit for any liabilities or obligations of the Holder including charges for account opening and for availing various trading facilities and any matter concerning other products & services from Geojit. In event the designated Demat Accounts with Geojit for carrying out transactions is closed or transferred, for any reason whatsoever, and the Holder instructs Geojit, in such manner as may be acceptable to Geojit, for substitution of new Demat Accounts in place of the demat Account as designated, all the terms and conditions of these presents shall likewise extend and apply to all such new/substituted Demat Accounts. This Power of Attorney would be deemed to extend to any Demat account opened by us in addition, substitution or replacement of the Demat account that gets linked to the Investment account with Geojit. This Power of Attorney would also be deemed to extend to block/mark lien on securities in the aforesaid Demat Account(s) or any other demat account(s) as may be opened from time to time in pursuance of these presents and/or to credit the Demat Account(s) with securities due to us. 4. We, the joint demat account holders, do hereby understand, agree and acknowledge that, by virtue of such joint holder ship, our names may also be required to be entered in the relevant application/ instruction forms that are being submitted for the purposes stated herein on behalf of the holder. We fully agree to such naming in the forms and further agree to hold Geojit harmless in any related queries by any Authorities or Regulators and also not to raise any claim or dispute against Geojit for such filling up of names. 5. To authorize, to instruct the said DP to debit our Demat Account(s), towards securities due to Geojit, and to discharge all obligation in this regard on our behalf to Geojit arising as a result of Agreement/s between Geojit and me/us. I/We hereby agree that the instruction of Geojit to the said DP to transfer the securities out of my/our Demat Account to the Demat Account of Geojit shall be deemed to have been my/ our instructions and the said DP have no necessity to enquire about the obligations towards which such transfers are effected by Geojit or any third party service provider. 6. To debit trading account/investment account towards monies/ fees/ charges /securities, etc. payable /due to Geojit, in relation to transactions in securities executed through Geojit, while carrying out the transaction for payment or otherwise or for subscribing to any products, services, facilitated by Geojit or any third party service provider. 7. To do all things necessary for and incidental to availing /repayment of dues for such transactions in securities executed by the Holder including but not limited to pledging of scrips, stocks, securities, bonds, debentures, mutual fund units, units of any collective investment scheme or any other security or financial instrument on behalf of me/us through Geojit for margins or other obligations or liabilities or releasing the pledge/ lien/ block on the securities. 8. To apply for, redeem, and to do all things necessary, relevant and ancillary in this regards, for various investment products in the nature of Mutual Fund, Bonds, Insurance Policies, IPO s etc. and to effect necessary payment for the same. First Holder in Demat A/c Second Holder in Demat A/c Third Holder in Demat A/c 68
9. We expressly authorise Geojit to deposit/pledge securities in my/our Demat Account as collaterals with the exchange(s), if Geojit so desires to avail exposure against the said collaterals. 10. This PoA is executed on the firm understanding received from Geojit that, Geojit would return the securities or funds that would have been received by Geojit erroneously or without authority from me/us. 11. AND GENERALLY to do or cause to be done every other acts, deeds, matter or thing, as Geojit may deem necessary or expedient for the purpose of or in relation to these presents. We hereby declare that all and every receipts made, executed or done for the aforesaid Products and Services by virtue of these presents shall be as good, valid and effectual to all intents and purposes whatsoever as if the same had been made, executed or done by us in our own name(s). We hereby ratify and confirm and agree to ratify and confirm all that Geojit or any of their respective Officers shall do or cause to be done in or concerning the premises by virtue of these presents. 12. It is specifically made clear herein that this Power of Attorney shall be cancelled or revoked at any time without any advance notice from my/our side, however those obligations arising before such cancellation shall be carried out by Geojit, for which I/We shall not raise any objection. 13. It is also made clear hereby that, by virtue of me/us executing this Power of Attorney, Geojit may send a consolidated summary of my/our scrip wise buy and sell positions taken with average rates by way of an SMS/email on a daily basis, in addition to the normal documents being received from Geojit. Name: Demat Account No.: a) Signature of the Trading Account Holder (full signature required) Name: X Signature of the Joint Demat Account Holder (full signature required) Name: X Signature of the Joint Demat Account Holder (full signature required) Name: Demat Account No.: b) X Signature of the Joint Demat Account Holder (full signature required) Name: X Signature of the Joint Demat Account Holder (full signature required) Name: X Signature of the Joint Demat Account Holder (full signature required) Name: ** Strike off if not applicable X Signature of the Joint Demat Account Holder (full signature required) 69
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Non-mandatory PLEDGE AGREEMENT On Stamp paper of Rs. 20 This Pledge Agreement ( Agreement )executed by Mr./Ms./M/s (hereinafter referred to as Client, which expression shall include their/his/her representative, heirs, executors, administrators, successors and assigns) in favour of Geojit BNP Paribas Financial Services Limited, a company having its registered office at 5 th floor, Finance Towers, Kaloor, Cochin 682017, Kerala and one of its branch office at (hereinafter referred to as Geojit which expression shall include its successors and assigns) WHEREAS the Client is a beneficial owner, as provided under Depositories Act 1996, of shares/debentures/securities more particularly described in the schedule below (hereinafter referred to as said securities ) which is held in the dematerialized form under a depository system and the Client is entitled to all the rights, benefits and privileges as absolute owner of said securities and holds the trading account with Geojit BNP Paribas Financial Services Ltd, having DP ID No. and, Client Id No. WHEREAS the Client has requested Geojit to grant trading facility through Stock Exchange Terminals of the Geojit against pledge of said securities and in terms of above request Geojit has granted/agreed to grant trading facility in the name of the Client against pledge of said securities in favour of the Geojit which is held in dematerialised form under a depository participant on the terms and conditions mutually agreed and mentioned hereunder and on compliance of required formalities/procedure as provided under the relevant rules/regulations. IT IS HEREBY AGREED TO BETWEEN THE CLIENT AND GEOJIT AS FOLLOWS: 1. In consideration of Geojit having granted/agreed to grant the trading facility to the Client, the Client agrees to pledge in favour of Geojit, by way of constructive delivery through depository participant or otherwise and recording the creation of pledge with depository /depository participant in respect of said securities detailed in the schedule described below and/or to be pledged, and/or pledge forms in respect of which has been submitted from time to time, during the continuance of such trading facilities, as and by way of security as margin. 2. The Client agrees to execute necessary formats/request/documents required for creation/recording/transfer of such securities to be pledged from time to time, which are held in the dematerialized form under a depository system through depository participant. Client also agree to comply with the all necessary formalities/procedures in connection with creation of pledge, making necessary entries of pledge with depository/dp and intimating the same to Geojit, as provided under the SEBI (Depository and Participant) Regulations 1996, bylaws/business rules of depository participant. 3. It is agreed by the Client that fixing of margin money and providing trading facility shall be at the sole discretion of Geojit and Geojit or any of its officials shall not be liable for any delay, denial, and discontinuance in respect of availing of trading facilities, sanctioned to the Client. 4. The Client hereby irrevocably declare that they shall not opt out of a Depository (as contemplated in Section 14 of Depositories Act are to rematerialize the shares/debentures in respect of the securities pledged and/or likely to be pledged for which notice of pledge has been given/recorded, without written consent of Geojit. 5. The Client hereby irrevocably agree that Geojit shall be entitled to invoke pledge at its absolute discretion at any point of time without giving prior intimation of the Client s (as pledgee s right specified in clause 58(8) of the SEBI (Depositories And Participants) Regulations 1996 as amended from time to time or by any other provisions of law or by contract) and Geojit is also entitled to all rights/privileges as a pledgee provided under the provisions of Indian Contract Act, and that the decision of the Geojit in this respect shall be final and conclusive. 6. The Client hereby agrees and confirms that the security described in the schedule hereto are fully paid up and Geojit shall be entitled to demand and receive all interests, dividends and all accretions to the said securities whether by way of bonus/right/preference issue of shares, related to the securities pledged/to be pledged and it is agreed that Geojit shall have a right of lien over the same. The Client undertake that necessary documents, if any, required by Geojit shall be executed facilitating the above and no other instructions / authorizations documents shall be given/executed to DPs or agents or any persons, during the currency of the credit facilities, which would prejudicially affect the right and interest of Geojit in this regard. 1 71
7. The Client hereby further agrees that the Geojit shall at all times during the existance of the Trading facilities or this Agreement is free to have the said securities registered/transferred in its own name or in the name of its nominee(s) or in the name of any other person through its Depository Participant or otherwise as deemed appropriate by Geojit in its absolute discretion. The Client further agrees that the nominee(s) shall have same rights as the Geojit has and the cost and expenses incurred by Geojit to that effect shall be borne by the Client. 8. The Client agrees that the Geojit shall be at liberty to have all or any of the said securities valued at current market rate of the said securities then prevailing in the stock exchange on a daily basis, so as to ensure that the Client maintains such margin on the security offered as may be stipulated by the Geojit from time to time at its sole and absolute discretion, which the Client hereby specifically agrees to accept without demur and to be bound by it and in the event of any short fall arising in the margin as required the Client hereby agrees and undertakes to replenish the deficiency through cash payment as the Geojit may agree. 9. Geojit may in its absolute discretion permit the Client to release part of the securities pledged and such partial release of securities and accepting of additional securities, invocation of pledge of partial securities etc. will not in any way affect the holding of the remaining securities by Geojit and the rights and liabilities created in terms of these presents. 10. The Client agrees that any shares, debentures offered as further security from time to time during the existance of Trading facility shall form part of the said securities described in the schedule hereunder and the particulars of such securities shall be described in separate schedule(s) that shall be annexed to this Agreement which schedule(s) also shall form part of this Agreement and securities mentioned therein shall be deemed to have been added/ incorporated to the securities mentioned in the schedule hereunder and all the terms and conditions of this Agreement shall be applicable to the securities offered from time to time during the existance of the Trading facility. 11. The Client agrees that in the event if any default on his/her/their part, in maintaining the margin at any point of time during the currency of this Agreement shall be entitled to invoke the pledge as provided under SEBI (Depository and Participant) Regulations 1996 and exercise any right as a pledgee as per the provisions of Indian Contract Act and thereby sell, transfer in its own name as beneficial owner or otherwise dispose off the said securities or such part as Geojit may desire, and appropriate the sale proceeds towards any amount due to Geojit from its Client. The shortfall left, if any, in the Client s account after such appropriation shall be made good by Client on demand by Geojit. 12. The Client confirms that all the said securities pledged are the absolute property of the Client at its sole disposal and are unencumbered. 13. The Client hereby agrees and undertakes to execute such other deeds or documents as may be required by Geojit to further protect the security created herein. 14. The Client also agrees that in the event of rematerialisation of shares with prior consent of Geojit, the Client shall place in Geojit s possession all the share certificates/debentures in original and the relevant transfer deeds duly signed by or on behalf of the Client under Geojit s absolute dispossession in such manner that such possession and dispossession may be apparent and indisputable. 15. The Client also hereby irrevocably declares and undertakes as follows: a) that the pledged securities are not attached by any government Authority/Court; b) that they are bound and governed by the Depositories Act 1996, SEBI(Depositories and Participants)Regulations 1996, Business rules and bye laws of Depositories and participants, amended from time to time and the relationship and all the transactions with Geojit relating to pledge of securities shall be governed by the aforesaid Act/Regulations/ Rules; c) That all such documents, transfer deeds, etc. as may be required by Geojit at any time during the existance of Trading facility will be executed without demur. 16 The Client hereby further agrees that terms and conditions of this Agreement shall remain operative and effective notwithstanding any provisions, covenants, obligations, directives, contained in these Agreement or other requests executed in favour of Depository Participant, which may conflict with/inconsistent with any of the terms herein. 17 The Client agrees that each one or any one of them is/are authorized and empowered by the remainder of them to admit and acknowledge the liabilities to Geojit by any payment to the accounts or by way of express writing in any 2 72
manner or otherwise and any such admission and acknowledgement of the liabilities by one or more of them shall be construed and deemed to have been made on behalf of each of them jointly and severally. 18. The Client shall execute a Power of Attorney executed in favour of Geojit, and Geojit shall be entitled to submit necessary documents on behalf of the Client to the DP for enabling the Depository to mark a pledge in favour of Geojit in respect of the Margin Securities and also submit further documents on behalf of the Client to request the Depository to remove / invoke the pledge created with in respect of the Margin Securities. Dated this the day of 20... Signature of the Client 3 (Full signature required) Signature of Geojit BNP Paribas Financial Services Ltd. In consideration of the facility extended by Geojit to the Client, we as joint demat account holders with the Client acknowledge and agree that we shall be deemed to a party to this Agreement as if we were a party to this Agreement and we shall be bound by the provisions of this Agreement including agreeing to provide pledge over the securities specified in the Schedule to this Agreement. We acknowledge and agree that the Client is authorized to act on our behalf for the aforesaid purpose and authorized to notify Geojit about the securities and pledge over such securities and any authorization and acts of the Client may be acted upon by Geojit as if given by us. We further acknowledge and agree that Geojit may act on the above said authorization and create pledge or lien as a security for the aforesaid facility granted to the Client and debit or credit our joint demat account while acting on the instructions of such Client. We shall indemnify Geojit for any costs, losses, expenses, penalties and outgoings including legal fees and expenses incurred or suffered by Geojit on account or arising out of or in relation to this Agreement. Demat Account No.: Name: (full signature required) Signature of the Joint Demat Account Holder Name: (full signature required) Signature of the Joint Demat Account Holder Name: (full signature required) Signature of the Joint Demat Account Holder Client s Witnesses: Geojit s Witness: Name & Address Name & Address Signature of the witness: Signature of the witness : 73
MANDATORY FOR NRI CLIENTS NRI UNDERTAKING To, Geojit BNP Paribas Financial Services Ltd. 5 th Floor, Finance Tower, Kochi, Kerala 682017 Sub: Submission of contract note to PIS Bank Dear Sir, I, Mr./Ms.........., aged......, S/D/W/ of..., residing at......hereby agree and undertakes as follows: 1. Whereas I have registered with M/s. Geojit BNP Paribas Financial Services Ltd, 5 th Floor, Finance Towers, Kaloor, Kochi 682 017 as an NRI client as per the agreement executed on To be able to trade on the Indian Stock Exchanges. 2. Whereas the Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI) have promulgated special rules and regulations applicable to NRIs who trade on Indian Stock Exchanges. I hereby agree and undertake the following : 3. I agree to submit the Contract notes to my Bank. Branch, within 24 hrs of said trades. 4. I understand and agree to abide by the SEBI/RBI rule that prohibits me from short-selling securities and netting of trades. 5. I understand and agree to abide by the RBI regulation which requires that my PIS bank account be fully pre-funded. I undertake to always ensure that my PIS bank account tied to my trading account will have clear credit balance to cover the combined value of the stock/s to be purchased brokerage and all applicable statutory charges before executing trades. 6. I undertake to abide by all other rules applicable to my trading in the Indian Stock Exchanges as an NRI, either existing or enjoined at a later date. 7. In the event of my committing a breach of any of the above described regulations, Geojit shall be at liberty to deactivate my trading account and I shall not raise any claim or dispute against Geojit BNP Paribas Financial Services Ltd., for the said action. Place:... Date:... RUNNING ACCOUNT AUTHORISATION 74 (Full signature required) (Full signature required) NON - MANDATORY In order to facilitate operations of my/our trading account opened, I /We would like to authorise Geojit BNP Paribas Financial Services Ltd (GBNPP) to maintain a running account, instead of settlement-to-settlement clearance of funds / securities due to me/us. I hereby authorize GBNPP to maintain a running account. I/We shall prefer settlement of fund/securities once in A calendar quarter or A calendar month (tick any one) Such settlement will be done by GBNPP on any day at its discretion in a calendar month or quarter as the case may be. Further I/we authorize GBNPP to maintain a sum of Rs.1000 at all point of time towards charges on my Demat account and on other services. I/We am/are aware that the authorization may be revoked by me/us any time at my/our own discretion without any advance notice. GBNPP may release the funds/securities to me/us on my/our on settlement date or on request or on revocation of authority, if sufficient margins in respect of my/our trading, across the Stock Exchange(s) and across the segment of the Stock Exchange(s) are available with GBNPP. Name of the Client... Trade code... Branch Name... Place... Date... (Name & Signature of the Client (Name & Signature of the Client/ Authorised Signatory)
To Geojit BNP Paribas Financial Services Limited 5th Floor, Finance Towers Kaloor, Kochi 682017, Kerala. TRADING - CLIENT AUTHORIZATION TO THIRD PARTY (Minor cannot be appointed) Non-mandatory I/We Indian Resident/NRI, aged years, S/o /D/o residing at being a client of Geojit BNP Paribas Financial Services Ltd with Trade Code do hereby nominate, appoint and authorize Mr./Mrs./Ms. aged years S/o / d/o residing at hereinafter referred to as Authorised Person whose signature is appended below, to act for me, as my attorney, in my name and on my behalf to do, execute and perform or caused to be done all or any of the acts or things as envisaged in the Agreements executed by me with Geojit BNP Paribas Financial Services Ltd and such things, hereinafter specifically mentioned. 1. To do transactions on my behalf in shares, securities, derivative contract and all other Products and/or services offered by Geojit. 2. To present cheques to meet the payment obligations arising out of the transactions done on my behalf and in my account. 3. To receive cheques on my behalf with regard to this. 4. To subscribe / unsubscribe to the Products and/or services introduced or offered by Geojit from time to time. I request Geojit to act on the instructions of the Authorised Person. I agree, and undertake that Geojit shall not be held responsible / liable for actions / inactions arising out of the said instructions. I shall indemnify Geojit for any costs, losses, expenses, penalties and outgoings including legal fees and expenses incurred or suffered by Geojit due to such authorization. I agree and understand that Geojit does not have any means such as biometric passwords, etc. to confirm / authenticate the authorized person acting under this Authorization. I agree and confirm that the said authorization shall be cancelled or revoked only upon furnishing an advance written notice of 30 (thirty) days to Geojit which notice shall bear an acknowledgement of receipt by Geojit in writing specifically addressed to me. I hereby ratify and confirm and agree to ratify and confirm all acts, deeds or the trades done or cause to be done by the Authorised Person under this authority and shall be construed as acts, deeds or trades done by me. Name of the Authorized Person (Self Certified Proof of Identity of the Authorized person to be submitted alongwith the said Authorization) (Singature of authorised person) (Full signature required) Address of the authorised person : Landline number of authorised person : Mobile number of authorised person : Email ID of authorised person : PAN of the authorised person : Date of birth of the authorised person : DD MM YYYY Photo of the Authorized person Signature of the Authorized person across the photo Any one of the following documents may be submitted as Proof of Identity: Passport Copy Driving License Pan Copy Voter Identity Card Place: Name: 75 Date: Signature of the Client (full signature required)
NON - MANDATORY UNDERTAKING FROM CLIENTS ON THE F &O SEGMENT FOR AVAILING EXPOSURE AGAINST HOLDINGS I, Mr./Ms..... aged... S,D,W of...,residing at........ hereby undertakes as follows: 1. Whereas I have registered with Geojit BNP Paribas (GBNPP), as a client with client code 2. Whereas I have opted to avail exposure against holdings (of approved scrips as per GBNPP policy) in the F&O segment. I am aware and agree that trading in F&O involves daily settlement of MTM losses and a failure on my part to remit the same may result in the sale of the holdings by GBNPP. 3. I am also aware that the markets can be volatile as a result of which I may be called upon to pay additional margins by GBNPP. I understand and affirm that in the event of my failure to meet such enhanced margin requirements, within the time frame stipulated by GBNPP, it (GBNPP) can close out my positions and still if any outstanding amount are found payable to GBNPP the same shall be recovered by selling the said holdings from my DP Account. The timing and choice of shares and its price shall be at the discretion of GBNPP. 4. That in the event of the happening of the above, I shall not raise any claim or dispute against GBNPP. Place Date.. Name and Signature of Client (Full signature required) 76