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| 1.1 | The Client shall abide by all laws, by-laws, regulations, rules orders, directives prescribed by regulators relating to the operation of the trading account(s), and CDS account, and to the Client's trading activities with RHBIB and to all matters herein including without limitation to the Bursa Rules and the Recognized Exchange Rules and includes any additions, amendments or revisions that may from time to time be introduced and enforced. The Bursa Rules and Recognized Exchange Rules shall hereinafter be collectively referred to as "Exchange Rules". | |||
| 1.2 | The Client agrees to comply with all policies, procedures, guidelines, rules, directives and / or instructions of whatsoever nature presently and from time to time issued, given, made and / or established by RHBIB. | |||
| 1.3 | The Client shall at all times adhere to and comply with the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 ("AML") with respect to all transactions or matters whatsoever and howsoever arising whether directly or indirectly with RHBIB and in particular:- | |||
| (a) | shall disclose to RHBIB the particulars of the ultimate beneficial owner of the account in the event the Client is not the ultimate owner of the trading account(s), and / or Central Depository System ("CDS") account (collectively referred to as the "Account(s)"); and | |||
| (b) | shall provide RHBIB with all relevant information and documents, as and when requested, for purposes of identification and verifications of the identity of the Client and verification of the source of funds under the "Know Your Client" principles. | |||
| 1.4 | Further, RHBIB shall when requested by Bursa Securities, Securities Commission and / or other relevant authorities, require the Client to disclose and the Client shall be bound to disclose, information and documents in relation to any dealing in securities in respect of the Client's trading account(s) including but not limited to information on whether or not any dealing in the above account is carried out on another person's behalf and in such instance, the name of, and particulars sufficient to identify the person from whom, through whom and on whose behalf the securities are dealt with by the Client. If that person is not the beneficial owner(s) of the securities, the Client shall also be required to procure the particulars of the beneficial owner(s) of the securities. | |||
| 1.5 | In compliance with the applicable laws or regulations in force RHBIB may at its sole and absolute discretion:- | |||
| (a) | refrain from acting until such information as required is furnished by the Client to RHBIB; | |||
| (b) | verify such information received from the Client to its satisfaction; and | |||
| (c) | refrain from doing anything as a result of such information;
which would or might in RHBIB's opinion, be contrary to any relevant law or regulation and may do anything which is in its opinion necessary to ensure compliance with such law or regulation. RHBIB shall not be liable for any losses or consequences of whatsoever nature arising from or due to events described in this clause. |
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| 1.6 | The Client may not be allowed to trade if the trading account(s) has any restriction imposed by RHBIB or by any relevant authority including a cash up-front restriction. RHBIB may at its absolute discretion require the Client to provide cash or equity or both as a deposit before executing any transaction. The Client authorises RHBIB to distribute and / or apportion its trading limit for trading transaction(s) in local securities and foreign securities at the absolute discretion of RHBIB. | |||
| 1.7 | RHBIB shall have the right in its sole discretion to refuse to act upon any particular instruction given by or on behalf of the Client (other than closing out existing open positions held on behalf of the Client) under the Client's trading account(s) without having to assign any reasons whatsoever. If at the request of the Client, RHBIB transacts any business in a name other than of that Client, the Client accepts full liability in respect of all such transactions. | |||
| 1.8 | The relationship between the Client and RHBIB as Client and investment bank respectively and all transactions effected by RHBIB in pursuance thereto, shall be governed by Malaysian law. The Client agrees to submit to the non-exclusive jurisdiction of the courts of Malaysia. | |||
| 1.9 | Any order/trading instruction given by unauthorized person is STRICTLY PROHIBITED. | |||
| 2.1 | As investment in securities involves risk, the Client agrees that RHBIB shall have the right at any time at its absolute discretion to limit any purchase or sales ordered by the Client. The Client agrees that RHBIB has the right to impose any security or deposit requirement on the Client to secure the purchase of any securities deemed as high risk by RHBIB at the absolute discretion of RHBIB. | |||
| 2.2 | RHBIB shall not be obliged to place any surplus funds on interest-bearing time deposits, or to pay interest to the surplus funds in the trading account(s). | |||
| 2.3 | RHBIB may at its absolute discretion to terminate the agreement and / or trading account(s) without notice for any reason whatsoever. Termination will not affect accrued rights, existing commitments or any contractual provision intended to survive termination. If, on termination, any sum is, or may become, due from the Client to RHBIB, the Client shall pay such sum to RHBIB immediately, and without demand. RHBIB is not liable to the Client for any claims or losses which may be suffered by the Client arising out of such termination. | |||
| 2.4 | In the event of failure of the Client to settle or deliver the securities to RHBIB within the required time-frame pursuant to Exchange Rules, the Client authorises RHBIB at its absolute discretion to carry out such "selling-out" or "buying-in" of securities to clear the Client's position with RHBIB. | |||
| 2.5 | RHBIB reserves the right to appoint a Dealer's Representative ("DR") or replace any DR that has been earlier nominated by the Client with or without notice to the Client. | |||
| 2.6 | The Client agrees (i) that this Client's Account together with all the Client's other accounts with another DR in RHBIB will be linked to one CDS Account; (ii) in respect of contra transactions, the Client shall only conduct sale transactions through the same DR from whom the Client purchased the shares; (iii) in the event the Client fails to abide by the restriction on the contra transaction, RHBIB reserves the right to impose a service charge for the contra transaction amounting to 1% on the value of the sales transaction or such other amount as may be determined by RHBIB from time to time to be deducted from the sales proceeds. Any shortfall between the purchase costs and sales proceeds shall be a debt due to RHBIB; (iv) that any payment made or payable shall be automatically utilised to settle the contra loss or any other debit balance incurred under the account into which the payment was made to and any other debit balances in relation to the Client's multiple trading account(s) opened with RHBIB in any manner RHBIB deems fit; (v) any sales proceeds, contra gains or any sum standing to the credit of any of the Client's Account(s) may be utilised to set-off any amount due and outstanding under any of the Client's Account(s) maintained by the Client with RHBIB in any manner RHBIB deems fit; (vi) in the event that the Client shall have an outstanding debt due to RHBIB in any of the Client's Account(s), the Client's Account may be suspended from trading and all related multiple trading account(s) may also be suspended automatically. | |||
| 3.1 | All contract notes, statements of account and other documents relating to the trading account(s) of the Client ("Documents") may be sent by RHBIB to the Client by any of the following modes: | |||
| a. | By ordinary post, addressed to the Client at the Client's last known address. | |||
| b. | By electronic means to the e-mail address provided by the Client as appearing in RHBIB's records. | |||
| c. | By posting the Documents on RHBIB's website. | |||
| Notwithstanding anything stated herein, all such Documents sent to the Client shall be deemed to have been received by the Client (a) in the case of ordinary post, within two (2) days of the date of posting and (b) in the case of electronic mail and posting on RHBIB's website, within twenty four (24) hours from the time the electronic mail is sent or posted. The Client shall be deemed to have accepted the accuracy of any Documents sent / posted by electronic means to the Client if no dispute is raised by the Client thereon within twenty four (24) hours following the expiry of the aforesaid two (2) days (where sent by ordinary mail) or twenty four (24) hours (where sent by email or posting on website), as the case may be. | ||||
| 3.2 | If the Client chooses electronic means as one of the modes of delivering or assessing the Documents from RHBIB's website, the Client hereby accepts and assumes the inherent risks in RHBIB issuing, delivering or posting the Documents to the Client via the electronic means including risk of delays. In the event of RHBIB's system failure, the Client further authorises RHBIB to issue and deliver the Documents to the Client by ordinary post or by way of facsimile at the number provided. The Client further agrees that the instructions for the e-mail address(es) (and if applicable, the facsimile number) provided shall remain valid until written instructions are given by the Client and received by RHBIB for revocation and / or amendment of the said instructions, as the case may be. | |||
| 3.3 | RHBIB shall be entitled to vary, revise or amend the provisions of the General Terms & Conditions herein at any time with or without notice to the Client. The Client is deemed to have been notified of such variation, upon such variation being made available on the website(s) of RHBIB or being made available at the principal office or respective branches of RHBIB and the Client is deemed to have accepted such variation, revision, amendment and / or modification in the event the Client continues to trade in the trading account(s). The relevant provision of this General Terms and Conditions shall thereafter be deemed to have been varied, revised, amended and / or modified accordingly and shall be read and construed as if such variations, revisions, amendments and / or modification had been incorporated in and formed part of the General Terms and Conditions. | |||
| 4.1 | The Client shall pay to RHBIB all brokerages, interests and charges relating to transactions for the Account(s) of the Client which RHBIB may charge from time to time, including legal fees incurred by RHBIB on a solicitor and Client basis in the enforcement of any of the Client's obligations and liabilities therewith. RHBIB is entitled to revise the brokerage fees, interests and charges at its sole discretion from time to time with or without notice to the Client. | |||
| 4.2 | Cheque(s) / banker's draft(s) issued in payment must be made payable to "RHB INVESTMENT BANK BERHAD". RHBIB will not be held responsible where the Client issues payment which are made payable to a third party's name. | |||
| 4.3 | In making payments in the form of cheque or banker's draft, the Client shall state clearly on the reverse side of the cheque / banker's draft the Client's name, Account(s) number and nature of the payment, e.g. contract number, quantity and name of the securities, contra loss reference and such particulars as may be necessary to allow RHBIB to identify the purpose for which the payment is made. RHBIB shall not be held liable for any cheque(s) / draft(s) that may be lost, misplaced or misappropriated if such cheque(s), draft(s) had been given by the Client to any person other than a duly authorised personnel or agent of RHBIB. | |||
| 4.4 | In making payments by way of telegraphic transfer or by way of direct deposit of monies into the bank account of RHBIB, it shall be the responsibility of the Client to ensure that adequate and timely notice is given to RHBIB regarding the effecting of such payment and such notification shall include the telegraphic transfer confirmation slip, the bank-in slip, the Client's name, Account(s) number and nature of payment, e.g. contract number, quantity and name of securities, contra loss reference and such particulars as may be necessary to allow RHBIB to identify the purpose for which the payment is made. RHBIB shall not be held liable for any payment effected by way of telegraphic transfer or direct deposit monies into the bank account of RHBIB that may be erroneously credited into a third party's account or unaccounted for by reason of insufficient or untimely information provided by the Client as required above. | |||
| 4.5 | In the event the Client fails to provide adequate and clear particulars with regard to the nature and purpose of any of its payment referred to in Clause 4.3 and Clause 4.4, RHBIB shall be absolutely entitled to apply the payment(s) in such manner as RHBIB may in its absolute discretion deem fit. | |||
| 4.6 | RHBIB's statement to the Client as to the amount due and payable to RHBIB shall save for manifest error, be conclusive evidence that such amount is in fact due and payable from the Client to RHBIB. | |||
| 4.7 | RHBIB shall at all times have a general and continuing lien over all or any of the securities and monies in its custody to secure the payment of all monies due and payable under these General Terms and Conditions. The Client authorises RHBIB to deal, in any manner whatsoever as RHBIB shall deem fit, with all or any of the securities and monies in the relevant Account(s) including without limitation withholding or rejecting the transfer of securities for or under the relevant Account(s) for which the Client has remitted payment until cleared funds have been received by RHBIB. The Client shall not be entitled to withdraw any monies or securities held by RHBIB pending the payment in full of any indebtedness of the Client to RHBIB. | |||
| 4.8 | RHBIB may set off or transfer any sum or deposit standing to the credit of any other bank accounts of the Client with other entities within RHB Banking Group (including RHB Bank Berhad and RHB Islamic Bank Berhad) in or towards satisfaction of any of the Client's liabilities to RHBIB under these General Terms and Conditions. | |||
| 4.9 | For cash/cheque/Demand Draft/ Cashier's Order deposits or funds transmitted via Telegraphic Transfers into RHBIB's bank account(s), as at when required by RHBIB, photocopy or image of the cheque(s) or the application form for the remittance(s) is/are to be submitted together with the bank-in slip of any transaction RM50,000.00 and above or such other amount as maybe determined by RHBIB at its sole discretion for verification purposes. | |||
| 4.10 | Third party depositor is extended to only immediate family members (spouse, parents, siblings and children, i.e. supported by marriage certificate/birth certificate and/or other supporting documents to indicate their relationship). For corporate account, it is only applicable to subsidiary/company within the same group. | |||
| 4.11 | Splitting of Clients' payments and crediting into more than one Client accounts are strictly prohibited. | |||
| 4.12 | RHBIB shall not be held liable for any losses or damages arising from reversal of payment from unauthorised third party account. | |||
| 5.1 | RHBIB shall accept no responsibility for the decision of the Client to issue any instructions to RHBIB to purchase or sell securities. All instructions from the Client are accepted by RHBIB on the basis that they constitute the Client's own judgment arrived at independently. Where the Client's Account with RHBIB shows a debit balance, RHBIB shall be entitled at its absolute discretion to do any of the following in order to set-off the debit balance in the Client's Account:- | |||
| (a) | sell-off the Client's securities it may hold in its nominee's custody or securities held in the Client's CDS account at any price that RHBIB deems fit and apply the proceeds thereof towards reducing the Client's liabilities; | |||
| (b) | utilize the proceeds of any sale of securities made pursuant to the Client's instruction whether such securities are held in its or its nominee's custody or in the Client's CDS account or otherwise; | |||
| (c) | utilize part or all of any monies paid into the Client's trading account(s) pursuant to Section 111 of the Capital Markets and Services Act 2007 (and as amended from time to time); | |||
| (d) | consolidate the trading account(s) held in the Client's name with RHBIB. The Client agrees and gives consent for RHBIB to use, set-off, apply any part or all the monies in the trading account(s) and / or sell part or all securities held in the Client's CDS Account maintained with RHBIB and apply the said monies and / or proceeds of sale of such securities towards settlement of outstanding contra loss or any other dues that are outstanding in the Client's Account(s) so consolidated; | |||
| (e) | in addition to the rights above, the Client agrees that RHBIB may restrict, refuse or withhold the Client's request for transfer of any securities (including paid shares) from the Client's CDS account in the event of a debit balance in the Client's trading account(s). | |||
| 5.2 | In relation to any fixed deposits / stocks / shares / securities / properties pledged by the Client to RHBIB as collateral ("Pledged Securities"), the Client hereby authorises RHBIB to sell or dispose the whole or part of the Pledged Securities at any time without notice to the Client and utilize the proceeds to offset and discharge the Client liabilities and obligations with RHBIB whether in relation to the Pledged Securities or otherwise. The Client further agrees that RHBIB shall not be liable for any losses or damages of whatsoever nature and howsoever arising from the exercise of RHBIB's discretion. | |||
| 5.3 | RHBIB always reserved the right to debit Client's trading account without having or to get the Client's prior consent by comply with CMSA sections 113(1) and 118(3). | |||
| 6.1 |
CONTRA GUIDELINES FOR TRADING OF SECURITIES LISTED ON BURSA SECURITIES
Settlement by way of "contra" for outstanding purchase positions against outstanding sales positions of the same securities done on Ready Basis may be allowed at the sole discretion of RHBIB, subject to the following terms and conditions ("T&Cs"):- |
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| (a) | settlement by way of contra in respect of any purchase contract(s) may only be effected not later than 2.00 pm on the 2nd market day following the contract date as prescribed by Bursa Securities, hereinafter known as "Due Date". Any sales transacted up to the Due Date for the outstanding purchases will be auto-contra on a first-in, first-out ("FIFO") basis or such other basis as may be determined by RHBIB. Clients who subscribe for other trading facilities are bound by the contra sequence and / or settlement period specific to the trading facilities which may be varied from time to time at the absolute discretion of RHBIB. | |||
| (b) | for purchase positions on Ready Basis contract(s) that remain unsettled after the Due Date (refer to as "Overdue Purchase Contract(s)"), RHBIB will have full discretion to close off and / or force sell on the next market day without seeking prior consent from the Client. RHBIB shall charge interest at its prevailing interest rate(ii) on the Overdue Purchase Contract(s) or the relevant holding charge on the contra incurred pursuant to the close off and / or force sell thereof. | |||
| (c) | RHBIB reserves the right to withhold payment of contra gains should the Client have any unsettled purchase contract or contra losses. Further, RHBIB reserves the right to utilize any of the contra gain to settle any outstanding contra losses and interest accrued thereon. | |||
| (d) | all contra losses must be settled promptly. For any contra losses unsettled by the fifth (5th) market day(i) following the date of contra, interest at RHBIB's prevailing rate(ii) + penalty interest will start to accrue. On the other hand, any resulting contra gains will be paid not later than the 5th Market Day following the date of contra and / or within such period as prescribed by Bursa Securities. | |||
| (e) | in addition to the transaction costs (brokerage, stamp duty, clearing fees), RHBIB reserves the right to impose any other charges at any time and in any manner as may be determined by RHBIB. | |||
| (f) | RHBIB reserves the right to vary the above T&Cs where necessary from time to time as it deems fit. | |||
| 6.2 |
CONTRA GUIDELINES FOR TRADING OF SECURITIES LISTED ON RECOGNIZED EXCHANGES (iii)
Settlement by way of "contra" for outstanding purchase positions against outstanding sales positions of the same securities for securities transacted on Recognized Exchanges(iii) may be allowed at the sole discretion of RHBIB, subject to the following T&Cs:- |
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| (a) | settlement by way of contra in respect of any purchase contract from any of the Recognized Exchanges may only be effected not later than the stipulated time on the settlement due date of the purchase contract, hereinafter known as "Due Date". Any sales transacted up to the Due Date for the outstanding purchases will be auto-contra on FIFO basis or such other basis as may be determined by RHBIB. | |||
| (b) | for purchase positions on Ready Basis contract(s) that remain unsettled after the Due Date (refer to as "Overdue Purchase Contract(s)"), RHBIB will have full discretion to close off and / or force sell on the next market day without seeking prior consent from the Client. RHBIB shall charge interest at its prevailing interest rate(ii) on the Overdue Purchase Contract(s) or the relevant holding charge on the contra incurred pursuant to the close off and / or force sell thereof. | |||
| (c) | the Client is not allowed to carry out selling of purchase contract(s) after the Due Date which may result in an oversold position where the Client is fully responsible. | |||
| (d) | losses arising from selling / force selling of outstanding purchase in a foreign currency denominated contract will be reflected in the same foreign currency until C+5 (five market days following the date of contra) or such other time as may be determined by RHBIB where it will be converted to Ringgit Malaysia using RHBIB's prevailing foreign exchange rate. | |||
| (e) | RHBIB reserves the right to withhold payment of contra gains should the Client have any unclear purchase contract or contra loss. Further, RHBIB reserves the right to utilise any of the contra gain to settle any outstanding contra losses and interest accrued thereon. | |||
| (f) | all contra losses must be settled promptly otherwise for any contra losses unsettled by the fifth (5th) market day(i) following the date of contra, interest at RHBIB's prevailing rate(ii) + penalty interest will start to accrue. Any resulting contra gains will be paid not later than the 5th Market Day following the date of contra. | |||
| (g) | in addition to the transaction costs (brokerage, stamp duty, clearing fee), RHBIB reserves the right to impose any other charges at any time and in any manner as may be determined by RHBIB. | |||
| (h) | RHBIB reserves the right to vary the above T&Cs where necessary from time to time as it deems fit. | |||
| Note | ||||
| (i) | or such other market day as may be determined by RHBIB at its absolute discretion | |||
| (ii) | or such other rates as may be determined by RHBIB at its absolute discretion | |||
| (iii) | Recognized Exchanges shall mean: | |||
| (a) a body corporate which has been approved by the Minister under Section 8(2) of the Capital Markets and Services Act 2007. | ||||
| (b) a foreign stock exchange declared by the Bursa Securities to be a recognized exchange and in which RHBIB is providing trading facility. Please contact your DR should you require any clarification to the above. | ||||
| 7.1 | In order for RHBIB to discharge its functions under this General Terms and Conditions or pursuant to the relevant laws or regulations, the Client hereby acknowledges that RHBIB may engage service providers or such other persons via an outsourcing arrangement or any other arrangements to provide services to RHBIB (including mailing services, information technology services, data processing, statistical and risk analysis and other services determined from time to time). The Client hereby acknowledges that in the course of providing the services to RHBIB, such service providers or such other persons may have access to certain information and documents relating to the Client's securities and trading account(s), and thereby, the Client agrees that such disclosure of information and documents is permissible. | |||
| 7.2 | In addition to the above, the Client hereby expressly authorises and permits RHBIB and its officers to divulge, reveal or disclose any information relating to the Client's Account to: | |||
| (a) | any assignee or transferee or prospective assignees or transferees of RHBIB's credit facilities, business and undertaking of such part thereof; | |||
| (b) | any person with whom RHBIB may enter into (or may potentially enter into) any participation or sub-participation in relation to any transaction or service hereunder; | |||
| (c) | any person or entity participating in the merger / acquisition or proposed merger / acquisition of RHBIB or its holding company with / by another company; and | |||
| (d) | any other person at any time: | |||
| (i) | which RHBIB or any officer in good faith considers appropriate for any purpose in connection with these terms and conditions; or | |||
| (ii) | where such particulars of the Client's Account was inadvertently divulged, revealed or disclosed to / or accessed by such persons through no willful default of RHBIB or its officers. | |||
| A default shall be deemed to take place on the occurrence of any of the following: | ||||
| 8.1 | The Client breaches any of the terms herein. | |||
| 8.2 | The Client becomes bankrupt, dies or becomes insane or of unsound mind or becomes incapacitated in any other way, commits an act of bankruptcy or suffers any petition or passes any resolution for winding up or enters into receivership or enters into any composition or arrangement with or for the benefit of its creditors. | |||
| 8.3 | Any claim, action or proceeding of any nature is commenced against the Client by any party or steps are taken by any person to enforce any security against the Client. | |||
| 8.4 | Any representations or warranties made by the Client becoming incorrect or untrue. | |||
| 8.5 | RHBIB forms an opinion that it should take action in order to preserve its rights or interests under any of the Accounts with RHBIB. | |||
| 8.6 | If there is a change in applicable law or regulation that makes it unlawful for RHBIB to continue with allowing the Client to execute the transaction in securities. | |||
| 8.7 | If RHBIB forms a view and in good faith that it should take action in order to preserve its rights or interests under any of the Client's Account(s). | |||
| In the event of occurrence of an event of default (without prejudice to any of RHBIB's rights under these General Terms and Conditions or otherwise at law) RHBIB may but not obliged to exercise the following: | ||||
| 9.1 | Suspend the trading account(s), the duration of which is at the sole discretion of RHBIB or terminate the trading account(s) immediately; | |||
| 9.2 | Close out any outstanding transactions at the prevailing market price or at such other price deems fit by RHBIB; and / or | |||
| 9.3 | Sell-off the Client's pledged securities it may hold in its nominee's custody or securities held in the Client's CDS account including the free/paid securities at any price that RHBIB deems fit and apply the proceeds thereof towards reducing the Client's liabilities. | |||
| 10.1 | RHBIB may suspend and/or close the Client's account without any reasons and /or without prior notification to the Client. RHBIB shall exercise the rights under Clause 9.2 and Clause 9.3 above. | |||
| 10.2 | The Client may terminate the agreement by giving seven (7) days written notice to RHBIB. Termination by the Client shall take effect once the written notice has been received by the relevant officer of RHBIB. | |||
| 10.3 | Termination will not affect any outstanding rights or obligations that may already have arisen between RHBIB and the Client in accordance with these terms and conditions and / or other terms and conditions relevant to the trading account(s). | |||
| 10.4 | The Client's trading account(s) will be closed upon the settlement of all outstanding positions and liabilities or at such time deems as appropriate by RHBIB. | |||
| 11.1 | The Client acknowledges and fully understands that (a) any information, data or recommendations (collectively known as the "Information") provided by RHBIB to the Client do not constitute tax or legal advice; (b) reliance on the Information does not give rise to any claim of any kind against any person (c) RHBIB does not endorse the Information, recommend any investment or offer any advice regarding any securities, transaction or investment strategy; (d) the Client is solely responsible for evaluating the merits associated with the investment and agrees to seek appropriate and independent advice from a person who is qualified to give such advice; (e) all decisions and / or orders made through RHBIB are at the Client's sole risk. | |||
| 11.2 | The Client shall not hold RHBIB and / or any of its officers, employees, agents or representatives responsible or liable, and shall further indemnify RHBIB, for whatever losses incurred as a result of the acts, representations and / or omissions of the DR assigned to the Client in carrying out his or her duties in connection with the Account. | |||
| 11.3 | RHBIB shall not be liable for any claims, demands, losses, penalties, liabilities, costs, actions and / or expenses suffered and / or incurred by the Client arising from and / or in connection with causes not within RHBIB's control including a force majeure event or the breach, failure or omission of the foreign broker / agent / custodian appointed on behalf of the Client. | |||
| 11.4 | The Client undertakes to further indemnify RHBIB for any losses, costs (includes legal costs), claims, liabilities or expenses arising out of or connected with any (i) transaction or instruction that may be carried out by RHBIB on behalf of the Client having to act on the Client's instructions or at the Client's request, (ii) breach by the Client of its obligations, including but not limited to any costs reasonably and necessarily incurred by RHBIB in buying-in or selling-off, or collecting any debts due to RHBIB or in connection with the closure of the trading account(s), and (iii) breach, failure or omission of the foreign broker / agent / custodian appointed on behalf of the Client. This obligation to indemnify RHBIB survives the termination of these General Terms and Conditions. | |||
| 12.1 | RHBIB may assign any or all of its rights hereunder or under any Account(s) to any assigns and successors legally appointed. The Client may not assign its right hereunder or under any Account(s) without the express written consent of RHBIB. | |||
| 12.2 | The Client may not assign, charge or encumber the Account or create or permit to create in favour of any person (other than RHBIB) any interest in any of the Accounts (by way of trust or otherwise) without RHBIB's prior written consent. | |||
| 12.3 | The General Terms and Conditions herein shall be binding upon the successor-in-title and permitted assigns of the parties hereto. | |||
| 13.1 | All references to RHB Investment Bank Berhad or RHB Investment Bank and RHBIB shall also include its branch(es) and representative offices. | |||
| 13.2 | If any provision of these General Terms and Conditions is rendered invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and these General Terms and Conditions shall be construed as if such invalid, illegal or unenforceable provision had never been herein provided for, or these General Terms and Conditions shall be construed with provisions which come closest to expressing the intention of the invalid, illegal or unenforceable provision. | |||
| 13.3 | In the event of any discrepancy, inconsistency, conflict or ambiguity between the English and the Bahasa Malaysia versions of the General Terms and Conditions, the English version shall prevail. | |||
| 14.1 | The foregoing General Terms & Conditions governing the Client's trading on Bursa Securities shall also apply to the Client's trading in securities listed on the ACE Market. | |||
| 14.2 | The Client understands and accepts the following matters with regard to investment in securities listed on the ACE Market:- | |||
| (a) | Investment in any securities of any corporation admitted to the ACE Market of Bursa Securities ("Listed Company") may result in higher risks owing to the profile of the Listed Company; | |||
| (b) |
This brief statement cannot disclose all risks associated with trading on securities listed on the ACE Market and the Client should consult RHBIB on any queries. In the event of any discrepancy, inconsistency, conflicting or ambiguity between the English and the Bahasa Malaysia versions of the General Terms and Conditions, the English version shall prevail. |
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| 15.1 | Without prejudice to any other provisions herein, the Client hereby irrevocably and unconditionally, agrees, consents, directs and authorizes RHBIB to place or invest the available funds at any time and from to time to time in an interest bearing account with any licensed institution as defined under the CMSA. | |||
| 15.2 | In relation to clause 15.1 above, when RHBIB invests all or part of the available funds in an interest bearing account with a licensed institution, the Client further agrees and authorizes the following :- | |||
| (a) | RHBIB shall be solely entitled to any interest earned on the net available sum of monies remaining in the Client's trust account; | |||
| (b) | RHBIB shall at its absolute discretion determine the amount of interest repayment and/or the rate at which such interest repayment is computed to be repaid to the Client; | |||
| (c) | RHBIB shall make repayment of such interest only if the Client maintains a minimum balance or any other amount as notified and determined by RHBIB in its sole and absolute discretion from time to time as the case may be; and | |||
| (d) | Where RHBIB makes such interest repayment to the Client, the interest amount and/or the rate of computation for such interest amount shall be disclosed to the Client and the interest shall be calculated on a daily basis at the end of each day and credited into the Client's trust account at the end of each calendar month. | |||
| 15.3 | Client agrees that any monies received from or held on Client behalf for the purpose of trading are treated as Client's monies and shall be dealt with in accordance with Bursa Securities Rules. Unless a contrary intention is expressed in writing, Client hereby authorises RHBIB at its sole discretion to place such Client's monies in the interest bearing account or deposits with any licensed financial institution as it deems fit; subject to RHBIB's rights, RHBIB will pay over profit received from such institution (if any) but is not otherwise required to account for profit on the Client's monies. | |||
| 1.1 | The Client agrees to be bound by any affirmation, assent or agreement transmitted by the Client through the Services (defined as the Internet Services under clause 2.1 below and Mobile Services under clause 2.2 below) accessed by computer, including but not limited to any consent given by the Client to receive communications from RHBIB solely through electronic transmission. | |||
| 1.2 | The Client also agrees to abide by any rules, procedures, standards, requirements or conditions established by RHBIB regarding the use of the Services or electronic communication facilities that RHBIB makes available. | |||
| 1.3 | By confirming on the given filed in the online trading platform, the Client confirms his or her understanding, acceptance and receipt of the Services and these terms and conditions, acknowledges and demonstrates that he can access the Services and other HTML disclosures and regulatory materials on RHBIB's websites. | |||
| 1.4 | The Client agrees that, when presently and in the future the Client clicks on an "I Accept", "I Consent" or other similarly worded "button" or entry field with his or her mouse, keystroke or other computer device, the Client's agreement or consent will be legally binding and enforceable and the legal equivalent of the Client's hand-written signature. | |||
| 1.5 | RHBIB shall maintain the Client's information in confidence and may only disclose such information to its immediate legal and financial advisers and auditors as may be required in the ordinary course of its business or when required by a relevant authority, provided however, that RHBIB may use and disclose the information where such information is aggregated with other data which does not reveal Client-specific data. | |||
| 2.1 | INTERNET SERVICES | |||
| (a) | Upon subscription by the Client, RHBIB shall provide to the Client the online trading services via RHBIB online trading platform as determined by RHBIB from time to time ("Internet Services"). | |||
| (b) | RHBIB may from time to time vary the scope of the Internet Services mentioned above without giving any notice thereof to the Client. The Client hereby agrees that his or her continued use of the Internet Services following the variation of scope of services constitutes his or her agreement to such variation or modification. | |||
| (c) | The Client shall utilize the Internet Services by means of any or all of the following media:- | |||
| (i) | Modem-equipped terminal or personal computer; | |||
| (ii) | Touch screen terminals; | |||
| (iii) | Any other medium of communication that RHBIB may, in its absolute discretion, adapt or introduce for the Client's use from time to time; | |||
| (iv) | Any other medium of electronic communication used by the Client and agreed to by RHBIB. | |||
| 2.2 | MOBILE SERVICES | |||
| (a) | Apart from the Internet Services, RHBIB shall also provide to the Client the facilities in relation to Bursa equities via Mobile telephony device(s) ("Mobile Services") upon subscription by the Client. | |||
| (b) | RHBIB may from time to time vary the scope of the Mobile Services mentioned above without giving any notice thereof to the Client. The Client hereby agrees that his or her continued use of the Mobile Services following the variation of scope of services constitutes his or her agreement to such variation or modification. | |||
| (c) | RHBIB may change or discontinue any aspect or feature of the Mobile Services at any time, including but not limited to features such as content, hours of availability, access type, level and marketing promotions. RHBIB reserves the right to vary, limit, suspend or terminate the Client's access or use of the Mobile Services at any time, with or without notice. The Client further agrees and acknowledges that whilst the Mobile Services is currently provided at no cost to the Client, RHBIB reserves its right to charge a subscription for providing the Mobile Services at any time. | |||
| 3.1 | RHBIB is hereby irrevocably authorised to act on all instructions of the Client received by RHBIB through the Services and the Client shall be liable and indemnify RHBIB for such instructions. | |||
| 3.2 | The Client acknowledges that all instructions of the Client received by RHBIB through the Services (whether authorised by the Client or not) are irrevocable and binding on the Client upon transmission of the instructions through the Services and RHBIB shall be entitled to effect, perform or process such instructions without your further consent and without any further reference or notice to the Client. | |||
| 3.3 | The Client further acknowledges that RHBIB shall be under no obligation to investigate the authenticity or authority of persons effecting the instructions and RHBIB may treat the instruction as valid and binding on the Client notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in the terms of such instructions. | |||
| 3.4 | Where the Client chooses to subscribe to the market data or any information of the relevant foreign stock exchange as part of the Internet Services through RHBIB, the Client agrees to adhere and consent to the terms and conditions applicable to, and / or imposed by, the respective foreign stock exchanges. | |||
| 4.1 | The Client expressly agrees that the Services are provided on an "as is" basis. RHBIB does not represent, warrant (whether express or implied) or guarantee the accuracy, completeness, timeliness or correct sequencing of the Services and any information provided thereunder and the Client acknowledges that there may be delays (particularly as delays may be caused due to the inherent hazards of electronic and / or mobile distribution), omissions or inaccuracies in relation thereto which is beyond RHBIB's control. | |||
| 4.2 | The information made available to the Client from the Services is provided solely on the basis that the Client will be responsible for making his or her own assessment of such information obtained via the Services and the Client is advised to verify all relevant information and obtain independent legal advice before acting on any information contained in the Services or in RHBIB websites. RHBIB shall not be responsible for any decision made or action taken by the Client in reliance upon the Services and anything provided thereunder. | |||
| 4.3 | The Client acknowledges that whilst certain information provided through the Services has been independently obtained by RHBIB through sources RHBIB believes to be reliable, the Client agrees that such information has been provided for his or her convenience only and are not to be taken in substitution for the exercise of care, due diligence and judgment on the Client's part. In particular RHBIB accepts no liability whatsoever for any direct or consequential losses arising from the use of information provided by the Services. | |||
| 4.4 | In providing the Services to the Client, all warranties and obligations implied by the law are hereby excluded to the fullest extent permitted by the law. | |||
| 5.1 | The Client hereby agrees as follows:- | |||
| (a) | RHBIB shall not be liable to the Client or any party having access to the Services for any claims, demands, losses, penalties, liabilities, costs, actions and / or expenses suffered and / or incurred by the Client or the other party in connection with and / or arising from these terms and conditions or the use of the Services, including without limitation any liability with regard to the content and any action resulting from participation in any discussion forum provided under the Services or from the Client's use of any communication by electronic means when communicating with RHBIB or other third parties, even if RHBIB had been advised of the possibility of such claims, demands, losses, penalties, liabilities, costs, actions and / or expenses. | |||
| (b) | RHBIB shall not be liable for any claims, demands, losses, penalties, liabilities, costs, actions and / or expenses suffered and / or incurred by the Client arising from and / or in connection with (i) causes not within RHBIB's control (including but not limited to interruptions due to internet connectivity, communication, system and / or equipment failure, loss of power, unauthorised access, theft, strikes or other labour problems); (ii) any delay, interruption, connectivity or intermittent problem in any Services due to the telecommunications service providers and / or network locality and / or any upgrading, migration and / or introduction of new trading platform(s) which may be effected by RHBIB from time to time; (iii) any communication and / or system failure, delay, breakdown or other malfunctions howsoever occasioned by the system and / or server connection between RHBIB and Bursa Securities. | |||
| (c) | Any liability of RHBIB to the Client arising from and / or in connection with the Services that is not excluded by this Clause 5.1(a) and 5.1(b) and the above Clause 4 howsoever arising whether in tort, contract or otherwise will not exceed the relevant monthly service fee paid by the Client for the use of the Services hereunder. | |||
| 5.2 | MOBILE DEVICE LIABILITY | |||
| In relation to the Mobile Services: | ||||
| (a) | RHBIB disclaims any liability for any technical problems arising from the downloading of the Mobile Services application by the Client if it is done in a manner not in accordance with RHBIB's advice such as executing a download without first ensuring that the WAP facility in the mobile telephony device is activated. | |||
| (b) | RHBIB shall not be liable for any losses, distortion or corruption of data arising from the Client's mobile solutions and / or telecommunications provider(s) including but not limited to electromagnetic interference, equipment failure or congestion in the telecommunication systems. | |||
| (c) | RHBIB shall not be liable to the Client for any losses of profits arising from any malfunction, unauthorised use, cloning or defect in the mobile telephony device / SIM card or the loss of the mobile telephony device, SIM card or services or any part thereof for whatever reasons. | |||
| (d) | RHBIB shall not be liable in terms of any unavailability, inaccessibility and interrupted use of the Mobile Services as may be caused by the Client's mobile solutions provider. | |||
| The Client agrees that the Services and anything provided thereunder are the property of RHBIB or RHBIB's Sources, as the case may be. The Client agrees not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate, modify or commercially exploit the Services and anything provided thereunder in any manner whatsoever without the prior written consent of RHBIB nor use the Services and anything provided thereunder for any illegal purpose. | ||||
| 7.1 | The Client undertakes that it shall not, and shall not attempt to, tamper with, modify, decompile or otherwise alter in any way whatsoever the Services and anything provided thereunder. | |||
| 7.2 | The Client represents that the following statements are true and agrees that the Client: | |||
| (a) | is bound by these Specific T&Cs; | |||
| (b) | will use the Information and the Service solely in connection with the Client's investment activities and not in connection with any trade or business activities; | |||
| (c) | is not (including not being an owner, partner or associated person) a securities broker or dealer, investment adviser, futures commission agent, commodities dealer, commodity trading adviser, member of a securities exchange or association or futures exchange; | |||
| (d) | has full capacity and authority to accept and agree to these Specific T&Cs, to open, maintain and / or continue to maintain all Account(s) from time to time opened and / or maintained and / or continued to be maintained with RHBIB; | |||
| (e) | is fully understand and is aware of the process for submission of orders and the laws, rules, and / or regulations governing such submission(s) via various channels including but not limited to Direct Market Access (collectively "DMA"). | |||
| 7.3 | The Client agrees that RHBIB reserves the right: | |||
| (a) | to set limit and / or parameters and / or controls on the order, size, total exposure and / or types of contract that RHBIB considers appropriate in controlling the Client's access the DMA Service which may be amended or varied by RHBIB without notice and RHBIB shall have the right at any time to refuse the Client's order that does not fulfill the eligible criteria; | |||
| (b) | to remove or to reject any orders transmitted by the Client using the DMA Service at any time without notice as it deems fit and appropriate; | |||
| (c) | to discontinue accepting orders from Client using DMA Services at any time without notice. | |||
| 8.1 | The Client agrees that:- | |||
| (a) | the Services and anything provided thereunder shall not constitute or be construed as an offer, invitation or solicitation to buy or sell any securities; | |||
| (b) | all orders made by the Client through the Services and executed by RHBIB pursuant thereto are made at the Client's sole risk; | |||
| (c) | the Services shall be used solely for the Client's own purpose and shall not be extended for use by third parties; | |||
| (d) | the Client shall notify RHBIB not later that twenty-four (24) hours from the time the Client becomes aware of the existence of any of the following:- | |||
| (i) | any losses or theft of its user identification, password and / or account number; | |||
| (ii) | any unauthorised use of any of its user identification, password and / or account number; | |||
| (iii) | any unauthorised use of the Services or anything provided thereunder; | |||
| (iv) | any failure by the Client to receive a message through the Services that an order made by the Client through the Service has been received and / or executed; or | |||
| (v) | any receipt of confirmation of business done in relation to an order which the Client did not place, or any similarly inaccurate or conflicting report or information. | |||
| If the Client fails to notify RHBIB accordingly, the Client must accept full responsibility for any consequences of such failure to notify RHBIB and that any report, information, contract note or any other document from RHBIB will be deemed to be correct and accepted by the Client. | ||||
| 9.1 | The Client will be responsible for the confidentiality and for the use of the Client's user identification, password and account number. The Client accepts responsibility for all orders and other information entered through and under its user identification, password and account number and any orders and other information so received by RHBIB will be deemed to have been received from the Client. | |||
| 9.2 | Immediately after placing an order, the Client agrees to review the business done to ascertain that the said order was correctly received by the Services and that a transaction reference number has been issued. RHBIB does not guarantee that it cancels an earlier order. | |||
| As consideration for the Client's access and utilisation of the Services hereunder, the Client agrees to pay service fees to RHBIB at the sum as notified by RHBIB to the Client from time to time, within fourteen days from the date of RHBIB's invoice or any other specified date as may be determined by RHBIB. | ||||
| The Client agrees that RHBIB shall have a continuing security interest on the monies or securities in the Client's Account (s) with RHBIB to secure the timely payment of all sums owed by the Client to RHBIB hereunder and that RHBIB shall be at liberty to use or dispose such monies or securities in whatsoever manner to secure or satisfy the full payment of such overdue sums. | ||||
| The Client shall pay all taxes payable by it for the use of the Services, if any. | ||||
| 13.1 | The Client shall not be entitled to use the Services hereunder if there exists any restriction in the Client's Account(s) either imposed by RHBIB or by any lawful authorities, including but not limited to cash up-front restrictions. | |||
| 13.2 | RHBIB shall not be responsible for any failure by the Client to gain access to the Services arising out of any restrictions imposed on the Client's account. | |||
| 13.3 | Access to the Services may be limited or unavailable during periods of peak demands, market volatility, system upgrades, maintenance or for other reasons. If the Services are unavailable or delayed at any time, the Client agrees to use alternative means to place his or her orders such as calling the DR or visiting its office. RHBIB will not be liable to the Client if the Client is unable to access his or her account information or request a transaction through the Services for any of the said reasons. | |||
| 14.1 | RHBIB reserves the right to request the Client to place monies or securities as deposit prior to the execution of any transaction through the Services. It shall be in the absolute discretion of RHBIB to determine the amount of deposit payable and the time and manner for the placement of such deposit by the Client. | |||
| 14.2 | RHBIB shall not be held responsible or liable for any failure by the Client to gain access to the Services arising out of the Client's failure, refusal or delay to place such deposit. | |||
| The Client hereby agrees that it shall indemnify and keep RHBIB indemnified against any claims, demands, penalties, losses, liabilities, costs, actions and / or expenses (including but not limited to solicitor's fees) arising from and / or in connection with this agreement including the Client's access / use of the Services or out of the breach of the Client of the terms of this agreement. This obligation to indemnify RHBIB shall survive the termination of this agreement. | ||||
| 16.1 | RHBIB may at any time forthwith terminate this agreement without notice to the Client for any reason whatsoever and RHBIB shall not be liable to the Client for any claims, demands, penalties, losses, liabilities, costs, actions and / or expenses suffered and / or incurred by the Client out of such termination, save and except that RHBIB shall refund on a prorated basis any monthly service fee which has been paid to RHBIB by the Client in respect of the unexpired period. | |||
| 16.2 | The Client may terminate the provision of the Services by giving written notice to RHBIB whereupon RHBIB shall, within seven (7) market days from the date of receipt of the said notice, do all that is necessary to effect the said termination. | |||
| 17.1 | RHBIB shall not be liable or responsible for any claims, demands, penalties, losses, liabilities, costs, actions and / or expenses suffered and / or incurred by the Client arising from and / or in connection with any computer and / or mobile virus contracted by the Client's computer system and / or mobile telephony device, as the case may be, whilst accessing or utilizing the Services or downloading anything provided thereunder. | |||
| 17.2 | The Client shall forthwith notify RHBIB of any computer and / or mobile virus affecting the Client's computer and / or mobile telephone device. | |||
| 18.1 | These terms and conditions shall be read together with the General Terms and Conditions of the Application Form and with any other agreements signed between the Client and RHBIB including any Margin Agreement between the Client and RHBIB. | |||
| 18.2 | In the event of inconsistency between these terms and conditions and the General Terms and Conditions, these Specific T&Cs shall prevail in governing the online trading services. | |||
The following terms and conditions are specific to Conditional Trading. Client must also agree to RHB Investment Bank Berhad's Securities Trading General Terms and Conditions Agreement ("General Terms and Conditions of Trading") to be eligible for Conditional Trading and the following terms and conditions shall be read in line with the said General Terms and Conditions of Trading. In the event of a conflict between the General Terms and Conditions of Trading and this Agreement, the General Terms and Conditions of Trading shall take prevail.
| 1.1 | RHBIB accepts, administers and implements a Conditional Order Instruction, or a variation or cancellation of a Conditional Order Instruction, in accordance with these terms and conditions. | |||
| 1.2 | The Client agrees to be bound by these terms and conditions. | |||
| 1.3 | Definitions | |||
|
"Account" means your trading account (whether individual corporate or other entity or otherwise) opened and maintained by RHBIB.
"Affiliate" means, in relation to any person, a person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, such person. "Exchanges" means Bursa Malaysia Securities Berhad and all other relevant and applicable exchanges or markets as supported by the Services. "Conditional Order Instructions" means an instruction given by the Client to RHBIB to place an order through the Services for a Security on the market: |
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| (a) | when the Trigger occurs; and | |||
| (b) | at a price in accordance with the limits. | |||
|
"Confidential Information" means software and any information, technical data, or know-how, including, but not limited to, that which relates to specifications, research, product plans, products, services, orders, strategies, forecasts, forecast assumptions, methodologies, models, customers, markets, software, developments, inventions processes, designs, drawings, engineering, hardware configuration information, marketing or finances, or any information relating to the Services and to the Account, disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party").
Confidential Information shall not include information, technical data or know-how which: |
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| (a) | was in the possession of, or demonstrably known by, the Receiving Party prior to its receipt from the Disclosing Party; | |||
| (b) | is in the public domain at the time of disclosure, not as a result of any inaction or action of the Receiving Party; | |||
| (c) | is approved for release by the Disclosing Party in writing; or | |||
| (d) | is independently developed by the Receiving Party reliance on or use of the Confidential Information. | |||
|
"Securities" means any securities as defined in the Capital Markets and Services Act 2007 for which you have placed a Conditional Order Instruction.
"Trigger" means criteria that are acceptable to RHBIB, nominated by the Client for the Conditional Order Instruction, which, when satisfied, causes the system to place an order for the Security on the market. "Limit" means the minimum price at which RHBIB is instructed to sell, or the maximum price at which RHBIB is instructed to purchase, the Security under the Conditional Order Instruction. "Security Code" means any passwords, personal identification numbers (PINs), customer identification numbers (CINs) and other codes and access procedures for use in connection with access to and use of the Services. "Services" means (i) the Conditional Order Trading Services, and (ii) other services and information provided by or made available to you by Company (whether directly or through any of its Affiliates) from time to time under this Agreement via the System, or any other electronic link or device as may be designated by RHBIB. "System" means the system which is the Company's Conditional Order system via a terminal emulation on its trading platform developed by its third party service provider for securities contracts on the relevant Exchanges to which RHBIB has access. |
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Placing a Conditional Order Instruction
| 1.4 | RHBIB is not obliged to accept a Conditional Order Instruction, for example, if there is market volatility, the security too thinly, or the price for the Limit is too far from the price at which the security is currently traded. | |||
| 1.5 | The Client must nominate a price for the Limit. | |||
| 1.6 | RHBIB do not accept "at market" as a price for the Limit. | |||
| 1.7 | RHBIB accepts a Trigger only if the Conditional Order Instruction meets the specific requirements set by the Client through the System. The Client agrees not to place a Conditional Order Instruction for the purposes of manipulating or influencing the price of a Security, market rigging, insider trading, disruption of the market, threatening the integrity of the market, misleading or deceptive conduct concerning dealings in the security, or where the Client does not have proper authority to place a Conditional Order Instruction. | |||
| 1.8 | The range between the price in the Trigger and the price in the Limit must be acceptable by RHBIB and the Exchange. | |||
| 1.9 | When a Conditional Sell Limit Order Instruction is triggered, there must be sufficient tradable balance in your account. | |||
| 2.0 | A Conditional Order Instruction is not valid until such notification of acceptance by RHBIB via the system order status. | |||
| 2.1 | The Client shall use the Services solely for the purposes permitted under this Agreement and in conformity with the terms and conditions of this Agreement. In particular, the Client agrees to continue to comply with all the notices, guidelines, rules and instructions pertaining to the use of the Services as well as any amendments to this Agreement, as may be issued by RHBIB, including all operating rules or policies that RHBIB may publish or make available through the Services from time to time. | |||
| 2.2 | Upon issuance of the Security Code for use in connection with access to and use of the Services by RHBIB (whether directly or through any of its Affiliates or service providers), the Client agrees to keep the Security Code issued to as confidential and to notify the relevant personnel of RHBIB promptly if the Client has knowledge that or has reason for suspecting that the confidentiality of the Security Code has been compromised or if there has been any unauthorized use of the Security Code. | |||
Maintaining your Conditional Order Instruction
| 2.3 | The Client must ensure that he has sufficient securities in his holdings and fund, either in the Account, or margin financing facility, or trust monies to satisfy an order. | |||
| 2.4 | The Client agrees that the Conditional Order Instruction only applies for securities which are in already deposited in the Client's CDS account maintained with RHBIB. The Client further agrees not to give any Conditional Order Instruction for securities which are pending transfer to the Client's CDS account. | |||
| 2.5 | The Conditional Order Instruction shall remain valid until it is cancelled by the Client via the System. | |||
Implementing a Conditional Order Instruction
| 2.6 | A Conditional Order Instruction is triggered when the Trigger for the Security occurs. | |||
| 2.7 | When the Conditional Order Instruction is triggered, RHBIB will place the order for the Security on the market on a best-effort basis. RHBIB does not guarantee that the order will be placed at a price not below the Limit, in the case of a sale order, and at a price not greater than the Limit in the case of a purchase order. | |||
| 2.8 | If the order is triggered by events as a result of the closing price auction, the order would be placed on the market. If this order is not expired, the order would be placed on the market the following day, during the pre-open. | |||
| 2.9 | A Conditional Order Instructions will not be triggered by notional values or indicative prices. | |||
| 3.0 | RHBIB will place a Conditional Order Instruction according to the time precedence of the Conditional Order Instruction, but does not guarantee the order in which it is placed onto the market. | |||
| 3.1 | In the event of system failure or malfunction, RHBIB may not have placed orders in accordance with the Conditional Order Instruction. Once the system resumes, the system will not act on events that occurred during the system failure or malfunction. | |||
| 3.2 | The placement of an order on the market does not guarantee that the order will be filled. | |||
| 3.3 | The order remains on the market in accordance with our General Terms and Conditions of Trading. | |||
| 3.4 | RHBIB will use its commercially reasonable efforts to place an order on the market following a Conditional Order Instruction being triggered. However, RHBIB reserves the right to review an order that results from a triggered Conditional Order Instruction and to refuse to place that order on the market, for example, if we consider that placing the order would not be consistent with a fair and orderly market. Also, it might not be possible for RHBIB to place an order on the market for example: | |||
| (a) | where the basis for quotation for the Security has changed and the Client has not varied his Conditional Order Instruction; | |||
| (b) | where the Security has been subjected to a trading halt and the Client has not varied his Conditional Order Instruction; | |||
| (c) | if RHBIB is of the view that the Client's instruction are ambiguous, incomplete or unclear; | |||
| (d) | where the Client's instruction contravenes the terms or conditions stated in our General Terms and Conditions of Trading; | |||
| (e) | where acting on the order in inconsistent with our legal obligations in respect of the maintenance of an orderly market. | |||
Variation Or Cancellation Of A Conditional Order Instruction
| 3.5 | Conditional Order Instruction are taken on a 'commercially reasonable' basis. In the event of system failure, the Conditional Order Instructions will remain in the system until it is manually cancelled in the System. | |||
| 3.6 | It is the Client's responsibility to cancel a Conditional Order Instruction if order for the Security has some corporate action for example: | |||
| (a) | the Security going ex-dividend; | |||
| (b) | the Security being subject to a reconstruction of capital such as a share split or consolidation; or | |||
| (c) | a rights issues. | |||
| as these exercises will have an impact on the price of the security. | ||||
| Fee | ||||
| 3.7 | RHBIB reserves the right to charge a fee for effecting Conditional Order Instructions or for a cancellation and variation, the amount to be determined by RHBIB at a later date. | |||
Limits of Responsibility and Liability
| 3.8 | Provided that the Client has notified RHBIB in reasonable detail and in a timely manner of any problems experienced in the use of the Services, RHBIB will use commercially reasonable efforts to correct such problems only in respect of RHBHIB's own infrastructure within a reasonable period of time. | |||
| 3.9 | The Client acknowledges that in performing the Services, RHBIB will be dependent on the use of software licensed from third parties, including without any limitation, the use of such software to process the Conditional Order Instructions. | |||
| 4.0 | RHBIB does not warrant that the Services will be provided uninterrupted or free from errors or that any identified defect will be corrected; further, no such warranty is given that the Services are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. | |||
| 4.1 | RHBIB does not warrant the security of any information transmitted by the Client or to the Client through the Services. The Client hereby acknowledges and agrees that the use of the Services is at the Client's own risk. Except to the extent that liability under any applicable law or regulation cannot be excluded, under no circumstances shall either party to this Agreement be liable to the other party to this Agreement for any indirect, punitive, special or consequential damages (including without limitation, loss of profits or revenues or other economic loss) arising out of or in any manner in connection with this Agreement, the performance or breach hereof, the subject matter hereof or that are related to the use of, or the inability to use the Services even if advised of the possibility of such damages were foreseeable. | |||
Disclosure
| 4.2 | Each party agrees to notify the other promptly should it become aware of the possession or use of confidential Information or any portion thereof by any person not authorized by this Agreement. | |||
| 4.3 | The Client hereby authorises RHBIB and its officers, employees and agents to provide or disclose the Confidential Information whatsoever relating to the Client's Account(s) to: | |||
| (i) | Any of the Affiliates on a need to know basis; | |||
| (ii) | Any digital certification authority, regulatory authority, electronic, computer, telecommunication service provider and/or network provider involved in the provision of the Services and/or any third party agent or sub-contractor engaged by RHBIB for the provision of any aspect of the Services from time to time, provided that only the Client's basic details are disclosed to this category of persons. Provided that any Group Member and/or third party authorised by this Clause to receive Confidential Information agrees to maintain the confidentiality of the Confidential Information on terms substantially similar to those set out in this Clause 1.3. | |||
General
| 4.4 | RHBIB may from time to time vary these terms and conditions to: | |||
| (a) | add, change or remove any concessions or benefits; | |||
| (b) | adopt or implement any legal requirement, decision, recommendation, regulatory guidance or standard of any court or judicial regulator; | |||
| (c) | accommodate changes in the needs or requirements of our Clients, such as new product features or services; | |||
| (d) | correct errors, inconsistencies, inadvertent omissions, inaccuracies or ambiguities; | |||
| (e) | bring us into line with our competitors, industry or market practice or best practice in Malaysia or overseas; or | |||
| (f) | reflect changes in technology or our processes including our computer systems. | |||
Each of the changes in paragraph (a) to (f) is a separate right and this clause is to be read as if such change was a separately expressed right. Without limiting our right under paragraph (a) to (f), we may from time to time vary any of the terms and conditions for reasons other than the ones mentioned above (e.g. due to unforeseen events). If we vary these terms and conditions the changes will apply to all dealings between you and us on and from the day on which the variation takes effect.
| 4.5 | The Client accepts these terms and conditions, or any variation thereof, when the Client first place a Conditional Order Instruction after receiving these terms and conditions, or a notice of variation of thereof. | |||
| 4.6 | The Client's obligations under this agreement are in addition to the Client's obligations under the General Terms and Conditions of Trading. | |||
| 4.7 | The Client agrees not to use the Services other than in conformance with reasonable acceptable use policies of any connected computer networks, service providers and any applicable internet standards that the Client is notified of by RHBIB and further shall use it only in connections with the Client's personal investment activities. The Client shall not use it in connection with any business activities or to hold or monitor security trading for another person. | |||
| 4.8 | The Client acknowledges and agrees that RHBIB may, in its sole and absolute discretion, with or without notice to Client, to add , vary, alter, suspend or remove any part of or all of the Services, without giving any reason and without incurring any liability. | |||
| 4.9 | The Client agrees to indemnify the Service provider and the third party System provider for any liability for any loss, costs (includes legal costs, consequential loss, loss of profit and economic loss), claims, liabilities or expense arising out of or connected with any of your breach of obligations including any costs reasonably and necessarily incurred as a result of the Client's use of the Conditional Order Instruction in breach of these terms and conditions, or in a manner, or for a purpose, not reasonably contemplated by RHBIB. | |||
| 5.0 | These terms and conditions are subject to the laws of Malaysia. You agree to submit to the non-exclusive jurisdiction of the courts of Malaysia. | |||
| 5.1 | If any part of any of these terms and conditions is found to be void or unenforceable for unfairness or any other reason (for example, if a court or other judicial regulator declares it so), the remaining parts of these terms and conditions will continue to apply as if the void or unenforceable part had never existed. | |||
| 5.2 | Except as provided in this Agreement, you acknowledge that the Services are provided on an "as is", "as available" basis only and that the time periods during which the Services may be available are subject to change. The Client further agrees that RHBIB shall be entitled at any time, at RHBIB's sole discretion, with or without notice to Client, , to temporarily suspend the operation of any one or more of the Services for updating, maintenance and upgrading purposes, or any other purpose whatsoever that the Company deems fit, and in such event, the Company shall not be liable for any losses or any liability which may be incurred as a result unless such loss or liability arises out of the negligence, fraud and/or willful default of the Company. | |||
| 5.3 | This Service terminates in accordance with the termination clause under General Terms and Conditions of Trading. | |||
The Risk Disclosure Statement does not disclose all the risks associated with the use of a Conditional Order Instruction. It should not be relied upon as a complete explanation of the risk involved with using a Conditional Order Instructions. If you need further explanation of the risks associated with the use of a Conditional Order Instruction, you should seek appropriate professional advice.
While the intention of a Conditional Order Instruction is to limit losses to a certain amount, the instruction may not always be effective because market conditions may make it impossible to execute a particular instruction.
Market conditions such as illiquidity may make it difficult or impossible for RHBIB to find sufficient counterparty volume to purchase/sell securities between the Trigger price and the limit price.
Action by Exchanges such as the suspension of trading in certain securities may make it difficult or impossible to effect transactions so as to limit losses.
A Conditional Order Instructions does not make any provision for temporary falls or rises in security prices. Security prices may return to, exceed or fall short of the trigger price at which RHBIB was instructed to buy or sell, within a short period of time.
It may not be possible for RHBIB to carry out the Client's instruction, if to do so would, in the opinion of RHBIB or the regulatory authorities, result in illegal conduct such as market manipulation.
This brief statement cannot disclose all the risks. The Client is advise to therefore carefully study the terms and conditions of any Security before you place an order for the Security on the market. If you are in doubt about any aspect of this statement or the terms of a Security, you should consult your broker. The contents provided in the Site are not intended to provide a sufficient basis on which to make an investment decision. This material may very likely not contain all of the information that an interested party may desire and, in fact, may provide only a limited view and any observations and views expressed herein may be changed by the RHBIB and/or its employees at any time without notice.
DECLARATION
I / We acknowledge that I / we have read the preceding agreement, that I / we understand them and that I / we hereby manifest my assent to, and my / our agreement to comply with, those terms and conditions.
| 1 | I / We understand the nature and risks associated with dealings in securities ("Securities") listed in Recognized Exchanges and I / we shall assume full responsibilities for all the dealings executed under my / our trading account(s). | |||
| 2 | I / We acknowledge and accept that RHBIB is entitled at its absolute and sole discretion to appoint a correspondent broker for execution purposes and / or to appoint a custodian for the purposes of holding the Securities purchased by me / us and facilitating my / our trading in the Recognized Exchanges and that I / we shall be bound by any terms and conditions of agreements executed between RHBIB and such correspondent broker or custodian so appointed for such purposes. That I / we further agree to indemnify RHBIB from being liable for any losses, claims, damages, costs or expenses suffered and incurred by RHBIB in respect of such appointment(s). | |||
| 3 | I / We agree that I / we shall abide by RHBIB's policies, all applicable rules and regulations including but not limited to the relevant constitutions, laws, rules, regulations, by-laws, customs and usage of the relevant Recognized Exchanges and / or Bursa Rules as amended from time to time governing the transactions and settlements in Securities, appointment of correspondent broker and appointment of custodian holding of Securities outside Malaysia. That I / we further agree to comply with any governmental / foreign government authorities, the foreign exchange control laws, and make all the necessary approvals and / or make the necessary registration required in relation to, including but not limited to Bank Negara Malaysia and / or the central bank or any other relevant authorities from time to time and submit to the non-exclusive jurisdiction of the courts where the Recognized Exchanges operate as the case may be. I / We agree that RHBIB shall not be liable to me / us as a result of any action or inaction taken by RHBIB or its agents to comply with any such laws, rules, regulations, by-laws, customs, practices and usage of the relevant Recognized Exchanges and / or Bursa Rules, including without limitation any liquidation in whole or in part of my / our position in my / our Account(s) (defined as trading account(s), and / or Central Depository System ("CDS") account). I/We further agree that RHBIB and/or its agents shall not be liable to me/us as a result of any action or inaction taken by RHBIB or its agents arising from any corporate actions or exercise undertaken by the listed entities which shall include amongst others delisting of shares, splitting of shares, suspension, mergers and acquisitions and spin-offs. | |||
| 4 | I / We shall authorise the officers, employees or DR of RHBIB to furnish any information in relation to or arising out of or in connection with my / our Account(s) as a result from dealings in Securities listed in the Recognized Exchanges to Bursa Securities, any other regulatory bodies whether in Malaysia or elsewhere, any or all of RHBIB's parent company, affiliates and / or subsidiaries, any custodian or correspondent broker so appointed or foreign authorities at any time from time to time without first obtaining my / our consent. | |||
| 5 | I / We agree that my / our ability to trade in Securities is restricted to days when both Bursa Securities and the relevant Recognized Exchanges are opened for trading ("restricted trading days") (only applicable for phone-in orders). | |||
| 6 | I / We agree that in the event Bursa Securities is closed for trading but not the relevant Recognized Exchanges, I / we agree that the settlement for the sales executed for Securities listed on the Recognized Exchanges to be made on the following market day when Bursa Securities is opened for trading. I / We further agree to comply with the rate of exchange applicable when Bursa Securities resumes trading (only applicable for online orders). | |||
| 7 | I / We further agree to pay promptly to RHBIB any fees or other charges which may be imposed by Bursa Securities or the Recognized Exchanges or clearing organisation, including but not limited to any taxes, fines or penalty imposed by any competent authority on any account opened or transaction so effected by me / us and any interest due and payable to RHBIB at the prevailing rate prescribed by RHBIB. I / We further acknowledge that RHBIB has the right to deduct from my / our trading account(s), an amount for the purpose of withholding tax in relation to my / our transactions, as required by the relevant foreign regulators / government bodies. I / We agree that RHBIB will calculate the value of my / our transactions in the Securities in Ringgit Malaysia using such exchange rate as RHBIB may determine in its discretion. All transactions in the Securities for my / our trading account(s) shall be settled in Ringgit Malaysia or, any other currencies requested by me / us provided it is approved by the relevant authorities and agreed by RHBIB, at a rate of exchange determined by RHBIB. | |||
| 8 | I / We acknowledge and accept that RHBIB may at its absolute discretion determine and vary the available limit for the purposes of my / our dealing in the Recognized Exchanges and I / we further agree that RHBIB shall have the right at any time to refuse my / our order(s) or limit the purchase(s) / sale(s) ordered by me / us. That I / we further acknowledge that RHBIB reserves the right to restrict my / our dealing(s) in particular Securities on a particular Recognized Exchange without notice and without having to give reasons. | |||
| 9 | I / We acknowledge that in trading in Securities listed on the Recognized Exchanges, there may be delays in stock quote(s) and execution of order(s) via the correspondent broker. Whilst RHBIB will take reasonable care to mitigate any such delay, I / we agree that neither RHBIB nor any of its officer(s), agent(s) or employee(s) shall be liable for the accuracy, completeness and timeliness of the information or execution or for any decision made or action taken by me / us in reliance upon the information provided or for any interruption of any data or information or events arising from any corporate actions unless it is caused by fraud, gross negligence or willful default of RHBIB. | |||
| 10 |
I / We acknowledge that if I / we do not pay for any Securities by the settlement date of the purchase contract, RHBIB has the right to liquidate and impose charges on any or all of these transaction(s) without notice to me / us. RHBIB may but need not exercise this right on any day after the day on which the right to liquidate first arose.
I / We agree that RHBIB will not be liable to me / us with respect to securities purchase transaction(s) on which I / we have defaulted on for any losses suffered by me / us as a result of any fall in the market price of the Securities between the first day the right to liquidate arose and the day it actually sells the Securities. |
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| 11 | I / We acknowledge that contra deal(s) in respect of earlier purchase contract(s) shall only be allowed at the absolute discretion of RHBIB and subject to the laws, regulations and rules of the Recognized Exchanges. I / We agree that RHBIB shall not be liable for any losses, claim, damage, cost or expense suffered or incurred by me / us, or profit or advantage of which I / we may be deprived of, which arises from RHBIB's refusal to allow me / us to conduct contra deal(s) regardless of whether such contra deal(s) are permitted under the rules of the Recognized Exchanges. | |||
| 12 |
I / We acknowledge that RHBIB may on the terms set out below hold all Securities purchased for me / us either directly or through a nominee or custodian (who may affect such holding through a sub-nominee or sub-custodian). Such nominee / custodian and / or such sub-nominee / sub-custodian may or may not be within Malaysia and in the latter case, I/we hereby consent to RHBIB having absolute discretion in their appointment or approval in their appointment. All costs associated with the holding of the Securities by any of them shall be for my / our Account(s). Accruals with respect to any and all Securities so custodised, if in money form, shall be held or accounted for in its original currency of receipt converted into Ringgit Malaysia (as RHBIB thinks fit) and credited into my / our Account(s).
I / We agree that the duties provided by RHBIB as custodian of the Securities purchased for me / us shall be: |
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| 12.1 | to hold or procure to be held to its order all documents evidencing ownership of the Securities and identity in its books that all Securities belong to me / us; | |||
| 12.2 | to procure that all Securities other than bearer securities are registered in the name of RHBIB or such nominee / custodian or sub-nominee / sub-custodian which has been appointed. In these circumstances, the Securities will still be held in such a way that it is readily apparent that the Securities are not the property of RHBIB or any nominee / custodian or sub-nominee / sub-custodian (as the case may be). The Securities may be registered collectively with Securities of other Clients of RHBIB in the same name on an aggregate or omnibus basis and where so registered, my / our entitlements may not be identifiable by separate certificates or other physical documents of title or equivalent electronic records although RHBIB and / or its delegate will maintain records such that it will be readily apparent the degree of my / our interest in the commingled Securities so collectively held but on my / our express understanding and agreement that where such commingling and aggregation of my / our Securities with that of other persons results in entitlements which otherwise without such commingling or aggregation would not have accrued to the Securities, RHBIB has full discretion as to the allotment of such entitlements as amongst its Clients as it deems fit; | |||
| 12.3 | to use its reasonable endeavours to collect and receive entitlements including income and other monies due with respect to the securities provided that I / we acknowledge and accept that RHBIB (whether directly or through any delegate or agent) shall have no duty or responsibility but is entitled, if it chooses to: | |||
| (a) | exercise or discharge any obligations conferred or imposed by reason of RHBIB's holding of the Securities or to investigate, participate or take any affirmative action in connection therewith or otherwise; | |||
| (b) | send or give notice of any proxy form or other document which RHBIB may receive in respect of the Securities; | |||
| (c) | recognize any claim in the nature of a trust or equitable claim by anyone other than me / us in respect of the Securities or any part thereof. | |||
| 12.4 | to credit to my / our Account(s) with all income and other payments received by RHBIB under paragraph (12.3) above; | |||
| 12.5 | to sign, execute and / or complete such document(s), certificate(s) or form(s) from time to time required for fiscal and taxation purposes in connection with the collection of income from the Securities; and | |||
| 12.6 | to keep or (to the extent reasonably practicable) procure to be kept by any nominee / custodian or sub-nominee / sub-custodian (as the case may be), such book(s), record(s) and statement(s) in retrievable form, as may be necessary to provide an adequate record of all Securities held and transactions carried out by or on behalf of me / us. | |||
| 13 | I / We agree that RHBIB shall not be liable for any losses, claims, damages, costs or expenses suffered or incurred by me / us, or profit or advantage of which I / we may be deprived, which arises from or in connection with: | |||
| 13.1 | the manner in which my / our Securities are held hereunder or the manner in which monies received or intended to be received are dealt with or the manner in which proxy form(s) or other document(s) and notice(s) in relation to the Securities are dealt with; | |||
| 13.2 | the loss, theft or destruction of, or any damage to, any of the Securities or certificate(s) relating thereto; | |||
| 13.3 | the performance or non-performance of RHBIB, | |||
| except insofar as the same arises as a result of the fraud, gross negligence and / or willful default of RHBIB. | ||||
| 14 | I / We acknowledge that whilst RHBIB will use reasonable care in the selection of any nominee, custodians, agent or delegate, RHBIB shall not be liable for any losses, claims, damages, expenses or liabilities suffered or incurred by me / us, or profit or advantage of which I / we may be deprived of, which arises from or in connection with:- | |||
| 14.1 | the insolvency of any nominee, custodian, sub-nominee or sub-custodian; or | |||
| 14.2 | any act or omission of any nominee, custodian, sub-nominee or sub-custodian, | |||
| except insofar as the same arises as a result of the fraud, gross negligence and / or willful default of RHBIB. | ||||
| 15 | RHBIB shall not be liable for any act, omission or insolvency of any entity providing central depository, clearing and / or settlement facilities and / or any entity appointed to perform any obligations as stated herein. | |||
| 16 | RHBIB shall not be liable or have any responsibility to me / us for any losses or damages incurred or suffered by me / us if the performance of RHBIB's obligations is interrupted, delayed or prevented by circumstances, acts or events beyond its control. This shall include but not be limited to industrial disputes, acts or regulations of any governmental authorities or stock exchanges or breakdown, failure or malfunction of telecommunications or computer service or systems. | |||
| 17 | I / We agree that: | |||
| 17.1 | any transfer of Securities from my / our Account shall be at my / our cost of and subject to RHBIB's prior consent and to the laws, regulations and rules of the relevant jurisdiction; | |||
| 17.2 | RHBIB shall at all times have a general lien over any and all Securities held by RHBIB for me / us as security for any outstanding obligation owed by me / us to RHBIB. RHBIB may at all times exercise this lien by effecting a sellout of any or all of such Securities and apply the net proceeds towards settlement or discharge of my / our obligations to RHBIB. | |||
Structured warrants means individually or collectively as the context may require, call warrants, put warrants, basket warrants, bull equity-linked structures or such other structures that may be specified by Bursa Securities from time to time.
| 1 | This statement is provided to you in accordance with the directives of the Rules of Bursa Malaysia Securities Berhad ("Rules of Bursa Securities"). | |||
| 2 | The purpose of this statement is to inform you that the risk of loss in purchasing structured warrants can be substantial. You should therefore assess if the purchase of structured warrants is suitable for you in light of your financial circumstances. In deciding whether to purchase structured warrants you should be aware of the following: | |||
| 2.1 | The purchase of a structured warrant is subject to the risk of losing the full purchase price of the structured warrant and all transaction costs; | |||
| 2.2 | In order to realize any value from a structured warrant, it is necessary to sell the structured warrants or exercise the structured warrants on or before their expiry date; | |||
| 2.3 | Under certain conditions, it may become difficult to sell the structured warrants; | |||
| 2.4 | Upon exercise of the structured warrants, the issuer may settle its obligations via actual delivery of the underlying assets, in cash or a combination of both depending on the terms of the issuer of the structured warrants; | |||
| 2.5 | Placing a contingent order, such as "stop-loss" or "stop-limit" orders, will not necessarily limit your losses to the intended amount. Market conditions may not make it possible to execute such orders; and | |||
| 2.6 | The high degree of leverage that is obtainable from structured warrants because of the small initial outlay can work against you as well as for you. The use of leverage can lead to large losses as well as gain. | |||
| 3 | This brief statement cannot disclose all the risks and other aspects of purchasing structured warrants. You should therefore carefully study the terms and conditions of any structured warrant before you decide to purchase. If you are in doubt about any aspect of this statement or the terms of a structured warrant, you should consult your respective DR and / or RHBIB. | |||
| 4 | I / We hereby declare that: | |||
| 4.1 | I / We am / are not a director(s), substantial shareholder(s) or chief executive officer(s) of RHBIB (Issuer) or RHB Bank Berhad, whether in name or as a nominee(s); and | |||
| 4.2 | I / We am / are not an associate of a director(s), substantial shareholder(s) or chief executive officer(s) of RHBIB or RHB Bank Berhad, the term "associate" being any one of the following: | |||
| (a) | a member of the director's, substantial shareholder's or chief executive officer's family, which family shall have the same meaning as that defined under Section 197 of the Companies Act 2016; | |||
| (b) | a trustee of a trust (other than a trustee for an employee share scheme or pension scheme) under which the director, substantial shareholder, chief executive officer or a member of the director's, substantial shareholder's or chief executive officer family is a sole beneficiary; | |||
| (c) | a partner of the director(s), substantial shareholder(s) or chief executive officer(s), or a partner of a person connected with that director(s), substantial shareholder(s) or chief executive officer(s); | |||
| (d) | a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the director, substantial shareholder or chief executive officer; | |||
| (e) | a person in accordance with whose directions, instructions or wishes the director(s), substantial shareholder(s) or chief executive officer(s) is accustomed or is under an obligation, whether formal or informal, to act; | |||
| (f) | a body corporate or its directors which / who is / are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the director(s), substantial shareholder(s) or chief executive officer(s); | |||
| (g) | a body corporate or its directors whose directions, instructions or wishes the director(s), substantial shareholder(s) or chief executive officer(s) is accustomed or under an obligation, whether formal or informal, to act; | |||
| (h) | a body corporate in which the director(s), substantial shareholder(s), chief executive officer(s) and / or persons connected with him are entitled to exercise, or control the exercise of, not less than 20% of the votes attached to voting shares in the body corporate; or | |||
| (i) | a body corporate which is a related corporation. | |||
| 1 | The purpose of this statement is to inform you as the Client that the risk of loss in purchasing Exchange-Traded Funds ("ETFs") can be substantial. You should therefore assess if the purchase of ETFs is suitable for you in light of your investment objectives and financial circumstances. In deciding whether to purchase ETFs, you should be aware of the following: | |||
| 1.1 | Market Risk: The ETF's net asset value ("NAV") is subject to price movement and market volatility. Your trading position in the ETF may suffer a loss if the market goes against you. | |||
| 1.2 | Liquidity Risk: You may find it difficult to exit your position in the event that trading volume is low. | |||
| 1.3 | Tracking Error: ETF's NAV may not track closely the benchmark index. | |||
| 1.4 | Mispricing Risk: Market price of the ETF may trade at a premium or discount to its NAV. | |||
| 1.5 | Foreign Exchange Risk: In the case of foreign index constituents, you may be exposed to fluctuation in the currency exchange rate. | |||
| 1.6 | Creation and Redemption: You may not successfully create or redeem ETF units through a participating dealer, who is under no obligation to do so on your behalf. | |||
| 1.7 | Past Performance: Past performance is not necessarily indicative of future results. Future returns are not guaranteed, and a loss of original capital may occur. | |||
| 2 | This brief statement cannot disclose all the risks and other aspects of purchasing ETFs. You should therefore carefully study the terms and conditions of any ETF before you decide to purchase. If you are in doubt in relation to any aspect of this statement or the terms of ETFs, you should consult your respective independent financial adviser, legal adviser, DR and / or RHBIB. | |||
I/We hereby request for the day trading activities and in consideration thereof, I/we agree to abide by the following terms and conditions stated herein:
| 1 | Day trading activities applies to trade of particular securities where the outstanding purchase positions are settled against sales positions of the same securities when the purchase and sales transactions are transacted on the same contract date subject to Clause 4 and/or 5 herein mentioned below. | |||
| 2 | The minimum brokerage rate payable for the day trading activities shall be calculated at 0.15% of the contract value or the minimum fixed brokerage below, whichever is the higher:- | |||
| i. | RM 2.00 on transaction of loan instruments. | |||
| ii. | RM28.00 or any other amount approved by the Management on any other online transactions. | |||
| iii. | RM40.00 on any other transactions via phone order. | |||
| Amount quoted above is exclusive of any tax including but not limited to Goods and Services Tax or its equivalent imposed and / or to be imposed by authorities. | ||||
| 3 | This rate is also not applicable to institutional accounts where brokerage rates are negotiable, inter-broker accounts as well as external margin financing accounts. | |||
| 4 | The determination of the contracts for day trading activities under Normal Trading Account and / or Normal Trading Account with Discretionary Financing Facilities (DF) shall be defaulted to the contra sequence elected by the DR / Client in the "Day Trading Activities Request Form" and / or "Account Opening Application Form" | |||
| 5 | The determination of the contracts for day trading activities under Margin Trading Account shall be in the contra sequence as defaulted by RHBIB. | |||
| 6 | RHBIB is at liberty to impose charges that shall include but not limited to holding charges on any outstanding position at the rate to be determined and/or revised by the RHBIB at its sole discretion from time to time. | |||
| 7 | I/We further confirm herein that I/we shall continue to be bound by the terms and conditions of the Trading Account(s) opened with you and the trading of securities shall be subject to any terms and conditions imposed and/or to be imposed and/or revised by RHBIB at its sole discretion with or without notice. | |||
In consideration of RHBIB agreeing to my / our request, I / we hereby agree to be bound by the following specific provision for trading on cash upfront basis:
| 1.1 | That I / we agree to abide by the terms and conditions governing the Cash Upfront Trading Account and in addition, all the terms and conditions of the Account Opening Application Form that I / we have executed, including the Rules and Regulations, Authorisation, Covenants, Disclosures and Undertaking as stated in the Account Opening Application Form that I / we have executed with you in respect of the above Cash Upfront Trading Account shall be applicable and any additions or amendments that may be effected from time to time in relation to the Cash Upfront Trading Account. | |||
| 1.2 | That I / we agree and acknowledge that the above Cash Upfront Trading Account can be used for the purpose of online transactions and accordingly, all provisions pertaining to the "Specific Terms & Conditions for Online Trading Services" shall be applicable. I / We further agree that the provisions pertaining to the "Restriction In Use Of Services" and "Deposit" with the specific provision for trading on a cash upfront basis are applicable. | |||
| 2.1 | That I / we acknowledge and accept that the brokerage rate payable in respect of the purchase transactions shall be on a fully negotiable basis and subject to a minimum brokerage rate as determined by the authorities or otherwise. | |||
| 2.2 | That I / we further acknowledge and accept that in respect of sale transactions, the prevailing brokerage rate is still applicable. | |||
| 2.3 | That I / we also acknowledge and accept that the above brokerage rates may be amended from time to time (by the authorities or otherwise) and I / we agree to abide by the said amended brokerage rates. | |||
| 3.1 | That I / we acknowledge and accept that the trading limit for the Cash Upfront Trading Account shall be RM1 trading limit to RM1 deposit or such other trading limit to be determined by you from time to time. | |||
| 3.2 | I / We agree to deposit cash / cheque / bank draft / cashier's order to your bank account details of which are provided by you from time to time and undertake to provide to you, the deposit slip and / or any other relevant documents as proof of deposit / payment prior to the execution of any order(s) to purchase. | |||
| 3.3 | That I / we further agree that in the event that payment is made by cheque or bank draft or cashier's order, the transaction(s) under the said account can only be executed upon you being notified by the relevant parties of the clearance of the said cheque, bank draft or cashier's order (where applicable). | |||
If there are any updates/changes that affect Client tax residency/FATCA/CRS status, Client further hereby agree to notify and furnish RHBIB with relevant foreign Tax Identification Number (TIN) and/or documentary evidence within 30 days of such change. Further, Client consent to and authorise RHBIB to perform any of the following, if applicable:
| i. | Withhold any applicable payments in the account(s); | |||
| ii. | Report/disclose/exchange any information/documents relating to Client accounts/affairs to IRBM or any foreign tax authorities/inland revenue authorities in compliance with any tax requirements; | |||
| iii. | Terminate (with prior notice) Client contractual relationship(s) with RHBIB | |||
By using or accepting the Services, Client confirm and agree that:
| i. | without prejudice to the applicable terms and conditions governing the relationship between the RHBIB and Client, Client confirm that have read this Terms and Conditions for FATCA and CRS and fully understand the implications of this Terms and Conditions by which Client irrevocably agrees to be bound; | |||
| ii. | any agreement, waiver, representation and/or confirmation given in, or to be given pursuant to, this Terms and Conditions is irrevocable. | |||
| iii. | It is Client responsibility to obtain independent professional advice from adequately qualified legal or tax advisors on its obligations under and the consequences of this Terms and Conditions. RHBIB do not provide tax or legal advice and are unable to advise Client regarding the US federal income tax or other tax consequences to them under Client particular circumstances. | |||
| iv. | In the event of any conflict or inconsistency between any of the contents of this Terms and Conditions and other terms and conditions that govern Client relationship with RHBIB, this Terms and Conditions in relation to FATCA and CRS shall prevail. | |||
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This text seeks to explain in general terms:
Should you be in any doubt as to your obligations or other risks involved, you should ask your broker or seek other professional advice.
| 1.1 | FUTURES CONTRACTS | |||
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A futures contract (or exchange listed derivatives) is a standardized agreement, made on a recognized exchange, to buy or sell a specified quantity of a described commodity, security or index (the underlying) at an agreed date in the future.
There are two types of futures contracts:- |
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| (a) | deliverable contracts, under which the seller agrees to deliver to the buyer, and the buyer agrees to take delivery of, the quantity of the commodity described in the contract; and | |||
| (b) | cash settlement contracts, under which the two parties will make a cash adjustment between them according to whether the price of the underlying has risen or fallen since the time the contract was made. | |||
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The terms and conditions of a futures contract are set out in the rules and regulations of the exchange on which the contract was made.
The futures price is determined in the marketplace by means of an open outcry system or an electronic system and represents a consensus of market opinion what the price of the underlying should be at the specified future time. Since all contracts for a given future month in the same market are alike, obligations under futures contracts are easily transferred from one party to another. A trader who holds a contract to buy / sell can cancel this obligation by taking a new contract to sell / buy in the same month, a process known as offsetting or closing out the contract. In each case there will be a profit or loss equal to the difference between the buying and selling prices multiplied by the standard contract amount. Each trader in the market is required to put up a deposit (initial margin) in order to trade. Contract deposits are governed by the minimum set by the Clearing House and vary from time to time according to the volatility of the market being carefully calculated to cover the maximum expected movement in the market from one day to the next. Variation margins must be paid by any trader whose contract is showing a loss. If the Client does not pay a margin, RHBIB is entitled to close out the Client's position and deduct the resulting realised loss from the original deposit. |
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| 1.2 | OPTION CONTRACTS | |||
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Standardised option contracts are available on many exchanges. An option is the right, but not the obligation, to enter into a futures contract or the underlying market to take / make delivery of the underlying, granted in return for a premium. A call option is an option to buy the underlying instrument at a designated price (the exercise price or striking price), any time before the option expires, irrespective of the current underlying instrument price. A put option is an option to sell at the exercise price or sell the underlying instrument at a designated price.
If a trader buys an option, his loss in the market is limited to the premium paid for the option, which is non-refundable. However, the person who sells (i.e. grants) the option has a similar potential liability to the holder of a futures contract, and will be called to pay margins if the price moves against him. Depending on the type of option, it may only be exercised at expiry (referred to as European style option) or it may be exercised anytime before expiry (referred to as American style option). The Client should be aware of the style of the option that the Client is trading as it may affect the Client' obligation to take or make delivery. Provided the underlying market has moved in his favour, the holder of an option can take profit by selling it later at a higher premium, or by exercising it and closing out the resulting contract. The profit depends on the movement in the underlying market and is potentially unlimited. On the other hand, sellers (grantors) of option contracts have limited profit potential (they cannot earn more than the premium for whichthe option is sold) and unlimited potential for loss. |
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| Clients of RHBIB (who under the Exchange's rules must enter into a written agreement with their Clients) having given instructions to RHBIB to enter into derivatives contracts on their behalf, must be prepared to: | ||||
| 2.1 | Pay a deposit on each contract upon execution of an order not less than the minimum deposit set down by the relevant exchange or clearing house for that contract. RHBIB is entitled to call a higher deposit than the minimum set in order to protect its position as principal. | |||
| 2.2 | Pay on demand any calls made by RHBIB for margins to maintain the futures position (i.e. Contract or set of contracts) held by the Client. | |||
| 2.3 | Deliver, or take delivery of and pay the contract price in full for, the underlying instrument described in the specifications of any deliverable contract held by the Client which is still in force at the close of trading on the last day of trading. | |||
| 2.4 | Pay up any losses which are incurred as a result of a mandatory cash adjustment made on a cash settlement contract held by the Client which is still in force at the close of trading on the last day of trading in the relevant market. | |||
| 2.5 | Waive any interest on funds deposited with RHBIB, whether for deposits or margins or deposited for trading in derivatives contracts, unless the written agreement between RHBIB and the Client stipulates that interest is to be paid on such funds. | |||
| 2.6 | Take up the opposite position in the derivatives market from the resulting position held by the buyer of an option, if the Client has sold (i.e. granted) an option and is exercised by the option buyer. | |||
| (i) | RHB Investment Bank Berhad (19663-P) ("RHBIB") is a holder of the Capital Markets and Services Licence pursuant to Section 58 of the Capital Markets and Services Act, 2007 ("the Act") and is also a Trading Participant of Bursa Malaysia Derivatives Berhad ("the Exchange"), with its registered address at Level 9, Tower 1, RHB Center, Jalan Tun Razak, 50400 Kuala Lumpur. | |||
| (ii) | The Client whose name and address for service appears in the Account Opening Application Form ("the Client") is desirous of maintaining a Trading Account with RHBIB for the purpose of trading in Derivatives (as defined in the Act). | |||
| (i) | Trades in Derivatives will be cleared through a clearing house appointed by the Exchange or Specified Exchange. | |||
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In this Terms and Conditions:
"Act" means the Capital Markets and Services Act, 2007 as may be amended, varied and /or modified from time to time and includes any instruments and / or subsidiary legislation issued in accordance with the Act; "Associated Company" means, in relation to one of the parties, any entity controlled, directly or indirectly, by the party, any entity that controls, directly or indirectly, the party or an entity directly or indirectly under common control with the party. For these purposes, "control" of any entity or party means ownership of the majority of the voting power of the entity or party, and "Associated Companies" shall be construed accordingly; "Bank Negara" means Bank Negara Malaysia; "Clearing House" means the body as may from time to time be appointed by or established and operated by the Exchange and / or the Specified Exchange to provide clearing services to the Exchange and / or the Specified Exchange; "Client"" means the individual or the body corporate who / which operates a Trading Account with RHBIB; "Account Opening Application Form" means the form which information are provided by the Client to RHBIB for the purpose of opening of a Trading Account; "Derivatives" has the same meaning as that given under the Act; "Exchange" means Bursa Malaysia Derivatives Berhad and other companies which may from time to time be recognized as a company which has been approved to establish a derivatives market under Section 7 of the Act or the Specified Exchange under the Act; "Rules" means the rules, regulations and procedures of the Exchange, the Specified Exchange and the Clearing House, and any amendments, supplements, variations or modifications thereto from time to time in force; "SC" means Securities Commission Malaysia; "Specified Exchange" means a person or body that operates a derivatives market outside Malaysia and is specified as a Specified Exchange under section 105 of the Act; "Trading Account" means any trading account or trading accounts opened in the name of the Client with RHBIB pursuant to this Terms and Conditions; and "Trading Participant" means a trading participant of the Exchange from time to time. |
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| 2.1 | The Client appoints RHBIB and RHBIB accepts the appointment, upon the terms and conditions of this Terms and Conditions, as the Client's broker in relation to trading in Derivatives and to maintain and operate Trading Account(s) with RHBIB in relation to trading in Derivatives. | |||
| 2.2 | RHBIB may rely on the instructions of the Client which RHBIB believes to be given by the Client or any person authorized by the Client without verifying the identity of the person purporting to give such instructions and the Derivatives executed pursuant to such instructions shall accordingly be binding on the Client. Where any instruction is ambiguous or inconsistent with any other instruction, RHBIB shall be entitled either not to act upon the instruction or to rely and act in accordance with any reasonable interpretation thereof which any officer of RHBIB believes in good faith to be the correct interpretation. The Client shall not hold RHBIB liable in any way for acting on inconsistent, ambiguous or incomplete instructions. | |||
| 2.3 | RHBIB shall not be liable to the Client for acting upon any instructions communicated or purportedly communicated by the Client or any other persons authorised to trade on behalf of the Client to RHBIB notwithstanding that it is subsequently shown that such instruction was not given by the Client or any other persons authorised to trade on behalf of the Client. Any risks of misunderstanding, any error or loss resulting from instructions given by unauthorized persons or any error, loss or delay resulting from the transmission of the instructions are entirely the risk of the Client for which RHBIB shall not be liable for. | |||
| 2.4 | The Client is aware that signatures on facsimile or electronic mail instructions may be superimposed fraudulently or without proper authority when transmitted to RHBIB and the Client shall give RHBIB facsimile or electronic mail instructions assuming such risks. RHBIB shall not be held liable for any losses, damages, expenses, claims or liabilities suffered by the Client as a result of RHBIB acting upon facsimile or electronic mail instructions so long as the signatures appearing on any such facsimile or electronic mail instructions appear on verification to be or purport to be in accordance with the Client's specimen signature. | |||
| 2.5 | Nothing in Clauses 2.2, 2.3 and 2.4 above shall be construed to limit the liability of RHBIB for any negligence, fraud or dishonesty in relation to RHBIB's activities herein. | |||
| 3.1 | The Client acknowledges that due to the rapid changes in the prices of Derivatives that frequently take place, there may, on occasion, be a delay in making prices or in dealing and RHBIB may not always be able to trade at the prices or rates quoted at any specific time or "at best" or "at market". RHBIB shall not be liable for any loss whatsoever arising by reason of its failing, or being unable, to comply with the terms of any limit order undertaken on behalf of the Client. Where RHBIB is for any reason whatsoever unable to perform the Client's order in full, it may in its discretion effect partial performance only. | |||
| 3.2 | The Client authorises RHBIB to purchase and sell Derivatives contract, as agent for the Client's Trading Account in accordance with the oral or written instructions of the Client or persons authorised in writing to act, or persons reasonably believed by RHBIB to be acting, on the Client's behalf. The Client acknowledges that any employee or agent of RHBIB acting in the capacity of a registered representative acts as an agent of RHBIB in executing any trades on the Client's behalf and RHBIB save and except under Clause 15.2 hereof is liable for all such acts of the agent. Unless the Client specifies to the contrary, RHBIB is authorised to execute all orders on any exchange or other market where such business is conducted which may be deemed by RHBIB, in its sole and absolute discretion, to be appropriate. The Client hereby waives any defence that any such instructions was not in writing, as may be required by any law, rule or regulation. RHBIB agrees to provide the services contemplated hereunder in a commercially reasonable manner.
The Client authorises RHBIB or its agents to investigate the Client's credit standing and in connection therewith to contact such banks, financial institutions and credit agencies as RHBIB shall deem appropriate to verify information regarding the Client. |
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| 4.1 | The Client shall pay commission and fees at such rates as determined from time to time by the Exchange, the Specified Exchange and the Clearing House, or in the absence of such determination, at the rates as notified by RHBIB to the Client in writing from time to time. All stamp duty, other taxes, fees, charges, liabilities, costs and expenses incurred for, or to be incurred on behalf of the Client, shall be paid by the Client as invoiced by RHBIB. | |||
| 4.2 | The Client shall pay all commissions due to RHBIB on demand and RHBIB may deduct such commission, fees and charges from any funds held by RHBIB on the Client's behalf. | |||
| 4.3 | RHBIB may share commission, fees and charges with its associated companies or other third parties, or receive remuneration from them in respect of transactions carried out on the Client's behalf. Details of any such remuneration or sharing arrangements will not be set out on the relevant contract note. | |||
| 5.1 | The Client shall pay and maintain with RHBIB a deposit in the Client's Trading Account in such amount and such form as RHBIB may from time to time requires, in excess of the Client's indebtedness or obligations to RHBIB and pay such margins, premiums and / or other amounts or lodge such securities (acceptable to RHBIB) as may be required by RHBIB from time to time in connection with the trading and operation by the Client of the Client's Trading Account. The Client agrees and acknowledges that the Client's liability in respect of margin calls for additional cash or collateral to guarantee performance of a Derivatives contract is not limited to the amount of the deposit and RHBIB may call for payment of a further deposit or margin (by whatever terms those obligations are described) or call for the lodgment of securities (acceptable to RHBIB) or impose more stringent requirements in respect of such liabilities than those required by law, or any applicable Rules as RHBIB, in its absolute discretion feels is necessary to protect itself from the personal obligation incurred by dealing in the Derivatives contract on behalf of the Client. Such payments are due and payable on demand. | |||
| 5.2 | The Client shall meet the call and make the payment of initial margin and maintenance margin within one (1) hour of the call or such other time as may be stipulated by RHBIB and is permitted by the Rules of the Exchange. | |||
| 5.3 | That the time for payment of margin is of the essence then as prescribed by RHBIB to the Client from time to time and when the Client fails to comply with the prescribed time for payment, the Client shall pay penalty interest thereon at such rate as RHBIB may in its sole discretion prescribe. | |||
| 5.4 | That the obligation and / or liability to pay margin accrues at the time the margin requirement comes into existence regardless of when a margin call is made. | |||
| 5.5 | That in respect of trading in Derivatives, the obligation and / or liability to pay the premium accrues at the time the trade is executed regardless of when a demand for payment for the same is made. | |||
| 5.6 | In relation to trades conducted on the Exchange and registered with the Clearing House on the Client's behalf, that the Client has no rights whether by way of subrogation or otherwise against any person or corporation other than RHBIB. | |||
| 5.7 | All payments to be made by the Client to RHBIB shall be made in freely transferable, cleared and available funds free from all encumbrances in such currency and to such account(s) as RHBIB may from time to time specify. If the Client is compelled by law to make the payment subject to any withholding or reduction of any type, the Client undertakes to pay such additional amounts as may be necessary to ensure that RHBIB receives the net amount equal to the full amount which it would have received had payment not been made subject to such reduction or withholding. | |||
| 5.8 | Time for payment of margin is of the essence and all cash payments in excess of RM50,000 shall if requested by RHBIB be made by telegraphic transfer or banker's draft to be received by RHBIB or its bankers prior to the beginning of the next trading day. | |||
| 5.9 | The deposit, margin and any collateral deposited with RHBIB may be utilized in meeting any obligations of the Client in respect of Derivatives traded by or on behalf of the Client. | |||
| 5.10 | Unrealised profits or credit entries in respect of any particular transaction may be used against any deposit or initial or additional margin payment which may be requested or made by RHBIB if the Rules permit. | |||
| 5.11 | The Client understands that RHBIB may with or without notice to the Client exercise any of the remedies listed in Clause 8.2 hereof if the Client fails to maintain adequate margin or if any occurrence of the event of default. | |||
| 6.1 |
In respect of every Derivatives contract made between RHBIB and the Client for allocation to another market or clearing participant specified by the Client:-
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| 6.2 | Allocation of Derivatives contract on delivery or exercise will be effected in accordance with Rules of the Clearing House and Exchange, and in the absence of such Rules, RHBIB may at its discretion allocate in any other manner. | |||||||||||||
| 6.3 | In the event RHBIB at its sole discretion elects to accept for clearing any Derivatives contract executed by another Trading Participant to be cleared under the Client's Trading Account, the acceptance thereof shall not breach any position or other limits applicable to Client's Trading Account. The Client further acknowledges that clearing of such Derivatives Contract under the Client's Trading Account shall be governed by this Terms and Conditions and such other applicable Rules and regulations. | |||||||||||||
| 7.1 |
The Client's Account and all transactions and the Terms and Conditions in respect of the Client's Trading Account shall be subject to:
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| 7.2 | The Client understands that (i) the Client may be trading in the Derivatives contract and such trading is highly speculative, (ii) prices of Derivatives contract are subject to upward and downward movements, (iii) price fluctuations may result in losses which substantially exceed the capital in the Client's Trading Account, (iv) on trading days on which the subject of the Client's trading reaches its permissible exchange price limit, trading may cease, as a result of which the Client may be locked into substantial losses, and (v) in transactions on exchanges on which foreign currency is used, any profit or loss may be affected by exchange rate fluctuations. | ||||||||||||||||||||||||||||
| 7.3 | That RHBIB will be trading in the market of the Exchange or the Specified Exchange as a principal at all times (and accordingly by liable to the Exchange / Specified Exchange as such principal) notwithstanding that RHBIB will be carrying out the instructions of the Client as the Client's agent. Any benefit or rights accruing to RHBIB in relation to its dealings with the Exchange / Specified Exchange or in relation to any registration of Derivatives with the Clearing House is personal to RHBIB and need not be passed by RHBIB to the Client. Without prejudice to the generality of the foregoing, RHBIB may, without reference to the Client, aggregate the Client's Derivatives with the Derivatives of other clients and / or other directors, officers, or employees of RHBIB, and may receive and retain for RHBIB's own benefit any commission, fee, rebate or other preferential treatment offered by any person through whom any Derivatives is affected. | ||||||||||||||||||||||||||||
| 7.4 | The Client agrees that in relation to Derivatives contract transacted under the Specified Exchange, the Client may be exposed to additional risk and may be subject to regulation, which may offer different or diminished investor protection. Domestic regulatory authorities may be unable to compel the enforcement of the Rules in other jurisdiction. | ||||||||||||||||||||||||||||
| 7.5 | That the Client hereby waives and shall have no right or cause of action or remedy against the Exchange, the Clearing House or any Trading Participant save for RHBIB who conducted the trade on behalf of the Client or on his instructions, except as permitted by the Act. | ||||||||||||||||||||||||||||
| 7.6 | That Clauses 7.3 and 7.5 above shall not affect any right, entitlement or remedy of RHBIB against the Client and vice-versa. | ||||||||||||||||||||||||||||
| 7.7 | That the Client will take all reasonable steps to obtain and communicate to RHBIB all information and deliver or cause to be delivered to RHBIB all documents with respect to dealings by the Client in Derivatives, which are requested by the Exchange / Specified Exchange or the Clearing House or a person having a right to request such information or documents and also authorises RHBIB to produce the information or documents to the requesting party. | ||||||||||||||||||||||||||||
| 7.8 | That dealing in Derivatives may create an obligation to give or take delivery or make cash adjustment or settlement in accordance with the terms of trading of such Derivatives. | ||||||||||||||||||||||||||||
| 7.9 | That RHBIB has the right (subject to Section 99 of the Act), either on its own account or on behalf of other clients, to take oppositepositions to the positions taken by the Client in Derivatives contact. | ||||||||||||||||||||||||||||
| 7.10 | That the Client is responsible to pay in cash any deficit owing to RHBIB after close-out of any of the Client's Derivatives or closure of the Client's Trading Account and that if the Client defaults in payment of such deficit, RHBIB may realise any deposit and securities held by RHBIB and apply the proceeds against the deficiency. | ||||||||||||||||||||||||||||
| 7.11 | All orders may be placed by the Client through post, facsimile, telephone or in person or any other electronic means allowed by RHBIB from time to time. Telephone conversations between the Client and RHBIB may be recorded by RHBIB or the Exchange, however the Client shall have the right to listen to any recording made in the event of a dispute or anticipated dispute. RHBIB shall be entitled to require that oral instructions be given, or be confirmed in writing. RHBIB will be entitled to rely on all such instructions which it believes to be genuine without further enquiry. Subject to Clause 9 below, RHBIB will be under no obligation to confirm instructions and accepts no liability for errors in any confirmation made, howsoever arising. Instructions terminating RHBIB's authority to act for the Client must be given by the Client in writing. | ||||||||||||||||||||||||||||
| 7.12 | That RHBIB reserves the right to refuse to deal on behalf of the Client in relation to any dealings in Derivatives (other than closing-out existing positions held on behalf of the Client) or limit the number of open positions held on behalf of the Client or both RHBIB will, however, inform the Client of any refusal at or before the time of the Client placing any further orders with RHBIB or, as soon as possible, thereafter. RHBIB will use its reasonable efforts to notify the Client accordingly, but RHBIB shall not in any circumstance whatsoever be liable in any way, except where RHBIB has been negligent, fraudulent or dishonest, for any loss of profit or gain, damage, liability, cost, fee or expense suffered or incurred by the Client arising out of, or in connection with, RHBIB's declining to act on such instruction or omitting so to notify the Client. | ||||||||||||||||||||||||||||
| 7.13 | If at the request of a Client, RHBIB transacts any business in a name other than of that Client, the Client accepts full liability in respect of all such transactions. | ||||||||||||||||||||||||||||
| 7.14 | That unless otherwise agreed in writing, RHBIB shall be entitled to any interest on money belonging to the Client segregated or invested by RHBIB. | ||||||||||||||||||||||||||||
| 7.15 | That RHBIB, its directors, agents, employees or persons related to any of the foregoing may trade in Derivatives on their own account. | ||||||||||||||||||||||||||||
| 7.16 | That the Client agrees to abide by any position and exercise limits set by the Exchange or Clearing House as notified by RHBIB to the Client. | ||||||||||||||||||||||||||||
| 7.17 | That except where RHBIB has been negligent, fraudulent or dishonest, RHBIB shall not be liable to the Client for any losses, damages, events, actions or omissions howsoever arising which are beyond RHBIB's control, including but without limitation to any breakdown or failure of transmission of communication or computer facilities, postal or other strikes or similar industrial action and the failure of the Exchange and / or RHBIB or any bank with whom RHBIB maintains a margin account to perform its obligations for any reasons. | ||||||||||||||||||||||||||||
| 7.18 | In order for RHBIB to discharge its functions under this Terms and Conditions or pursuant to the relevant laws or regulations, the Client hereby acknowledges that RHBIB will engage service providers or such other persons via an outsourcing arrangement or any other arrangements to provide services to RHBIB (including mailing services, information technology services, data processing, statistical and risk analysis and other services determined from time to time). The Client hereby acknowledges that in the course of providing the services to RHBIB, such service providers or such other persons may have access to certain information and documents, relating to the Client's Derivatives, and thereby, the Client agrees that such disclosure of information and documents is permissible. | ||||||||||||||||||||||||||||
| 7.19 | All Derivatives purchased by or on behalf of the Client are at the sole risk of the Client who should arrange any insurances that the Client may deem necessary against such risk. | ||||||||||||||||||||||||||||
| 7.20 |
In the event that RHBIB takes delivery of any assets for the Client's Trading Account, the Client:-
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| 7.21 | RHBIB shall be authorised to advise on the merits or suitability or transactions in the Derivatives contract or to recommend particular transactions, but shall be under no obligation to do so. Whilst any advice given will be given in good faith, each transaction shall be deemed to have been entered into by the Client in reliance upon its own judgement and neither RHBIB nor any of its directors, employees or agents will be responsible or liable in any manner whatsoever in respect of such advice in the absence of negligence or wilful default. Any advice may be given orally or in writing. | ||||||||||||||||||||||||||||
| 7.22 | Should RHBIB be unable to meet its obligations under any Derivatives contract as a result of any default by any third party or by reason of any other matter outside its control or in the event of the introduction of any new Rules or any modification, amendment, change or addition to the existing Rules after the date on which any Derivatives contract is entered into and prior to the date on which it is performed in full, the Client acknowledges and agrees that the Derivatives contract between RHBIB and the Client may be amended and / or cancelled automatically to take account of such events and the Client shall indemnify RHBIB in respect of any liability or loss it may incur as a result of entering into any such Derivatives contract. | ||||||||||||||||||||||||||||
| 7.23 | If, at any time, the Client shall be unable to deliver any assets sold by RHBIB on the Client's behalf, the Client authorises RHBIB in its absolute discretion to purchase or acquire the same on such terms as RHBIB in its absolute discretion thinks fit and deliver the same and the Client shall immediately pay RHBIB for any cost, loss or damage (including consequential costs, losses and damages) which may be incurred by RHBIB in so doing. | ||||||||||||||||||||||||||||
| 7.24 | RHBIB may combine the Client's order with its own orders and those of Associated Company and of other clients. Aggregation of the Client's orders with those of other clients may operate on some occasions to the Client's disadvantage. | ||||||||||||||||||||||||||||
| 7.25 | RHBIB reserves the right to make such currency conversions if in its absolute discretion considers desirable or necessary for the purpose of lessening any currency exposure to RHBIB or for the purpose of Clause 8.2; the Client agrees that the Client shall at all times bear the foreign currency exchange risk arising from transactions effected on the Client's behalf. | ||||||||||||||||||||||||||||
| 8.1 |
The occurrence of any of the following shall constitute an event of default:-
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| 8.2 |
Without prejudice to any other rights which RHBIB may have by law, RHBIB shall upon the occurrence of any of the events stipulated under Clause 8.1 above, be entitled at its discretion to take such action as it deems necessary or desirable with or without any reference to or consent of the Client, including, but not limited to, the following:-
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| 8.3 |
In the event that:-
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| 9.1 | RHBIB will provide the Client with contract notes and monthly statement of account in relation to the Derivatives entered into by the Client in accordance with the Rules of the Exchange or as required by the Act and as soon as practicable upon the Client's request. In the latter case, the Client shall pay the reasonable cost thereof. | |||
| 9.2 | All contract notes, statements of account and other documents relating to the account of the Client ("Documents") may be sent by RHBIB to the Client by electronic means, addressed to the Client at the Client's last known electronic address provided by the Client as appearing in RHBIB's records. All such Documents sent to the Client including by way of electronic means, shall be deemed to have been received by the Client within twenty-four (24) hours of the time sent by electronic means. The Client shall be deemed to have accepted the accuracy of any Documents sent by electronic means to the client if no dispute is raised by the client thereon within twenty-four (24) hours following the expiry of the aforesaid twenty-four (24) hours. | |||
| 9.3 | If the Client chooses electronic means as one of the modes of delivering all contract notes to the Client, the Client hereby accepts and assumes the inherent risks in RHBIB issuing and delivering the contract notes to the Client via e-mail. In the event of RHBIB's system failure, the Client further authorises RHBIB to issue and deliver the contract notes to the Client by ordinary post or by way of facsimile at the number stated herein. The Client further agrees that the instructions for the e-mail address(s) herein furnished shall remain valid until written instructions are given by the Client and received by RHBIB for revocation and / or amendment of the said instructions, as the case may be. | |||
| 9.4 | The Client agrees to review carefully each contract note / statement RHBIB sends to the Client and shall notify RHBIB immediately if the confirmation contains any trades that the Client did not authorise. | |||
| 10.1 | All money or other assets received by RHBIB from the Client or from any other person (including the Clearing House) for the Trading Account of the Client shall be held by RHBIB as trustee, segregated from RHBIB's own assets and paid into a segregated bank account. | |||
| 10.2 | All collateral deposited with RHBIB by the Client, or received by RHBIB for, or on behalf of the Client, shall be segregated by RHBIB and paid into the Client's segregated account and RHBIB may invest such collateral in accordance with the Act and the Rules to the extent that the Act and the Rules apply to such collateral. | |||
| 10.3 | RHBIB may within the limits of the Rules pass on the Client's money to registered representatives who may be Associated Company of RHBIB including where appropriate overseas brokers, Specified Exchanges and clearing houses to pay sums (including margin) due in respect of transactions effected with or through such persons on the Client's behalf. | |||
| 10.4 | That RHBIB shall be under no duty or obligation to inquire into the purpose or propriety of any instruction given and shall be under no obligation to see to the application of any funds delivered by the Client in respect of any Client's Trading Account. | |||
| 10.5 | The Client further agrees jointly and severally that all or any Derivatives contracts, collaterals and assets which RHBIB may at any time be holding or carrying for any of the Client no matter whether in the said joint account or otherwise shall be subject to lien in favour of RHBIB-OPR-002-T&C v2.0 Page 9 of 20 RHBIB for the discharge of the obligations of the joint account to RHBIB, such lien to be in addition to and in substitution of the right and remedies RHBIB otherwise would have. | |||
| 11.1 | The Client hereby pledges, charges and grants to RHBIB a fixed first priority security interest in all of the Client's rights and interests in and to all securities (whether comprising collateral or otherwise) and other assets (other than margin provided in the form of cash and dividend or interest payments) provided by the Client to RHBIB hereunder as a continuing security for the performance of its margin and other obligations to RHBIB hereunder and under each Derivatives. RHBIB shall have (to the greatest extent permitted by, and without restriction imposed under, applicable law) all of the rights of a secured party in respect of such securities and other assets. The Client agrees to provide such further documents and to take such further steps as RHBIB may reasonably require to protect such security interest. | |||
| 11.2 | The Client agrees that the assets returned to the Client may be equivalent but not identical to the assets originally deposited with RHBIB. | |||
| 11.3 | In respect of securities held for the Client (whether as collateral or otherwise), RHBIB is not required to notify the Client, to vote on its behalf or to forward voting notices or any other notices to the Client. RHBIB will have complete discretion as to whether or not to act on any instructions and RHBIB will not be liable for any loss however caused in connection with its acting or not acting on any such instructions. | |||
| 11.4 | RHBIB shall be entitled to exchange, pledge or otherwise grant a security interest over any securities over which it has a security interest under the terms hereof (whether comprising collateral or otherwise), and may sell or loan the same, and whether as principal or as agent on behalf of the Client. RHBIB shall be entitled to retain all profits and other benefits accruing to it as a result of its exercising its rights hereunder only to the extent of securing performance of its margin and the Client's obligations to RHBIB | |||
| Without prejudice and in addition to any other rights and remedies, RHBIB shall be entitled: | ||||
| 12.1 | to a general lien over all or any part of the assets of the Client (other than cash) coming into the possession or control of RHBIB or its associated companies insofar as there remains outstanding any money or amount due from the Client to RHBIB in respect of the Trading Account(s). | |||
| 12.2 | at any time without notice to the Client, to apply any credit balance to which the Client is entitled on any account with RHBIB or its associated companies in or towards satisfaction of all or any part of any money or amount due from the Client to RHBIB in respect of the Trading Account. | |||
| 12.3 | notwithstanding any provision in this Terms and Conditions or any other Terms and Conditions between RHBIB or any Associated Company and the Client or any associate of the Client, RHBIB may at any time set-off or retain for such purpose any amounts owing by it to the Client against any amounts owing by the Client to RHBIB or any Associated Company and shall be without prejudice to the obligations of the Client to satisfy in full all liabilities of the Client to RHBIB. RHBIB shall be entitled to make such currency conversions as may be necessary to effect such set-off. | |||
| The Client hereby represents, warrants and undertakes to RHBIB on a continuing basis, as follows:- | ||||||||||||||||||||||||
| 13.1 | if individual, the Client is not (i) a partner, officer, director, agent, associated person, or employee of a futures broker firm, (ii) a member of an exchange or a director or employee of an exchange or regulatory or self-regulatory organisation, or (iii) engaged individually or as an employee in the business of dealing, as broker or principal, in futures, physicals, forwards, or option contracts, in commodities, futures contracts, financial instruments, currencies, indexes, and if the Client becomes so employed or engaged the Client will promptly notify RHBIB in writing. | |||||||||||||||||||||||
| 13.2 | if the Client is an individual, that the Client is legally capable of validly entering into and performing this Terms and Conditions and that the Client has attained the age of 18 years and is of sound mind, legal competent and is not a bankrupt. | |||||||||||||||||||||||
| 13.3 | that no person other than the Client has or will have an interest in the Client's Trading Account except as otherwise disclosed in writing to RHBIB. | |||||||||||||||||||||||
| 13.4 | the Client hereby warrants that it is and remains the beneficial owner of all the collateral and assets delivered to RHBIB for sale, management or security, free from all liens, charges, options and third party rights whatsoever and the Client undertakes to indemnify RHBIB against all claims, costs or demand made by any person claiming to be entitled to such collateral and assets as aforesaid or any interest thereon and all costs and expenses incurred by RHBIB as a result thereof. | |||||||||||||||||||||||
| 13.5 |
if the Client is a company, the execution and delivery of this Terms and Conditions and the performance of any of the transaction contemplated herein will not contravene a default under or cause to exceed any limitation on the company or the powers of the company's directors imposed or contained in:
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| 13.6 | the Client is neither engaged in any unlawful activity nor are the Client's monies obtained from any illegal source or related to any illegal activity. | |||||||||||||||||||||||
| 13.7 | the information given by the Client or on the Client's behalf to RHBIB in connection with the opening of the Trading Account (including the information contained in the Account Opening Application Form) is true and complete and RHBIB shall be entitled to rely on such information until RHBIB receives written notice from the Client of any changes thereto. | |||||||||||||||||||||||
| 13.8 | the Client will ensure that all applicable constitutive documents and other documents evidencing authority delivered to RHBIB are true and accurate and in full force and effect. | |||||||||||||||||||||||
| 13.9 | the Client has sufficient income and liquid assets to meet its obligations in respect of the Derivatives proposed and that such activity is suitable for the Client. | |||||||||||||||||||||||
| 13.10 | no event of default as specified under Clause 8 has occurred or is occurring. | |||||||||||||||||||||||
| 13.11 | the Client has and will at all times maintain any necessary licences, regulatory approvals or other authorisations or permissions and has taken all steps required by any governmental or other authority to enable it to enter into this Terms and Conditions and each contract. | |||||||||||||||||||||||
| 13.12 | this Terms and Conditions and all Derivatives entered constitute legal, valid, binding and enforceable obligations of the Client. | |||||||||||||||||||||||
| 13.13 | by entering into this Terms and Conditions and any Derivatives, the Client is not violating any Terms and Conditions to which it is a party or breaching any obligation or restriction to which it is subject. | |||||||||||||||||||||||
| 13.14 | the Client is and will be the sole beneficial owner with full title guaranteed of any margin or collateral provided to RHBIB hereunder free from all liens, charges, options and third party rights whatsoever and the Client undertakes to indemnify RHBIB against all claims, costs or demand made by any person claiming to be entitled to such assets as aforesaid or any interest thereon and all costs and expenses incurred by RHBIB as a result thereof. | |||||||||||||||||||||||
| 13.15 | the Client shall abide by any position limits set by the Exchange or Clearing House and / or RHBIB as notified by RHBIB to the Client | |||||||||||||||||||||||
| 13.16 | the Client shall be responsible for obtaining in advance and maintaining any governmental or other consents required in connection with the Client entering into this Terms and Conditions or any Derivatives contract or RHBIB effecting any transaction in connection with this Terms and Conditions. The Client shall further comply with the relevant foreign exchange control laws including but not limited to those imposed by Bank Negara Malaysia or any other applicable authorities in the particular jurisdiction from time to time. | |||||||||||||||||||||||
| 13.17 | the Client shall agree that the ability to trade in the Specified Exchanges and / or other approved markets is not restricted when Bursa Malaysia Derivatives Berhad is closed for trading. | |||||||||||||||||||||||
| 13.18 | the Client shall notify RHBIB of any material change in the information supplied in or pursuant to the Account Opening Application Form. | |||||||||||||||||||||||
| 13.19 |
the Client shall at all times adhere to and comply with the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 ("AMLA") with respect to all transactions or matters whatsoever and howsoever arising whether directly or indirectly with RHBIB, and in particular:-
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| The Client hereby represents and warrants that where there are two or more persons included in the expression "the Client" or a partnership:- | ||||
| 14.1 | that the liability of each such person hereunder shall be joint and several. | |||
| 14.2 | that any one of them shall have full authority to give any instructions with respect to any Client's Trading Account or any Derivatives contract including but not limited to instructions with respect to buying or selling or withdrawals of excess funds; to receive demands, notices, confirmations, reports, statements and other communications of any kind and execution of any additional forms or documents as maybe required by RHBIB from time to time; it is understood and agreed that such demands, notices, confirmations, reports, statements and other communications, forms or documents if addressed to the Client shall be binding on each of them notwithstanding that they have not been sent or received by every one of them; generally to deal with RHBIB in connection herewith as fully and completely as if the other joint account holder or holders had no interest herein. | |||
| 14.3 | that RHBIB shall be under no duty or obligation to inquire into the purpose or propriety of any instruction given and shall be under no obligation to see to the application of any funds delivered by the Client in respect of any the Client's Trading Account. | |||
| 14.4 | that notwithstanding any other arrangements which may have been made between them the rule of survivorship shall apply to the joint account hereunder and on the death of any one of them the collateral and assets whatsoever for the time being standing to the credit of the joint account and anything held by RHBIB whether by way of security or for sale, custody or collection or any other purpose whatsoever shall be held to the order of the survivor(s) of them. | |||
| 14.5 | the Client further agrees jointly and severally that all or any Derivatives contracts, collaterals and assets which RHBIB may at any time be holding or carrying for any of the Client no matter whether in the said joint account or otherwise shall be subject to lien in favour of RHBIB for the discharge of the obligations of the joint account to RHBIB, such lien to be in addition to and in substitution of the right and remedies RHBIB otherwise would have; and | |||
| 14.6 | in the event of the death of any of the Client, the survivor(s) shall immediately give written notice thereof to RHBIB and RHBIB may before or after receiving such notice, take such proceedings, require such papers, retain such portion of and / or restrict transactions in the Client's Trading Account as RHBIB may deem advisable to protect RHBIB against any tax, liability, penalty or loss under any present or future law or otherwise. The estate of the Client who shall be liable, and the survivor(s) shall continue to be liable to RHBIB for any debit balance or loss in the said joint account in any way resulting from the completion of transactions initiated prior to the receipt by RHBIB of the written notice of such death, or the liquidation of the Client's Trading Account or the adjustment of the interests of the respective parties. | |||
| 15.1 | The Client undertakes to indemnify RHBIB and its officers, employees and agents for any loss, cost (includes legal costs), claim, liability or expense arising out of or connected with any breach by the Client of its obligations or the occurrence of any of the event under Clause 8 including any costs reasonably and necessarily incurred by RHBIB in collecting any debts due to RHBIB or in connection with the closure of the Trading Account | |||
| 15.2 | The Client further undertakes to indemnify RHBIB and its officers, employees and agents for any loss, cost (includes legal costs), claim, liability or expense arising out of or connected with any default, whether by act or omission, by the Client under this Terms and Conditions or anything lawfully done by RHBIB in accordance with pursuant or incidental to this Terms and Conditions or by reason RHBIB complying with any direction, requirement of the Exchange, Specified Exchange, Clearing House or other regulatory authorities. | |||
| 15.3 | The Client also undertakes to indemnify and keep indemnified RHBIB against all demands, claims, actions, losses, damages, liabilities, costs and expenses arising out of, in relation to or in connection with (whether directly or indirectly) any failure by the Client to provide any margin or lodge any securities with RHBIB as and when requested by RHBIB. | |||
| 15.4 | The Client also agrees to pay promptly to RHBIB all damages, costs and expenses, including attorney's fees, incurred by RHBIB in the enforcement of any of the provisions of this Terms and Conditions | |||
| 15.5 | The Client further agrees that RHBIB shall not assume any responsibilities or liabilities whatsoever for any direct or consequential loss arising from or in connection with the Client's use of any communication by electronic means when communicating with RHBIB. | |||
| 16.1 | Except where otherwise provided or as may otherwise be agreed between RHBIB and the Client, any demand, notice or other communication under this Terms and Conditions may be made or given by telex, facsimile transmission or letter. Any such demand, notice or other communication to be made or given to RHBIB shall be sent or delivered to the address of RHBIB as provided in the Terms and Conditions or such other address as RHBIB may from time to time notify to the Client for this purpose and shall be effected upon receipt by RHBIB. | |||
| 16.2 | Any such demand, notice or other communication to be made or given to the Client should be sent or delivered to the Client at its last known business address as set out in Account Opening Application Form or such other address as the Client may from time to time provide to RHBIB for this purpose and shall be effective, if sent by telex or facsimile transmission, upon dispatch or, if sent by ordinary mail, 24 hours after dispatch or, if sent by airmail (to an address outside Malaysia) seven (7) days after dispatch or, if sent by post, two (2) days after posting, or, if delivered personally, at the time of delivery. | |||
| 16.3 | RHBIB shall be entitled to act upon and the Client shall accordingly by bound by any notice or other communication received by RHBIB and believed by RHBIB to have been given or made by a person authorised by the Client. | |||
| 17.1 | Notwithstanding that RHBIB may be authorised to accept instructions from an intermediary or agent, the Client remains liable to RHBIB as principal for the proper maintenance of all of the Client's Trading Account(s) with RHBIB and all payments of money due or payable to RHBIB will be made direct to RHBIB and not through the intermediary or agent who, in no circumstances, will have authority to give good receipt of such money on RHBIB's behalf. | |||
| 17.2 | RHBIB may subject to the Rules appoint any person, as agent or otherwise, to perform any of the rights, powers or obligations from time to time vested in it by this Terms and Conditions or to undertake, as the Client's agent or otherwise, anything in connection with the Client's Trading Account, on such terms or otherwise as RHBIB thinks fit. | |||
| 17.3 | No delay or omission by RHBIB in exercising any right, power or privilege under this Terms and Conditions, nor any indulgence or concession by RHBIB in respect thereof shall impair such right, power or privilege or be construed as a waiver of such right, power or privilege 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. | |||
| 17.4 | Each provision of this Terms and Conditions shall be separate and distinct from each other. If anyone or more of the provisions shall be illegal, invalid or unenforceable, that shall not affect the legality, enforceability or validity of any other provisions. | |||
| 17.5 | This Terms and Conditions and each contract shall constitute one agreement between RHBIB and the Client. | |||
| 18.1 | RHBIB is hereby authorised to disclose any information relating to the Client's Trading Account(s) accessible to RHBIB, Capital Markets and Services representative's licence holder assigned to the Client, and RHBIB's Associated Company. The Client further authorizes and consents to the disclosure by RHBIB of any information relating to the Client and / or the Client's Trading Account(s) upon the demand order or request of the Exchange or any other authority having jurisdiction over RHBIB or any government authority, statutory body or court of law and further agrees and undertakes irrevocably and unconditionally to provide such information and documents as RHBIB may reasonably require for the purpose of complying with AMLA. The Client also acknowledges that RHBIB may transfer or disclose any information relating to the Client and / or the Client's Trading Account for the purpose of compliance and risk management to any regulatory body, its auditors, legal counsels and other professional advisors. | |||||||||||||||||||||||||||||||||
| 18.2 | In order for RHBIB to discharge its functions under this Terms and Conditions or pursuant to the relevant laws or regulations, the Client hereby acknowledges that RHBIB may engage service providers or such other persons via an outsourcing arrangement or any other arrangements to provide services to RHBIB (including mailing services, information technology services, data processing, statistical and risk analysis and other services determined from time to time). The Client hereby acknowledges that in the course of providing the services to RHBIB, such service providers or such other persons may have access to certain information and documents relating to the Client's and the Client's Trading Account, and thereby, the Client agrees that such disclosure of information and documents is permissible. | |||||||||||||||||||||||||||||||||
| 18.3 |
In addition to the above, the Client hereby expressly authorise and permit RHBIB and its officers to divulge, reveal or disclose any information relating to the Client's Trading Account(s) to:
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| Without prejudice to the generality of Clause 15, RHBIB will not be responsible for any loss suffered by the Client due to or resulting directly or indirectly from any governmental action, suspension of trading, any action, decision or ruling of any market, exchange or clearing house, any war, strike, national disaster, delays in postal services or other delay or errors or omissions, or inaccuracy in the transmission of orders or other information or the action of any other person or any other matter whatever beyond RHBIB's control (including floor broker, exchange or clearing house error). All price quotations given to the Client are also subject to change and errors as well as delays in reporting and the Client acknowledges that reliance upon such information is at the Client's own risk. | |||
| This Terms and Conditions and the documents referred to herein constitute the whole Terms and Conditions between the parties and RHBIB may with or without notice to the Client vary, alter or amend any of the terms of this Terms and Conditions from time to time or in order to conform with any Rules which affect or may affect RHBIB's activities or if RHBIB reasonably deems that any governmental, regulatory or judicial act or decision or any other event of whatever nature renders such action reasonably necessary or desirable. | |||
| RHBIB may at any time assign any or all of its rights of obligations under this Terms and Conditions to such other person as it deems fit. The Client shall not be permitted to assign any of its rights or obligations under this Terms and Conditions without the prior written consent of RHBIB, and the Client shall not be entitled, or purport, to mortgage, pledge, charge or otherwise deal with any of such Terms and Conditions otherwise than as envisaged by this Terms and Conditions. | |||
| 22.1 | Either party may terminate this Terms and Conditions at any time by giving the other ten (10) business days' notice in writing to that effect. Upon termination of the Terms and Conditions, unless otherwise agreed in writing, RHBIB will close-out all the Client's Derivatives open positions, close-out, abandon or exercise any options not yet exercised provided all outstanding commissions, fees and other liabilities (including provisions for liabilities RHBIB may incur) shall have been settled. Termination shall not affect any obligations or liabilities between RHBIB and the Client that are existing or were created prior to termination pursuant to this Terms and Conditions. | |||||||||||||||||||||||
| 22.2 |
Irrespective of Clause 22.1 above, RHBIB may withdraw its services and thereby terminate this Terms and Conditions with immediate effect by giving prior written notice to the Client in the following circumstances:
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| The Client in relation to dealings on the Exchange appoints the Chief Executive Officer of the Clearing House as the Client's agent or attorney, applicable as the case may be, to do all things necessary to transfer any open positions held by RHBIB on the Client's behalf to another trading participant where the participantship of RHBIB has been suspended or terminated. | |||
| The Client acknowledges receipt of a risk disclosure statement from RHBIB and after reading (or explanation by RHBIB) and understanding the same. The Client states that the Client has considered the Client's own objectives, financial situation, needs and risks involved and has formed the opinion that dealing in Derivatives Contracts is suitable for the Client. | |||
| The Client agrees that this Terms and Conditions governs the Client's trading relationship with RHBIB and must be read together with any other Terms and Conditions signed in so far as it relates to trading in Derivatives contract, between the Client and RHBIB and / or its subsidiaries and / or its authorised nominees. | |||
The Client hereby acknowledges that it has received documents containing the following from RHBIB:
| 26.1 | an explanation of the nature of the Derivatives; | |||
| 26.2 | an explanation of the nature of the obligations assumed by the Client who instructs a futures broker to enter into a Derivatives transaction; | |||
| 26.3 | a risk disclosure statement referred to in Clause 24. The Client further acknowledges that RHBIB has explained the contents of the risk disclosure statement; and | |||
the Client further acknowledges and agrees that the Trading Account(s) shall be handled in accordance with the Rules and that the Client, whether acting alone or in concert with others, will not violate the position limit or the exercise limit as set by the Exchange from time to time.
| The information made available to the Client (including the pricing of the derivatives) from the online portal of RHBIB is provided solely on the basis that the Client will be responsible for making his or her own assessment of the information displayed and the Client is advised to verify all relevant information and obtain independent investment advice before acting on any information contained in the online portal. RHBIB shall not be responsible for any decision made or action taken by the Client in reliance upon the information displayed in the online portal and anything provided thereunder. | |||
| 28.1 | This Terms and Conditions and all rights, obligations and liabilities hereunder shall be governed by and construed in accordance with the laws of Malaysia and may be enforced in accordance with the laws of Malaysia. | |||
| 28.2 | Disputes arising from this Terms and Conditions or from any contract shall, for RHBIB's benefit, be subject to the non-exclusive jurisdiction of the Malaysian courts to which both parties hereby irrevocably submit, provided however that RHBIB shall not be prevented from bringing an action in the courts of any other competent jurisdiction. | |||
| 28.3 | In the event of any discrepancy, inconsistency, conflict or ambiguity between the English and the Bahasa Malaysia versions of the Terms and Conditions, the English version shall prevail. | |||
| 1.1 |
EFFECT OF "LEVERAGE" OR "GEARING"
Transactions in Derivatives carry a high degree of risk. The amount of initial margin is small relative to the value of the Derivatives contract so that transactions are "leveraged" or "geared". A relatively small market movement will have proportionately larger impact on the funds you have deposited or will have to deposit – this may work against you as well as for you. You may sustain a total loss of initial margin funds and any additional funds deposited with RHBIB to maintain your position. If the market moves against your position or margin levels are increased, you may be called upon to pay substantial additional funds on short notice to maintain your position. If you fail to comply with a request for additional funds within the time prescribed, your position may be liquidated at a loss as you will be liable for any resulting deficit. |
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| 1.2 |
RISK-REDUCING ORDERS OR STRATEGIES
The placing of certain orders (e.g. "stop-loss" orders, where permitted under the business rules of an exchange company) which are intended to limit losses to certain amounts may not be effective because market conditions may make it impossible to execute such orders. Strategies using combinations of positions such as "spread" and "straddle" positions may be as risky as taking simple "long" or "short" positions. |
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| 2.1 |
VARIABLE DEGREE OF RISK
Transactions in option carry a high degree of risk. Purchasers and sellers of options should familiarise themselves with the type of options (i.e. put or call) which they contemplate trading and the associated risks. You should calculate the extent to which the value of the options must increase for your position to become profitable, taking into account the premium and all transaction costs. The purchaser of option may offset or exercise the options or allow the options to expire. The exercise of an option results either in a cash settlement or in the purchaser acquiring or delivering the underlying instrument. If the option is on a futures contract, the purchaser will acquire a long or short position (as the case may be) in relation to the futures contract, with associated liabilities for margin. If the purchased options expire worthless, you will suffer a total loss of your investment (which is the option premium) in addition to incurring transaction costs. If you are contemplating purchasing deep-out-of-the-money options, you should be aware that the chance of such options becoming profitable ordinarily is remote. Selling ("writing" or "granting") an option generally entails considerably greater risk than purchasing options. Although the premium received by a seller is fixed, the seller may sustain a loss well in excess of that amount. The seller will be liable for additional margin to maintain the position if the market moves unfavourably. The seller will also be exposed to the risk of the purchaser exercising the option and the seller will be obligated to either settle the option in cash or to acquire or deliver the underlying instrument. If the option is on a futures contract, the seller will acquire a position in the futures contract with associated liabilities for margin. If the option is "covered", for example by the seller assuming a corresponding long position in the underlying that is the subject of the option, the risk may be reduced. If the option is not covered, the risk of loss can be unlimited. Certain exchanges in some jurisdictions permit deferred payment of the option premium, exposing the purchaser to liability for margin payments not exceeding the amount of the premium. The purchaser is still subject to the risk of losing the premium and transaction costs. When the option is exercised or expires, the purchaser is responsible for any unpaid premium outstanding at that time. |
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| 3.1 |
TERMS AND CONDITIONS OF CONTRACTS
You should ask the derivatives broker with whom you deal about the terms and conditions of the specific Derivatives which you are trading and associated obligations (e.g. the circumstances under which you may become obligated to make or take delivery of the underlying instrument of a Derivatives and, in respect of Derivatives that are eligible exchange-traded options or futures options ("options"), expiration dates and restrictions on the time for exercise). Under certain circumstances, the specification of outstanding contracts (including the exercise price of an option) may be modified by the Exchange or Clearing House to reflect changes in the underlying instrument or state of affairs that is the subject of the Derivatives. |
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| 3.2 |
SUSPENSION OR RESTRICTION OF TRADING AND PRICING RELATIONSHIP
Market conditions (e.g. illiquidity) and / or the operation of the rules of certain markets (e.g. the suspension of trading in any contract or contract month because of price limits or "circuit breakers") may increase the risk of loss by making it difficult or impossible to effect transactions or liquidate / offset positions. If you have sold options, this may increase the risk of loss. Further, normal pricing relationships between the underlying and the Derivatives may not exist. This can occur when, for example, the absence of an underlying reference price may make it difficult to judge "fair" value. |
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| 3.3 |
DEPOSITED CASH AND SECURITIES
You should familiarise yourself with the protections accorded to money or other securities you deposit for domestic and foreign transactions, particularly in the event of a derivatives broker's insolvency or bankruptcy. The extent to which you may recover your money or securities may be governed by specific legislation or local rules. In some jurisdictions, securities which had been specifically identifiable as your own will be pro-rated in the same manner as cash for purposes of distribution in the event of a shortfall. |
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| 3.4 |
COMMISSION AND OTHER CHARGES
Before you begin to trade, you should obtain a clear explanation of all commission, fees and other charges for which you will be liable. These charges will affect your net profit (if any) or increases your loss. |
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| 3.5 |
CURRENCY RISKS
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. |
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| 3.6 |
TRADING FACILITIES
Most open-outcry and electronic trading facilities are supported by computer-based component systems for the order-routing, execution, matching, registration or clearing of trades. As with all facilities and systems, they are vulnerable to temporary disruption or failure. Your ability to recover certain losses may be subject to limits on liability imposed by the system provider, the market, the clearing house and / or derivatives brokers. Such limits may vary – you should ask the derivatives broker with which you deal for details in this respect. |
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| 3.7 |
ELECTRONIC TRADING
Trading on an electronic trading system may differ not only from trading in an open-outcry market but also from trading on other electronic trading systems. If you undertake transactions on an electronic trading system, you will be exposed to risks associated with the system including the failure of hardware or software. The result of any system failure may be that your order is either not executed according to your instructions or is not executed at all. |
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| "Terms and Conditions" | the terms and conditions as stated herein governs the terms for trading in Derivatives; | |||
| "Applicable Regulations" | means (i) Capital Markets and Services Act, 2007 ("CMSA") or any applicable laws, rules and regulations of the relevant regulatory authorities governing the activities of trading in Contracts as defined in the Terms and Conditions; and (ii) the Rules of the relevant Exchange or Specified Exchange; as are in force from time to time; | |||
| "RHBIB" | means RHB Investment Bank Berhad; | |||
| "Derivatives" | as defined in the General Terms and Conditions; | |||
| "Client" | as defined in the General Terms and Conditions; | |||
| "Trading's Account" | means the client's account described in the General Terms and Conditions for trading in Derivatives; | |||
| "DMA Service" | means any dealing, order routing or other services that is subject to the DMA T&C provided from time to time by RHBIB to the Client via the internet, electronic means or otherwise; | |||
| "DMA T&C" | means the terms and conditions governing the dealing, order routing or other DMA Services transacted via the DMA Service; | |||
| "Exchange"" | as defined in the Terms and Conditions; | |||
| "Software" | means all computer programs (and any components thereof) which is part of the DMA Service made available by the system vendor(s) appointed by RHBIB. | |||
| "System" | means all computer hardware and software, equipments, network facilities and other resources and facilities needed to enable the Client to access the DMA Service; | |||
| "Users" | means persons authorised by the Client to use the DMA Service. | |||
| 2.1 | all decisions and / or orders made through the DMA Service are at the Client's sole risk and any instructions received by RHBIB vide the DMA Service, RHBIB shall deem that such instruction is a valid instruction and is irrevocable and RHBIB is not obliged to enquire into the validity of any such instructions received and / or to take any steps to reject it unless so required by the Applicable Regulations. | |||
| 2.2 | if, for any reasons, RHBIB is not able to complete the transactions through the DMA Service, RHBIB may, without obligation, provide the Client with further information advising the Client other alternative means of transaction. However, the Client accepts and agrees not to hold RHBIB liable should RHBIB fail or delay in informing the Client of the alternative mode. | |||
| 2.3 | unless otherwise indicated or agreed, any prices shown on the DMA Service or elsewhere on RHBIB's behalf are indicative at the time shown and are based on data that is subject to constant change. The execution price is that which is confirmed to the Client on the confirmation issued (whether on-screen or otherwise) after the Client order is executed and this price may, in certain cases, differ from the price appearing on the screen at the time the offer was made. | |||
| 2.4 | although RHBIB uses reasonable endeavors to ensure that the DMA Service remains accessible, there are risks in trading through the DMA Service. The Client's access to the DMA Service cannot be assured in all circumstances as a result of communications and / or System failure, breakdown or other malfunction, including, without limitation, errors in computer programs and telecommunication systems. This System failure may result in, among other things, a delay in telecommunication to the Client, interrupted DMA Service, faults, inaccuracies in the provision of DMA Service or inaccuracies in general. | |||
| 2.5 | RHBIB shall not be liable for any losses, costs or other charges that the Client may incur or suffer arising from price fluctuations or otherwise during any period of unavailability of the DMA Service. | |||
| 2.6 | the Client understands and agrees that, depending on the jurisdiction where the Client access the DMA Service, not all Exchange, products or features of the DMA Service may be made available to the Client, if prohibited by local law or otherwise. | |||
| 2.7 | the DMA Service is not RHBIB's proprietary system and has been licensed to RHBIB by the system vendor. Accordingly, RHBIB does not in any way endorse or recommend the DMA Service, and the Client's use of the DMA Service is at all times by the Client's own choice and risk. | |||
| 2.8 | the electronic nature of the DMA Service and the inherent risk that communications by electronic means may not reach their intended destination or may do so later than intended for reasons outside RHBIB's control; and | |||
| 2.9 | the provision of the DMA Service may involve information being transmitted over the internet and / or other means of telecommunication tools including but not limited to leased lines. RHBIB take reasonable steps to avoid information being intercepted and read by third parties; however, it is not always possible to avoid someone other than RHBIB gaining access to information about the Client and the Client's dealings with RHBIB. | |||
| 3.1 | The Client or Users shall enter orders and trade in compliance with the Applicable Regulations and / or any amendments to the Applicable Regulations. | |||
| 3.2 | The Client or Users will access the DMA Service solely for the Client's to trade for Derivatives and the Client or Users shall not utilize the DMA Service for any other purposes or business activities. | |||
| 3.3 | The Client hereby expressly authorises each Users to act for and on the Client's behalf when accessing and / or utilising the DMA Service. | |||
| 3.4 | The Client shall accept all responsibilities for trading using the DMA Service and for any trading or other decisions made by the Client or Users. | |||
| 3.5 | The Client is to ensure all Users are trained (at the Client's own costs), qualified and authorised to transact any Derivatives by accessing the DMA Service. | |||
| 3.6 | The Client shall ensure that all Users are familiar with and adhere to the DMA T&C and the operation of the DMA Service. The Client hereby expressly authorises each Users, on the Client's behalf, to receive information about the DMA Service and to accept any changes to the DMA T&C and all other relevant terms and conditions of operation. | |||
| 3.7 | The Client agrees and acknowledges that every person accessing the DMA Service (whether or not such person is, in fact, a duly authorised Users) will be deemed by RHBIB to be authorised to act on the Client's behalf and that the Client is responsible for all transactions executed under the Client's Trading Account. | |||
| 3.8 | The Client is to ensure all Users are being informed of any verbal instructions or directions given by RHBIB from time to time in respect of trading using the DMA Service.- | |||
| 3.9 | The Client is responsible for providing and maintaining the means by which the Client accesses the DMA Service including all equipment and networks and to ensure that no computer viruses, worms, malicious software or similar items are introduced into the hardware or software while accessing the DMA Service. | |||
| 3.10 | The Client is advised to maintain alternative method(s) to receive data, to convey or route orders and to receive reports or confirmations in the event the DMA Service is unavailable. | |||
| 3.11 | The Client agrees that the Client will not supply, show or make available or permit to be supplied, shown or made available any Exchange data to any third party in any manner without the prior written approval from RHBIB and that the Client will comply in full with the terms and conditions set out in any additional terms and conditions required by the RHBIB or the Exchange. | |||
| 4.1 | RHBIB reserves the right to reject the Client's application for DMA Service without assigning any reason whatsoever. | |||||||||||||||||||||||||||||||||
| 4.2 | RHBIB has the right to set limits and / or parameters or other controls on the order and size, total exposure or types of Derivatives that RHBIB considers appropriate to control the Client's ability to access the DMA Service which maybe amended or varied by RHBIB without notice. | |||||||||||||||||||||||||||||||||
| 4.3 | RHBIB has the right to refuse any orders transmitted by the Client using the DMA Service at any time without notice. | |||||||||||||||||||||||||||||||||
| 4.4 | RHBIB reserves the right to make such modifications, improvements or additions to the DMA Service or any part of parts thereof as RHBIB may deem fit. RHBIB will give the Client the notice of such modifications, improvements or additions. | |||||||||||||||||||||||||||||||||
| 4.5 |
RHBIB has absolute right to suspend, discontinue or withdraw temporarily or permanently or amend all or any part of the DMA Service and / or DMA T&C at any time or to summarily terminate the DMA Service for any of the following reasons (including but not limited to):
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| 5.1 | Without prejudice to any other term(s) of the Terms and Conditions and the DMA T&C relating to the limitation of liability, RHBIB will have no liability to the Client in relation to any loss or damage that the Client may suffer, whether directly or indirectly, as a result of any delay or defect in or failure whilst accessing the DMA Service. | |||
| 5.2 | RHBIB will have no liability to the Client, whether in contract or in tort, including negligence, in the event that any viruses, worms, malicious software or similar items are introduced into the Client's system via the link to the DMA Service or RHBIB's other software, provided that RHBIB has taken reasonable steps to prevent such introduction. | |||
| 5.3 | In no event will RHBIB be liable for any special, indirect, incidental, punitive or consequential loss or damage (including, without limitation, loss of business, loss of profit, failure to avoid a loss, loss or corruption of data, loss of goodwill or reputation or wasted management time) that may be incurred or experienced by the Client pursuant to the use of the DMA Service, even if RHBIB had prior knowledge or notice of the possibility of such damages arising. | |||
| 5.4 | Unless expressly stated otherwise in the DMA T&C, the DMA Service is provided to the Client on an ‘as is' basis at the Client's sole risk and RHBIB makes no representation or warranty, express or implied, including (without limitation) any warranty of merchantability or fitness for a particular purpose, to the Client regarding the DMA Service, nor do RHBIB warrants that the operation of the DMA Service will be uninterrupted or entirely error free. | |||
| 5.5 | RHBIB, Bursa Malaysia Derivatives Berhad ("BMDB") and Bursa Malaysia Berhad ("BMB") (including its related companies, directors, connected parties and / or their employees) make no representation and / or warranty, express or implied or statutory, in respect of the DMA Service and / or the OMS Services. | |||
| 5.6 | In no event shall RHBIB, BMDB and / or BMB be liable for any claim or demand, whatsoever and howsoever arising, in relation to the DMA Service and / or the OMS Services, save in the case of fraud and willful default by RHBIB, BMDB and / or BMB. For the avoidance of doubt, RHBIB, BMDB and / or BMB shall not be liable for any losses or damages caused as a result of any inability to trade or curtailment of any trading opportunities howsoever arising, including, but not limited to the failure, malfunction and / or breakdown of the DMA Service and / or the OMS Services. | |||
| 6.1 | In connection with the DMA Service, the RHBIB may give the Client a login name(s) and / or password(s). The Client accepts full responsibility for the use and protection of this login name(s) and password(s). | |||
| 6.2 | The Client agrees that RHBIB is unable to know whether someone other than the Client is accessing RHBIB's DMA Service when using the Client's login name(s) and password(s). It is the Client's obligation to maintain the Client's authorized Users' access to the DMA Service confidential and the Client is solely liable for the use of the DMA Service by anyone accessing it with the Client's login name(s) and password(s). | |||
| The Client acknowledges that access to and use of all or part of the DMA Service may be restricted or prohibited by the Applicable Regulations in certain jurisdictions. The Client acknowledges that RHBIB is not in a position to provide advice on any such restrictions and prohibitions. The Client undertakes that the Client and any Users acting on the Client's behalf is familiar with and adhere to such applicable restrictions and / or prohibitions. | |||
| 8.1 | The DMA Service may include software provided by the system vendor(s) appointed by RHBIB. The Client and its Users will not, in any circumstances, obtain any titles and / or interest including rights in intellectual property in the Software and databases contained in the DMA Service. | ||||||||||||||||||
| 8.2 |
The Client may use the Software or databases contained in the DMA Service solely to the extent necessary for the use of the DMA Service in accordance with the DMA T&C. The license is personal, non-exclusive, non-transferable and will expire on the termination of the DMA Service for any reason. In particular (including but not limited to):
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| 8.3 |
If RHBIB makes available to the Client any equipment in connection with the DMA Service:
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| The use of any third party products, services, websites or networks is not an endorsement of such products, services, the websites or networks. RHBIB may allow the Client to access websites and networks provided by persons other than RHBIB, RHBIB's subsidiaries and / or the associated companies via a hypertext or other link. RHBIB accepts no responsibility or liability of any kind in respect of any materials on any websites or networks. | |||
| 10.1 | The Client will be responsible for the provision of all equipment and network DMA Services necessary for carrying out electronic trading with RHBIB using the DMA Service. When the Client install the Software the Client will be responsible for ensuring that the Software is compatible with the Client's system. | |||
| 10.2 | The Client will be responsible for all maintenance and support DMA Services required in order for the Client to gain access to the DMA Service, with the exception of maintenance and support DMA Services relating to the Software. | |||
| 10.3 | The Client will, from time to time, run such tests and provide such information to RHBIB as RHBIB reasonably considers necessary to establish the functionality of access to the DMA Service. | |||
| 10.4 | RHBIB reserves the right to make such modifications, improvements or additions to the DMA Service or any part of parts thereof as RHBIB may deem fit. RHBIB will give the Client the same notice of such modifications, improvements or additions as RHBIB gives to all other Users. | |||
| 10.5 | The Client will accept any updates or modifications to the Software and / or the System that RHBIB considers reasonable or necessary in respect of the DMA Service. For the avoidance of doubt, the latest version / iteration of the Software and / or System will, subject to the Applicable Regulations, be made available to the Client no later in time than that provided generally to other Clients. | |||
| 11.1 | The Client shall not hold RHBIB and / or any of RHBIB's officers, employees and agents responsible or liable for whatever losses incurred as a result of the acts, representations and / or omissions of RHBIB's officers, employees and agents in carrying out their duties in connection with the Client's Account. | |||||||||||||||||||||||
| 11.2 |
The Client agrees to indemnify and hold RHBIB harmless against any and all costs of any kind the Client may sustain due to:
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| 12.1 | The Client represents and warrants to RHBIB that all relevant laws, regulations, directives, market requirements regarding the use of the DMA Service have been complied with. | |||
| 12.2 | The Client undertakes to perform such acts, sign and execute such other documents as and when required by RHBIB. | |||
| 12.3 | The Client agrees to be bound by the DMA T&C and agrees that the DMA T&C must be read together with the Terms and Conditions executed by the Client. The terms in the DMA T&C shall be considered supplementary to the Client's Terms and Conditions and / or equivalent written Terms and Conditions with RHBIB. | |||
| 12.4 | The Client acknowledges and agrees that RHBIB and / or other regulatory bodies reserve the right to access to the Client's terminals for supervisory purposes at any such time RHBIB and / or the regulators deem fit. | |||
| 12.5 | The Client declares that the Client fully understood and is aware of the process for submission of orders and the laws, rules and / or regulations of the DMA governing such submission(s). | |||
| 13.1 | unauthorised use of the DMA Service; | |||
| 13.2 | loss or theft of the Client's password or login ID; | |||
| 13.3 | unauthorised use of any of the Client's password, the DMA Service or any information; | |||
| 13.4 | failure to receive confirmation through the DMA Service that an order by the Client had been received or executed; | |||
| 13.5 | receipt of confirmation of an order which the Client did not place; and | |||
| 13.6 | receipt of inaccurate report, information, contract note or any other document from RHBIB containing errors or the contents of which the Client disputes. | |||
| RHBIB shall not be liable if failure to perform any of its obligations hereunder is caused by supervening conditions beyond RHBIB's reasonable control, including acts of God, civil commotions, strikes, labor disputes, wars, terrorist activities, governmental demands or suspensions and limitation imposed by the relevant Exchanges or regulators. | |||
| 15.1 | The DMA Service may be terminated by either party upon three (3) months written notice. | |||
| 15.2 | Upon termination of the DMA Service, the Client will continue to be liable for any costs of the network RHBIB may have provided to the Client upon the Client's request to access the DMA Service and the costs of the DMA Service charged by the system vendor. Upon termination of the DMA Service, the Client shall cease to use the DMA Service, and upon RHBIB's request, the Client shall return to RHBIB or destroy, all Software, all security features and documentation RHBIB may have provided the Client with, in connection with the DMA Service and shall provide to RHBIB upon RHBIB's request a written statement certifying that the Client has satisfied to the Client's obligations hereunder. | |||
| 15.3 | Termination of the DMA Service or of the Client's use of the DMA Service for any reason shall have no impact on RHBIB's rights or the Client's obligations under the Terms and Conditions and / or any other Terms and Conditions with RHBIB or with RHBIB's subsidiaries and / or associated companies. | |||
| 16.1 | A single or partial exercise or waiver of a right relating to this terms and conditions does not prevent any other exercise of that right or the exercise of any other right. | |||
| 16.2 | No party shall be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right. | |||
| 16.3 | RHBIB may at its absolute discretion amend, delete or substitute any of the terms herein or add new terms without having to give the Client any prior written notice. | |||
| In case of a conflict between a term in the DMA T&C and the Terms and Conditions related to the Client's use of the DMA Service, the terms in the DMA T&C shall prevail. | |||
| If any provision of these terms and conditions or part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. | |||
| The DMA T&C is governed by the laws as specified in the Terms and Conditions. | |||
| I / We hereby request for lower intraday margin requirement to conduct day trading activities and in consideration thereto, I / we agree to abide by the following terms and conditions stated herein: | ||||
| 1 | Day trading activities applies to trade of particular derivatives contract where the outstanding positions are settled against opposite positions of the same derivatives contract when the contracts are transacted on the same contract date. | |||
| 2 | The intraday margin requirement shall be a percentage of the full initial margin requirement for respective contracts. RHBIB reserves the right to vary the said percentage from time to time as and when deemed reasonable. | |||
| 3 | RHBIB is at liberty to liquidate all or part of my / our outstanding position at RHBIB's discretion if I / we fail to close the outstanding positions on the same trading day. | |||
| 4 | RHBIB may terminate this lower intraday margin requirement without further reference to me / us if I / we hold intraday positions overnight without full overnight margin requirement | |||
| 5 | RHBIB reserves the right not to accept day trading orders if my / our trading account is on margin call | |||
| 6 | RHBIB may amend the Terms and Conditions at its absolute discretion with or without notice. | |||
| 7 | I / We further confirm herein that I / we shall continue to be bound by all the terms and conditions stipulated in the Terms and Conditions - and the trading of derivatives contracts shall be subject to any additional terms and conditions imposed and / or to be imposed and / or revised by RHBIB at its absolute discretion with or without notice. | |||
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I / We ("The Client") as Muwakkil (principal) by signing to open an Islamic Trading Account for trading in securities under the Islamic Broking Scheme, hereby appoint RHB Investment Bank Berhad ("RHBIB") under the Shariah contract of Wakalah to act on the Client's behalf to trade in the Bursa Malaysia Securities Berhad (hereinafter referred to as "Bursa Securities") or any other stock exchanges recognised by Bursa Securities ("Recognised Exchanges").
| 1.1 | I / We hereby declare that I / we have not been adjudicated or declared a bankrupt and have not committed an act of bankruptcy and has no knowledge of any bankruptcy petition presented against me / us in any court of competent jurisdiction (applicable only to individual client). | |||||||||||||
| 1.2 | We hereby declare that we have not convened a meeting of our creditors or propose or make any arrangement or composition with, or any assignment for the benefit of our creditors, nor has a petition been presented or a meeting been convened for the purpose of considering a resolution for the winding up of, or other steps are taken for making of an administration order against us (other than for the purpose of reconstruction) (applicable only to corporate client). | |||||||||||||
| 1.3 | I / We hereby declare that I / we are not under the employment of another Participating Organisation (as defined in the Rules of Bursa Malaysia Securities Berhad) (applicable only to individual client). | |||||||||||||
| 1.4 |
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| 1.5 | The Client acknowledges that this application is subject to the approval of RHBIB and RHBIB has the absolute discretion to approve or reject this application without assigning any reasons thereto. In addition, upon the occurrence of any of the events mentioned in Clauses 1.1, 1.2, 1.3 and / or 1.4 (a) above, the Client agrees and undertakes to immediately cease trading and shall forthwith notify RHBIB in writing of the occurrence of such event(s). The Client agrees that until written notice of such event is given to RHBIB, all orders carried out by the Client under the trading account(s) of the Client shall be valid and enforceable against the Client. | |||||||||||||
| 1.6 | The Client agrees to be bound by the Rules and Regulations of Bursa Securities and any other relevant regulatory body governing dealings in securities quoted on Bursa Securities or the Recognised Exchange Rules, as the same may be in force from time to time and at any time. RHBIB reserves the right to reject any application which does not conform to the requirements of the policies and guidelines set by RHBIB. | |||||||||||||
| 1.7 |
The Client agrees that RHBIB shall be entitled to act upon and the Client shall accordingly be bound by any notice or other communication received by RHBIB and believed by RHBIB to have been given or made by a person authorised by the Client and the transaction executed pursuant to such instructions shall accordingly be binding on the Client. Where any instruction is ambiguous or inconsistent with any other instruction, RHBIB shall be entitled either not to act upon the instruction or to rely and act in accordance with any reasonable interpretation thereof which any officer of RHBIB believes in good faith to be the correct interpretation.
The Client shall not hold RHBIB liable in any way for acting on inconsistent, ambiguous or incomplete instructions. |
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| 1.8 | RHBIB shall not be liable to the Client for acting upon any instructions communicated or purportedly communicated by the Client to RHBIB over the telephone or in writing and signed or purportedly signed by the Client or given or transmitted purportedly or given or transmitted by facsimile or electronic mail notwithstanding that it is subsequently shown that such instruction was not given by the Client. Any risks of misunderstanding, any errors or losses resulting from instructions given by unauthorised persons or any errors, losses or delay resulting from the use of the post, facsimile or electronic mail are entirely the risk of the Client for which RHBIB shall not be liable for. | |||||||||||||
| 1.9 | The Client is aware that signatures on facsimile or electronic mail instruction may be superimposed fraudulently or without proper authority when transmitted to RHBIB and the Client shall give RHBIB facsimile or electronic mail instructions assuming such risks. RHBIB shall not held liable for any losses, damages, expenses, claims or liabilities suffered by the Client as a result of RHBIB acting upon facsimile or electronic mail instructions so long as the signatures appearing on any such facsimile or electronic mail instructions appear on verification to be or purport to be in accordance with the Client's specimen signature. | |||||||||||||
| 1.10 | Where the Client enters into transactions relating to securities other than those quoted on Bursa Securities, such transactions shall wherever applicable be governed by the rules and regulations of Bursa Securities or the Recognised Exchange Rules. | |||||||||||||
| 1.11 | The Client authorises RHBIB to conduct independent verification and / or inquiries in respect of any information declared herein or furnished to RHBIB with the relevant authorities and / or credit reference agencies or any other relevant organisations whether in Malaysia or elsewhere and the Client undertakes to furnish any additional information that RHBIB may require for its assessment of the application and from time to time after the application had been approved. | |||||||||||||
| 2.1 | The Client shall abide by all laws, by-laws, regulations, rules orders, directives prescribed by regulators relating to the operation of the trading account(s), and Central Depository System ("CDS") account, and to the Client's trading activities with RHBIB and to all matters herein including without limitation to the Bursa Rules and the Recognised Exchange Rules and includes any additions, amendments or revisions that may from time to time be introduced and enforced. The Bursa Rules and Recognised Exchange Rules shall hereinafter be collectively referred to as "Exchange Rules". | |||
| 2.2 | The Client agrees to comply with all policies, procedures, guidelines, rules, directives and / or instructions of whatsoever nature presently and from time to time issued, given, made and / or established by RHBIB. | |||
| 2.3 | The Client shall at all times adhere to and comply with the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 ("AMLA") with respect to all transactions or matters whatsoever and howsoever arising whether directly or indirectly with RHBIB and in particular:- | |||
| (a) | shall disclose to RHBIB the particulars of the ultimate beneficial owner of the account in the event the Client is not the ultimate owner of the trading account(s), and / or CDS account (collectively referred to as the "Account(s)"); and | |||
| (b) | shall provide RHBIB with all relevant information and documents, as and when requested, for purposes of identification and verifications of the identity of the Client and verification of the source of funds under the "Know Your Client" principles. | |||
| 2.4 | Further, RHBIB shall when requested by Bursa Securities, Securities Commission Malaysia and / or other relevant authorities, require the Client to disclose and the Client shall be bound to disclose, information and documents in relation to any dealing in securities in respect of the Client's trading account(s) including but not limited to information on whether or not any dealing in the above account is carried out on another person's behalf and in such instance, the name of, and particulars sufficient to identify the person from whom, through whom and on whose behalf the securities are dealt with by the Client. If that person is not the beneficial owner(s) of the securities, the Client shall also be required to procure the particulars of the beneficial owner(s) of the securities. | |||
| 2.5 | In compliance with the applicable laws or regulations in force RHBIB may at its sole and absolute discretion:- | |||
| (a) | refrain from acting until such information as required is furnished by the Client to RHBIB; | |||
| (b) | verify such information received from the Client to its satisfaction; and | |||
| (c) | refrain from doing anything as a result of such information; | |||
| which would or might in RHBIB's opinion, be contrary to any relevant law or regulation and may do anything which is in its opinion necessary to ensure compliance with such law or regulation. RHBIB shall not be liable for any losses or consequences of whatsoever nature arising from or due to events described in this clause. | ||||
| 2.6 | The Client may not be allowed to trade if the trading account(s) has any restriction imposed by RHBIB or by any relevant authority including a cash up-front restriction. RHBIB may at its absolute discretion require the Client to provide cash or equity or both as a deposit before executing any transaction. The Client authorises RHBIB to distribute and / or apportion its trading limit for trading transaction(s) in local securities and foreign securities at the absolute discretion of RHBIB. | |||
| 2.7 | RHBIB shall have the right in its sole discretion to refuse to act upon any particular instruction given by or on behalf of the Client (other than closing out existing open positions held on behalf of the Client) under the Client's trading account(s) without having to assign any reasons whatsoever. If at the request of the Client, RHBIB transacts any business in a name other than of that Client, the Client accepts full liability in respect of all such transactions. | |||
| 2.8 | The relationship between the Client and RHBIB as client and investment bank respectively and all transactions effected by RHBIB in pursuance thereto, shall be governed by Malaysian law. The Client agrees to submit to the non-exclusive jurisdiction of the courts of Malaysia. | |||
| 3.1 | As investment in securities involves risk, the Client agrees that RHBIB shall have the right at any time at its absolute discretion to limit any purchase or sales ordered by the Client. The Client agrees that RHBIB has the right to impose any security or deposit requirement on the Client to secure the purchase of any securities deemed as high risk by RHBIB at the absolute discretion of RHBIB. | |||
| 3.2 | RHBIB shall not be obliged to place any surplus funds in a Commodity Murabahah Deposit-i (time deposits) account or other Islamic deposits account, or to pay return in the form of profit/dividend to the surplus funds in the trading account(s). | |||
| 3.3 | RHBIB may at its absolute discretion to terminate the agreement and / or trading account(s) without notice for any reason whatsoever. Termination will not affect accrued rights, existing commitments or any contractual provision intended to survive termination. If, on termination, any sum is, or may become, due from the Client to RHBIB, the Client shall pay such sum to RHBIB immediately, and without demand. RHBIB is not liable to the Client for any claims or losses which may be suffered by the Client arising out of such termination. | |||
| 3.4 | In the event of failure of the Client to settle or deliver the securities to RHBIB within the required time-frame pursuant to Exchange Rules, the Client authorises RHBIB at its absolute discretion to carry out such "selling-out" or "buying-in" of securities to clear the Client's position with RHBIB. | |||
| 3.5 | RHBIB reserves the right to appoint a Dealer's Representative ("DR") or replace any DR that has been earlier nominated by the Client with or without notice to the Client. | |||
| 3.6 | The Client agrees (i) that this Client's Islamic Trading Account together with all the Client's other accounts with another DR in RHBIB will be linked to one CDS Account; (ii) in respect of contra transactions, the Client shall only conduct sale transactions through the same DR from whom the Client purchased the shares. Any shortfall between the purchase costs and sales proceeds shall be a debt due to RHBIB; (iii) that any payment made or payable shall be automatically utilised to settle the contra losses or any other debit balances incurred under the account into which the payment was made to and any other debit balances in relation to the Client's multiple trading account(s) opened with RHBIB in any manner RHBIB deems fit; (iv) any sales proceeds, contra gains or any sum standing to the credit of any of the Client's Account(s) may be utilised to set-off any amount due and outstanding under any of the Client's Account(s) maintained by the Client with RHBIB in any manner RHBIB deems fit; (v) in the event that the Client shall have an outstanding debt due to RHBIB in any of the Client's Account(s), the Client's Account may be suspended from trading and all related multiple trading account(s) may also be suspended automatically. | |||
| 3.7 | The Client acknowledges that trading under the Islamic Broking Scheme is based on Shariah principles and that RHBIB will only deal for the Client in securities approved as Shariah-compliant by the Securities Commission Malaysia's Shariah Advisory Council ("SCSAC") and/or Shariah Committee of RHB Islamic Bank Berhad. | |||
| 3.8 | In the event securities hold have been reclassified as Shariah non-compliant by the SCSAC and/ or Shariah Committee of RHB Islamic Bank Berhad and if there are Shariah-non compliant securities which are transferred or deposited into the Account, the Client shall undertake to rectify the same by transferring the said securities to a normal (conventional) trading account. RHBIB shall not be responsible for any losses, claims, costs or expenses arising out of the Client's failure to comply with the above. | |||
| 3.9 | Any order/trading instruction given by unauthorized person is STRICTLY PROHIBITED. | |||
| 4.1 | All contract notes, statements of account and other documents relating to the trading account(s) of the Client ("Documents") may be sent by RHBIB to the Client by any of the following modes: | |||
| a. | By ordinary post, addressed to the Client at the Client's last known address. | |||
| b. | By electronic means to the e-mail address provided by the Client as appearing in RHBIB's records. | |||
| c. | By posting the Documents on RHBIB's website. | |||
| Notwithstanding anything stated herein, all such Documents sent to the Client shall be deemed to have been received by the Client (a) in the case of ordinary post, within two (2) days of the date of posting and (b) in the case of electronic mail and posting on RHBIB's website, within twenty four (24) hours from the time the electronic mail is sent or posted. The Client shall be deemed to have accepted the accuracy of any Documents sent / posted by electronic means to the Client if no dispute is raised by the Client thereon within twenty four (24) hours following the expiry of the aforesaid two (2) days (send by ordinary mail) or twenty four (24) hours (send by email or website), as the case may be. | ||||
| 4.2 | If the Client chooses electronic means as one of the modes of delivering or assessing the Documents from RHBIB's website, the Client hereby accepts and assumes the inherent risks in RHBIB issuing, delivering or posting the Documents to the Client via the electronic means including risk of delays. In the event of RHBIB's system failure, the Client further authorises RHBIB to issue and deliver the Documents to the Client by ordinary post or by way of facsimile at the number provided. The Client further agrees that the instructions for the e-mail address(es) (and if applicable, the facsimile number) provided shall remain valid until written instructions are given by the Client and received by RHBIB for revocation and / or amendment of the said instructions, as the case may be. | |||
| 4.3 | RHBIB shall be entitled to vary, revise or amend the provisions of the General Terms & Conditions herein at any time with or without notice to the Client. The Client is deemed to have been notified of such variation, upon such variation being made available on the website(s) of RHBIB or being made available at the principal office or respective branches of RHBIB and the Client is deemed to have accepted such variation, revision, amendment and / or modification in the event the Client continues to trade in the trading account(s). The relevant provision of this General Terms & Conditions shall thereafter be deemed to have been varied, revised, amended and / or modified accordingly and shall be read and construed as if such variations, revisions, amendments and / or modification had been incorporated in and formed part of the General Terms & Conditions. | |||
| 5.1 | The Client shall pay to RHBIB all brokerages, late payment charge (if any) and other charges relating to transactions for the Account(s) of the Client which RHBIB may charge from time to time, including legal fees incurred by RHBIB on a solicitor and client basis in the enforcement of any of the Client's obligations and liabilities therewith. RHBIB shall be entitled to charge to the Account of the Client Brokerage (Wakalah) fees for acting on behalf of the Client in the trading of securities and RHBIB entitled to revise the brokerage fees at its sole discretion from time to time with or without notice to the Client. | |||
| 5.2 | Cheque(s) / banker's draft(s) issued in payment must be made payable to "RHB INVESTMENT BANK BERHAD". RHBIB will not be held responsible where the Client issues payment which are made payable to a third party's name. | |||
| 5.3 | In making payments in the form of cheque or banker's draft, the Client shall state clearly on the reverse side of the cheque / banker's draft the Client's name, Account(s) number and nature of the payment, e.g. contract number, quantity and name of the securities, contra loss reference and such particulars as may be necessary to allow RHBIB to identify the purpose for which the payment is made. RHBIB shall not be held liable for any cheques(s) / draft(s) that may be lost, misplaced or misappropriated if such cheques(s), draft(s) had been given by the Client to any person other than a duly authorised personnel or agent of RHBIB. | |||
| 5.4 | In making payments by way of telegraphic transfer or by way of direct deposit of monies into the bank account of RHBIB, it shall be the responsibility of the Client to ensure that adequate and timely notice is given to RHBIB regarding the effecting of such payment and such notification shall include the telegraphic transfer confirmation slip, the bank-in slip, the Client's name, Account(s) number and nature of payment, e.g. contract number, quantity and name of securities, contra loss reference and such particulars as may be necessary to allow RHBIB to identify the purpose for which the payment is made. RHBIB shall not be held liable for any payment effected by way of telegraphic transfer or direct deposit monies into the bank account of RHBIB that may be erroneously credited into a third party's account or unaccounted for by reason of insufficient or untimely information provided by the Client as required above. | |||
| 5.5 | In the event the Client fails to provide adequate and clear particulars with regard to the nature and purpose of any of its payment referred to in Clause 5.3 and Clause 5.4, RHBIB shall be absolutely entitled to apply the payment(s) in such manner as RHBIB may in its absolute discretion deem fit. | |||
| 5.6 | RHBIB's statement to the Client as to the amount due and payable to RHBIB shall save for manifest error, be conclusive evidence that such amount is in fact due and payable from the Client to RHBIB. | |||
| 5.7 | RHBIB shall at all times have a general and continuing lien over all or any of the securities and monies in its custody to secure the payment of all monies due and payable under these General Terms & Conditions. The Client authorises RHBIB to deal, in any manner whatsoever as RHBIB shall deem fit, with all or any of the securities and monies in the relevant Account(s) including without limitation withholding or rejecting the transfer of securities for or under the relevant Account(s) for which the Client has remitted payment until cleared funds have been received by RHBIB. The Client shall not be entitled to withdraw any monies or securities held by RHBIB pending the payment in full of any indebtedness of the Client to RHBIB. | |||
| 5.8 | RHBIB may set off or transfer any sum or deposit standing to the credit of any other bank accounts of the Client with other entities within RHB Banking Group (including RHB Bank Berhad and RHB Islamic Bank Berhad) in or towards satisfaction of any of the Client's liabilities to RHBIB under these General Terms & Conditions. | |||
| 5.9 | For cash/cheque/Demand Draft/ Cashier's Order deposits or funds transmitted via Telegraphic Transfers into RHBIB's bank account(s), photocopy or image of the cheque(s) or the application form for the remittance(s) is/are to be submitted together with the bank-in slip of any transaction RM50,000.00 and above or such other amount as maybe determined by RHBIB at its sole discretion for verification purposes. | |||
| 5.10 | Third party depositor is extended to only immediate family members (spouse, parents, siblings and children, i.e. supported by marriage certificate/birth certificate and/or other supporting documents to indicate their relationship). For corporate account, it is only applicable to subsidiary/company within the same group. | |||
| 5.11 | Splitting of clients' payments and crediting into more than one client accounts are strictly prohibited. | |||
| 5.12 | RHBIB shall not be held liable for any losses or damages arising from reversal of payment from unauthorised third party account. | |||
| 6.1 | RHBIB shall accept no responsibility for the decision of the Client to issue any instructions to RHBIB to purchase or sell securities. All instructions from the Client are accepted by RHBIB on the basis that they constitute the Client's own judgment arrived at independently. Where the Client's Account with RHBIB shows a debit balance, RHBIB shall be entitled at its absolute discretion to do any of the following in order to set-off the debit balance in the Client's Account:- | |||
| (a) | sell-off the Client's securities it may hold in its nominee's custody or securities held in the Client's CDS account at any price that RHBIB deems fit and apply the proceeds thereof towards reducing the Client's liabilities; | |||
| (b) | utilize the proceeds of any sale of securities made pursuant to the Client's instruction whether such securities are held in its or its nominee's custody or in the Client's CDS account or otherwise; | |||
| (c) | utilize part or all of any monies paid into the Client's trading account(s) pursuant to Section 111 of the Capital Markets and Services Act 2007 (and as amended from time to time); | |||
| (d) | consolidate the trading account(s) held in the Client's name with RHBIB. The Client agrees and gives consent for RHBIB to use, set-off, apply any part or all the monies in the trading account(s) and / or sell part or all securities held in the Client's CDS account maintained with RHBIB and apply the said monies and / or proceeds of sale of such securities towards settlement of outstanding contra loss or any other dues that are outstanding in the Client's Account(s) so consolidated; | |||
| (e) | in addition to the rights above, the Client agrees that RHBIB may restrict, refuse or withhold the Client's request for transfer of any securities (including paid shares) from the Client's CDS account in the event of a debit balance in the Client's trading account(s). | |||
| 6.2 | In relation to any fixed deposits / stocks / shares / securities / properties pledged by the Client to RHBIB as collateral ("Pledged Securities"), the Client hereby authorises RHBIB to sell or dispose the whole or part of the Pledged Securities at any time without notice to the Client and utilize the proceeds to offset and discharge the Client liabilities and obligations with RHBIB whether in relation to the Pledged Securities or otherwise. The Client further agrees that RHBIB shall not be liable for any losses or damages of whatsoever nature and howsoever arising from the exercise of RHBIB's discretion. | |||
| 6.3 | RHBIB always reserved the right to debit client's trading account without having or to get the client's prior consent by comply with CMSA sections 113(1) and 118(3). | |||
| 7.1 |
CONTRA GUIDELINES FOR TRADING OF SECURITIES LISTED ON BURSA SECURITIES
Settlement by way of "contra" for outstanding purchase positions against outstanding sales positions of the same securities done on Ready Basis may be allowed at the sole discretion of RHBIB, subject to the following terms and conditions:- |
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| (a) | settlement by way of contra in respect of any purchase contract(s) may only be effected not later than 2.00 pm on the 3rd market day following the contract date as prescribed by Bursa Securities, hereinafter known as "Due Date". Any sales transacted up to the Due Date for the outstanding purchases will be auto-contra on a first-in-first-out ("FIFO") basis or such other basis as may be determined by RHBIB. Clients who subscribe for other trading facilities are bound by the contra sequence and / or settlement period specific to the trading facilities which may be varied from time to time at the absolute discretion of RHBIB. | |||
| (b) | purchase positions on Ready Basis contract(s) that remain unsettled after the Due Date (refer to as "Overdue Purchase Contract(s)") will be closed off and / or force-sold on the next market day. RHBIB shall impose relevant late payment charge which comprises ta'widh (compensation) and gharamah (penalty) at its prevailing prescribed rate(ii) on the Overdue Purchase Contract(s) or on the contra loss remain outstanding pursuant to the close off and / or force sell thereof. | |||
| (c) | RHBIB reserves the right to withhold payment of contra gains should the Client have any unsettled purchase contract or contra losses. Further, RHBIB reserves the right to utilize any of the contra gain to settle any outstanding contra losses and late payment charge accrued thereon. | |||
| (d) | all contra losses must be settled promptly otherwise for any contra losses unsettled by the fifth (5th) market day(i) following the date of contra, late payment charges at RHBIB's prevailing prescribed rate will start to acrue. On the other hand, any resulting contra gains will be paid not later than the fifth (5th) market day(i) following the date of contra and / or within such period as prescribed by Bursa Securities. | |||
| (e) | in addition to the transaction costs (brokerage, stamp duty, clearing fees), RHBIB reserves the right to impose any other transaction charges at any time and in any manner as may be determined by RHBIB in the manner prescribed by the SCSAC and/ or Shariah Committee of RHB Islamic Bank Berhad. | |||
| (f) | RHBIB reserves the right to vary the above guidelines where necessary from time to time as it deems fit. | |||
| 7.2 |
CONTRA GUIDELINES FOR TRADING OF SECURITIES LISTED ON RECOGNISED EXCHANGES(iii)
Settlement by way of "contra" for outstanding purchase positions against outstanding sales positions of the same securities for securities transacted on Recognised Exchanges(iii) may be allowed at the sole discretion of RHBIB, subject to the following terms and conditions:- |
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| (a) | settlement by way of contra in respect of any purchase contract from any of the Recognised Exchanges may only be effected not later than the stipulated time on the settlement due date of the purchase contract, hereinafter known as "Due Date". Any sales transacted up to the Due Date for the outstanding purchases will be auto-contra on a FIFO basis or such other basis as may be determined by RHBIB. | |||
| (b) | purchase contract(s) that remain unsettled after the Due Date (refer to as "Overdue Purchase Contract(s)") RHBIB will have full discretion to close off and / or force sell on the next market day without seeking prior consent from the Client.. RHBIB shall impose late payment charge which consists ta'widh (compensation) and gharamah (penalty) at its prevailing prescribed rate(ii) on the Overdue Purchase Contract(s) or on the contra loss remains outstanding pursuant to the close off and / or force sell thereof. | |||
| (c) | Client is not allowed to carry out selling of purchase contract(s) after the Due Date which may result in an oversold position where Client is fully responsible. | |||
| (d) | losses arising from selling / force selling of outstanding purchase in a foreign currency denominated contract will be reflected in the same foreign currency until C+5 (five market days following the date of contra) or such other time as may be determined by RHBIB where it will be converted to Ringgit Malaysia using RHBIB's prevailing foreign exchange rate. | |||
| (e) | RHBIB reserves the right to withhold payment of contra gains should the Client have any unclear purchase contract(s) or contra losses. Further, RHBIB reserves the right to utilise any of the contra gains to settle any outstanding contra losses and late payment charge accrued thereon. | |||
| (f) | all contra losses must be settled promptly otherwise for any contra losses unsettled by the fifth (5th) market day(i) following the date of contra, late payment charges at RHBIB's prevailing prescribed rate(ii) will start to accrue. Any resulting contra gains will be paid not later than the fifth (5th) market day(i) following the date of contra. | |||
| (g) | in addition to the transaction costs (brokerage, stamp duty, clearing fee), RHBIB reserves the right to impose any other transaction charges at any time and in any manner as may be determined by RHBIB in the manner prescribed by the Shariah Committee of RHB Islamic Bank Berhad. | |||
| (h) | RHBIB reserves the right to vary the above guidelines where necessary from time to time as it deems fit. | |||
| Note | ||||
| (i) | or such other market day as may be determined by RHBIB at its absolute discretion. | |||
| (ii) | or such other rates as may be determined by RHBIB in the manner prescribed by the SCSAC and/ or Shariah Committee of RHB Islamic Bank Berhad. | |||
| (iii) | Recognised Exchanges shall mean: | |||
| (a) a body corporate which has been approved by the Minister under Section 8(2) of the Capital Markets and Services Act 2007. | ||||
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(b) a foreign stock exchange declared by the Bursa Securities to be a recognised exchange and in which RHBIB is providing trading facility. Please contact your DR should you require any clarification to the above. |
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| 8.1 | The Client further authorises RHBIB to disclose any information relating of the Client Account(s) accessible to RHBIB to the DR nominated by the Client or appointed by RHBIB, to RHBIB's subsidiaries and its related group of companies. The Client further authorises and consents to the disclosure by RHBIB of any information relating the Client Account(s) upon the demand, order or request of Bursa Securities or any other authorities having jurisdiction over RHBIB or any government authorities, statutory bodies or courts of law, RHBIB's auditors, legal counsels and other professional advisors. | |||
| 8.2 | In order for RHBIB to discharge its functions under this General Terms & Conditions or pursuant to the relevant laws or regulations, the Client hereby acknowledges that RHBIB may engage service providers or such other persons via an outsourcing arrangement or any other arrangements to provide services to RHBIB (including mailing services, information technology services, data processing, statistical and risk analysis and other services determined from time to time). The Client hereby acknowledges that in the course of providing the services to RHBIB, such service providers or such other persons may have access to certain information and documents relating to the Client's securities and trading account(s), and thereby, the Client agrees that such disclosure of information and documents is permissible. | |||
| 8.3 | In addition to the above, the Client hereby expressly authorises and permits RHBIB and its officers to divulge, reveal or disclose any information relating to the Client's Account to: | |||
| (a) | any assignee or transferee or prospective assignees or transferees of RHBIB's credit facilities, business and undertaking of such part thereof; | |||
| (b) | any person with whom RHBIB may enter into (or may potentially enter into) any participation or sub-participation in relation to any transaction or service hereunder; | |||
| (c) | any person or entity participating in the merger / acquisition or proposed merger / acquisition of RHBIB or its holding company with / by another company; and | |||
| (d) | any other person at any time: | |||
| (i) | which RHBIB or any officer in good faith considers appropriate for any purpose in connection with these terms and conditions; or | |||
| (ii) | where such particulars of the Client's Account was inadvertently divulged, revealed or disclosed to / or accessed by such persons through no willful default of RHBIB or its officers. | |||
| 8.4 | The Client consents that RHBIB and / or its authorised agent(s), service provider(s) and / or sub-contractor(s) may obtain or be granted access to the Client information or document(s) relating to the Client affairs in particular in relation to the Client securities and / or depository account(s) (for example account particulars, balances, and / or transactions) maintained with the relevant authorities (whether locally or abroad), agents and / or service providers. This consent is irrevocable and the Client shall not hold RHBIB liable for any losses arising thereof except for losses or liabilities the Client may directly suffer as a result of any fraudulent act done / committed by RHBIB. | |||
| 8.5 | The Client further consents to the disclosure by Bursa Malaysia Depository Sdn. Bhd. ("Bursa Depository") to RHBIB, and to such agent(s), service provider(s) and sub-contractor(s) of RHBIB as informed by RHBIB to Bursa Depository, of information or documents relating to the Client affairs and in particular, relating to the Client Account(s) but not limited to balances, account particulars and / or transactions. This consent shall be valid until revoked by the Client and such revocation is accepted by RHBIB. The Client hereby releases Bursa Depository from any losses or liabilities arising from or in connection with this authorisation except for loss or liability that the Client may suffers as a result of any act, statement or omission that was not done in good faith by Bursa Depository. | |||
A default shall be deemed to take place on the occurrence of any of the following:
| 9.1 | The Client breaches any of the terms herein. | |||
| 9.2 | The Client becomes bankrupt, dies or becomes insane or of unsound mind or becomes incapacitated in any other way, commits an act of bankruptcy or suffers any petition or passes any resolution for winding up or enters into receivership or enters into any composition or arrangement with or for the benefit of its creditors. | |||
| 9.3 | Any claim, action or proceeding of any nature is commenced against the Client by any party or steps are taken by any person to enforce any security against the Client. | |||
| 9.4 | Any representations or warranties made by the Client becoming incorrect or untrue. | |||
| 9.5 | RHBIB forms an opinion that it should take action in order to preserve its rights or interests under any of the Account(s) with RHBIB. | |||
| 9.6 | If there is a change in applicable law or regulation that makes it unlawful for RHBIB to continue with allowing the Client to execute the transaction in securities. | |||
| 9.7 | If RHBIB forms a view and in good faith that it should take action in order to preserve its rights or interests under any of the Client's Account(s). | |||
In the event of occurrence of an event of default (without prejudice to any of RHBIB's rights under these General Terms & Conditions or otherwise at law) RHBIB may but not obliged to exercise the following:
| 10.1 | Suspend the trading account(s), the duration of which is at the sole discretion of RHBIB or terminate the trading account(s) immediately; | |||
| 10.2 | Close out any outstanding transactions at the prevailing market price or at such other price deems fit by RHBIB; and / or | |||
| 10.3 | Sell-off the Client's securities it may hold in its nominee's custody or securities held in the Client's CDS account including the free securities at any price that RHBIB deems fit and apply the proceeds thereof towards reducing the Client's liabilities. | |||
The Client may terminate the agreement by giving seven (7) days written notice to RHBIB. Termination by the Client shall take effect once the written notice has been received by the relevant officer of RHBIB. Termination will not affect any outstanding rights or obligations that may already have arisen between RHBIB and the Client in accordance with these terms and conditions and / or other terms and conditions relevant to the trading account(s). The Client's trading account(s) will be closed upon the settlement of all outstanding positions and liabilities or at such time deems as appropriate by RHBIB.
| 12.1 | The Client acknowledges and fully understands that (a) any information, data or recommendations (collectively known as the "Information") provided by RHBIB to the Client do not constitute tax or legal advice; (b) reliance on the Information does not give rise to any claim of any kind against any person (c) RHBIB does not endorse the Information, recommend any investment or offer any advice regarding any securities, transaction or investment strategy; (d) the Client is solely responsible for evaluating the merits associated with the investment and agrees to seek appropriate and independent advice from a person who is qualified to give such advice; (e) all decisions and / or orders made through RHBIB are at the Client's sole risk. | |||
| 12.2 | The Client shall not hold RHBIB and / or any of its officers, employees, agents or representatives responsible or liable, and shall further indemnify RHBIB, for whatever losses incurred as a result of the acts, representations and / or omissions of the DR assigned to the Client in carrying out his or her duties in connection with the Account(s). | |||
| 12.3 | RHBIB shall not be liable for any claims, demands, losses, compensations, liabilities, costs, actions and / or expenses suffered and / or incurred by the Client arising from and / or in connection with causes not within RHBIB's control including a force majeure event or the breach, failure or omission of the foreign broker / agent / custodian appointed on behalf of the Client. | |||
| 12.4 | The Client undertakes to further indemnify RHBIB for any losses, costs (includes legal costs), claims, liabilities or expenses arising out of or connected with any (i) transaction or instruction that may be carried out by RHBIB on behalf of the Client having to act on the Client's instructions or at the Client's request, (ii) breach by the Client of its obligations, including but not limited to any costs reasonably and necessarily incurred by RHBIB in buying-in or selling-off, or collecting any debts due to RHBIB or in connection with the closure of the trading account(s), and (iii) breach, failure or omission of the foreign broker / agent / custodian appointed on behalf of the Client. This obligation to indemnify RHBIB survives the termination of these General Terms & Conditions. | |||
| 13.1 | RHBIB may assign any or all of its rights hereunder or under any Account(s) to any assigns and successors legally appointed. The Client may not assign its right hereunder or under any Account(s) without the express written consent of RHBIB. | |||
| 13.2 | The Client may not assign, charge or encumber the Account(s) or create or permit to create in favour of any person (other than RHBIB) any interest in any of the Account(s) (by way of trust or otherwise) without RHBIB's prior written consent. | |||
| 13.3 | The General Terms & Conditions herein shall be binding upon the successor-in-title and permitted assigns of the parties hereto. | |||
| 14.1 | All references to RHB Investment Bank Berhad or RHB Investment Bank shall also include its branch (es) and representative offices. | |||
| 14.2 | If any provision of these General Terms & Conditions is rendered invalid, illegal or unenforceable, non-Shariah compliant in any respect, such invalidity, illegality, unenforceability or non-Shariah compliant shall not affect any other provision hereof and these General Terms & Conditions shall be construed as if such invalid, illegal, unenforceable, or non-Shariah compliant provision had never been herein provided for, or these General Terms & Conditions shall be construed with provisions which come closest to expressing the intention of the invalid, illegal, unenforceable or non-Shariah compliant provision. | |||
| 14.3 | In the event of any discrepancy, inconsistency, conflict or ambiguity between the English and the Bahasa Malaysia versions of the General Terms & Conditions, the English version shall prevail. | |||
| 15.1 | The foregoing General Terms & Conditions governing the Client's trading on Bursa Securities shall also apply to the Client's trading in securities listed on the ACE Market. | |||
| 15.2 | The Client understands and accepts the following matters with regard to investment in securities listed on the ACE Market:- | |||
| (a) |
investment in any securities of any corporation admitted to the ACE Market of Bursa Securities ("Listed Company") may result in higher risks owing to the profile of the Listed Company;
this brief statement cannot disclose all risks associated with trading on securities listed on the ACE Market and the Client should consult RHBIB on any queries. |
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The following terms and conditions are specific to Conditional Trading. Client must also agree to RHB Investment Bank Berhad's Securities Trading General Terms and Conditions Agreement ("General Terms and Conditions of Trading") to be eligible for Conditional Trading and the following terms and conditions shall be read in line with the said General Terms and Conditions of Trading. In the event of a conflict between the General Terms and Conditions of Trading and this Agreement, the General Terms and Conditions of Trading shall take prevail.
| 1.1 | RHBIB accepts, administers and implements a Conditional Order Instruction, or a variation or cancellation of a Conditional Order Instruction, in accordance with these terms and conditions. | |||||||||||||||
| 1.2 | The Client agrees to be bound by these terms and conditions. | |||||||||||||||
| 1.3 |
Definitions
"Account" means your trading account (whether individual corporate or other entity or otherwise) opened and maintained by RHBIB. "Affiliate" means, in relation to any person, a person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, such person "Exchanges" means Bursa Malaysia Securities Berhad and all other relevant and applicable exchanges or markets as supported by the Services. "Conditional Order Instructions" means an instruction given by the Client to RHBIB to place an order through the Services for a Security on the market: |
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"Confidential Information" means software and any information, technical data, or know-how, including, but not limited to, that which relates to specifications, research, product plans, products, services, orders, strategies, forecasts, forecast assumptions, methodologies, models, customers, markets, software, developments, inventions processes, designs, drawings, engineering, hardware configuration information, marketing or finances, or any information relating to the Services and to the Account, disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party").
Confidential Information shall not include information, technical data or know-how which: |
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"Securities" means any securities as defined in the Capital Markets and Services Act 2007 for which you have placed a Conditional Order Instruction.
"Trigger" means criteria that are acceptable to RHBIB, nominated by the Client for the Conditional Order Instruction, which, when satisfied, causes the system to place an order for the Security on the market. "Limit" means the minimum price at which RHBIB is instructed to sell, or the maximum price at which RHBIB is instructed to purchase, the Security under the Conditional Order Instruction. "Security Code" means any passwords, personal identification numbers (PINs), customer identification numbers (CINs) and other codes and access procedures for use in connection with access to and use of the Services. "Services" means (i) the Conditional Order Trading Services, and (ii) other services and information provided by or made available to you by Company (whether directly or through any of its Affiliates) from time to time under this Agreement via the System, or any other electronic link or device as may be designated by RHBIB. "System" means the system which is the Company's Conditional Order system via a terminal emulation on its trading platform developed by its third party service provider for securities contracts on the relevant Exchanges to which RHBIB has access. |
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Placing a Conditional Order Instruction
| 1.4 | RHBIB is not obliged to accept a Conditional Order Instruction, for example, if there is market volatility, the security too thinly, or the price for the Limit is to far from the price at which the security is currently traded. | |||
| 1.5 | The Client must nominate a price for the Limit. | |||
| 1.6 | RHBIB do not accept "at market" as a price for the Limit. | |||
| 1.7 | RHBIB accepts a Trigger only if the Conditional Order Instruction meets the specific requirements set by the Client through the System. The Client agrees not to place a Conditional Order Instruction for the purposes of manipulating or influencing the price of a Security, market rigging, insider trading, disruption of the market, threatening the integrity of the market, misleading or deceptive conduct concerning dealings in the security, or where the Client does not have proper authority to place a Conditional Order Instruction. | |||
| 1.8 | The range between the price in the Trigger and the price in the Limit must be acceptable by RHBIB us and the Exchange. | |||
| 1.9 | When a Conditional Sell Limit Order Instruction is triggered, there must be sufficient tradable balance in your account. | |||
| 1.10 | A Conditional Order Instruction is not valid until such notification of acceptance by RHBIB via the system order status. | |||
| 1.11 | The Client shall use the Services solely for the purposes permitted under this Agreement and in conformity with the terms and conditions of this Agreement. In particular, the Client agrees to continue to comply with all the notices, guidelines, rules and instructions pertaining to the use of the Services as well as any amendments to this Agreement, as may be issued by RHBIB, including all operating rules or policies that RHBIB may publish or make available through the Services from time to time. | |||
| 1.12 | Upon issuance of the, of the Security Code for use in connection with access to and use of the Services by RHBIB (whether directly or through any of its Affiliates or service providers), the Client agrees to keep the Security Code issued to as confidential and to notify the relevant personnel of RHBIB promptly if the Client has knowledge that or has reason for suspecting that the confidentiality of the Security Code has been compromised or if there has been any unauthorized use of the Security Code. | |||
Maintaining your Conditional Order Instruction
| 1.13 | The Client must ensure that he has sufficient securities in his holdings and fund, either in the Account, or margin financing facility, or trust monies to satisfy an order. | |||
| 1.14 | The Client agrees that the Conditional Order Instruction only applies for securities which are in already deposited in the Client's CDS account maintained with RHBIB. The client further agrees not to give any Conditional Order Instruction for securities which are pending transfer to the Client's CDS account. | |||
| 1.15 | The Conditional Order Instruction shall remain valid until it is cancelled by the Client via the System. | |||
Implementing a Conditional Order Instruction
| 1.16 | A Conditional Order Instruction is triggered when the Trigger for the Security occurs. | |||
| 1.17 | When the Conditional Order Instruction is triggered, RHBIB will place the order for the Security on the market on a best-effort basis. RHBIB does not guarantee that the order will be placed at a price not below the Limit, in the case of a sale order, and at a price not greater than the Limit in the case of a purchase order. | |||
| 1.18 | If the order is triggered by events as a result of the closing price auction, the order would be placed on the market. If this order is not expired, the order would be placed on the market the following day, during the pre-open. | |||
| 1.19 | A Conditional Order Instructions will not be triggered by notional values or indicative prices. | |||
| 1.20 | RHBIB will place a Conditional Order Instruction according to the time precedence of the Conditional Order Instruction, but does not guarantee the order in which it is placed onto the market. | |||
| 1.21 | In the event of system failure or malfunction, RHBIB may not have placed orders in accordance with the Conditional Order Instruction. Once the system resumes, the system will not act on events that occurred during the system failure or malfunction. | |||
| 1.22 | The placement of an order on the market does not guarantee that the order will be filled. | |||
| 1.23 | The order remains on the market in accordance with our General Terms and Conditions of Trading. | |||
| 1.24 | RHBIB will use its commercially reasonable efforts to place an order on the market following a Conditional Order Instruction being triggered. However, RHBIB reserves the right to review an order that results from a triggered Conditional Order Instruction and to refuse to place that order on the market, for example, if we consider that placing the order would not be consistent with a fair and orderly market. Also, it might not be possible for RHBIB to place an order on the market for example: | |||
| (a) | where the basis for quotation for the Security has changed and the Client has not varied his Conditional Order Instruction; | |||
| (b) | where the Security has been subjected to a trading halt and the Client has not varied his Conditional Order Instruction; | |||
| (c) | if RHBIB is of the view that the Client's instruction are ambiguous, incomplete or unclear; | |||
| (d) | where the Client's instruction contravenes the terms or conditions stated in our General Terms and Conditions of Trading; | |||
| (e) | where acting on the order in inconsistent with our legal obligations in respect of the maintenance of an orderly market. | |||
Variation Or Cancellation Of A Conditional Order Instruction
| 1.25 | Conditional Order Instruction are taken on a 'commercially reasonable' basis. In the event of system failure, the Conditional Order Instructions will remain in the system until it is manually cancelled in the System. | |||
| 1.26 | It is the Client's responsibility to cancel a Conditional Order Instruction if order for the Security has some corporate action for example: | |||
| (a) | the Security going ex-dividend; | |||
| (b) | the Security being subject to a reconstruction of capital such as a share split or consolidation; or | |||
| (c) |
a rights issues.
as these exercises will have an impact on the price of the security. |
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Fee
| 1.27 |
RHBIB reserves the right to charge a fee for effecting Conditional Order Instructions or for a cancellation* and variation, the amount to be determined by RHBIB at a later date.
* There will be charges such as Bursa clearing fees, stamp duty etc required to charge client when the transaction has been cancelled. |
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Limits of Responsibility and Liability
| 1.28 | Provided that the Client has notified RHBIB in reasonable detail and in a timely manner of any problems experienced in the use of the Services, RHBIB will use commercially reasonable efforts to correct such problems only in respect of RHBHIB's own infrastructure within a reasonable period of time. | |||
| 1.29 | The Client acknowledges that in performing the Services, RHBIB will be dependent on the use of software licensed from third parties, including without any limitation, the use of such software to process the Conditional Order Instructions. | |||
| 1.30 | RHBIB does not warrant that the Services will be provided uninterrupted or free from errors or that any identified defect will be corrected; further, no such warranty is given that the Services are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. | |||
| 1.31 | RHBIB does not warrant the security of any information transmitted by the Client or to the Client through the Services. The Client hereby acknowledges and agrees that the use of the Services is at the Client's own risk. Except to the extent that liability under any applicable law or regulation cannot be excluded, under no circumstances shall either party to this Agreement be liable to the other party to this Agreement for any indirect, punitive, special or consequential damages (including without limitation, loss of profits or revenues or other economic loss) arising out of or in any manner in connection with this Agreement, the performance or breach hereof, the subject matter hereof or that are related to the use of, or the inability to use the Services even if advised of the possibility of such damages were foreseeable. | |||
Disclosure
| 1.32 | Each party agrees to notify the other promptly should it become aware of the possession or use of confidential Information or any portion thereof by any person not authorized by this Agreement. | |||
| 1.33 | The Client hereby authorises RHBIB and its officers, employees and agents to provide or disclose the Confidential Information whatsoever relating to the Client's Account(s) to: | |||
| (i) | Any of the Affiliates on a need to know basis; | |||
| (ii) | Any digital certification authority, regulatory authority, electronic, computer, telecommunication service provider and/or network provider involved in the provision of the Services and/or any third party agent or sub-contractor engaged by RHBIB for the provision of any aspect of the Services from time to time, provided that only the Client's basic details are disclosed to this category of persons. Provided that any Group Member and/or third party authorised by this Clause to receive Confidential Information agrees to maintain the confidentiality of the Confidential Information on terms substantially similar to those set out in this Clause 1.3. | |||
General
| 1.34 | RHBIB may from time to time vary these terms and conditions to: | |||
| (a) | add, change or remove any concessions or benefits; | |||
| (b) | adopt or implement any legal requirement, decision, recommendation, regulatory guidance or standard of any court or judicial regulator; | |||
| (c) | accommodate changes in the needs or requirements of our clients, such as new product features or services; | |||
| (d) | correct errors, inconsistencies, inadvertent omissions, inaccuracies or ambiguities; | |||
| (e) | bring us into line with our competitors, industry or market practice or best practice in Malaysia or overseas; or | |||
| (f) | reflect changes in technology or our processes including our computer systems. | |||
Each of the changes in paragraph (a) to (f) is a separate right and this clause is to be read as if such change was a separately expressed right. Without limiting our right under paragraph (a) to (f), we may from time to time vary any of the terms and conditions for reasons other than the ones mentioned above (e.g. due to unforeseen events). If we vary these terms and conditions the changes will apply to all dealings between you and us on and from the day on which the variation takes effect.
| 1.35 | The Client accepts these terms and conditions, or any variation thereof, when the Client first place a Conditional Order Instruction after receiving these terms and conditions, or a notice of variation of thereof. | |||
| 1.36 | The Client's obligations under this agreement are in addition to the Client's obligations under the General Terms and Conditions of Trading. | |||
| 1.37 | The Client agrees not to use the Services other than in conformance with reasonable acceptable use policies of any connected computer networks, service providers and any applicable internet standards that the Client is notified of by RHBIB and further shall use it only in connections with the Client's personal investment activities. The Client shall not use it in connection with any business activities or to hold or monitor security trading for another person. | |||
| 1.38 | The Client acknowledges and agrees that RHBIB may, in its sole and absolute discretion, with or without notice to client, to add , vary, alter, suspend or remove any part of or all of the Services, without giving any reason and without incurring any liability. | |||
| 1.39 | The Client agrees to indemnify the Service provider and the third party System provider for any liability for any loss, costs (includes legal costs, consequential loss, loss of profit and economic loss), claims, liabilities or expense arising out of or connected with any of your breach of obligations including any costs reasonably and necessarily incurred as a result of the Client's use of the Conditional Order Instruction in breach of these terms and conditions, or in a manner, or for a purpose, not reasonably contemplated by RHBIB. | |||
| 1.40 | These terms and conditions are subject to the laws of Malaysia. You agree to submit to the non-exclusive jurisdiction of the courts of Malaysia. | |||
| 1.41 | If any part of any of these terms and conditions is found to be void or unenforceable for unfairness or any other reason (for example, if a court or other judicial regulator declares it so), the remaining parts of these terms and conditions will continue to apply as if the void or unenforceable part had never existed. | |||
| 1.42 | Except as provided in this Agreement, you acknowledge that the Services are provided on an "as is", "as available" basis only and that the time periods during which the Services may be available are subject to change. The Client further agrees that RHBIB shall be entitled at any time, at RHBIB's sole discretion, with or without notice to client, , to temporarily suspend the operation of any one or more of the Services for updating, maintenance and upgrading purposes, or any other purpose whatsoever that the Company deems fit, and in such event, the Company shall not be liable for any losses or any liability which may be incurred as a result unless such loss or liability arises out of the negligence, fraud and/or willful default of the Company. | |||
| 1.43 | This Service terminates in accordance with the termination clause under General Terms and Conditions of Trading. | |||
The Risk Disclosure Statement does not disclose all the risks associated with the use of a Conditional Order Instruction. It should not be relied upon as a complete explanation of the risk involved with using a Conditional Order Instructions. If you need further explanation of the risks associated with the use of a Conditional Order Instruction, you should seek appropriate professional advice.
While the intention of a Conditional Order Instruction is to limit losses to a certain amount, the instruction may not always be effective because market conditions may make it impossible to execute a particular instruction.
Market conditions such as illiquidity may make it difficult or impossible for RHBIB to find sufficient counterparty volume to purchase/sell securities between the Trigger price and the limit price.
Action by Exchanges such as the suspension of trading in certain securities may make it difficult or impossible to effect transactions so as to limit losses.
A Conditional Order Instructions does not make any provision for temporary falls or rises in security prices. Security prices may return to, exceed or fall short of the trigger price at which RHBIB was instructed to buy or sell, within a short period of time.
It may not be possible for RHBIB to carry out the Client's instruction, if to do so would, in the opinion of RHBIB or the regulatory authorities, result in illegal conduct such as market manipulation.
This brief statement cannot disclose all the risks. The Client is advise to therefore carefully study the terms and conditions of any Security before you place an order for the Security on the market. If you are in doubt about any aspect of this statement or the terms of a Security, you should consult your broker. The contents provided in the Site are not intended to provide a sufficient basis on which to make an investment decision. This material may very likely not contain all of the information that an interested party may desire and, in fact, may provide only a limited view and any observations and views expressed herein may be changed by the RHBIB and/or its employees at any time without notice.
DECLARATION
I / We acknowledge that I / we have read the preceding agreement, that I / we understand them and that I / we hereby manifest my assent to, and my / our agreement to comply with, those terms and conditions.
| 1 | I / We understand the nature and risks associated with dealings in securities ("Securities") listed in Recognised Exchanges and I / we shall assume full responsibilities for all the dealings executed under my / our trading account(s). | ||||||||||||
| 2 | I / We acknowledge and accept that RHBIB is entitled at its absolute and sole discretion to appoint a correspondent broker for execution purposes and / or to appoint a custodian for the purposes of holding the Securities purchased by me / us and facilitating my / our trading in the Recognised Exchanges and that I / we shall be bound by any terms and conditions of agreements executed between RHBIB and such correspondent broker or custodian so appointed for such purposes. That I / we further agree to indemnify RHBIB from being liable for any losses, claims, damages, costs or expenses suffered and incurred by RHBIB in respect of such appointment(s). | ||||||||||||
| 3 | I / We agree that I / we shall abide by RHBIB's policies, all applicable rules and regulations including but not limited to the relevant constitutions, laws, rules, regulations, by-laws, customs and usage of the relevant Recognized Exchanges and / or Bursa Rules as amended from time to time governing the transactions and settlements in Securities, appointment of correspondent broker and appointment of custodian including but not limited to holding of Securities outside Malaysia. That I / we further agree to comply with any governmental / foreign government authorities, the foreign exchange control laws, and make all the necessary approvals and / or make the necessary registration required in relation to, including but not limited to Bank Negara Malaysia and / or the central bank or any other relevant authorities from time to time and submit to the non-exclusive jurisdiction of the courts where the Recognized Exchanges operate as the case may be. I / We agree that RHBIB shall not be liable to me / us as a result of any action or inaction taken by RHBIB or its agents to comply with any such laws, rules, regulations, by-laws, customs, practices and usage of the relevant Recognized Exchanges and / or Bursa Rules, including without limitation any liquidation in whole or in part of my / our position in my / our Account(s) (defined as trading account(s), and / or Central Depository System ("CDS") account). I/We further agree that RHBIB and/or its agents shall not be liable to me/us as a result of any action or inaction taken by RHBIB or its agents arising from any corporate actions or exercise undertaken by the listed entities which shall include amongst others delisting of shares, splitting of shares, suspension, mergers and acquisitions and spin-offs. | ||||||||||||
| 4 | I / We shall authorise the officers, employees or DR of RHBIB to furnish any information in relation to or arising out of or in connection with my / our Account(s) as a result from dealings in Securities listed in the Recognised Exchanges to Bursa Securities, any other regulatory bodies whether in Malaysia or elsewhere, any or all of RHBIB's parent company, affiliates and / or subsidiaries, any custodian or correspondent broker so appointed or foreign authorities at any time from time to time without first obtaining my / our consent. | ||||||||||||
| 5 | I / We agree that my / our ability to trade in Securities is restricted to days when both Bursa Securities and the relevant Recognised Exchanges are opened for trading ("restricted trading days") (only applicable for phone-in orders). | ||||||||||||
| 6 | I / We agree that in the event Bursa Securities is closed for trading but not the relevant Recognised Exchanges, I / we agree that the settlement for the sales executed for Securities listed on the Recognised Exchanges to be made on the following market day when Bursa Securities is opened for trading. I / We further agree to comply with the rate of exchange applicable when Bursa Securities resumes trading (only applicable for online orders). | ||||||||||||
| 7 | I / We further agree to pay promptly to RHBIB any fees or other charges which may be imposed by Bursa Securities or the Recognised Exchanges or clearing organisation, including but not limited to any taxes, fines or penalty imposed by any competent authority on any account opened or transaction so effected by me / us and any late payment charges due and payable to RHBIB at the prevailing rate prescribed by RHBIB. I / We further acknowledge that RHBIB has the right to deduct from my / our trading account(s), an amount for the purpose of withholding tax in relation to my / our transactions, as required by the relevant foreign regulators / government bodies. I / We agree that RHBIB will calculate the value of my / our transactions in the Securities in Ringgit Malaysia using such exchange rate as RHBIB may determine in its discretion. All transactions in the Securities for my / our trading account(s) shall be settled in Ringgit Malaysia or, any other currencies requested by me / us provided it is approved by the relevant authorities and agreed by RHBIB, at a rate of exchange determined by RHBIB. | ||||||||||||
| 8 | I / We acknowledge and accept that RHBIB may at its absolute discretion determine and vary the available limit for the purposes of my / our dealing in the Recognised Exchanges and I / we further agree that RHBIB shall have the right at any time to refuse my / our order(s) or limit the purchase(s) / sale(s) ordered by me / us. That I / we further acknowledge that RHBIB reserves the right to restrict my / our dealing(s) in particular Securities on a particular Recognised Exchange without notice and without having to give reasons. | ||||||||||||
| 9 | I / We acknowledge that in trading in Securities listed on the Recognised Exchanges, there may be delays in stock quote(s) and execution of order(s) via the correspondent broker. Whilst RHBIB will take reasonable care to mitigate any such delay, I / we agree that neither RHBIB nor any of its officer(s), agent(s) or employee(s) shall be liable for the accuracy, completeness and timeliness of the information or execution or for any decision made or action taken by me / us in reliance upon the information provided or for any interruption of any data or information or events arising from any corporate actions unless it is caused by fraud, gross negligence or willful default of RHBIB. | ||||||||||||
| 10 | I / We acknowledge that if I / we do not pay for any Securities by the settlement date of the purchase contract, RHBIB has the right to liquidate and impose late payment charges on any or all of these transaction(s) without notice to me / us. RHBIB may but need not exercise this right on any day after the day on which the right to liquidate first arose. I / We agree that RHBIB will not be liable to me / us with respect to securities purchase transaction(s) on which I / we have defaulted on for any losses suffered by me / us as a result of any fall in the market price of the Securities between the first day the right to liquidate arose and the day it actually sells the Securities. | ||||||||||||
| 11 | I / We acknowledge that contra deal(s) in respect of earlier purchase contract(s) shall only be allowed at the absolute discretion of RHBIB and subject to the laws, regulations and rules of the Recognised Exchanges. I / We agree that RHBIB shall not be liable for any losses, claims, damages, costs or expenses suffered or incurred by me / us, or profit or advantage of which I / we may be deprived of, which arises from RHBIB's refusal to allow me / us to conduct contra deal(s) regardless of whether such contra deal(s) are permitted under the rules of the Recognised Exchanges. | ||||||||||||
| 12 |
I / We acknowledge that RHBIB may on the terms set out below hold all Securities purchased for me / us either directly or through a nominee or custodian (who may affect such holding through a sub-nominee or sub-custodian). Such nominee / custodian and / or such sub-nominee / sub-custodian may or may not be within Malaysia and in the latter case, I / we hereby consent to RHBIB having absolute discretion in their appointment or approval in their appointment. All costs associated with the holding of the Securities by any of them shall be for my / our Account(s). Accruals with respect to any and all Securities so custodised, if in money form, shall be held or accounted for in its original currency of receipt converted into Ringgit Malaysia (as RHBIB thinks fit) and credited into my / our Account(s).
I / We agree that the duties provided by RHBIB as custodian of the Securities purchased for me / us shall be: |
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| 12.1 | to hold or procure to be held to its order all documents evidencing ownership of the Securities and identity in its books that all Securities belong to me / us; | ||||||||||||
| 12.2 | to procure that all Securities other than bearer securities are registered in the name of RHBIB or such nominee / custodian or sub-nominee / sub-custodian which has been appointed. In these circumstances, the Securities will still be held in such a way that it is readily apparent that the Securities are not the property of RHBIB or any nominee / custodian or sub-nominee / sub-custodian (as the case may be). The Securities may be registered collectively with Securities of other clients of RHBIB in the same name on an aggregate or omnibus basis and where so registered, my / our entitlements may not be identifiable by separate certificates or other physical documents of title or equivalent electronic records although RHBIB and / or its delegate will maintain records such that it will be readily apparent the degree of my / our interest in the commingled Securities so collectively held but on my / our express understanding and agreement that where such commingling and aggregation of my / our Securities with that of other persons results in entitlements which otherwise without such commingling or aggregation would not have accrued to the Securities, RHBIB has full discretion as to the allotment of such entitlements as amongst its clients as it deems fit; | ||||||||||||
| 12.3 | to use its reasonable endeavours to collect and receive entitlements including income and other monies due with respect to the securities provided that I / we acknowledge and accept that RHBIB (whether directly or through any delegate or agent) shall have no duty or responsibility but is entitled, if it chooses to: | ||||||||||||
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| 12.4 | to credit to my / our Account(s) with all income and other payments received by RHBIB under paragraph (12.3) above; | ||||||||||||
| 12.5 | to sign, execute and / or complete such document(s), certificate(s) or form(s) from time to time required for fiscal and taxation purposes in connection with the collection of income from the Securities; and | ||||||||||||
| 12.6 | to keep or (to the extent reasonably practicable) procure to be kept by any nominee / custodian or sub-nominee / sub-custodian (as the case may be), such book(s), record(s) and statement(s) in retrievable form, as may be necessary to provide an adequate record of all Securities held and transactions carried out by or on behalf of me / us. | ||||||||||||
| 13 | I / We agree that RHBIB shall not be liable for any losses, claims, damages, costs or expenses suffered or incurred by me / us, or profit or advantage of which I / we may be deprived, which arises from or in connection with: | ||||||||||||
| 13.1 | the manner in which my / our Securities are held hereunder or the manner in which monies received or intended to be received are dealt with or the manner in which proxy form(s) or other document(s) and notice(s) in relation to the Securities are dealt with; | ||||||||||||
| 13.2 | the loss, theft or destruction of, or any damage to, any of the Securities or certificate(s) relating thereto; | ||||||||||||
| 13.3 |
the performance or non-performance of RHBIB,
except insofar as the same arises as a result of the fraud, gross negligence and / or willful default of RHBIB. |
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| 14 | I / We acknowledge that whilst RHBIB will use reasonable care in the selection of any nominee, custodians, agent or delegate, RHBIB shall not be liable for any losses, claims, damages, expenses or liabilities suffered or incurred by me / us, or profit or advantage of which I / we may be deprived of, which arises from or in connection with:- | ||||||||||||
| 14.1 | the insolvency of any nominee, custodian, sub-nominee or sub-custodian; or | ||||||||||||
| 14.2 |
any act or omission of any nominee, custodian, sub-nominee or sub-custodian,
except insofar as the same arises as a result of the fraud, gross negligence and / or willful default of RHBIB. |
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| 15 | RHBIB shall not be liable for any act, omission or insolvency of any entity providing central depository, clearing and / or settlement facilities and / or any entity appointed to perform any obligations as stated herein. | ||||||||||||
| 16 | RHBIB shall not be liable or have any responsibility to me / us for any losses or damages incurred or suffered by me / us if the performance of RHBIB's obligations is interrupted, delayed or prevented by circumstances, acts or events beyond its control. This shall include but not be limited to industrial disputes, acts or regulations of any governmental authorities or stock exchanges or breakdown, failure or malfunction of telecommunications or computer service or systems. | ||||||||||||
| 17 | I / We agree that: | ||||||||||||
| 17.1 | any transfer of Securities from my / our Account shall be at my / our cost of and subject to RHBIB's prior consent and to the laws, regulations and rules of the relevant jurisdiction; | ||||||||||||
| 17.2 | RHBIB shall at all times have a general lien over any and all Securities held by RHBIB for me / us as security for any outstanding obligation owed by me / us to RHBIB. RHBIB may at all times exercise this lien by effecting a sell out of any or all of such Securities and apply the net proceeds towards settlement or discharge of my / our obligations to RHBIB. | ||||||||||||
Structured warrants means individually or collectively as the context may require, call warrants, put warrants, basket warrants, bull equity-linked structures or such other structures that may be specified by Bursa Securities from time to time.
| 1 | This statement is provided to you in accordance with the directives of the Rules of Bursa Malaysia Securities Berhad ("Rules of Bursa Securities"). | ||||||||||||||||||||||||||||||
| 2 | The purpose of this statement is to inform you that the risk of loss in purchasing structured warrants can be substantial. You should therefore assess if the purchase of structured warrants is suitable for you in light of your financial circumstances. In deciding whether to purchase structured warrants you should be aware of the following: | ||||||||||||||||||||||||||||||
| 2.1 | The purchase of a structured warrant is subject to the risk of losing the full purchase price of the structured warrant and all transaction costs; | ||||||||||||||||||||||||||||||
| 2.2 | In order to realize any value from a structured warrant, it is necessary to sell the structured warrants or exercise the structured warrants on or before their expiry date; | ||||||||||||||||||||||||||||||
| 2.3 | Under certain conditions, it may become difficult to sell the structured warrants; | ||||||||||||||||||||||||||||||
| 2.4 | Upon exercise of the structured warrants, the issuer may settle its obligations via actual delivery of the underlying assets, in cash or a combination of both depending on the terms of the issuer of the structured warrants; | ||||||||||||||||||||||||||||||
| 2.5 | Placing a contingent order, such as "stop-loss" or "stop-limit" orders, will not necessarily limit your losses to the intended amount. Market conditions may not make it possible to execute such orders; and | ||||||||||||||||||||||||||||||
| 2.6 | The high degree of leverage that is obtainable from structured warrants (excluding Bull ELS) because of the small initial outlay can work against you as well as for you. The use of leverage can lead to large losses as well as gains. | ||||||||||||||||||||||||||||||
| 3 | This brief statement cannot disclose all the risks and other aspects of purchasing structured warrants. You should therefore carefully study the terms and conditions of any structured warrant before you decide to purchase. If you are in doubt about any aspect of this statement or the terms of a structured warrant, you should consult your respective DR and / or RHBIB. | ||||||||||||||||||||||||||||||
| 4 | I / We hereby declare that: | ||||||||||||||||||||||||||||||
| 4.1 | I / We am / are not a director(s), substantial shareholder(s) or chief executive officer(s) of RHBIB (Issuer), whether in name or as a nominee(s); and | ||||||||||||||||||||||||||||||
| 4.2 | I / We am / are not an associate of a director(s), substantial shareholder(s) or chief executive officer(s) of RHBIB , the term "associate" being any one of the following: | ||||||||||||||||||||||||||||||
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| 1 | The purpose of this statement is to inform you as the Client that the risk of loss in purchasing Exchange - Traded Funds ("ETFs") can be substantial. You should therefore assess if the purchase of ETFs is suitable for you in light of your investment objectives and financial circumstances. In deciding whether to purchase ETFs, you should be aware of the following: | |||
| 1.1 | Market Risk: The ETF's net asset value ("NAV") is subject to price movement and market volatility. Your trading position in the ETF may suffer a loss if the market goes against you. | |||
| 1.2 | Liquidity Risk: You may find it difficult to exit your position in the event that trading volume is low. | |||
| 1.3 | Tracking Error: ETF's NAV may not track closely the benchmark index. | |||
| 1.4 | Mispricing Risk: Market price of the ETF may trade at a premium or discount to its NAV. | |||
| 1.5 | Foreign Exchange Risk: In the case of foreign index constituents, you may be exposed to fluctuation in the currency exchange rate. | |||
| 1.6 | Creation and Redemption: You may not successfully create or redeem ETF units through a participating dealer, who is under no obligation to do so on your behalf. | |||
| 1.7 | Past Performance: Past performance is not necessarily indicative of future results. Future returns are not guaranteed, and a loss of original capital may occur. | |||
| 2 | This brief statement cannot disclose all the risks and other aspects of purchasing ETFs. You should therefore carefully study the terms and conditions of any ETF before you decide to purchase. If you are in doubt in relation to any aspect of this statement or the terms of ETFs, you should consult your respective independent financial adviser, legal adviser, DR and / or RHBIB. | |||
I / We hereby request for day trading activities and in consideration thereof, I / we agree to abide by the following terms and conditions stated herein:
| 1 | Day trading activities applies to trade of particular securities where the outstanding purchase positions are settled against sales positions of the same securities when the purchase and sales transactions are transacted on the same contract date subject to Clause (4) or Clause (5) herein mentioned below. | |||
| 2 | The minimum brokerage rate payable for the day trading activities shall be calculated at 0.15% of the contract value or the minimum fixed brokerage below, whichever is the higher: | |||
| 2.1 | RM2.00 on transaction of Islamic financing. | |||
| 2.2 | RM28.00 on any other online transactions. | |||
| 2.3 | RM40.00 on any other transactions via phone order. | |||
| 3 | Notwithstanding the above, the applicable minimum brokerage rate shall be the minimum rate charge and you are not entitled to any discount accorded to online trades when transacted online. This rate is also not applicable to institutional accounts where brokerage rates are negotiable, inter-broker accounts as well as external margin financing accounts. | |||
| 4 | The determination of the contract(s) for day trading activities under Non Margin Trading Account will be defaulted to sales contract(s) offsetting against the overdue purchase (herein refer as "P") contract(s), followed by P contract(s) on the same day, then against the remaining P contract(s) on FIFO basis. | |||
| 5 | The determination of the contract(s) for day trading activities under Margin Trading Account will be defaulted to sales contract(s) set off against P contract(s) of the same trading day and balance of such sales (herein refer as "S") contract(s) (if any) shall then be setoff against outstanding P contract(s) on FIFO basis (i.e. set off against the longest outstanding purchase first). | |||
| 6 | RHBIB is at liberty to impose charges that shall include but not limited to holding charges on any outstanding position at the rate to be determined and / or revised by RHBIB at its sole discretion from time to time. | |||
| 7 | I / We further undertake to inform you in writing in the event I / we no longer wish to conduct the day trading activities as mentioned herein. | |||
| 8 | I / We further confirm that I / we shall continue to be bound by these terms & conditions herein and the trading of Securities shall be subject to the terms and conditions and any terms and conditions imposed and / or to be imposed and / or revised by RHBIB at its sole discretion with or without notice. | |||
| 1.1 | The Client agrees to be bound by any affirmation, assent or agreement transmitted by the Client through the Services (defined as the Internet Services under clause 2.1 below and Mobile Services under clause 2.2 below) accessed by computer, including but not limited to any consent given by the Client to receive communications from RHBIB solely through electronic transmission. | |
| 1.2 | The Client also agrees to abide by any rules, procedures, standards, requirements or conditions established by RHBIB regarding the use of the Services or electronic communication facilities that RHBIB makes available. | |
| 1.3 | By confirming on the given filed in the online trading platform, the Client confirms his or her understanding, acceptance and receipt of the Services and these terms and conditions, acknowledges and demonstrates that he can access the Services and other HTML disclosures and regulatory materials on RHBIB's websites. | |
| 1.4 | The Client agrees that, when presently and in the future the Client clicks on an "I Accept", "I Consent" or other similarly worded "button" or entry field with his or her mouse, keystroke or other computer device, the Client's agreement or consent will be legally binding and enforceable and the legal equivalent of the Client's hand-written signature. | |
| 1.5 | RHBIB shall maintain the Client's information in confidence and may only disclose such information to its immediate legal and financial advisers and auditors as may be required in the ordinary course of its business or when required by a relevant authority, provided however, that RHBIB may use and disclose the information where such information is aggregated with other data which does not reveal Client-specific data. |
| 2.1 | INTERNET SERVICES | |||
| (a) | Upon subscription by the Client, RHBIB shall provide to the Client the online trading services via RHB TradeSmart or such other online trading platform as determined by RHBIB from time to time ("Internet Services"). | |||
| (b) | RHBIB may from time to time vary the scope of the Internet Services mentioned above without giving any notice thereof to the Client. The Client hereby agrees that his or her continued use of the Internet Services following the variation of scope of services constitutes his or her agreement to such variation or modification. | |||
| (c) | The Client shall utilize the Internet Services by means of any or all of the following media:- | |||
| (i) | Modem-equipped terminal or personal computer; | |||
| (ii) | Touch screen terminals; | |||
| (iii) | Any other medium of communication that RHBIB may, in its absolute discretion, adapt or introduce for the Client's use from time to time; | |||
| (iv) | Any other medium of electronic communication used by the Client and agreed to by RHBIB. | |||
| 2.2 | MOBILE SERVICES | |||
| (a) | Apart from the Internet Services, RHBIB shall also provide to the Client the facilities in relation to Bursa equities via Mobile telephony device(s) ("Mobile Services") upon subscription by the Client. | |||
| (b) | RHBIB may from time to time vary the scope of the Mobile Services mentioned above without giving any notice thereof to the Client. The Client hereby agrees that his or her continued use of the Mobile Services following the variation of scope of services constitutes his or her agreement to such variation or modification. | |||
| (c) | RHBIB may change or discontinue any aspect or feature of the Mobile Services at any time, including but not limited to features such as content, hours of availability, access type, level and marketing promotions. RHBIB reserves the right to vary, limit, suspend or terminate the Client's access or use of the Mobile Services at any time, with or without notice. The Client further agrees and acknowledges that whilst the Mobile Services is currently provided at no cost to the Client, RHBIB reserves its right to charge a subscription for providing the Mobile Services at any time. | |||
| 3.1 | RHBIB is hereby irrevocably authorised to act on all instructions of the Client received by RHBIB through the Services and the Client shall be liable and indemnify RHBIB for such instructions. | |||
| 3.2 | The Client acknowledges that all instructions of the Client received by RHBIB through the Services (whether authorised by the Client or not) are irrevocable and binding on the Client upon transmission of the instructions through the Services and RHBIB shall be entitled to effect, perform or process such instructions without your further consent and without any further reference or notice to the Client. | |||
| 3.3 | The Client further acknowledges that RHBIB shall be under no obligation to investigate the authenticity or authority of persons effecting the instructions and RHBIB may treat the instruction as valid and binding on the Client notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in the terms of such instructions. | |||
| 3.4 | Where the Client chooses to subscribe to the market data or any information of the relevant foreign stock exchange as part of the Internet Services through RHBIB, the Client agrees to adhere and consent to the terms and conditions applicable to, and / or imposed by, the respective foreign stock exchanges. | |||
| 4.1 | The Client expressly agrees that the Services are provided on an "as is" basis. RHBIB does not represent, warrant (whether express or implied) or guarantee the accuracy, completeness, timeliness or correct sequencing of the Services and any information provided thereunder and the Client acknowledges that there may be delays (particularly as delays may be caused due to the inherent hazards of electronic and / or mobile distribution), omissions or inaccuracies in relation thereto which is beyond RHBIB's control. | |||
| 4.2 | The information made available to the Client from the Services is provided solely on the basis that the Client will be responsible for making his or her own assessment of such information obtained via the Services and the Client is advised to verify all relevant information and obtain independent legal advice before acting on any information contained in the Services or in RHBIB's websites. RHBIB shall not be responsible for any decision made or action taken by the Client in reliance upon the Services and anything provided thereunder. | |||
| 4.3 | The Client acknowledges that whilst certain information provided through the Services has been independently obtained by RHBIB through sources RHBIB believes to be reliable, the Client agrees that such information has been provided for his or her convenience only and are not to be taken in substitution for the exercise of care, due diligence and judgment on the Client's part. In particular RHBIB accepts no liability whatsoever for any direct or consequential losses arising from the use of information provided by the Services. | |||
| 4.4 | In providing the Services to the Client, all warranties and obligations implied by the law are hereby excluded to the fullest extent permitted by the law. | |||
| 5.1 | The Client hereby agrees as follows:- | |||
| (a) | RHBIB shall not be liable to the Client or any party having access to the Services for any claims, demands, losses, compensations, liabilities, costs, actions and / or expenses suffered and / or incurred by the Client or the other party in connection with and / or arising from these terms and conditions or the use of the Services, including without limitation any liability with regard to the content and any action resulting from participation in any discussion forum provided under the Services or from the Client's use of any communication by electronic means when communicating with RHBIB or other third parties, even if RHBIB had been advised of the possibility of such claims, demands, losses, compensations, liabilities, costs, actions and / or expenses. | |||
| (b) | RHBIB shall not be liable for any claims, demands, losses, compensations, liabilities, costs, actions and / or expenses suffered and / or incurred by the Client arising from and / or in connection with (i) causes not within RHBIB's control (including but not limited to interruptions due to internet connectivity, communication, system and / or equipment failure, loss of power, unauthorised access, theft, strikes or other labour problems); (ii) any delay, interruption, connectivity or intermittent problem in any Services due to the telecommunications service providers and / or network locality and / or any upgrading, migration and / or introduction of new trading platform(s) which may be effected by RHBIB from time to time; (iii) any communication and / or system failure, delay, breakdown or other malfunctions howsoever occasioned by the system and / or server connection between RHBIB and Bursa Securities. | |||
| (c) | Any liability of RHBIB to the Client arising from and / or in connection with the Services that is not excluded by this Clause 5.1(a) and 5.1(b) and the above Clause 4 howsoever arising whether in tort, contract or otherwise will not exceed the relevant monthly service fee paid by the Client for the use of the Services hereunder. | |||
| 5.2 |
MOBILE DEVICE LIABILITY
In relation to the Mobile Services: |
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| (a) | RHBIB disclaims any liability for any technical problems arising from the downloading of the Mobile Services application by the Client if it is done in a manner not in accordance with RHBIB's advice such as executing a download without first ensuring that the WAP facility in the mobile telephony device is activated. | |||
| (b) | RHBIB shall not be liable for any losses, distortion or corruption of data arising from the Client's mobile solutions and / or telecommunications provider(s) including but not limited to electromagnetic interference, equipment failure or congestion in the telecommunication systems. | |||
| (c) | RHBIB shall not be liable to the Client for any loss of profits arising from any malfunction, unauthorised use, cloning or defect in the mobile telephony device / SIM card or the loss of the mobile telephony device, SIM card or services or any part thereof for whatever reasons. | |||
| (d) | RHBIB shall not be liable in terms of any unavailability, inaccessibility and uninterrupted use of the Mobile Services as may be caused by the Client's mobile solutions provider. | |||
| The Client agrees that the Services and anything provided thereunder are the property of RHBIB or RHBIB's sources, as the case may be. The Client agrees not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate, modify or commercially exploit the Services and anything provided thereunder in any manner whatsoever without the prior written consent of RHBIB nor use the Services and anything provided thereunder for any illegal purpose. | ||||
| 7.1 | The Client undertakes that it shall not, and shall not attempt to, tamper with, modify, decompile or otherwise alter in any way whatsoever the Services and anything provided thereunder. | |||
| 7.2 | The Client represents that the following statements are true and agrees that the Client: | |||
| (a) | is bound by these Specific T&Cs; | |||
| (b) | will use the Information and the Service solely in connection with the Client's investment activities and not in connection with any trade or business activities; | |||
| (c) | is not (including not being an owner, partner or associated person) a securities broker or dealer, investment adviser, futures commission agent, commodities dealer, commodity trading adviser, member of a securities exchange or association or futures exchange; | |||
| (d) | has full capacity and authority to accept and agree to these Specific T&Cs, to open, maintain and / or continue to maintain all Account(s) from time to time opened and / or maintained and / or continued to be maintained with RHBIB; | |||
| (e) | is fully understand and is aware of the process for submission of orders and the laws, rules, and / or regulations governing such submission(s) via various channels including but not limited to Direct Market Access (collectively "DMA"). | |||
| 7.3 | The Client agrees that RHBIB reserves the right: | |||
| (a) | to set limit and / or parameters and / or controls on the order, size, total exposure and / or types of contract that RHBIB considers appropriate in controlling the Client's access to the DMA Service which may be amended or varied by RHBIB without notice and RHBIB shall have the right at any time to refuse the Client's order that does not fulfill the eligible criteria; | |||
| (b) | to remove or to reject any orders transmitted by the Client using the DMA Service at any time without notice as it deems fit and appropriate; | |||
| (c) | to discontinue accepting orders from Client using DMA Services at any time without notice. | |||
| 8.1 | The Client agrees that:- | |||
| (a) | the Services and anything provided thereunder shall not constitute or be construed as an offer, invitation or solicitation to buy or sell any securities; | |||
| (b) | all orders made by the Client through the Services and executed by RHBIB pursuant thereto are made at the Client's sole risk; | |||
| (c) | the Services shall be used solely for the Client's own purpose and shall not be extended for use by third parties; | |||
| (d) | the Client shall notify RHBIB not later that twenty-four (24) hours from the time the Client becomes aware of the existence of any of the following:- | |||
| (i) | any losses or theft of its user identification, password and / or account number; | |||
| (ii) | any unauthorised use of any of its user identification, password and / or account number; | |||
| (iii) | any unauthorised use of the Services or anything provided thereunder; | |||
| (iv) | any failure by the Client to receive a message through the Services that an order made by the Client through the Service has been received and / or executed; or | |||
| (v) | any receipt of confirmation of business done in relation to an order which the Client did not place, or any similarly inaccurate or conflicting report or information. | |||
| If the Client fails to notify RHBIB accordingly, the Client must accept full responsibility for any consequences of such failure to notify RHBIB and that any report, information, contract note or any other document from RHBIB will be deemed to be correct and accepted by the Client. | ||||
| 9.1 | The Client will be responsible for the confidentiality and for the use of the Client's user identification, password and account number. The Client accepts responsibility for all orders and other information entered through and under its user identification, password and account number and any orders and other information so received by RHBIB will be deemed to have been received from the Client. | |||
| 9.2 | Immediately after placing an order, the Client agrees to review the business done to ascertain that the said order was correctly received by the Services and that a transaction reference number has been issued. RHBIB does not guarantee that it cancels an earlier order. | |||
| As consideration for the Client's access and utilisation of the Services hereunder, the Client agrees to pay service fees to RHBIB at the sum as notified by RHBIB to the Client from time to time, within fourteen (14) days from the date of RHBIB's invoice or any other specified date as may be determined by RHBIB. | ||||
| The Client agrees that RHBIB shall have a continuing security interest on the monies or securities in the Client's Account(s) with RHBIB to secure the timely payment of all sums owed by the Client to RHBIB hereunder and that RHBIB shall be at liberty to use or dispose such monies or securities in whatsoever manner to secure or satisfy the full payment of such overdue sums. | ||||
| The Client shall pay all taxes payable by it for the use of the Services, if any. | ||||
| 13.1 | The Client shall not be entitled to use the Services hereunder if there exists any restriction in the Client's Account(s) either imposed by RHBIB or by any lawful authorities, including but not limited to cash up-front restrictions. | |||
| 13.2 | RHBIB shall not be responsible for any failure by the Client to gain access to the Services arising out of any restrictions imposed on the Client's Account(s). | |||
| 13.3 | Access to the Services may be limited or unavailable during periods of peak demands, market volatility, system upgrades, maintenance or for other reasons. If the Services are unavailable or delayed at any time, the Client agrees to use alternative means to place his or her orders such as calling the DR or visiting its office. RHBIB will not be liable to the Client if the Client is unable to access his or her account information or request a transaction through the Services for any of the said reasons. | |||
| 14.1 | RHBIB reserves the right to request the Client to place monies or securities as deposit prior to the execution of any transaction through the Services. It shall be in the absolute discretion of RHBIB to determine the amount of deposit payable and the time and manner for the placement of such deposit by the Client. | |||
| 14.2 | RHBIB shall not be held responsible or liable for any failure by the Client to gain access to the Services arising out of the Client's failure, refusal or delay to place such deposit. | |||
| The Client hereby agrees that it shall indemnify and keep RHBIB indemnified against any claims, demands, penalties, losses, liabilities, costs, actions and / or expenses (including but not limited to solicitor's fees) arising from and / or in connection with this agreement including the Client's access / use of the Services or out of the breach of the Client of the terms of this agreement. This obligation to indemnify RHBIB shall survive the termination of this agreement. | ||||
| 16.1 | RHBIB may at any time forthwith terminate this agreement without notice to the Client for any reason whatsoever and RHBIB shall not be liable to the Client for any claims, demands, penalties, losses, liabilities, costs, actions and / or expenses suffered and / or incurred by the Client out of such termination, save and except that RHBIB shall refund on a prorated basis any monthly service fee which has been paid to RHBIB by the Client in respect of the unexpired period. | |||
| 16.2 | The Client may terminate the provision of the Services by giving written notice to RHBIB whereupon RHBIB shall, within seven (7) market days from the date of receipt of the said notice, do all that is necessary to effect the said termination. | |||
| 17.1 | RHBIB shall not be liable or responsible for any claims, demands, penalties, losses, liabilities, costs, actions and / or expenses suffered and / or incurred by the Client arising from and / or in connection with any computer and / or mobile virus contracted by the Client's computer system and / or mobile telephony device, as the case may be, whilst accessing or utilizing the Services or downloading anything provided thereunder. | |||
| 17.2 | The Client shall forthwith notify RHBIB of any computer and / or mobile virus affecting the Client's computer and / or mobile telephony device. | |||
| 18.1 | These terms and conditions shall be read together with the General Terms & Conditions of the Application Form and with any other agreements signed between the Client and RHBIB including any Margin Agreement between the Client and RHBIB. | |||
| 18.2 | In the event of inconsistency between these terms and conditions and the General Terms & Conditions, these Specific T&Cs shall prevail in governing the online trading services. | |||
If there are any updates/changes that affect client tax residency/FATCA/CRS status, client further hereby agree to notify and furnish RHBIB with relevant foreign Tax Identification Number (TIN) and/or documentary evidence within 30 days of such change. Further, client consent to and authorise RHBIB to perform any of the following, if applicable:
| i. | Withhold any applicable payments in the account(s); | |
| ii. | Report/disclose/exchange any information/documents relating to client accounts/affairs to IRBM or any foreign tax authorities/inland revenue authorities in compliance with any tax requirements; | |
| iii. | Terminate (with prior notice) client contractual relationship(s) with RHBIB |
By using or accepting the Services, Client confirm and agree that:
| i. | without prejudice to the applicable terms and conditions governing the relationship between the RHBIB and Client, Client confirm that have read this Terms and Conditions for FATCA and CRS and fully understand the implications of this Terms and Conditions by which Client irrevocably agrees to be bound; | |
| ii. | Any agreement, waiver, representation and/or confirmation given in, or to be given pursuant to, this Terms and Conditions is irrevocable. | |
| iii. | It is Client responsibility to obtain independent professional advice from adequately qualified legal or tax advisors on its obligations under and the consequences of this Terms and Conditions. RHBIB do not provide tax or legal advice and are unable to advise Client regarding the US federal income tax or other tax consequences to them under Client particular circumstances. | |
| iv. | In the event of any conflict or inconsistency between any of the contents of this Terms and Conditions and other terms and conditions that govern Client relationship with RHBIB, this Terms and Conditions in relation to FATCA and CRS shall prevail. |
