Derivatives Trading Account Opening Form (New Account . - Bualuang

Transcription

%&'()* ,-.'(/.'012 )34*0TFEX:( ) ?@ABCDEFGCH( ) ?@ABC Block Trade DEFGCHIJKLMNLOPIJKEQGRS Mkt. ID GCU/VWFWDerivatives Trading Account Opening Form (New Account/Additional Account)DateI ( Customer ) am desirous of opening a Derivatives trading account withBualuang Securities Public Company Limited ( Company ) with its registered head office situated at 191 Silom Complex Building, 10th, 12th, 19th, 23rd, 29th32nd floor, Silom Road, Silom Sub-district, Bang Rak District, Bangkok. Request for Opening Derivatives Trading Account (New Account / Additional Account)I wish to ( ) Open new account (in case that the Customer has no derivatives trading account opened with the Company)( ) Open additional account (in case that the Customer already had derivatives trading account opened with the Company)Please select the account type and specify the required credit limit (The approved limit shall be in the sole discretion of the Company.)( ) Normal account with credit limit of Baht ( ) Block Trade account with credit limit of Baht Payment for the Purchase of the Securities and Proceeds from Sale of the Securities( ) I hereby agree to use my latest bank account which has already been applied the Automatic Transfer System (ATS) service with the Company.( ) I have never applied the Automatic Transfer System (ATS) service with any trading account opened with the Company. In this regard, I hereby notifythe detail of ATS account, as follows:Bank Branch Account typeAccount NumberSavingCurrentRemark: 1. The Name of bank account must be the same name as stated in the Securities Trading Account Opening Form. Joint account is prohibited.2. The Request for Deduction of Deposit form and copy of bank statement which presented my name and account number had already been attached herewith. Margin Requirement Calculation( ) SPAN Experience/Knowledge and Understanding of Derivatives and Related Risks( ) Experience in derivatives trading with (please specify Broker/Agent name)( ) Knowledge and understanding of derivatives trading[ ] Good [ ] Fair [ ] Poor [ ] NonePlease speciy the seminar programCustomer0s Terms and ConditionsI hereby certify that the above information is true, correct and fully complete. In case where the information mentioned above have been changed, I shall informsuch changes in written notice to the Company promptly.I agree to comply with the Agreement Appointing an Agent/Broker for the Trading of Derivatives attached hereto (hereinafter referred to as the AttachedAgreement ). Furthermore, I acknowledged that the Company has posted the Attached Agreement on Company website for more convenience and thoroughunderstanding of Company;s Customers. The Attached Agreement shall be deemed as integral part hereof. In the event of conflict between the AttachedAgreement and this document, the provision of this document shall prevail.In the event that the Company is requested or required by law or any order of court of competent jurisdiction or government agency or any obligation oragreement, or in case of any reasonable causes, I agree and consent the Company to disclose (1) my identification and/or my benefitial owner from the use ofservices or the conduct of transactions with the Company (2) my transaction hereunder (3) the purpose of transaction and accout opening (4) my creditinformation and (5) any other information and/or transaction related to this document to (a) the government agency of Thai and/or foreign state (b) regulators (c)counter party (d) affiliates (e) staff or employee of the Company and affiliate (f) credit bureau or (g) introducing broker agent. In addition, I consent theCompany to verify my information or do any necessary act if it is requested or required by law or any order of court of competent jurisdiction or governmentagency or any obligation or agreement.Derivatives Trading Account (New Account/Additional Account) V.2.01Page 1 of 13

In addition, in the case that the Company amends or modifies any terms and conditions herein and/or the Attached Agreement, the Company will notify me inwriting or display at the Company;s place of business or post on the Website and I hereby agree and accept to strictly comply with such amended terms andconditions.This form and the Attached Agreement shall valid and effective upon the submission of the written notification by the Company to the Customer via mail usingthe address the Customer provided to the Company. In case where the Customer also provides email address to the Company, the Company shall aslo notify theCustomer the effective date via the email address given by the Customer, as additional channel, from the Company;s email address of which specified in theAttached Agreement.X()()Derivatives Trading Account (New Account/Additional Account) V.2.01CustomerInvestment Consultant (witness)Page 2 of 13

AGREEMENT APPOINTING AN AGENT/BROKER FOR THE TRADING OF DERIVATIVESTHIS AGREEMENT is executed by and between Bualuang Securities Public Company Limited with registered head office situated at 10F, 12F, 19F, 23F, 29-32/F SilomComplex Office Building, 191 Silom Road, Silom Sub-district, Bangrak District, Bangkok (hereinafter referred to as the Company ) on the one part; and the Customer on theother part. The Customer agrees to open a Derivatives trading account with the Company. NOW, THEREFORE, the Company and the Customer hereby agree as follows:1.Unless otherwise defined in this Agreement, the definitions as stipulated in the Derivatives Act B.E. 2546 (2003) as amended from time to time shall apply mutatismutandis to this Agreement.In this Agreement:Derivatives means Derivatives contract under the Derivatives Act B.E. 2546 (2003) as amended from time to time.Goods means Goods as defined in the Derivatives Act B.E. 2546 (2003), including but not limited to securities, gold, crude oil, or any other property as specified inthe notification of the SEC as amended from time to time.Variables means Variables as defined in the Derivatives Act B.E. 2546 (2003) as amended from time to time.Securities shall include treasury bills, bonds, bills, shares, debentures, investment units, including but not limited to instruments or evidence representing the rightsto the property of a mutual fund, certificates representing rights to purchase shares, certificates representing rights to purchase debentures, certificates representingrights to purchase investment units, and any other instruments to be described by the Office of the SEC, including other fruits of securities thereof.Futures Exchange means Thailand Futures Exchange Public Company Limited or any other Futures exchange with a license from the SEC.Clearing House means Thailand Clearing House Company Limited or any other clearing house with a license from the SEC.Securities Exchange shall include the Stock Exchange of Thailand, Over-the-Counter Center and any other centers for trading of Securities.Depository Center means a place treated as a center to provide depositary and withdrawal of Securities services as well as related services for the purpose of setoff.SEC means the Office of the Securities and Exchange Commission, the Capital Market Supervisory Board and/or the Securities and Exchange Commission.Derivatives Agent means a person who is given a license to undertake the Derivatives Agent business both on the Futures Exchange and over-the-counter andprovides or demonstrates to the public that the same can provide the Derivatives Agent business in Trading Derivatives with others.Customer means person whose name appears as a Customer in the Application for Opening a Securities / Derivatives Trading Account, including the agent or theauthorized person appointed by such Customer to sign or place orders for and on behalf of the Customer or perform any acts under this Agreement (i.e. take deliveryof or deliver any documents) directly.Purchase Order means a purchase offer under the terms and conditions on Derivatives Trading stipulated by the Company under the provisions of the RelevantRegulations.Sale Order means a sale offer under the terms and conditions on Derivatives Trading stipulated by the Company under the provisions of the Relevant Regulations.Trading means a purchasing order or a selling order, the matching of which is confirmed by the Futures Exchange and under the provisions of the RelevantRegulationsMargin means Margin stipulated by the Company and requested from Customers as the guarantee for the performance of Derivatives and this Agreement.Initial Margin means minimum properties that a Customer shall deposit or pay for the purchase or sale of each Derivatives at the rate or amount stipulated by theCompany and under the provisions of the Relevant Regulations.Maintenance Margin means minimum properties that a Customer shall maintain for the purchase or sale of Derivatives at the rate or amount stipulated by theCompany and under the provisions of the Relevant Regulations.Additional Margin means properties other than Initial Margin and Maintenance Margin that a Customer shall deposit with the Company for the purchase or sale ofDerivatives at the rate or amount stipulated by the Company under the provisions of the Relevant Regulations.Beneficiary from Customer0s Derivatives Trading means a person who is a beneficiary or a joint beneficiary or has control power on Trading or providesfinancial supports, whether directly or indirectly, including a person pursuant to the notification of the SEC as amended from time to time.Penalties means the Penalties at the rate of 21% per annum as may be changed by the Company from time to time and under the provisions of the RelevantRegulations.Market Value means the value of Derivatives Trading position calculated from market price of each type of Derivatives as stipulated by Futures Exchange and/orthe Company under the provisions of the Relevant Regulations.Customers0 Properties means money or other properties deposited by the Customers with the Company for their payment of debts and/or as the Margin under thisAgreement, together with rights and benefits arising out of such properties.Relevant Regulations means the Derivatives Act B.E. 2546 (2003) as amended from time to time, the rules, the regulations, the notifications or orders issued bythe SEC or the Office of the SEC or the Futures Exchange or the Clearing House, together with the laws and regulations applicable to Derivatives or Goods orVariables as amended from time to time.Fees means agency Fees under this Agreement at the rate stipulated by the Company, together with all taxes, stamp duty and other expenses related to DerivativesTrading.Networking Company means the Derivatives Agent who has entered into the agreement with the Company with respect to the transfer of Customers; PurchaseOrder or Sale Order in case there occurs any force majeure or any emergency circumstances to the computer system of the Company.Trading Limit means the Customer;s maximum Derivatives Trading Limit at a time as approved and stipulated by the Company.Position Limit means the maximum Trading position of all or each type(s) of Derivatives possessed by a Customer at a time as approved and stipulated by theCompany under the provisions of the Relevant Regulations.Business Days means the day on which the Futures Exchange and the Clearing House operate their business as usual.8Website: means the website at www.bualuang.co.th or any other website that the Company may notify the Customer from time to timeDerivatives Trading Account (New Account/Additional Account) V.2.01Page 3 of 13

General Terms and Conditions2.The Customer agrees to appoint and authorize the Company to act as the Customer;s Derivatives Agent, to perform any acts in relation to the Derivatives Trading forand on behalf of the Customer, and to perform any necessary acts with respect to Derivatives and Goods or Variables both on the Futures Exchange and over-thecounter. The Company is also entitled to appoint any person as its substitute agent to perform all or any acts under this Agreement and this Agreement shall bedeemed the power of attorney, whereby the Customer agrees that such appointment or authorization shall not be cancelled or revoked, in whole or in part, unless theCustomer pays debt in connection with this Agreement or other debts owed to the Company in full and the Company agrees to accept such appointment andauthorization.Such appointment and authorization shall include:3.4.5.6.7.-The delegation to the Company to keep, transfer, accept transfer, deliver, take delivery the Derivatives, and receive any other benefits with respect to theDerivatives Trading have been purchased and/or sold and/or obtained by the Company for and on behalf of the Customer or to create any obligation to bind theCustomer as specified in this Agreement, including to sign any documents and/or instruments in relation to such acts.-The delegation to the Company for examining and rectifying any other benefits in relation to Derivatives and Goods or Variables for the Customer. Furthermore,the Company is also entitled to exercise the Customers; rights under Derivatives and Goods or Variables only in the case where it is for the Customer;s benefit.The Company shall also be authorized to pay Fees and other expenses with respect to Derivatives Trading and Goods or Variables, to demand, to receivepayment of Derivatives and Goods or Variables; price, to withhold and submit all taxes and to execute any documents or instruments which the Company hasarranged for and on behalf of the Customer.All acts done by the Company for and on behalf of the Customer under this Agreement shall be deemed the Customer;s own acts, whereby the Customer shall notrepudiate any liabilities or objects to any acts carried out pursuant to this Agreement.The Customer has duly read and has been duly informed of the Relevant Regulations, together with the Company;s terms and conditions in Derivatives Trading andthe Customer shall strictly comply with such Relevant Regulations and terms and conditions, including the amendments thereto after the date of this Agreement,unless otherwise stipulated by the CompanyThe Customer hereby acknowledges that Derivatives Trading of the Customer through the Company on the Futures Exchange and over-the-counter shall not in anyway create any direct legal relationship among the Customer, the Futures Exchange and the Clearing House.The Risk Disclosure Statement relating to the Derivatives Trading, the other documents related to Derivatives as stipulated by the Company, and other documentssigned by the Customer and/or submitted to the Company shall also form the part of this Agreement.The Customer hereby represents that all information disclosed to the Company is true and correct in all respects. If some information given to the Company appears tobe false and may materially affect the terms and conditions under this Agreement, the Company is entitled to carry on with the procedures in Clause 20 and/or toconsider that the Customer is in breach of this Agreement.In case of any change as to the Customer;s data in details of the Customer under this Agreement, the Customer agrees to inform the Company of such change inwriting immediately and the Company shall not be liable to any damage arising from the non-compliance to such terms by the Customer.The Customer agrees to notify and provide the following information, and clarify such information in detail to the Company, the Futures Exchange, the ClearingHouse, the SEC or other regulators upon request, or according to the rules as specified by those organizations:(1) identifiable information manifesting the Customer and all persons who are the beneficial owners of listed securities trading regardless of directly or indirectly(2) the purposes of securities investment(3) the trading information of the Customer, notwithstanding the transactions were traded with the Company.(4) the information specified under (a), (b) and (c) of direct or indirect individual account of an omnibus account to the extent that the Customer knows or shouldhave known as a result of holding such omnibus account.The Customer gives consent to the intermediary for temporarily suspending services as broker of listed securities, closing a trading account, limiting trading volume,or performing any other act relating to listed securities trading of the Customer in order to comply with the Futures Exchange, the Clearing House, the SEC or otherregulators in cases where it appears the following facts:(1) the Securities trading by the Customer has or may have an impact on the orderly trading of Securities, or has caused or may cause the trading price of theSecurities to deviate from normal market conditions;(2) the Customer;s Securities trading behavior is inappropriate or may contravene the law on securities and exchange ;(3) the Customer fails to notify, provide information or prepare clarification under clause 26, or provides false or materially misleading information.Subject to the provisions of the Relevant Regulations, the Customer hereby gives consent the Company disclosing all or any part of information on the Customer,Derivatives Trading position, an account, Derivatives Trading transactions and/or information in connection with Derivatives Trading, which is possessed by theCompany in any sources of format, including but not limited to documents, recordings and/or electronics media to the SEC, any governmental agency, the FuturesExchange, the Clearing House, the Company;s legal advisor, the Company;s auditor and the Company;s affiliate, parent company and the Company;s subsidiary andto disclose such information as required by laws or by any court order, which includes the examination of the Customer;s data, the compliance of law on credit dataand law on anti-money laundering.The parties shall be bound by this Agreement without a specified period of time unless terminated by either party. The termination of this Agreement shall not affectthe parties; rights and duties occurring prior to the effective date of such termination.Unless otherwise provided in Clause 22-25 of this Agreement (Outclosing Derivatives Trading Position), the Customer may terminate this Agreement when it appearsthat the Customer does not own any obligation with the Company and that termination thereof shall be notified to the Company in writing which shall becomeeffective upon the date falling the seventh Business Day as from receipt of such notice by the Company. The Customer allows the Company to exercise its discretionwithout any liabilities to suspend or stop trading of the Securities.Derivatives Trading Account (New Account/Additional Account) V.2.01Page 4 of 13

8.If the Customer wishes to terminate this Agreement while the Customer;s debts owed to the Company remain outstanding, the Customer agrees that all debts andobligations owed to the Company shall become due and payable immediately. In this regard, the Agreement shall be terminated on the date that the Customer;soutstanding amount is paid in full.If the Customer does not undertake Derivatives Trading in any of the accounts opened with the Company and does not retain Derivatives Trading position in theaccount for a period of time as prescribed by the Company, the Customer agrees to pay the Fees for account maintenance to the Company at the rate prescribed by theCompany within a company;s specify period. The Company reserves its right to suspend or close all Customer;s accounts opened with the Company.Where the Company shall terminate this Agreement, the Company shall notify the Customer in writing in which case the Customer agrees to settle all obligations,interest and accessories within a period of time as prescribed by the Company.Apart from the provisions in this Agreement, the parties also agree to be bound by the Relevant Regulations and trade practices in Derivatives Trading and securitiestrading.Derivatives Trading9.The Customer accepts that each Derivatives Trading is the Customer;s own decision. Any information, news, or recommendation as to Derivatives Trading from anyof the Company;s officers shall be formed the Customer;s own decision which case the Customer agree to make responsible in all respects, except it is willful ornegligence of the Company or default of the Company or contradict to the provisions of the Relevant Regulations.10.In placing Purchase Order or Sale Order with regard to type, and price in accordance with this Agreement, the Customer understands the types of Purchase Order orSale Order and conditions in relation to such orders as stipulated by the Futures Exchanges and/or the Company. The Customer may place orders either verbally or inwriting, via electronic means, or by any other means under the laws or customary practice that the members of Futures Exchange applies on the Futures Exchange andover-the-counter at the time being, in order for the Company to place Purchase Orders or Sale Orders of the Derivatives from time to time.If the Customer places Purchase Order or Sale Order in writing, the Customer must use the form designated by the Company. If the Customer places order verbally orover the telephone, it shall be considered as Purchase Order or Sale Order in accordance with this Agreement when the Company acknowledges such order correctlyand without any doubts. The records kept by the Company pursuant to the Customer;s instructions shall be valid evidence against the Customer under the provisionsof the Relevant Regulations.In case where the Customer places Purchase Order or Sale Order over the telephone, the Customer agrees that the Company may record such Purchase Order or SaleOrder conversation over the telephone in order for the Company to keep such record of conversation as evidence for the Company;s operation pursuant to thisAgreement.11.Both parties hereby agree and accept that orders for trading of Derivatives shall be specific as to the name, category, type, quantity and prices only. There will be nospecification to and from whom the Derivatives shall be traded, who holders of the said Derivatives are or whether such Derivatives shall carry specific nature. TheCompany may take from or deliver to any purchasers, sellers or the Customer any Derivatives of the same category, type and quantity.For the Derivatives Trading, the Customer agrees and accepts that the Company is not bound to accept and/or place Purchase Orders or Sale Orders of the Derivativesof the Customer and the Company is not liable to inform any reasons to the Customer and the Company may trade Derivatives with the Customer as Customer;scounterparty. The Company shall immediately inform the Customer if the Company does not accept an order from the Customer. In this regard, this Agreement shallbe deemed to be a written consent of being a party in such transaction without prior written notice from the Company.Unless specified in the Purchase Order or Sale Order by the Customer, the Customer is bound by Purchase Order or Sale Order upon making an order or deemedmaking an order. In case where the Company is unable to undertake all or part of the Derivatives Trading as per Customer;s order, part of an order that cannot beundertaken shall be cancelled upon the end of the period as specified in an order or as prescribed under the Relevant Regulations. If the Company undertakes all orpart of Customer;s order, the Customer agrees to be bound by the consequence of such Derivatives Trading in all respects and in case the Company is unable toundertake all or part of the Derivatives Trading as per requested by the Customer, the Company shall not be liable for any loss or damages incurred to the Customer.12.The Company agrees to open such account for the Customer within a Trading Limit and under the method of calculation as prescribed by the Company, at the rate ofwhich does not exceed the Position Limit. The Company can at its own discretion and without any consent from the Customer increase or reduce the Trading Limitand/or Position Limit and the Customer accepts such increase or reduction. In case the Company undertakes the Customer;s Purchase Order or Sale Order, whichexceeds the Trading Limit and/or Position Limit, the Customer agrees to accept all the consequences of such order. However, the Company shall be entitled to refuseto undertake the Customer;s order that exceed the Trading Limit and/or Position Limit. In this regard, the Customer acknowledges such refusal and will not make anyclaims whatsoever against the CompanyFor the purpose of determining the Trading Limit and the Position Limit of the Customer under this Agreement, the Company may aggregate all accounts of theCustomer and the Beneficiary from Customer;s Derivatives Trading opened with the Company in order to calculate and determine the Position Limit.13.The Customer agrees to provide Customer;s Properties as Margin to be deposited with the Company in order for the Derivatives Trading under this Agreement. The valueof such deposited Margin shall not be less than the value or the rate as prescribed by the Company prior to each Derivatives Trading. In this regard, the Customeracknowledges and accepts that the Company may allow the Customer to trade on Derivatives without a prior Margin deposited with the Company upon the Company;s solediscretion and in accordance with rules and regulations as prescribed in the Relevant Regulations.14.The Customer shall notify the cancellation or change of Purchase Order or Sale Order, either in whole or in part, to the Company before such Purchase Order or SaleOrder is undertaken. Cancellation or change of order shall be in effect upon confirmation from the Company. Such cancellation or change of order shall not affect anyaction of the Company prior to the completeness of the cancellation or change of order.15.The Customer agrees to pay all Fees in Derivatives Trading to the Company no later than the next Business Day following the date of purchase or sale of Derivatives orwithin the period specified by the Company and under the Relevant Regulations, also such Fees shall be calculated by the method as prescribed by the Company. TheCustomer agrees that the Company shall be entitled to deduct Fees from the cash standing in credit in the Customer;s Derivatives Trading AccountIn case the Customer pays all Fees and expenses under this Agreement by cheque, the payment shall be deemed duly made only after such cheque is honored. If thereoccurs any change in the rate of Fees or of other expenses owed by the Customer, the Customer hereby agrees to pay at the new rate.16.If it appears to the Customer that there is a mistake or inaccuracy in the Purchase Order or Sale Order, the Customer is required to refute the correctness andcompleteness of such confirmed order with the Company within such trading day. Otherwise, it is deemed that the Customer accepts such order or DerivativesDerivatives Trading Account (New Account/Additional Account) V.2.01Page 5 of 13

Trading to be true, correct and complete.Margin and Customer0s Properties17.The Company will calculate the value of Derivatives in Customer;s account and adjust the Margin value deposited with the Company in order to be in accordance withactual Market Value as prescribed under the Relevant Regulations at least by the end of each Business Day or as prescribed by the Company.18.The Customer agrees to maintain Maintenance Margin in accordance with the Relevant Regulations and as prescribed by the Company. If the aggregated value or rate ofCustomer;s Margin is lower than the Maintenance Margin at the end of any Business Day, the Company shall not allow the Customer to create any additional PositionLimit. The Customer is required to deposit Additional Margin in order that the value or rate of the Maintenance Margin in Customer;s account is equal to the Initial Margin,whereby the Customer shall deposit Additional Margin within the period as prescribed by the Company.19.Under the provisions of the Relevant Regulations, the Company may request the Customer to deposit Additional Margin with the Company for each type and eachclass of Derivatives in the amount, rate or value and within the period specified by the Company.20.Without prejudicing any other rights of the Company available under the Relevant Regulations or under this Agreement, in case where the Company does not receive the Marginso requested from the Customer within the specified period, the Company is entitled to undertake any of the following acts:- the Company is entitled to refuse Customer;s Purchase Order or Sale Order except if such Purchase Order or Sale Order is intended for the purpose of out-closing theDerivatives;- the Company is entitled to immediately close-out all or part of Customer;s Derivatives;- the Company is entitled to close-out or retain Margin or any other benefit that the Customer currently has with the Company; and- the Company is entitled to demand for the Penalties for default to deposit Margin for the amount that is in default or the Fees which the Customer must pay.21.The Customer expressly understands and accepts that the Company has prescribed measures in minimising risk as to its business of agency in trading of Derivatives; as aconsequence, the Company may specify the type of the Margin that the Customer shall deposit for the propose of the Derivatives Trading, which must not contradict withthe Relevant Regulations.Out-closing Derivatives Trading Position22.Where the position of the Derivatives in the Customer;s Derivatives Trading Account exceeds the Position Limit as prescribed by the Company, the Customer agreesand accepts that the Company shall close-out Customer;s Trading position until Customer;s Position Limit is in accordance with crite

The Name of bank account must be the same name as stated in the Securities Trading Account Opening Form. Joint account is prohibited. 2. The Request for Deduction of Deposit form and copy of bank statement which presented my name and account number had already been attached herewith. Margin Requirement Calculation ( ) SPAN