LONDON BOOKING CENTRE TERMS AND CONDITIONS

Transcription

LONDON BOOKING CENTRE TERMS AND CONDITIONSEffective from December 2019

CONTENTSSection 1 General Terms . 4Part A Our Private Banking Relationship . 4Part B Instructions, Notifications And Communications. 6Part C Information, Statements And Records . 9Part D Charges, Interest And Payments . 14Part E Termination, Suspension And Enforcement . 19Part F Collateral . 22Part G General. 23Section 2 Banking Terms. 31Part A Deposits, Including Term Deposits . 31Part B Operating Accounts . 33Part C Payments . 37Section 3 Investment Terms . 41Part A Investment services. 41Part B Securities Dealing . 42Part C Collective Investment Schemes / Funds . 46Part D Custody Services . 48Section 4 Credit facility And Trading facility Terms . 52Part A Credit facilities . 52Section 5 Regulatory Dsiclosures For The United Kingdom . 57Section 6 Meaning Of Words . 65

IMPORTANT NOTICEYou need to read this document.These booking centre terms and conditions apply where we, Standard Chartered Private Bank, maintain an account for you in London,and apply in relation to the services that we offer you. They also apply to each product or service we agree to provide to you from time totime, in addition to other documents such as the product terms, service terms and the fee schedule.Unless we notify you otherwise, these booking centre terms and conditions will apply to any product or service offered by us which youapply for in the future. We may ask you to enter into a separate agreement relating to that product or service.These booking centre terms and conditions supersede any terms and conditions relating to products or services provided by us. Youhave a right to receive an up-to-date copy of these booking centre terms and conditions in a durable medium at any time throughout theduration of our contractual relationship. Additionally, an up-to-date version of these booking centre terms and conditions is available atall times on our website at https://www.sc.com/privatebank/en/The booking centre terms and conditions take effect when you choose us to be your booking centre, or if we have already been providingyou with products and services, on the date your existing terms and conditions for such products and services are amended and replacedby these booking centre terms and conditions.These booking centre terms and conditions are supplied in English. Any communications between you and us under these bookingcentre terms and conditions will be in English. If you need to contact us about any aspect of our relationship, please contact your PrivateBanker. If you are in any doubt as to the meaning or effect of any of these booking centre terms and conditions, we recommend that youseek independent legal advice.For the avoidance of doubt, to the extent any of your relationship centre terms and conditions conflict or are inconsistent with thesebooking centre terms and conditions in respect of any products or services provided by us, the terms of these booking centre terms andconditions shall prevail.Key wordsThe meaning of key words printed in italics like this are explained in Section 6. We also have a glossary of certain industry standardterms used in these booking centre terms and conditions which is available at: yof-standard-terms.pdf3

SECTION 1 GENERAL TERMSPART A OUR PRIVATE BANKING RELATIONSHIP1.The terms of our relationship1.1Welcome to Standard Chartered Private Bank. We welcome this opportunity to provide private banking services to you.The private banking services offered the Standard Chartered Group are made up of: (i) general execution and custody services,which are provided by us as your booking centre, and (ii) relationship and advisory services, which are provided by a PrivateBanker from a relationship centre. Your booking centre(s) and the relationship centre may be in the same location, or may belocated separated. These arrangements are described in more detail below.1.2To open a private banking account with us, you should complete an appropriate account opening application and submit it to yourPrivate Banker together with the supporting documents that may be required. We reserve the right to decline to accept any suchaccount opening application.The booking centre1.3As your booking centre, we will be responsible for opening and maintaining a private banking account in your name, carrying outexecution, clearing and settlement services and providing custody services for the account(s) we maintain for you, as set outin these booking centre terms and conditions. You may give instructions to us directly or through your Private Banker located inyour relationship centre. You should also see clause 1.7.The relationship centre1.4A Private Banker will be assigned to assist you with your relationship with the private banking division of the Standard CharteredGroup. Your relationship centre will be responsible for providing you with relationship services. You should be aware that yourrelationship centre has no authority to commit us to execute any transactions on your behalf, and we may exercise our independentdiscretion to decline to act on any instruction.1.5Your relationship centre need not be in the same location as your booking centre. You should see clause 1.7.1.6There are separate relationship centre terms and conditions which apply between you and the relationship centre.Product agreements and service agreements1.7A product agreement or service agreement entered into with a booking centre binds that booking centre only (unless expresslystated otherwise), and not other booking centres or your relationship centre. Similarly, an agreement with a relationship centrebinds that relationship centre only. Neither your relationship centre nor your Private Banker has the authority to act or enter into aproduct agreement or service agreement on behalf of a booking centre.1.8If you are not domiciled in the same location as your booking centre, additional terms and conditions may apply as notified by us.1.9While your relationship centre is authorised to give you information about products or services offered by us, neither yourrelationship centre nor the Private Bankers or other employees or agents have any authority to make representations or agree toterms that are not already set out in a product agreement or service agreement.1.10If we agree to provide a product or service to you, the terms and conditions on which you may purchase or use the product orservice will form our product agreement or service agreement, as the case may be. Each product agreement or serviceagreement is made up of the following documents, as may be applicable: the application; the product terms or service terms; any letter of offer; any approval, confirmation or transaction record; the fee schedule; these booking centre terms and conditions read together with the account opening application; any risk disclosure statements or guidelines we issue in connection with the use of a product or service (for example,guidelines for use of electronic banking services); and any other terms and conditions that form part of our product agreement or service agreement as varied or replaced fromtime to time.4

In these booking centre terms and conditions, where we use the words “product” or “service”, we do so interchangeably forconvenience. If the context allows, a reference to a product includes a service, a reference to product terms includes serviceterms, and a reference to product agreement includes service agreement. The reverse also applies.1.11The terms of our product agreement or service agreement apply to each purchase or use of a product or service by you or anyauthorised person. If you do not agree with or understand the terms of our product agreement or service agreement, you shouldnot carry out the transaction or access any account we maintain for you.1.12In relation to any products distributed or referred by us which originate from third party service providers, we may or may not actas your agent, any dispute over the contractual terms or performance of such products should be resolved between you andthe third party service providers, and you agree that we owe you no liability with respect to the products except as otherwiseexplicitly indicated in the applicable product agreement or herein.Interpretation1.13If there is any inconsistency between: these booking centre terms and conditions and any specific terms (such as product terms, service terms or any letter ofoffer or collateral document), the specific terms prevail; and Section 1 of these booking centre terms and conditions and Section 2 to Section 6 of these booking centre terms andconditions, Section 2 to Section 6 will prevail.1.14These booking centre terms and conditions and the accounts we maintain for you are subject to applicable law. If and to theextent that any provision of applicable law conflicts with any provision of these booking centre terms and conditions and suchprovision of applicable law cannot be varied contractually, such provision of applicable law shall prevail.2.Pre-conditions to use of any product or service2.1Subject to applicable law we need not provide any funds to you or otherwise allow you to use a product or service if: we consider you may be in default; you have not satisfied any pre-conditions to us set out in our approval, the applicable product terms or service terms,elsewhere in our product agreement or service agreement or as we notify you at any time; you have not given us the collateral we require in addition to the collateral set out in Section 1 Part F (Collateral); we consider that you may not be able to satisfy your obligations to us under our product agreement or service agreement.We may determine this is the case if, for example, there has been a change in your financial position since the date of yourapplication; we advise you that funds can only be provided or the product or service can only be used during a specified period (forexample, the availability period), and that period has expired; you have not provided us with all documents and information we reasonably request; you provide any incorrect, incomplete or misleading information or document or make an incorrect or misleadingrepresentation or warranty; circumstances beyond our control occur which prevent us from providing the product or service to you; or if we reasonably determine that it would involve a breach of any applicable law or be inconsistent with our policy or prudentbanking practice.3.Minimum account balance3.1We may require you to maintain a minimum account balance. If you do not maintain any minimum account balance we set, wemay charge a fee the account we maintain for you. For details of the minimum balance or applicable fee, please contact yourPrivate Banker or refer to our fee schedule.4.Review4.1We may review these booking centre terms and conditions, the product terms or the service terms at any time. We may, subjectto applicable law or the product terms or service terms: terminate any banking relationship (including closing any account we maintain for you) without giving reasons; terminate or cancel a product agreement or service agreement;5

adjust any limit or interest rate applying to the product or service or vary its term; ask you to place additional assets with us in order for us to continue to provide you with any product or service or continueour banking relationship with you; require additional collateral; and/or otherwise vary these booking centre terms and conditions or the terms of our product agreement or service agreement.Client categorisation4.2We have to categorise all our customers in accordance with applicable law to reflect the level of consumer protection to whichcustomers are entitled. Please refer to Section 5 (Regulatory Disclosures for the United Kingdom) for further details on clientcategorisation.PART B INSTRUCTIONS, NOTIFICATIONS AND COMMUNICATIONS5.InstructionsForm of instructions5.1You may provide instructions to us through your relationship centre (by providing instructions to your Private Banker) or directlythrough any electronic banking service. Unless

product agreement or service agreement on behalf of a booking centre. 1.8 If you are not domiciled in the same location as your booking centre, additional terms and conditions may apply as notified by us. 1.9 While your relationship centre is authorised to give you information about products or services offered by us, neither your relationship centre nor the Private Bankers or other employees .