cgs-cimb securities (india) private limited · 5/19/2020 · authorization letter given by client...
TRANSCRIPT
Registered & Corporate Office: 603 Platina, G Block, Plot No C 59, Bandra Kurla Complex, Mumbai 400 051 INDIA
CGS-CIMB SECURITIES (INDIA) PRIVATE LIMITED
Client Name :
Client Code :
CLIENT REGISTRATION KIT
FORM NO:-
Client Status : Resident / NRI / QFI
Version - 3
DOCUMENT RELATED
Application form filled in CAPITAL LETTERS
All Corrections / overwriting on the application form duly authenticated by ALL applicants
Acquiring sales team details (AP Code, RM Code etc) captured on the application form
All documents are SELF ATTESTED by the customer/customer’s guardian (In case of minor)
All documents are VERIFIED WITH ORIGINALs, stamp is affixed and duly signed by RM
All documents as required as per instruments / Check list for filling KYC form are obtained.
KYC RELATED
Type of Account, Occupation, Personal and Financial Details compulsorily filled
Contact details - Telephone number and email id are filled
Photo affixed on the application matches with the identity proof
Date of Birth on identity proof matches with the application form
Address on the application matches with that on the identity proof
If already KRA Certified, kindly provide copy of acknowledgement letter from KRA (or) fill KRA form as per details furnished earlier to KRA.
BANK ACCOUNT RELATED
Bank Account details are properly filled (including MICR code)
Bank Account details match with the account number on the cheque leaf
Bank Account, Name, Type of Account and Branch address details are properly captured
IFSC Code details are properly captured
SIGNATURE RELATED
Signature across applicant’s photo
Signature on the application matches with signature on identity proof / Pan Card
All pages of the agreements are duly signed / initialed wherever required
Witness signature, full name and complete address are filled
BROKERAGE /FEES RELATED
Brokerage approval obtained • Approval Enclosed
CHECKLIST FOR RESIDENT INDIVIDUALS
YES NO
PROOF OF IDENTITY -ANY ONE Pan Card (Mandatory) Passport (within expiry date)
PROOF OF RESIDENCE -ANY ONE Ration Card Passport Driving License Voter Id Telephone Bill Electricity Bill Bank Passbook Latest Bank Statement
BANK PROOF -ANY ONE Pre Printed Cheque leaf Passbook Latest Bank Statement
Driving License (Within expiry date) Voter Id UID (Aadhaar) (Mandatory)
Checklist verified by : Sales
Name of the Employee :
Emp. code :
Signature :
Checklist verified by : Operations
Name of the Employee :
Emp. code :
Signature :
ACCOUNT OPENING KITINDEX OF DOCUMENTS
S. No. Name of the Document Brief Significance of the Document
MANDATORY DOCUMENTS AS PRESCRIBED BY SEBI & EXCHANGES
Page No
A. KYC Form - Document captures the basic information about the constituent and an instruction/check list (Individual)
B. Document captures the additional information about the constituent relevant to trading account and an instruction / check list.
C. FATCA Declaration & Consent for sharing of information with and withholding of payments as required by domestic & overseas authorities
D. CRS Declaration for Individual & NI
E. CKYC Form along with Annexure
1. Account Opening Form 1-5
6-9
NON MANDATORY DOCUMENTS AS PRESCRIBED BY SEBI & EXCHANGES
Voluntary Terms & Conditions between Broker & Client regarding Policies, Procedures, Rules with respect to Exposures, Margins and other areas of Operation
Running Account authorization letter for settlement of account periodically
1. Voluntary Terms & Conditions
3. Running Account authorization
45-54
56
Authorization letter given by Client to place orders, collect payments/contracts and any other correspondence, etc.
4. Authorization for operating the Trading Account
57
Declaration from the NRI / QFI Client w.r.t. RBI, FEMA, etc.2. QFI / NRI Declaration 55
Document describing significant policies and procedures of the stock broker.
Document stating the Rights & Obligations of member, authorized person and client for trading on exchanges (including additional rights & obligations in case of internet / wireless technology based trading)
5. Policies and Procedures
2. Rights and Obligations
Prevention Of Money Laundering Policy (PMLA)
Document detailing rate / amount of brokerage and other charges levied on the client for trading on stock exchanges
6. PMLA
7. Schedule of Charges
38-40
Document detailing do’s and don’ts for trading on exchange, for the education of the investors.
4. Guidance Note 36-37
Document detailing risks associated with dealing in the securities market.
3. Risk Disclosure Document (RDD) 32-35
28-31
41
42
Declaration from the Client w.r.t. Exchange rules, PMLA (2002) and other regulators
Letter to be provided by the Investor to the MF Intermediary for availing MF trading facilities on Mutual Fund Service System facility (NSE)
7. Common Declaration
9. Mutual Fund Service System facility Registration Letter (NSE)
Outlines additional terms and conditions for availing e-mail services of CGS-CIMB by Clients
Letter to be provided by the Investor to the Mutual Fund Intermediary for availing MF trading facilities on BSE StAR MF
6. Terms & Conditions w.r.t. email and electronic mode of service
8. BSE StAR MF Registration Letter
58
60
59
61-62
Declaration of understanding that the DP a/c is in a name of partner
10. Format of Declaration to be g iven by Partnership on Letterhead of the Firm
63
Document capturing risk appetite of Client11. Risk Profiler 64-67
10-11
12-21
22-27
CGS-CIMB Securities (India) Private Limited
Registration Exchange Registration No Date of Registration
Stock Broker
BSE
INZ000209135 14.11.2018
NSE
Registered Office & Correspondence Address:
603 Platina, G Block, Plot No C 59, Bandra Kurla Complex, Mumbai 400 051 INDIA
Board: +91(22) 4880 5100 Fax: +91(22) 4880 5180
Web:www.cgs-cimb.com/india
Compliance Officer: MEENU WALIA
TEL NO.: +91 22 48805116 EMAIL ID: [email protected]
Managing Director: DEVESH KUMAR
TEL NO.: +91 22 48805101 EMAIL ID: [email protected]
GRIEVANCE REDRESSAL MECHANISM For any grievance/dispute please contact CGS-CIMB Securities (India) Private Limited at the correspondence address
id: [email protected] and Phone No.: 91-22 4880 5100. In case not satisfied with the response, please contact the concerned exchange(s) at:
Arbitration: Bombay Stock Exchange Limited:
NSE Investor Grievance Cell /Tel No. :( 022) 2659 8173 Tel No. :( 022) 2272 8286
Fax No.: (022) 2659 8191 Tel No. :( 022) 2272 8097
Email: [email protected] Email: [email protected]
Email: [email protected]
You can also lodge your grievance with SEBI at http://scores.gov.in. For any queries, feedback or assistance,
please contact SEBI Office on Toll Free Helpline at 1800 22 7575 / 1800 266 7575."
or email
1
Name of Authorised Signatory Name of Authorised Signatory
S1F
S2F
CGS-CIMB Securities (India) Private Limited
Please enclose a duly attested copy of your Aadhar
UID (Aadhaar)(Mandatory) Passport Driving Licence OthersVoter ID
2
(Mandatory)
3
Proof of address submitted for correspondence address by Applicant.
Name of Authorised Signatory
AS1F
CGS-CIMB Securities (India) Private Limited
4
(Mandatory)
Details of Promoters/ Partners/ Karta / Trustees and whole time directors forming a part of Know Your Client (KYC) Application Form for Non-Individuals
Name of Applicant PAN of the Applicant
Seal/Stamp of the CGS-CIMB Securities (India) Private Limited
Signature of the Authorised Signatory
Name :
Date : D D M M Y Y Y Y
Sr. No.
PAN NameDIN (For
Directors) &UID
Residential /Registered
Address
Relationshipwith
Applicant(i.e. promoters,
whole timedirectors etc.)
WetherPoliticallyExposed
Photograph
q
q
q
PEP
RPEP
NO
q
q
q
PEP
RPEP
NO
q
q
q
PEP
RPEP
NO
q
q
q
PEP
RPEP
NO
q
q
q
PEP
RPEP
NO
5
AS 2
Bank Name
Branch address
Bank account no. Account Type: Saving/Current/
Others-In case of NRI/NRE/NRO MICR
Number IFSC code
Name of Exchange
National Stock Exchange of India Limited
Capital Market
Futures & Options
*Please sign in the relevant boxes where you wish to trade. The segment not chosen should be struck off by the Client
# If, in future, the client wants to trade on any new segment/new exchange, separate authorization/letter should be taken from the client by the stock broker.
Market Segment Client Signature
Bombay Stock Exchange Limited
Cash
S3F
S4F
S5F
C. TRADING PREFERENCE
TRADING ACCOUNT RELATED DETAILS (For Individuals & Non-Individuals)
A. BANK ACCOUNT(S) DETAILS
B. DEPOSITORY ACCOUNT(S) DETAILS
Beneficiary ID (BO ID)
Depository Participant Name
Depository Name (NSDL/CDSL)
Beneficiary Name DP ID
Details of any action/proceedings initiated/pending/ taken by SEBI/ Stock exchange/any other authority against the applicant/constituent or its Partners/promoters/whole time directors/authorized persons in charge of dealing in securities during the last 3 years: ………………………………………………………………………………………………..
D. PAST ACTIONS
6
Sub-broker’s Name:
SEBI Registration number:
Registered office address
Phone
Website
Fax
E. DEALINGS THROUGH SUB-BROKERS AND OTHER STOCK BROKERS
If Client is dealing through the sub-broker, provide the following details:
Whether dealing with any other stock broker/sub-broker (if case dealing with multiple stock brokers/sub-brokers, provide details of all)
Name of stock broker
Name of Sub-Broker, if any:
Client Code:
Details of disputes/dues pending from/to such stock broker / sub-broker:
Exchange:
F. ADDITIONAL DETAILS (In case of non-individuals)
• Whether you wish to receive physical contract note or Electronic Contract Note (ECN) (please specify):_______________
• Specify your Email id, if applicable:____________________________________________________________________
• Whether you wish to avail of the facility of internet trading/ wireless technology (please specify):___________________
• Number of years of Investment/Trading Experience:______________________________________________________
In case of non-individuals, name, designation, PAN, UID, signature, residential address and photographs of persons authorized to deal in securities on behalf of company/firm/others: …………………………………………………………..
• Any other information:_____________________________________________________________________________
•
G. INTRODUCER’S DETAILS (OPTIONAL)
Name of Introducer
Introducer Address
Signature of the Introducer _______________________________________
Surname Name Middle Name
Status of the Introducer: q Sub-broker q Employee q Authorized Person q Client
q Others, please specify_________________
Phone No.
Name of the Nominee:
Relationship with the Nominee:
PAN of Nominee:
Address of the Nominee:
Aadhar No. of Nominee:
Date of Birth of Nominee:Phone No. of the Nominee:
H. NOMINATION DETAILS (For Individuals Only)
q I/We wish to nominate q I/We do not wish to nominate
D D M M Y Y Y Y
If Nominee is a minor, details of guardian:
Name of guardian:
Address of the Guardian:
Phone No. of the Guardian:
Signature of Guardian: _________________________
7
J. OTHER DETAILS ( Please see guidelines ) For Non-Individuals
1. Gross Annual Income Details (Please tick (3): Below 1 Lac 1-5 Lac 5-10 Lac 10-25 Lac 25 Lacs - 1 Crore >1 Crore
2. Net-worth in `. as on (date) / /(*Net worth should not be older than 1 year) d d m m y y y y
3. Is the entity involved/providing any of the following services
- For Foreign Exchange / Money Changer Services YES NO - Gaming / Gambling / Lottery Services (e.g. casinos, betting syndicates) YES NO- Money Lending / Pawning YES NO
4. Any other information:
WITNESS (Only applicable in case the account holder has made nomination)
Witness 1
Name
Signature______________________________________
Address
Witness 2
Name
Signature______________________________________
Address
DECLARATION
1. I/We hereby declare that the details furnished above are true and correct to the best of my/our knowledge and belief and I/we undertake to inform you of any changes therein, immediately. In case any of the above information is found to be false or untrue or misleading or misrepresenting, I am/we are aware that I/we may be held liable for it.
2. I/We confirm having read/been explained and understood the contents of the document on policy and procedures of the stock broker and the tariff sheet.
3. I/We further confirm having read and understood the contents of the ‘Rights and Obligations’ document(s) and ‘Risk Disclosure Document’. I/We do hereby agree to be bound by such provisions as outlined in these documents. I/We have also been informed that the standard set of documents has been displayed for Information on stock broker’s designated website, if any.
Signature of Client/ (all) Authorized Signatory (ies) S6F
Date : D D M M Y Y Y Y
Place :
8
I. OTHER DETAILS ( Please see guidelines ) For Individual
1. Gross Annual Income Details (Please tick (3): Below 1 Lac 1-5 Lac 5-10 Lac 10-25 Lac > 25 Lacs
Net-worth in `. as on (date) (*Net worth should not be older than 1 year) d d / m m / y y y y
Private Sector Service Public Sector Government Service Business Professional Agriculturist Retired
Housewife Student Forex Dealer Others (Please specify)
2. Occupation (Please tick (3) any one and give brief details):
3. Please tick, if applicable : Politically Exposed Person Related to a Politically Exposed Person
For definition of PEP, please refer guidelines
4. Any other information:
OR
2. Self-certified copy of cancelled cheque leaf/ pass book/bank statement specifying name of the constituent,MICR Code or/and IFSC Code of the bank should be submitted.
3. Demat master or recent holding statement issued by DP bearing name of the client.4. For individuals:
a. Stock broker has an option of doing ‘in-person’ verification through web camera at the branch office ofthe stock broker/sub-broker’s office.
b. In case of non-resident clients, employees at the stock broker’s local office, overseas can do in-person’verification. Further, considering the infeasibility of carrying out ‘In-person’ verification of the non-residentclients by the stock broker’s staff, attestation of KYC documents by Notary Public, Court, Magistrate, Judge,
Local Banker, Indian Embassy / Consulate General in the country where the client resides may be permitted.5. For non-individuals:
a. Form need to be initialized by all the authorized signatories.b. Copy of Board Resolution or declaration (on the letterhead) naming the persons authorized to deal in
securities on behalf of company/firm/others and their specimen signatures.
*In respect of other clients, documents as per risk management policy of the stock broker need to be providedby the client from time to time.
UCC Code allotted to the Client
Documents verified with Originals
Client Interviewed ByIn-Person Verification
done by
Name of the Employee
Employee Code
Designation of the employee
Date
Signature
I / We undertake that we have made the Client aware of ‘Policy and Procedures’, tariff sheet and all the non-mandatory documents. I/We have also made the Client aware of ‘Rights and Obligations’ document (s), RDD and Guidance Note. I/We have given/sent him a copy of all the KYC documents. I/We undertake that any change in the ‘Policy and Procedures’, tariff sheet and all the non-mandatory documents would be duly intimated to the clients. I/We also undertake that any change in the ‘Rights and Obligations’ and RDD would be made available on my/our website, if any, for the information of the clients.
Signature of the Authorised Signatory Seal/Stamp of the CGS-CIMB Securities (India) Private Limited
FOR OFFICE USE ONLY
Date : D D M M Y Y Y Y
INSTRUCTIONS / CHECK LIST
1. Additional documents in case of trading in derivatives segments - illustrative list:
Copy of ITR Acknowledgement Copy of Annual Accounts
In case of salary income - Salary Slip, Copy of Form 16 Net worth certificate
Copy of demat account holding statement. Bank account statement for last 6 months
Any other relevant documents substantiating ownership Self declaration with relevant supportingof assets. documents.
9
10
A. Account Opening Form Supplement : Individual
This form must be completed by any individual who wishes to open a Account. Trading
Please complete in BLOCK LETTERS
Name: : ____________________________Nationality/Country of Birth : ____________________________ Residency/Alternate Nationality : ___________________________
Please check “√ ” Yes or No for each of the following questions: Yes / No
1. Are you a U.S. Resident? (including a current work permit) □ □ If yes, Tax Number ______
2. Are you a U.S. Citizen or a Citizen of a US Territory? □ □ If yes, Tax Number ______
3. Do you hold a U.S. Permanent Resident Card (Green Card)? □ □ If yes, Tax Number ______
I hereby confirm the information provided above is true, accurate and complete.
Subject to the applicable local laws, I hereby consent for CGS- CIMB Securities (India) Private Limited
its parent or ultimate holding company or any of its affiliates (including branches) (collectively as “CGS-CIMB”)
to share my information with domestic or overseas regulators or tax authorities where necessary to establish my tax liability in any/or the relevant jurisdiction.
Where required by domestic or overseas regulators or tax authorities, I also understand and agree that CGS-CIMBmay be required to obtain additional documents and/or forms, which I will sign, if I am subject to the relevant jurisdiction’s requirements.
Where required by domestic or overseas regulators or tax authorities, I understand and agree that CGS- CIMB may withhold, and pay out, from my account(s) such amounts as may be required according to applicable laws, regulations, guidelines and/or agreements with regulators or authorities and directives.
I also agree and undertake to notify the Bank (within 30 calendar days), or provide the information if requested by the Bank, if there is a change in any information which I have provided to CGS-CIMB.
Signature:
Passport/ID No: (please include the 8 digit/letter US VISA, where applicable)
Date:
Applicant Signature:
Name of the Client:
FS7
11
B. Account Opening Form Supplement : Non-Individual (Legal Person)
This form must be completed by any non-individual, company or legal person which seeks to open a trading account.
Please complete in BLOCK LETTERS
Name: : ____________________________
Nationality/Country of Incorporation/Registration : ____________________________
Type of Legal Entity : ___________________________
Please check “√ ” Yes or No for each of the following questions: Yes / No
1. Is the Legal Entity a US entity? □ □ If yes, Tax Number ______
2. Does the Legal Entity have any US directors or shareholders □ □ If yes, % of shares ______
with more than 10% ownership or equivalent ?
3. Any US persons as beneficial owners ? □ □ If yes, please furnish details
(The name, passport or equivalent ID and Tax number are required from the beneficial owner)
I hereby confirm the information provided above is true, accurate and complete.
Subject to the applicable local laws, I hereby consent for CGS- CIMB Securities (India) Private Limited,
its parent or ultimate holding company or any of its affiliates (including branches) (collectively as “CIMB”) to share
information of__________________(Entity) with domestic or overseas regulators or tax authorities where necessary
to establish its tax liability in any/or the relevant jurisdiction.
Where required by domestic or overseas regulators or tax authorities, I also understand and agree that CGS-CIMB
may be required to obtain additional documents and/or forms, which authorised signatory or director(s) of_______
__________________(Entity) _____________________(Entity), will sign, if its shareholders and/or directors are
subject to the relevant jurisdiction’s requirements.
Where required by domestic or overseas regulators or tax authorities, I understand and agree that
CGS-CIMB may withhold, and pay out, from account(s) of such amounts as may be __________________(Entity)
required according to applicable laws, regulations, guidelines and/or agreements with regulators or authorities
and directives.
I also agree and undertake to notify CGS-CIMB (within 30 calendar days), or provide the information if requested by CGS- CIMB,if there is a change in any information which provided to CGS-CIMB.__________________(Entity) has
Signature: Designation:
Name:
Date:
Alternative Form/Section within the Form for non-individual, company or legal person is currently not recommended
Applicant Signature:
Name of the Client:
S8F
INDIVIDUAL SELF‐CERTIFICATION FORM
Part 1. Identification of Account Holder
Full Name:
Current Residence Address:
Postal Code/Zip Code & Country:
Mailing Address (if different):
Postal Code/Zip Code & Country:
Date of Birth:
Place & Country of Birth:
Part 2. Tax Residence information
Country/Jurisdiction of TaxResidence
Tax Identification Number (TIN) orequivalent
If TIN or equivalent is unavailable,please state reason (A, B or C)
Reason A – The country/jurisdiction where Account Holder is liable to pay tax does not issue TIN to its residents Reason B – The Account Holder is otherwise unable to obtain a TIN or equivalent number Reason C – No TIN is required (note : only select this reason if the authorities of the country of residence for tax
purposes entered below do not require the TIN to be disclosed) For Reason B, please explain reason of Account Holder unable to obtain TIN or equivalent number
1
2
3
Part 3. Declaration
I understand that the information supplied by me is subject to the terms and conditions governing the Account
Holder’s relationship with CIMB Investment Bank Berhad/CIMB Bank Berhad/CIMB Islamic Bank Berhad* (“CIMB”)
and its related and associated corporations (collectively “CIMB Group”) setting out how CGS-CIMB may use and share
the information supplied by me.
I acknowledge that the information contained in this form and information regarding the Account Holder and any
Reportable Account(s) may be provided directly or indirectly to any relevant tax authority, including of the
country/jurisdiction in which this account(s) is/are maintained and exchanged with tax authorities of another
country/jurisdiction or countries/jurisdictions in which the Account Holder may be resident for tax purposes
pursuant to agreements between competent authorities to exchange financial account information.
*Delete whichever is not applicable
12
I certify that I am the Account Holder or am authorized to sign for the Account Holder*, of the account(s) to which
this form relates and I declare that all statements made in this declaration are to the best of my knowledge and
belief, correct and complete.
If there is a change in circumstances that affects the tax residence of the Account Holder or causes the information
contained herein to become incorrect or incomplete, I understand that I am obligated to inform CGS-CIMB of the
change in circumstances within 30 days of its occurrence and to provide a suitably updated self-certification.
__________________________________________________ ____________________________________
Signature & Name Date
________________________________________________ ____________________________________
Passport/ I D No. Passport Expiry Date
* Authorisation on behalf of the Account Holder must be accompanied with Power of Attorney or equivalent
recognized document of the country
13
FS9
APPENDIX – Definitions
1. ACCOUNT HOLDER
Means the person listed or identified as the holder of a Financial Account by the Financial Institution that
maintains the account. A person, other than a Financial Institution, holding a Financial Account for the benefit
of another person as an agent, a custodian, a nominee, a signatory, an investment advisor, an intermediary, or
as a legal guardian, is not treated as the Account Holder. With respect to a jointly held account, each joint
holder is treated as an Account Holder.
2. CONTROLLING PERSON
Means the natural persons who exercise control over an entity or any shareholder with interest of more than
25% shares or threshold set by the local authority. In the case of a trust, such term means the settlor, the
trustee, the protector (if any), the beneficiaries or class of beneficiaries, and any other natural person
exercising ultimate effective control over the trust, and in the case of a legal arrangement other than a trust,
such term means persons in equivalent or similar positions, The term ‘Controlling Persons’ must be
interpreted in a manner consistent with the FATF recommendations or by the local regulations governing non-
individual entities. If the account is maintained for an entity of which the individual is a Controlling Person,
then the ‘Controlling Person tax residency Self-Certification’ form should be completed instead of this form.
3. ENTITY
Means a legal person or a legal arrangement, such as a corporation, partnership, trust or foundation.
4. FINANCIAL ACCOUNT
Means an account maintained by a Financial Institution, and includes Depository Accounts, Custodial
Accounts, Equity and debt interest in certain Investment Entities; Cash Value Insurance Contracts and Annuity
Contracts.
5. REPORTABLE ACCOUNT
Means an account held by one or more Reportable Persons or by a Passive NFE with one or more Controlling
Persons that is a Reportable Person.
6. REPORTABLE PERSON
A Reportable Person is defined as an individual who is tax resident in a Reportable Jurisdiction under the tax
laws of that jurisdiction.
7. TIN
Means Taxpayer Identification Number or functional equivalent in the absence of a Taxpayer Identification
Number. Further details of acceptable TINs can be found at: https://www.oecd.org/tax/automatic-
exchange/crs-implementation-and-assistance/tax-identification-numbers/
DISCLAIMER:
The above are selected definitions to assist you with the completion of this Form. Should you have any
questions, please contact your tax, legal and/or other professional advisor or visit the OECD Common Reporting
Standard for Automatic Exchange of Financial Account Information (the ‘CRS’) website at:
http://www.oecd.org/tax/transparency/automaticexchangeofinformation.htm
14
ENTITY SELF‐CERTIFICATION FORM
Part 1. Identification of Account Holder
Name of Legal Entity : _______________________________________________________________
Country of Incorporation : _______________________________________________________________
Business Registration No. : _______________________________________________________________
Current Residence Address : _______________________________________________________________
Postal Code/Zip Code & Country : _______________________________________________________________
Mailing Address (if different) : _ ______________________________________________________________
Postal Code/Zip Code & Country : _______________________________________________________________
Part 2. Tax Residence Information
Country/Jurisdiction of TaxResidence
Tax Identification Number (TIN) orequivalent
If TIN or equivalent is unavailable,please state reason (A, B or C)
Reason A – The country/jurisdiction where Account Holder is liable to pay tax does not issue TIN to its residents Reason B – The Account Holder is otherwise unable to obtain a TIN or equivalent number Reason C – No TIN is required (note : only select this reason if the authorities of the country of residence for tax
purposes entered below do not require the TIN to be disclosed) For Reason B, please explain reason of Account Holder unable to obtain TIN or equivalent number
1
2
3
Part 3. Entity TypePlease tick the applicable type of entity
Financial Institution (FI)
1A) Investment Entity located in a Non-Participating Jurisdiction and managed by another Financial Institution
(complete the Controlling Person of Entity’ section below
1B) Other Financial Institution
Non‐Financial Entity (NFE)
1C) Active NFE – A corporation that is publicly traded or a related entity of such corporation
The Account Holder is a corporation, the stock of which is regularly traded on __________________, which
is an established securities market.
The Account Holder is a related entity of __________________, a corporation, the stock of which is
regularly traded on __________________, which is an established securities market.
1D) Active NFE – A Governmental Entity
15
1E) Active NFE – A Central Bank
1F) Active NFE – An International Organisation
1G) Active NFE (e.g. active business, start-up company, charity or non-profit organization and an entity other
than Entity 1C or 1F)
1H) Passive NFE – Not an Active NFE
Part 4. Controlling Person1
No. Name Current ResidenceAddress
Tax Residency Tax IdentificationNo. (TIN) orequivalent
1.
2.
3.
Part 5. Declaration I understand that the information supplied by me is covered by the full provisions of the terms and conditions
governing the Account Holder’s relationship with CIMB Investment Bank Berhad/CIMB Bank Berhad/CIMB Islamic
Bank Berhad* (“CIMB”) and its related and associated corporations (collectively “CIMB Group”) setting out how
CIMB may use and share the information supplied by me.
I acknowledge that the information contained in this form and information regarding the Account Holder and any
Reportable Account(s) may be reported directly or indirectly to any relevant tax authority, including of the
country/jurisdiction in which this account(s) is/are maintained and exchanged with tax authorities of another
country/jurisdiction or countries/jurisdictions in which the Account Holder may be resident for tax purposes
pursuant to agreements between competent authorities to exchange financial account information.
I certify that I am authorized to sign on behalf of the Account Holder in respect of all the account(s) to which this
form relates and I declare that all statements made in this declaration are to the best of my knowledge and belief,
correct and complete.
If there is a change in circumstances that affects the tax residence of the Account Holder or causes the information
contained herein to become incorrect or incomplete, I understand that I am obligated to inform CGS-CIMB of the
change in circumstances within 30 days of its occurrence and to provide a suitably updated self-certification.
For and on behalf of the Account Holder, __________________________________________ ___________________________________ Signature & Name Designation
___________________________________ Date [DD/MM/YYY Y]
1Controlling Person to fill the table above and Annex form
* Delete whichever is not applicable
16
FS10
CONTROLLING PERSON SELF‐CERTIFICATION FORM ANNEX
Note: To be completed by each Controlling Person(s), if applicable
Part 1. Identification of Controlling Person(s)
Controlling Person 1 Controlling Person 2
Full Name:
Full Name:
Current Residence Address: Current Residence Address:
Postal Code/Zip Code & Country:
Postal Code/Zip Code & Country:
Mailing Address (if different):
Mailing Address (if different):
Postal Code/Zip Code & Country:
Postal Code/Zip Code & Country:
Date of Birth:
Date of Birth:
Place & Country of Birth:
Place & Country of Birth:
Part 2. Tax Residence information
Controlling Person 1 Controlling Person 2
Country/Jurisdiction of TaxResidence
Tax Identification Number (TIN) orequivalent
If TIN or equivalent is unavailable,please state reason (A, B or C)
Reason A – The country/jurisdiction where Account Holder is liable to pay tax does not issue TIN to its residents Reason B – The Account Holder is otherwise unable to obtain a TIN or equivalent number Reason C – No TIN is required (note : only select this reason if the authorities of the country of residence for tax
purposes entered below do not require the TIN to be disclosed) For Reason B, please explain reason of Account Holder unable to obtain TIN or equivalent number
Reasons Controlling Person 1 Controlling Person 2
1
2
3
Part 3. Type of Controlling Person
Controlling Person of a Legal Person Controlling Person 1 Controlling Person 2
Control by ownership (direct or indirect)
Control by other means
Senior managing official
17
Controlling Person of a Trust Controlling Person 1 Controlling Person 2
Settlor
Trustee
Protector
Beneficiary
Other: Please specify type
Controlling Person of a LegalArrangement (Non‐Trust)
Controlling Person 1 Controlling Person 2
Settlor-equivalent
Trustee-equivalent
Protector-equivalent
Beneficiary-equivalent
Other-equivalent: Please specify type
Part 4. Declaration
I understand that the information supplied by me is subject to the terms and conditions governing the Account
Holder’s relationship with CIMB Investment Bank Berhad/CIMB Bank Berhad/CIMB Islamic Bank Berhad* (“CIMB”)
and its related and associated corporations (collectively “CIMB Group”) setting out how CGS-CIMB may use and share
the information supplied by me.
I acknowledge that the information contained in this form and information regarding the Controlling Person and
any Reportable Account(s) may be provided directly or indirectly to any relevant tax authority, including of the
country/jurisdiction in which this account(s) is/are maintained and exchanged with tax authorities of another
country/jurisdiction or countries/jurisdictions in which the Account Holder may be resident for tax purposes
pursuant to agreements between competent authorities to exchange financial account information.
I certify that I am the Controlling Person or am authorized to sign for the Controlling Person**, of the account(s)
held by the entity Account Holder to which this form relates and I declare that all statements made in this
declaration are to the best of my knowledge and belief, correct and complete.
If there is a change in circumstances that affects the tax residence of the Account Holder or causes the information
contained herein to become incorrect or incomplete, I understand that I am obligated to inform CGS-CIMB of
the change in circumstances within 30 days of its occurrence and to provide a suitably updated self-certification.
Controlling Person 1 Controlling Person 2
__________________________________ ____________________________________
Signature, Name & Date Signature, Name & Date
_______________________________________________________ ____________________________________
Passport/ I D No. Passport/ID No.
___________________________________ ____________________________________
Passport Expiry Da t e Passport Expiry Date
*Delete whichever is not applicable
** Authorisation on behalf of the Controlling Person must be accompanied with Power of Attorney or equivalent recognized
document of the country
18
S11F
APPENDIX – Definitions
1. ACCOUNT HOLDER
Means the person or legal entity listed or identified as the holder of a Financial Account by the Financial
Institution that maintains the account. A person, other than a Financial Institution, holding a Financial Account
for the benefit of another person as an agent, a custodian, a nominee, a signatory, an investment advisor, an
intermediary, or as a legal guardian, is not treated as the Account Holder. With respect to a jointly held
account, each joint holder is treated as an Account Holder.
2. ACTIVE NFE
Means any Non- Financial Entity that meets any of the following criteria:
a) less than 50% of the NFE’s gross income for the preceding calendar year or other appropriate reporting
period is passive income and less than 50% of the assets held by the NFE during the preceding calendar
year or other appropriate reporting period are assets that produce or are held for the production of
passive income;
b) the stock of the NFE is regularly traded on an established securities market or the NFE is a Related Entity
of an Entity the stock of which is regularly traded on an established securities market;
c) the NFE is a Governmental Entity, an International Organisation, a Central Bank, or an Entity wholly
owned by one or more of the foregoing;
d) substantially all of the activities of the NFE consist of holding (in whole or in part) the outstanding stock
of, or providing financing and services to, one or more subsidiaries that engage in trades or businesses
other than the business of a Financial Institution, except that an Entity does not qualify for this status if
the Entity functions (or holds itself out) as an investment fund, such as a private equity fund, venture
capital fund, leveraged buyout fund, or any investment vehicle whose purpose is to acquire or fund
companies and then hold interests in those companies as capital assets for investment purposes;
e) the NFE is not yet operating a business and has no prior operating history, (a “ start-up NFE”) but is
investing capital into assets with the intent to operate a business other than that of a Financial Institution,
provided that the NFE does not qualify for this exception after the date that is 24 months after the date of
the initial organisation of the NFE;
f) the NFE was not a Financial Institution in the past five years, and is in the process of liquidating its assets
or is reorganising with the intent to continue or recommence operations in a business other than that of a
Financial Institution;
g) the NFE primarily engages in financing and hedging transactions with, or for, Related Entities that are not
Financial Institutions and does not provide financing or hedging services to any Entity that is not a Related
Entity, provided that the group of any such Related Entities is primarily engaged in a business other than
that of a Financial institutions;
h) the NFE meets all of the following requirements:
i. it is established and operated in its jurisdiction of residence exclusively for religious, charitable,
scientific, artistic, cultural, athletic, or educational purposes; or it is established and operated in its
jurisdiction of residence and it is a professional organisation, business league, chamber of commerce,
labour organisation, agricultural or horticultural organisation, civic league or an organisation
operated exclusively for the promotion of social welfare;
ii. it is exempt from income tax in its jurisdiction of residence;
iii. it has no shareholders or members who have a proprietary or beneficial interest in its income or
assets;
iv. the applicable laws of the NFE’s jurisdiction of residence or the NFE’s formation documents do not
permit any income or assets of the NFE to be distributed to, or applied for the benefit of, a private
person or non-charitable Entity other than pursuant to the conduct of the NFE’s charitable activities,
19
or as payment of reasonable compensation for services rendered, or as payment representing the fair
market value of property which the NFE has purchased; and
v. the applicable laws of the NFE’s jurisdiction of residence or the NFE’s formation documents require
that, upon the NFE’s liquidation or dissolution, all of its assets be distributed to a Governmental
Entity or other non-profit organization, or escheat to the government of the NFE’s jurisdiction of
residence or any political subdivision thereof.
3. CONTROLLING PERSON
Means the natural persons who exercise control over an entity or any shareholder with interest of more than
25% shares or threshold set by the local authority. In the case of a trust, such term means the settlor, the
trustee, the protector (if any), the beneficiaries or class of beneficiaries, and any other natural person
exercising ultimate effective control over the trust, and in the case of a legal arrangement other than a trust,
such term means persons in equivalent or similar positions, The term ‘Controlling Persons’ must be
interpreted in a manner consistent with the FATF recommendations or by the local regulations governing non-
individual entities. If the account is maintained for an entity of which the individual is a Controlling Person,
then the ‘Controlling Person tax residency Self-Certification’ form should be completed instead of this form.
4. ENTITY
Means a legal person or a legal arrangement, such as a corporation, partnership, trust or foundation.
5. FINANCIAL INSTITUTION
Means a Custodial Institution, a Depository Institution, an Investment Entity, or a Specified Insurance
Company.
6. FINANCIAL ACCOUNT
Means an account maintained by a Financial Institution, and includes Depository Accounts, Custodial
Accounts, Equity and debt interest in certain Investment Entities; Cash Value Insurance Contracts and Annuity
Contracts.
7. INVESTMENT ENTITY
Includes 2 types of entities:
a) an Entity that primarily conducts as a business one or more of the following activities or operations for or on behalf of a customer: i. Trading in money market instruments (cheques, bills, ce rtificates of deposit, derivatives, etc.), foreign
exchange, exchange, interest rate and index instruments; transferable securities; or commodity futures trading;
ii. Individual and collective portfolio management; or iii. Otherwise investing, administering, or managing Financial Assets or money on behalf of other
persons. b) an Entity where the gross income of which is primarily attributable to investing, reinvesting, or trading in
Financial Assets where the Entity is managed by another Entity that is a Depository Institution, a Custodial Institution, a Specified Insurance Company, or the first type of Investment Entity.
8. PARTICIPATING JURISDICTIONMeans a jurisdiction with which an agreement is in place pursuant to which it will provide the information set out in the CRS.
9. PASSIVE NFEMeans any:
i. NFE that is not an Active NFE; and ii. Investment Entity located in a Non-Participating Jurisdiction and managed by another Financial
Institution.
20
10. RELATED ENTITY
An Entity is a Related Entity of another Entity if either Entity controls the other Entity, or the two Entities are under common control. For this purpose control includes direct or indirect ownership of more than 50% of the vote and value in an Entity.
11. REPORTABLE ACCOUNT
Means an account held by one or more Reportable Persons or by a Passive NFE with one or more Controlling
Persons that is a Reportable Person.
12. REPORTABLE PERSON
Means reportable person other than:
i. a corporation the stock of which is regularly traded on one or more established securities markets;
ii. any corporation that is a Related Entity of a corporation
iii. a Governmental Entity;
iv. an International Organisation;
v. a Central Bank; or
vi. a Financial Institution
13. TIN
Means Taxpayer Identification Number or functional equivalent in the absence of a Taxpayer Identification
Number. Further details of acceptable TINs can be found at: https://www.oecd.org/tax/automatic-
exchange/crs-implementation-and-assistance/tax-identification-numbers/
DISCLAIMER:
The above are selected definitions to assist you with the completion of this Form. Should you have any
questions, please contact your tax, legal and/or other professional advisor or visit the OECD Common Reporting
Standard for Automatic Exchange of Financial Account Information (the ‘CRS’) website at:
http://www.oecd.org/tax/transparency/automaticexchangeofinformation.htm
21
Mandatory
22
S12F
23
S13F
CENTRAL KYC REGISTRY | Instructions / Check list / Guidelines for filling Individual KYC Application Form
General Instructions: 1 Fields marked with ‘*’ are mandatory fields.
2 Tick ‘P’ wherever applicable. 3 Self-Certification of documents is mandatory. 4 Please fill the form in English and in BLOCK Letters. 5 Please fill all dates in DD-MM-YYYY format. 6 Wherever state code and country code is to be furnished, the same should be the two-digit code as per Indian Motor Vehicle, 1988 and ISO 3166 country code
respectively list of which is available at the end. 7 KYC number of applicant is mandatory for updation of KYC details. 8 For particular section update, please tick (P) in the box available before the section number and strike off the sections not required to be updated. 9 In case of ‘Small Account type’ only personal details at section number 1 and 2, photograph, signature and self-certification required.
A Clarification / Guidelines on filling ‘Personal Details’ section 1 Name: Please state the name with Prefix (Mr/Mrs/Ms/Dr/etc.). The name should match the name as mentioned in the Proof of Identity submitted failing which the
application is liable to be rejected. 2 Either father’s name or spouse’s name is to be mandatorily furnished. In case PAN is not available father’s name is mandatory.
B Clarification / Guidelines on filling details if applicant residence for tax purposes in jurisdiction(s) outside India 1 Tax identification Number (TIN): TIN need not be reported if it has not been issued by the jurisdiction. However, if the said jurisdiction has issued a high integrity
number with an equivalent level of identification (a “Functional equivalent”), the same may be reported. Examples of that type of number for individual include, a social security/insurance number, citizen/personal identification/services code/number, and resident registration number)
C Clarification / Guidelines on filling ‘Proof of Identity [PoI]’ section 1 If driving license number or passport is provided as proof of identity then expiry date is to be mandatorily furnished.
2 Mention identification / reference number if ‘Z- Others (any document notified by the central government)’ is ticked. 3 In case of Simplified Measures Accounts for verifying the identity of the applicant, any one of the following documents can also be submitted and undernoted relevant
code may be mentioned in point 3 (S). Document Code Description
01 Identity card with applicant’s photograph issued by Central/ State Government Departments, Statutory/ Regulatory Authorities, Public Sector Undertakings, Scheduled Commercial Banks, and Public Financial Institutions.
02 Letter issued by a gazetted officer, with a duly attested photograph of the person.
D Clarification / Guidelines on filling ‘Proof of Address [PoA] - Current / Permanent / Overseas Address details’ section 1 PoA to be submitted only if the submitted PoI does not have an address or address as per PoI is invalid or not in force.
2 State / U.T Code and Pin / Post Code will not be mandatory for Overseas addresses. 3 In case of Simplified Measures Accounts for verifying the address of the applicant, any one of the following documents can also be submitted and undernoted relevant
code may be mentioned in point 4.1. Document Code Description
01 Utility bill which is not more than two months old of any service provider (electricity, telephone, post-paid mobile phone, piped gas, water bill).
02 Property or Municipal Tax receipt. 03 Bank account or Post Office savings bank account statement. 04 Pension or family pension payment orders (PPOs) issued to retired employees by Government Departments or Public Sector Undertakings, if
they contain the address. 05 Letter of allotment of accommodation from employer issued by State or Central Government departments, statutory or regulatory bodies,
public sector undertakings, scheduled commercial banks, financial institutions and listed companies. Similarly, leave and license agreements with such employers allotting official accommodation.
06 Documents issued by Government departments of foreign jurisdictions and letter issued by Foreign Embassy or Mission in India.
E Clarification / Guidelines on filling ‘Proof of Address [PoA] - Correspondence / Local Address details’ section 1 To be filled only in case the PoA is not the local address or address where the customer is currently residing. No separate PoA is required to be submitted.
2 In case of multiple correspondence / local addresses, Please fill ‘Annexure A1’
F Clarification / Guidelines on filling ‘Contact details’ section 1 Please mention two- digit country code and 10 digit mobile number (e.g. for Indian mobile number mention 91-9999999999).
2 Do not add ‘0’ in the beginning of Mobile number.
G Clarification / Guidelines on filling ‘Related Person details’ section 1 Provide KYC number of related person if available.
H Clarification / Guidelines on filling ‘Related Person details – Proof of Identity [PoI] of Related Person’ section 1 Mention identification / reference number if ‘Z- Others (any document notified by the central government)’ is ticked.
24
List of two – digit state / U.T codes as per Indian Motor Vehicle Act, 1988
State / U.T Code Andaman & Nicobar AN Andhra Pradesh AP Arunachal Pradesh AR Assam AS Bihar BR Chandigarh CH Chattisgarh CG Dadra and Nagar Haveli DN Daman & Diu DD Delhi DL Goa GA Gujarat GJ Haryana HR
State / U.T Code Himachal Pradesh HP Jammu & Kashmir JK Jharkhand JH Karnataka KA Kerala KL Lakshadweep LD Madhya Pradesh MP Maharashtra MH Manipur MN Meghalaya ML Mizoram MZ Nagaland NL Orissa OR
State / U.T Code Pondicherry PY Punjab PB Rajasthan RJ Sikkim SK Tamil Nadu TN Telangana TS Tripura TR Uttar Pradesh UP Uttarakhand UA West Bengal WB Other XX
List of ISO 3166 two- digit Country Code
Country Country Code
Country Country Code
Country Country Code
Country Country Code
Afghanistan AF Dominican Republic DO Libya LY Saint Pierre and Miquelon PM Aland Islands AX Ecuador EC Liechtenstein LI Saint Vincent and the Grenadines VC Albania AL Egypt EG Lithuania LT Samoa WS Algeria DZ El Salvador SV Luxembourg LU San Marino SM American Samoa AS Equatorial Guinea GQ Macao MO Sao Tome and Principe ST Andorra AD Eritrea ER Macedonia, the former Yugoslav Republic
of MK Saudi Arabia SA
Angola AO Estonia EE Madagascar MG Senegal SN Anguilla AI Ethiopia ET Malawi MW Serbia RS Antarctica AQ Falkland Islands (Malvinas) FK Malaysia MY Seychelles SC Antigua and Barbuda AG Faroe Islands FO Maldives MV Sierra Leone SL Argentina AR Fiji FJ Mali ML Singapore SG Armenia AM Finland FI Malta MT Sint Maarten (Dutch part) SX Aruba AW France FR Marshall Islands MH Slovakia SK Australia AU French Guiana GF Martinique MQ Slovenia SI Austria AT French Polynesia PF Mauritania MR Solomon Islands SB Azerbaijan AZ French Southern Territories TF Mauritius MU Somalia SO Bahamas BS Gabon GA Mayotte YT South Africa ZA Bahrain BH Gambia GM Mexico MX South Georgia and the South Sandwich
Islands GS
Bangladesh BD Georgia GE Micronesia, Federated States of FM South Sudan SS Barbados BB Germany DE Moldova, Republic of MD Spain ES Belarus BY Ghana GH Monaco MC Sri Lanka LK Belgium BE Gibraltar GI Mongolia MN Sudan SD Belize BZ Greece GR Montenegro ME Suriname SR Benin BJ Greenland GL Montserrat MS Svalbard and Jan Mayen SJ Bermuda BM Grenada GD Morocco MA Swaziland SZ Bhutan BT Guadeloupe GP Mozambique MZ Sweden SE Bolivia, Plurinational State of BO Guam GU Myanmar MM Switzerland CH Bonaire, Sint Eustatius and Saba BQ Guatemala GT Namibia NA Syrian Arab Republic SY Bosnia and Herzegovina BA Guernsey GG Nauru NR Taiwan, Province of China TW Botswana BW Guinea GN Nepal NP Tajikistan TJ Bouvet Island BV Guinea-Bissau GW Netherlands NL Tanzania, United Republic of TZ Brazil BR Guyana GY New Caledonia NC Thailand TH British Indian Ocean Territory IO Haiti HT New Zealand NZ Timor-Leste TL Brunei Darussalam BN Heard Island and McDonald Islands HM Nicaragua NI Togo TG Bulgaria BG Holy See (Vatican City State) VA Niger NE Tokelau TK Burkina Faso BF Honduras HN Nigeria NG Tonga TO Burundi BI Hong Kong HK Niue NU Trinidad and Tobago TT Cabo Verde CV Hungary HU Norfolk Island NF Tunisia TN Cambodia KH Iceland IS Northern Mariana Islands MP Turkey TR Cameroon CM India IN Norway NO Turkmenistan TM Canada CA Indonesia ID Oman OM Turks and Caicos Islands TC Cayman Islands KY Iran, Islamic Republic of IR Pakistan PK Tuvalu TV Central African Republic CF Iraq IQ Palau PW Uganda UG Chad TD Ireland IE Palestine, State of PS Ukraine UA Chile CL Isle of Man IM Panama PA United Arab Emirates AE China CN Israel IL Papua New Guinea PG United Kingdom GB Christmas Island CX Italy IT Paraguay PY United States US Cocos (Keeling) Islands CC Jamaica JM Peru PE United States Minor Outlying Islands UM Colombia CO Japan JP Philippines PH Uruguay UY Comoros KM Jersey JE Pitcairn PN Uzbekistan UZ Congo CG Jordan JO Poland PL Vanuatu VU Congo, the Democratic Republic of the
CD Kazakhstan KZ Portugal PT Venezuela, Bolivarian Republic of VE
Cook Islands CK Kenya KE Puerto Rico PR Viet Nam VN Costa Rica CR Kiribati KI Qatar QA Virgin Islands, British VG Cote d'Ivoire !Côte d'Ivoire CI Korea, Democratic People's Republic
of KP Reunion !Réunion RE Virgin Islands, U.S. VI
Croatia HR Korea, Republic of KR Romania RO Wallis and Futuna WF Cuba CU Kuwait KW Russian Federation RU Western Sahara EH Curacao !Curaçao CW Kyrgyzstan KG Rwanda RW Yemen YE Cyprus CY Lao People's Democratic Republic LA Saint Barthelemy !Saint Barthélemy BL Zambia ZM Czech Republic CZ Latvia LV Saint Helena, Ascension and Tristan da
Cunha SH Zimbabwe ZW
Denmark DK Lebanon LB Saint Kitts and Nevis KN Djibouti DJ Lesotho LS Saint Lucia LC Dominica DM Liberia LR Saint Martin (French part) MF
25
26
27
9
1. The client shall invest / trade in those securities /
contracts / other instruments admitted to dealings on
the Exchanges as defined in the Rules. Byelaws and
Regulations of Exchanges / Securities and Exchange
Board of India (SEBI) and circulars / notices issued
there under from time to time.
2. The stock broker, sub-broker and the client shall be
bound by all the Rules, Byelaws and Regulations of the
Exchange and circulars/notices issued there under and
Rules and Regulations of SEBI and relevant
notifications of Government authorities as may be in
force from time to time.
3. The client shall satisfy itself of the capacity of the stock
broker to deal in securities and/or deal in derivatives
contracts and wishes to execute its orders through the
stock broker and the client shall from time to time
continue to satisfy itself of such capability of the stock
broker before executing orders through the stock
broker.
4. The stock broker shall continuously satisfy itself about
the genuineness and financial soundness of the client
and investment objectives relevant to the services to
be provided.
5. The stock broker shall take steps to make the client
aware of the precise nature of the Stock broker’s
liability for business to be conducted, including any
limitations, the liability and the capacity in which the
stock broker acts.
6. The sub-broker shall provide necessary assistance and
co-operate with the stock broker in all its dealings with
the client(s).
CLIENT INFORMATION
7. The client shall furnish all such details in full as are
required by the stock broker in “Account Opening
Form” with supporting details, made mandatory by
stock exchanges/SEBI from time to time.
8. The client shall familiarize himself with all the
mandatory provisions in the Account Opening
documents. Any additional clauses or documents
specified by the stock broker shall be non-mandatory,
as per terms & conditions accepted by the client
9. The client shall immediately notify the stock broker in
writing if there is any change in the information in the
RIGHTS AND OBLIGATIONS OF STOCK BROKERS, SUB-BROKERS AND CLIENTS
As Prescribed by SEBI and Stock Exchanges
account opening form’ as provided at the time of
account opening and thereafter; including the
information on winding up petition/insolvency
petition or any litigation which may have material
bearing on his capacity. The client shall provide /
update the financial information to the stock broker on
a periodic basis.
10. The stock broker and sub-broker shall maintain all the
details of the client as mentioned in the account
opening form or any other information pertaining to
the client, confidentially and that they shall not
disclose the same to any person/authority except as
required under any law/regulatory requirements.
Provided however that the stock broker may so
disclose information about his client to any person or
authority with the express permission of the client.
MARGINS
11. The client shall pay applicable initial margins,
withholding margins, special margins or such other
margins as are considered necessary by the stock
broker or the Exchange or as may be directed by SEBI
from time to time as applicable to the segment(s) in
which the client trades. The stock broker is permitted
in its sole and absolute discretion to collect additional
margins (even though not required by the Exchange,
Clearing House/Clearing Corporation or SEBI) and the
client shall be obliged to pay such margins within the
stipulated time.
12. The client understands that payment of margins by the
client does not necessarily imply complete satisfaction
of all dues, In spite of consistently having paid margins,
the client may, on the settlement of its trade, be
obliged to pay (or entitled to receive) such further
sums as the contract may dictate/require.
TRANSACTIONS AND SETTLEMENTS
13. The client shall give any order for buy or sell of a
security / derivatives contract in writing or in such form
or manner, as may be mutually agreed between the
client and the stock broker, The stock broker shall
ensure to place orders and execute the trades of the
client, only in the Unique Client Code assigned to that
client.
14. The stock broker shall inform the client and keep him
apprised about trading / settlement cycles, delivery /
payment schedules, any changes therein from time to
28
time, and it shall be the responsibility in turn of the
client to comply with such schedules / procedures of
the relevant stock exchange where the trade is
executed.
15. The stock broker shall ensure that the money /
securities deposited by the client shall be kept in a
separate account, distinct from his/its own account or
account of any other client and shall not be used by the
stock broker for himself / itself or for any other client or
for any purpose other than the purposes mentioned in
Rules, Regulations, circulars, notices, guidelines of
SEBI and/or Rules, Regulations, Bye-laws, circulars and
notices of Exchange.
16. Where the Exchange(s) cancels trade(s) suo moto all
such trades including the trade/s done on behalf of the
client shall ipso facto stand cancelled, stock broker
shall be entitled to cancel the respective contract(s)
with client(s).
17. The transactions executed on the Exchange are subject
to Rules, Byelaws and Regulations and circulars /
notices issued thereunder of the Exchanges where the
trade is executed and all parties to such trade shall
have submitted to the jurisdiction of such court as may
be specified by the Byelaws and Regulations of the
Exchanges where the trade is executed for the purpose
of giving effect to the provisions of the Rules, Byelaws
and Regulations of the Exchanges and the circulars /
notices issued thereunder.
BROKERAGE
18. The client shall pay to the stock broker brokerage and
statutory levies as are prevailing from time to time and
as they apply to the clients account, transactions and
to the services that stock broker renders to the client.
The stock broker shall not charge brokerage more than
the maximum brokerage permissible as per the rules,
regulations and bye-laws of the relevant stock
exchanges and/or rules and regulations of SEBI.
LIQUIDATION AND CLOSE OUT OF POSITION
19. Without prejudice to the stock broker’s other rights
(including the right to refer a matter to arbitration), the
client understands that the stock broker shall be
entitled to liquidate / close out all or any of the client’s
positions for nonpayment of margins or other
amounts, outstanding debts, etc. and adjust the
proceeds of such liquidation / close out, if any, against
the client’s liabilities / obligations, Any and all losses
and financial charges on account of such liquidation /
closing-out shall be charged to and borne by the client.
20. In the event of death or insolvency of the client or his /
its otherwise becoming incapable of receiving and
paying for or delivering or transferring securities which
the client has ordered to be bought or sold, stock
broker may close out the transaction of the client and
claim losses, if any, against the estate of the client. The
client or his nominees, successors, heirs and assignee
shall be entitled to any surplus which may result there
from. The client shall note that transfer of funds /
securities in favour of a Nominee shall be valid
discharge by the stock broker against the legal heir.
21. The stock broker shall bring to the notice of the
relevant Exchange the information about default in
payment / delivery and related aspects by a client. In
case where defaulting client is a corporate entity /
partnership / proprietary firm or any other artificial
legal entity, then the name(s) of Director(s) /
Promoter(s) / Partner(s) / Proprietor as the case may
be, shall also be communicated by the stock broker to
the relevant Exchange(s).
DISPUTE RESOLUTION
22. The stock broker shall provide the client with the
relevant contact details of the concerned Exchanges
and SEBI.
23. The stock broker shall co-operate in redressing
grievances of the client in respect of all transactions
routed through it and in removing objections for bad
delivery of shares, rectification of bad delivery, etc.
24. The client and the stock broker shall refer any claims
and/or disputes with respect to deposits, margin
money, etc., to arbitration as per the Rules, Byelaws
and Regulations of the Exchanges where the trade is
executed and circulars / notices issued (Hereunder as
may be in force from time to time.
25. The stock broker shall ensure faster settlement of any
arbitration proceedings arising out of the transactions
entered into between him vis-a-vis the client and he
shall be liable to implement the arbitration awards
made in such proceedings.
26. The client / stock-broker understands that the
instructions issued by an authorized representative for
dispute resolution, if any, of the client / stock-broker
shall be binding on the client / stock-broker in
accordance with the letter authorizing the said
representative to deal on behalf of the said client /
stock-broker,
29
TERMINATION OF RELATIONSHIP
27. This relationship between the stock broker and the
client shall be terminated; if the stock broker for any
reason ceases to be a member of the stock exchange
including cessation of membership by reason of the
stock broker’s default, death, resignation or expulsion
or if the certificate is cancelled by the Board.
28. The stock broker, sub-broker and the client shall be
entitled to terminate the relationship between them
without giving any reasons to the other party, after
giving notice in writing of not less than one month to
the other parties. Notwithstanding any such
termination, all rights, liabilities and obligations of the
parties arising out of or in respect of transactions
entered into prior to the termination of this
relationship shall continue to subsist and vest in / be
binding on the respective parties or his / its respective
heirs, executors, administrators, legal representatives
or successors, as the case may be.
29. In the event of demise / insolvency of the sub-broker or
the cancellation of his / its registration with the Board
or / withdrawal of recognition of the sub-broker by the
stock exchange and / or termination of the agreement
with the sub broker by the stock broker, for any reason
whatsoever, the client shall be informed of such
termination and the client shall be deemed to be the
direct client of the stock broker and all clauses in the
‘Rights and Obligations’ document(s) governing the
stock broker, sub-broker and client shall continue to be
in force as it is, unless the client intimates to the stock
broker his / its intention to terminate their relationship
by giving a notice in writing of not less than one month.
ADDITIONAL RIGHTS AND OBLIGATIONS
30. The stock broker shall ensure due protection to the
client regarding client’s rights to dividends, rights or
bonus shares, etc. in respect of transactions routed
through it and it shall not do anything which is likely to
harm the interest of the client with whom and for
whom they may have had transactions in securities.
31. The stock broker and client shall reconcile and settle
their accounts from time to time as per the Rules,
Regulations, Bye Laws, Circulars, Notices and
Guidelines issued by SEBI and the relevant Exchanges
where the trade is executed.
32. The stock broker shall issue a contract note to his
constituents for trades executed in such format as may
be prescribed by the Exchange from time to time
containing records of all transactions including details
of order number, trade number trade time, trade price,
trade quantity, details of the derivatives contract,
client code, brokerage, all charges levied etc. and with
all other relevant details as required therein to be filled
in and issued in such manner and within such time as
prescribed by the Exchange. The stock broker shall
send contract notes to the investors within one
working day of the execution of the trades in hard copy
and / or in electronic form using digital signature.
33. The stock broker shall make pay out of funds or
delivery of securities, as the case may be, to the client
within one working day of receipt of the payout from
the relevant Exchange where the trade is executed
unless otherwise specified by the client and subject to
such terms and conditions as may be prescribed by the
relevant Exchange from time to time where the trade is
executed.
34. The stock broker shall send a complete ‘Statement of
Accounts’ for both funds and securities in respect of
each of its clients in such periodicity and format within
such time, as may be prescribed by the relevant
Exchange, from time to time, where the trade is
executed. The Statement shall also state that the client
shall report errors, if any, in the Statement within such
time as may be prescribed by the relevant Exchange
from time to time where the trade was executed, from
the receipt thereof to the Stock broker.
35. The stock broker shall send daily margin statements to
the clients. Daily Margin statement should include,
inter-alia, details of collateral deposited, collateral
utilized and collateral status (available balance/due
from client) with break up in terms of cash, Fixed
Deposit Receipts (FDRs), Bank Guarantee and
securities.
36. The client shall ensure that it has the required legal
capacity to, and is authorized to, enter into the
relationship with stock broker and is capable of
performing his obligations and undertakings
hereunder. All actions required to be taken to ensure
compliance of all the transactions, which the client
may enter into shall be completed by the client prior to
such transaction being entered into.
ELECTRONIC CONTRACT NOTES (ECN)
37. In case, client opts to receive the contract note in
electronic form, he shall provide an appropriate e-mail
id to the stock broker. The client shall communicate to
the stock broker any change in the email-id through a
physical letter. If the client has opted for internet
trading, the request for change of email id may be
30
made through the secured access by way of client
specific user id and password.
38. The stock broker shall ensure that all ECNs sent
through the e-mail shall be digitally signed, encrypted,
non-tamper able and in compliance with the
provisions of the IT Act, 2000. In case, ECN is sent
through e-mail as an attachment, the attached file
shall also be secured with the digital signature,
encrypted and non-tamperable.
39. The client shall note that non-receipt of bounce mail
notification by the stock broker shall amount to
delivery of the contract note at the e-mail ID of the
client.
40. The stock broker shall retain ECN and acknowledge-
ment of the e-mail in a soft and non-tamperable form
in the manner prescribed by the exchange in
compliance with the provisions of the IT Act, 2000 and
as per the extant rules / regulations / circulars /
guidelines issued by SEBI / Stock Exchanges from time
to time. The proof of delivery i.e. log report generated
by the system at the time of sending the contract notes
shall be maintained by the stock broker for the
specified period under the extant regulations
SEBI/stock exchanges. The log report shall provide the
details of the contract notes that are not delivered to
the client/e-mails rejected or bounced back. The stock
broker shall take all possible steps to ensure receipt of
notification of bounced mails by him at all times within
the stipulated time period under the extant
regulations of SEBI / stock exchanges.
41. The stock broker shall continue to send contract notes
in the physical mode to such clients who do not opt to
receive the contract notes in the electronic form.
Wherever the ECNs have not been delivered to the
client or has been rejected (bouncing of mails) by the
e-mail ID of the-client, the stock broker shall send a
physical contract note to the client within the
stipulated time under the extant regulations of SEBI /
stock exchanges and maintain the proof of delivery of
such physical contract notes.
42. In addition to the e-mail communication of the ECNs to
the client, the stock broker shall simultaneously
publish the ECN on his designated web-site, if any, in a
secured way and enable relevant access to the clients
and for this purpose, shall allot a unique user name
and password to the client, with an option to the client
to save the contract note electronically and/or take a
print out of the same.
LAW AND JURISDICTION
43. In addition to the specific rights set out in this
document, the stock broker, sub-broker and the client
shall be entitled to exercise any other rights which the
stock broker or the client may have under the Rules,
Bye-laws and Regulations of the Excnanges in which
the client chooses to trade and circulars / notices
issued thereunder or Rules and Regulations of SEBI.
44. The provisions of this document shall always be
subject to Government notifications, any rules,
regulations, guidelines and circulars / notices issued by
SEBI and Rules, Regulations and Bye laws of the
relevant stock exchanges, where the trade is executed,
that may be in force from time to time.
45. The stock broker and the client shall abide by any
award passed by the Arbitrator(s) under the
Arbitration and Conciliation Act, 1996. However, there
is also a provision of appeal within the stock
exchanges, if either party is not satisfied with the
arbitration award.
46. Words and expressions which are used in this
document but which are not defined herein shall,
unless the context otherwise requires, have the same
meaning as assigned thereto in the Rules, Byelaws and
Regulations and circulars / notices issued thereunder
of the Exchanges / SEBI.
47. All additional voluntary clauses / document added by
the stock broker should not be in contravention with
rules / regulations / notices / circulars of Exchanges /
SEBI. Any changes in such voluntary clauses /
document(s) need to be preceded by a notice of 15
days. Any changes in the rights and obligations which
are specified by Exchanges / SEBI shall also be brought
to the notice of the client.
48. If the rights and obligations of the parties hereto are
altered by virtue of change in Rules and regulations of
SEBI or Bye-laws, Rules and Regulations of the relevant
stock Exchanges where the trade is executed, such
changes shall be deemed to have been incorporated
herein in modification of the rights and obligations of
the parties mentioned in this document.
31
This document contains important information on trading
in Equities/Derivatives Segments of the stock exchanges. All
prospective constituents should read this document before
trading in Equities/Derivatives Segments of the Exchanges.
Stock exchanges/SEBI does neither singly or jointly and
expressly nor impliedly guarantee nor make any
representation concerning the completeness, the adequacy
or accuracy of this disclosure document nor have Stock
exchanges /SEBI endorsed or passed any merits of
participating in the trading segments. This brief statement
does not disclose all the risks and other significant aspects
of trading.
In the light of the risks involved you should undertake
transactions only if you understand the nature of the
relationship into which you are entering and the extent of
your exposure to risk.
You must know and appreciate that trading in Equity shares,
derivatives contracts or other instruments traded on the
Stock Exchange, which have varying element of risk, is
generally not an appropriate avenue for someone of limited
resources/limited investment and/or trading experience
and low risk tolerance. You should therefore carefully
consider whether such trading is suitable for you in the light
of your financial condition. In case you trade on Stock
exchanges and suffer adverse consequences or loss, you
shall be solely responsible for the same and Stock
exchanges/its Clearing Corporation and/or SEBI shall not be
responsible, in any manner whatsoever, for the same and it
will not be open for you to take a plea that no adequate
disclosure regarding the risks involved was made or that you
were not explained the full risk involved by the concerned
stock broker. The constituent shall be solely responsible for
the consequences and no contract can be rescinded on that
account. You must acknowledge and accept that there can
be no guarantee of profits or no exception from losses while
executing orders for purchase and/or sale of a derivative
contract being traded on Stock exchanges.
It must be clearly understood by you that your dealings on
Stock exchanges through a stock broker shall be subject to
your fulfilling certain formalities set out by the stock broker,
which may inter alia include your filling the know your client
form, reading the rights and obligations do’s and don’ts,
etc., and are subject to the Rules, Byelaws and Regulations
of relevant Stock exchanges, its Clearing Corporation,
guidelines prescribed by SEBI and in force from time to time
and Circulars as may be issued by Stock exchanges or its
Clearing Corporation and in force from time to time.
RISK DISCLOSURE DOCUMENT FOR CAPITAL MARKET AND DERIVATIVES SEGMENTS
Stock exchanges does not provide or purport to provide any
advice and shall not be liable to any person who enters into
any business relationship with any stock broker of Stock
exchanges and/or any third party based on any information
contained in this document. Any information contained in
this document must not be construed as business advice.
No consideration to trade should be made without
thoroughly understanding and reviewing the risks involved
in such trading. If you are unsure, you must seek
professional advice on the same.
In considering whether to trade or authorize someone to
trade for you, you should be aware of or must get
acquainted with the following:-
1. BASIC RISKS:
1.1 Risk of Higher Volatility:
Volatility refers to the dynamic changes in price that a
security/derivatives contract undergoes when trading
activity continues /on the Stock Exchanges. Generally,
higher the volatility of a security/derivatives contract,
greater is its price swings. There may be normally greater
volatility in thinly traded securities / derivatives contracts
than in active securities /derivatives contracts. As a result of
volatility your order may only be partially executed or not
executed at all, or the price at which your order got
executed may be substantially different from the last traded
price or change substantially thereafter, resulting in
notional or real losses.
1.2 Risk of Lower Liquidity:
Liquidity refers to the ability of market participants to buy
and/or sell securities / derivatives contracts expeditiously at
a competitive price and with minimal price difference.
Generally, it is assumed that more the numbers of orders
available in a market, greater is the liquidity. Liquidity is
important because with greater liquidity, it is easier for
investors to buy and/or sell securities / derivatives contracts
swiftly and with minimal price difference, and as a result,
investors are more likely to pay or receive a competitive
price for securities / derivatives contracts purchased or sold.
There may be a risk of lower liquidity in some securities /
derivatives contracts as compared to active securities /
derivatives contracts. As a result, your order may only be
partially executed, or may be executed with relatively
greater price difference or may not be executed at all.
1.2.1 Buying or selling securities / derivatives contracts as
part of a day trading strategy may also result into losses,
32
because in such a situation, securities / derivatives
contracts may have to be sold / purchased at low / high
prices, compared to the expected price levels, so as not to
have any open position or obligation to deliver or receive a
security / derivatives contract.
1.3 Risk of Wider Spreads:
Spread refers to the difference in best buy price and best sell
price. It represents the differential between the price of
buying a security / derivatives contract and immediately
selling it or vice versa. Lower liquidity and higher volatility
may result in wider than normal spreads for less liquid or
illiquid securities / derivatives contracts. This in turn will
hamper better price formation.
1.4 Risk-reducing orders:
The placing of orders (e.g., “stop loss" orders or “limit”
orders) which are intended to limit losses to certain
amounts may not be effective many a time because rapid
movement in market conditions may make it impossible to
execute such orders.
1.4.1 A “market” order will be executed promptly, subject to
availability of orders on opposite side, without regard to
price and that, while the customer may receive a prompt
execution of a “market” order, the execution may be at
available prices of outstanding orders, which satisfy the
order quantity, on price time priority. It may be understood
that these prices may be significantly different from the last
traded price or the best price in that security / derivatives
contract.
1.4.2 A “limit” order will be executed only at the “limit”
price specified for the order or a better price. However,
while the customer receives price protection, there is a
possibility that the order may not be executed at all.
1.4.3 A stop loss order is generally placed “away” from the
current price of a stock / derivatives contract, and such
order gets activated if and when the security / derivatives
contract reaches, or trades through, the stop price. Sell stop
orders are entered ordinarily below the current price, and
buy stop orders are entered ordinarily above the current
price. When the security / derivatives contract reaches the
pre .-determined price, or trades through such price, the
stop loss order converts to a market/limit order and is
executed at the limit or better. There is no assurance
therefore that the limit order will be executable since a
security / derivatives contract might penetrate the pre-
determined price, in which case, the risk of such order not
getting executed arises just as with a regular limit order.
1.5 Risk of News Announcements:
News announcements that may impact the price of stock /
derivatives contract may occur during trading, and when
combined ‘’with lower liquidity and higher volatility, may
suddenly cause an unexpected positive or negative
movement in the price of the security / contract.
1.6 Risk of Rumors:
Rumors about companies / currencies at times float in the
market through word of mouth, newspapers, websites or
news agencies, etc. The investors should be wary of and
should desist from acting on rumors.
1.7 System Risk:
High volume trading will frequently occur at the market
opening and before market close. Such high volumes may
also occur at any point in the day. These may cause delays in
order execution or confirmation.
1.7.1 During periods of volatility on account of market
participants continuously modifying their order quantity or
prices or placing fresh orders, there may be delays in order
execution and its confirmations.
1.7.2 Under certain market conditions, it may be difficult or
impossible to liquidate a position in the market at a
reasonable price or-at all, when there are no outstanding
orders either on the buy side or the sell side, or if trading is
halted in a security / derivatives contract due to any action
on account of unusual trading activity or security /
derivatives contract hitting circuit filters or for any other
reason
1.8 System/Network Congestion:
Trading on exchanges is in electronic mode, based on
satellite / leased line based communications, combination
of technologies and computer systems to place and route
orders. Thus, there exists a possibility of communication
failure or system problems or slow or delayed response
from system or trading halt, or any such other
problem/glitch whereby not being able to establish access
to the trading system/network, which may be beyond
control and may result in delay in processing or not
processing buy or sell orders either in part or in full. You are
cautioned to note that although these problems may be
temporary in nature, but when you have outstanding open
positions or unexecuted orders, these represent a risk
because of your obligations to settle all executed
transactions.
33
2. As far as Derivatives segments are concerned, please
note and get yourself acquainted with the following
additional features:-
2.1 Effect of “Leverage” or “Gearing”:
In the derivatives market, the amount of margin is small
relative to the value of the derivatives contract so the
transactions are ‘leveraged’ or ‘geared’. Derivatives trading,
which is conducted with a relatively small amount of
margin, provides the possibility of great profit or loss in
comparison with the margin amount. But transactions in
derivatives carry a high degree of risk.
You should therefore completely understand the following
statements before actually trading in derivatives and also
trade with caution while taking into account one’s
circumstances, financial resources, etc. If the prices move
against you, you may lose a part of or whole margin amount
in a relatively short period of time. Moreover, the loss may
exceed the original margin amount.
A. Futures trading involve daily settlement of all
positions. Every day the open positions are marked to
market based on the ‘closing level of the index /
derivatives contract. If the contract has moved against
you, you will be required to deposit the amount of loss
(notional) resulting from such movement. This amount
will have to be paid within a stipulated time frame,
generally before commencement of trading on next
day.
B. If you fail to deposit the additional amount by the
deadline or if an outstanding debt occurs in your
account, the stock broker may liquidate a part of or the
whole position or substitute securities. In this case,
you will be liable for any losses incurred due to such
close-outs
C. Under certain market conditions, an investor may find
it difficult or impossible to execute transactions. For
example, this situation can occur due to factors such as
illiquidity i.e. when there are insufficient bids or offers
or suspension of trading due to price limit or circuit
breakers etc
D. In order to maintain market stability, the following
steps may be adopted: changes in the margin rate,
increases in the cash margin rate or others. These new
measures may also be applied to the existing open
interests. In such conditions, you will be required to
put up additional margins or reduce your positions.
E. You must ask your broker to provide the full details of
derivatives contracts you plan to trade i.e. the contract
specifications and the associated obligations
2.2 Currency specific risks:
1. The profit or loss in transactions in foreign currency-
denominated contracts, whether they are traded in
your own or another jurisdiction, will be affected by
fluctuations in currency rates where there is a need to
convert from the currency
2. Under certain market conditions you may find it
difficult or impossible to liquidate a position. This can
occur, for example when a currency is deregulated or
fix trading band are widened.
3. Currency prices are highly volatile Price movements
for currencies are influenced by, among other things:
changing supply-demand relationships; trade, fiscal,
monetary, exchange control programs and policies of
governments; foreign political and economic events
and policies; changes in national and international
interest rates and inflation; currency/devaluation; and
sentiment of the market place. None of these factors
can be controlled by any individual advisor and no
assurance can be given that an advisor’s advice will
result in profitable trades for a participating customer
or that a customer will not incur losses from such
events.
2.3 Risk of Option holders:
1. An option holder runs the risk of losing the entire
amount paid for the option in a relatively short period
of time. This risk reflects the nature of an option as a
wasting asset which becomes worthless when it
expires. An option holder who neither/sells his option
in the secondary market nor exercises it prior to its
expiration will necessarily lose his entire investment in
the option. If the price of the underlying does not
change in the anticipated direction before the option
expires, to an extent sufficient to cover the cost of the
option, the investor may lose all or a significant part of
his investment in the option.
2. The Exchanges may impose exercise restrictions and
have absolute authority to restrict the exercise of
options at certain ‘ times in specified circumstances
2.4 Risks of Option Writers:
1. If the price movement of the underlying is not in the
anticipated direction, the option writer runs the risks
of losing substantial amount.
2. The risk of being an option writer may be reduced by
34
the purchase of other options on the same underlying
interest and thereby assuming a spread position or by
acquiring other types of hedging positions in the
options markets or other markets. However, even
where the writer nas assumed a spread or other
hedging position, the risks may still be significant. A
spread position is not necessarily less risky than a
simple ‘long’ or ‘short’ position.
3. Transactions that involve buying and writing multiple
options in combination, or buying or writing options in
combination with buying or selling short the
underlying interests, present additional risks to
investors. Combination transactions, such as option
spreads, are more complex than ouying or writing a
single option. And it should be further noted that, as in
any area of investing, a complexity not well
understood is, in itself, a risk factor. While this is not to
suggest that combination strategies should not be
considered, it is advisable, as is the case with all
investments in options, to consult with someone who
is experienced and knowledgeable with respect to the
risks and potential rewards of combination
transactions under various market circumstances.
3. TRADING THROUGH WIRELESS TECHNOLOGY /
SMART ORDER ROUTING OR ANY OTHER
TECHNOLOGY:
Any additional provisions defining the features, risks,
responsibilities, obligations and liabilities associated with
securities trading through wireless technology/ smart order
routing or any other technology should be brought to the
notice of the client by the stock broker.
4. GENERAL
4.1 The term ‘constituent’ shall mean and include a client,
a customer or an investor, who deals with a stock broker for
the purpose of acquiring and/or selling of securities /
derivatives contracts through the mechanism provided by
the Exchanges.
4.2 The term stock broker shall mean and include a stock
broker, a broker or a stock broker, who has been admitted as
such by the Exchanges and who holds a registration
certificate from SEBI.
This Space is Intentionally kept Blank
35
BEFORE YOU BEGIN TO TRADE
1. Ensure that you deal with and through only SEBI
registered intermediaries. You may check their SEBI
registration certificate number from the list available
on the Stock exchanges /
www.nseindia.com and SEBI website www.sebi.gov.in.
2. Ensure that you fill the KYC form completely and strike
off the blank fields in the KYC form.
3. Ensure that you have read all the mandatory
documents viz. Rights and Obligations, Risk Disclosure
Document, Policy and Procedure document of the
stock broker.
4. Ensure to read, understand and then sign the
voluntary clauses, if any, agreed between you and the
stock broker. Note that the clauses as agreed between
you and the stock broker cannot be changed without
your consent.
5. Get a clear idea about all brokerage, commissions, fees
and other charges levied by the broker on you for
trading and the relevant provisions/ guidelines
specified by SEBI/Stock exchanges.
6. Obtain a copy of all the documents executed by you
from the stock broker free of charge.
7. In case you wish to execute Power of Attorney (POA) in
favour of the Stock broker, authorizing it to operate
your bank and demat account, please refer to the
guidelines issued by SEBI/Exchanges in this regard.
TRANSACTIONS AND SETTLEMENTS
8. The stock broker may issue electronic contract notes
(ECN) if specifically authorized by you in writing. You
should provide your email id to the stock broker for the
same. Don’t opt for ECN if you are not familiar with
computers.
9. Don’t share your internet trading account’s password
with anyone.
10. Don’t make any payment in cash to the stock broker.
11. Make the payments by account payee cheque in favour
of the stock broker. Don’t issue cheques in the name of
sub-broker. Ensure that you have a documentary proof
of your payment/deposit of securities with the stock
broker, stating date, scrip, quantity, towards which
www.bseindia.com
GUIDANCE NOTE - DO’s AND DON’Ts FOR TRADING ON THE EXCHANGE(S) FOR INVESTORS
bank/ demat account such money or securities
deposited and from which bank/ demat account.
12. Note that facility of Trade Verification is available on
stock exchanges’ websites, where details of trade as
mentioned in the contract note may be verified.
Where trade details on the website do not tally with
the details mentioned in the contract note,
immediately get in touch with the Investors Grievance
Cell of the relevant Stock exchange.
13. In case you have given specific authorization for
maintaining running account, payout of funds or
delivery of securities (as the case may be), may not be
made to you within one working day from the receipt
of payout from the Exchange. Thus, the stock broker
shall maintain running account for you subject to the
following conditions:
a) Such authorization from you shall be dated,
signed by you only and contains the clause that
you may revoke the same at any time.
b) The actual settlement of funds and securities shall
be done by the stock broker, at least once in a
calendar quarter or month, depending on your
preference. While settling the account, the stock
broker shall send to you a ‘statement of accounts’
containing an extract from the client ledger for
funds and an extract from the register of securities
displaying all the receipts/deliveries of funds and
securities. The statement shall also explain the
retention of funds and securities and the details of
the pledged shares, if any.
c) On the date of settlement the stock broker may
retain the requisite securities/funds towards
outstanding obligations and may also retain the
funds expected to be required to meet derivatives
margin obligations for next 5 trading days,
calculated in the manner specified by the
exchanges. In respect of cash market transactions,
the stock broker may retain entire pay-in
obligation of funds and securities due from clients
as on date of settlement and for next day’s
business, he may retain funds/securities/margin
to the extent of value of transactions executed on
the day of such settlement in the cash market
d) You need to bring any dispute arising from the
statement of account or settlement so made to
the notice of the stock broker in writing preferably
within 7 (seven) working days from the date of
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receipt of funds/securities or statement, as the
case may be. In case of dispute refer the matter in
writing to the investor Grievance Cell of the
relevant Stock exchanges without delay.
14. In case you have not opted tor maintaining running
account and pay-out of funds/securities is not received
on the next working day of the receipt of payout from
the exchanges, please refer the matter to the stock
broker. In case there is dispute, ensure that you lodge a
complaint in writing immediately with the Investors
Grievance Cell of the relevant Stock exchange.
15. Please register your mobile number and email id with
the stock broker, to receive trade confirmation alerts /
details of the transactions through SMS or email, by
the end of the trading day, from the stock exchanges.
IN CASE OF TERMINATION OF TRADING MEMBERSHIP
16. In case, a stock broker surrenders his membership, is
expelled from membership or declared a defaulter;
Stock exchanges gives a public notice inviting claims
relating to only the “transactions executed on the
trading system” of Stock exchange, from the investors
Ensure that you lodge a claim with the relevant Stock
exchanges within the stipulated period and with the
supporting documents
17. Familiarize yourself with the protection accorded to
the money and/or securities you may deposit with
your stock broker, particularly in the event of a default
or the stock broker’s insolvency or bankruptcy and the
extent to which you may recover such money and/or
securities may be governed by the Bye-laws and
Regulations of the relevant Stock exchange where the
trade was executed and the scheme of the Investors’
Protection Fund in force from time to time.
DISPUTES / COMPLAINTS
18. Please note that the details of the arbitration
proceedings, penal action against the brokers and
investor complaints against the stock brokers are
displayed on the website of the relevant Stock
exchange.
19. In case your issue / problem / grievance is not being
sorted out by concern stock broker/sub-broker then
you may take up the matter with the concerned Stock
exchange. If you are not satisfied with the resolution of
your complaint then you can escalate the matter to
SEBI
20. Note that all the stock broker / sub-brokers have been
mandated by SEBI to designate an e-mail ID of the
grievance redressal division / compliance officer
exclusively for the purpose of registering complaints.
This Space is Intentionally kept Blank
37
MANDATORY DOCUMENT DEALING WITH POLICIES AND PROCEDURES PURSUANT TO SEBI’S CIRCULAR MIRSD/ SE/ Cir-19/ 2009 dated December 3, 2009:
1. Refusal of order for Penny stocks/ :
• CGS-CIMB Securities (India) Private Limited (“CGS-CIMB”) shall have the absolute discretion to accept, refuse or partially accept any buy or sell order for execution from a Client in respect of penny stocks, illiquid stocks, stocks having low liquidity, illiquid “options”, far month “options”, writing of “options”, stocks in T,Z and TS category and any other contracts which as per the perception of CGS-CIMB are extremely volatile or where the order by the Client is quiet large compared to the volume in the market and where CGS-CIMB feels that it is subject to Market manipulation.
• CGS-CIMB may permit restrictive acceptance of orders in such scrip’s/contracts in controlled environments like orders received from clients being forwarded by branches to a centralized desk instead of allowing trading in such scrip’s/Contracts at branch level or through Online trading platform. CGS-CIMB shall not be responsible for delay in execution of such orders and consequential opportunity loss or financial loss to the client.
• CGS-CIMB may cancel orders in such scrip’s received from clients before execution or after partial execution without assigning any reasons thereof. CGS-CIMB may take appropriate declarations from the clients before accepting such orders.
• CGS-CIMB shall have the prerogative to place such restrictions, notwithstanding the fact that the Client has adequate credit balance or margin available in his account and/or the Client had previously purchased or sold such securities / contracts through CGS-CIMB itself.
2. Setting up Client’s Exposure limits:
Exposures and margins shall be regularly monitored by the company for all clients. Each client also needs to constantly monitor his/her positions, margins etc. and it shall be the Client's responsibility to maintain adequate margins against exposures taken / proposed to be taken. Exposure limits shall be made available to clients based on collateral available.
Collateral includes
• Account balances adjusted for F&O margins, as maybe applicable
• Adjustments for open unsettled positions, if any
illiquid Securities • "Approved Securities" held with CGS-CIMB as collateral that the Client has authorized the company to hold / keep as margins with itself or the exchange (Received or due from exchange) valued after a haircut and / or margin as determined by the company from time to time
Account balances shall include
• All daily billing effects for all segments
• All charges and fees that are incidental to carrying out the securities business like Delayed Payment charges, auctions, penalties, any other fees etc.
• All money receipts realized by the company before the trading session / day
• Derivative margins collected / realized based on the billing policy adopted by the company from time to time
"Approved Securities" is the list of securities that CGS-CIMB accepts as collateral. Typically the list is revised on a monthly basis, but maybe modified anytime at the sole discretion of CGS-CIMB based on market volatility, any material impact on price or volatility of any security. This list shall be made available on demand. The haircut on securities for valuation shall be defined by CGS-CIMB and typically varies from 15% - 100%.
Exposure limits shall be allocated to clients at the company's absolute discretion and may vary from client to client based on risk profiles, trading patterns, qualitative assessments, track record, underlying Securities, Exchange segments etc. The company may at its discretion allow exposures based on various other factors like market / stock volatility and any other client related factors as above.
Exposure limits are dynamic throughout the day and are constantly adjusted for M to M profits / losses, market conditions, individual security exposure caps and all other factors affecting risk to security prices, collateral and liquidity;
CGS-CIMB may change the procedure for exposure allocation depending upon the market conditions and change in internal policies. The same may be put up / updated on the website regularly. A copy of the same can be obtained from the offices of CGS-CIMB.
3. Applicable Brokerage rates :
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Brokerage shall be applied as per the rates agreed upon with the Client. The rate of Brokerage shall not exceed the maximum brokerage permissible under Exchange bye-laws.
The slab rates of brokerage fixed by CGS-CIMB are functional of the quality and cost of services provided to the Client and the volume and revenue expected from an account. It shall be reviewed by the CGS-CIMB from time to time and may be increased with prospective effect at a notice of 15 days sent to the E-mail address or postal address of the Client registered with CGS-CIMB.
4. Imposition of Penalty / Delayed payment charges by either party:
The client is required to pay all amounts due to the Trading Member on its due date. The amount due to broker shall include all type of Margin and Pay-in obligation or on account of any other reason. Client shall be liable to penalty and other charges on non payment of margin money, short selling of securities or units, loss due to auction, cheque bounce, non delivery of shares, increase open position or on any orders / trades / deals / actions of the client which are contrary to the agreed terms & conditions/ rules / regulations / bye laws of the Exchange or any other law for the time being in force as per Rules, Regulations, Guidelines and Circulars issued by SEBI and Stock Exchange from time to time and client will be kept informed about the rate of such penalties & fines.
In case the client does not pay the amount due on time and where the client takes exposure in F&O segment by depositing collaterals in a ratio which is disproportionate to the cash versus collateral ratios prescribed by the Exchanges, CGS-CIMB shall charge delayed payment fee up to the rate of 2% per month. on the daily outstanding value or at such rates as may be determined from time to time by CGS-CIMB, as per the applicable rules and regulations. While levying delayed payment charges or interest on the debit balance in the running account of the client, CGS-CIMB will not consider any credit balance in the other family or group account of the client. The objective of charging such a charge is to make a client to clear their dues on a timely basis. It should not be construed as allowing to keep the running debit in the account and take the further exposure.
Further Exchanges levy various penalties on the member brokers on auction resulting from short deliveries, non adherence to client wise exposure limit, client wise short fall in F&O margins and for any other reason which may be defined by the Exchange from time to time. CGS-CIMB is therefore autho- rized by the client to pass on any penalty imposed by the Exchange/SEBI and or any other regulatory authority to the client which arises on account of such actions from the client.
All fines/penalties and charges levied upon the Client due to its acts / deeds or transactions will be recovered by CGS-CIMB directly from the client's account.
5. Right to sell Client's securities or close Client's positions, without giving notice to the Client, on account of non-payment of Client’s dues
The Client shall ensure that adequate margins are maintained with the company against exposures taken / proposed to be taken. In case there is a shortfall in margins/ collateral, CGS-CIMB shall make an earnest attempt to contact the customer over phone or any other means before initiating any close out of positions, however it is the Client's responsibility to ensure adequacy of margins failing which CGS-CIMB shall, at its discretion, execute the close out of positions as it deems fit.
Closing out of positions may include positions initiated during the trading session/ day, positions carried forward from previous days/ sessions and liquidation of collateral / securities held by the Client with Company (that may / may not be kept with the exchange) and liquidation against any pending payout obligations expected from the exchange on account of previous transactions. CGS-CIMB, shall at its discretion, execute such close outs in any order of priority it deems fit to bring back margin adequacy for residual exposures.
CGS-CIMB shall not hold any cash delivery position if full payments are not received by due date. In such events the company may sell off such deliveries to the extent of funds shortfall in the account without reference to the Client even if margins are maintained as per regular exposure limits offered to the Client.
CGS-CIMB shall insist upto 100% of margin in cash and may not consider the value of securities for the purpose of calculating margin shortfall and many close the position in case of short fall.
CGS-CIMB shall have the right to sell Client's securities or close out Client's open positions but it shall not be under any obligation to undertake this exercise under any circumstances CGS-CIMB shall not be under any obligation to compensate/ or provide reasons of any delay or omission on its part to sell Client's securities or close open positions of the Client. This option will be exercised solely at the discretion of CGS-CIMB.
CGS-CIMB shall also be entitled to sell all or some of the Client’s securities or close out the Client’s open position for recovery of amounts due and payable by the Client to CGS-CIMB towards the brokerage fees of CGS-CIMB.
6. Shortages in obligations arising out of internal netting of trades
CGS-CIMB shall have the right to adopt a policy of its choice for internal auctions arising out of internal netting of trades and charge to defaulter seller and compensate the impacted purchaser as per the policy. The current
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procedure for internal auction is displayed on the website, which may be amended from time to time with prospective effect. This document can be obtained from the office of CGS-CIMB on demand by the Client.
7. Conditions under which a Client may not be allowed to take further position
In case the Client does not have adequate margins or scrip-wise exposure of CGS-CIMB is breached CGS-CIMB shall not, at its own discretion, allow the Client to take further position. Notwithstanding anything specified above, CGS-CIMB shall reserve the right to deny incremental exposure partly or fully across any security owing to various situations including market dynamics, technology disruptions or any other circumstance beyond the direct control of CGS-CIMB.
8. Temporarily suspending or closing a Client’s account at the Client’s request
• Suspension
CGS-CIMB may also suspend the account based on a request received from the Client provided the Client has given a notice of at least 7 trading days and there is no open position in all the segments/exchanges and there is no obligation/debit balance in the account . The account would be settled with the Client before suspending the same.
• Closure
CGS-CIMB may close the account based on a request received from the Client provided the Client has given a notice of at least 7 trading days, and t h e r e i s n o o p e n p o s i t i o n i n a n y s e g m e n t s / e x c h a n g e s a n d t h e r e i s n o obligation/debit balance in the account. The account would be settled with the Client before closing the same.
9. Deregistering a Client's Account:
CGS-CIMB reserves the right to deregister the client in the event of
1. Where the client is inactive for more than 12 consecutive months
2. Where the client has not cleared the naked or uncovered debits which are more than 7 days old
3. Where the account is under investigation by any regulatory body
4. Internal surveillance reports on client dealings and transactions
5. Contract Notes (Physical and /or Electronic) if received back undelivered on a periodic basis
6. Client lodges a complaint either directly or through Exchanges regarding unauthorized trades being executed in the account
7. On notices being received from Statutory, Government or local authorities and income tax/ser- vice tax, judicial
or quasi judicial authorities
8. Where a client is reported to or known to have expired
CGS-CIMB may carry a periodic review of the client accounts and may suspend the accounts from Trading in any of the following circumstances, but not limited to the same -
1. any breach of the agreed terms & conditions
2. violation of any Rules, Bye-Laws, Regulations of SEBI or the Stock Exchange or of the provisions of any law for the time being in force governing dealings in the securities market without prior notice
3. on the directions of SEBI / the Exchanges.
4. Upon death, winding up, bankruptcy, liquidation or client is designated as a defaulter by any credit rating agency or any action or proceedings have been initiated by the relevant Regulator/ Authority including without limitation SEBI
5. The client fails to fulfil his payment obligation due to the Stock Broker.
6. The client has misrepresented facts at the time of opening trading account or at the time of giving instruction or otherwise.
10. Policy regarding treatment of Inactive Clients:
The clients who have been not traded for last more than 365 days will be marked as "Inactive Ac- count". For reactivating the account, the Client has to request in writing or email to CGS-CIMB and on receipt of such request for reactivation, account will be reactivated subject to compliance with prevailing KYC norms.
All rights, liabilities and obligations of the parties arising out of or in respect of transactions entered into prior to deregistration of the Client shall continue to subsist and vest in / be binding on the respective parties or his/her/its respective heirs, executors, administrators, legal representatives or successors, as the case may be.
Client Acceptance of policies and procedures stated hereinabove:
I/We have fully understood the same and do hereby sign the same and agree not to call into question the validity, enforceability and applicability of any provision/clauses this document any circumstances what- soever. These policies and procedures may be amended or changed unilaterally by the broker, the changes informed to me/us with through anyone or more means or method. These policies and procedures shall read along with the other terms & conditions and shall be compulsorily referred to while deciding any dispute or difference claim between me/us and stockbroker before any court of law / judicial / adjudicat- ing authority including arbitrator / mediator, etc.
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PREVENTION OF MONEY LAUNDERING POLICY (PMLA)
Money Laundering in India
With the growing financial sector, India is vulnerable to money laundering activities. Some common sources of illegal proceeds in India are narcotics trafficking, illegal trade in gems, smuggling, corruption and income tax evasion. Large portions of illegal proceeds are laundered through the alternative remittance system called “hawala”. Under this system, individuals transfer funds from one country to another or from one state to another, often without the actual movement of currency.
Prevention of Money Laundering Act, 2002(PMLA)
To combat money-laundering activities, the Government of India enacted the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the “Act”) on January 17, 2003.
Securities and Exchange Board of India (hereinafter referred to as SEBI) vide its Circular Ref No.: ISD/CIR/RR/AML/1/06 dated January 18, 2006 laid down broad guidelines on Anti Money Laundering Standards. As per the Circular, all the intermediaries registered with SEBI under Section 12 of the SEBI Act were advised to ensure that a proper policy framework on anti-money laundering measures was put in place. This was essentially in conformity with the Prevention of Money Laundering Act, 2002 and the Rules framed there under by SEBI.
The basic objective of PMLA is three fold, viz.:
• To prevent, combat and control money laundering.
• To confiscate and seize the property obtained from the laundered money.
• To deal with any other issue connected with money laundering in India.
Policy on PMLA at CGS-CIMB:
CGS-CIMB has framed a stringent policy with respect to the PMLA wherein adequate checks are made at the time of acquisition of clients as well as monitoring of day to day transactions of clients.
As a part of our endeavor to comply with the provisions of PMLA we classify the clients into three categories i.e. high, medium and low based on the certain parameters. We have appended a Client suitability sheet which enables us to classify the clients which inturn would be beneficial for better monitoring of the transactions in your account.
Further, the copy of the policy is available with the company. The same can be obtained by a client at any time from the person dealing with him.
This Space is Intentionally kept Blank
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Notes:
1 CGS-CIMB Securities (India) Private Limited (Company) reserves the right to revise the fees / charges with the prior notice to customers. On receipt of the consent of the customer, such charges shall be effective.
2 Minimum brokerage amount per share shall be levied as below: (For anything below this, please take written approval)
Delivery : 0.05 Futures : 0.01
3. All other statutory, regulatory and contractual charges including STT, Stamp duty, Service Tax, SEBI fees, Exchange Turnover charges as applicable.
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RM Code :__________________
Other Charges
Sr. No. Particulars Charges
Exchange Pay in for customers from collateral account or Inter settlement security transfers
Cheque bounce charges
Duplicate statements (printed statements to be couriered)
Contract Note Charges (Additional physical copy)
Delivery Handling charges (Additional Physical Copy)
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10/- per transaction*
500/- per presentment*
100/- per request*
50/- per contract*
As applicable from time to time
1
2
3
4
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SCHEDULE OF FEES / COMMISSION / CHARGES
Brokerage Charged by CGS-CIMB Securities (India) Private Limited
Cash Segment
Slab % MinimumBrokerage Name
Delivery Based
Daily Square Up
First Leg Second Leg Second LegFirst Leg
Not Applicable Not Applicable
Derivative Segment Futures
Futures % Minimum
First Leg Second Leg First Leg Second Leg
Same as above Same as above
Not ApplicableNot Applicable
Brokerage Slab
Daily Square Up
Settlement Up
Expiry
BTST
Derivative Segment Options
Options per lot Minimum
First Leg Second Leg First Leg Second Leg
Same as above Same as above
Brokerage Slab
Daily Square Up
Settlement Square Up
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NON-MANDATORY
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VOLUNTARY TERMS AND CONDITIONS APPLICABLE TO THE CLIENT FOR AVAILING SECURITIES TRADING SERVICES FROM CGS-CIMB Securities (India) Private Limited
I,(hereinafter referred to as "Client") have got myself registered with the MEMBER for trading in Securities/Derivatives segment of the exchange(s). In pursuance thereof, I, voluntarily and unconditionally hereby state and declare that I/We have read and understood the terms and conditions mentioned hereinafter governing securities trading and broking services of MEMBER i.e. CGS-CIMB Securities (India) Private Limited and agree to be bound by the same. I/We hereby agree and confirm that these terms and conditions shall be applicable in case of shall include the other terms and conditions as received by me.
1. DEFINITION
(a) “Terms & Conditions” or “the Terms & Conditions” or “these Terms & Conditions” shall mean these Voluntary Terms and Conditions together with the recitals and the Annexures attached hereto, and the individual contracts, certificates, disclosures and other documents executed and delivered or to be executed and delivered pursuant hereto, if any.
(b) "Securities" shall have the same meaning as assigned thereto under Section 2(h), of the Securities Contracts (Regulation) Act, 1956 and shall include but is not limited to any securities, derivatives and other instruments which are tradable on any of the stock exchanges as well as such units of Unit Trust of India, and /or other mutual funds (whether listed or unlisted), RBI bonds ,government securities, debt instruments, negotiable instruments, unlisted securities, certificates of deposit, participation certificates, commercial paper, money market instruments and investments as may be specified by the MEMBER from time to time;
(c) “Clearing House” shall mean the clearing corporation or clearing house of an Exchange to clear and settle trades in Securities;
(d) “CDSL” shall mean the Central Depository Services (India) Limited;
(e) "Exchange" shall mean and include any Stock Exchanges as registered with Securities Exchange Board of India;
(f) “Risk Disclosure Document” shall mean the document provided by the MEMBER to the Client detailing the risks associated with dealing in Securities;
(g) "SEBI" shall mean Securities and Exchange Board of India;
(h) “Communication Documents" means and includes but is not limited to copy of KYC documents, contract notes, bills, quarterly statements or any other letter / information / document sent to Client from time to time
2. GENERAL TERMS AND CONDITIONS GOVERNING THE SERVICE
(a) COMPLIANCE WITH LAWS
(I) All transactions that are carried out by and on behalf of the Client shall always be subject to Government notifications, any rules, regulations, guidelines and circulars issued by SEBI and Rules, Regulations and Bye laws of the Exchanges that may be in force from time to time, and their Clearing Houses, if any, on which such transactions are executed and / or cleared by the MEMBER that may be in force from time to time, the Reserve Bank of India and the NSDL and CDSL, the Securities Contracts Regulation Act and the rules made there under, and any other applicable statutory provisions and / rules or regulations. The MEMBER is under no obligation to inform the Client of changes in these rules, regulations or Guidelines.
The Client hereby represents and warrants to the MEMBER that he/she/it has not been disqualified or disabled from trading or dealing in Securities in any manner whatsoever.
(ii) In case where the Client is a Non resident Indian, he agrees to abide by Foreign Exchange Management Act, 1999 and rules and regulations issued thereunder from time to time and such other applicable rules and regulations prescribed by the Reserve Bank of India from time to time.
(iii) The Client hereby authorises the MEMBER to take all such steps on the Client's behalf as may be required or advisable in the MEMBER's opinion for compliance with the rules or bye laws of the Exchanges and/or any other provisions of applicable law or to complete or settle any transactions entered into through or with the MEMBER or executed by the MEMBER on behalf of the Client. However, nothing contained herein shall oblige the MEMBER to take such steps in the absence of any instructions from the Client.
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(iv) In addition to the specific rights set out hereunder, the Client confirms and agrees that the MEMBER and the Client shall be entitled to exercise any other rights which the MEMBER or the Client may have under the Rules, Bye Laws and Regulations of the Exchange and circulars issued there under or Rules and Regulations of SEBI.
(v) Unless otherwise agreed in writing by the MEMBER, Client agrees and confirms that the MEMBER and the Client shall in no circumstances be considered as persons acting in concert or as persons co-operating with each other (directly or indirectly) or as persons having a common objective or purpose of substantial acquisition of shares or voting rights or gaining control over any Company, whose shares are purchased by the MEMBER for and on behalf of and on account of the Client.
(vi) The Client understands, agrees and confirms to provide copies of Annual Accounts, Returns or any other document that maybe asked for by the MEMBER to comply with Prevention of Money Laundering Act, 2002, as amended from time to time. If the Client fails to provide the documents, as may be required by the MEMBER, the MEMBER reserves the right to terminate the agreement forthwith.
(vii)The Client hereby agrees that the services and responsibilities of the MEMBER pursuant to these Terms & Conditions, are limited to the Exchange and the market segment in which the Client wishes to deal in and has been indicated by the Client in the Know Your Client documents submitted by the Client to the MEMBER at the time of the execution of this Agreement.
(b) ACTING AS A SUB BROKER OR AUTHORISED PERSONThe Client agrees not to act as a SubBroker or Authorised Person without prior written permission of the MEMBER and without registering itself with SEBI/Stock Exchange. Client hereby confirms that he / she / they is / are not member of any Stock Exchange. In the event, they obtain membership of any Stock Exchange, they will inform the MEMBER forthwith.
( c)DISCLAIMERThe Client agrees that all investments and disinvestment decisions are based on the Client'S own evaluation of financial circumstances and investment objectives. This extends to any decision made by the Client on the basis of any information that may be made available by the MEMBER / Sub-Broker / Authorised person through any media. The Client will neither hold, nor seek to hold the MEMBER / Sub-Broker/Authorised person , as the case may be, or any of its officers, directors, employees,
agents, subsidiaries, affiliates or business associates liable for any trading losses, costs or damage incurred by the Client consequent upon relying on investment information, research opinion or advice or any other material / information provided by the MEMBER/ Sub-Broker/Authorized person, as the case may be. The Client is aware that any information provided by the MEMBER through any medium based on the research of the MEMBER or other external sources is subject to normal variations in the stock market and is merely an estimation of the availability or otherwise of certain investments, and the MEMBER shall not be responsible for nor deemed to have assumed responsibility for any such information. The Client should seek independent professional advice regarding the suitability of any investment decision before acting on such reports and MEMBER shall not be liable under any circumstances for any losses, costs, charges, expenses incurred/suffered by the Client based on such reports.
(d) DEMATERIALISED SECURITIESAll orders made by the Client shall only be in Securities compulsorily traded in the dematerialized form. All deliveries of Securities made by or to the Client shall only be in the dematerialized form.
(e) AUTHORISED REPRESENTATIVEThe Client confirms, undertakes and agrees to inform to the MEMBER in writing any change in the name of authorized representative, failing which the Client shall be responsible for the trade obligations arising out of the actions of both the old representative as well as the new representative.
3. PLACING OF ORDERSThe Client hereby requests the MEMBER to, from time to time, rely upon and act in accordance with any directions, Instructions and / or other communication given by the Client or person(s) authorised by the Client to act on the Client’s behalf via telephone / Fax / email / through internet (in case of Clients registered for internet trading)for availing the various services offered by the MEMBER pursuant to the Agreement. The Client declares and confirms that the Client has, for the Client’s convenience and after being fully aware of and having duly considered the risks involved (which risks shall be borne fully by the Client) requested and authorized the MEMBER to rely upon and act on such instructions. The Client further acknowledges that the MEMBER shall have a right to record the instructions received from the Client or the authorized persons of the Client over telephone.
The Client further declares and confirms that the Client is
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aware that the MEMBER is agreeing to act on the basis of instructions only by reason of/ relying upon the Client agreeing, confirming, declaring and indemnifying MEMBER at all times, from and against, all actions, suits, proceedings, costs, claims, demands, charges, expenses, losses and liabilities howsoever arising in consequence of or in any way related to MEMBER having acted or omitted to act in accordance with and/or pursuant to any such Instructions.
4. EXECUTION OF ORDERS
(a) The Client confirms and agrees that placing an order with the MEMBER including a market order, does not guarantee execution of the order. The MEMBER has the absolute right to reject any order that may be made by the Client for any reason whatsoever including for the breach of the requirement of maintaining the prescribed Margin in the Client account or the Bank account.
(b) The Client agrees that if, under any circumstances or for any reason, the market closes before the acceptance of the order by the Exchange, the order may be rejected. The Client agrees further, that the MEMBER may reject orders if the same are rejected by the Exchange for any reason. In case of rejection of an order due to rejection by the Exchange, the Client agrees that the order shall remain declined and shall not be reprocessed, in any event.
(c) The MEMBER may, at its sole discretion, reject any order placed on the website through phone, or in any other manner for any reason including, but not limited to, the non availability of funds in the trading account of the Client, non availability of the Securities in the Demat account of the Client with the designated Depository Participant, insufficiency of margin amount if the Client opts for Intra-Day margin trading, suspension of scrip for trading activities by or on the Exchange, or applicability of circuit breaker to a scrip in which orders are placed or insufficient bids or offers in any particular security. The Client further understands and agrees that MEMBER shall have right to reject the orders placed by the Client and/or put circuit breakers to discourage trades getting executed at unrealistic prices from the current market price of the security or prohibit the Client from trading in illiquid securities which creates artificial liquidity or manipulates prices or to discourage Client from cross/ synchronised trading and MEMBER shall not be liable for any loss arising out of non acceptance or rejection of the Client orders by the MEMBER for any such reason if the Client fails to give sufficient reason for placing such orders.
(d) The Client is aware that the Electronic Trading System
either at the Exchange or in the MEMBER'S office is vulnerable to disruptions, fluctuations breakdown or failures. In the event of non-execution of trade orders or trade cancellation due to the happening of such events or vulnerabilities due to failure / disruption / breakdown of system or link, the Client may not be able to execute the desired transactions. In such an event the MEMBER does not accept responsibility for the losses, costs, expenses or damages that may be incurred by the Client due to such eventualities.
5. CANCELLATION OR MODIFICATION OF ORDERSThe Client confirms and agrees that:
(a) The execution of order cancellations or modifications is not guaranteed. Cancellation of orders is possible only if the original order remains pending at the Exchanges. Market orders are subject to immediate execution. The Client shall not presume that an order once placed has been executed or cancelled or modified and the Client is required to verify the status of his/its orders with the trade confirmations by the MEMBER.
(b) Unless otherwise specified by the MEMBER, any order not executed at the end of the day shall stand cancelled
(c) At times, due to unforeseen circumstances the MEMBER may not be able to execute the desired transactions (either the ClientS own transactions or transactions for enforcing margins as provided in this agreement) on a timely basis. The MEMBER does not accept responsibility for any losses that the Client may incur on such eventualities beyond the control of the MEMBER
(d) The MEMBER shall have right to reject any order based on its risk perceptions.
6. CORPORATE BENEFITS; SETTLEMENT CYCLES The Client accepts responsibility of knowing the status of all corporate benefits like rights and bonus issues, dividends and stock splits of shares that he/it intends to trade or which are held in his/its account. The Client accepts responsibility for knowing the correct ISIN Numbers of the shares in his/her/its account and the eligibility of the shares to meet share pay in obligations to the Exchange/Clearing Corporation whether received by way of purchase, rights, bonuses, stock split, off market transfers or otherwise
For the Clients having outstanding obligations on the settlement date the MEMBER may retain the requisite securities/funds towards such obligations and may also retain the funds expected to be required to meet margin
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obligations for next 5 trading days, calculated in the manner specified by the relevant exchanges.
The actual settlement of funds and securities shall be done by the MEMBER, at least once in a calendar quarter or month, depending on the preference of the Client. While settling the account, the MEMBER shall send to the Client a ‘statement of accounts’ containing an extract from the Client ledger for funds and an extract from the register of securities displaying all receipts/deliveries of funds/securities. The statement shall also explain the retention of funds/securities and the details of the pledge, if any.
7. OTHER CHARGES In addition to the Brokerage charges, the Client agrees and confirms that the MEMBER shall have right to debit the following charges to the account of the Client
(i) Account set up Charges(ii) Documentation Charges(iii) All statutory levies such as STT, Stamp duty, exchange
turnover tax, GST, SEBI fee or any other levy of this nature.
(iv) Bank Charges for clearance of cheque.(v) Charges for availing research reports.(vi) Charges of availing facility for mobile broking, sms
facility.(vii) Inter settlement charges(viii) Auction charges(ix) Penalties levied by the exchange for Client limit
violations(x) Charges for dishonor of cheque(s) given by the Client(xi) Any other charges for other services/facilities
availed by the Client and communicated by the MEMBER to the Client, from time to time.
8. DELAYED REPORTING OF TRANSACTIONS:The Client confirms and agrees that:(a) If trades or transactions are reported late to the
MEMBER on account of any problems at the Exchange or for whatsoever reason, the Client in turn will be subject to late reporting of transactions.
(b) In addition, any errors reported to the Client for any reason whatsoever will stand subsequently corrected to reflect the transaction that was effected in the market.
9. PAYOUT OF SECURITIES/FUNDS .(a) In order to facilitate operations, the Client authorises
the MEMBER to maintain a running account with the MEMBER, instead of settlement- to-settlement clearance of funds/securities due to the Client. The pay out of funds/securities may be retained by the MEMBER and no interest shall be payable by the MEMBER on such securities/funds so retained. The
Client agrees that the MEMBER shall not be liable for any claim for loss or profit, or for any consequential, incidental, special or exemplary damages, caused by retention of such securities / funds under this agreement or otherwise. On written request of the Client the MEMBER may release the funds / securities to him, if sufficient margins in respect of his trading, across the stock exchange(s) and across the segment of the stock exchange(s) are available with the MEMBER. The Client may revoke the authority granted to the MEMBER for maintaining a running account, in which case the MEMBER shall settle all clearances as per the applicable law. The MEMBER shall settle the running account as per the timelines agreed with the Client, subject to applicable law.
(b) The Client confirms and agrees that in case of purchase of securities by the Client, at times the MEMBER may be unable to deliver the securities to the said purchaser on the pay out day due to non receipt of the securities from the stock exchange(s) or in case on non receipt of the said securities from another Client of the MEMBER who has sold the securities against the said purchase transaction. In cases of such short delivery, the securities shall be delivered to the purchaser as per the policy of the Company as amended from time to time.
(c) The Client understands and undertakes that he will give the funds and securities from his own bank and demat account respectively to honour pay-in obligations.
(d) The Client understands that if the Client trades in the shares which are in Trade to Trade category of the respective exchanges, then the Client shall give the delivery of shares sold and would pay for the shares bought. This means there would not be any netting of the shares bought and shares sold even in the same settlement.
(e) At all times, the Client agrees to make the payment of funds only in the name the MEMBER titled "CGS-CIMB Securities (India) Private Limited" vide account payee cheque from his/her own account, with details of the Client code and the name of the Client mentioned on the reverse of the instrument.
(f) At all times, the Client agrees to transfer the securities only to the designated depository accounts of the MEMBER.
(g) The Client agrees that the MEMBER shall not be responsible for any loss, damages in respect of any
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funds / securities which are deposited / transferred to any account other than that of the MEMBERS designated account under this Agreement.
(h) In the event of Client's account receiving an incorrect credit/debit by reason of a mistake, the MEMBER shall be entitled to reverse such incorrect credit/debit at any time whatsoever. The Client shall be liable and continue to remain liable to the MEMBER for any incorrect gain obtained as a result of the same and the MEMBER reserves the right to take such remedial measures against the Client for recovery of the erroneous credit.
10. RIGHT OF LIEN/ SET OFF(a) The Client confirms, agrees and authorizes the
MEMBER to set off credit balances of securities and/or funds, receivables, margins of the Client lying with the MEMBER or have lien on such credit balances/ securities, margins, receivables, in or from the accounts of the Client in any of the segments or exchanges where the Client is registered with the MEMBER, against the debit balances of securities and / or funds and receivables in one or more of the accounts of the Client in any of the said segments or exchanges, by way of appropriation of the relevant amount of cash or by sale or transfer of all or some of the securities, and/or any credit in any said accounts of the Client
(b) The Client agrees that all securities and monies belonging to the Client which are under the control or possession of the MEMBER shall be subject to a general lien and / or set off, for discharge of any obligation or indebtedness of the Client to the MEMBER including but not limited to the brokerage/charges as stated in clause 9(c) above. . In enforcing the lien and / or the right to set off, the MEMBER shall have the sole discretion of determining the manner in which the securities or assets are to be appropriated / liquidated. The provisions of this clause shall apply notwithstanding any other agreement to the contrary between the Client and the MEMBER.
11. MEMBER CLIENT COMMUNICATION(a) The Client confirms and agrees that the
Communication Documents which may be sent by electronic delivery between the parties may be in the form of an electronic mail (including any auto replies from the system of the MEMBER), an electronic mail attachment, or in the form of an available download from the web site. The MEMBER shall be deemed to have fulfilled any legal obligation to deliver to the Client any such document if sent via electronic
delivery, provided however that the notice of termination specified in the Terms herein, shall be in writing.
(b) Electronic Communication of Documents:
(i) The Client confirms, agrees and authorizes the MEMBER to send the contract note/trade confirmations of the trades executed, bills and account statements or such other data relating to his trading account with the MEMBER and also authorises Depository Participant to send all bills and/or transactions statements, communication and information through electronic mail to his/her/its email address as intimated by the Client to the Member. The CLIENT agrees that the MEMBER fulfils its legal obligation to deliver to the CLIENT any such document if sent via electronic delivery. The Client agrees that the log report generated by the system at the time of sending of the contract notes or other documents shall be treated as the acknowledgement and confirmation of receipt of contract notes and such other documents by the Client. The CLIENT understands that it is his/ her/its responsibility to review, upon first receipt, whether delivered to Client by mail, by e-mail (including any auto replies from the system of the MEMBER), or other electronic means, all confirmations, statements, notices, contracts, bills and other communications. All information contained therein shall be binding upon the CLIENT, if the CLIENT does not object, either in writing or via electronic mail, within reasonable time after any such document is sent to the CLIENT. In all cases, the MEMBER reserves the right to determine the validity of the CLIENT'S objection to the transaction. The MEMBER, may on request by the Client and at such additional cost to the CLIENT, send hard copies of the contract notes or such other documents. Further non-receipt of bounced mail notification by the MEMBER shall amount to delivery of contract note at the Email ID of the Client
(ii) The MEMBER may at any time amend the margin requirements and the list of approved securities accepted as margin. The Member shall not be required to communicate such notification individually to the Client.
The Member may at any time amend the Terms & Conditions by modifying or rescinding any of the existing provisions or conditions or by adding any new provision or condition with prior notice to the customer either through physical or electronic form.
Signature of the Client
S23F
Name49
The continued use of the services of the MEMBER after such notice will constitute acknowledgement and acceptance of such amendment. These terms (as amended or modified from time to time) represent the entire agreement between the Client and the MEMBER concerning the subject matter hereof.
(c) Change of AddressUnless the Client informs the MEMBER of the change of the address for communication, electronic or otherwise, in writing, all notices, circulars, communication or mail sent to the existing address shall be deemed to have been properly delivered and received by the Client irrespective of whether they are actually received or not.
The Client undertakes and agrees to inform the MEMBER of the change in the designated email address in writing.
12. MEMBER'S LIABILITYUnder no circumstances shall the MEMBER or anyone involved in creating, producing, delivering or managing the MEMBER'S Services, pursuant to this Agreement, be liable for any direct, indirect, incidental, special or consequential damages, loss caused to the Client, including loss of profits that result from the use of or inability to use the service, delay in transmission of any communication, in each case for any reason whatsoever (including on account of breakdown in systems) or out of any breach of any warranty or due to any fraud committed by any third party or any act beyond the control of the MEMBER. CGS-CIMB shall not be liable / responsible for any statement received from frauds / imposters or for any consequences thereof.
13. RESERVE BANK OF INDIA GUIDELINESThe Client being an FII/NRI/PIO/FN, hereby acknowledges that he is aware of the RBI guidelines in relation to his investments in the secondary market in India. The Client hereby agrees to keep himself abreast of the ceiling limits on investments as published by RBI from time to time and also agrees that he shall immediately reverse his transaction immediately, the Client authorizes the MEMBER to do so under instructions of the Client.
14. MISCELLANEOUS PROVISIONS GOVERNING THE
TERMS:
(a) LIMITATION OF LIABILITY:The MEMBER shall not be liable for any inaccuracy, error or delay in, or omissions of, 1) any such data, information or messages, or 2) the transmission or delivery of any such data, information or messages, due either to any act or omission by the MEMBER or
to any "Force Majeure" event (e.g. flood, extraordinary weather condition, earthquake or other any act of God, fire war, insurrection, riot, labour dispute, accident action of government communication power failure, shut down of the systems for any reason (including on account of computer viruses), equipment or software malfunction); any fraud committed by any person whether in the employment of the MEMBER or otherwise or any cause within or beyond the reasonable control of the MEMBER 3) cancellation or non execution of the order placed by the Client with the MEMBER.
(b) REPRESENTATIONS AND WARRANTIES OF CLIENTS
(i) The Client hereby represents and warrants that these Terms & Conditions have been clearly understood and that the information furnished to the MEMBER is complete, accurate and truthful.
(ii) The Client confirms that he/she is of legal age and he/she/it has obtained the necessary approvals from the relevant regulatory/ legal and compliance authorities to avail the services provided pursuant to the terms of this Agreement.
(iii) The Client has read and understood the Risk Disclosure Document, Rights & Obligations, Guidance note and the Policy and Procedures of the MEMBER;
(iv) The details provided by the Client in the Know Your Client documents and such other ancillary documents submitted to the MEMBER are true and accurate. The Client undertakes to inform the MEMBER of any change in the information or details furnished by the Client to the MEMBER.
(c) SHARING OF INFORMATION:The Client agrees and confirms that the MEMBER may appoint agents / representatives, service providers etc. for carrying out the acts mentioned in or in relation to these Terms & Conditions. The Client understands that MEMBER may need to share the Client information with such agents / representatives, service providers, etc. The Client shall have no objection to MEMBER sharing of his / its account related information / documents / data to such agents / representatives, service providers or to business associates, affiliates, group companies of the MEMBER for the purpose of carrying out or facilitating acts mentioned in or acts ancillary to or in relation to these Terms & Conditions.
(d) RECORDING OF CONVERSATION
Signature of the Client
S24F
Name50
The Client is aware that the MEMBER may record the conversations between the Client / Client'S representative and the MEMBER, either personally or over the telephone, and hereby specifically permits the MEMBER to do so. Such recordings may be relied upon by the MEMBER as and when required to resolve disputes in connection with the trading transactions.
(e) CONCLUSIVENESS OF RECORDS
The MEMBER'S own records of the trades / transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding on the Client for all purposes.
(f) The Client has the option to terminate this Agreement by giving a notice in writing of not less than 30 days, provided however, the position of the Client is settled and their are no outstanding position in the Account of the Client maintained by the MEMBER. The Client further understands and confirms that the MEMBER reserves the right to withdraw all the services being provided to the Client.
(g) INDEMNITY
(i) The Client agrees and confirms that though orders are generally routed to the marketplace immediately after the time the order is placed by the Client on the system there may be a delay in the execution of the order due to any link/system failure at the CLIENT/MEMBER/Exchange's end. The Client hereby specifically indemnifies and holds the MEMBER harmless from any and all claims, arising from such delay and agrees that the MEMBER shall not be liable for any loss, direct or indirect, actual or perceived, caused directly or indirectly by government restriction, exchange or market regulation, suspension of trading, war, strike, equipment failure, communication line failure, system failure, security failure on the Internet, shut down of systems for any reason (including on account of computer viruses), unauthorised access, theft, any fraud committed by any person whether in the employment of the MEMBER or otherwise or any problem, technological or otherwise, that may disrupt contact between the Client and the MEMBER.
(ii) The Client further confirms and agrees that Client will not be compensated by the MEMBER for any "lost opportunity' viz. notional profits on buy/sell
orders which could not be executed due to any reason whatsoever, including but not limited due to time lag in the execution of the order or the speed at which the system of the MEMBER or of the Exchanges is operating, any shutting down by the MEMBER of his/her/its system for any reason or the MEMBER disabling the Client from trading on its system for any reason whatsoever.
(h) ASSIGNMENT
The Client confirms and agrees that Client shall not assign or transfer all or any of its rights, obligations and / or benefit under these Terms & Conditions without the full and final settlement of its account with the MEMBER and without the prior consent of MEMBER. The MEMBER shall be entitled to assign its rights, obligations and / or benefits under these Terms & Conditions to any successor entities, affiliate entities in its absolute discretion, with notice thereof to the Client.
(I) SEVERABILITY:
The Client confirms and agrees that in case anyone or more of the terms and conditions confirmed by the Client becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions contained herein shall not in anyway be affected or impaired thereto.
15. ADDRESS FOR COMPLAINT / INVESTOR GRIEVANCES AND COMMUNICATION:
The Client understands and confirms to send allthe Complainants and queries in case of any grievance or complaint arising out of and in the course of trading in securities, on the email address at [email protected]. Alternatively the Client shall send the written complaint marked to CGS-CIMB Securities (India) Private Limited, B-1203, The Capital, Bandra Kurla Complex, Mumbai - 400 051.
All notices or communications other than above and excluding instructions to carry out trades, shall be sent in any one or more or all of the following ways
(a) by post(b) by registered post(c) by express delivery post(d) by telegram(e) by affixing it on the door at the last known business or
residential address(f) by communication to the party on the last known
Signature of the Client
S25F
Name
51
telephone number or on the recorded machine of such number.
(g) By advertising it in atleast one prominent daily news paper having circulation in the area where the last known business or residential address of the Respondent is situated.
(h) by sending a email to the Client on the email address by the MEMBER.
(i) by electronic mail or sending a message through trading system
(j) by sending an SMS to the last registered mobile number of the Client
16. JURISDICTION(a) The MEMBER and the Client declare and agree that
the transactions executed on the Exchange are subject to the Rules, Byelaws and Regulations and circulars issued thereunder of the Exchange and all parties to such trade shall have submitted to the jurisdiction of such court as may be specified by the Bye laws and regulations of the Exchange for the purpose of giving effect to the provisions of the Rules, Byelaws and Regulations of the Exchange and the circulars issued thereunder.
(b) The MEMBER here by agrees that it shall ensure faster settlement of any arbitration proceedings arising out of the transactions entered into between the MEMBER and the Client and that it shall be liable to implement the arbitration awards made in such proceedings.
(c) This service does not constitute an offer to sell or a solicitation of an offer to buy any shares, securities or other instruments to any person in any jurisdiction where it is unlawful to make such an offer or solicitation. This service is not intended to be any form of an investment advertisement, investment advice or investment information and has not been registered under any securities law of any foreign jurisdiction and is only for the information of any person in any jurisdiction where it may be lawful to offer such a service.
17.PROPRIETARY TRADING:The Client confirms and acknowledge that the MEMBER may undertake Proprietary trading in addition to Client based trading.
18.RESEARCH/TRADING RECOMMENDATION:
Client understands that the MEMBER carries out fundamental and trading research/ notes/ trading calls / technical calls, particularly on companies, industry, stock markets, commodity markets and economy from time to time (collectively hereinafter referred to as "material"). Client may request the MEMBER to provide such material through email or by access to the website of the
MEMBER or through SMS or any other mode on a voluntary basis by paying charges specified by the MEMBER which shall be levied and debited to the Ledger Account of the Client maintained by the MEMBER from time to time.
Client understands and agrees that by agreeing to receive such material, Client is aware that said material is only for personal information of the Client and that the same shall not be reproduced or redistributed to any other person. Further Client understands and confirms that said material is not an offer or the solicitation of an offer to buy any security and by sending this material on request. MEMBER or any of its officers, directors, personnel and employees shall not be liable for any loss, damage of any nature, including but not limited to direct, indirect, punitive, special, exemplary, consequential, as also any loss or profit in any way arising from the use of this material in any manner. Client is aware that the investments discussed in the said material may not be suitable for all investors. Client shall, therefore, before dealing and/or transacting in any of the products referred to in the said material, make own investigation, seek appropriate professional advice. Client shall be solely responsible/liable for all decisions on investments /disinvestments taken by him/her/it on the basis of the said material. The Client further acknowledges that such material will be subject to the risks disclosed in the Risk Disclosure Document.
Client understands, confirms and agree that MEMBER may discontinue providing such material and that MEMBER shall have no responsibility to update any information provided to the Client nor does MEMBER represents that the information provided in the said material is complete. Further by providing such material MEMBER is not acting as a portfolio or financial adviser nor does MEMBER assumes any fiduciary duties.
19. INDEMNITY
Client shall indemnify and keep indemnified and hold harmless the MEMBER, its directors, officers, employees, agents and representatives fully and completely at all times from and against any and all claims, demands, actions, proceedings, damages, costs, expenses, losses and all other liabilities whatsoever including reasonable legal costs which the MEMBER or any of its directors, officers, employees, agents and representatives may suffer, incur or sustain in connection with the “Client account” with the MEMBER (the “Account”) or any transaction relating thereto or as a consequence of any failure by Client to perform or observe any of its obligations under this Agreement or in
52
Signature of the Client
S26F
Name
connection with any transaction or the performance by the MEMBER of any of its obligations under or in connection with this Agreement or the exercising of any of the MEMBER's rights, powers and remedies under or in connection with this Agreement, the Orders or execution of the Orders of Client or any act or omission on Client’s part including deficit balances and unrealised losses in the Account save where such losses, liabilities and expenses were caused by gross negligence, fraud or wilful default on part of the MEMBER.
20.Disclosure of Information
20.1
(a) to any current or future Affiliate, or entity currently or which in the future may be associated with the MEMBER, including representative and branch offices, and their respective authorised representatives (including but not limited to its directors, employees and agents) (“Authorised Parties”);
(b) to the auditors, legal advisors and other professional advisors of the MEMBER and the Authorised Parties;
(c )to any person or organisation participating in the provision of electronic or, without limitation, other services in connection with services utilised by the Client, whether in India or elsewhere for the purpose of the operation of the Account including but not limited to investigating discrepancies or claims;
(d) to any third party printer, agent or storage or archival service provided (including but not limited to any provider of microfilm service or any electronic storage, archival or recording facility) for the purpose of making, printing, mailing, storing, microfilming and/or filing personalised statements of accounts, labels, mailers or any other document or items on which the Client's name and/or other particular appears, or any data or record of any document whatsoever;
(e) to the police or any other public officer or any representative of any governmental or regulatory body conducting an investigation in connection with any offence;
(f) to any Exchange, government or regulatory body or governmental (including quasigovernmental) authority or tribunal or courts of India or other jurisdictions, including the jurisdictions in which the Client has traded or where any of the MEMBER’s overseas business operations are situated;
(g) to any person to whom disclosure is required or permitted to be made pursuant to due legal process, any
The Client hereby expressly authorizes and permits the MEMBER and each of its authorized representatives (including but not limited to its officers, employees and agents) to divulge, reveal or disclose any or all of the particulars of the Client's Account and any personal information or sensitive personal information of the Client and information relating to any transaction or dealings between the Client and the MEMBER:
.
applicable laws or rules or regulations or any order of court;
(h) to any of the Authorised Parties for risk management purposes, for monitoring credit exposure of the MEMBER or any group in which the MEMBER or any of its Affiliates is a member thereof (the “the MEMBER Group”), for purposes of centralisation of operations within the MEMBER or the the MEMBER Group, for purposes in connection with business planning, restructuring and strategy and for the purpose of promoting, marketing or cross-selling of financial products and services to the Client;
(I) to any credit bureau (including the members of such credit bureau of which the MEMBER is a member), rating agency, insurer, or any other provider of credit protection to the MEMBER and/or any of the Authorised Parties of the client.
(j) to any counter party transacting with the MEMBER or any of the Authorised Parties for the purposes of or in connection with any transaction or services provided by any authorised party.
(k) to any assignee or transferee or prospective assignees or transferees of the MEMBER's credit facilities, business and undertakings or such part thereof;
(I) to any person with whom the MEMBER may enter into (or may potentially enter into) any participation or sub-participation in relation to any transaction or service under, pursuant or otherwise in connection with, these terms and conditions;
(m) to any person or entity participating in the merger/acquisition or proposed merger/acquisition ofthe MEMBER or its holding company with/by another company; and
(n) to any other person or entity at any time:
(1) which the MEMBER or any of its authorised representatives considers appropriate for any purpose in connection with these terms and conditions; or
(2) where such particulars of the Client’s Account was inadvertently divulged, revealed or disclosed to/or accessed by such persons or entities through no wilful default of the MEMBER or i ts author ised representatives.
20.2 The Client hereby authorises the MEMBER to make such enquiries and carry out such credit checks “on the Client and to obtain from any third party (including any credit bureau or credit agency) any and all of the Client's information with such third party as the MEMBER may in its sole and absolute discretion deem fit, and undertake to execute and deliver such document as the MEMBER may require for the purposes of such enquires, credit checks and assessments and the obtaining of such information, including but not limited to, a letter of authorization in such form as the MEMBER may require.
53
Signature of the Client
S27F
Name
I/We have read, understood And agree
Name :
Signature of the Client
For and on behalf of Client
Witness 1)
For CGS-CIMB Securities (India) Private Limited
Signature Name of Authorised signatory
Date :
Place : Mumbai
For and on behalf of CGS-CIMB Securities (India) Pvt. Ltd.
Witness 2)
D D M M Y Y Y Y
S28F
20.3 The Client agrees to provide any information as MEMBER may require and/or as is necessary to verify the Client’s identity and do all things necessary to enable the MEMBER to comply with applicable anti-money laundering and “know your client” laws and regulations. Without prejudice to any provision herein, the Client
the
54
agrees that shall be held harmless against any loss arising as a result of any delay or failure to process any application or transaction if such information and documentation as has been requested by the MEMBER has not been provided by the Client.
the MEMBER
Date :
To,
CGS-CIMB Securities (India) Private Limited
Dear Sir,
I/We, have requested you to open the trading and demat account with
you. I/We have given a following address in the account opening documents which is on the basis of my P.O. Box no. My/us
complete address as on date is as follows:
In case any changes in my/our above mentioned address I/we will intimate to CGS-CIMB Securities( India) Pvt. Ltd.
I/We have complied with, and will continue to comply with, FEMA regulations and other applicable laws.
Thanking You,
Yours truly,
Applicant Signature:
Name of the Client:
603 Platina, G Block, Plot No C 59,
Bandra Kurla Complex,
Mumbai 400 051 INDIA
QFI / NRI DECLARATION
This Space is Intentionally kept Blank
S29F
55
RUNNING ACCOUNT AUTHORIZATION
CGS-CIMB Securities (India) Private Limited Date:
Dear Sir/Madam,
Subject : Running Account Authorization
Ref : My UCC Code : Name :
Due to operational convenience and to be in a position to settle my/our trades within the Exchange specified Settlement Schedule. I/We request you to offer the facility of maintaining the running account with you. I/We understand and agree the following:
1) You can retain the funds with you, received as payouts from the Exchange on my/our future transactions or outstanding positions, if any.
2) You can retain the Securities with you, in your margin Account received as Payouts from the Exchanges on my/our behalf. The same can be used towards margin/collaterals for my/our future transactions or against outstanding positions if any.
3) In case of any Sale transactions done by me/us, you can automatically deliver the shares to the Exchange towards Payin of my/our shares if any lying with you on my/our behalf.
4) In case of any purchase transactions done by me/us you can automatically make the funds pay-in to the Exchange out of the credits lying in my/our account on my behalf.
5) In case of any debit balance in my/our Account you can square off my/our Securities held by me/us to the extent of our debit balance without any notice to me/us.
6) You can transfer funds/securities from my/our account in one segment against my obligations in another segment in the same Exchange or different Exchange/s.
7) You can transfer funds/Securities from my/our Account in one segment against collaterals/margins from my/our trade in another segment in the same Exchange or different Exchanges. These funds transfer can be done either by way of a journal entry(JV) or by way of physically exchanging the cheques.
8) I/We confirm that the funds mean monies lying as credit in my/our account or payouts that are to be received from Exchanges arising out of sale of Securities. At the time of actual settlement of funds and securities of my / our account in addition to other permissible retentions, you can retain an amount of upto Rs. 10,000/- (or such amount permissible from time to time as directed by the regulatory authorities) in my/our account towards future obligations / margin requirements.
9) In case I/we require funds or Securities I/We will inform you of the same in writing, after which you can make the payment, transfer the securities to me/us on my/our request.
10) I/We understand and agree that no interest would be paid on my/our credit balance in the running account with CGS-CIMB.
11) I/We will not hold CGS-CIMB responsible for any loss/damage arising out of such transfers and or sale done by CGS-CIMB on my/our behalf, pursuant to these instructions.
12) In case I/We wish to revoke the said running account authorization at any time, I/We shall inform, CGS-CIMB in writing and get it acknowledged by CGS-CIMB.
13) In the event I/WE have any dispute arising from the statement of account received from CGS-CIMB, I/We will bring the same to the notice of CGS-CIMB within 7 trading days from the date of receipt of funds/securities or the statement, as the case may be.
My/Our preference for actual settlement of funds and securities is at least (tick the appropriate choice):
a) Once in a calendar Quarter b) Once in calendar month
(At the time of settling the account as above, in case I/We are having any outstanding obligation, CGS-CIMB may retain the funds to be required to meet margin obligation for the next 5 trading days, calculated in the manner specified by the exchanges)
Thanking You,
Yours faithfully,
Name of Client :
603 Platina, G Block, Plot No C 59,
Bandra Kurla Complex, Mumbai 400 051 INDIA
S30FD D M M Y Y Y Y
(Not applicable for QFI/NRI)
56
Date :
To,CGS-CIMB Securities (India) Private LimitedMumbai
Dear Sir,
Sub : Authorisation for operating the trading account
I/we applied for opening a trading account in the name of ,
I/we would hereby appoint who is my/our
as my/our authorized representative to undertake the following activities in my/our trading account
1. Place orders in my/our trading account
2. Collect payments on my/our behalf issued by CGS-CIMB for the credits lying in my account
3. Receive and acknowledge contract notes
4. Receive and confirm ledger balances
5. Handover cheques from my/our bank account as stated in the Client Registration forms against my/our dues if any.
6. Any instructions pertaining to operating my/our trading account.
I/we accept that, all obligations arising out of the trading account being operated by my/our above mentioned authorized representative would be binding on me/us.
I/we also undertake to indemnify CGS-CIMB for all dues, losses, penalties and incidental expenses relating to and arising out of the transactions executed by in my/our above mentioned trading account.
In case if I/we wish to withdraw this mandate I/we shall inform CGS-CIMB in writing and obtain acknowledgment thereof from CGS-CIMB at least 7 working days from the date of withdrawal.
Yours faithfully,
Client’s Signature Authorised Person’s Signature
Name of Client: Name of Authorised Person:
PAN No.:
Address:
Mobile No:
Email Id:
Encl : 1. PAN Card Copy of Authorised Person
2. Address Proof of the Authorised Person
S31F
AUTHORISATION FOR OPERATING THE TRADING ACCOUNT (Only for Non-Individuals)
(The Client should read the details sated below and can cancel /strike out this option if it does not seek to avail)
(Not applicable for QFI)
57
4158
Terms and Conditions with Respect to Electronic Mode of Service
Applicant Signature:
Name of the Client:
S32F
To,
CGS-CIMB Securities (India) Private Ltd.
I/ We understand that as a Client of CGS-CIMB Securities (India) Private Limited. I/We have an option to receive the contract notes, confirmations, accounts statements and any other correspondence through email, SMS, website, courier or hand delivery.
I/ We would like to (tick whatever applicable) :
Receive the contract notes, confirmations, account statements and any other correspondence from ACPL through email, SMS, website as well as courier/ hand delivery.
Receive contract notes, confirmations, account statements and any other correspondence etc. only through email, SMS or website. No physical delivery of contract notes, confirmations, account state- ments and any other correspondence is required by me. (If you are to choose this option filling at- tached Form is compulsory)
Receive SMS / Email services for fundamental Technical, Intraday and Derivative Research calls.(lf you are to choose this option then please fill the required details)
q
q
q
59
Common Declaration (Non Mandatory)
Applicant Signature:
Name of the Client:
S33F
The Client hereby confirms that the Stock Broker has disclosed that it may undertake Proprietary trading primarily as Investments in addition to Client Based Trading and have read and understood Risk Disclosure Document issued by BSE and NSE. The Client further confirms that they are aware of the Rules and Regulations on Prevention of Money Laundering Act (PMLA), 2002 and that the Client has not violated any of the rules and regulations of the said act and hereby indemnify the Stock Broker from any liability arising from my/our transactions executed with the Stock Broker.
The Client hereby Confirms that he / she himself / herself or none of its directors / partners / trustees / promoter / karta / whole time directors and / or shareholders holding majority stake are/ were debarred from dealing in securities market by any statutory authority including SEBI / NSE / BSE. The Client also confirms that he is not the member of the any Stock Exchanges including NSE / BSE nor he is sub broker or remiser to any other member of the Exchange.
The Client hereby declares that the details furnished in this documents are true and correct to the best of their knowledge and belief and that the Client undertakes to inform the member that any changes therein immediately. In case any of the above information is found to be false or untrue or misleading or misrepresenting we / I as the Client are / am aware that we / I may be held liable for it.
I/we hereby confirm that I am/am not a US person, and that the information provided in this form is true, accurate and complete.
Subject to the applicable local laws, I hereby consent for CGS- CIMB Securities (India) Private Limited, its parent or ultimateholding company or any of its affiliates (including branches) (collectively as “CGS-CIMB”) to share my information with domestic or overseas regulators or tax authorities where necessary to establish my tax liability in any/or the relevant jurisdiction.
Where required by domestic or overseas regulators or tax authorities, I also understand and agree that CGS-CIMB may be required to obtain information updates, additional documents and/or forms, which I will sign, if I am subject to the
relevant jurisdiction’s requirements.
The Member of National Stock Exchange Of India Ltd. (NSE) and The Bombay Stock Ex- change Ltd. (BSE)SEBI Registration Nos (Capital Market & F&O): INZ000209135
BSE StAR MF
Applicant Signature:
Name of the Client:
S34F
To Date:
Sir,
Sub: BSE StAR MF
I/We m/are registered as your client with Client Code No. and agreed the terms & condition for the purpose of trading in the Capital Market segment of Bombay Stock Exchange Ltd. (Exchange).
I/We am/are interested in availing the trading facility of the Exchange for the purpose of dealing in the units of Mutual Funds Schemes permitted to be dealt with on the BSE StAR MF.
For the purpose of availing this facility, I/we state that Know Your Client details as submitted by me/us for the stock broking may be considered for the purpose of BSE StAR MF and I/we further confirm that the details contained in same remain unchanged as on date.
I/We are willing to abide by the terms and conditions as mentioned in the Circular dated December 2, 2009 and as may be specified by the Exchange from time to time in this regard.
I/We shall ensure also compliance with the requirements as may be specified from time to time by Secu- rities and Exchange Board of India and Association of Mutual Funds of India (AMFI).
I/We shall read and understand the contents of the of the Scheme Information Document and Key Infor-mation Memorandum, addenda issued regarding each Mutual Fund Schemes with respect to which I/we choose to subscribe/redeem. I/We further agree to abide by the terms and conditions, rules and regula-tions of the Mutual Fund Schemes.
I/we therefore request you to register me/us as your client for participating in BSE StAR MF.
(Letter to be provided by the Investor to the MFI)
60
Mutual Fund Service System facility (NSE)
Thanking you,
Yours faithfully,
Details of terms & conditions for the Investor / Client for using New MFSS facility
1. Pre-requisites for becoming Investor / Client for the New MFSS facility
1.1. The client who is desirous of investing in units of mutual fund schemes through the New MFSS.
1.2. The Client intends to execute his instruction for the subscription/redemption of units of Mutual Fund Schemes through
the Participant of the New MFSS.
1.3. The client has satisfied itself of the capacity of the Participant to deal in Mutual Fund units and wishes to execute its
instruction through the Participant and the client shall from time to time continue to satisfy itself of such capability of
the Participant before executing transacting through the Participant.
1.4. The Client has approached to the Participant with the application for availing the New MFSS facility.
1.5. The client has submitted relevant KYC (Know Your Client) details to the Participants
2. Terms and Conditions
2.1. The client shall be bound by circulars issued by NSEIL, Rules, Regulations and circulars issued there under by SEBI and
relevant notifications of Government authorities as may be in force from time to time.
2.2. The client shall notify the Participant in writing if there is any change in the information in the 'client registration form'
To Date: ________________
Sir,
Sub: Mutual Fund Service System (MFSS) facility
I/We __________________________________________________________________________ am/are registered as your client with Client Code No. ______________ and agreed the terms & condition for the purpose of trading in the Capital Market segment of National Stock Exchange of India Ltd. (Exchange).
I/We am/are interested in availing the MFSS facility of the Exchange for the purpose of dealing in the units of Mutual Funds Schemes permitted to be dealt with on the MFSS of the Exchange.
For the purpose of availing the MFSS facility, I/we state that Know Your Client details as submitted by me/us for the stock broking may be considered for the purpose of MFSS and I/we further confirm that the details contained in same remain unchanged as on date.
I/We are willing to abide by the terms and conditions as mentioned in the Circular dated and as may be specified by the Exchange from time to time in this regard.
I/We shall also ensure compliance with the requirements as may be specified from time to time by Securities and Exchange Board of India and Association of Mutual Funds of India (AMFI).
I/We shall read and understand the contents of the Scheme Information Document and Key Informa- tion Memorandum, addenda issued regarding each Mutual Fund Schemes with respect to which I/we choose to subscribe/redeem. I/We further agree to abide by the terms and conditions, rules and regulations of the Mutual Fund Schemes.
I/We therefore request you to register me/us as your client for participating in the MFSS.
(Letter to be provided by the Investor to the Participant)
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Applicant Signature:
Name of the Client:
S35F
provided by the client to the Participant at the time registering as a client for participating in the New MFSS or at any
time thereafter.
2.3. The client shall submit to the Participant a completed application form in the manner prescribed format for the purpose
of placing a subscription order with the Participant.
2.4. The client has read and understood the risks involved in investing in Mutual Fund Schemes.
2.5. The client shall be wholly responsible for all his investment decisions and instruction.
2.6. The client shall ensure continuous compliance with the requirements of the NSEIL, SEBI and AMFI.
2.7. The Client shall pay to the Participant fees and statutory levies as are prevailing from time to time and as they apply to
the Client's account, transactions and to the services that Participant renders to the Client.
2.8. The client will furnish information to the Participant in writing , if any winding up petition or insolvency petition has
been filed or any winding up or insolvency order or decree or award is passed against him or if any litigation which may
have material bearing on his capacity has been filed against him.
2.9. In the event of non-performance of the obligation by the Participant, the client is not entitled to claim any
compensation either from the Investor Protection Fund or from any fund of NSEIL or NSCCL.
In case of any dispute between the Participants and the investors arising out of the MFSS facility, NSEIL and / or NSCCL agrees
to extend the necessary support for the speedy redressal of the disputes.
Applicant Signature:
Name of the Client:
S36F
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Format of the Declaration to be given by Partnership on Letterhead of the Firm
To,
CGS-CIMB Securities (India) Private Limited
We refer to the trading account being opened / opened with you in the name of_____________________________ and declare and authorise you as under.
We recognize that a beneficiary account cannot be opened with a depository participant in the name of a Partnership firm as per Regulations. To facilitate the operation of the above trading account with you and for the purpose of completing the securities transfer obligations pursuant to the trading operations, we authorise you to recognize the beneficiary account No. __________________ with depository ________________________________________ opened in the name(s) of the partner(s) of the firm.
We agree that the obligations for shares purchased and / or sold by the firm will be handled and completed through transfers to/ from the above-mentioned account. We recognise and accept trans- fers made by you to the beneficiary account as complete discharge of obligations by you in respect of trades executed in the above trading account of the firm.
We hereby authorise ___________________________________, partner in the firm to execute / sign and submit such documents, agreements, deeds etc. as may be necessary to enter into the agreement and engage in business with CGS-CIMB Securities (India) Private Limited and to sell, purchase, transfer, endorse, negotiate and do other things that may be necessary to engage in business on behalf of the partnership
Name of the Partner Signature of the Partner
Applicant Signature:
Name of the Client:
S37F
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FINANCIAL RISK PROFILER
GROUP A
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1. Your current age is:
a. Under 30 years
b. 31 – 40 years
c. 41 – 50 years
d. 51 – 60 years
e. Over 60 years
2. Your current annual take home income is:
a. Under Rs. 10,00,000
b. Between Rs. 10,00,001 and Rs. 15,00,000
c. Between Rs. 15,00,001 and Rs. 20,00,000
d. Between Rs. 20,00,001 and Rs. 30,00,000
e. Over Rs. 30,00,001
3. The number of years you have until retirement is:
a. 3 years or less
b. 3 to 5 years
c. 5 to 10 years
d. 10 to 15 years
e. 15 years or more
4. Your present job or business is:
a. Is not dependable
b. Is relatively secure
c. Is secure
d. Doesn’t matter as you already have enough wealth
e. Doesn’t matter as you can easily find an equally good new job/career
5. What are your expectations of how your future earnings would be?
a. It would far outpace inflation
b. It would be somewhat ahead of inflation
c. It would keep pace with inflation
d. It may not be able to keep pace with inflation
6. How good is your knowledge of finance?
a. I’m an expert in the field of finance
b. I’m proficient in finance
c. I don’t know much about finance but I keep myself updated about through newspapers, journals, TV, etc.
d. Limited to knowing things like how the stock market or certain select script is /are moving
e. I’m totally zero as far as knowledge of finance is concerned
7. If you lose your job or stop working today, how long do you think your savings can support you?
a. Less than 3 months
b. 3 – 6 months
c. 6 months to 1 year
d. 1 – 3 years
e. More than 3 years
8.
a. Only yourself
b. 1 person besides yourself
c. 2 to 3 persons besides yourself
d. 4 to 5 persons besides yourself
e. More than 5 persons besides yourself
You are financially responsible for (exclude dependants who can be supported by your spouse’s income)?
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FINANCIAL RISK PROFILER
GROUP B
9. How would you describe yourself as a risk-taker?
a. I do not mind speculating
b. Willing to take risks for higher returns
c. Can take calculated risks
d. Low risk taking capability
e. Extremely averse to risk
10. If you had Rs. 25 Lacs to invest, which of the following choices would you make?
a. Put the money in Bank Fixed Deposit and Bonds
b. Invest the money in Mutual Funds
c. Invest the money in Shares
d. Invest in the combination of above with higher proportion of Bank FDs and Bonds
e. Invest in the combination of above with higher proportion of Mutual Funds and Shares
11. You have a market tip on the price appreciation of certain scrip, you:
a. Immediately invest in the scrip
b. Invest if you feel that the source of the tip is an experienced / expert market player
c. Do some enquiry and analysis and then decide
d. Want to invest but are generally unable to take decision in such cases
e. You don’t rely on such tips or totally ignore it.
12. You are on a TV game show and you win Rs. 50 Lacs. You have a choice to keep the money or
risk it to win a higher amount. You:
a. Are happy with Rs. 50 Lacs that you have earned
b. Risk the Rs. 50 Lacs on a 50% chance of winning Rs. 1.50 Cr
c. Risk the Rs. 50 Lacs on a 25% chance of winning Rs. 3.75 Cr
d. Risk the Rs. 50 Lacs on a 10% chance of winning Rs. 5 Cr
13. Which one of the following bets describes your feeling immediately after making an
investment, you:
a. Are not bothered – it’s just another investment for you
b. Are satisfied and content with the decision
c. Are not very sure whether you made the right decision
d. Are worried
e. Generally regret your decision
14. The stock market has dropped 25% and a share that you own also dropped 25%, but the market
expects the share to go up again. What would you do?
a. Sell all the shares
b. Sell some of them
c. Buy more of them
d. Keep all of them as you expect the price to reach the earlier level
e. Keep all of them as you are afraid of booking a loss
15. You have a substantial sum of money spare for about 6months after which you need this sum
to repay a loan, this sum is currently not invested anywhere. You would:
a. Keep the money in your bank fixed deposit or money market funds
b. Invest the money in Debt mutual funds
c. Invest the money in Equity shares / Equity mutual funds
d. Loan the money at market rates to businessmen
e. Invest the money in a combination of above
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FINANCIAL RISK PROFILER
ANALYSIS
Your Risk taking capacity based on your life seems to be
1. Low
2. Low-Medium
3. Medium
4. High
5. Very High
Your attitude to risk based on your inputs seems to be
1. Low
2. Low-Medium
3. Medium
4. High
5. Very High
INVESTMENT PROFILE
1. CONSERVATIVE
2. MODERATE
3. BALANCED
4. AGGRESSIVE
5. HIGHLY AGGRESSIVE
Name of the RM Signature
I hereby acknowledge that my investment profile has been determined as________________ based on the information provided by me. However of declare that my risk profile to be charged to set up as____________.
I would like to avail of leverage for trading in equities and Derivatives as may be offered by the member.
Name of the Client____________________________________________
Signature of the Client
Date :
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16.
a. Non resident client
Please. tick mark the additional applicable category to you
b. High net-worth client (having annual income + networth of more than Rs. 1 crore)
c. Trust ,Charities, NGOs and organizations receiving donations
d. Company having close family shareholdings or beneficial ownership
e. Civil Servant or family member or close relative of civil servant
f. Bureaucrat or family member or close relative of bureaucrat
g. Current or Former MP or MLA or MLC or their family member or close relative
h. Politician or their family member or close relative
I. Current or Former Head of State or of Governments or their family member or close relative
j. Senior government/judicial/ military officers or their family member or close relative
k. Senior executives of state-owned corporations or their family member or close relative
l. Companies offering foreign exchange offerings
m. None of the above
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I hereby further confirm/undertake that the investments/trading done in securities market are from my own/borrowed
sources of funds and I confirm that the funds utilized for trading activity by me is in compliance with the rules, regulations
and guidelines stipulated under PMLA.
Applicant Signature:
Name of the Client:
Date:_________________
S39F
CGS-CIMB Securities (India) Private Limited
Acquisition RM :(Name & Employee Code No.)
Advisory RM :
Dealer :
Reference/Introduce Name :
AP Name / Code :
Family Code :
Account Opening : Amount Cheque No.
Cheque Detail : Bank Date
(Name & Employee Code No.)
(Name & Employee Code No.)
Customer Service Executive :
Indicia of U.S. Status Account Status Action required
Have the account holder(s) provided any standing
Does the account have a U.S. address (including P.O. Box) or U.S. phone number?
Have the account holder(s) granted Power of Attorney ?
If answer to above question is "Yes", then does the Attorney have a U.S. address ?
Does this account have a "hold mail" status or have an"in care of" address that is the sole address for thisaccount ?
________ ASSESSMENT OF CUSTOMER'S FATCA CLASSIFICATION : Customer is: q US Non-US:
I declare that: the required account opening checks have been performed for the customer(s) listed above; andthat the information provided is true, correct and updated.
Relationship Manager's Signature Relationship Manager's Name
Employee Code Number
If any question answers YES,Instructions to transfer funds to an RM to collect additional
account maintained in the U.S.? documentation
If ALL questions answer NO, classify the account in Section B. No further actionrequired.
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Section A: To be filled by Relationship Manager
Section B: To be filled by Relationship Manager
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CGS-CIMB Securities (India) Private Limited
Phone: +91-22-4880 5100 • Fax: +91-22-4880 5180 Email: [email protected]
Date: ________________ Form No.: ________________
Received copy of The Client Registration Kit of Mr./Ms./M/s._____________________________________________ including Mandatory Documents as prescribed by SEBI & Exchanges and Non-Mandatory Documents, along with copy of my/our Risk Profiling Document as performed by CGS-CIMB.
Initial cheques details: Amount: _______________________ Cheque No. : _________________
Bank Name: ________________________________________
603 Platina, G Block, Plot No C 59, Bandra Kurla Complex, Mumbai 400 051 INDIA
CGS-CIMB Securities (India) Private Limited
Phone: +91-22-4880 5100 • Fax: +91-22-4880 5180 Email: [email protected]
Date: ________________ Form No.: ________________
Received The Client Registration Kit of Mr./Ms./M/s.____________________________________________________ including Mandatory Documents as prescribed by SEBI & Exchanges and Non-Mandatory Documents.
Initial cheques details: Amount: _______________________ Cheque No. : _________________
Bank Name: ________________________________________
Date of Cheque : ___________________
CGS-CIMB SECURITIES (INDIA) PRIVATE LIMITED
603 Platina, G Block, Plot No C 59, Bandra Kurla Complex, Mumbai 400 051 INDIA
ACKNOWLEDGEMENT (OFFICE COPY)
ACKNOWLEDGEMENT (CLIENT COPY)
Signature :
Name of the Applicant :
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Signature :
Name :
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