Globe Capital Market Ltd.
Regd. & Corporate Office: 609, Ansal Bhawan, 16 K.G.
Marg, Connaught Place, New Delhi 110001
CIN No. - U74100DL1985PLC021350
Depository Divson: 804, Ansal Bhawan, 16 K.G. Marg,
Connaught Place, New Delhi 110001
Tel.: 011-30412345, 40412345, 43666400, 43666566 • Fax 011-
23720883, 23712630
Email: mail@globecapital.com, customercare@globecapital.com
In case of any grievances please write to
igr@globecapital.com, globedp@globecapital.com
Registration. Numbers.
SEBI Registration No INZ000177137. NSE : TM No-06637,
Clearing No-M50302, BSE : Clearing No-3179, MSEI : TM Code-1004, Clearing
Member Code-4, Depository Participant : IN-DP-NSDL-97-99
Customer Care No. 011-43666566 E-mail customercare@globecapital.com
I/We hereby declare that the KYC details furnished by me are true and correct to the best of my/our knowledge and belief and I/we under-take 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. I am aware of other modes of KYC which are available and I have chosen Aadhaar based method voluntarily. My Aadhaar record can be used by KRA agencies only for the specific purpose validating/ maintaining/ sharing my KYC record and as an audit evidence. I will have an option to request for deleting of my Aadhaar record. I hereby give my consent for receiving information including Central KYC Registry through SMS/Email on the above registered mobile number/email address. I am/we are also aware that for Aadhaar OVD based KYC, my KYC request shall be validated against Aadhaar details. I/We hereby consent to sharing my/our masked Aadhaar card with readable QR code or my Aadhaar XML/Dig locker XML file, along with pass code and as applicable, with SEBI, KRA, CKYC and other Institutions/ agencies/ Intermediaries with whom I have a business relationship for KYC purposes only.
I hereby give my consent to activate my trading code and for receiving information including
from KRA, CKYC, Exchanges, SEBI and Globe Capital through SMS/Email on the
above registered number/email address. I hereby provide my consent for sharing
/ disclosed of the Aadhaar number(s) including demographic information with
Globe group of companies, SEBI, Exchanges, CKYC, KRA, Depositaries and any
other institutions / agencies as per requirement I/We confirm having read/been
explained and understood the contents of the document on policy and procedures
of the stock broker, tariff sheet and all voluntary/non-mandatory documents. I
agree to receive All Demat and Trading statements of accounts in electronic
mode. I hereby declare that I am not making
this application for the purpose of contravention of any Act, Rules,
Regulations or any statute of legislation or any notifications/directions
issued by any governmental or statutory authority from time to time.
FATCA - CRS Terms and Conditions
I have read and understood the information requirements and
the Terms & Conditions mentioned in this Form (read along with FATCA &
CRS instructions) and hereby confirm that the information provided by me in KYC
form is true, correct and complete. I hereby agree and confirm to inform Globe
Capital Market Ltd for any modification to this information promptly.
I further agree to abide by the provisions of the scheme
related documents inter alia provisions of FATCA & CRS on Automatic
Exchange of Information (AEOI).
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Rights and Obligations Document
stating the Rights and Obligations of stock brokers/trading member, sub-broker
and client for trading on Exchanges (including additional rights &
obligations in case of internet/wireless technology based trading)
1. The
client shall invest/trade in those securities/contracts/other instruments
admitted to dealings on the Exchanges as defined in the Rules, Byelaws and
Regulations of Exchanges/Securities and Exchange Board of India (SEBI) and
circulars/notices issued there under from time to time.
2. The stock
broker, sub-broker and the client shall be bound by all the Rules, Byelaws and
Regulations of the Exchange and circulars/notices issued there under and Rules
and Regulations of SEBI and relevant notifications of Government authorities as
may be in force from time to time.
3. The
client shall satisfy itself of the capacity of the stock broker to deal in
securities and/or deal in derivatives contracts and wishes to execute its
orders through the stock broker and the client shall from time to time continue
to satisfy itself of such capability of the stock broker before executing
orders through the stock broker.
4. The stock
broker shall continuously satisfy itself about the genuineness and financial
soundness of the client and investment objectives relevant to the services to
be provided.
5. The stock
broker shall take steps to make the client aware of the precise nature of the
Stock broker’s liability for business to be conducted, including any
limitations, the liability and the capacity in which the stock broker acts.
6. The
sub-broker shall provide necessary assistance and co-operate with the stock broker
in all its dealings with the client(s).
CLIENT INFORMATION
7. The
client shall furnish all such details in full as are required by the stock
broker in "Account Opening Form” with supporting details, made mandatory
by stock exchanges/SEBI from time to time.
8. The
client shall familiarize himself with all the mandatory provisions in the
Account Opening documents. Any additional clauses or documents specified by the
stock broker shall be non-mandatory, as per terms & conditions accepted by
the client.
9. The
client shall immediately notify the stock broker in writing if there is any
change in the information in the ‘account opening form’ as provided at the time
of account opening and thereafter; including the information on winding up
petition/insolvency petition or any litigation which may have material bearing
on his capacity. The client shall provide/update the financial information to
the stock broker on a periodic basis.
10. The stock
broker and sub-broker shall maintain all the details of the client as mentioned
in the account opening form or any other information pertaining to the client,
confidentially and that they shall not disclose the same to any
person/authority except as required under any law/regulatory requirements.
Provided however that the stock broker may so disclose information about his
client to any person or authority with the express permission of the client.
MARGINS
11. The client
shall pay applicable initial margins, withholding margins, special margins or
such other margins as are considered necessary by the stock broker or the
Exchange or as may be directed by SEBI from time to time as applicable to the
segment(s) in which the client trades. The stock broker is
permitted in its sole and absolute discretion to collect
additional margins (even though not required by the Exchange, Clearing House/Clearing
Corporation or SEBI) and the client shall be obliged to pay such margins within
the stipulated time.
12. The client
understands that payment of margins by the client does not necessarily imply
complete satisfaction of all dues. In spite of consistently having paid
margins, the client may, on the settlement of its trade, be obliged to pay (or
entitled to receive) such further sums as the contract may dictate/require.
TRANSACTIONS AND SETTLEMENTS
13. The client
shall give any order for buy or sell of a security/derivatives contract in
writing or in such form or manner, as may be mutually agreed between the client
and the stock broker. The stock broker shall ensure to place orders and execute
the trades of the client, only in the Unique Client Code assigned to that
client.
14. The stock
broker shall inform the client and keep him apprised about trading/settlement
cycles, delivery/payment schedules, any changes therein from time to time, and
it shall be the responsibility in turn of the client to comply with such
schedules/procedures of the relevant stock exchange where the trade is
executed.
15. The stock
broker shall ensure that the money/securities deposited by the client shall be
kept in a separate account, distinct from his/its own account or account of any
other client and shall not be used by the stock broker for himself/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, Byelaws, 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 there under 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 there under.
BROKERAGE
18. The Client
shall pay to the stock broker brokerage and statutory levies as are prevailing
from time to time and as they apply to the Client’s account, transactions and
to the services that stock broker renders to the Client. The stock broker shall
not charge brokerage more than the maximum brokerage permissible as per the
rules, regulations and bye-laws of the relevant stock exchanges and/or rules
and regulations of SEBI.Tariff charges will be same as applicable in your existing code else standard Brokerage will be applicable
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 non-payment of margins or other amounts, outstanding
debts, etc. and adjust the proceeds of such liquidation/close out, if any,
against the client's liabilities/obligations. Any and all losses and financial
charges on account of such liquidation/closing-out shall be charged to and borne
by the client.
20. In the
event of death or insolvency of the client or his/its otherwise becoming
incapable of receiving and paying for or delivering or transferring securities
which the client has ordered to be bought or sold, stock broker may close out
the transaction of the client and claim losses, if any, against the estate of
the client. The client or his nominees, successors, heirs and assignee shall be
entitled to any surplus which may result there from. The client shall note that
transfer of funds/securities in favor of a Nominee shall be valid discharge by
the stock broker against the legal heir.
21. The stock
broker shall bring to the notice of the relevant Exchange the information about
default in payment/delivery and related aspects by a client. In case where
defaulting client is a corporate entity/partnership/ proprietary firm or any
other artificial legal entity, then the name(s) of
Director(s)/Promoter(s)/Partner(s)/Proprietor as the case may be, shall also be
communicated by the stock broker to the relevant Exchange(s).
DISPUTE RESOLUTION
22. The stock
broker shall provide the client with the relevant contact details of the
concerned Exchanges and SEBI.
23. The stock
broker shall co-operate in redressing grievances of the client in respect of
all transactions routed through it and in removing objections for bad delivery
of shares, rectification of bad delivery, etc.
24. The client
and the stock broker shall refer any claims and/or disputes with respect to
deposits, margin money, etc., to arbitration as per the Rules, Byelaws and
Regulations of the Exchanges where the trade is executed and circulars/notices
issued there under as may be in force from time to time.
25. The stock
broker shall ensure faster settlement of any arbitration proceedings arising
out of the transactions entered into between him vis-à- vis the client and he
shall be liable to implement the arbitration awards made in such proceedings.
26. The
client/stock-broker understands that the instructions issued by an authorized
representative for dispute resolution, if any, of the client/stock- broker
shall be binding on the client/stock-broker in accordance with the letter
authorizing the said representative to deal on behalf of the said
client/stock-broker.
TERMINATION OF RELATIONSHIP
27. This
relationship between the stock broker and the client shall be terminated; if
the stock broker for any reason ceases to be a member of the stock exchange including
cessation of membership by reason of the stock broker's default, death,
resignation or expulsion or if the certificate is cancelled by the Board.
28. The stock
broker, sub-broker and the client shall be entitled to terminate the
relationship between them without giving any reasons to the other party, after
giving notice in writing of not less than one month to the other parties.
Notwithstanding any such termination, all rights, liabilities and obligations
of the parties arising out of or in respect 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 email id to the stock broker. The client shall communicate to
the stock broker any change in the email-id through a physical letter. If the
client has opted for internet trading, the request for change of email id may
be made through the secured access by way of client specific user id and
password.
38. The stock
broker shall ensure that all ECNs sent through the e-mail shall be digitally
signed, encrypted, non-tamper able and in compliance with the provisions of the
IT Act, 2000. In case, ECN is sent through email as an attachment, the attached
file shall also be secured with the digital signature, encrypted and
nontamperable.
39. The client
shall note that non-receipt of bounced mail notification by the stock broker
shall amount to delivery of the contract note at the e-mail ID of the client.
40. The stock
broker shall retain ECN and acknowledgement of the e-mail in a soft and
non-tamperable form in the manner prescribed by the exchange in compliance with
the provisions of the IT Act, 2000 and as per the extant rules/regulations/circulars/guidelines
issued by SEBI/Stock Exchanges from time to time. The proof of delivery i.e.,
log report generated by the system at the time of sending the contract notes
shall be maintained by the stock broker for the specified period under the
extant regulations of SEBI/stock exchanges. The log report shall provide the
details of the contract notes that are not delivered to the client/e-mails
rejected or bounced back. The stock broker shall take all possible steps to
ensure receipt of notification of bounced mails by him at all times within the
stipulated time period under the extant regulations of SEBI/stock exchanges.
41. The stock
broker shall continue to send contract notes in the physical mode to such
clients who do not opt to receive the contract notes in the electronic form.
Wherever the ECNs have not been delivered to the client or has been rejected
(bouncing of mails) by the e-mail ID of the client, the stock broker
shall send a physical contract note to the client within the
stipulated time under the extant regulations of SEBI/stock exchanges and
maintain the proof of delivery of such physical contract notes.
42. In
addition to the e-mail communication of the ECNs to the client, the stock
broker shall simultaneously publish the ECN on his designated web-site, if any,
in a secured way and enable relevant access to the clients and for this
purpose, shall allot a unique user name and password to the client, with an
option to the client to save the contract note electronically and/or take a
print out of the same.
LAW AND JURISDICTION
43. In
addition to the specific rights set out in this document, the stock broker,
sub-broker and the client shall be entitled to exercise any other rights which
the stock broker or the client may have under the Rules, Bye-laws and
Regulations of the Exchanges in which the client chooses to trade and
circulars/notices issued there under 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
there under of the Exchanges/SEBI.
47. All
additional voluntary clauses/document added by the stock broker should not be
in contravention with rules/regulations/notices/circulars of Exchanges/SEBI.
Any changes in such voluntary clauses/document(s) need to be preceded by a
notice of 15 days. Any changes in the rights and obligations which are
specified by Exchanges/SEBI shall also be brought to the notice of the clients.
48. If the
rights and obligations of the parties hereto are altered by virtue of change in
Rules and regulations of SEBI or Bye-laws, Rules and Regulations of the
relevant stock Exchanges where the trade is executed, such changes shall be
deemed to have been incorporated herein in modification of the rights and
obligations of the parties mentioned in this document.
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INTERNET & WIRELESS TECHNOLOGY BASED TRADING FACILITY
PROVIDED BY STOCK BROKERS TO CLIENT
(All the clauses mentioned in the ‘Rights and Obligations’
document(s) shall be applicable.
Additionally, the clauses mentioned herein shall also be
applicable.)
1. Stock
broker is eligible for providing Internet based trading (IBT) and securities
trading through the use of wireless technology that shall include the use of devices
such as mobile phone, laptop with data card, etc. which use Internet Protocol
(IP). The stock broker shall comply with all requirements applicable to
internet based trading/securities trading using wireless technology as may be
specified by SEBI & the Exchanges from time to time.
2. The
client is desirous of investing/trading in securities and for this purpose, the
client is desirous of using either the internet based trading facility or the
facility for securities trading through use of wireless technology. The Stock
broker shall provide the Stock broker’s IBT Service to the Client, and the
Client shall avail of the Stock broker’s IBT Service, on and subject to
SEBI/Exchanges Provisions and the terms and conditions specified on the Stock
broker’s IBT Web Site provided that they are in line with the norms prescribed
by Exchanges/SEBI.
3. The stock
broker shall bring to the notice of client the features, risks,
responsibilities, obligations and liabilities associated with securities
trading through wireless technology/internet/smart order routing or any other
technology should be brought to the notice of the client by the stock broker.
4. The stock
broker shall make the client aware that the Stock Broker’s IBT system itself
generates the initial password and its password policy as stipulated in line
with norms prescribed by Exchanges/SEBI.
5. The
Client shall be responsible for keeping the Username and Password confidential
and secure and shall be solely responsible for all orders entered and
transactions done by any person whosoever through the Stock broker’s IBT System
using the Client’s Username and/or Password whether or not such person was
authorized to do so. Also the client is aware that authentication technologies
and strict security measures are required for the internet trading/securities
trading through wireless technology through order routed system and undertakes
to ensure that the password of the client and/or his
authorized representative are not revealed to any third
party including employees and dealers of the stock broker
6. The
Client shall immediately notify the Stock broker in writing if he forgets his
password, discovers security flaw in Stock Broker’s IBT System,
discovers/suspects discrepancies/ unauthorized access through his username/password/account
with full details of such unauthorized use, the date, the manner and the
transactions effected pursuant to such unauthorized use, etc.
7. The
Client is fully aware of and understands the risks associated with availing of
a service for routing orders over the internet/securities trading through
wireless technology and Client shall be fully liable and responsible for any
and all acts done in the Client’s Username/password in any manner whatsoever.
8. The stock
broker shall send the order/trade confirmation through email to the client at
his request. The client is aware that the order/ trade confirmation is also
provided on the web portal. In case client is trading using wireless
technology, the stock broker shall send the order/trade confirmation on the
device of the client.
9. The
client is aware that trading over the internet involves many uncertain factors
and complex hardware, software, systems, communication lines, peripherals, etc.
are susceptible to interruptions and dislocations. The Stock broker and the
Exchange do not make any representation or warranty that the Stock broker’s IBT
Service will be available to the Client at all times without any interruption.
10. The Client
shall not have any claim against the Exchange or the Stock broker on account of
any suspension, interruption, non-availability or malfunctioning of the Stock
broker’s IBT System or Service or the Exchange’s service or systems or non-
execution of his orders due to any link/system failure at the Client/Stock brokers/Exchange
end for any reason beyond the control of the stock broker/Exchanges.
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RISK DISCLOSURE DOCUMENT FOR
CAPITAL MARKET AND DERIVATIVES SEGMENTS
This document contains important information on trading in
Equities/Derivatives Segments of the stock exchanges. All prospective
constituents should read this document before trading in Equities/Derivatives
Segments of the Exchanges.
Stock exchanges/SEBI does neither singly or jointly and
expressly nor impliedly guarantee nor make any representation concerning the
completeness, the adequacy or accuracy of this disclosure document nor have
Stock exchanges /SEBI endorsed or passed any merits of participating in the
trading segments. This brief statement does not disclose all the risks and
other significant aspects of trading.
In the light of the risks involved, you should undertake
transactions only if you understand the nature of the relationship into which you
are entering and the extent of your exposure to risk.
You must know and appreciate that trading in Equity shares,
derivatives contracts or other instruments traded on the Stock Exchange, which
have varying element of risk, is generally not an appropriate avenue for
someone of limited resources/limited investment and/or trading experience and
low risk tolerance. You should therefore carefully consider whether such
trading is suitable for you in the light of your financial condition. In case
you trade on Stock exchanges and suffer adverse consequences or loss, you shall
be solely responsible for the same and Stock exchanges/its Clearing Corporation
and/or SEBI shall not be responsible, in any manner whatsoever, for the same
and it will not be open for you to take a plea that no adequate disclosure
regarding the risks involved was made or that you were not explained the full
risk involved by the concerned stock broker. The constituent shall be solely
responsible for the consequences and no contract can be rescinded on that
account. You must acknowledge and accept that there can be no guarantee of
profits or no exception from losses while executing orders for purchase and/or
sale of a derivative contract being traded on Stock exchanges.
It must be clearly understood by you that your dealings on
Stock exchanges through a stock broker shall be subject to your fulfilling
certain formalities set out by the stock broker, which may inter alia include
your filling the know your client form, reading the rights and obligations,
do’s and don’ts, etc., and are subject to the Rules, Byelaws and Regulations of
relevant Stock exchanges, its Clearing Corporation, guidelines prescribed by
SEBI and in force from time to time and Circulars as may be issued by Stock
exchanges or its Clearing Corporation and in force from time to time.
Stock exchanges does not provide or purport to provide any
advice and shall not be liable to any person who enters into any business
relationship with any stock broker of Stock exchanges and/or any third party
based on any information contained in this document. Any information contained
in this document must not be construed as business advice. No consideration to
trade should be made without thoroughly understanding and reviewing the risks
involved in such trading. If you are unsure, you must seek professional advice
on the same.
In considering whether to trade or authorize someone to
trade for you, you should be aware of or must get acquainted with the following
:
1. BASIC
RISKS :
1.1 Risk of
Higher Volatility:
Volatility refers to the dynamic changes in price that a
security/derivatives contract undergoes when trading activity continues on the
Stock Exchanges. Generally, higher the volatility of a security/derivatives
contract, greater is its price swings. There may be normally greater
volatility in thinly traded securities / derivatives
contracts than in active securities /derivatives contracts. As a result of
volatility, your order may only be partially executed or not executed at all,
or the price at which your order got executed may be substantially different
from the last traded price or change substantially thereafter, resulting in
notional or real losses.
1.2 Risk of
Lower Liquidity:
Liquidity refers to the ability of market participants to
buy and/or sell securities / derivatives contracts expeditiously at a
competitive price and with minimal price difference. Generally, it is assumed
that more the numbers of orders available in a market, greater is the
liquidity. Liquidity is important because with greater liquidity, it is easier
for investors to buy and/or sell securities / derivatives contracts swiftly and
with minimal price difference, and as a result, investors are more likely to
pay or receive a competitive price for securities / derivatives contracts
purchased or sold. There may be a risk of lower liquidity in some securities /
derivatives contracts as compared to active securities / derivatives contracts.
As a result, your order may only be partially executed, or may be executed with
relatively greater price difference or may not be executed at all.
1.2.1 Buying or
selling securities / derivatives contracts as part of a day trading strategy
may also result into losses, because in such a situation, securities /
derivatives contracts may have to be sold / purchased at low / high prices,
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.
2. As far as
Derivatives segments are concerned, please note and get yourself acquainted
with the following additional features :
2.1 Effect of
"Leverage" or "Gearing":
In the derivatives market, the amount of margin is small
relative to the value of the derivatives contract so the transactions are
'leveraged' or 'geared'. Derivatives trading, which is conducted with a
relatively small amount of margin, provides the possibility of great profit or
loss in comparison with the margin amount. But transactions in derivatives
carry a high degree of risk. You should therefore completely understand the
following statements before actually trading in derivatives and also trade with
caution while taking into account one's circumstances, financial resources,
etc. If the prices move against you, you may lose a part of or whole margin
amount in a relatively short period of time. Moreover, the loss may exceed the
original margin amount.
A. Futures
trading involve daily settlement of all positions. Every day the open positions
are marked to market based on the closing level of the index / derivatives
contract. If the contract has moved against you, you will be required to
deposit the amount of loss (notional) resulting from such movement. This amount
will have to be paid within a stipulated time frame, generally before
commencement of trading on next day.
B. If you
fail to deposit the additional amount by the deadline or if an outstanding debt
occurs in your account, the stock broker may liquidate a part of or the whole
position or substitute securities. In this case, you will be liable for any
losses incurred due to such close-outs.
C. Under
certain market conditions, an investor may find it difficult or impossible to
execute transactions. For example, this situation can occur due to factors such
as illiquidity i.e. when there are insufficient bids or offers or suspension of
trading due to price limit or circuit breakers etc.
D. In order
to maintain market stability, the following steps may be adopted: changes in
the margin rate, increases in the cash margin rate or others. These new
measures may also be applied to the existing open interests. In such
conditions, you will be required to put up additional margins or reduce your
positions.
E. You must
ask your broker to provide the full details of derivatives contracts you plan
to trade i.e. the contract specifications and the associated obligations.
2.2 Currency
specific risks:
1. The
profit or loss in transactions in foreign currency- denominated contracts,
whether they are traded in your own or another jurisdiction, will be affected
by fluctuations in currency rates where there is a need to convert from the
currency denomination of the contract to another currency.
2. Under
certain market conditions, you may find it difficult or impossible to liquidate
a position. This can occur, for example when a currency is deregulated or fixed
trading bands are widened.
3. Currency
prices are highly volatile. Price movements for currencies are influenced by,
among other things: changing supply-demand relationships; trade, fiscal,
monetary, exchange control programs and policies of governments; foreign
political and economic events and policies; changes in national and
international interest rates and inflation; currency
devaluation; and sentiment of the market place. None of these factors can be
controlled by any individual advisor and no assurance can be given that an
advisor's advice will result in profitable trades for a participating customer
or that a customer will not incur losses from such events.
2.3 Risk of
Option holders:
1. An option
holder runs the risk of losing the entire amount paid for the option in a
relatively short period of time. This risk reflects the nature of an option as
a wasting asset which becomes worthless when it expires. An option holder who
neither sells his option in the secondary market nor exercises it prior to its
expiration will necessarily lose his entire investment in the option. If the
price of the underlying does not change in the anticipated direction before the
option expires, to an extent sufficient to cover the cost of the option, the
investor may lose all or a significant part of his investment in the option.
2. The
Exchanges may impose exercise restrictions and have absolute authority to
restrict the exercise of options at certain times in specified circumstances.
2.4 Risks of
Option Writers:
1. If the
price movement of the underlying is not in the anticipated direction, the
option writer runs the risks of losing substantial amount.
2. The risk
of being an option writer may be reduced by the purchase of other options on
the same underlying interest and thereby assuming a spread position or by
acquiring other types of hedging positions g a spread position or by acquiring
other types of hedging positions in the options markets or other markets.
However, even where the writer has assumed a spread or other hedging position,
the risks may still be significant. A spread
position is not necessarily less risky than a simple 'long'
or 'short' position.
3. Transactions
that involve buying and writing multiple options in combination, or buying or
writing options in combination with buying or selling short the underlying
interests, present additional risks to investors. Combination transactions,
such as option spreads, are more complex than buying or writing a single
option. And it should be further noted that, as in any area of investing, a
complexity not well understood is, in itself, a risk factor. While this is not
to suggest that combination strategies should not be considered, it is
advisable, as is the case with all investments in options, to consult with
someone who is experienced and knowledgeable with respect to the risks and
potential rewards of combination transactions under various market
circumstances.
3. TRADING
THROUGH WIRELESS TECHNOLOGY/ SMART ORDER ROUTING OR ANY OTHER
TECHNOLOGY:
Any additional provisions defining the features, risks,
responsibilities, obligations and liabilities associated with securities
trading through wireless technology/ smart order routing or any other
technology should be brought to the notice of the client by the stock broker.
4. GENERAL
4.1 The term
‘constituent’ shall mean and include a client, a customer or an investor, who
deals with a stock broker for the purpose of acquiring and/or selling of
securities / derivatives contracts through the mechanism provided by the
Exchanges.
4.2 The term
‘stock broker’ shall mean and include a stock broker, a broker or a stock
broker, who has been admitted as such by the Exchanges and who holds a
registration certificate from SEBI.
ADDITIONAL RISK DISCLOSURE
DOCUMENTS FOR OPTIONS TRADING
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.
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 the purchase of other
options on the same underlying interest and thereby assuming
a spread position or by acquiring other types of hedging positions in the
options markets or other markets. However, even where the writer has assumed a
spread or other hedging position, the risks may still be significant. A spread
position is not necessarily less risky than a simple 'long' or 'short'
position.
3. Transactions
that involve buying and writing multiple options in combination, or buying or
writing options in combination with buying or selling short the underlying
interests, present additional risks to investors. Combination transactions,
such as option spreads, are more complex than buying or writing a single
option. And it should be further noted that, as in any area of investing, a
complexity not well understood is, in itself, a risk factor. While this is not
to suggest that combination strategies should not be considered, it is
advisable, as is the case with all investments in options, to consult with
someone who is experienced and knowledgeable with respect to the risks and
potential rewards of combination transactions under various market
circumstances.
GUIDANCE NOTE - DO’s AND DON’Ts
FOR TRADING ON THE EXCHANGE(S) FOR INVESTORS
A. 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 website www.nseindia.com, www.bseindia.com, www.msei.in 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
B. 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 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 cash market.
d) You need
to bring any dispute arising from the statement of account or settlement so
made to the notice of the stock broker in writing preferably within 7 (seven)
working days from the date of receipt of funds/securities or statement, as the
case may be. In case of dispute, refer the matter in writing to the Investors
Grievance Cell of the relevant Stock exchanges without delay.
14. In case
you have not opted for maintaining running account and pay-out of
funds/securities is not received on the next working day of the receipt of
payout from the exchanges, please refer the matter to the stock broker. In case
there is dispute, ensure that you lodge a complaint in writing immediately with
the Investors Grievance Cell of the relevant Stock exchange.
15. Please
register your mobile number and email id with the stock broker, to receive
trade confirmation alerts/ details of the transactions through SMS or email, by
the end of the trading day, from the stock exchanges.
C. 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.
D. DISPUTES/
COMPLAINTS
18. Please
note that the details of the arbitration proceedings, penal action against the
brokers and investor complaints against the stock brokers are displayed on the
website of the relevant Stock exchange.
19. In case
your issue/problem/grievance is not being sorted out by concerned stock
broker/sub-broker then you may take up the matter with the concerned Stock
exchange. If you are not satisfied with the resolution of your complaint then
you can escalate the matter to SEBI.
20. Note that
all the stock broker/sub-brokers has been mandated by SEBI to designate an
e-mail ID of the grievance redressal division/compliance officer exclusively
for the purpose of registering complaints.
POLICIES & PROCEDURES
1. PENNY
STOCKS
A Stock that trades at a relatively low market price with
low market capitalization, these stocks are generally considered to be highly
speculative and risky because of their lack of liquidity, large bid-ask
spreads, small capitalization and limited following and disclosures. Depending
on the market condition and our RMS (Risk Management & Surveillance)
policy, RMS reserves the right to provide the limit in Penny Stock and losses
if any on account of such refusal shall be borne by the client.
2. SETTING
UP CLIENT'S TRADING LIMITS
The stock broker may from time to time impose and vary
limits on the orders that the client can place through the stock broker's
trading system (including exposure limits, turnover limits, limits as to the
number, value and/or kind of securities in respect of which orders can be
placed etc.) The client is aware and agree that the stock broker may need to
vary or reduce the limits or impose new limits urgently on the basis of the
stock broker's risk perception and other factors considered relevant by the
stock broker including but not limited to limits on account of exchange/SEBI
directions
/limits ( such as broker level/market level limits in
security specific/volume specific exposures etc.) and the stock broker shall
not be responsible for such variation, reduction or imposition in advance. The
client agrees that the stock broker shall not be responsible for such
variation, reduction or imposition or the client's inability to route any order
through the stock broker's trading system on account of any such variation,
reduction or imposition of limits. The client agrees that the Stock Broker may
at any time at its sole discretion and without prior notice, prohibit or
restrict the client ability to place any order or trade in securities through
the stock Broker or it may subject to any order placed by the client to review
before its entry into the trading system and may refuse to execute/allow
execution of any order due to but not limited to the reason of lack of
Margin/securities or the order being outside the limits set by the Stock
Broker/Exchange/SEBI and any other reason which the stock Broker deems
appropriate in the circumstances. The client agrees that the losses, if any, on
account of such refusal or due to delay caused by such refusal or due to delay
caused by such review shall be borne exclusively by the client alone. We have
margined based RMS System. Total deposit of the client are uploaded in the
system and the client may take exposure on the basis of applicable margin for
the respective security as per the VAR based margining system of the Stock
Exchange and/or margin defined by the RMS based on their Risk perception.
Client may take the benefit of “credit for sale” i.e., benefit of shares held
in margin by selling the same by selecting delivery option through order entry
window in the trading system, the value of the shares sold will be added with
the value of deposit and on the basis of that, client may take fresh exposure.
In case of exposure taken on the basis of shares margin, the payment is
required to be made before the exchange pay-in date otherwise it will be liable
to square off after the pay-in time or any time due to shortage of Margin.
3. CONDITION
UNDER WHICH A CLIENT MAY NOT BE ALLOWED TO TAKE FURTHER POSITION OR THE BROKER
MAY CLOSE THE EXISTING POSITION OF A CLIENT
The stock broker has margin based RMS system. Client may
take exposure
up to the amount of margin available with us. Client may not
be allowed to take position in case of non- availability/shortage of margin as
per RMS policy of the company. The existing position of the client is also
liable to square off/close out without prior giving notice due to shortage of
margin/non making of payment for their pay-in obligation/ outstanding debts.
4. APPLICABLE
BROKERAGE RATE
Brokerage will be charged within the limits prescribed by
SEBI/Exchanges.
5. IMPOSITION
OF PENALTY/DELAYED PAYMENT CHARGES Clients will be liable to pay late pay
in/delayed payment charges for not making payment of their paying/margin
obligation on time as per the
exchange requirement/schedule at the rate of 2% per month.
The client
agree that the Stock broker may impose fine and penalties
for the order/ trades/margin/deals/ actions of the clients which is contrary to
these agreement/rules/regulations/bye laws of the exchange or any other law for
the time being in force at such rates and in such form as it may deem fit.
Further where the stock broker has to pay any fine or bear any punishment from
any authority in connection with/as a consequence of/in relation to any of the
orders/trades/deals/actions of the client, the same shall be borne by the
client.
6. THE 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 DUE
Without prejudice to the stock brokers other right
(Including the right to refer the matter to arbitration), the stock broker
shall be entitled to liquidate/close out all or any of the clients position
without giving notice to the client for non-payment of margins or other amounts
including the pay in obligation, outstanding debts etc and adjust the proceeds
of such liquidation/close out, if any, against the clients
liabilities/obligations. The client shall ensure timely availability of
funds/securities in form and manner at designated time and in designated bank
and depository account(s), for meeting his/her/its pay in obligation of funds
and securities. Any and all losses and financial charges on account of such
liquidations/closing out shall be charged to & born by the client. In case
of securities lying in margin account/client beneficiary account and having
corporate actions like Bonus, Stock split, Right issue etc, for margin or other
purpose the benefit of shares due to received under Bonus, Stock Split, Right
issue etc will be given when the shares is actually received in the stock
broker designated demat account. In case the payment of the margin/security is
made by the client through a bank instrument, the stock broker shall be at
liberty to give the benefit/credit for the same only on the realization of the
funds from the said bank instrument etc, at the absolute discretion of the
stock broker. Where the margin/security is made available by way of securities
or any other property, the stock broker is empowered to decline its acceptance
as margin / security &/or to accept it at such reduced value as the stock
broker may deem fit by applying haircuts or by valuing it by making it to
market or by any other method as the stock broker may deem fit in its absolute
discretion. The stock broker has the right but not the obligation, to cancel
all pending orders and to sell/close/liquidate all open
positions/securities/shares at the pre-defined square off time or when
Market to Market (M-T-M) percentage reaches or crosses
stipulated margin. The stock broker will have sole discretion to decide
referred stipulated margin percentage depending upon the market condition. In
the event of such square off, the client agrees to bear all the losses based on
actual executed prices, the client shall also be solely liable for all and any
penalties and charge levied by the exchange(s).
7. SHORTAGES
IN OBLIGATION ARISING OUT OF INTERNAL NETTING OF TRADES
Stock broker shall not be obliged to deliver any securities
or pay any money to the client unless and until the same has been received by
the stock broker from the exchange, the clearing corporation/clearing house or
other company or entity liable to make the payment and the client has fulfilled
his/her/its obligation first. The policy and procedure for settlement of
shortages in obligations arising out of internal meeting of trades is as under:
a) The Short
delivering client is debited by an amount equivalent to 20% above of closing
rate of day prior to Pay-in/Payout Day. The securities delivered short are
purchased from market on T+2 day and the purchase consideration (inclusive of
all statutory taxes & levies) is debited to the short delivering seller
client along with reversal entry of provisionally amount debited earlier.
b) If
securities cannot be purchased from market due to any force majeure condition,
the short delivering seller is debited at the closing rate on T+3 day or
Auction day on Exchange + 10% where the delivery is matched partially or fully
at the Exchange Clearing, the delivery and debits/credits shall be as per
Exchange Debits and Credits.
c) In case
of securities having corporate actions all cases of short delivery of cum
transactions which cannot be auctioned on cum basis or where the cum basis
auctioned on cum basis or where the cum basis action payout is after the book
closure/record date, would be compulsory closed out at higher of 10% above the
official closing price on the auction day or the highest traded price from
first trading day of the settlement till the auction day.
8. CONDITIONS
UNDER WHICH A CLIENT MAY NOT BE ALLOWED TO TAKE FURTHER POSITION OR THE BROKER
MAY CLOSE THE EXISTING POSITION OF A CLIENT
We have margin based RMS system. Client may take exposure up
to the amount of margin available with us. Client may not be allowed to take
position in case of non-availability/shortage of margin as per our RMS policy
of the company. The existing position of the client clear balance is also
liable to square off/close out without giving notice due to shortage of
margin/non/making of payment for their pay-in obligation/outstanding debts.
9. TEMPORARILY
SUSPENDING OR CLOSING A CLIENT'S ACCOUNT AT THE CLIENT'S REQUEST
On the request of the client in writing, the client account
can be suspended temporarily and same can be activated on the written request
of the client only. During the period client account is suspended, the market
transaction in the client account will be prohibited. However client
shares/ledger balance settlement can take place. On the request of the client
in writing, the client account can be closed provided the client account is
settled. If the client wants to reopen the account in that case client has to
again complete the KYC requirement. Stock Broker as a protective measure and also
good
governance carries out internal checks on the transactional
activities in the clients accounts to verify trading in dormant accounts,
trading in illiquid scripts, any manipulated activities by the Client's
(detectable), ECN bounces and trading activities not commensurate with income
declared, other money laundering activities, first time trade in future and
options, spurt in volumes and any other activities which broker may feel is
derogatory/detrimental to the market or client. These activities are carried
out as proactive measures and some of them as various regulatory requirements.
In above cases, Stock Broker may deactivate the client account in the system
for the purpose of further trading activity with or without notice.
10. DEREGISTERING
A CLIENT
Notwithstanding anything to the contrary stated in the
agreement, the stock broker shall be entitled to terminate the agreement with
immediate effect in any of the following circumstances:
(i) If the
action of the client are prima facie illegal/improper or such as to manipulate
the price of any securities or disturb the normal/proper functioning of
securities or disturb the normal/proper functioning of the market, either alone
or in conjunction with others.
(ii) If there
is any commencement of legal process against the client under any law in
force;]
(iii) On the
death/lunacy or other disability of the Client.
(iv) If the
Client suffers any adverse material change in his /her/its financial position
or defaults in any other agreement with the Stock broker;
(v) If there
is reasonable apprehension that the Client is unable to pay its debts or the
client has admitted its inability to pay its debts, as they become payable;
(vi) If the
Client is in breach of any term, condition or covenant of this Agreement;
(vii) If the
client has made any material misrepresentation of facts, including (without
limitation) in relation to the Security;
(viii) If a
receiver, administrator or liquidator has been appointed or allowed to be
appointed of all or any part of the undertaking of the Client;
(ix) If the
Client have taken or suffered to be taken any action for its reorganization,
liquidation or dissolution;
(x) If the
client has voluntarily or compulsorily become the subject of proceedings under
any bankruptcy or insolvency law or being a company, goes into liquidation or
has a receiver appointed in respect of its assets or refers itself to the Board
for Industrial and Financial Reconstruction or under any other law providing
protection as a relied undertaking:
(xi) If any
covenant or warranty of the client is incorrect or untrue in any material
respect;
11. INACTIVE
CLIENT ACCOUNT
Client account will be considered as inactive if the client
does not trade for period of one year. Calculation will be done at the
beginning of every month and those clients who have not traded even a single
time will be considered as inactive. The client has to make written request for
reactivation of their account.
12. CLIENT
ACCEPTANCE OF POLICIES AND PROCEDURES STATED HEREIN ABOVE:
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 circumstance what so
ever. These policies and Procedures may be amended/changes unilaterally by the
broker, provided the change is informed to me/us through any one or more means
or methods. I/we agree never to challenges the same on any grounds including
delayed receipt/non receipt or any other reasons whatsoever. These policies and
Procedures shall always be read along with the agreement and shall be
compulsorily referred to while deciding any dispute/difference or claim between
me/us and stock broker before any court of law/judicial/adjusting authority
including arbitrator mediator etc.
13. RETURN OF
EXCESS SECURITIES:
This is with reference to SEBI Circular
CIR/HO/MIRSD/DOP/CIR/P/2019/75 dated June 20, 2019 and FAQ issued by the
Exchanges on the said Circular, Client may transfer the securities in “Client
Collateral Account/”Collateral Account” towards the margin obligations. Excess
securities of the clients, if any, held in “Client Collateral/Collateral”
account shall be released to clients along with their funds' settlement (i.e.
once in every 30/90 days) after making necessary retention in accordance with
NSE circular NSE/INSP/36889 dated 02-Feb-2018
14. LIQUIDATION
OF SECURITIES IN CASE OF NON- FULFILMENT OF CLIENT'S FUNDS OBLIGATION :
In compliance with SEBI Circular
CIR/HO/MIRSD/DOP/CIR/P/2019/75 dated June 20, 2019 and FAQs issued by the
Exchanges on the said Circular, if the client is not able to fulfill Funds
Obligations, then the unpaid securities shall be transferred to “client unpaid
securities account” either to be disposed-off within 5 trading days from the
date of pay-out or may be transferred to client's demat account as per the Risk
Management (RMS) Policy of the “Globe”.
15. PAYMENT
TERMS:
As per the SEBI Circular CIR/HO/MIRSD/DOP/CIR/P/2019/75
dated June 20, 2019 and FAQ issued by the Exchanges on the said Circular, the
client is required to fulfill the pay-in obligations on or before T+2 day. If
the client fails to meet its funds pay-in obligation on T+2 day, then the
securities shall be liquidated within 5 days from the Pay-out date or returned
to the client as per the RMS policy of the Globe. Profit/loss on the
liquidation of the unpaid securities, if any, shall be transferred to/adjusted
from the respective client account. The losses, if any, incurred due to
liquidation of the unpaid securities shall be adjusted from the other
collaterals of the client deposited with Globe
POLICIES & PROCEDURES -
COMMODITY
1. ILLIQUID
CONTRACTS
A Contract have lack of liquidity and large bid-ask spreads
are generally considered to be highly speculative and risky. Depending on the
market condition and our RMS (Risk Management & Surveillance) policy, RMS
reserves the right to provide the limit in those Contracts and losses if any on
account of such refusal shall be borne by the client.
2. SETTING
UP CLIENT'S TRADING LIMITS
The Broker may from time to time impose and vary limits on
the orders that the client can place through the Broker's trading system
(including exposure limits, turnover limits, limits as to the number, value
and/or kind of Commodities in respect of which orders can be placed etc.) The
client is aware and agree that the Broker may need to vary or reduce the limits
or impose new limits urgently on the basis of the Broker's risk perception and
other factors considered relevant by the Broker including but not limited to
limits on account of Exchange/SEBI directions
/Limits (such as broker level/market level limits in
Commodity specific/volume specific exposures etc.) and the Broker shall not be
responsible for such variation, reduction or imposition in advance. The client
agrees that the Broker shall not be responsible for such variation, reduction
or imposition or the client's inability to route any order through the broker's
trading system on account of any such variation, reduction or imposition of
limits. The client agrees that the Broker may at any time at its sole
discretion and without prior notice, prohibit or restrict the client ability to
place any order or trade in Commodities through the Broker or it may subject to
any order placed by the client to review before its entry into the trading
system and may refuse to execute/allow execution of any order due to but not
limited to the reason of lack of Margin/Commodities or the order being outside
the limits set by the Broker/Exchange/SEBI and any other reason which the
Broker deems appropriate in the circumstances. The client agrees that the
losses, if any, on account of such refusal or due to delay caused by such
refusal or due to delay caused by such review shall be borne exclusively by the
client alone. We have margined based RMS System. Total deposit of the client
are uploaded in the system and the client may take exposure on the basis of
applicable margin for the respective Commodity as per margining system of the
Exchange and/or margin defined by the RMS based on their Risk perception.
Client may take the benefit of “credit for sale” i.e., benefit of Commodities
held in margin by selling the same by selecting delivery option through order
entry window in the trading system, the value of the Commodities sold will be
added with the value of deposit and on the basis of that, client may take fresh
exposure. In case of exposure taken on the basis of shares margin, the payment
is required to be made before the exchange pay-in date otherwise it will be
liable to square off after the pay-in time or any time due to shortage of
Margin.
3. CONDITION
UNDER WHICH A CLIENT MAY NOT BE ALLOWED TO TAKE FURTHER POSITION OR THE BROKER
MAY CLOSE THE EXISTING POSITION OF A CLIENT
The Broker has margin based RMS system. Client may take
exposure up to the amount of margin available with us. Client may not be
allowed to take position in case of non- availability/shortage of margin as per
RMS policy of the company. The existing position of the client is also liable
to square off/close out without prior giving notice due to shortage of
margin/non making of payment for their pay-in obligation/ outstanding debts.
4. APPLICABLE
BROKERAGE RATE
Brokerage will be charged within the limits prescribed by
SEBI/Exchanges.
5. IMPOSITION
OF PENALTY/DELAYED PAYMENT CHARGES Clients will be liable to pay late pay
in/delayed payment charges for not making payment of their paying/margin
obligation on time as per the exchange
requirement/schedule at the rate of 3% per month. The client
agree that the Broker
may impose fine and penalties for the
order/trades/margin/deals/ actions of the clients which is contrary to these
agreement/rules/regulations/bye laws of the exchange or any other law for the
time being in force at such rates and in such form as it may deem fit. Further
where the Broker has to pay any fine or bear any punishment from any authority
in connection with/as a consequence of/in relation to any of the
orders/trades/deals/actions of the client, the same shall be borne by the
client.
6. THE RIGHT
TO SELL CLIENT'S COMMODITIES OR CLOSE CLIENT'S POSITIONS, WITHOUT GIVING NOTICE
TO THE CLIENT, ON ACCOUNT OF NON PAYMENT OF CLIENT'S DUE
Without prejudice to the Brokers other right (Including the
right to refer the matter to arbitration), the Broker shall be entitled to
liquidate/close out all or any of the clients position without giving notice to
the client for non-payment of margins or other amounts including the pay in
obligation, outstanding debts etc and adjust the proceeds of such
liquidation/close out, if any, against the clients liabilities/obligations. The
client shall ensure timely availability of funds/Shares/Commodities (WR’s) in
form and manner at designated time and in designated bank and depository
account(s), for meeting his/her/its pay in obligation of funds and Commodities.
Any and all losses and financial charges on account of such
liquidations/closing out shall be charged to & born by the client. In case
of Shares lying in margin account/client beneficiary account and having
corporate actions like Bonus, Stock split, Right issue etc, for margin or other
purpose the benefit of shares due to received under Bonus, Stock Split, Right
issue etc will be given when the shares is actually received in the Broker
designated demat account. In case the payment of the margin is made by the
client through a bank instrument, the Broker shall be at liberty to give the
benefit/credit for the same only on the realization of the funds from the said
bank instrument etc, at the absolute discretion of the Broker. Where the margin
is made available by way of Commodities or any other property, the Broker is
empowered to decline its acceptance as margin / Commodity &/or to accept it
at such reduced value as the Broker may deem fit by applying haircuts or by
valuing it by making it to market or by any other method as the Broker may deem
fit in its absolute
discretion. The Broker has the right but not the obligation,
to cancel all pending orders and to sell/close/liquidate all open positions at
the pre-defined square off time or when Market to Market (M-T-M) percentage
reaches or crosses stipulated margin. The Broker will have sole discretion to
decide referred stipulated margin percentage depending upon the market
condition. In the event of such square off, the client agrees to bear all the
losses based on actual executed prices, the client shall also be solely liable
for all and any penalties and charge levied by the exchange(s).
7. SHORTAGES
IN OBLIGATION ARISING OUT OF INTERNAL NETTING OF TRADES
Broker shall not be obliged to deliver any Commodities or
pay any money to the client unless and until the same has been received by the
Broker from the exchange, the clearing corporation/clearing house or other
company or entity liable to make the payment and the client has fulfilled
his/her/its obligation first. In case of short delivery by a client, penalty
against the shortages in obligations arising out of
internal meeting of trades as levied by the Exchange shall
be bear by the client.
8. CONDITIONS
UNDER WHICH A CLIENT MAY NOT BE ALLOWED TO TAKE FURTHER POSITION OR THE BROKER
MAY CLOSE THE EXISTING POSITION OF A CLIENT
We have margin based RMS system. Client may take exposure up
to the amount of margin available with us. Client may not be allowed to take
position in case of non- availability/shortage of margin as per our RMS policy
of the company. The existing position of the client clear balance is also
liable to square off/close out without giving notice due to shortage of
margin/non/making of payment for their pay-in obligation/ outstanding debts.
9. TEMPORARILY
SUSPENDING OR CLOSING A CLIENT'S ACCOUNT AT THE CLIENT'S REQUEST
On the request of the client in writing, the client account
can be suspended temporarily and same can be activated on the written request
of the client only. During the period client account is suspended, the market
transaction in the client account will be prohibited. However client
shares/ledger balance settlement can take place. On the request of the client
in writing, the client account can be closed provided the client account is
settled. If the client wants to reopen the account in that case client has to
again complete the KYC requirement. Broker as a protective measure and also
good governance carries out internal checks on the transactional activities in
the clients accounts to verify trading in dormant accounts, trading in illiquid
contracts, any manipulated activities by the Client's (detectable), ECN bounces
and trading activities not commensurate with income declared, other money
laundering activities, spurt in volumes and any other activities which broker
may feel is derogatory/detrimental to the market or client. These activities
are carried out as proactive measures and some of them as various regulatory
requirements. In above cases, Broker may deactivate the client account in the
system for the purpose of further trading activity with or without notice.
10. DEREGISTERING
A CLIENT
Notwithstanding anything to the contrary stated in the
agreement, the Broker shall be entitled to terminate the agreement with
immediate effect in any of the following circumstances:
(i) If the
action of the client are prima facie illegal/improper or such as to manipulate
the price of any Commodities or disturb the normal/proper functioning of
Commodities or disturb the normal/proper functioning of the market, either
alone or in conjunction with others.
(ii) If there
is any commencement of legal process against the client under any law in force
(iii) On the
death/lunacy or other disability of the Client.
(iv) If the
Client suffers any adverse material change in his /her/its financial position
or defaults in any other agreement with the Broker;
(v) If there
is reasonable apprehension that the Client is unable to pay its debts or the
client has admitted its inability to pay its debts, as they become payable;
(vi) If the
Client is in breach of any term, condition or covenant of this Agreement;
(vii) If the
client has made any material misrepresentation of facts, including (without
limitation) in relation to the Commodity;
(viii) If a
receiver, administrator or liquidator has been appointed or allowed to be
appointed of all or any part of the undertaking of the Client;
(ix) If the
Client have taken or suffered to be taken any action for its reorganization,
liquidation or dissolution;
(x) If the
client has voluntarily or compulsorily become the subject of proceedings under
any bankruptcy or insolvency law or being a company, goes into liquidation or
has a receiver appointed in respect of its assets or refers itself to the Board
for Industrial and Financial Reconstruction or under any other law providing
protection as a relied undertaking:
(xi) If any
covenant or warranty of the client is incorrect or untrue in any material
respect;
11. INACTIVE
CLIENT ACCOUNT
Client account will be considered as inactive if the client
does not trade for period of 12 months. Calculation will be done at the
beginning of every month and those clients who have not traded even a single
time will be considered as inactive. The client has to make written request for
reactivation of their account.
12. CLIENT
ACCEPTANCE OF POLICIES AND PROCEDURES STATED HEREIN ABOVE:
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 circumstance what so
ever. These policies and Procedures may be amended/changes unilaterally by the
broker, provided the change is informed to me/us through any one or more means
or methods. I/we agree never to challenges the same on any grounds including
delayed receipt/non receipt or any other reasons whatsoever. These policies and
Procedures shall always be read along with the agreement and shall be
compulsorily referred to while deciding any dispute/difference or claim between
me/us and Broker before any court of law/judicial/adjusting authority including
arbitrator mediator etc.
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General Clause
1. The
Beneficial Owner and the Depository participant (DP) shall be bound by the
provisions of the Depositories Act, 1996, SEBI (Depositories and Participants)
Regulations, 1996, Rules and Regulations of Securities and Exchange Board of
India (SEBI), Circulars/Notifications/Guidelines issued there under, Bye Laws
and Business Rules/Operating Instructions issued by the Depositories and
relevant notifications of Government Authorities as may be in force from time
to time.
2. The DP
shall open/activate demat account of a beneficial owner in the depository
system only after receipt of complete Account opening form, KYC and supporting
documents as specified by SEBI from time to time. Beneficial Owner information
3. The
DP shall maintain all the details of the beneficial owner(s) as mentioned in
the account opening form, supporting documents submitted by them and/or any
other information pertaining to the beneficial owner confidentially and shall
not disclose the same to any person except as required by any statutory, legal
or regulatory authority in this regard.
4. The
Beneficial Owner shall immediately notify the DP in writing, if there is any
change in details provided in the account opening form assubmitted to the DP at
the time of opening the demat account or furnished to the DP from time to time.
Fees/Charges/Tariff
5. The
Beneficial Owner shall pay such charges to the DP for the purpose of holding
and transfer of securities in dematerialized form and for availing depository
services as may be agreed to from time to time between the DP and the
Beneficial Owner as set out in the Tariff Sheet provided by the DP. It may be
informed to the Beneficial Owner that "no charges are payable for opening
of demat account.
6. In case
of Basic Services Demat Accounts, the DP shall adhere to the charge structure
as laid down under the relevant SEBI and/or Depository
circulars/directions/notifications issued from time to time.
7. The DP
shall not increase any charges/tariff agreed upon unless it has given a notice
in writing of not less than thirty days to the Beneficial Owner regarding the
same. Dematerialization
8. The
Beneficial Owner shall have the right to get the securities, which have been
admitted on the Depositories, dematerialized in the form and manner laid down
under the Bye Laws, Business Rules and Operating Instructions of the
depositories. Separate Accounts
9. The DP
shall open separate accounts in the name of each of the beneficial owners and
securities of each beneficial owner shall be segregated and shall not be mixed
up with the securities of other beneficial owners and/or DP's own securities
held in dematerialized form.
10. The DP
shall not facilitate the Beneficial Owner to create or permit any pledge and
/or hypothecation or any other interest or encumbrance over all or any of such
securities submitted for dematerialization and/or held in demat account except
in the form and manner prescribed in the Depositories Act, 1996, SEBI
(Depositories and Participants) Regulations, 1996 and Bye- Laws/Operating
Instructions/Business Rules of the Depositories.
Transfer of Securities
11. The DP
shall effect transfer to and from the demat accounts of the Beneficial Owner
only on the basis of an order, instruction, direction or mandate duly
authorized by the Beneficial Owner and the DP shall maintain the original
documents and the audit trail of such authorizations.
12. The
Beneficial Owner reserves the right to give standing instructions with regard
to the crediting of securities in his demat account and the DP shall act
according to such instructions. Statement of account
13. The
DP shall provide statements of accounts to the beneficial owner in such form
and manner and at such time as agreed with the Beneficial Owner and as
specified by SEBI/depository in this regard.
14. However,
if there is no transaction in the demat account, or if the balance has become
Nil during the year, the DP shall send one physical statement of holding
annually to such BOs and shall resume sending the transaction statement as and
when there is a transaction in the account.
15. The
DP may provide the services of issuing the statement of demat accounts in an
electronic mode if the Beneficial Owner so desires. The DP will furnish to the
Beneficial Owner the statement of demat accounts under its digital signature,
as governed under the Information Technology Act, 2000. However if the DP does
not have the facility of providing the statement of demat account in the
electronic mode, then the Participant shall be obliged to forward the statement
of demat accounts in physical form.
16. In
case of Basic Services Demat Accounts, the DP shall send the transaction
statements as mandated by SEBI and/or Depository from time to time. Manner of
Closure of Demat account
17. The DP
shall have the right to close the demat account of the Beneficial Owner, for
any reasons whatsoever, provided the DP has given a notice in writing of not
less than thirty days to the Beneficial Owner as well as to the Depository.
Similarly, the Beneficial Owner shall have the right to close his/her demat
account held with the DP provided no charges are payable by him/her to the DP.
In such an event, the Beneficial Owner shall specify whether the balances in
their demat account should be transferred to another demat account of the
Beneficial Owner held with another DP or to rematerialize the security balances
held.
18. Based on
the instructions of the Beneficial Owner, the DP shall initiate the procedure
for transferring such security balances or rematerialize such security balances
within a period of thirty days as per procedure specified from time to time by
the depository. Provided further, closure of demat account shall not affect the
rights, liabilities and obligations of either the Beneficial Owner or the DP
and shall continue to bind the parties to their satisfactory completion.
Default in payment of charges
19. In event
of Beneficial Owner committing a default in the payment of any amount provided
in Clause 5 & 6 within a period of thirty days from the date of demand,
without prejudice to the right of the DP to close the demat account of the
Beneficial Owner, the DP may charge interest at a rate as specified by the
Depository from time to time for the period of such default.
20. In case
the Beneficial Owner has failed to make the payment of any of the amounts as
provided in Clause 5&6 specified above, the DP after giving two days notice
to the Beneficial Owner shall have the right to stop processing of instructions
of the Beneficial Owner till such time he makes the payment along with
interest, if any.
Liability of the Depository
21. As per
Section 16 of Depositories Act, 1996,
1. Without
prejudice to the provisions of any other law for the time being in force, any
loss caused to the beneficial owner due to the negligence of the depository or
the participant, the depository shall indemnify such beneficial owner.
2. Where the
loss due to the negligence of the participant under Clause (1) above, is
indemnified by the depository, the depository shall have the right to recover
the same from such participant.
Freezing/ Defreezing of accounts
22. The Beneficial
Owner may exercise the right to freeze/defreeze his/her demat account
maintained with the DP in accordance with the procedure and subject to the
restrictions laid down under the Bye Laws and Business Rules/Operating
Instructions.
23. The DP or
the Depository shall have the right to freeze/defreeze the accounts of the
Beneficial Owners on receipt of instructions received from any regulator or
court or any statutory authority.
Redressal of Investor grievance
24. The DP
shall redress all grievances of the Beneficial Owner against the DP within a
period of thirty days from the date of receipt of the complaint.
Authorized representative
25 If the Beneficial Owner is a body corporate or a legal
entity, it shall, along with the account opening form, furnish to the DP, a
list of officials authorized by it, who shall represent and interact on its
behalf with the Participant. Any
change in such list including additions, deletions or
alterations thereto shall be forthwith communicated to the Participant.
Law and Jurisdiction
26. In
addition to the specific rights set out in this document, the DP and the
Beneficial owner shall be entitled to exercise any other rights which the DP or
the Beneficial Owner may have under the Rules, Bye Laws and Regulations of the
respective Depository in which the demat account is opened and
circulars/notices issued there under or Rules and Regulations of SEBI.
27. The
provisions of this document shall always be subject to Government notification,
any rules, regulations, guidelines and circulars/notices issued by SEBI and
Rules, Regulations and Bye-laws of the relevant Depository, where the
Beneficial Owner maintains his/ her account, that may be in force from time to
time.
28. The
Beneficial Owner and the DP shall abide by the arbitration and conciliation
procedure prescribed under the Bye-laws of the depository and that such
procedure shall be applicable to any disputes between the DP and the Beneficial
Owner.
29. Words and
expressions which are used in this document but which are not defined herein
shall unless the context otherwise requires, have the same meanings as assigned
thereto in the Rules, Bye-laws and Regulations and circulars/notices issued
there under by the depository and /or SEBI
30. Any
changes in the rights and obligations which are specified by SEBI/Depositories
shall also be brought to the notice of the clients at once.
31. 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 Depository, where the Beneficial Owner maintains his/her account, such
changes shall be deemed to have been incorporated herein in modification of the
rights and obligations of the parties mentioned in this document.
TERMS & CONDITIONS
1. Client
agrees to set off outstanding in any of his/her/its accounts against credits
available or arising in any other accounts maintained with Broker irrespective
of the fact that such credits in the accounts may pertain to transactions in
any segment of the Exchange or in any other Exchange and/or against the value
of cash margin or collateral shares provided to Broker.
2. Client
authorises the Broker not to provide Order Confirmation/
Modification/Cancellation Slips and Trade Confirmation Slips to avoid
unnecessary paper work. Client shall get the required details from contract
notes issued by Broker.
3. Client
authorises Broker to keep all securities which Client has given in margin
including the payout securities received by Broker for meeting margin/order
obligation in any of the Stock Exchanges/Clearing House/Clearing Corporation in
whatever manner which may include pledging of shares in favor of bank and/or
taking loan against the same or meeting margin/pay-in obligation on client's
behalf or for giving the same as margin to any of the stock exchanges/ clearing
house/clearing corporation or otherwise. Further, Client shall when called upon
to do so forthwith from time to time provide a Margin Deposit and/or furnish
additional Margin as required under the Rules and Regulations in respect of the
business done by the Client and/or as agreed upon by Client with the Trading
Member.
4. Client
authorises broker to retain credit balance in any of his/her/its account and to
use the unused funds towards his/her/its margin/future obligation at any or
both the Exchanges unless the client instruct otherwise. Client also authorize
broker to debit the necessary demat charges from time to time, for keeping the
shares in Broker client demat beneficiary account on Client's behalf. Client
also agrees to debit the charges @2% p.m., for the debit balances or delay
payment charges at the rate prescribed by exchange for shortage in margin/debit
balances, if any, in client's account and not settled as per the exchange
requirements.
5. Client
agrees and permit the stock broker to retain Securities in their demat account
for his/her/its margin/future obligations at all Exchanges, unless the client
instructs the stock broker to transfer the same to his/her/its account.
6. Client
agrees and permits the stock broker to consider his/her/its telephonic
instructions for order placing/order modification/order cancellation as a
written instruction and permit to provide all the confirmation on telephonic
unless instructed otherwise in writing.
7. Client
authorises the stock broker/exchange/other regulatory authority to
send/dispatch contract notes/e-mail alert/other documents through e-mail on
his/her/its designated e-mail address mentioned in KYC. Client shall completely
rely on the log reports of dispatching software as a conclusive proof of
dispatch of e-mail to the client and shall not dispute on the same.
Non-receipt of bounced mail notification by the stock broker
shall amount to delivery of the contract note at e-mail ID of the client.
8. Client
shall inform the stock broker change of his/her/its email ID.
10. The client
shall not sublet the trading terminal on any term of connectivity from
his/her/its place to any other place without prior approval of stock broker.
11. The client
agrees and permits the stock broker for inter-settlement transfer of securities
towards settlement.
12. The client
agrees and authorises the stock broker to with hold funds pay-out towards all
the applicable margins and debits.
13. Client
understands and permits to recover all fines/penalties and charges levied upon
trading member due to client's acts / deeds or transaction
14. Client
permits and authorises to debit the charges relevant with depository services
from client's trading account. The client also agrees to maintain the adequate
balance in his/her/its trading account/ pay adequate advance fee for the said
reason.
15. Client
permits and authories the stock broker to discontinue sending contract
note/other documents/details/information on client's email ID if contract notes
get bounced for more than 5 times and to start sending physical documents. The
client also permits and authories to charge administrative/other charges for
the same.
16. The Stock
Broker may from time to time amend these terms and conditions if required, for
complying with any change in Statute, Regulation or with the requirements of
any competent authority without the consent of the Client. The Stock Broker may
from time to time amend the terms and conditions with the intimate of the
Client. The amended terms and conditions shall be
intimated in advance to the Client by the Stock Broker
atleast 7 days or such other period as may be prescribed by SEBI. In case the
Client continues to deal with the Stock Broker subsequent to the intimations of
such amendments, the Client agrees and acknowledges that it shall be deemed
that the Client is agreeable to the new clauses. However, if the Client is not
agreeable to such new terms and conditions, the Client has the right to
terminate the relationship with the Stock Brokers as per rights &
obligation prescribed by SEBI through communication in writing subject to the
meeting of the financial and other obligations under these terms and conditions
or any other agreement / arrangement.
17. In case
any one or more of the provisions contained in the terms and conditions 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 any way be affected or impaired thereto
18. The Client
confirms having read and understood these terms and conditions and those
relating to various services and products and accepts and agrees to be bound by
all the terms and conditions including those excluding /limiting the Stock
Broker's and Exchange's liabilities
19. Trading in
the Exchange is in Electronic Mode, based on VAST, leased line, ISDN, Modem and
VPN, combination of technologies and computer systems to place and route
orders. Client understand that there exists a possibility of communication
failure or system problems or slow or delayed response from system or trading
halt or any break down in our back office/front and system, or any such other
problems/glitch whereby not being able to establish access to the trading
system/network, which may be beyond your control and may result in delay in
processing or not processing buy or sell Orders either in part or in full.
Client shall be fully liable and responsible for any such problem/fault.
INTERNET TRADING - TERM AND CONDITIONS
The Stock Broker offers and/or proposes to offer the
Internet Trading Service to its Clients; and the Client desires to avail of the
Stock Broker's internet trading service for purchasing, selling or otherwise
dealing in securities subject to the terms and conditions set out herein the
client shall be deemed to have read, understood and agreed to the following
terms and conditions in the event the Client avails the Internet Trading
service provided by the Stock Broker:
1. DEFINITIONS:
1. In these
terms and conditions (including the recitals above), unless the context
otherwise requires the following words shall have the following meanings:
(I) “Exchange
Provisions” means the Rules, Byelaws, Regulations, Business Requirements,
specification, handbooks, notices, circulars and resolutions of the exchange or
any segments of the
(II) Exchange
in force from time to time. “Internet Trading” means Internet based Trading
through Order Routing system, being a system approved by the Exchange for
enabling clients to route their order to Stock Broker over the internet.
(III) “Internet Trading
Account Application” means
the Client Registration form
along with the other supporting documents submitted by the Clients to the Stock
Broker to permit the Client to avail of the Stock Broker's Internet Trading
Service.
(IV) “Internet
Trading Service” or “Service” means the service offered by the Stock Broker to
its clients through Internet Trading where under the clients can route their
orders for purchase, sale and other dealings in Securities though the Stock
Broker's Internet Trading System.
(V) “Password”
means and alphanumeric code used by the Client to validate his/her username and
access the Service.
(VI) “Stock
Broker's on the Internet Trading Website” means the web site hosted by the
Stock Broker on the internet through which the Stock Broker offers the Internet
Trading Service and includes the hardware and software used for hosting and
supporting the Website or any other system through which Stock Broker offers
the Internet Trading Service.
(VII) “Username”
means an alphanumeric login identification used by the Client for accessing the
Service.
2. INTERNET
TRADING SERVICE:
The Stock Broker provides the internet Trading Service to
the Client subject to these terms and conditions and the provisions of the
rights & obligations of stock broker, the exchange provisions, SEBI
guidelines and the terms of the Website through which Internet Trading Service
is provided. The Stock Broker shall be entitled to / alter these terms and
conditions and the same shall be deemed to be a notice to the Client. The use
of Internet Trading acceptance by the Client of said terms and conditions
including any modifications / alteration thereto.
3. USER NAME
AND PASSWORD
3.1 The Client
will be entitled to a username and password, which will enable him to access
the Stock Broker 's Internet Trading Website for availing of the Internet
Trading Service.
3.2 The Client
is aware that the Stock Broker 's Internet Trading Website itself generates the
initial password encrypts and passes on the password to the client. The Client
agrees and undertakes to immediately change his initial password upon receipt
thereof and subsequently to change his password with the period stipulated by
the Stock Broker. The Client is aware that subsequent passwords are not known
or available to the Stock Broker
3.3 The Client
shall be responsible for keeping the username and password confidential and
secure and shall be solely responsible for all orders entered and transactions
done by any person whosoever through the Stock Broker's Internet Trading
Website using the Client's Username and/or password whether or not such person
was authorized to do so.
3.4 The Client
shall immediately inform the Stock Broker of any unauthorized use of the
Client's Username or Password with full details or such unauthorized use
including the date of such unauthorized use, the manner in which it was
unauthorized used, the transactions effected pursuant to such unauthorized use
etc.
3.5 The Client
acknowledges that he is fully aware of and understands the risks associated
with availing of a service for routing orders over the internet including the
risk of misuse and unauthorized use of his username and/or password by a third
party and the risk of a person hacking into the Client's account on the Stock
Broker's Internet Trading Website and unauthorized routing orders on behalf of
the Client through the System. The Client shall be fully liable and responsible
for any and all unauthorized use and misuse of his password and/or username and
also for any and all acts done by any person through Stock Broker's Internet
Trading Website on the Client's username in
any manner whatsoever. The Client undertakes to ensure that
the password of the Client and/or his authorized representative are not
revealed to any third party including employee/representative of the member.
3.6 The Client
shall log off from the Stock Broker Internet Trading Website at any time the
Client is not accessing or using the Internet Trading service and any liability
incurred to the Client as a consequence of the Client not logging off the
service shall borne solely by the Client.
3.7 Without
prejudice to the provisions of Clause 3.5, the Client shall immediately notify
the Stock Broker in writing with full details if:
(i) He
discovers or suspects unauthorized access through his User name, Password or
account.
(ii) He
notices discrepancies that might be attributable to unauthorised access.
(iii) He
forgets his password or
(iv) He
discovers a security flaw in the Stock Broker's Internet Trading Website.
In any of the above events specified in clause 3.7, the
Client shall immediately change his password. However, if the Client is unable
to change his password by reason of his having forgotten his password or his
password having been unauthorized changed by some other person or for any other
reason then the Client shall immediately request the Stock Broker in writing to
discontinue his password; and there upon the Stock Broker shall block the login
to discontinue the use of the Client's password and Stock Broker's Internet
Trading Website shall generate a new password for the Client which shall be
communicated to the Client. At no point in time shall the Stock Broker be
liable for any loss, whether notional or actual, that may be suffered by the
Client on account of the misuse of the password.
TECHNICAL & FUNDAMENTAL RESEARCH REPORTS ON DERIVATIVES
(TFR)
Caution: Trading in the capital/derivatives/currency
segments using Technical Charts or Short Term Indicators involves high risk and
requires skill, experience and
knowledge of the capital/derivatives/currency segments.
Certain transactions including those involving Futures,
options & other derivatives as well as other non-investment grade
securities contain substantial risk and are not suitable for all investors.
STOP LOSS ORDERS help limit loss but even placing contingent orders, such as
“stop-loss “or “stop-limit” orders will not necessarily limit your losses to
the intended amounts, and it is important that only a small portion of your
corpus is allocated to such trading. Leverage can lead to large losses as well
as gains. You may sustain a total loss of the initial margin funds and any
additional funds that you deposit with us to establish or maintain a position,
and you may incur losses beyond your initial investment.
TERMS AND CONDITIONS (TFR)
Globe Capital Market Limited (GCML) will, at its discretion,
provide its trading call, based on Technical and Fundamental Research as also
market news to its clients either in the form of a written market commentary or
research report sent in e mail, fax form, SMS or through postal or courier
service. A brief extract of the TFR reports may also be sent, on enrolment, in
SMS, e-mail or fax form.
To avail of TFR reports, clients are required to understand,
confirm & accept the following:
1. Clients
have read and understood in full the terms and conditions contained in the
member client agreement and risk disclosure documents provided therein. Clients
are also to read and understood the important disclosures and disclaimers
forming part of each report.
2. TFR
reports are of general information for clients of GCML. They do not constitute
a personal recommendation or take into account the particular investment
objectives, financial situations, or needs of the individual clients.
3. No
information published in TFR Reports constitute a solicitation or offer, or any
kind of recommendation, to buy or sell any Investment instruments, to effect
any transactions, or to conclude any legal act of any kind whatsoever and the
risk of loss on the basis of information published in TFR reports can be substantial.
Clients should, therefore, carefully consider whether such trading is suitable
for them in light of their circumstances and financial resources.
4. The
information published and opinions expressed are provided by GCML for personal
use and for informational purposes only and are subject to change without
notice, GCML makes no representation (either express or implied) that the
information and opinions expressed in TFR Reports will be accurate, complete or
up to date. The stated price of any securities mentioned in TFR Reports will be
as of the date indicated and is not a representation that any transaction can
be effected at this price. Neither GCML nor other persons shall be liable for
any direct, indirect, special, incidental, consequential, punitive or exemplary
damages, including lost profits arising in any way from the information
contained in TFR Reports.
5. GCML will
exercise due diligence in checking the correctness and authenticity of the
information contained in TFR Reports, but GCML or any of its affiliates or
directors or officers or employees shall not be in any way responsible for any
loss or damage that may arise to any person from any inadvertent error in the
information contained in TFR Reports or any action taken on basis of TFR Reports.
Price and value of the securities forming part of TFR Reports may go up or
down. Past performance is not a guide for future performance.
6. GCML may
use brand names for all or any of TFR reports. Such names would represent the
brand and not the nature or feature of TFR reports.
7. TFR
reports will include commentary on derivatives trading, technical, fundamental
analysis and limited review of Stocks and may not be based on comprehensive or
fundamental of the stocks.
8. GCML has
two independent equity research groups: Institutional Equities Research Group
and Private Client Group. The Private Group is responsible for the preparation
of TFR Reports. A designated team from the Private Research Group also prepares
reports based on fundamental evaluation of companies. The views and opinions
expressed in TFR Reports may or may not match or may be contrary with the
views, estimates, rating, target price, of reports of the Institutional
Research Group and Private Client Group dealing in fundamental research. Further,
there may be a contrary view within the TFR Reports with regard to estimates,
rating, target price as evaluation are based on different criteria.
9. The
contents of the TFR Reports cannot be copied, reproduce, republished, uploaded,
posted, transmitted or distributed for any non-personal use without obtaining
prior permission from GCML.
10. The
proprietary trading and investment businesses of the Globe Group may make
investment decisions that are inconsistent with the views expressed in
the TFR reports.
11. GCML and
its affiliates, officers, directors, and employees world-wide may:
(a) from time
to time, have long or short positions in, and buy or sell the stocks mentioned
in the TFR Reports or
(b) Be engaged
in any other transaction involving such securities and earn brokerage or other
compensation or have other potential conflict of interest with respect to any
view and related information and opinions mentioned in TFR Reports,
12. GCML
reserves the option to provide all or any of the TFR reports and the right to
suspend or vary the whole or any part of the same for any reason, at any time
at its sole discretion.
13. Clients
who enroll for SMS/e-mail/Fax delivery of brief extract of TFR reports are
required to read the full reports.
14. GCML does not
guarantee completeness, error, delay, interruption or timeliness or delivery in
whole or in part of any of the TFR reports or their extracts. The same is
provided on an “as-is” and “as-available” basis.
15. Investors
should not solely rely on the information contained in these TFR reports and
must make investment decisions based on their own investment objectives, risk
appetite, investment horizon, financial strength or other parameters. The
client should take their own professional advice or consult SEBI registered
Investment Adviser for these specific investment related advice/requirements
and/or before acting on this information.
ANTI MONEY LAUNDERING AWARNESS - EDUCATING CLIENTS ABOUT AML
PROVISIONS
This is must read/ understood and to be complied by every
one dealing/ desirous in dealing in Capital and / or Derivatives (including
Currency Derivative)
1. Prevention
of Money Laundering Act, 2002 (PMLA) is enacted to prevent the financing of
terrorism and to prevent laundering of money i.e. to prevent legalizing or
officializing or canalizing the money generated from illegal activities like
drug trafficking, organized crimes, hawala rackets and other serious crimes
etc.
2. PMLA is a
part of the Global measures being taken by all the countries under the initiatives
of United Nations.
3. It is an
obligation of individual/entities to whom PMLA is applicable, to report certain
kind of transactions routed through them to Financial Intelligence Unit (FIU),
a department specially set up to administer PMLA under the Ministry of Finance.
4. PMLA is,
inter-alia, applicable to various intermediaries which includes stock brokers,
commodity brokers, sub-brokers, authorised person and depository participant
etc.
5. As per
PMLA the following type of transaction are to be reported to FIU: -
(A) All
cash transactions of the value of more than `.10 Lacs or its equivalent in
foreign currency.
(B) All series
of cash transactions integrally connected to each other which have been valued
below `. 10 Lacs or its equivalent in foreign currency where such series of
transactions takes place within one calendar month.
(C) All
suspicious transactions whether or not made in cash and including, inter-alia,
credits or debits into any non monetary accounts such as demat account.
6. Any such
above transaction(s), though not executed but attempted and failed are also
required to be reported
7. The
suspicious transaction(s) can be related to the transaction(s) under the
circumstances such as: -
(A) Client(s)
whose identity verification seems difficult or client(s) that appear not to
co-operate;
(B) Asset
management services for client(s) where the source of the funds is not clear or
not in keeping with client(s) apparent standing /business activity;
(C) Client(s)
based in high risk jurisdictions;
(D) Substantial
increases in business without apparent cause;
(E) Client(s)
transferring large sum of money to or from overseas locations with instructions
for payment in cash;
(F) Attempted
transfer of investment proceeds to apparently unrelated third parties;
(G) Businesses
undertaken by offshore banks/financial services;
(H) Businesses
reported to be in the nature of export/import of small items;
(I) Unusual
transactions by Clients of Special Categories (CSCs).
8. Clients
of Special Categories includes: -
(A) Non-resident
client;
(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;
9. While
opening the new account all the prescribed procedures of KYC and Client
Identifications should strictly be followed in the context of ensuring the
compliance under PMLA.
10. All the
record of transaction(s) and client identifications must be preserved in a
manner which can be retrieved promptly and reported to the authorities in the
specified format as and when required.
11. The
Clients are advised to be fully conversant with the provisions of PMLA and any
amendments thereto from time to time and to co-operate with intermediaries by
providing the additional information(s)/document(s), if asked for, to ensure the
compliance requirements under PMLA.
12. The Client
are advised to provide certain information which may be of personal nature or
has hitherto never been called for such information can include documents
evidencing source of funds/income taxreturns/bank records etc. You are advised
to co-operate with us whenever such information is sought for from PMLA
perspective.
13. The
Clients are advised to be vigilant and to refrain from temptation of easy
monetary gains, by knowingly or unknowingly supporting the people who are
involved in the activities which are endangering freedom and causing damage to
the nation. The Clients are supposed to provide their active co- operation in
the due compliance of the law.
14. Please
visit the website of Financial Intelligence Unit (www.fiuindia.gov.in) and
Securities and Exchange Board of India (www.sebi.gov.in) for any further
information on the subject.
Pro Disclosure
In pursuance of SEBI Circular No. SEBI/MRD/SE/ Cir-42/2003
dated November 19, 2003, with a view to increase the transparency in the
dealings between the trading member and their Clients, all trading members are
required to disclose to his clients whether they do Client based business or
proprietary.
This is to inform you that we do client based trading and
Pro-account Trading in National Stock Exchnage of India Ltd (NSE)/Bombay Stock
Exchange of India Ltd.(BSE) and Metropolitan Stock Exchange of India Limited
(MSEI)
Email Mobile Declaration
Client agrees to receive communications pertaining to
trading and demat account like Trade Confirmations, Contract Notes, MTM
Obligation, Margin Calls, transactions and holding statement or any other
communication including the call from Globe etc to his/her/its mobile
number/Email registered with Globe . Client also aware that the Commodity
Exchanges and Depository have been pursuing a process of confirming the
transaction details directly to the Clients via SMS and Email alerts which they
have carried out through their respective Stock Broker. Accordingly, Client
accord his/her/it's consent to receive those SMS as well as Emails alerts
directly from the Exchanges/Depositories. Client hereby agrees and authorizes
Globe to share the contact details with Exchanges/Depositories/KRAs and/or
other regulatory Authority.
=-============================
FATCA & CRS TERMS AND
CONDITIONS - FOR INDIVIDUAL
The Central Board of Direct Taxes has notified Rules 114F to
114H, as part of the Income tax Rules, 1962, which require Indian financial
institutions to seek additional personal, tax and beneficial owner information
and certain certifications and documentation from all our unit holders. In
relevant cases, information will have to be reported to tax authorities /
appointed agencies. Towards compliance, we may also be required to provide
information to any institutions such as withholding agents for the purpose of
ensuring appropriate withholding from the folio(s) or any proceeds in relation
thereto.
Should there be any change in any information provided by
you, please ensure you advise us promptly, i.e., within 30 days.
Please note that you may receive more than one request for
information if you have multiple relationships with us or our group entities.
Therefore, it is important that you respond to our request, even if you believe
you have already supplied any previously requested information. It is mandatory
to supply a TIN or functional equivalent if the country in which you are tax
resident issues such identifiers. If no TIN is yet available or has not yet
been issued, please provide an explanation and attach this to the form.
In case investor has the following Indicia pertaining to a
foreign country and yet declares self to be non-tax resident in the respective
country, investor to provide relevant Curing Documents as mentioned below:
FATCA/ CRS Indicia observed (ticked)
Documentation required for Cure of FATCA/ CRS indicia
U.S. place of birth 1. Self-certification that the account
holder is neither a citizen of United States of America nor a resident for tax
purposes;
2. Non-US
passport or any non-US government issued document evidencing nationality or
citizenship (refer list below); AND
3. Any one
of the following documents:
a. Certified
Copy of “Certificate of Loss of Nationality or
b. Reasonable
explanation of why the customer does not have such a certificate despite
renouncing US citizenship; or
Reason the customer did not obtain U.S. citizenship at birth
Residence/mailing address in a country other than India 1. Self-certification that the account holder is neither a
citizen of United States of America nor a tax resident of any country other
than India;
and
2. Documentary
evidence (refer list below)
Telephone number in a country other than India If no Indian telephone number is
provided
1. Self-certification
that the account holder is neither a citizen of United States of America nor a
tax resident of any country other than India; and
2. Documentary
evidence (refer list below)
If Indian telephone number is provided along with a foreign
country telephone number
1. Self-certification
(in attached format) that the account holder is neither a citizen of United
States of America nor a tax resident for tax purposes of any country other than
India; OR
2. Documentary
evidence (refer list below)
Standing instructions to transfer funds to an account
maintained in a country other than India (other than depository accounts) 1. Self-certification
that the account holder is neither a citizen of United States of America nor a
tax resident of any country other than India; and
2. Documentary
evidence (refer list below)
List of acceptable documentary evidence needed to establish
the residence(s) for tax purposes:
1. Certificate
of residence issued by an authorized government body*
2. Valid
identification issued by an authorized government body* (e.g. Passport,
National Identity card, etc.)
* Government or agency thereof or a municipality of the
country or territory in which the payee claims to be a resident.
ACKNOWLEDGEMENT TO GLOBE FROM CLIENT
To,
GLOBE CAPITAL MARKET LTD.
609, Ansal Bhawan, 16 K.G, Marg, Connaught Place, New
Delhi-110001
Date :
I/we hereby confirm that I/we have read, understood, agreed
and received a duly executed copy of the:-
• Account
Opening Form
• Trading
Account Related Details & Tariff Sheet (Trading & Demat Account)
• Rights
and Obligations of Stock Brokers, Sub-Brokers and Clients
• Rights
and Obligations of Beneficiary owner and Depository Participant as prescribe by
SEBI and Depository
• Internet
and Wireless technology based trading facility provided by Stock Brokers to
Client
• Risk and
Disclosure document for capital market and derivative segments
• Guidance
note-Do's and Don't for trading on the Exchange(s) for Investors
• Policies
and procedures
• Terms
& Conditions as Mutually agreed by me & FATCA & CRS Terms &
Conditions
• Other
disclosure/documents as agreed by me specifically in voluntary segment.
• Copy of
POA (Power of Attorney)
I/we am/are abiding by these terms & conditions. I/we
reconfirm that I/we and stock broker shall refer any claim and/or disputes with
respect to deposits, margin money, etc, to arbitration as per the Rules,
Byelaws, and Regulation of the Exchanges where the trade is executed and
circulars/notices issued there under as may be in force from time to time.
I/We reconfirm that I/we and Stock Broker shall refer all
claims, differences or disputes between us arising out of or in relation to
dealings, contracts and transaction made subject to the Bye-Laws, Rules and
Regulations of the Exchange or with reference to anything incidental thereto or
in pursuance thereof or relating to their validity, construction,
interpretation, fulfillment or the rights, obligations and liabilities of the
parties thereto and including any question of whether such dealings,
transactions and contracts have entered into to arbitration in accordance with
the provisions of these Byelaws and Regulations.
I/We further confirm having read and understood the contents
of the Rights and Obligations', Policies & Procedures document(s) and 'Risk
Disclosure Document', ‘Do’s and Dont’s’. I/We do hereby agree to be bound by
such provisions as outlined in these documents. I/we have read, understood,
agreed and received a duly executed copy of the:- • Account Opening Form,
Trading Account Related Details and Tariff Sheet • Other disclosure/documents
as agreed by me/us specifically in voluntary segment. • Terms & Conditions
as mutually agreed by me/us • FATCA & CRS Terms & Conditions • Option
Consent Letter • Other disclosure/documents as agreed by me/us specifically in
voluntary segment. 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.
Select and Sign against the Segment of Exchange in which
Trading facility required:
1. I/We are
interested to trade into commodity options and hereby accord my/our consent to
trading in commodity options.
2. I/We have
gone through the additional risk disclosure document and have appraised
myself/ourselves with the risk of trading in commodity options.
3. This
consent is valid till I/we revoke the same. I/We understand that I/we have
right to withdraw the same at any point of time.
# 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.
==========================================================================================
GENERAL AUTHORISATION BY THE CLIENT
GLOBE CAPITAL MARKET LIMITED
609, Ansal Bhawan, 16, K.G. Marg, Connaught Place, New
Delhi-110001
A. VERBAL ORDER
ACCEPTANCE AUTHORISATION
Date :
I/we am dealing with you as client at NSE/BSE/MSEI in
Capital, Derivative & Currency Derivative Segment. As my/our broker i.e.
agent I/We direct and authorize you to carry out trading/ dealing on my/our
behalf as per instruction given below.
I/We agree and acknowledge that it is advised by you that
I/We should give instruction for order placement/ modification and cancellation
in writing and to avoid disputes, I/We must give instruction in exactly the
format in duplicate (carbon copy/ photocopy only) and take signatures of at
least two authorized officers at the branch along with company stamp on the
carbon copy/ photocopy of the instructions in acknowledgment of receipt of my
our instructions.
However as I/We shall be dealing by ordering over phone and
even if we visit the branch, the fluctuations in market are so rapid the it is
not practical to give written instructions for order placement/modification and
cancellation, I/We hereby authorize you to accept my/our authorized
representative's verbal instructions for order placement/modification and
cancellation in person or over phone (fixed line/mobile phone) and execute the
same. I/ We understand the risk associated with verbal orders and accept the
same, and agree that I/We shall not be entitled to disown orders and consequent
trades (if any) by shifting the burden of proof by asking you to prove the
placement/modification and cancellation of orders through telephone recording
or otherwise.
I/We shall be liable for all losses, damages and actions
which may arise as a consequence of your adhering to and carrying out my/our
directions given above.
B. FIT AND PROPER
PERSON DECLARATION
As per Regulation 19(1) of Securities Contracts (Regulation)
(Stock Exchanges and Clearing Corporations) Regulations, 2012 (SECC
Regulations) which states that no person shall, directly or indirectly, acquire
or hold equity shares of a recognised Stock Exchange or recognised Clearing
Corporation unless he is a fit and proper person in terms of Regulation 19 and
20 of the said SECC Regulations.
Regulations 19 and Regulations 20 as prescribed by SEBI
(herein referred as “Board”) are reproduced below:
A. Eligibility
for acquiring or holding shares.
(1) No person
shall, directly or indirectly, acquire or hold equity shares of a recognised
stock exchange or recognised clearing corporation unless he is a fit and proper
person.
(2) Any person
who, directly or indirectly, either individually or together with persons
acting in concert, acquire equity shares such that his shareholding exceeds two
per cent of the paid up equity share capital of a recognised stock exchange or
recognised clearing corporation shall seek approval of the Board within fifteen
days of the acquisition.
(3) A person
eligible to acquire or hold more than five per cent of the paid up equity share
capital under sub- regulation (2) of regulation 17 and sub-regulation (2) of
regulation 18 may acquire or hold more than five per cent of the paid up equity
share capital of a recognized stock exchange or a recognised clearing
corporation only if he has obtained prior approval of the Board.
(4) Any person
holding more than two per cent. of the paid up equity share capital of the
recognised stock exchange or the clearing corporation on the date of
commencement of these regulations, shall ensure compliance with this regulation
within a period of ninety days from the date of such commencement.
(5) If
approval under sub-regulation (2) or (3) is not granted by the Board to any
person, such person shall forthwith divest his excess shareholding.
(6) Any person
holding more than two per cent. of the paid up equity share capital in a
recognised stock exchange or a recognised clearing corporation, as the case may
be, shall file a declaration within fifteen days from the end of every financial
year to the recognised stock exchange or recognised clearing corporation, as
the case may be, that he complies with the fit and proper criteria provided in
these regulations.
B. Fit and
proper criteria.
(1) For the
purposes of these regulations, a person shall be deemed to be a fit and proper
person if—
(a) such
person has a general reputation and record of fairness and integrity, including
but not limited to—
(i) financial
integrity;
(ii) good
reputation and character; and
(iii) honesty;
(b) such person
has not incurred any of the following disqualifications—
(i) the
person, or any of its whole time directors or managing partners, has been
convicted by a court for any offence involving moral turpitude or any economic
offence or any offence against the securities laws;
(ii) an order
for winding up has been passed against the person;
(iii) the
person, or any of its whole time directors or managing partners, has been
declared insolvent and has not been discharged;
(iv) an order,
restraining, prohibiting or debarring the person, or any of its whole time
directors or managing partners, from dealing in securities or from accessing
the securities market, has been passed by the Board or any other regulatory
authority, and a period of three years from the date of the expiry of the
period specified in the order has not elapsed;
(v) any other
order against the person, or any of its whole time directors or managing
partners, which has a bearing on the securities market, has been passed by the
Board or any other regulatory authority, and a period of three years from the
date of the order has not elapsed;
(vi) the person
has been found to be of unsound mind by a court of competent jurisdiction and
the finding is in force; and
(vii) the person
is financially not sound.
(2) If any
question arises as to whether a person is a fit and proper person, the Board's
decision on such question shall be final.
I/we hereby declare that, I/we am/are fit & Proper
person as per the above rules & Regulations of the SEBI.
C. GENERAL
AUTHORITY
Sub: Letter of Authority
I/we dealing with you as client at NSE/BSE/MSEI in Capital,
Derivative & Currency Derivative Segment and in order to facilitate ease of
operations, I/We authorise you as under :
1. I/We
authorise you to set off outstanding in any of my/our accounts against credits
available or arising in any other accounts maintained with you irrespective of
the fact that such credits in the accounts may pertain to transactions in any
segment of the Exchange or in any other exchange and/or against the value of
cash margin or collateral shares provided to you by me/us.
2. I/We
hereby authorise you not to provide me/us Order Confirmation/ Modification /
Cancellation Slips and Trade Confirmation Slips to avoid unnecessary paper
work. I/We shall get the required details from contract notes issued by you.
3. I/We
hereby authorise you to keep all securities which I/We have given you in margin
including the payout securities received by us for meeting margin/order
obligation in any of the stock exchanges/clearing house/clearing corporation in
whatever manner which may include pledging of shares in favor of bank and/or
taking loan against the same or meeting margin/pay-in obligation on my/our
behalf or for giving the same as margin to any of the stock exchanges/ clearing
house/clearing corporation or otherwise. Further, I/We shall when called upon
to do so forthwith from time to time provide a Margin Deposit and/or furnish
additional Margin as required under the Rules and Regulations in respect of the
business done by me and/or as agreed upon by me with the Trading Member.
4. I/We
request you to retain credit balance in any of my/our account and to use the
unused funds towards my/our margin/future obligation at any or all the
Exchanges unless I/We instruct you otherwise. I/We also authorize you to debit
the necessary demat charges from time to time, for keeping the shares in your
client demat beneficiary account on my behalf. I/We also authorise you to debit
the financial charges @2% p.m., for the debit balances or delay payment charges
at the rate prescribed by exchange for shortage in margin/debit balances, if
any, in my account and not settled as per the exchange requirements.
5. I/We
request you to retain Securities in your demat account for my/our margin/future
obligations at all Exchanges, unless I/We instruct you to transfer the same to
my/our account.
6. I/We
request you to consider my/our telephonic instructions for order placing/order
modification/order cancellation as a written instruction and give me/us all the
confirmation on telephonic unless instructed otherwise in writing. I/We am/are
getting required details from contracts issued by you.
7. We
request that you/exchange/other regulatory authority may send/dispatch us
contract notes/e-mail alert/other documents through e-mail on my/our designated
e-mail address mentioned by me/us in KYC. I/We will completely rely on the log
reports of you dispatching software as a conclusive proof of dispatch of e-mail
to me/us and will not dispute on the same. I/We note that non-receipt of
bounced mail notification by the stock broker shall amount to delivery of the
contract note at my/our e-mail ID.
8. I/We will
inform you the change of my/our demographic detail and other detail like Bank,
DP etc.
9. I/We are
aware and acknowledge that trading of all exchanges is in Electronic mode,
based on Vsat, lease line, ISDN, Modem, VPN, Internet and/or combination of
technologies and computer system to place and route order and also involves
many uncertain factors and complex hardware, software, systems, communication lines,
peripherals, pay in payout of funds & securities, online & offline
banking etc. these are susceptible to interruptions, delay, mistake and
dislocations; and your services may at any time be unavailable without further
notice and I/we understand that there exists a possibility of communication
failure or system problems or slow or delay response from system or trading
half, or any such other problem/glitch whereby not been able to establish
access to the trading system/network or delay in execution of trades, which may
be beyond your control any may result in delay in processing or not processing
of any orders either in part or in full. I understand that you are not making
any representation or warranty that your service will be available to the
Client at all times without any interruption. I/We agree that I/We shall not
have any claim for any loss incurred by me/us against you on account of any
suspension, delay, interruption, nonavailability or malfunctioning of your
System or Service for any reason whatsoever.
10. I/We
confirm that I/We never sublet the trading terminal on any term of connectivity
from my place to any other place without your prior approval.
11. I/We
am/are agreeable for inter-settlement transfer of securities towards
settlement.
12. I/we
am/are agreeable for & authorise you to with hold funds pay-out towards all
the applicable margins and debits.
13. All
fines/penalties and charges levied upon you due to my acts / deeds or
transaction may be recovered by you from my account.
14. I have a
Trading As well as depository relationship with GLOBE CAPITAL MARKET LTD.
Please debit the charges relevant with depository services to my trading
account. I also agree to maintain the adequate balance in my trading account/
pay adequate advance fee for the said reason.
15. I
authorise you to send me the physical Contract notes/Margin
statement/Ledger/Other documents through postal/courier and to charge
administrative/postal/other charges if the contract notes sent to me get
bounced more than 5 times.
16. For the
purpose of providing quality and transparent services to its clients, the
Company may record your conversation while interacting with you."
Yours faithfully,
D. LETTER OF
AUTHORISATION TO PLEDGE THE SECURITIES WITH CLEARING MEMBER/ CLEARING CORPORATION
I/We are dealing through you as a client registered in
NSE/BSE/MSEI in Capital Market/ Future & Options/ Currency Derivatives/
Commodity Segments. I have given you the securities as margin. I hereby confirm
and declare that:
(i) The
Securities are in existence, owned by me/us and are and shall be free from any
charge, lien or encumbrance, whether prior or otherwise
(ii) The
Securities will be subject to the creation of pledge in favour of or for the
benefit of Trading Member and further that the Securities over which pledge may
be created in future would be in existence and owned by me/us at the time of
creation of such pledge and that the Said Securities to be given in future as
security to Trading Member would likewise be unencumbered, absolute and
disposable property of me/us.
(iii) I
authorise you to do all such acts and things, sign such documents and pay and
incur any such costs, debts and expenses as may be necessary from time to time.
(iv) I/ we
agree that the securities shall be subject to the first priority and lien in
favour of Trading Member to secure, my/ our obligations and that the rights or
interests of me/ us with respect to the Said Securities shall be subject and
subordinate to the rights, claims and interests of Trading Member in respect of
the Said Securities
(v) You may
invoke the pledge without any reference to or permission of me/ us and upon
receipt of the Said Securities, Trading Member may utilize the proceeds in
meeting my/our obligations in such manner as it may deem fit and that such
invocation of pledge will be final and irrevocable against me/us.
(vi) I/we shall
not make any claims or demands for refund or any reimbursement in relation to
the Said Securities.
E. RUNNING ACCOUNT
AUTHORISATION
I/We are dealing through you as a client in Capital Market
and/or Future & Option segment and/or Currency segment and/or Interest Rate
future Segment and/or Mutual Fund Segment & in order to facilitate ease of
operations and upfront requirement of margin for trade. I/We authorize you as
under:
1. I/We
request you to maintain running balance in my account & retain the credit
balance in any of my/our account and to use the unused funds towards my/our
margin/pay-in/other future obligation(s) at any segment(s) of any or all the
Exchange(s)/Clearing corporation unless I/we instruct you
otherwise.
2. I/We
request you to settle my fund once in 30 days or once in 90 days or such other
higher period as allowed by SEBI/Stock Exchange time to time except the funds
given towards collaterals/margin in form of Bank Guarantee and/or Fixed Deposit
Receipt.
3. In case
I/We have an outstanding obligation on the settlement date, you may retain the
requisite securities/funds/Mutual Fund Units towards such obligations and may
also retain the funds expected to be required to meet margin obligations for
next 5 trading days, calculated in the manner specified by the exchanges.
4. I/We
confirm you that I will bring to your notice any dispute arising from the
statement of account or settlement so made in writing within 7 working days
from the date of receipt of funds/securities or statement of account or
statement related to it, as the case may be at your registered office.
5. I/We
further authorize you to retain an amount of upto Rs. 10,000/- (net amount
across segment and across stock exchanges) in order to avoid
administrative/operational difficulties in settling my/our account. The same
may be released on my/our specific request.
The running account authorization provided by me shall
continue and remain valid until it is revoked by me anytime in writing.
======================================================
‘AADHAAR LINKING
I/We know that Ministry of Finance (Dept. of Revenue) vide
Notification G.S.R. 538 (E), dated 1st June, 2017, mandated linking of Aadhaar
number with Trading / Demat / PMS / AMCS / MFS accounts. The purpose of
collection/usage of Aadhaar number including demographic information is to
comply with applicable laws / rules / regulations and provision of the said
applicable laws / rules / regulations. After obtaining my Aadhaar number, you
will authenticate the same in accordance with the Aadhaar Act, 2016 and shall
receive Biometric/demographic information which you can only used to comply
with said applicable laws/rules/regulations. .
In reference to the aforesaid compliance requirement, hereby
provide my / our consent to Globe in accordance with Aadhaar Act, 2016 and
regulations made there under, for (i) collecting, storing and usage (ii)
validating / authenticating and
(ii) updating my/our Aadhaar number(s) in accordance with
the Aadhaar Act, 2016 (and regulations made there under) and PMLA.
I / We hereby provide my / our consent for sharing /
disclosed of the Aadhaar number(s) including demographic information with Globe
group of companies, SEBI, Exchanges, CKYC, KRA, Depositaries and any other
institutions / agencies as per requirement.