General Terms and Conditions for the Use of the Bank s Services and Opening All Types of Foreign Currency Deposit Accounts

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1 General Terms and Conditions for the Use of the Bank s Services and Opening All Types of Foreign Currency Deposit Accounts 1. A foreign currency deposit account may be opened in any currency which is acceptable to the Bank. Any deposit shall not be less than the minimum amount nor shall be higher than the maximum amount fixed by the Bank, the Ministry of Finance, the Bank of Thailand and/or any government authorities from time to time. 2. In case of foreign currency deposit in type of no obligation, the Applicant represents that the foreign currency which the Applicant will purchase or has purchased from the Bank in order to deposit into the foreign currency deposit account, the Applicant has no obligation to pay such foreign currency to any persons and, at any time, the total outstanding balance in all foreign currency deposit accounts of the Applicant, in all currencies, maintained with the Bank and other authorized juristic persons together with any amount that the Application will deposit into the foreign currency deposit account and outstanding balance of structured debentures which have opportunity to receive payment in foreign currency shall not exceed USD 5,000,000 or its equivalent at the market rate or any amount to be amended by the Bank of Thailand in the future. The Application agrees to comply with the laws, rules and regulations in relation to the purchase or deposit of foreign currency in all respects. Should there be any losses and damages incurred as a result of the Applicant s failure to comply with such terms and conditions, the Applicant agrees to be responsible for such losses and damages in all respects. 3. The Applicant agrees that the Bank may pay interest on each type of deposits at such rate announced by the Bank for such type of deposits in accordance with the regulations prescribed by the Bank of Thailand, and that the Bank has right to, without having to give any prior notice to the Applicant, change the interest rate in respect of any type of deposits whereupon such changed rate of interest shall be deemed to be the applicable rate to the relevant type of the Applicant s deposits and the Bank has the right to pay interest at such changed rate to the Applicant although it is not the same rate as specified in the pass book, a credit advice, a certificate of deposit, the instrument or any other document howsoever named which has been issued or made by the Bank as evidence of deposit (hereinafter referred to as the Deposit Receipt ). In this regard, it is not necessary for the Applicant to present the Deposit Receipt to the Bank for recording such change of interest rate. 4. A monthly statement of the Applicant s foreign currency deposit account will be provided by the Bank upon reasonable request of the Applicant and subject to any rule, regulation and policy of the Bank which may be now or thereafter announced or amended as the Bank deems appropriate. If no objection has been made to the Bank within 7 business days after the Bank s issuance of such a monthly statement, it shall be deemed that such a statement shall have been accepted as correct by the Applicant. It is hereby agreed that the Bank shall be entitled to revoke any entry contained in such statement and correct any errors contained therein at its absolute discretion notwithstanding such an acceptance of the Applicant. 5. In the event that any of the Applicant s foreign currency deposit accounts is inactive, the Applicant agrees that the Bank is entitled to change fee for maintaining such foreign currency deposit account at the rate and in accordance with the regulations prescribed by the Bank. The Applicant also agrees that the Bank may debit any amount from the Applicant s foreign currency deposit account as payment for such fee and that should there be no credit balance left in the Applicant s foreign currency deposit after such debit, the Applicant agrees that the Bank may immediately close such foreign currency deposit account without having to give any prior notice to the Applicant. 6. The Applicant shall at all time maintain a minimum credit balance in the amount from time to time as stipulated by the Bank at its absolute discretion, otherwise the Bank may close the Applicant s foreign currency deposit account and/or charge the penalty fee at the rate and in the manner as the 1

2 Bank may specify by debiting the amount of such fee from the Applicant s foreign currency deposit account without having to give any prior notice. 7. In case of depositing any cheque, bill of exchange, promissory note, mail, telegraphic or electronic transfer and/or any other negotiable instrument (hereinafter collectively referred to as the Financial Instruments ) to any of the foreign currency deposit accounts, the Applicant agrees to comply with the followings: 7.1 The Applicant may withdraw any sum under the Financial Instrument so deposited only after the Bank has already collected the sum under such Financial Instrument and credited such sum to the Applicant s foreign currency deposit account. 7.2 If the Bank is unable to collect such sum under the Financial Instrument, the Bank may cancel such deposit transaction and then return such Financial Instrument to the Applicant or notify the Applicant in writing to pick up the said Financial Instrument from the Bank. The Bank shall return the Financial Instrument to the Applicant or give such notice to the Applicant at the address given to the Bank by the Applicant. If such Financial Instrument or notice could not reach the Applicant due to the change of address, or for whatever reason, the Bank shall not be held liable for any damages arising therefrom. 7.3 In the event that an individual Applicant wishes to deposit into his/her personal foreign currency deposit account any Financial Instrument payable to a juristic person, the Bank shall has right to refuse to accept the deposit of such Financial Instrument even if such Financial Instrument may result in a payment to the holder thereof, or such Financial Instrument has been duly endorsed by such juristic person. 7.4 Whether the collection of payment of any of the Financial Instrument is made domestically, in different provinces or area and/or internationally, the Bank shall make such collection in such time as customarily practiced by commercial Banks in Thailand. In addition, the Bank shall be entitled to charge fee for such collection regardless of whether or not the payment of such instrument by the can be collected. 7.5 In the collection of payment under any Financial Instrument, if it appears afterwards that the Applicant has no right under such Financial Instrument or is entitled to receive only a part of payment thereunder and as a result of which, the Bank is liable to pay any amount to the true owner of the said Financial Instrument or any other person, the Applicant shall have to indemnify the Bank the amount of such negotiable instrument including al Bank charges, fees and expenses incurred by the Bank in the connection with the collection and/or payment in respect thereof together with interest thereon at the Maximum Default Rate. The term Maximum Default Rate used herein means the interest rate which is the higher of (i) 15% per annum or (ii) the maximum interest rate in case of default for commercial loan in the type of general loan customer in foreign currency as announced by the Bank (if any), such rate may be changed from time to time as may be announced by the Bank without having to obtain consent from the Applicant, calculate from the date of payment by the Bank until all amounts shall have been paid to the Bank in full. 7.6 The Financial Instrument which may be deposited to any of the foreign currency deposit accounts much be payable in foreign currency. 8. The Bank may refuse the withdrawal and/or disposal of the amount withdrawn whether by way of transfer or issuing cheques or otherwise when it appears to the Bank that ( i) the Applicant s signature on any document for withdrawal is different from the specimen signature given to the Bank, (ii) the instruction for withdrawal is unclear, (iii) the balance in the Applicant s foreign 2

3 currency deposit account is not sufficiently in credit to cover the amount drawn and the Bank charges ( if any) or ( iv) the withdrawal is not made in accordance with the Bank s rules and regulations with respect to the relevant deposits. The Bank shall not be responsible for any loss or damage resulting from such a refusal. 9. Any information written by the Applicant on any document relating to the deposit or withdrawal must be made with a pen or any other type of ink which may not be obliterated, otherwise the Bank shall not be liable for any damages incurred in connection therewith. 10. The signature of the Applicant to be placed on any document in relation to deposit or withdrawal shall be the same as the specimen signature of the Applicant as previously given to the Bank and shall be completed and compiled with the conditions given to the Bank. The Applicant accepts that the Bank shall not be bound or obliged to examine any rubber stamp, seal or other manuscript relating to the signing on the said document other than that in the signature of the Applicant which have been given to the Bank as aforesaid. 11. The Applicant is well aware and understood that any deposit to or withdrawal of an amount from any foreign currency deposit account maintained with the Bank may be made only at the counter of the Bank s branch office where the foreign currency deposit account was opened. Moreover, since such deposit or withdrawal of money into or from a foreign currency deposit account will result in the balance shown in the Bank s record of such foreign currency deposit account being different from that shown in the Applicant s Deposit Receipt until the Applicant shall bring such Deposit Receipt to the Bank to record the correct balance, the Applicant agrees that the balance shown in the Bank s record of such foreign currency deposit account shall be deemed correct. 12. The Applicant agrees that the Applicant shall not open a foreign currency deposit account under a name which is not the actual name of the Applicant or under an assumed name of any nature. If it appears that the Applicant does not comply with any of the terms and conditions specified herein, and that should there be any damage incurred, by the Bank the Applicant shall indemnify the Bank for such damages in full in all respects. 13. If the Applicant is indebted to the Bank for whatever reason, the Applicant hereby agrees that the Bank may, without having to give any prior notice to the Applicant and/or to wait until the maturity date of any item of such foreign currency deposit account (if any), immediately debit or set off any amount of such debt from and against any sum in any or all types of the deposit accounts maintained with the Bank, as well as against any other sum which the Applicant is the owner and/or the creditor of the Bank or, as the case may be, has right to recover from the Bank, as payment for all or part of such debt owing to the Bank by the Applicant. 14. The Applicant shall not make any change to any statement in the Deposit Receipt given by the Bank as evidence of such deposit and shall keep such Deposit Receipt in a safe and secure place. If there is any loss or damage to such Deposit Receipt, the Applicant shall immediately notify the Bank in writing. In case of loss, the Applicant shall present to the Bank an evidence of police report receipt in order for the Bank to issue a new Deposit Receipt to the Applicant. 15. Subject to any rule, regulation and policy of the Bank which may be now or thereafter announced or amended as the Bank deems appropriate, the Applicant who has no obligation to make payment in foreign currency within the period specified in the Application and is a Thai permanent resident buying, exchanging or borrowing from an authorized juristic person in Thailand may not open an and/or joint account with the Bank. In the event that the Applicant (other than the prohibited Applicant referred to above) opens an and/or joint account, all the Applicants agree to jointly enter into the following additional conditions for the opening of a deposit account with the Bank: 3

4 15.1 In case of death of any one of the joint account owners, the surviving joint account owner shall notify the Bank of such death. In case of surviving joint account owner fails to notify to the Bank, the Bank shall have the right to continue to pay the deposit in such deposit account to the surviving joint account owner pursuant to the conditions of payment or withdrawal previously given to the Bank unless any heir of the deceased owner shall have contacted the Bank and claimed against the Bank for his/her right of withdrawal of money from such joint deposit account. It is agreed and accepted by the surviving joint account owner that in case of the surviving joint account owner notifies the Bank or any heir of the deceased owner have contacted the Bank as mentioned in the preceding paragraph, the Bank may suspend all operations of such joint deposit account, and the Bank may arrange any statutory heir, legatee, administrator of the estate by will, or administrator of the estate by a court order (as the case may be) of the deceased to file an application for receipt of funds in such joint deposit account and any other related documents in the form prescribed by the Bank in order to jointly close the joint deposit account with the surviving joint account owner In case of death of all owners of a joint deposit account, the Bank shall be entitled to suspend all operations whatsoever of such joint deposit account and arrange for any statutory heir, legatee, administrator of the estate by will or administrator of the estate by court order (as the case may be) of each of the owners of such joint deposit account to jointly close such joint deposit account. 16. The Applicant shall not assign or transfer to any third party all or any part of its rights in the foreign currency deposit account and/or a Deposit Receipt and/or its rights to receive any deposits therein. 17. Should there any incorrect deposit of any third party s money for whatsoever reasons, whether by deposit or transfer or any other means, to the Applicant s foreign currency deposit account, the Applicant agrees that the Bank may, as soon as the Bank becomes aware of such incorrect deposit, immediately debit such sum from the Applicant s foreign currency deposit account without having to give any prior notice to the Applicant. In this connection, should there be no or insufficient balance in the Applicant s foreign currency deposit account to be fully debited for whatsoever reason, the Applicant shall, forthwith upon receipt of notice from the Bank, pay such deficit to the Bank in full, if, for any reason, the Application fails to pay any deficit to the Bank within the time notified by the Bank, the Applicant agrees that the Bank may charge interest on such amount at the rate specified in Clause 7.5 calculating from the due date of such payment up until such payment is made in full. 18. When closing the foreign currency deposit account, the Bank will pay or remit only the balance in the foreign currency deposit account after deducting all Bank charges. 19. The Applicant agrees that the Bank shall not be held liable for any losses or damages incurred by the Applicant as a result of the use of the Bank s services under this Applicant, including but not limited to any foreign exchange loss which may be incurred as a result of depositing in or withdrawal from the Applicant s foreign currency deposit account. 20. The Applicant agrees that the Bank may, as it deems appropriate, supplement and/or amend the terms and conditions for any provision of the Bank s service thereunder, including the rate of any fees, services charges and/or expenses charged for the use of the Bank s services. 21. The Applicant agrees to be bound by and comply with all terms and conditions for the use of the Bank s services under this Application and/or the terms and conditions for the opening of each type of foreign currency deposit accounts as well as all exchange control regulations of the Bank of Thailand. The Applicant also agrees to be bound by and comply with any terms and conditions as 4

5 may be further announced by the Bank in the future. The Applicant further agrees that any documents or letters with respect to the use of any services of the Bank and/or the opening of any type of foreign currency deposit account and/or any documents to be announced by the Bank in the future shall be deemed as an integral part of the terms and conditions specified in this Application. Should there be any damages incurred as a result of the Applicant s failure to comply with any of the said terms and conditions, the Applicant agrees to be liable therefor in all respects. 22. The Applicant agrees that all documents, correspondence, newsletter and/or any other information sent or notified by the Bank to the Applicant at the home address or office address or telephone number or fax number or address of the Applicant as notified to the Bank or such other address as may be notified to the Bank in the future or posted by the Bank at the branch office of the Bank or in the website of the Bank, shall be deemed to have been duly served or notified by the Applicant. The Applicant shall promptly notify the Bank in writing of any change of the Applicant s home address or office address, or telephone number or fax number or address or any channel prescribed by the Bank. 23. The Applicant gives consent to the Bank to collect/ gather personal information, financial information and/or any other information of the Applicant which is provided to the Bank by the Applicant and/or which is in the Bank s database system and/or which is collected/gathered by the Bank from any other person (hereinafter collectively referred to as the Personal Information ) and to deliver, transfer, use and/or disclose Personal Information to the group companies of the Bank, auditors, external auditors of the Bank, financial institutions, governmental authorities, assignees, and/or juristic persons or any other person which are the Bank s partner of contract or having the relationship with the Bank either in Thailand or other countries for the purpose of giving and/or improving any services or products of the Bank and/or such persons and/or for examination of transactions that may arise as a result of fraudulent and/ or for any other purpose that is not prohibited by laws and/or for complying with the laws and regulations of any countries which govern the Bank. In this regard, this consent shall remain in effect regardless of the termination of the use of services or products or the discontinuation of the use of services or products by the Applicant. 24. The Applicant agrees that the Bank shall have the right at any time to suspend the provision of deposit service and/or any withdrawal from any foreign currency deposit accounts and/or to close any foreign currency deposit accounts of the Applicant if the Bank considers that there is reasonable doubt that the foreign currency deposit account of the Applicant is used in any activity which is unlawful or not in violation of any rule, regulation or order of any government authority or which is inappropriate in any respect. The Applicant undertakes not to claim for any damages from the Bank and agrees to comply with the stipulations and/or regulations of the Bank in all respects. 25. In case of the foreign currency deposit account has been changed for whatever reasons, the Applicant agrees that these Terms and Conditions shall be applied with the changed foreign currency deposit account in all respects. Additional Terms and Conditions for Opening a Foreign Currency Fixed Deposit Account 1. In making each withdrawal of all or part of the foreign currency fixed deposit account, the Applicant shall have to present to the authorized officer of the Bank the Deposit Receipt issued by the Bank as an evidence of the receipt of such account. The Applicant shall have to verify the amount withdrawn and the remaining balance shown in the new Deposit Receipt issued by the Bank (in case of partial withdrawal) as well as the signature placed by the Bank s authorized officer. Should there be any error, the Applicant shall immediately notify the Bank to rectify such error. 5

6 2. In the event that the Applicant has not withdrawn the deposited amount from the foreign currency fixed deposit account on the maturity date, it shall be deemed that the Applicant agrees to deposit such amount under the similar terms and conditions of the previous deposit period. If the Bank does not otherwise notify the Applicant at each maturity date of the relevant deposit period, with the exception that the interest rate to be applied for calculation of interest on the deposit payable to the Applicant shall be the rate prevailing at that time. Additional Terms and Conditions for Opening Foreign Currency Savings Account In the event that the Applicant is indebted to the Bank for whatever reason, the Applicant agrees that the Bank may proceed in accordance with Clause 13 of the General Terms and Conditions for the Use of the Bank s Services and Opening All Types of Foreign Currency Deposit Accounts, without having to obtain any prior consent from or give a prior notice to the Applicant, to settle the balance in the foreign currency deposit account for with the debt owing to the Bank in accordance with the normal Banking custom and practices in respect of current accounts. In which case, such foreign currency savings account requested to be opened shall be deemed as a current account under Section 856 of the Civil and Commercial Code. Should the balance in the foreign currency deposit account of the Applicant appears to be in debit, the Applicant shall be deemed to have an overdraft debt owing to the Bank and agrees to pay compound interest on such debt at the Maximum Rate. The term Maximum Rate used herein means the interest rate which is the higher of (i) 15% per annum or (ii) the maximum interest rate in non-default case for commercial loan in the type of general loan customers in foreign currency as announced by the Bank (if any). In the event that the Applicant fails to comply with any of the terms and conditions specified in the application for opening a foreign currency current account and/or the overdraft agreement executed by the Applicant to the Bank, the Applicant agrees to pay interest on such debt at the Maximum Default Rate instead of the Maximum Rate as from the date on which the balance in the foreign currency deposit account appears to be indebted to the Bank. 6