CLIENT APPLICATION FORM
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1 CLIENT APPLICATION FORM Corporate Account UOB BULLION AND FUTURES LIMITED UOBBF Corporate Application Form 30 Mar 2018
2 UOB BULLION AND FUTURES LIMITED CORPORATE ACCOUNT (Company Registration Number: G) Application Particulars of Applicant(s) ACCOUNT NO.: Registered Name of Company(per Certificate of Incorporation or equivalent) Please state the English translation of the Registered Name if it is not in English: Registration No. Date of Incorporation Country of Incorporation Telephone no. (Mandatory) Fax no. (general correspondence): Registered Address Country of Operation(s) Mailing Address [ ] Same as Registered Address [ ] See below Page 1 of 68
3 ADDITIONAL INFORMATION FROM APPLICANT Please indicate the type of account (s) to be opened. You may tick more than one box. 1. Speculative account for booking of our own trades This type of account is speculative in nature, for booking of trades which are speculative in nature (i.e. where the account holder does not hold concurrent long and short positions). Long and short positions will be automatically offset against each other and all such fully matched trades will be closed out automatically. 2. Omnibus account for booking of our customers trades This type of account is omnibus in nature (i.e. it is used to carry positions belonging to a number of disclosed/undisclosed customers). Long positions will not be automatically offset against short positions. Specific instructions must be given to close an existing long or short position. Not applicable for Bullion account opening 3. Hedge account for booking of our own trades Please note that positions carried in a hedge account are strictly for hedge purposes only. Please obtain from us a copy of the Hedge Account Agreement for signing. Not applicable for Bullion account opening Page 2 of 68
4 CORPORATE ACCOUNT DELIVERY OF STATEMENTS VIA ELECTRONIC MAIL Electronic delivery of customer confirmation statements benefits both customers and members of the Singapore Exchange Derivatives Trading Ltd ("SGX-DT"), by providing for a more expeditious receipt of such statements. SGX-DT has allowed members to comply with the requirements of SGX-DT Rule by delivering such statements to customers electronically. Please sign below to confirm your request to receive your Daily Activity Statements and Monthly Activity Statements solely by electronic mail or in addition to receiving hard copies. You may revoke your consent by giving us at least one week s prior notice in writing. Any Daily Activity Statements and Monthly Activity Statements when addressed and sent to the address specified below shall be effective when transmitted and you shall accept all risks of non-delivery, late/delayed delivery and/or misdelivery associated with electronic mailing. For the purposes of compliance with the SGX-DT Rule 3.3.9, the electronic delivery of the Daily Activity Statements and Monthly Activity Statements shall be in lieu of the distribution of the hard copy of the customer statements and fully discharges our duty under the said rule. Any Daily Activity Statements and Monthly Activity Statements distributed in the above manner remain subject to the terms and conditions set forth herein and in the Client Agreement of UOBBF which you have agreed to, and is to be regarded as statements or confirmation as indicated therein. AGREEMENT We hereby request you to send our Daily Activity Statements and Monthly Activity Statements via Electronic Mail ONLY OR Hard Copy AND Electronic Mail (Please tick accordingly) Address : Page 3 of 68
5 AGREEMENT AND DECLARATION The Applicant declares that all information furnished in this application (the Application ) is true, accurate and complete and not misleading in any respect as at the date of this Application and the Applicant undertakes to immediate inform UOB Bullion and Futures Limited ("UOBBF") of any changes to such information or if such information ceases to be true, accurate, complete or not misleading in any respect at any time. All defined terms herein shall bear the meanings ascribed to them in the Client Agreement. Pursuant to the Personal Data Protection Act 2012 of Singapore (the "PDPA"), the Applicant acknowledges and understands that UOBBF is required, amongst others, to obtain the consent of all individuals for the collection, use and/or disclosure of such individuals' personal data (as defined under the PDPA) and, in this connection, the Applicant hereby confirms that it fully accepts, and agrees to be bound by, the UOBBF privacy policy relating to the Client Agreement of UOBBF found at (the Privacy Policy ), including, but not limited to: (i) ensuring that consent of all relevant individuals has been obtained for the collection, use, disclosure and/or processing of their personal data for one or more of the Purposes, Research Purpose and/or Marketing Purpose (collectively, the UOBBF Purposes ) as stated under the Privacy Policy; and (ii) consenting to the collection, use, disclosure and/or processing of their personal data for one or more of the UOBBF Purposes (extracts of which are attached hereto as Annex A) including but not limited to being contacted via telephone, fax or SMS at the contact particulars provided by the Applicant for the UOBBF Purposes. The Applicant hereby acknowledges and confirms that this Application shall be subject to the approval of and acceptance by UOBBF of the same in its sole and absolute discretion and that UOBBF shall be entitled to reject this Application in its sole and absolute discretion without having to give any reasons for such rejection. Where this Application is sent from a jurisdiction other than Singapore, such Application will only be regarded as an Application from the Applicant on the terms above when actually received and reviewed by UOBBF in Singapore and on the basis that UOBBF's acceptance of the Applicant s Application is to be and shall be deemed effective forthwith on acceptance of the Applicant's Application by UOBBF in Singapore and the corresponding opening of an Account for the Applicant in Singapore, and not only when such acceptance and opening of the Applicant s Account are communicated to the Applicant. By signing this Application, the Applicant hereby represents, warrants, accepts and agrees that: (i) (ii) (iii) the Applicant has received, read, understood, accepted, and agreed to the terms and conditions set out in this Application, as well as the terms and conditions set out in the latest versions of the Client Agreement of UOBBF ( Client Agreement ) which is available for download at UOBBF s website at ( Website ), including without limitation, the terms of the applicable schedules of the Client Agreement and the specific clauses relating to Amendments and Termination in the Client Agreement. The terms and conditions in this Client Agreement shall apply to the provision by UOBBF from time to time of any and all Transactions or Services to the Applicant in respect of the Account(s). The Applicant agrees that by giving UOBBF instruction(s) in respect of or by using any of the Services, the Applicant shall be deemed to have agreed to the specific terms and conditions which apply in respect of such Services, and such terms and conditions shall accordingly apply to the Applicant with effect from the date the relevant instruction was given or the relevant Service was utilized; In the event that any facilities or Services to which any Section or Schedule relates is provided expressly subject to the terms and conditions other than the terms and conditions contained in the Client Agreement, such other terms and conditions shall prevail; and Page 4 of 68
6 (iv) UOBBF shall not be liable in any way for any losses suffered by UOBBF and/or the Applicant, arising under, out of or otherwise in connection with the Applicant s failure or delay in respect of its responsibility to check the Website for changes to the Client Agreement. Please contact us if you do not wish your personal data to be used for Research / Marketing Purpose. EXECUTION FOR AND ON BEHALF OF THE APPLICANT: (BEING A CORPORATION) SIGNED:... NAME:. POSITION/TITLE:.. DATE: (DD/MM/YY) SIGNED:... NAME:... POSITION/TITLE: DATE:...(DD/MM/YY) For and On Behalf of: ( the Company ) Duly authorised under its Resolution dated: (DD/MM/YY) Company Stamp: Page 5 of 68
7 UOB BULLION AND FUTURES LIMITED CORPORATE ACCOUNT INVESTMENT PROFILE AND ASSESSMENT (Understanding Your Investment Profile and Risk Evaluation) To be completed by Applicant (PLEASE PRINT CLEARLY) Name of Applicant (the "Applicant") (Registered Business Name as per Certificate of Incorporation) 1 Is your company public-listed or owned? YES / NO * If yes, please state the stock exchange it is listed on 2 State the countries with which your company has business dealings. 3 Does your company have any overseas branches? (a) Does your company intends to enter into a transaction through or with UOBBF via an overseas branch or branches? (b) If yes, please state the location of such branch^ ^You shall take reasonable steps to ensure that your company does not transact via an overseas branch that has not been previously declared to UOBBF. If there are any changes to your above answers, please inform us of such immediately. YES / NO * YES / NO * 4 Names and locations of your major customers (contribute 25% of annual revenue). Please list the % accordingly. (eg. ABC Pte Ltd - 30%, DEF Ltd - 40%). 5 Names and locations of your major suppliers (contribute 25% of annual material costs). Please list the % accordingly. (eg. ABC Pte Ltd - 30%, DEF Ltd - 40%). 6 (a) Business activity (b) If investment / trading, please specify the type of products (c) Size of Business (Annual turnover) *NA / Refer to Financial Report / Please specify (d) Primary Clientele Base *NA / Please specify 7 Does your company accepts deposits or holds assets on behalf of other persons? YES / NO * * Please circle the appropriate Page 6 of 68
8 8 Source of Funds Country of Funds Origin Please select accordingly Singapore Others (please specify) Source / Origin of Incoming Funds (Do not state other banks as the source) Please select accordingly, you may indicate more than one source A) Business Proceeds 1) Which type of business are the proceeds derived from? B) Service Rendered / Commission or Contract Fee 1) What are the services rendered and/or provide more details on the commission/contract fee received C) Returns on Investment 1) What is the type of investment 2) Please furnish the names of the core investors 3) How much do you understand about the core investors 1) 2) 3) D) Others Please specify details Mode of Transfers (please indicate accordingly) i.e. Wire Transfer, Personal Cheque, Cashier's Order Transfer Amount (Currency) Name and Relationship with individual / corporate entity who transfers funds 9 Source of Wealth (You may indicate more than one source) A) Employment (Used when Newly Set Up (< 1 year) Company whose shareholders are only individuals) 1) What is the full name of your current / previous employer? 1) 2) What is your current / previous designation or position in your company? 2) 3) What is your current / previous salary? 3) 4) 4) What is the nature of your current / previous employer's business? 5) 5) How long have you been working for your current / previous employer? Page 7 of 68
9 Means of Corroboration: For (1), (2) and (3): (Any one of the below) - Salary slip provided by customer s employer - Letter from employer confirming position and salary with company letter head For (1) and (2): (Any one of the below) - Annual Report (for public listed companies) - Internet Searches (information may be obtained from sources such as SGX website for listed companies, Reuters, Bloomberg, company website etc.) For (3): (Any one of the below) - Bank statement showing receipt of most recent salary crediting from named employer - Income Tax Notice of Assessment For (4): (Any one of the below) - ACRA Report (for Singapore registered company) - Certificate of Incorporation / Incumbency (for foreign registered company) - Annual Report (for public listed companies) - Internet Searches (information may be obtained from sources such as SGX website for listed companies, Reuters, Bloomberg, Yellow Pages, Green Book etc.) For (5): - Based on information provided by customer, no corroboration required B) Business Ownership 1) What is the full name of your company? 1) 2) In which year was your business established? 2) 3) What is the nature of your company's business? 3) 4) How many percent of the company do you currently own? 4) 5) In which countries does your business operate in? 5) 6) Only applicable if the nature of customer s business is in Defence related Industry (armaments, weapons and non-weaponry items). Does your company derive any revenues from government contract or licenses? If yes, please provide details. 7) What is the annual turnover or annual net income of your company? 6) 7) Means of Corroboration: For (1) to (4): (Any one of the below) - ACRA Report (for Singapore registered company) - Enhanced Individual Search to ascertain full scope of business interests in Singapore - Certificate of Incorporation / Incumbency (for foreign registered company) - Annual Report (for public listed companies) - Internet Searches (information may be obtained from sources such as SGX website for listed companies, Reuters, Bloomberg, Yellow Pages, Green Book etc.) For (5) to (6): - Based on information provided by customer, no corroboration required For (7): (Any one of the below) - Annual Report (for public listed companies) - Internet Searches (information may be obtained from sources such as SGX website for listed companies, Reuters, Bloomberg, Yellow Pages, Green Book etc.) - Copy of the latest audited company accounts Page 8 of 68
10 C) Inheritance / Gift / Provided by Spouse 1) What is the full name of the person whom you derive your wealth from? 2) What is the gender, age and nationality of the provider? 1) 2) 3) What is the relationship between you and the person whom you derive your wealth from? 4) What is the source of wealth of the person whom you derive your wealth from? (Depending on the Source of Wealth of the deceased / gifter / provider, to refer to questions to be asked for Employment &/or Business Ownership &/or Investment). 5) On which date did you inherit the wealth / receive the gift? 6) What was the amount of the inheritance / gift and type of assets involved? 3) 4) 5) 6) Means of Corroboration: For (2) and (3): - Based on information provided by customer, no corroboration required For (4): - Depending on Source of Wealth of the deceased / gifter / provider, to refer to corroborative means stated for Employment and / or Business Ownership For (1), (5) and (6): - to be corroborated on a best effort basis - Inheritance: (Any one of the below) Dated Grant of Probate (with copy of the will) which must include the value of the estate and name of the deceased Dated signed letter from a licensed solicitor or estate trustee with letter head which must include the value of the estate and name of the deceased - Gift / Provided by Spouse: (Any one of the below) Dated letter from gifter / provider (with the full name of the gifter / provider) stating the amount and reason for the gift Initial deposit with a named cheque drawn on the gifter / provider s personal account with UOB / another bank in Singapore D) Investment 1) How did you derive the wealth to fund your investments? (Depending on Source of Wealth of the deceased / gifter / provider, to refer to questions to be asked for Employment &/or Business Ownership &/or Inheritance / Gift / Provided by Spouse) 1) 2) 2) State in detail, the type of investment (Stock, real estate state location, date of sale, commodity, Forex etc.) you currently hold. 3) 3) What is the size of your investments? 4) 4) How much income do you currently derive from your investments each year? 5) How long have you been investing? 5) Means of Corroboration: For (1): - Depending on Source of Wealth, to refer to corroborative means stated for Employment and / or Business Ownership and / or Inheritance / Gift / Provided by Spouse For (2) to (4): (Any one of the below) - Letter confirming the surrender of investment with details of type and value of holdings - Investment certificates / statement of holdings - Signed letter detailing investment holdings from a regulated accountant with letter head - Bank statement showing receipt of investment returns (e.g. dividends, payouts, coupon payments etc.). For dividend payment from a privately held company, letter detailing divided details signed by a regulated accountant with letter head - Letter detailing property / company sale signed by licensed solicitor with letter head - Copy of property / company sale contract - Copy of media coverage (where available) For (5): - Based on information provided by customer, no corroboration required Page 9 of 68
11 E) Rental Receipt 1) What is the amount, length of tenancy and property involved? Means of Corroboration: - Tenancy agreement signed between property owner and tenant with details of the rental payment amount F) Others - Savings - Retiree - Others (please specify): 1) What is the amount and type of assets involved? 2) Source of wealth which generated the savings / assets prior to retirement 3) Please provide details (where relevant) 1) 2) 3) Means of Corroboration: For (1): - Based on information provided by customer, no corroboration required For (2): - Depending on Source of Wealth information obtained, to refer to corroborative means stated for Employment and / or Business Ownership and / or Inheritance / Gift / Provided by Spouse For (3): - Any documentary proof 10 (a) + Does any of your directors / shareholders / authorised traders act in any of the aforementioned capacity for another company, which also has a Margin Trading Accounts with UOBBF? YES/ NO * If yes, please list their names below: (b) + Does any of your related companies or parent company maintain Margin Trading Account with UOBBF? YES/ NO * If yes, please list their names below: + I/We undertake to inform UOBBF immediately if any of our directors / shareholders / authorised traders or related companies or parent company opens a Margin Trading Account with UOBBF. (c) Does your company or any of your related companies (including, but no limited to holding companies) maintain any business relationship (e.g. current, fixed deposit a/c, credit facilities etc) with any of the UOB group of companies including our overseas offices? YES/ NO * If yes, please state the UOB entity, the Relationship Manager and type of accounts or banking facilities 11 Is any of the company's beneficial owners, directors or authorised signatories (including their spouses) holding any senior positions in the Government, Military or Publicly-owned Companies or Entities (including Charitable Organisation, Societies or Associations)? If yes, please state: YES/ NO * (a) Name of person (b) Name of Government / Military / Organisation * (c) Position held / Rank (d) Jurisdiction (if beneficial owner(s) is / are from Russia, Venezuela, Nigeria, Kenya and Bangladesh. Please provide a declaration that beneficial owner(s) is / are aware that the jurisdiction he/they is/are domiciled in restrict(s) him/them from holding a foreign account) * Please circle the appropriate Page 10 of 68
12 12 (a) Have any of the company's beneficial owners, directors, authorized signatories or authorised dealers ever been YES/ NO * investigated, charged or convicted of any criminal offence in any jurisdiction? (b)have any of your company's beneficial owners, directors, authorised signatories and authorised dealers held a senior position in the government (including elected/nominated offices in a legislative or governing body), military or publicowned companies or entities (including charitable organizations, societies or associations); or being an immediate relative (e.g. spouse, sibling, parent, child) of someone in any of these positions? YES/ NO * 13 PARTICULARS OF BENEFICIAL OWNERS (INCLUDE PARTNERS / SOLE PROPRIETOR OF COMPANY / FIRM) (a) Please furnish details in the boxes provided in this section. You may furnish us with an appendix showing the information as stated below if there are more than 4 Beneficial Owners. (b) Please enclose a copy of your group structure stating shareholdings. Beneficial Owner / Settler / Trustee * Beneficial Owner / Settler / Trustee * Name Date of Birth (DD/MM/YY) NRIC/PP No Name Date of Birth (DD/MM/YY) NRIC/PP No Nationality 1 Nationality PR Status 1 PR Status % Shareholding % Shareholding Telephone No Residential Address Telephone No Residential Address Beneficial Owner / Settler / Trustee * Beneficial Owner / Settler / Trustee * Name Date of Birth (DD/MM/YY) NRIC/PP No Name Date of Birth (DD/MM/YY) NRIC/PP No Nationality 1 Nationality PR Status 1 PR Status % Shareholding % Shareholding Telephone No Residential Address Telephone No Residential Address * Please circle the appropriate Page 11 of 68
13 For Fiduciary Account# or if the Entity has complex or multi-tiered ownership arrangement or involves nominees shareholdings or offshore / local trust structures, please answer the following and attach supporting documents: (#e.g. Bearer Share, Trust [exclude Client Omnibus Accounts], Nominee, or any other fiduciary accounts) i. Why was the structure put in place? ii. What is the relationship between the different tiers of owners? iii. Who are the ultimate Beneficial Owner (s) / Settler (s) / Trustee (s) of the Entity? iv. Other Comments 14 Do any of the person connected** to you, as defined in Sec 2 of Securities and Futures Act, work with UOB Bullion and Futures Limited? [Pursuant to Reg 43 of Securities & Futures (Licensing and conduct of business) Regulations] YES/ NO * If yes, please furnish details: Name of Connected Person** Name of staff Relationship Department Designation ** "connected person", in relation to - (a) an individual, means - (i) the individual s spouse, son, adopted son, step-son, daughter, adopted daughter, step-daughter, father, step-father, mother, step-mother, brother, step-brother, sister or step-sister; and (ii) a firm, a limited liability partnership or a corporation in which the individual or any of the persons mentioned in sub-paragraph (i) has control of not less than 20% of the voting power in the firm, limited liability partnership or corporation, whether such control is exercised individually or jointly; or (b) a firm, a limited liability partnership or a corporation, means another firm, limited liability partnership or corporation in which the first-mentioned firm, limited liability partnership or corporation has control of not less than 20% of the voting power in that other firm, limited liability partnership or corporation, and a reference in this Act to a person connected to another person shall be construed accordingly; * Please circle the appropriate Page 12 of 68
14 15 LIST OF DIRECTORS / CHAIRPERSON (FOR COMPANIES INCORPORATED OUTSIDE SINGAPORE) (You may furnish us with an appendix showing the information as stated below if there are more than 4 Directors.) S/N Full Name NRIC / Passport Date of Birth 16 LIST Of CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL OFFICER, CHIEF RISK OFFICER (APPLICABLE ONLY FOR FINANCIAL INSTITUTIONS) Position Held Full Name NRIC / Passport Date of Birth Chief Executive Officer Chief Financial Officer Chief Risk Officer Page 13 of 68
15 17 CORPORATE / NBFI SANCTIONS QUESTIONAIRE (For banks, please approach your RMs for a separate sanctions questionaire) United Overseas Bank Limited ( UOB ), its branches in and outside Singapore and subsidiaries ( UOB Group entities ) are committed to complying with the sanctions laws and regulations ( sanctions laws ) imposed by Singapore, the United Nations Security Council, the European Union, the U.S. Department of the Treasury s Office of Foreign Assets Control or any other applicable regulatory or supervisory authority or body. UOB endeavours to understand the extent of its clients activities with certain locations identified in the public domain that may increase UOB sanctions risks. The purpose of this form is to ask questions which help identify and understand the nature of any sanctions exposure. Section A: Sanctions Exposure (Please answer to the best of your knowledge) If yes to any of the below questions, please provide more information to the corresponding questions in Section C Sanctioned Jurisdictions: Iran, Sudan, North Korea, Syria, Cuba, Crimea 1. Is/Are the company or company s business partners 1 Incorporated; or Have any offices, business activities or transactions in the above jurisdictions? Yes No 2. Does the company or company s business partners 1 have any business plans with the above jurisdictions? Yes No 3. Does the company have connected/related parties 2, who are citizens of, reside, or operate/have business activities in the above jurisdictions? Yes No 4. Is/Are the company, company s connected/related parties 2 or company s business partners 1 Currently sanctioned; or Have any business dealings/transactions with parties and/or activities 3 that are sanctioned 4 Yes No 1 Business partners refer to individuals/entities such as suppliers, buyers, agents, brokers or distributors. 2 Connected/Related parties refer to individuals/entities such as company s subsidiaries, affiliates, beneficial owners, shareholders, directors, Key Senior Managements (Chairman, President, CEO, CFO, COO) and authorized signatories, etc 3 Sanctions Activities refer to activities that would violate a law or regulation of any country 4 Sanctioned programs administered by sanctions administration bodies such as OFAC, UN, EU, MAS or applicable host country sanctions laws includes Sectoral Sanctions (Russia, Venezuela), or targeted sanctions (Belarus, Congo, Eritrea, Iraq, Somalia, etc) Section B: Enhance Due Diligence Exposure Checks (Please answer to the best of your knowledge) - TO BE ONLY COMPLETED FOR TRADING ENTITIES (i.e. BUY/SELL GOODS) If yes to any of the below questions, please provide more information to the corresponding questions in Section D 1. Does the company or company s business partners 1 have any offices, business activities, shipments (Inc. trans-shipment) or transactions in Liaoning Province (China) 5? Yes No 2. Does the company or company s business partners 1 maintain any relationship with banks in Liaoning Province (China) 5 business partners? Yes No 3. Does the company transact, send or receive payments on behalf of an unrelated 3rd party that cannot be explained or make any commercial rationale? Yes No 4. Does the company share the same office address, telephone numbers, beneficial owners, authorised signatories, employees with an unrelated 3rd party? Yes No 5 Liaoning Province refer to cities such as Dalian, Dandong, Jinzhou, Shenyang as identified in US FINCEN report ( Page 14 of 68
16 Section C: Detailed information of Company s Sanctions Exposure If yes to any of the questions in Section A, please provide more information to the corresponding questions 1. Is/Are the company or company s business partners Incorporated or Have any offices, business activities or transactions with the above jurisdictions? To the best of your knowledge, please provide a summary of the company or company s business partners exposure in the above jurisdictions (Inc. business partners legal name, activities involved, transactions flow (currency involved), etc.), how and what kind of UOB products and services are involved in such activities/transaction. 2. Does the company or company s business partners have any business plans with the above jurisdictions? To the best of your knowledge, please provide a summary of the company or company s business partners business plans in the above jurisdictions (Inc. Name of the business partners they are intending to engage, planned activities, date of engagement, transactions flow (currency involved), etc.), how and what kind of UOB products and services are involved in such activities/transaction. 3. Does the company have connected or related parties, who are citizens of, reside, or operate/have business activities in the above jurisdictions? To the best of your knowledge, please provide us the names of the individuals, their role in the company and the business activity involved. 4. Is/Are the company, company s connected/related parties or company s business partners Currently sanctioned or Have any business dealings/transactions with parties and/or activities that are sanctioned To the best of your knowledge, please provide a summary of the sanctioned party s name, location, name of the sanction program, the association to the company, if there are any applicable licenses to deal with the sanctioned party and/or activities, how and what kind of UOB products and services are involved in such activities/transaction. Page 15 of 68
17 Section D: Detailed information of Company s Exposure - TO BE ONLY COMPLETED FOR TRADING ENTITIES (i.e. BUY/SELL GOODS) If yes to any of the questions in Section B, please provide more information to the corresponding questions 1. Does the company or company s business partners have any offices, business activities, shipments (Inc. trans-shipment) or transactions in Liaoning Province (China)? To the best of your knowledge, please provide a summary of the company or company s business partners exposure in Liaoning Province (Inc. business partners legal name, activities involved, vessels involved, detailed shipment route, transactions flow (currency involved), etc), how and what kind of UOB products and services are involved in such activities/transaction. 2. Does the company or company s business partners maintain any relationship with financial institutions in Liaoning Province (China)? To the best of your knowledge, please provide a summary of the company or company s business partners relationship with the financial institutions in Liaoning Province (Inc. Name of the Financial Institutions, activities involved, transactions flow (currency involved), etc.), how and what kind of UOB products and services are involved in such activities/transaction. 3. Does the company transact, send or receive payments on behalf of an unrelated 3rd party that cannot be explained or make any commercial rationale? To the best of your knowledge, please provide a summary of the company or company s business partners rationale of sending or receiving payments on behalf of an unrelated 3rd party (Inc. Name of the 3rd party, relationship between the 2 parties, activities involved, transactions flow (currency involved), etc.), how and what kind of UOB products and services are involved in such activities/transaction. 4. Does the company share the same office address, telephone numbers, beneficial owners, authorised signatories, employees with an unrelated 3rd party? To the best of your knowledge, please provide a summary of the company rationale of having the same office address, telephone numbers, beneficial owners, authorised signatories, employees with an unrelated 3rd party. Page 16 of 68
18 18 Risk Declaration / Declaration # By signing on this consent and confirmation, we acknowledge and confirm There may be risks to my/our initial investment, among which may include short term fluctuations. We are willing to take large amount of investment risk including incurring possible losses which may be over and above the initial investment made in exchange for higher potential capital gains. We declare to the best of my knowledge and belief that the information given above is true in every respect. Signature of Authorised Signatory (ies) # Mandatory signature required Signature of Authorised Signatory (ies) # Mandatory signature required Name & Designation Name & Designation Date Date For and on behalf of: ("Company") Page 17 of 68
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37 RISK DISCLOSURE STATEMENT REQUIRED TO BE FURNISHED AND TO BE KEPT BY THE HOLDER OF A CAPITAL MARKETS SERVICES LICENCE TO TRADE IN FUTURES CONTRACTS OR LEVERAGED FOREIGN EXCHANGE CONTRACTS UNDER THE SECURITIES AND FUTURES ACT (CAP. 289) OF SINGAPORE (The references to you and Customer below include references to the Applicant.) FORM 13 SECURITIES AND FUTURES ACT (Cap. 289) SECURITIES AND FUTURES (LICENSING AND CONDUCT OF BUSINESS) REGULATIONS (Rg 10) RISK DISCLOSURE STATEMENT REQUIRED TO BE FURNISHED UNDER REGULATION 47E(1) AND TO BE KEPT UNDER REGULATION 39(2)(c) BY THE HOLDER OF A CAPITAL MARKETS SERVICES LICENCE TO TRADE IN FUTURES CONTRACTS OR LEVERAGED FOREIGN EXCHANGE CONTRACTS 1. This statement is provided to you in accordance with regulation 47E(1) of the Securities and Futures (Licensing and Conduct of Business) Regulations (Rg 10). 2. This statement does not disclose all the risks and other significant aspects of trading in futures, options and leveraged foreign exchange. In light of the risks, you should undertake such transactions only if you understand the nature of the contracts (and contractual relationships) into which you are entering and the extent of your exposure to the risks. Trading in futures, options and leveraged foreign exchange may not be suitable for many members of the public. You should carefully consider whether such trading is appropriate for you in the light of your experience, objectives, financial resources and other relevant circumstances. In considering whether to trade, you should be aware of the following: (a) Futures and Leveraged Foreign Exchange Trading (i) Effect of Leverage or Gearing Transactions in futures and leveraged foreign exchange carry a high degree of risk. The amount of initial margin is small relative to the value of the futures contract or leveraged foreign exchange transaction so that the transaction is highly leveraged or geared. A relatively small market movement will have a proportionately larger impact on the funds you have deposited or will have to deposit; this may work against you as well as for you. You may sustain a total loss of the initial margin funds and any additional funds deposited with the firmto maintain your position. If the market moves against your position or margin levels are increased, you may be called upon to pay substantial additional funds on short notice in order to maintain your position. If you fail to comply with a request for additional funds within the specified time, your position may be liquidated at a loss and you will be liable for any resulting deficit in your account. (ii) Risk-Reducing Orders or Strategies The placing of certain orders (e.g. stop-loss orders, where permitted under local law, or stop-limit orders) which are intended to limit losses to certain amounts may not be effective because market conditions may make it impossible to execute such orders. At times, it is also difficult or impossible to liquidate a position without incurring substantial losses. Strategies using combinations of positions, such as spread and straddle positions may be as risky as taking simple long or short positions. (b) Options (i) Variable Degree of Risk Transactions in options carry a high degree of risk. Purchasers and sellers of options should familiarise themselves with the type of options (i.e. put or call) which they contemplate trading and the associated risks. You should calculate the extent to which the value of the options would have to increase for your position to become profitable, taking into account the premium paid and all transaction costs. The Page 36 of 68
38 purchaser of options may offset its position by trading in the market or exercise the options or allow the options to expire. The exercise of an option results either in a cash settlement or in the purchaser acquiring or delivering the underlying interest. If the option is on a futures contract or leveraged foreign exchange transaction, the purchaser will have to acquire a futures or leveraged foreign exchange position, as the case may be, with associated liabilities for margin (see the section on Futures and Leveraged Foreign Exchange Trading above). If the purchased options expire worthless, you will suffer a total loss of your investment which will consist of the option premium paid plus transaction costs. If you are contemplating purchasing deep-out-of-the-money options, you should be aware that, ordinarily, the chance of such options becoming profitable is remote. Selling ( writing or granting ) an option generally entails considerably greater risk than purchasing options. Although the premium received by the seller is fixed, the seller may sustain a loss well in excess of the amount of premium received. The seller will be liable to deposit additional margin to maintain the position if the market moves unfavourably. The seller will also be exposed to the risk of the purchaser exercising the option and the seller will be obligated to either settle the option in cash or to acquire or deliver the underlying interest. If the option is on a futures contract or a leveraged foreign exchange transaction, the seller will acquire a futures or leveraged foreign exchange position, as the case may be, with associated liabilities for margin (see the section on Futures and Leveraged Foreign Exchange Trading above). If the option is covered by the seller holding a corresponding position in the underlying futures contract, leveraged foreign exchange transaction or another option, the risk may be reduced. If the option is not covered, the risk of loss can be unlimited. Certain exchanges in some jurisdictions permit deferred payment of the option premium, limiting the liability of the purchaser to margin payments not exceeding the amount of the premium. The purchaser is still subject to the risk of losing the premium and transaction costs. When the option is exercised or expires, the purchaser is responsible for any unpaid premium outstanding at that time. (c) Additional Risks Common to Futures, Options and Leveraged Foreign Exchange Trading (i) Terms and Conditions of Contracts You should ask the corporation with which you conduct your transactions for the terms and conditions of the specific futures contract, option or leveraged foreign exchange transaction which you are trading and the associated obligations (e.g. the circumstances under which you may become obligated to make or take delivery of the underlying interest of a futures contract or a leveraged foreign exchange transaction and, in respect of options, expiration dates and restrictions on the time for exercise). Under certain circumstances, the specifications of outstanding contracts (including the exercise price of an option) may be modified by the exchange or clearing house to reflect changes in the underlying interest. (ii) Suspension or Restriction of Trading and Pricing Relationships Market conditions (e.g. illiquidity) or the operation of the rules of certain markets (e.g. the suspension of trading in any contract or contract month because of price limits or circuit breakers ) may increase the risk of loss by making it difficult or impossible to effect transactions or liquidate/offset positions. If you have sold options, this may increase the risk of loss. Further, normal pricing relationships between the underlying interest and the futures contract, and the underlying interest and the option may not exist. This can occur when, e.g., the futures contract underlying the option is subject to price limits while the option is not. The absence of an underlying reference price may make it difficult to judge fair value. (iii) Deposited Cash and Property You should familiarise yourself with the protection accorded to any money or other property which you deposit for domestic and foreign transactions, particularly in a firm s insolvency or bankruptcy. The extent to which you may recover your money or property may be governed by specific legislation or local rules. In some jurisdictions, property which had been specifically identifiable as your own will be prorated in the same manner as cash for purposes of distribution in the event of a shortfall. Page 37 of 68
39 (d) Commission and Other Charges Before you begin to trade, you should obtain a clear explanation of all commissions, fees and other charges for which you will be liable. These charges will affect your net profit (if any) or increase your loss. (e) Transactions in Other Jurisdictions Transactions on markets in other jurisdictions, including markets formally linked to a domestic market, may expose you to additional risk. Such markets may be subject to a rule which may offer different or diminished investor protection. Before you trade, you should enquire about any rules relevant to your particular transactions. Your local regulatory authority will be unable to compel the enforcement of the rules of the regulatory authorities or markets in other jurisdictions where your transactions have been effected. You should ask the firm with which you conduct your transactions for details about the types of redress available in both your home jurisdiction and other relevant jurisdictions before you start to trade. (f) Currency Risks The profit or loss in transactions in foreign currency-denominated futures and options 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. (g) Trading Facilities Most open-outcry and electronic trading facilities are supported by computer-based component systems for the order-routing, execution, matching, registration or clearing of trades. As with all facilities and systems, they are vulnerable to temporary disruption or failure. Your ability to recover certain losses may be subject to limits on liability imposed by the one or more parties, namely the system provider, the market, the clearing house or member firms. Such limits may vary. You should ask the firm with which you conduct your transactions for details in this respect. (h) Electronic Trading Trading on an electronic trading system may differ not only from trading in an open-outcry market but also from trading on other electronic trading systems. If you undertake transactions on an electronic trading system, you will be exposed to risks associated with the system including the failure of hardware and software. The result of any system failure may be that your order is either not executed according to your instructions or not executed at all. (i) Off-Exchange Transactions In some jurisdictions, firms are permitted to effect off-exchange transactions. The firm with which you conduct your transactions may be acting as your counterparty to the transaction. It may be difficult or impossible to liquidate an existing position, to assess the value, to determine a fair price or to assess the exposure to risk. For these reasons, these transactions may involve increased risks. Off-exchange transactions may be less regulated or subject to a separate regulatory regime. Before you undertake such transactions, you should familiarise yourself with the applicable rules and attendant risks. Note: Margin means an amount of money, securities, property or other collateral, representing a part of the value of the contract or agreement to be entered into, which is deposited by the buyer or the seller of a futures contract or in a leveraged foreign exchange transaction to ensure performance of the terms of the futures contract or leveraged foreign exchange transaction. Page 38 of 68
40 ACKNOWLEDGEMENT OF RECEIPT OF THIS RISK DISCLOSURE STATEMENT This acknowledges that I /we have received a copy of the RISK DISCLOSURE STATEMENT and understand its contents. Name of Applicant : ( the Company ) Signature of Authorised Signatory(ies) : Name of Authorised Signatory(ies) : Designation of Authorised Signatory(ies): Date : (DD/MM/YY) Page 39 of 68
41 RISK DISCLOSURE STATEMENT REQUIRED TO BE FURNISHED BY A COMMODITY BROKER OR SPOT COMMODITY BROKER UNDER THE CTA (The references to you and Customer below include references to the Applicant.) FORM 3 COMMODITY TRADING ACT (CHAPTER 48A) COMMODITY TRADING REGULATIONS RISK DISCLOSURE STATEMENT REQUIRED TO BEFURNISHED BY A COMMODITY BROKER OR SPOT COMMODITY BROKER 1. This statement is provided to you in accordance with section 32 (1) of the Commodity Trading Act. 2. The intention of this statement is to inform you that the risk of loss in trading in commodity contracts and in spot commodity contracts can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. 3. In considering whether to trade, you should be aware of the following: (a) Margin: You may sustain a total loss of the initial margin and any additional margins that you deposit to establish a position or maintain positions in the commodity market or spot commodity market. If the market moves against your positions, you may be called upon to deposit a substantial amount of additional margins, on short notice, in order to maintain your positions. If you do not provide the required margins within the prescribed time, your positions may be liquidated at a loss, and you will be liable for any resulting deficit in your account. (b) Liquidation of position: Under certain market conditions, you may find it difficult or impossible to liquidate a position. (c) Contingent orders: Placing contingent orders, such as "stop-loss" or "stop-limit" order, will not necessarily limit your losses to the intended amounts, since market conditions may make it impossible to execute such orders. (d) "Spread" position: A "spread" position may not be less risky than a simple "long" or "short" position. (e) Leverage: The high degree of leverage that is often obtainable, trading in commodity contracts and spot commodity trading because of the small margin requirements can work against you as well as for you. The use of leverage can lead to large losses as well as gains. (f) Foreign markets and off-futures exchange transactions: Funds placed with a commodity broker or spot commodity broker for the purpose of participating in foreign markets, such as New York Mercantile Exchange or Chicago Board of Trade transactions, may not enjoy the same level of protection as funds placed in commodity markets located in Singapore. 4. This brief statement cannot disclose all the risks and other significant aspects of the commodity market. You should therefore carefully study trading in commodity contracts and spot commodity trading before you trade. Page 40 of 68
42 ACKNOWLEDGEMENT OF RECEIPT OF THIS RISK DISCLOSURE STATEMENT This acknowledges that I /we have received a copy of the RISK DISCLOSURE STATEMENT and understand its contents. Name of Applicant : ( the Company ) Signature of Authorised Signatory(ies) : Name of Authorised Signatory(ies) : Designation of Authorised Signatory(ies): Date : (DD/MM/YY) Page 41 of 68
43 FOR NOTING BY US APPLICANTS ONLY Notification Regarding Availability of National Futures Association Arbitration Program In connection with UOBBF s receipt of exemptive relief under Commodity Futures Trading Commission Rule 30.10, UOBBF has consented to participate in any National Futures Association ( NFA ) arbitration program which offers a procedure for resolving customer disputes on the papers where such disputes involve representations or activities which respect to foreign futures and option transactions under Part 30 of the regulations under the Commodity Exchange Act. UOBBF is hereby notifying you as a customer resident in the United States of the availability of such a NFA arbitration program. For further information regarding such NFA arbitration program please visit the NFA s website at: Page 42 of 68
44 CERTIFIED TRUE COPY OF RESOLUTIONS I/We, the undersigned, hereby certify that in respect of the Applicant (as defined in the extract below), the following Resolutions dated (DD/MM/YY) have been duly adopted and passed by: (Please tick accordingly) where the Applicant is a corporation, the Board of Directors of the corporation in accordance with its memorandum and articles of association/charter/constitution, where the Applicant is a corporation acting as a trustee of the trust known as (the "Trust"), the Board of Directors of the corporation in accordance with its memorandum and articles of association/charter/constitution, where the Applicant is a limited liability partnership ("LLP"), the partners of the LLP in accordance with its LLP agreement, where the Applicant is a partnership, the partners of the partnership in accordance with its partnership agreement/deed, where the Applicant is a society, association or club, the duly authorised committee or body of the society, association or club in accordance with its rules, charter or constitution, which Resolutions are now in full force and effect. "RESOLVED: Appointment of Brokers Accounts and Services 1. That (the "Applicant") be authorised to open any number of accounts of any type (each an "Account" and collectively "Accounts") with UOB Bullion and Futures Limited ( UOBBF ), to use any of the services offered by UOBBF from time to time (each a "Service" and collectively "Services") and to enter into trades and transactions with or through UOBBF. 2. That it be and is hereby noted and resolved that the Applicant hereby accepts, and agrees to be bound by, the terms and conditions in UOBBF s application form(s), UOBBF s prevailing Client Agreement, any subsequent amendments to such Client Agreement as UOBBF may make from time to time in accordance with the Client Agreement, and any and all other agreements relating to the provision of any Service. 3. That for the purpose of these Resolutions, the definitions "Accounts" and "Services" shall mean all Accounts and Services of the Applicant with UOBBF including Accounts and Services existing as at the date hereof ("Existing Accounts and Existing Services"). Appointment and Authority of Approved Persons, Approved Dealers and Delegates 4. Approved Persons: That the persons whose names are set out in Schedule 1 hereto be and are hereby appointed as "Approved Persons" with authority to take the following actions in accordance with the signing conditions set out in the Schedule 1 hereto, for and on behalf of and in the name of the Applicant: (a) to open, operate and close any Account with UOBBF; Page 43 of 68
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