AGREEMENT ON ADMINISTRATION OF FINANCIAL INSTRUMENTS ACCOUNT, EXECUTION OF ORDERS AND TRADING VIA TRADING PLATFORM

Transcription

1 AGREEMENT ON ADMINISTRATION OF FINANCIAL INSTRUMENTS ACCOUNT, EXECUTION OF ORDERS AND TRADING VIA TRADING PLATFORM Version: Amenda Markets AS IBS Elizabetes 63-24, Riga LV-1050, Latvia Phone: Fax:

2 Contents SPECIAL PROVISIONS...2 GENERAL PROVISIONS Object Definitions Margin and Access to Trading Platform. Account Placement and Execution of Orders Information, Notices and Reports regarding Services Provided Payment Client s Representations and Consents Validity and Termination of the Agreement Final Provisions...13 This Agreement on Administration of Financial Instruments Account, Execution of Orders and Trading via Trade Platform (hereinafter the Agreement ) has been concluded by and between: Amenda Markets AS IBS (hereinafter the Company ) Legal entity code: Registered address: Elizabetes 63-24, Riga, Latvia, LV-1050 License No.: /420 Telephone number: Fax number: support@amendafx.com and Natural or legal person that has entered into this Agreement (hereinafter the Client ) The Company and the Client collectively may be hereinafter referred to as the Parties and each individually the Party. SPECIAL PROVISIONS 1. The base currency of the Account shall be any or all (if the Client opens several Accounts) of these: USD, JPY, GBP or EUR. 2. The Client hereby undertakes to transfer any funds (including the initial deposit (margin)) hereunder from the Client s current account to the Bank account in the base currency of the Account indicated herein above, and 2 / 14

3 the Company hereby undertakes to credit the funds received to the respective Account. If the Client transfers any funds hereunder to the Bank account in any currency other than that of the Account opened for the Client indicated herein above, the Company shall have the right to refuse crediting the funds to the Account and to return the funds to the Client or to convert the funds to the base currency of the Account in accordance with the currency rate offered by the Bank applying the Company s fee for currency exchange in accordance with the Pricelist. 3. The Client hereby irrevocably accepts that the Company shall provide any information to the Client (including without limitation, the Terms and Conditions of Trading Platform), as well as any other agreements with the Company and any information provided via the Trading Platform) in the English language. The Client hereby represents that the use of the English language for the provision of any information to the Client is acceptable to and appropriate for the Client, the Client understands the English language (including the specific terms, characteristic exclusively to the financial markets) and assumes any risk associated with the use of the English language. 4. The Client hereby acknowledges and agrees that: 4.1. By completing and submitting to the Company Account opening form and clicking on the I Accept button or similar buttons or links as may be designated by the Company on the Company s website or (and) on the Trading Platform shows his/hers approval of this Agreement and other Documentation; 4.2. By continuing to access or use the Company s website or (and) Trading Platform the Client is entering into a legally binding contract and fully agrees to abide by and to be bound by all the terms and conditions set out in the Agreement and Documents. 5. By signing the Agreement, the Client represents to be aware of the Terms and Conditions of Trading Platform, the Pricelist, the Policy for Prevention of Conflicts of Interest, the Order Execution Policy, the Policy for Determination of Client Status, the Description of Forex (Rolling Spot FX) Trading and Margin Trading Related Risks, Ex-ante Information on Costs, Associated Charges and Inducements and Key Information Document understands and accepts the provisions thereof. The Client hereby accepts that the actual wording of the documents indicated herein above as well as other documents and the information referred to by the Company shall be provided to the Client by way of reference to the Company s website or (and) shall be displayed on the Trading Platform. 6. The minimum requirement for the initial deposit (margin) to be provided by the Client (i.e. the initial amount of the funds provided as a financial collateral or pledged as a possessory pledge for the purposes set out in terms of the Trading Platform and the Agreement is published on the Company s website. 3 / 14

4 7. The Client hereby represents to understand that in the course of trading via Trade Platform no investment recommendation will be provided, the Client hereby accepts that and does not request any such recommendation. 8. The Company hereby indicates to the Client and the Client hereby represents to understand and accept as follows: 8.1. Any risk related to the trading in Financial Instruments via Trade Platform is assumed exclusively by the Client. The Client represents to be willing and capable, including without limitation, financially, to assume any risk related to the trading in Financial Instruments via Trade Platform The margin trading: (i) gives an opportunity for both huge profits or huge losses compared to the invested own funds; (ii) exposes to high risk irrespective of whether the Client is the buyer or the seller to a respective Contract and irrespective of the underlying asset; (iii) in case the market prices move against the positions opened by the Client, the Client may suffer substantial losses. Amenda Markets provides the retail Clients with the negative balance protection and potential losses retail Clients may not exceed the amounts which have been paid (as margin). However, potential losses of professional Client may exceed the amounts, which have been paid (as margin) and the debt may incurre against Amenda Markets. (iv) further to the entire loss of the invested funds which may result in considerable outstanding amounts; (iv) due to sudden market changes, the Client's positions may be closed upon an extremely short notice before the deposit (margin) is increased by the Client; 8.3. In case the deposit (margin) level, i.e. the ratio of the required deposit (margin requirement) to the actual account value (available margin) reaches the margin maintenance rate level indicated in the Trading Platform, all positions of the Client will be closed without a separate notice. The Client hereby assumes any risk related to the failure to comply with the deposit (margin) requirements as well as the negative consequences related thereto The Company shall have the right, without negative effect to the Company, to act as follows: (i) to limit the value of Contracts (open positions) entered into by the Client on the Trading Platform; and (or) (ii) to refuse to enter into a Contract with the Client in the cases stipulated in the terms of the Trading Platform. The Client shall assume any risk related to the restrictions stipulated herein above Where the Client places an Order to the Company on entering into a Contract opposite to any open position(s) of the Client, the opposite position shall be closed following the FIFO principles, unless there are any Orders related to the aforementioned position or unless agreed otherwise The Company shall have the right but is not obliged to close the Client's directly opposite positions in the same Account or in different Accounts of the same Client. If the Client holds directly opposite open positions in different Accounts, the Company shall not close such opposite positions, unless this is necessary for the 4 / 14

5 Company's risk management purposes. If opposite positions are not closed, they can be rolled over on a continuous basis and the Client may incur the expenses indicated in the Pricelist due to such roll-over The Client may place Orders to the Company via Trade Platform. After reception of the Client's Order, the Company shall give the Client a confirmation of reception of the Order via Trade Platform. Unless the Client immediately but no later than within 2 (two) Business Days submits any written comments on the confirmation of reception of the Order, the Client shall waive the right, to the extent permitted by the laws, to claim for remuneration of the damages resulting from an incorrect Order, save for manifest errors The Client is responsible for all the Orders and for the accuracy of any information sent on-line using the Client's name, password or other personal identification means implemented for the Client identification purposes. The Client shall be liable to the Company under Contracts executed using the Client's password even if such usage were illegal The losses, which the Company may incur in relation to the Orders placed by a person with an explicit or implied authority to place Orders to the Company on behalf of the Client, shall be within the Client's liability The prices of the Contracts quoted by the Company may contain errors. In any such event, without prejudice to any other rights which the Company may have under the applicable law, the Contract is not binding upon the Company if the Contract was entered into (irrespective of whether the Company has or has not confirmed it) at a price: (i) which, the Company is able to substantiate to the Client, was manifestly incorrect at the time of entering into the Contract; or (ii) which was or should have reasonably been known by the Client to be incorrect at the time of entering into the Contract. In this case the Company reserves the right to cancel the Contract or to correct the incorrect price to either the historic correct market price or the price at which the Company has hedged the Contract The Company shall not and will not provide any tax advice to the Client in relation to the services rendered by the Company under the Agreement and the Documents. The Client must make his/her own analysis of the application/treatment of taxes relevant to his/her jurisdiction and legal form Any information provided on or sent via the Trading Platform relating to the Financial Instruments and contracts, including without limitation the research carried out by financial analysts and the results of such research or other information: (i) shall not be considered as an offer to buy or sell or an offer to make an offer to buy or sell; (ii) although substantiated by the information from the sources considered reliable by the Company, such information may be substantiated exclusively on the brokers' opinion; (iii) may be incomplete and unverified or unverifiable. The Company hereby makes no warranties and no representations related to the correctness or completeness of the information provided to the Client and shall not be liable for that. 5 / 14

6 9. The Client hereby represents the Agreement has been concluded on the sole initiative and request of the Client. 10. The Client hereby represents to be aware of and accept the limitations of the civil liability stipulated in the Terms and Conditions of Trading Platform, including, but not limited to, the limitations of the civil liability resulting from technical failures or disruptions, disturbances, difficulties and errors which hinder or prevent from the proper use of the Trading Platform. 11. The Client hereby represents that all required information on the essence of the investment services provided hereunder and on the nature of and the risk associated with the Financial Instruments has been provided to him/her sufficiently in advance with sufficient time given so as to make sound investment decisions on an informed basis. 12. The Client is aware that all his/her personal data and (or) documentation collected by the Company is collected to assess whether the Services provided hereunder are suitable for the Client and for other regulatory purposes. The Client accepts such use of his/her personal data. 13. The Client hereby accepts that the Company may disclose the Client's personal data (including without limitation, the personal number) and the information on the Financial Instruments, currently (previously) held by the Client by the right of ownership, to the custodians of Financial Instruments and (or) financial intermediaries, and (or) third parties wherewith the Client has entered into agreements via the Trading Platform for the provision of services, and (or) the institutions legally authorized to request the information, and (or) tax, accounting, legal advisers to the extent as the Company may need to comply with the requirements of the tax and (or) supervisory authorities, and (or) in other cases provided by legal acts, and (or) for the Company to fulfil its contractual obligations related to the agreements entered into between the Client and third parties. 14. In the event of any discrepancy between these Special Provisions and the General Provisions of the Agreement, these Special Provisions shall prevail. 1. Object GENERAL PROVISIONS 1.1. The Company hereby undertakes to provide the following services to the Client in accordance with the procedure established in the Agreement and the Documents: To receive and execute the Client s Orders via the Trading Platform; To ensure that Client enters into Contracts offered via the Trading Platform; To provide custody and booking services in respect of the Financial Instruments and funds held by the Client; To provide other services stipulated in the Agreement or in the Documents. 6 / 14

7 1.2. The Agreement and any Annexes hereto, the Terms and Conditions of the Trading Platform, the Pricelist, Policy for Prevention of Conflicts of Interest, the Order Execution Policy, the Policy for Determination of Client Status, the Description of Forex (Rolling Spot FX) Trading and Margin Trading Related Risks, Ex-ante Information on Costs, Associated Charges and Inducements and Key Information Document shall constitute the entire agreement between the Client and the Company on the provision of Investment and (or) Ancillary Services to the Client and shall be interpreted in the entirety. In the event of any discrepancy between the Documents, the Terms and Conditions of the Trading Platform shall prevail. The Client hereby accepts that the actual wording of the Documents and other documents referred to by the Company, as well as any information to the Client, shall be provided by reference to the Company s website and (or) the Trading Platform. 2. Definitions 2.1. Unless the context requires otherwise, for the purpose of the Agreement, the following capitalized terms shall have the following meaning: Account means a personal account opened with the Company for the Client and used for the custody and booking of the Financial Instruments purchased by the Client or (and) the Contracts entered into by the Client via the Trading Platform, and the funds of the Client intended for trading on the Trading Platform Bank account a bank account indicated in the trader s room for the transfer of the funds of the Client to be pledged to the Company and used for the trading via the Trading Platform Business Day a business day in accordance with the legislation of the Republic of Latvia on which credit institutions licensed in Latvia serve their clients. Information on trading hours and support hours the Company is published on the Company s website Contract means a contract in respect of Financial Instruments entered by the Client via the Trading Platform or any other contract entered into by the Client via the Trading Platform, except for the contracts and (or) agreements specified in Clause 7.2 herein below. The list of the contracts that the Client has a right to enter into hereunder is provided on the Trading Platform Documents mean the Terms and Conditions of Trading Platform, including any information published on the Trading Platform, the Pricelist, the Policy for Prevention of Conflicts of Interest, the Order Execution Policy, the Policy for Determination of Client Status, the Description of Forex (Rolling Spot FX) Trading and Margin Trading Related Risks, Ex-ante Information on Costs, Associated Charges and Inducements and Key Information Document Financial Instrument has the meaning as defined by the Republic of Latvia Law on Markets in Financial Instruments. The Financial Instruments in respect of which the Client may place Orders in the procedure established hereunder are listed on the Trading Platform Order means the Client s instruction to the Company regarding Financial Instruments or (and) Contracts to be entered into via the Trading Platform. 7 / 14

8 Pricelist means the Pricelist for Investment and Ancillary Services and Trading Platform Commissions, Charges and Margin Schedule approved and published by the Company, including all subsequent amendments and (or) supplements, provided on the Company s website and/ or on the Trading Platform Trading Platform means the online real-time trading platform, for the reception and execution of the Client s Orders and (or) for entering into Contracts with the Client, including the trader s room available on the Company s webpage where Clients may carry out all their Account related activities In the Agreement, references to the singular shall also include the plural. 3. Margin and Access to Trading Platform. Account 3.1. The Client hereby undertakes to transfer an amount that is not less than the minimum initial deposit (margin) specified on the Company s website from the Client s current account to the Bank s account designated in the trader s room. The funds transferred to the Bank s account shall be deemed to be pledged in favor of the Company and in favor of custodian of the Client s assets in case determined so by the respective agreement. Upon the Company s request for the delivery of an additional margin, the Client shall immediately deliver such additional margin. Once the additional margin has been transferred by the Client, it shall automatically become pledged in favor of the Company and in favor of custodian of the Client s assets in case determined so by the respective agreement as of the moment of crediting to the Bank s account designated in the trader s room The Company and the Client hereby agree that the Company shall grant the Client the access to the Trading Platform within 3 (three) Business Days from the date of the credit of the initial deposit (margin) specified on the Company s website to the Bank s account by sending the Client the Client s identification number and the user password for the access to the Trading Platform at the Client s address specified herein above and by activating the Account. The Client is obliged to change the user password sent by the Company during the first session on the Trading Platform. The Client hereby undertakes to keep the Client s identification number and user password for the access to the Trading Platform in secret and, in the event of loss or disclosure of this information to any third parties, the Client shall immediately notify the Company thereof and block access to the Trading Platform. Account 3.3. The Company shall open an Account for the Client, which, in accordance with the procedure established by the relevant legal acts, will be used to keep a record of the Financial Instruments purchased and (or) Contracts entered into by the Client via the Trading Platform and of the funds of the Client intended for trading on the Trading Platform In order to deposit funds in the Account, the Client shall transfer the funds from the current account opened for the Client to the Bank s account designated in the trader s room, however, such transfer from the Client s payment institution shall contain sufficient details to identify the Client. The Client is aware and accepts that 8 / 14

9 funds may be deposited in the Account by transfer made only from the current account or brokerage account in another brokerage company opened for the Client The funds in the Account shall be used for the Client s trading on the Trading Platform only No interest shall be paid on the balance of funds in the Account, unless the Company decides otherwise To withdraw funds from the Account, the Client shall have the right to give the Company a request via the Trading Platform. The Company will transfer the amount of funds specified by the Client from the Account to the Client s current account designated in the respective order not later than on the next Business Day following the reception of the Client s instruction, if the Client may freely dispose of the funds in the Account, after deduction of the following amounts: Funds for settlements under Orders placed by the Client; Funds for settlements under Contracts entered into by the Client; Funds that are pledged, seized or otherwise encumbered; Overdue financial liabilities to the Company or to the custodian of Client s assets Irrespective of the provisions of Clause 3.7. above, the Company shall have the right, without negative effect to the Company, to refuse to transfer the funds or any part thereof from the Account if the Client cannot freely dispose of the funds in the Account or any part thereof or (and) in the event of any breach of the Agreement or Documents by the Client or (and) if such transfer results in the margin maintenance rate falling below the margin requirement The Client acknowledges and agrees that the Financial instruments that belong to the Client may be used in transactions, including securities financing transactions, that are made by the Company for its own account or for other client's account The Client acknowledges and agrees that the assets that belong to the Client may be held in an omnibus account together with assets of other clients of the Company. Such holding of the Client s assets is related with the risk that the Client's assets may be used in an indirect way to cover another client's positions. 4. Placement and Execution of Orders 4.1. The Company shall have the right to perform transactions in respect of the Client s Financial Instruments or (and) ensure that the Client enters into Contracts via the Trading Platform on the basis of the Client s Orders, placed in accordance with the procedure established in the Agreement and the Documents The Client shall place Orders via the Trading Platform Upon reception of the Client s Order to perform transactions in respect of Financial Instruments or (and) to enter into a Contract, the Company via Trading Platform informs the Client on the reception of the Order. The Client s Order shall be deemed executed or (and) the respective Contract shall be considered entered into only after the Company has informed the Client via the Trading Platform on the execution of the Oder. 9 / 14

10 4.4. The Client may cancel or change an Order at any time prior to the execution in accordance with the procedure established in the Documents or (and) on the Trading Platform The Company shall have the right to refuse to execute the Client s Order if the Client has not delivered sufficient Financial Instruments or funds (margin requirement) or (and) in the event of any breach of the Agreement or the Documents by the Client or (and) in other cases stipulated in the Documents Upon execution of an Order in respect of Financial Instruments for or (and) entering into a Contract, the Company shall inform the Client via the Trading Platform to confirm the execution of the Client s Order or (and) entering into the Contract with the Client. 5. Information, Notices and Reports regarding Services Provided 5.1. The Company shall give notices (reports) regarding the Orders executed or (and) Contracts entered into with the Client. The Company and the Client hereby agree that notices (reports) regarding the Orders executed or (and) Contracts entered into with the Client shall be given to the Client by the Company, in writing, within 7 (seven) Business Days of the reception of the Client s respective request by the Company. The Client hereby agrees to pay the Company the fees for the written notices (reports) as per the Pricelist 5.2. The Company shall give confirmations of the reception and execution of Orders in accordance with the procedure and within the terms stipulated in Section 4 of the General Provisions of the Agreement and in the Documents The information to the Client regarding the Client s Financial Instruments and funds held in the Account shall be given by the Company via the Trading Platform Any other notices or information under the Agreement or the Documents shall be given by the Company to the Client via the Trading Platform or (and) by electronic mail or (and) in any other manner stipulated in the Documents. 6. Payment 6.1. The Parties hereby agree that the Client shall pay the Company the fees indicated in the Pricelist for the Services provided hereunder in the manner and within the terms stipulated in the Documents and in the Pricelist. 7. Client s Representations and Consents 7.1. By signing the Agreement, the Client represents to have properly studied and to accept Terms and Conditions of Trading Platform, the Pricelist, the Policy for Prevention of Conflicts of Interest, the Order Execution Policy, the Policy for Determination of Client Status, the Description of Forex (Rolling Spot FX) Trading and Margin Trading Related Risks, Ex-ante Information on Costs, Associated Charges and Inducements and Key Information Document and to have received electronic copies thereof. The Client is aware that the actual wording of the documents referred to in this Clause above is available at any time on the 10 / 14

11 Company s website and (or) the Trading Platform. When placing each Order, the Client represents that, at the time of placing such Order, he/she is aware of the actual wording of the relevant documents referred to in this Clause above applicable to the execution of the relevant Order The Client hereby represents to be aware that the Trading Platform may provide an option for the Client to enter into contracts and (or) agreements with third parties for the provision of services and hereby assumes all risks and liabilities related to the entering into and execution of such contracts and (or) agreements The Client hereby represents to be aware of his/her categorization as a non-professional client The Client also makes the following representations: The information provided by the Client to the Company prior to the conclusion and during the validity term of the Agreement, including, without limitation, the information regarding the Client s knowledge and experience in the investment field in relation to the specific Services and Financial Instruments, is accurate, true and complete; Any information, provided by the Client to third parties via the Trading Platform when entering into contracts and (or) agreements with them for the provision of services or in the course of execution of such contracts and (or) agreements, is accurate, true and complete; The investment amount and the leverage, if the Client is trading on margin (i.e. trading using borrowed funds) have been selected by the Client as reasonable at his/her own discretion, after an assessment of his/her overall financial situation (either made by the Client independently or with the assistance of third parties); The Client has a regular access to the internet and accepts that the identification means for the access to the Trading Platform shall be provided to the Client by electronic mail; the Client also undertakes to ensure the privacy protection of his/her personal electronic mail and the security of the information (including the obligation to protect the hardware used by the Client by the necessary antivirus, spyware and other software ensuring the security of the information transmitted); The Company may provide information to the Client via the Trading Platform or by any other means stipulated in the Documents; the Client accepts that the Company may provide any information that is not personally addressed to the Client by displaying it on the Company s website and (or) the Trading Platform; The Company shall have the right to send newsletters and other investment related information to the Client by electronic mail, mobile communication or other electronic means, and the Client shall have the right to refuse to receive such information at any time by giving notice thereof to the Company Given the provision of the Policy for the Execution of Orders that the Client s Orders may be executed outside the regulated market or multilateral trading facility, the Company hereby notifies the Client of such possibility and the Client accepts that the Client s Orders may be executed outside the regulated market or multilateral trading facility in the cases stipulated in the Documents or (and) the Policy for the Execution of Orders and in accordance with the procedure established therein. Orders may be executed outside the regulated market or multilateral trading facility without a separate notice to the Client. 11 / 14

12 7.6. The Client shall immediately notify the Company on rise of any other circumstances, which could affect the placement or (and) execution of Orders or fulfillment of other rights or obligations of any Party hereto The Client hereby represents that the information provided to the Company with regard to the Client s state of residence and state of tax residence, if the latter differs from the state of residence (hereinafter together the State of Residence ) as well as the Client s TIN is true, and that the State of Residence specified by the Client has been determined in accordance with the legal acts of the relevant state. The Client hereby undertakes to immediately notify the Company of any change in the Client s State of Residence or any other information provided herein. The Client hereby acknowledges the following rights of the Company: The right to request the Client to furnish the evidence that the information with regard to the State of Residence specified herein above or in the Client s notice is true; The right to request the Client to compensate all direct and (or) indirect losses incurred by the Company if the information with regard to the Client s State of Residence and the Client s TIN provided by the Client is not true or if the Client has failed to notify the Company of any change in the State of Residence or any other information provided herein. If in the events specified in the legal acts and (or) agreements entered into with third parties, the specific legal regulation related to the Client s State of Residence gives a rise to any additional obligations for the Company, including without limitation, the obligation to report the information on the Client and (or) the Contracts in respect of Financial Instruments entered into by the Client, to the tax or other authorities of the relevant state, and the Company incurs any expense related to the performance of such obligations, the Client hereby undertakes to pay the Company the applicable fees indicated in the Pricelist and (or) to reimburse the expenses incurred by the Company on the Company s request Where this Agreement is signed by the Client s representative, such representative hereby represents to be duly authorized to sign the Agreement, place Orders with the Company or (and) enter into Contracts and (or) agreements with the Company or third parties via the Trading Platform, and perform other actions stipulated in the Agreement or (and) in the Documents. 8. Validity and Termination of the Agreement 8.1. The Agreement shall take effect and the Account shall be considered to be opened after the Company has transferred the Client s initial deposit (margin)) into the Client s Account. The Agreement shall remain in full force and effect for an indefinite period The Agreement may be amended and (or) supplemented by a mutual agreement between the Parties or, when this is required due to any changes in the Documents and (or) in the cases stipulated in the Agreement or the Documents, by the Company unilaterally giving a notice to the Client thereof in the manner and within the terms stipulated in the Agreement or the Documents. 12 / 14

13 8.3. The Company may amend the Agreement unilaterally by giving at least a 30 (thirty) calendar days notice thereof to the Client in writing or in any manner stipulated in Clause 5.4 herein above (such notice must be given on a durable medium). Unless by the date of effect of the respective amendment to the Agreement the Client gives a notice to the Company in respect of termination of the Agreement in accordance with the procedure stipulated in Clause 8.4 herein below, the Client shall be deemed to have accepted the respective amendment. Orders placed and Contracts between the Company and the Client before the date of effect of an amendment to the Agreement shall be executed under the terms and conditions of the Agreement effective before the amendment entered into force. The Company may amend the Agreement unilaterally with an immediate effect if it is so required by the applicable legislation The Company may terminate the Agreement unilaterally by giving a 30 (thirty) calendar days notice thereof to the Client in writing. In the events of default determined in the Terms and Conditions of the Trading Platform the Company shall have the rights to terminate the Agreement immediately. The Client may terminate the Agreement at any time by giving a notice thereof to the Company in writing. The termination notice shall be given by the Client together with the Order, in the form set by the Company, regarding the transfer of all Financial Instruments held in the Account to the financial instruments account manager designated by the Client. The Agreement shall be deemed terminated after the Company transfers all Financial Instruments held in the Account to the financial instruments account manager designated by the Client. The termination of the Agreement shall have no effect on the obligations of the Parties assumed before the termination of the Agreement and their performance After the termination of the Agreement, the Account shall be closed. The funds in the Account shall be transferred to the current account specified in the Agreement, while the Financial Instruments shall be transferred to the financial instruments account manager designated by the Client. 9. Final Provisions 9.1. The Agreement is made in an electronic way, and all the historical versions of the Agreement are available on the Company s webpage The Agreement is made in English language All disputes of the Parties which can arise in the course of preparation and fulfilment of the Agreement and/or documents arising out of the Agreement shall be resolved through negotiations. If the dispute cannot be resolved through negotiations, i.e., if within 30 (thirty) calendar days from the day, when one Party submitted to the second Party a written complaint, a written agreement, by which such dispute is solved, was not reached, such dispute shall be resolved according to Clause of the Agreement Any dispute, on which an agreement according to the procedure under Clause 9.3. was not reached, at the choice of the claimant shall be resolved by the Latvian Republic court or Court of Arbitration of the Association 13 / 14

14 of Latvian Commercial Banks, reg. No , in Riga, according to the material and procedural legal regulations of the Republic of Latvia If the dispute is referred to arbitration, then it shall be resolved according to the arbitration articles of association, Rules and Regulations on the Latvian Association of Commercial Banks Court of Arbitration Costs. Provisions of the said documents are deemed to be included in this Clause. Subject of such dispute - any material or non-material disputes or claims arising from the Agreement, including disagreements or claims regarding fulfillment of the Agreement, compensation for damages or securement, as well as any other disagreements or claims, which relate to the Agreement, its amending, violation, termination, legitimacy, validity or interpretation Decision of the arbitration court shall be final, non-appealable, and obligatory to the Parties. Number of arbitrators one. Language of arbitration proceedings Latvian. The Parties delegate appointment to the arbitrator to the Chairman of the Court of Arbitration of the Association of Latvian Commercial Banks The Parties agree that in case a dispute for any reason may not be resolved by the Court of Arbitration of the Association of Latvian Commercial Banks or the said court for any reason refused to resolve the dispute, or if on the basis of the decision of the said court the claimant was denied in issuing an executive document, such dispute shall be referred to the respective Latvian Republic court, taking into account location of the Company. 14 / 14