RE: CUSTOMER ACCOUNT REVIEW AND CUSTOMER KNOWLEDGE ASSESSMENTS FOR TRADING/INVESTING IN SPECIFIED INVESTMENT PRODUCTS ( SIPS )

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1 <CLIENT NAME> <ADDRESS 1> <ADDRESS 2> <POSTAL CODE> Ref Date : SIP/POEMS/1B/<NRIC> : <DATE OF PRINTING> Dear Valued Customer, RE: CUSTOMER ACCOUNT REVIEW AND CUSTOMER KNOWLEDGE ASSESSMENTS FOR TRADING/INVESTING IN SPECIFIED INVESTMENT PRODUCTS ( SIPS ) 1 Introduction 1.1 The 2008 global financial crisis has led regulators to re-examine the sale and marketing of certain investment products. Following various consultations with the industry and reviews conducted by the Monetary Authority of Singapore ( MAS ) in recent years, the MAS has released new measures to further safeguard the interests of retail customers 1. These measures, which will take effect from 1 January 2012, apply to trading/investing in certain investment products generally called Specified Investment Products ( SIPs ). However, existing investors are encouraged to complete and return the assessments to avoid the risk of disruption to their trading/investing activities. 2 How will the New Measures affect clients of Phillip Securities Pte Ltd ( PSPL or the Company ) who invest/trade in SIPs? 2.1 SIPs refer to investment products that may be more complex in nature and/or have features and risks that may be more difficult to understand 2. Please refer to Annex 1 for a general explanation of what SIPs are and also a list of products classified as SIPs presently available through the Company. 2.2 To ensure that retail customers have the relevant knowledge or experience to understand the risks and features of the SIP before investing, MAS now requires financial institutions to conduct the following assessment(s) for retail customers 3 : (i) (ii) Customer Account Review ( CAR ) for listed SIPs, and/or Customer Knowledge Assessment ( CKA ) for unlisted SIPs. Retail customers are required to satisfy the criteria of the respective/relevant assessment(s) before they can proceed/continue to invest/trade in SIPs. 1 References to retail customers means persons who are not Institutional Investors, Expert Investors or Accredited Investors under section 4A of the Securities and Futures Act (Chapter 289) ( SFA ). 2 For more information on SIPs, please visit 3 In addition to all the other account opening procedures and terms and conditions of trading accounts before they can trade/invest in SIPs. Page 1 of 12

2 2.3 For the purpose of the CAR and/or CKA, you are required to provide information relating to the following criteria in order for the Company to assess whether you have the relevant knowledge or experience to invest or trade in SIPs: (i) (ii) (iii) Educational qualifications; or Investment Experience; or Working Experience. Accordingly, where the retail customer refuses to provide the above information they shall be deemed to NOT have possessed the knowledge or experience in derivatives and/or unlisted SIPs concerned. Retail customers must also note that any inaccurate or incomplete information provided may affect the outcome of the assessment. CAR and/or CKA assessment(s) will apply to retail customers and NOT persons who are Accredited Investors, Institutional Investors, Expert Investors, and high net worth individuals who are clients of private banks 4, corporations, unincorporated entities, partnerships, or trusts 5. Please see attached Appendix A for the CAR and CKA assessment criteria. 4 The private banks referred to are specialized units serving high net worth individuals exempted under section 100(2) of the Financial Advisers Act. 5 If you fall within one or more of these categories, please furnish the relevant supporting documents and contact your representative. Page 2 of 12

3 3 Outcome of our assessment based on your past trading / investment experience with PSPL (1/8/ /7/2011): 3.1 Based on your personal records and transaction history with PSPL, below is our assessment of your current status of CKA and CAR. Customer Account Review (CAR) SIP Products Grouping Our Records Your Outcome Group A listed SIPs: Insufficient YET TO PASS Certificates information Exchange Traded Funds (ETFs) You will need to Exchange Traded Notes (ETNs) update your Futures (Extended Settlement information via contracts) POEMS in order Structured Warrants to transact in Futures these SIPs. Options Callable Bull/ Bear Contracts (CBBCs) Foreign Shares Customer Knowledge Assessment (CKA) Group B Unlisted SIPs: Contracts for Difference (CFDs) Leveraged FX You have transacted at least 6 times in any of these SIPs in the last 3 years PASS You are able to purchase in any of these SIPs Group C Unlisted SIPs: Unit Trusts & Mutual Funds Investment-linked Products (ILPs) Insufficient information YET TO PASS You will need to update your information via POEMS in order to transact in these SIPs. 3.2 Kindly contact your representative within 14 days from the date of this letter if you disagree with our outcome of assessment above. 3.3 If the outcome of our assessment is YET TO PASS, and you still wish to invest or transact in the listed and / or unlisted SIP, please complete the following for us to consider permission you to continue to invest or transact in SIPs with effect from 1 January : 6 with the exception of those clients who do not wish to trade in SIPs but have existing exposure to SIP and wish to reduce or liquidate their SIP position(s): Page 3 of 12

4 (a) For listed SIPs:- (i) Please proceed to complete the CAR/CKA Form online via Poems>Stocks>Acct Mgmt; or (ii) If you fail the online CAR Assessment, please complete the SGX Online Education on listed SIP via the following url and inform your representative upon your completion of the course; i. If you fail the SGX Online Education but still wish to trade or continue to trade in listed SIPs, you will need to declare and complete a Letter of Confirmation (Appendix B) to us. Contact your representative for more information; (b) For unlisted SIPs:- (i) Please proceed to complete the CAR/CKA Form online via POEMS>Stocks>Acct Mgmt; or (ii) Contact your representatives to complete the physical CAR/CKA Forms 4 Can retail customers who are assessed to have relevant knowledge or experience in derivatives and /or unlisted SIPs (i.e. they passed the CAR and/or CKA) request for financial advice? 4.1 Retail customers who are assessed to have relevant knowledge or experience in derivatives and /or unlisted SIPs (i.e. passed the CAR and/or CKA) can request for financial advice through a separate arrangement with an authorised financial adviser 7. 5 If you need any clarification, please contact your representative. Alternatively, you can contact our customer service hotline at or visit our Phillip Investor Centre(s). For more information, you may visit Thank you. Yours Sincerely, Lim Wah Tong Executive Director Phillip Securities Pte Ltd 7 Terms and conditions apply. Page 4 of 12

5 ANNEX 1 GENERAL EXPLANATION: SIPs are defined by the MAS as products regulated under the Securities and Futures Act that are not regarded as Excluded Investment Products ( EIPs ). Excluded Investment Product means: (a) any stocks or shares issued or proposed to be issued by a corporation or body unincorporate, other than where such corporation or body unincorporate is a collective investment scheme; (b) any unit of a share which represents ownership of the underlying share, where the underlying share is held on trust for the unit-holder by a custodian, and where (i) the units of shares have been previously issued, are listed for quotation or quoted on a securities exchange, and are traded on the exchange or an application has been or will be made for permission for the units of shares to be listed for quotation or quoted on a securities exchange or recognised securities exchange and the shares have been previously issued and are listed for quotation on a securities exchange or a recognised securities exchange; and (ii) no additional consideration (other than administrative fees) is payable by the unit-holder in the event that he converts the unit of share into the underlying share; (c) any right, option or derivative issued or proposed to be issued by a corporation or body unincorporate in respect of its own stocks or shares; (d) any unit in a business trust; (e) any unit in a collective investment scheme, such collective investment scheme being an arrangement: (i) that is a trust; (ii) that invests primarily in real estate and real estate-related assets specified by the Authority in the Code on Collective Investment Schemes; and (iii) all or any units of which are listed for quotation on a securities exchange; (f) any debenture other than: (i) asset-backed securities as defined in section 262(3) of the Securities and Futures Act (Cap.289); or (ii) structured notes as defined in regulation 2(1) of the Securities and Futures (Offers of Investments) (Shares and Debentures) Regulations 2005; Page 5 of 12

6 (g) any life insurance policy other than investment-linked life insurance policies as defined in the First Schedule to the Insurance Act (Cap. 142); or (h) any contract or arrangement the effect of which is that one party agrees to exchange currency at an agreed rate of exchange with another party, where such currency exchange is effected immediately, but does not include any product specified in items (a) to (h) above that is listed for quotation or quoted only on a securities market or a futures market that is not operated by an approved exchange A general guide on SIPs is available through the following link: pecified%20investment%20pdts_updated.pdf List of current products classified as SIPs available through PSPL as of 23/11/ Listed SIPs Listed on SGX: Certificates Exchange Traded Funds ( ETFs ) Futures (Extended Settlement contracts) Structured Warrants Futures Options Unlisted SIPs Contracts for Difference (CFDs) Unit Trusts & Mutual Funds Investment-linked Products (ILPs) Leveraged Forex/Bullion Listed on Foreign Exchanges: Any products not listed or being traded on an approved exchange in Singapore but listed or being traded on foreign exchanges or foreign market operators. 8 This list may be subjected to further changes. Page 6 of 12

7 APPENDIX A CAR and CKA Assessment Criteria A (1) Criteria for the Satisfaction of a CAR: You may be assessed as possessing the knowledge or experience in derivatives for the purpose of opening of a SIP trading account if you satisfy any of the following criteria: 1. Hold a diploma or have higher qualifications in accountancy, actuarial science, business /business administration /business management / business studies, capital markets, commerce, economics, finance, financial engineering, financial planning, computational finance, and insurance; 2. Have a professional finance-related qualification (Examples of this would include the Chartered Financial Analyst Examination conducted by the CFA Institute, USA and the Association of Chartered Certified Accountants (ACCA) Qualifications); 3. Have transacted in relevant SIPs which are listed or quoted on a securities or a futures market at least 6 times in the preceding 3 years; 4. Have a minimum of 3 consecutive years of working experience 9 in the past 10 years in the development of, structuring of, management of, sale of, trading of, or research on or analysis of investment products and particularly relevant SIPs, or in the provision of training in investment products* and in particular relevant SIPs. Work experience in accountancy, actuarial science, treasury or financial risk management activities will also be considered relevant experience. *As defined in section 2 of the Financial Advisers Act (Cap. 110). 9 Such working experience would also include the provision of legal advice or possession of legal expertise. Page 7 of 12

8 A (2) Criteria for the Satisfaction of the CKA: You may be assessed as possessing the knowledge or experience in the unlisted SIPs for the purpose of the satisfaction of the CKA to purchase/transact in the SIP concerned if you satisfy any of the following criteria: 1. Hold a diploma or have higher qualifications in accountancy, actuarial science, business / business administration / business management / business studies, capital markets, commerce, economics, finance, financial engineering, financial planning, computational finance, and insurance; 2. Have a professional finance-related qualification (examples of this would include the Chartered Financial Analyst Examination conducted by the CFA Institute, USA and the Association of Chartered Certified Accountants (ACCA) Qualifications); 3. Have invested in the following unlisted SIPs: (i) (ii) For transactions in collective investment schemes (referred to as CIS ) and investment-linked life insurance policies (referred to as ILPs ), the customer has transacted in CIS or ILPs at least 6 times in the preceding 3 years; or For transactions in SIPS which are neither listed nor quoted on a securities market or a futures market (excluding CIS and ILPs), the customer has transacted in any SIPs which are neither listed nor quoted on a securities market or a futures market (excluding CIS and ILPs) at least 6 times in the preceding 3 years; 4. Have a minimum of 3 consecutive years of working experience 10 in the past 10 years in the development of, structuring of, management of, sale of, trading of, or research on or analysis of investment products, or in the provision of training in investment products. Work experience in accountancy, actuarial science, treasury or financial risk management activities will also be considered relevant experience. *As defined in section 2 of the Financial Advisers Act (Cap. 110). 10 Such working experience would also include the provision of legal advice or possession of legal expertise. Page 8 of 12

9 Appendix B Letter of Confirmation - Applicable only for Listed SIPs Date: To: Phillip Securities Pte Ltd 250 North Bridge Road Raffles City Tower #06-00 Singapore Attention: BD Department Dear Sirs, REQUEST TO BE ALLOWED TO TRADE/CONTINUE TRADING IN LISTED SIPs 1. I, [name of customer] acknowledge and confirm in favour of Phillip Securities Pte Ltd ( PSPL ) the following: 1.1 I was notified by PSPL that based on answers and information that I had provided or otherwise in the possession of PSPL I did not satisfy the criteria for PSPL to be able to conclude that I had the necessary knowledge or experience to be allowed to trade/continue trading in the following listed SIPs : Certificates Exchange Traded Funds (ETFs) Futures (Extended Settlement contracts) Structured Warrants Futures Options Foreign Shares Any other upcoming listed SIPs 1.2 Subsequent to PSPL s notice to me as in 1.1 above, I went online on the SGX website and underwent the Online Education Course for the above listed SIPs. However I was not able to get a passing grade for the course; 1.3 Despite 1.1 and 1.2 above, I still wish PSPL to allow me to trade/continue to trade in the above listed SIPs and now write for PSPL to request that PSPL so allow me trade/continue to trade in the above listed SIPs; and 1.4 In making my request, I confirm that I have been informed by PSPL that it is solely my responsibility to ensure that I understand the listed SIPs that I have chosen to trade/continue to trade in; and that I am willing and able to accept such sole responsibility. Page 9 of 12

10 2. I further acknowledge and confirm: 2.1 That prior to my writing this letter of confirmation, PSPL had explained to me the general features and risks associated with investing in derivatives* and provided me a written statement of the explanation given, which I have also read and confirm that I understood and understand the explanation given and am willing to take on the risks associated with investing in derivatives in making my request in this letter to PSPL to be allowed to trade/continue to trade in the above listed SIPs; and 2.2 I agree that I would be subjected to certain safeguards put in place by PSPL (including their notices and explanation mentioned in this letter) that would include imposing on me a restricted limit for my trading or continued trading in the listed SIPs above until I have done the required number of transactions/trades in the listed SIPs for PSPL to be allowed to conclude that the necessary knowledge or experience to be allowed to trade/continue trading in the such listed SIPs Yours sincerely, Customer Signature Name: Trading Account No: I/C No or Passport No: Date: For official use (To be completed by Business Unit Staff / TR / EFAR (delete where not applicable) : TR Signature: Date: TR Code: #Reviewer Remarks: Reviewer Signature: Date: Updated by (APU) Date: Page 10 of 12

11 *General features and risks associated with investing in derivatives [To be retained by customer] 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 SECTION 128(1) AND TO BE KEPT UNDER REG. 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 section 128(1) of the Securities and Futures Act (Cap. 289) (the Act). 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 firm to 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 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. Page 11 of 12

12 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 pro-rated in the same manner as cash for purposes of distribution in the event of a shortfall. 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 familiarize 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 12 of 12

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