Important Facts Deposit Plus Currency-Linked Deposit Last update date: 18 Dec 2017 The Hongkong and Shanghai Banking Corporation Limited This is a structured investment product, which is NOT protected by the Deposit Protection Scheme in Hong Kong. This product is NOT principal protected. The contents of this statement have not been reviewed by any regulatory authority in Hong Kong. You are advised to exercise caution before investing in this product. This statement is a part of the offering documents for this product. You should not invest in this product based on this statement alone. If you are in any doubt, you should obtain independent professional advice. If English is not your preferred language, you may request for the Chinese version of this statement from our sales staff. 倘若英文並非閣下屬意的語言, 閣下可向本行的銷售人員索取本概要的中文版本 This is a structured investment product involving derivatives. The investment decision is yours but you should not invest in this product unless the intermediary who sells it to you has explained to you that the product is suitable for you having regard to your financial situation, investment experience and investment objectives. Quick facts Bank: Product type: Minimum deposit: Tenor: Available deposit currency: Available linked currency: Principal protection at maturity: Callable by the Bank: Early termination right by the customer: Embedded derivatives: Maximum potential gain: Maximum potential loss: The Hongkong and Shanghai Banking Corporation Limited Currency-linked Deposit HK$50,000 (or its equivalent in other currencies, subject to the minimum deposit amount of the respective currency) 1 week 3 months Hong Kong dollar, US dollar, Renminbi, Australian dollar, Canadian dollar, Euro, Pound Sterling, New Zealand dollar, Japanese yen, Swiss franc or Singapore Dollar Hong Kong dollar, US dollar, Renminbi, Australian dollar, Canadian dollar, Euro, Pound Sterling, New Zealand dollar, Japanese yen, Swiss franc or Singapore Dollar No No No. Under special circumstances, the Bank has the right to accept your early redemption request at its sole discretion and on a case by case basis. The Bank will provide an indication of the redemption price upon such request. Your return upon such early redemption will likely be lower than that if the deposit were held until maturity and may be negative. Yes. Customer is selling a put option over the linked currency. Maximum gain equals the Deposit Plus interest on the deposit. Loss may be incurred if the deposit is converted to the linked currency at maturity, depending on the value of the currency paid. What is this product and how does it work? Deposit Plus is a structured product that consists of a time deposit (in the deposit currency) and selling of a put option on the linked currency of your choice. It enables you to maximise your wealth potential while meeting your need for foreign currencies. By taking (continue on next page) Issued by The Hongkong and Shanghai Banking Corporation Limited. Page 1/5
(continued) advantage of exchange rate movements, Deposit Plus offers you the opportunity to increase your interest above that of normal time deposits. When your Deposit Plus matures, your principal and interest will be paid in either the deposit currency or the linked currency, depending on the exchange rate on the fixing date compared to the conversion rate defined at deposit start. (The fixing date will be set out in the confirmation that will be given to you once your Deposit Plus is placed.) What are the key risks? Not a time deposit Deposit Plus is NOT equivalent to, nor should it be treated as a substitute for, time deposit. It is NOT a protected deposit and is NOT protected by the Deposit Protection Scheme in Hong Kong. Derivatives risk Deposit Plus is embedded with FX option(s). Option transactions involve risks, especially when selling an option. Although the premium received from selling an option is fixed, you may sustain a loss well in excess of such premium amount, and your loss could be substantial. Limited potential gain The maximum potential gain is limited to the interest on the deposit. Maximum potential loss Deposit Plus is not principal protected. You must be prepared to incur loss as a result of depreciation in the value of the currency paid (if the deposit is converted to the linked currency at maturity). Such loss may offset the interest earned on the deposit and may even result in losses in the principal amount of the deposit. Not the same as buying the linked currency Investing in Deposit Plus is not the same as buying the linked currency directly. Market risk The net return of Deposit Plus will depend upon the exchange rate of the deposit currency against the linked currency prevailing at the deposit fixing time on the deposit fixing date. Movements in exchange rates can be unpredictable, sudden and drastic, and affected by complex political and economic factors. Liquidity risk Deposit Plus is designed to be held until maturity. You do not have a right to request early termination of this product before maturity. Under special circumstances, the Bank has the right to accept your early redemption request at its sole discretion and on a case by case basis. The Bank will provide an indication of the redemption price upon such request. Your return upon such early redemption will likely be lower than that if the deposit were held until maturity and may be negative. Credit risk of the Bank Deposit Plus is not secured by any collateral. When you invest in this product, you will be relying on the Bank s creditworthiness. If the Bank becomes insolvent or defaults on its obligations under this product, you can only claim as an unsecured creditor of the Bank. In the worst case, you could suffer a total loss of your deposit amount. Currency risk If the deposit currency and/or linked currency is not your home currency, and you choose to convert it back to your home currency upon maturity, you may make a gain or loss due to exchange rate fluctuations. Risks relating to RMB You should note that the value of RMB against other foreign currencies fluctuates and will be affected by, amongst other things, the PRC government s control (for example, the PRC government regulates conversion between RMB and foreign currencies), which may adversely affect your return under this product. The value of your investment will be subject to the risk of exchange rate fluctuation. In case you receive RMB as Linked Currency at maturity and you choose to convert your maturity proceed to other currencies, you may suffer loss in principal. This product will be denominated (if Deposit Currency being RMB) and settled (when receive RMB at maturity) in RMB deliverable in Hong Kong, which is different from that of RMB deliverable in Mainland China. What are the key features? Minimum deposit amount: HK$ 50,000 (or its equivalent in other currencies, subject to the minimum deposit amount of the respective currency) Choice of tenor: 1 week to 3 months Choice of deposit & linked currencies 1 : A variety of currencies including Hong Kong dollar, US dollar, Renminbi, Australian dollar, Canadian dollar, Euro, Pound Sterling, New Zealand dollar, Japanese yen, Swiss franc or Singapore dollar to suit your need for foreign currency. Embedded Option: Selling of a put option on the linked currency is embedded in the product. Deposit Plus interest rate & Conversion Rate: These are fixed when the Deposit Plus is placed. Maturity payout: You will be paid in either the deposit or linked currency, depending on the exchange rate on the fixing date compared to the conversion rate defined at deposit start. If your selected currencies move in the direction you anticipate, you will enjoy favourable returns in the deposit currency. If they move in the other direction, your principal and interest will be converted to the linked currency at the conversion rate. 1 We do not offer a Hong Kong dollar and US dollar as a deposit and linked currency pair for Deposit Plus. (continue on next page) Issued by The Hongkong and Shanghai Banking Corporation Limited. Page 2/5
(continued) Early redemption: Early redemption of the deposit is not allowed. Under special circumstances, the Bank has the right to accept your early redemption request at its sole discretion and on a case by case basis. The Bank will provide an indication of the redemption price upon such request. Your return upon such early redemption will likely be lower than that if the deposit were held until maturity and may be negative. Scenario analysis The following example illustrates various scenarios^ that determine the final redemption currency and your return. Deposit currency Linked currency Trade date Deposit date Fixing date Maturity date Interest period Hong Kong dollar (HKD) Australian dollar (AUD) 14 December 201X 16 December 201X 28 December 201X 30 December 201X 14 days Conversion rate 7.6658 Deposit amount Deposit Plus interest rate Payout upon maturity HK$50,000 13.25% p.a. If the AUD/HKD exchange rate is at or above 7.6658 at fixing, the principal and interest will be paid in HKD. If the AUD/HKD exchange rate is below 7.6658 at fixing, the principal and interest will be paid in AUD. Redemption scenarios Exchange rate upon fixing Principal + interest Scenario 1 Best Case Scenario AUD strengthens against HKD Scenario 2 Best Case Scenario AUD remains constant against HKD Scenario 3 Middleof-the road scenario AUD weakens slightly against HKD Scenario 4 Worst Case Scenario AUD weakens considerably against HKD A$1 = HK$7.7600 A$1 = HK$7.6658 A$1 = HK$7.6500 A$1 = HK$6.0000 Redemption in HKD: HK$50,254.11 Redemption in HKD: HK$50,254.11 Redemption in AUD: A$6,555.63 Convert to HK$ with exchange rate upon fixing = HK$50,150.57 (A$6,555.63 7.6500) Redemption in AUD: A$6,555.63 Convert to HK$ with exchange rate upon fixing = HK$39,333.78 (A$6,555.63 6.0000) Return HK$254.11 HK$254.11 HK$150.57 HK$10,666.22 In the worst case scenario (scenario 4), you will receive return in the linked currency the value of which may be worth substantially less than the original amount you invested (and in the extreme case could be worth nothing). ^ The above scenarios are for reference only. Return depends upon the market conditions on the fixing date. Interest = principal x interest rate p.a. x tenor (in number of days). 365 days (if deposit currency is HKD, GBP or SGD) or 360 days (if deposit currency is other foreign currencies) Assume the deposit is converted back to HKD upon maturity and the exchange rate equals to the rate upon fixing. (continue on next page) Issued by The Hongkong and Shanghai Banking Corporation Limited. Page 3/5
(continued) Scenario 5: The Bank becomes insolvent or defaults on its obligations Assuming that the Bank becomes insolvent during the tenor of this product or defaults on its obligations under this product, you can only claim as its unsecured creditor. You may get nothing back and suffer a total loss of your deposit amount. Scenario Analysis Disclaimer The above scenarios are provided for illustrative purposes only, and do not reflect a complete analysis of all possible gain and loss scenarios that may arise during any actual investment. No representation or warranty is made by the Bank that any scenario described above can be duplicated under real investment conditions. Actual results may vary from the results shown above, and variations may be material. How can you buy this product? You can purchase the product via any of our branch, internet banking at www.hsbc.com.hk, mobile banking 2 or by calling us on (852) 2233 3322 (for HSBC Premier customers), (852) 2748 8333 (for HSBC Advance customers) or (852) 2233 3000 (for Other Personal Banking customers). Pre-Investment Cooling-off Period for retail customers Pre-Investment Cooling-off Period (PICOP) is applicable to each particular dealing of this product if you are one of the following retail customer types: (1) An elderly customer aged 65 or above, unless you are not a first-time buyer of currency-linked structured investment products AND your asset concentration 3 is below 20% AND you opt out from the PICOP arrangement; or (2) A non-elderly customer who is a first time buyer of currency-linked structured investment products AND your asset concentration is 20% or above. If Pre-Investment Cooling-off Period is applicable to you, you can only subscribe for the product at least 2 calendar days (of which the last day should be a business day) after product discussion with the Bank. This is to ensure that you have sufficient time to understand the product and consider the appropriateness of the investment before deciding on the subscription. Offering documents for this product The following documents for this product ( Offering Documents ) contain detailed information about the Bank and the terms of this product. You should read and understand all of the Offering Documents before deciding whether to invest in this product: Deposit Plus Supplemental Terms and Conditions This Important Facts Statement If you are in any doubt about any of the contents of the offering documents, you should take independent professional advice. Additional information Product Risk Level: Low to Medium Low chance of losing a significant portion of your capital over the term of the investment (although this is not guaranteed). Expected to demonstrate moderately low level of price fluctuations over short periods of time. Investor commitment You take a view that the linked currency will be stable or will appreciate against current level at the end of the deposit period. You are expected to place your funds in the Deposit Plus for the full deposit period. You should make sure you have sufficient liquid emergency funds to meet any unforeseen circumstances. 2 The services provided through internet banking and mobile banking involve no solicitation of the sale or recommendation of, or advice on, any product from us. All transactions that you enter into through internet banking and mobile banking are conducted on an execution-only basis and based on your own judgment. We do not have any duty to assess or ensure suitability of the product or the transaction that you enter into through internet banking or mobile banking. If you wish to receive solicitation or recommendation from us, you should contact us and, where relevant, go through our suitability assessment before transacting. 3 For the purpose of determining whether PICOP is applicable, asset concentration refers to the percentage of total net worth (excluding real estate properties) to be invested in this product. (continue on next page) Issued by The Hongkong and Shanghai Banking Corporation Limited. Page 4/5
(continued) You should avoid excessive investment in a single type of investment, with regard to its total proportion of your overall portfolio, in order to guard against over-exposure to any single investment. You understand and accept that Deposit Plus interest starts to accrue only on the date of debit of the relevant sum from your designated account (i.e. the deposit date) which will be 2 business days after submission date of your application if accepted by the Bank. Acknowledgement The Bank is not making, and has not made, any representation whatsoever as to the linked currency. You confirm that you understand that (i) the Deposit Plus taker is The Hongkong and Shanghai Banking Corporation Limited (ii) the Bank will act as principal in the Deposit Plus transaction (iii) the Bank does not owe any obligations to you to take any action other than that prescribed by the terms and conditions of Deposit Plus. (iv) the Bank benefits from the origination and distribution of Deposit Plus You confirm that you understand that while Deposit Plus is designed to produce potential returns superior to time deposits of similar tenor, actual return depends on the performance of the linked currency. Please note that all structured products we offer are only issued by companies within the HSBC Group, which includes all branches and subsidiaries of the Bank and any other members of the HSBC Group. Notes Please note that Deposit Plus is not available for persons who are US citizen / with US nationality, are US resident or US tax payer, or have a US address (e.g. primary mailing, residence or business address in the US). Advice will be issued to customers upon deposit placement & maturity. The remuneration for sales staff is determined based on the staff's overall performance with reference to a wide range of factors, and is subject to review from time to time, for the purpose of encouraging the building of deep, long-lasting and mutually valuable relationships with customers. It is not determined solely on financial performance. Free SMS notification on Deposit Plus maturity will be sent to customer around Maturity date provided that 1) customer has Hong Kong mobile phone number and with customer s home address and work address in Hong Kong, China or Taiwan in accordance to the Bank s record, or 2) customer has China mobile phone number and with customer s correspondence address or home address in China in accordance to the Bank s record. The SMS notifications will NOT be sent to customers if 1) customer is a HSBC staff, or 2) in any event it deems inappropriate to send the SMS to customer in accordance to the Bank s policy as designated by the Bank from time to time. If customer does not place any new Deposit Plus order around 7 calendar days after the Deposit Plus maturity, another reminder SMS notification will be sent to customer. This service is subject to change without prior notice. To opt out, please call (852) 2233 3322 for HSBC Premier customers, (852) 2748 8333 for HSBC Advance customers or (852) 2233 3000 for other Personal Banking customers. Making available this document or any marketing materials or any market or product information to you shall not, by itself, constitute solicitation of the sale or recommendation of any product. If you wish to receive solicitation or recommendation from us, please contact us and, where relevant, go through our suitability assessment before transacting. This document is not intended to provide and should not be relied upon for tax, legal or accounting advice, investment recommendation or a credit or other evaluation of the product. Prospective investors should consult their tax, legal, accounting or other advisors. There are no additional charges on the deposit, all operational, administrative and hedging costs, etc have already been contained and subsumed within the calculation of the return and/or other variables of this deposit. If you have any feedback or complaint about any aspect of the service you have received, please contact our Hong Kong branches, call (852) 2233 3322 for HSBC Premier customers, (852) 2748 8333 for HSBC Advance customers or (852) 2233 3000 for Other Personal Banking customers, or write to Customer Relations Department at P.O. Box No. 71169 Kowloon Central Post Office, or send an email to feedback@hsbc.com.hk. We will respond to a complaint within a reasonable period of time normally not exceeding 30 days in general circumstances. If you are not satisfied with the outcome of your complaint, you have the right to refer the matter to the Banking Services Complaints Unit of Hong Kong Monetary Authority at 55th Floor Two International Finance Centre, 8 Finance Street, Central, Hong Kong. For monetary dispute, you have the right to refer the matter to the Financial Dispute Resolution Centre at Unit 3701-4, 37/F, Sunlight Tower, 248 Queen s Road East, Wan Chai, Hong Kong. Issued by The Hongkong and Shanghai Banking Corporation Limited. Page 5/5
The Hongkong and Shanghai Banking Corporation Limited DEPOSIT PLUS SUPPLEMENTAL TERMS AND CONDITIONS 1. Invest in Deposit Plus 1.1 Deposit Plus is governed by the provisions of these Supplemental Terms and Conditions and the provisions of the Time Deposits - General Terms and Conditions. For the purpose of Deposit Plus, the provisions of these Supplemental Terms and Conditions prevail over the provisions of the Time Deposit Terms and Conditions to the extent of any inconsistency between them. 1.2 You may invest in Deposit Plus (i) in such currencies, (ii) with such minimum initial investment amount, and (iii) for such periods as we may allow from time to time. 1.3 We may set additional conditions relating to the Deposit Plus Deposit Currency or the Linked Currency (or both) in the relevant Confirmation as we consider appropriate. 1.4 Each Deposit Plus investment is subject to the terms of the relevant Confirmation. The terms of each relevant Confirmation should be read with these Supplemental Terms and Conditions and together are considered to form a single agreement between you and us governing that Deposit Plus investment. For the purpose of a Deposit Plus investment, the terms of the relevant Confirmation prevail over these Supplemental Terms and Conditions to the extent of any inconsistency between them. 1.5 Our certificate as to the amount of any sum payable by or to us pursuant to these Supplemental Terms and Conditions will be conclusive in the absence of any manifest error. 1.6 Scope of service 1.6.1 In relation to an investment in Deposit Plus: (a) we may solicit the sale of or recommend Deposit Plus to you in accordance with Clause 1.7.1(a) or (c); and/or (b) you may enter into the transaction without or inconsistent with any solicitation or recommendation from us in accordance with Clause 1.7.1(d). 1.6.2 We do not provide advisory services and therefore do not assume any advisory duty of care or obligation in the solicitation of the sale or recommendation of Deposit Plus other than to ensure reasonable suitability as set out in Clauses 1.7.1(a) and (c). 1.6.3 Making available to you any advertisements, marketing or promotional materials, market information or other information relating to Deposit Plus shall not, by itself, constitute solicitation of the sale or recommendation of Deposit Plus. 1.6.4 Unless otherwise specified in these Supplemental Terms and Conditions or in other terms and conditions in relation to any product: (a) we do not advise on personalised asset allocation, investment portfolio and investment strategy; and (b) we do not have any obligation to make available any service or provide advice in relation to the purchase or sale of products which we do not distribute or offer to our customers. 1.7 Transactions entered into with us to invest in Deposit Plus 1.7.1 (a) If we solicit the sale of or recommend any Financial Product to you, the Financial Product must be reasonably suitable for you having regard to your financial situation, investment experience and investment objectives ("Customer Financial Information"). (b) No other provision of these Supplemental Terms and Conditions or any other document we may ask you to sign and no statement we may ask you to make derogates from Clause 1.7.1(a). (c) If we solicit the sale of or recommend Deposit Plus to you, we will also ensure that Deposit Plus is reasonably suitable for you based on our suitability assessment. In our assessment, we will take into account your financial situation, investment experience and/or investment objectives, if it is required by applicable regulatory requirements. (d) If you enter into a transaction with us to invest in Deposit Plus without or inconsistent with any solicitation or recommendation from us, we will not have any obligation or duty to assess whether or ensure that Deposit Plus is suitable for you. You acknowledge and agree that it is your sole responsibility to assess and to satisfy yourself that the transaction is appropriate for you. (e) We are not liable for any loss (including indirect or consequential loss), cost or damage of any kind incurred or suffered by you or any other person with respect to or arising out of any transactions which fall under Clause 1.7.1(d), except where it is proved that there was negligence or wilful default by (i) us, (ii) our agents or nominees, or (iii) our officers or employees or that of our agents or nominees in performing our obligations under these Supplemental Terms and Conditions (in which case we will only be liable for any loss and damage you incur or suffer that is direct and reasonably foreseeable arising directly and solely from such negligence or wilful default). 1.7.2 By entering into a transaction with us to invest in Deposit Plus, you confirm that any information you provide to us (including the Customer Financial Information) is complete, accurate and up-to-date. When we assess suitability, we will rely on your confirmation. 1.7.3 Before you enter into a transaction with us to invest in Deposit Plus, you should: (a) consider your own circumstances and understand the Deposit Plus features, terms and risks, and you should contact us if you have any questions on Deposit Plus; (b) note that we have no ongoing responsibility to ensure that the Deposit Plus we have solicited the sale of or recommended to you remains suitable for you; (c) note that if circumstances relating to you, Deposit Plus, us, or general market conditions change, Deposit Plus may no longer be suitable for you; and (d) note that we do not provide legal, tax or accounting advice on your investments, and you should therefore consider obtaining independent professional advice (including legal, tax and accounting advice) about your investments where necessary. 1.7.4 This Clause 1.7 takes effect on 8 June 2017 ("Effective Date"), and applies to: (a) any solicitation and/or recommendation of Deposit Plus we make to you on or after the Effective Date, provided that you enter into a transaction with us to invest in Deposit Plus following our solicitation and/or recommendation; and (b) any transaction you enter into with us to invest in Deposit Plus without or inconsistent with any solicitation or recommendation from us on or after the Effective Date. 2. Returns and currency of Deposit Plus 2.1 Payment of a Deposit Plus investment (whether on maturity or in any other case) by us will be credited to an account maintained with us in Hong Kong unless we agree otherwise. Page 1/3 Member HSBC Group TnC046R9E-m (230517) FW
2.2 Subject to the provisions of these Supplemental Terms and Conditions, we will pay the principal amount of a Deposit Plus investment plus interest on its Maturity Date for value on the same day to the credit of an account designated in your disposal Instructions. If you do not designate an account or if the designated account is inactive or closed, we have the right to credit the relevant amount to any other account maintained by you with us. 2.3 (a) Interest on a Deposit Plus investment is calculated on its principal amount on the basis of: (i) the number of days in the Interest Period; or (ii) if the Deposit Plus investment is uplifted before its Maturity Date for any reason, the number of days elapsed prior to the date of breaking the Deposit Plus investment, and the number of days in the relevant Interest Year. (b) Interest will accrue at the interest rate stated in the relevant Confirmation. 2.4 (a) Upon maturity of a Deposit Plus investment, its principal amount and interest will be paid in the Deposit Plus Deposit Currency where: (i) the Final Exchange Rate is less than or equal to the Conversion Rate, if the Relevant Rate stated in the relevant Confirmation is the amount of the relevant Linked Currency for one unit of the relevant Deposit Plus Deposit Currency; or (ii) the Final Exchange Rate is greater than or equal to the Conversion Rate, if the Relevant Rate stated in the relevant Confirmation is the amount of the relevant Deposit Plus Deposit Currency for one unit of the relevant Linked Currency; and (b) Upon maturity of a Deposit Plus investment, its principal amount and interest will be paid in the Linked Currency where: (i) the Final Exchange Rate is greater than the Conversion Rate, if the Relevant Rate stated in the relevant Confirmation is the amount of the relevant Linked Currency for one unit of the relevant Deposit Plus Deposit Currency; or (ii) the Final Exchange Rate is less than the Conversion Rate, if the Relevant Rate stated in the relevant Confirmation is the amount of the relevant Deposit Plus Deposit Currency for one unit of the relevant Linked Currency. 3. Withdrawal and renewal of Deposit Plus 3.1 A Deposit Plus investment (or any part of it) cannot be withdrawn without our consent prior to its Maturity Date. We may refuse to give consent at our discretion without giving reasons. 3.2 Where we consent to withdrawal of a Deposit Plus investment prior to its Maturity Date, we have the right to impose conditions as we consider appropriate. Such conditions may include deduction of break costs as we may determine conclusively. Such break costs include the costs, expenses, liabilities or losses we incur or suffer in connection with (i) breaking our hedging arrangement or (ii) obtaining funds from other sources for paying the Deposit Plus investment in the Deposit Plus Deposit Currency or the Linked Currency (as the case may be). Therefore the total amount paid on withdrawal may be less than the original principal amount of the Deposit Plus investment. 3.3 No Deposit Plus investment (including its principal amount and interest) can or will be automatically renewed. 4. Tax We will pay the principal amount of a Deposit Plus investment and any interest or return subject to any deduction or withholding in respect of tax required by Applicable Regulations. We will advise you of the amount of deduction or withholding (if applicable) each time any principal amount, interest or return is paid. 5. Risk disclosure 5.1 The net return on a Deposit Plus investment will depend on market conditions prevailing at the Fixing Time on the Fixing Date. 5.2 You must be prepared to risk any loss as a result of depreciation of value of the currency paid. Such loss may offset the interest or return earned on a Deposit Plus investment, or may even result in a loss to the principal amount of the Deposit Plus investment. 5.3 You acknowledge this Clause 5 explains some principal risks but is not an exhaustive list of all possible risks associated with investment in Deposit Plus. If you have any concerns about Deposit Plus, you should consult your professional advisers. 6. Your representations and confirmations If you are a body corporate, you represent and confirm the following matters: 6.1 you have the authority and power to enter into these Supplemental Terms and Conditions and to make the Deposit Plus investment; 6.2 you have taken all necessary corporate steps to authorise the execution of these Supplemental Terms and Conditions; and 6.3 the provisions of these Supplemental Terms and Conditions are legally binding on and fully enforceable against you. 7. Joint depositors If a Deposit Plus investment is made in the joint names of two or more persons: (a) you are jointly and severally liable with each other for the obligations and liabilities under these Supplemental Terms and Conditions; (b) any act or omission of any of you will be deemed the act or omission of all of you; and (c) any notice to be given to you under these Supplemental Terms and Conditions will be validly given to all of you if given to any of you. 8. Waiver No act or omission by us will affect our rights, powers or remedies under these Supplemental Terms and Conditions or any further or other exercise of such rights, powers or remedies. 9. Limitation on our liability We are not liable for any loss, damage, cost or expense incurred by you as a result of any interruption, delay or failure in performing any of our obligations under these Supplemental Terms and Conditions or any Confirmation to the extent that it is attributable to any cause or circumstance that is beyond our reasonable control. 10. Partial invalidity If any provision of these Supplemental Terms and Conditions or any Confirmation is or becomes illegal, invalid or unenforceable in any respect, such illegality, invalidity or unenforceability does not affect any other provision which remains in full force, validity and effect. DEPOSIT PLUS SUPPLEMENTAL TERMS AND CONDITIONS Page 2/3 TnC046R9E-m (230517) FW
11. Third party rights No person other than you and us will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions of these Supplemental Terms and Conditions. 12. Governing law and version 12.1 These Supplemental Terms and Conditions are governed by and will be construed according to Hong Kong laws. 12.2 The English version and Chinese version of these Supplemental Terms and Conditions shall have equal weight. 13. Jurisdiction 13.1 You submit to the non-exclusive jurisdiction of the Hong Kong courts. 13.2 These Supplemental Terms and Conditions may be enforced in the courts of any competent jurisdiction. Definitions Business Day means a day (other than a Saturday, a Sunday or a public holiday) on which banks are open for business including dealings in foreign exchange and foreign currency deposits in Hong Kong and in the principal banking centre of the jurisdiction of issuance of the Deposit Plus Deposit Currency and the Linked Currency. Confirmation in relation to a Deposit Plus investment, means each separate confirmation issued by us to you in respect of that Deposit Plus investment pursuant to these Supplemental Terms and Conditions; and "relevant Confirmation" means the Confirmation of the Deposit Plus investment in question. Conversion Rate in relation to a Deposit Plus investment, means the rate stated as Relevant Rate in the relevant Confirmation. Deposit Plus means each investment accepted by us as a Deposit Plus investment pursuant to these Supplemental Terms and Conditions. Deposit Plus Deposit Currency in relation to a Deposit Plus investment, means the currency in which that Deposit Plus investment is denominated, as accepted by us and stated in the relevant Confirmation. Deposit Plus Deposit Date in relation to a Deposit Plus investment, means the date (being a Business Day) on which that Deposit Plus investment is made with us in accordance with these Supplemental Terms and Conditions, as stated in the relevant Confirmation. Final Exchange Rate in relation to a Deposit Plus investment, means the Relevant Rate as quoted by us in good faith, as of approximately the Fixing Time on the Fixing Date. Financial Product means any securities, futures contracts or leveraged foreign exchange contracts as defined under the Securities and Futures Ordinance. For the purpose of this definition, "leveraged foreign exchange contracts" mean those traded by persons licensed for Type 3 regulated activity under the relevant regulations in Hong Kong. Fixing Date in relation to a Deposit Plus investment, means the date stated as Fixing Date in the relevant Confirmation. Fixing Time means 10:00 am Hong Kong time. Hong Kong means the Hong Kong Special Administrative Region of the People's Republic of China. Interest Period in relation to a Deposit Plus investment, means the period from (and including) the Deposit Plus Deposit Date to (but excluding) the Interest Period End Date of that Deposit Plus investment. Interest Period End Date in relation to a Deposit Plus investment, means the Maturity Date as stated in the relevant Confirmation. For the purpose of this definition, no adjustment to the Maturity Date as contemplated in the definition of "Maturity Date" should be made. Interest Rate in relation to a Deposit Plus investment, means the interest rate stated as Interest Rate in the relevant Confirmation. Interest Year means the number of days in a year for the purpose of calculating the accrual of interest, as determined conclusively by us by reference to the current market practice in Hong Kong in respect of the Deposit Plus Deposit Currency. Linked Currency in relation to a Deposit Plus investment, means such currency other than the Deposit Plus Deposit Currency selected by you and agreed by us, as stated in the relevant Confirmation. Maturity Date in relation to a Deposit Plus investment, means (i) the date of maturity of that Deposit Plus investment agreed by you and us, as stated in the relevant Confirmation, or (ii) if that date is not a Business Day, the following date which is a Business Day, or (iii) any other date as determined by us in accordance with these Supplemental Terms and Conditions. person includes an individual, sole proprietorship, partnership, firm, company, corporation or unincorporated body of persons. Relevant Rate means, in relation to the Deposit Plus Deposit Currency and the Linked Currency selected by you and agreed by us: (i) the amount of the relevant Linked Currency for one unit of the relevant Deposit Plus Deposit Currency; or (ii) the amount of the relevant Deposit Plus Deposit Currency for one unit of the relevant Linked Currency. Supplemental Terms and Conditions means these "Deposit Plus Supplemental Terms and Conditions" as may be amended or supplemented from time to time. Time Deposit Terms and Conditions means the "Time Deposits General Terms and Conditions" as may be amended or supplemented from time to time. we, us, our means The Hongkong and Shanghai Banking Corporation Limited of 1 Queen's Road Central, Hong Kong, a registered institution under the Securities and Futures Ordinance (Cap. 571, Laws of Hong Kong) with central entity number AAA523, and its successors and assigns. you or your means each person who makes a Deposit Plus investment and, where that person is a partnership, any reference to you includes each person carrying on the business of that partnership from time to time and, where the context permits, includes any individual authorised by you to give instructions relating to the Deposit Plus investment. DEPOSIT PLUS SUPPLEMENTAL TERMS AND CONDITIONS Page 3/3 TnC046R9E-m (230517) FW
Important Notice The following offering documents contain detailed information about the terms of Deposit Plus. Before you make investment decision in Deposit Plus, please make sure you have received and read the latest version of the documents. Deposit Plus Important Facts Statement Time Deposits Deposit Plus Supplemental Terms and Conditions Upon your subsequent subscription of Deposit Plus, you confirm your understanding and acceptance of the following: You understand that if the Bank has solicited the sale of recommended any Deposit Plus to you, the Bank has assessed the reasonable suitability of Deposit Plus for you having regard to your financial situation, investment experience and investment objectives. You confirm that the information you provide to the Bank is complete, accurate and up-to-date. When the Bank assesses suitability, the Bank will rely on your confirmation. You understand that the Bank has asked you to consider setting aside at least 6 months personal/household expenses as liquid assets for unforeseeable emergency personal or family needs when considering the amount of funds available for achieving your financial goals. If you are aged 65 years or above upon your subsequent subscription, and i) you choose not to provide your product selection criteria, or ii) the risk rating of Deposit Plus is higher than your attitude towards investment risk, please be reminded that investment might result in loss of principal, you may need to prolong your investment horizon in order to attain your expected return from the investment. This may have impact on your retirement plan. Please be reminded that you should avoid excessive investment in a single type of investment to guard against over-exposure to any single investment, especially if the investment amount exceeds 50% of your total portfolio. The Bank has asked you to consider diversifying your investments and distributing the amount of funds across different products. 重要通知 以下高息投資存款的銷售文件載有關於高息投資存款條款的詳細資料 當您作出投資決定之前, 請確保您已收到並閱讀這些文件的最新版本 高息投資存款重要資料概覽 高息投資存款補充條款 當您往後投資高息投資存款, 您確認您理解和接受以下各點 : 您明白如本行已向您招攬銷售或建議任何高息投資存款, 本行已根據您的財政狀況 投資及投資目標為您評估高息投資存款的合理合適性 您確認由您向本行提供的任何資料為完整 準確及最新 當本行評估合適性時, 將侬賴您的確認 您明白本行已請您考慮投放於理財目標的金額時, 應先預留六個月個人 / 家庭開支金額作流動資產, 以應付突如其來的個人或家庭開支 如您往後投資高息投資存款時年齡在 65 歲或以上, 而 i) 你選擇不提供挑選產品準則或 ii) 高息投資存款的風險評級高於你的投資風險取向, 請注意投資有機會令本金虧損, 投資波幅可能令您需延長投資期以達致預期回報, 這可能影響您的退休生活預算 請注意您應避免將超過百分之五十的資產投放於一種投資產品, 以避免對個別投資產品承受過多風險 本行已請您考慮將資金分散投資於不同產品上 Issued by The Hongkong and Shanghai Banking Corporation Limited 由香港上海匯豐銀行有限公司刊發