Common use of Client Assets Clause in Contracts

Client Assets. 7.1 All monies, securities or other property received by the Broker from the Client or from any other person (including the Clearing House) for the account of the Client shall be held by the Broker as trustee, segregated from the Broker's own assets and paid into a Segregated Bank Account, a Segregated Debt Securities Account or a Segregated Securities Account (as the case may be), and that all monies, securities or other property so held by the Broker shall not form part of the assets of the Broker for insolvency or winding up purposes but shall be returned to the Client promptly upon the appointment of a provisional liquidator, liquidator or similar officer over all or any part of the Broker's business or assets. 7.2 Any monies, Approved Debt Securities or Approved Securities received by the Broker from the Client or from any other person (including the Clearing House) shall be held in the manner specified under paragraphs 7 to 12 of the Schedule 4 to the Code of Conduct and the Client authorises the Broker to apply any monies, Approved Debt Securities or Approved Securities which the Client may pay or deposit with the Broker in the manner specified under paragraphs 14 to 15 of Schedule 4 to the Code of Conduct. In particular, you may apply any such monies, Approved Debt Securities or Approved Securities in or towards meeting the Broker’s obligations to any party insofar as such obligations arise in connection with or incidental to business of dealing in Futures/Options Contracts on the Client’s behalf. 7.3 The Client authorizes the Broker to withdraw from the Segregated Bank Account, the Segregated Debt Securities Account or the Segregated Securities Account and to apply any monies, any Approved Debt Securities or any Approved Securities paid or deposited by the Client to the Broker for the following manner: (A) properly required to meet obligations of the Broker to the Clearing House, an executing agent or any other party arising in connection with or incidental to Futures Contracts or Options Contracts transacted by the Broker on the instructions or behalf of the Client, provided that no withdrawal may be made which would have the effect that Clearing House Margin requirements, variation adjustment or other applicable adjustment requirements, or trading liabilities in respect of Futures Contracts or Options Contracts conducted on behalf of the Client are thereby financed by other clients' money; (B) properly required to meet commission, brokerage, levies and other proper charges directly relating to Futures Contracts or Options Contracts transacted by the Broker on the instructions of the Client (whether or not payable to the Broker); (C) to transfer monies to another Segregated Bank Account, to transfer Approved Debt Securities to another Segregated Debt Securities Account or to transfer Approved Securities to another Segregated Securities Account; (D) to pay to or in accordance with the directions of the Client but in such a case, notwithstanding the Client's directions, no monies, no Approved Debt Securities and no Approved Securities may be paid or deposited into another account of the Broker unless it is a Segregated Bank Account, a Segregated Debt Securities Account or a Segregated Securities Account (as the case may be); and (E) the Broker’s retaining of such amounts of interest derived from the holding of the Client's money. In particular, the Client acknowledges that the Broker may apply such monies, Approved Debt Securities or Approved Securities in or towards meeting the Broker's obligations to any party insofar as such obligations arise in connection with or incidental to all Futures/Options Contracts transacted on the Client's behalf. The Client agrees that all the interest derived from the holding of the Client's money belongs to the Broker who has right to retain all such interest. 7.4 The Client acknowledges that in respect of any account of the Broker maintained with the Clearing House, whether wholly or partly in respect of Futures Contracts or Options Contracts transacted on behalf of the Client and whether or not monies, Approved Debt Securities or Approved Securities paid or deposited by the Client has been paid to or deposited with the Clearing House, as between the Broker and the Clearing House, the Broker deals as principal and accordingly no such account is impressed with any trust or other equitable interest in favour of the Client. Monies, Approved Debt Securities and Approved Securities paid to or deposited with the Clearing House are thereby free from the trust referred to in Clause 7.1. 7.5 The Client, as beneficial owner, charges in favour of the Broker by way of first fixed charge all securities, Commodities, Margin, or other properties from time to time deposited by or on behalf of the Client with the Broker, or purchased for or otherwise being held in or by or under the order or control of the Broker for the Account or any other account otherwise, including any and all rights, title and interest, present or future, therein (collectively, “Charged Assets”) as continuing security for all of the Client’s liabilities and obligations due, owing or incurred towards the Broker of whatever nature and from time to time (including without limitation the margin and delivery obligations arising from the futures and options positions of the Client) and the Client hereby assigns and releases to the Broker all such securities, Commodities, Margin, or other properties. The Broker is entitled to, without further notice, sell, realise or dispose of all or any of the Charged Assets at any time and in any manner which the Broker deems expedient for discharge of any indebtedness of the Client owing towards the Broker if the Client fails to comply with any terms of the Agreement or to pay any debts to the Broker. 7.6 The Broker has absolute discretion whether to pay or not to pay to the Client interest accrued on any money of the Client in the Account. No interest on the money in the Account shall be paid to the Client unless the Broker has resolved to pay interest at interest rate determined by the Broker from time to time at its absolute discretion taking into consideration of prevailing market rates.

Client Assets. 7.1 3.1 All monies, securities or other property received by the Broker AIF SEC from the Client or from any other person (including the Clearing HouseHouse and/or the Correspondent Broker) for the account of the Client shall be held by the Broker AIF SEC as trustee, segregated from the Broker's AIF SEC’s own assets and paid into a Segregated Bank Account, a Segregated Debt Securities Account or a Segregated Securities Account (as the case may be), and that all monies, securities or other property so held by the Broker AIF SEC shall not form part of the assets of the Broker AIF SEC for insolvency or winding up purposes but shall be returned to the Client promptly upon the appointment of a provisional liquidator, liquidator or similar officer over all or any part of the Broker's AIF SEC’s business or assets. 7.2 3.2 Any monies, Approved Debt Securities or Approved Securities received by the Broker AIF SEC from the Client or from any other person (including on behalf of the Clearing House) Client shall be held in the manner specified under paragraphs 7 to 12 of the Schedule 4 to the Code of Conduct and the Client authorises the Broker AIF SEC to apply any monies, Approved Debt Securities or Approved Securities which the Client may pay or deposit with the Broker AIF SEC in the manner specified under paragraphs 14 to 15 of Schedule 4 to the Code of Conduct. In particular, you AIF SEC may apply any such monies, Approved Debt Securities or Approved Securities in or towards meeting the BrokerAIF SEC’s obligations to any party insofar as such obligations arise in connection with or incidental to business of dealing in Futures/Options Contracts on the Client’s behalf. 7.3 The 3.3 Subject to the provisions of the SFO, the Client authorizes the Broker AIF SEC to withdraw from the Segregated Bank Account, the Segregated Debt Securities Account or the Segregated Securities Account and to apply any monies, any Approved Debt Securities or any Approved Securities paid or deposited by the Client to the Broker AIF SEC for the following manner: (Ai) properly required to meet obligations of the Broker AIF SEC to the Clearing House, an executing agent or any other party arising in connection with or incidental to Futures Contracts or Options Contracts transacted by the Broker AIF SEC on the instructions or behalf of the Client, provided that no withdrawal may be made which would have the effect that Clearing House Margin margin requirements, variation adjustment or other applicable adjustment requirements, or trading liabilities in respect of Futures Contracts or Options Contracts conducted on behalf of the Client are thereby financed by other clients' money; (Bii) properly required to meet commission, brokerage, levies and other proper charges directly relating to Futures Contracts or Options Contracts transacted by the Broker AIF SEC on the instructions of the Client (whether or not payable to the BrokerAIF SEC); (Ciii) to transfer monies to another Segregated Bank Account, to transfer Approved Debt Securities to another Segregated Debt Securities Account or to transfer Approved Securities to another Segregated Securities Account; (Div) to pay to or in accordance with the directions of the Client but in such a case, notwithstanding the Client's directions, no monies, no Approved Debt Securities and no Approved Securities may be paid or deposited into another account of the Broker AIF SEC unless it is a Segregated Bank Account, a Segregated Debt Securities Account or a Segregated Securities Account (as the case may be); and; (Ev) the BrokerAIF SEC’s retaining of such amounts of interest derived from the holding of the Client's money. In particular, ; or (vi) in any other manner as permitted under the Client acknowledges that the Broker may apply such monies, Approved Debt Securities or Approved Securities in or towards meeting the Broker's obligations to any party insofar as such obligations arise in connection with or incidental to all Futures/Options Contracts transacted on the Client's behalf. The Client agrees that all the interest derived from the holding of the Client's money belongs to the Broker who has right to retain all such interestSFO. 7.4 3.4 The Client acknowledges that in respect of any account of the Broker AIF SEC maintained with the Clearing House, whether wholly or partly in respect of Futures Contracts or Options Contracts transacted on behalf of the Client and whether or not monies, Approved Debt Securities or Approved Securities paid or deposited by the Client has been paid to or deposited with the Clearing House, as between the Broker AIF SEC and the Clearing House, the Broker AIF SEC deals as principal and accordingly no such account is impressed with any trust or other equitable interest in favour of the Client. Client Monies, Approved Debt Securities and Approved Securities paid to or deposited with the Clearing House are thereby free from the trust referred to in Clause 7.13.1 above. 7.5 3.5 The Client, as beneficial owner, charges in favour of the Broker AIF SEC by way of first fixed charge all securities, Commodities, Margin, or other properties from time to time deposited by or on behalf of the Client with the BrokerAIF SEC, or purchased for or otherwise being held in or by or under the order or control of the Broker AIF SEC for the Account or any other account otherwise, including any and all rights, title and interest, present or future, therein (collectively, “Charged Assets”) as continuing security for all of the Client’s liabilities and obligations due, owing or incurred towards the Broker AIF SEC of whatever nature and from time to time (including without limitation the margin and delivery obligations arising from the futures and options positions of the Client) and the Client hereby assigns and releases to the Broker AIF SEC all such securities, Commodities, Margin, or other properties. The Broker AIF SEC is entitled to, without further notice, sell, realise or dispose of all or any of the Charged Assets at any time and in any manner which the Broker AIF SEC deems expedient for discharge of any indebtedness of the Client owing towards the Broker AIF SEC if the Client fails to comply with any terms of the Agreement or to pay any debts to the BrokerAIF SEC. 7.6 3.6 The Broker has absolute discretion whether Client shall not be entitled to pay or not to pay to the Client receive any interest accrued on any the money of the Client in the Account. No ; however, AIF SEC may at is full discretion pay part or all of such interest on to the money Client. 3.7 The Client agrees not to, and not purport to, create or allow to subsist, a charge, pledge or other encumbrance over the Account or Charged Assets (as defined in Clause 3.5) held or carried by AIF SEC for or in the Account shall be paid to the Client unless the Broker has resolved to pay interest at interest rate determined by the Broker from time to time at its absolute discretion taking into consideration of prevailing market ratesAccount.

Client Assets. 7.1 All monies, securities or other property received by the Broker CJF HK from the Client or from any other person (including the Clearing House) for the account of the Client shall be held by the Broker CJF HK as trustee, segregated from the BrokerCJF HK's own assets and paid into a Segregated Bank Account, a Segregated Debt Securities Account or a Segregated Securities Account (as the case may be), and that all monies, securities or other property so held by the Broker CJF HK shall not form part of the assets of the Broker CJF HK for insolvency or winding up purposes but shall be returned to the Client promptly upon the appointment of a provisional liquidator, liquidator or similar officer over all or any part of the BrokerCJF HK's business or assets. 7.2 Any monies, Approved Debt Securities or Approved Securities received by the Broker CJF HK from the Client or from any other person (including on behalf of the Clearing House) Client shall be held in the manner specified under paragraphs 7 to 12 of the Schedule 4 to the Code of Conduct and the Client authorises the Broker CJF HK to apply any monies, Approved Debt Securities or Approved Securities which the Client may pay or deposit with the Broker CJF HK in the manner specified under paragraphs 14 to 15 of Schedule 4 to the Code of Conduct. In particular, you CJF HK may apply any such monies, Approved Debt Securities or Approved Securities in or towards meeting the Broker’s CJF HK's obligations to any party insofar as such obligations arise in connection with or incidental to business of dealing in Futures/Options Contracts on the Client’s 's behalf. This Clause is subject to Clause 3.20. 7.3 The Subject to the provisions of the SFO, the Client authorizes the Broker CJF HK to withdraw from the Segregated Bank Account, the Segregated Debt Securities Account or the Segregated Securities Account and to apply any monies, any Approved Debt Securities or any Approved Securities paid or deposited by the Client to the Broker CJF HK for the following manner: (A) properly required to meet obligations of the Broker CJF HK to the Clearing House, an executing agent or any other party arising in connection with or incidental to Futures Contracts or Options Contracts transacted by the Broker CJF HK on the instructions or behalf of the Client, provided that no withdrawal may be made which would have the effect that Clearing House Margin margin requirements, variation adjustment or other applicable adjustment requirements, or trading liabilities in respect of Futures Contracts or Options Contracts conducted on behalf of the Client are thereby financed by other clients' money; (B) properly required to meet commission, brokerage, levies and other proper charges directly relating to Futures Contracts or Options Contracts transacted by the Broker CJF HK on the instructions of the Client (whether or not payable to the BrokerCJF HK); (C) to transfer monies to another Segregated Bank Account, to transfer Approved Debt Securities to another Segregated Debt Securities Account or to transfer Approved Securities to another Segregated Securities Account; (D) to pay to or in accordance with the directions of the Client but in such a case, notwithstanding the Client's directions, no monies, no Approved Debt Securities and no Approved Securities may be paid or deposited into another account of the Broker CJF HK unless it is a Segregated Bank Account, a Segregated Debt Securities Account or a Segregated Securities Account (as the case may be); and (E) the Broker’s retaining of such amounts of interest derived from the holding of the Client's money. In particular, the Client acknowledges that the Broker may apply such monies, Approved Debt Securities or Approved Securities in or towards meeting the Broker's obligations to any party insofar as such obligations arise in connection with or incidental to all Futures/Options Contracts transacted on the Client's behalf. The Client agrees that all the interest derived from the holding of the Client's money belongs to the Broker who has right to retain all such interest. 7.4 The Client acknowledges that in respect of any account of the Broker maintained with the Clearing House, whether wholly or partly in respect of Futures Contracts or Options Contracts transacted on behalf of the Client and whether or not monies, Approved Debt Securities or Approved Securities paid or deposited by the Client has been paid to or deposited with the Clearing House, as between the Broker and the Clearing House, the Broker deals as principal and accordingly no such account is impressed with any trust or other equitable interest in favour of the Client. Monies, Approved Debt Securities and Approved Securities paid to or deposited with the Clearing House are thereby free from the trust referred to in Clause 7.1. 7.5 The Client, as beneficial owner, charges in favour of the Broker by way of first fixed charge all securities, Commodities, Margin, or other properties from time to time deposited by or on behalf of the Client with the Broker, or purchased for or otherwise being held in or by or under the order or control of the Broker for the Account or any other account otherwise, including any and all rights, title and interest, present or future, therein (collectively, “Charged Assets”) as continuing security for all of the Client’s liabilities and obligations due, owing or incurred towards the Broker of whatever nature and from time to time (including without limitation the margin and delivery obligations arising from the futures and options positions of the Client) and the Client hereby assigns and releases to the Broker all such securities, Commodities, Margin, or other properties. The Broker is entitled to, without further notice, sell, realise or dispose of all or any of the Charged Assets at any time and in any manner which the Broker deems expedient for discharge of any indebtedness of the Client owing towards the Broker if the Client fails to comply with any terms of the Agreement or to pay any debts to the Broker. 7.6 The Broker has absolute discretion whether to pay or not to pay to the Client interest accrued on any money of the Client in the Account. No interest on the money in the Account shall be paid to the Client unless the Broker has resolved to pay interest at interest rate determined by the Broker from time to time at its absolute discretion taking into consideration of prevailing market rates.指明的期間內或作出追繳保證金或變價調整通知時，履行支付保證金或變價調整要求，此事將構成失責事件，長江期貨可行使第

Client Assets. 7.1 All monies, securities or other property received by the Broker CJF HK from the Client or from any other person (including the Clearing House) for the account of the Client shall be held by the Broker CJF HK as trustee, segregated from the BrokerCJF HK's own assets and paid into a Segregated Bank Account, a Segregated Debt Securities Account or a Segregated Securities Account (as the case may be), and that all monies, securities or other property so held by the Broker CJF HK shall not form part of the assets of the Broker CJF HK for insolvency or winding up purposes but shall be returned to the Client promptly upon the appointment of a provisional liquidator, liquidator or similar officer over all or any part of the BrokerCJF HK's business or assets. 7.2 Any monies, Approved Debt Securities or Approved Securities received by the Broker CJF HK from the Client or from any other person (including on behalf of the Clearing House) Client shall be held in the manner specified under paragraphs 7 to 12 of the Schedule 4 to the Code of Conduct and the Client authorises the Broker CJF HK to apply any monies, Approved Debt Securities or Approved Securities which the Client may pay or deposit with the Broker CJF HK in the manner specified under paragraphs 14 to 15 of Schedule 4 to the Code of Conduct. In particular, you CJF HK may apply any such monies, Approved Debt Securities or Approved Securities in or towards meeting the Broker’s CJF HK's obligations to any party insofar as such obligations arise in connection with or incidental to business of dealing in Futures/Options Contracts on the Client’s 's behalf. This Clause is subject to Clause 3.20. 7.3 The Subject to the provisions of the SFO, the Client authorizes the Broker CJF HK to withdraw from the Segregated Bank Account, the Segregated Debt Securities Account or the Segregated Securities Account and to apply any monies, any Approved Debt Securities or any Approved Securities paid or deposited by the Client to the Broker CJF HK for the following manner: (A) properly required to meet obligations of the Broker CJF HK to the Clearing House, an executing agent or any other party arising in connection with or incidental to Futures Contracts or Options Contracts transacted by the Broker CJF HK on the instructions or behalf of the Client, provided that no withdrawal may be made which would have the effect that Clearing House Margin margin requirements, variation adjustment or other applicable adjustment requirements, or trading liabilities in respect of Futures Contracts or Options Contracts conducted on behalf of the Client are thereby financed by other clients' money; (B) properly required to meet commission, brokerage, levies and other proper charges directly relating to Futures Contracts or Options Contracts transacted by the Broker CJF HK on the instructions of the Client (whether or not payable to the BrokerCJF HK); (C) to transfer monies to another Segregated Bank Account, to transfer Approved Debt Securities to another Segregated Debt Securities Account or to transfer Approved Securities to another Segregated Securities Account; (D) to pay to or in accordance with the directions of the Client but in such a case, notwithstanding the Client's directions, no monies, no Approved Debt Securities and no Approved Securities may be paid or deposited into another account of the Broker unless it is a Segregated Bank Account, a Segregated Debt Securities Account or a Segregated Securities Account (as the case may be); and (E) the Broker’s retaining of such amounts of interest derived from the holding of the Client's money. In particular, the Client acknowledges that the Broker may apply such monies, Approved Debt Securities or Approved Securities in or towards meeting the Broker's obligations to any party insofar as such obligations arise in connection with or incidental to all Futures/Options Contracts transacted on the Client's behalf. The Client agrees that all the interest derived from the holding of the Client's money belongs to the Broker who has right to retain all such interest. 7.4 The Client acknowledges that in respect of any account of the Broker maintained with the Clearing House, whether wholly or partly in respect of Futures Contracts or Options Contracts transacted on behalf of the Client and whether or not monies, Approved Debt Securities or Approved Securities paid or deposited by the Client has been paid to or deposited with the Clearing House, as between the Broker and the Clearing House, the Broker deals as principal and accordingly no such account is impressed with any trust or other equitable interest in favour of the Client. Monies, Approved Debt Securities and Approved Securities paid to or deposited with the Clearing House are thereby free from the trust referred to in Clause 7.1. 7.5 The Client, as beneficial owner, charges in favour of the Broker by way of first fixed charge all securities, Commodities, Margin, or other properties from time to time deposited by or on behalf of the Client with the Broker, or purchased for or otherwise being held in or by or under the order or control of the Broker for the Account or any other account otherwise, including any and all rights, title and interest, present or future, therein (collectively, “Charged Assets”) as continuing security for all of the Client’s liabilities and obligations due, owing or incurred towards the Broker of whatever nature and from time to time (including without limitation the margin and delivery obligations arising from the futures and options positions of the Client) and the Client hereby assigns and releases to the Broker all such securities, Commodities, Margin, or other properties. The Broker is entitled to, without further notice, sell, realise or dispose of all or any of the Charged Assets at any time and in any manner which the Broker deems expedient for discharge of any indebtedness of the Client owing towards the Broker if the Client fails to comply with any terms of the Agreement or to pay any debts to the Broker. 7.6 The Broker has absolute discretion whether to pay or not to pay to the Client interest accrued on any money of the Client in the Account. No interest on the money in the Account shall be paid to the Client unless the Broker has resolved to pay interest at interest rate determined by the Broker from time to time at its absolute discretion taking into consideration of prevailing market rates.任何限制（如有的話），不得遲於下一個營業日之營業時間結束前或必須在長江期貨按其絕對酌情權決定和向客戶指明的較短期間內履行支付保證金或變價調整的要求。如客戶未能於長江期貨指明的期間內或作出追繳保證金或變價調整通知時，履行支付保證金或變價調整要求，此事將構成失責事件，長江期貨可行使第