Client Orders. 10.1. The Company shall execute Securities sale and purchase transactions in the name and for the account of the Client in accordance with Article 256 of the Executive Regulations of the Capital Market Law no. 95/1992. 10.2. The Company shall receive orders from the Client (or his/her representative acting on his/her behalf by a notarized power of attorney or any official document)by any of the following means Written, Telephone, Fax, , SMS, Bloomberg or Online Trading Website (provided that the Client executes the relevant Annex including the terms and conditions of internet trading). In addition, the Company may also receive the Client’s orders over the phone (in accordance with the approval of the FRA to the system of Client Call Recording for receiving orders of the Clients on the 13 August 2011, pursuant to the provisions of Article 263 of the Executive Regulations in connection with receiving orders on the phone) and orders shall be received in the order book accredited by the FRA. Recording shall be made on the telephone recording system and the orders registration book at the Company (pursuant to the forms and guarantees that the FRA ratifies for receiving orders on the phone). 10.3. The instructions and orders communicated to the Company either by the Client or by his/her representative may be amended or revoked, unless such instructions/orders or part thereof have been executed. 10.4. The Company shall execute the orders given by the Client or his/her representative according to their instructions and the Client declares that he/she is fully responsible for the orders communicated by him/her or by his/her representative without any liability on the Company. 10.5. The Client shall comply with the order once it was issued from him/her or his/her representative until the order validity period expires or the Company is told to cancel it before execution. 10.6. The Client shall comply with settling the value of purchase transactions as well as the sale and purchase commissions plus the other services and expenses pursuant to the commissions and fees terms and conditions which are considered an integral part of this Agreement. the Company shall deduct such expenses from the Client’s account without referring to him/her. 10.7. The Company shall notify the Client by any of the acknowledged methods of communication of the position of execution for his/her sale or purchase order within 24 hours from the date of executing the order. 10.8. The Company shall exert the maximum degrees of due diligence in executing of the Client’s orders. However, if the Company could not execute all the quantity set out in the Client’s order, the Client shall not be entitled to refrain from accepting the quantity executed for his/ her account; unless there is an explicit stipulation in the Client’s order that provides otherwise. 10.9. It is agreed that the Company may, in its sole discretion and without giving reasons, decline to accept any particular instruction/order from the Client in relation to a particular investment. In which case, the Company will notify the Client as soon as practicable and the Company shall not be liable for any losses or expenses the Client may incur, if the Company declines to accept any such instruction/order. 10.10. If the Client wishes to instruct the Company to trade in Global Depository Receipts (GDRs) listed on any exchange other than the EGX and that are issued against shares listed on the EGX, the Company may (but is not obliged to) accept such instructions and execute these instructions through a sub-broker licensed at the relevant exchanges. Where the Company appoints a sub-broker, it shall take reasonable steps to ensure that the sub-broker is fit and proper to perform any services under the relevant local brokerage agreement.
Appears in 1 contract
Sources: Brokerage Account Agreement
Client Orders. 10.13.1. The Company Subject to the below proviso, we shall execute Securities sale and purchase transactions accept your orders only if received by mail, telephone, fax, e-mail, through an online / electronic platform, or if delivered by hand, in a manner accepted by us, if we are satisfied, at our absolute discretion, as to the name and identity of the person placing the order as well as for the account validity of the Client in accordance with Article 256 order. Provided that, we reserve the right to request that orders are received by a different manner or means which we determine from time to time. We also reserve the right to specify the contents of the Executive Regulations order as it should be completed and submitted by you to us for it to be a valid and binding order under the Agreement.
3.2. Any orders which were originally provided by telephone, fax, or e-mail and which are subsequently confirmed and delivered to us either by mail or by hand must be clearly marked “Original sent by fax/ telephone/ etc. Please avoid duplication.” We shall not otherwise be liable for having acted on the same order twice.
3.3. When we provide the service of reception and transmission of orders, we reserve the right (but not the obligation) to require that you, at your own expense, confirm your orders in writing, before we transmit them for execution.
3.4. When we provide the service of execution of orders on your behalf, you may place orders for execution by us with the responsible officer and/ or appropriate department.
3.5. You hereby acknowledge that any of your orders received outside Working Hours of a Business Day may potentially be transmitted and executed within the same Business Day if the Market to which such orders are transmitted for execution is open for trading.
3.6. You authorise us to rely and act upon and treat as fully authorised and binding upon you, any order which purports to have been given and which is accepted by us in good faith as having been given by you or by an Authorised Representative / Attorney. You accept that unless you inform us in writing regarding the termination of the Capital Market Law no. 95/1992.
10.2. The Company Authorised Representative / Attorney, we shall receive continue accepting orders from the Client latter; such orders shall (a) be valid and (b) fully commit you.
3.7. We shall not further enquire as to the genuineness, authority or his/her representative acting on his/her behalf by a notarized power of attorney or any official document)by any identity of the following means Writtenperson giving or purporting to give such orders, Telephoneunless we have either agreed in writing or expressly requested in writing limitations by you on the persons from whom we may accept orders.
3.8. Any of your orders, Faxonce received by us, are considered final and cannot be cancelled, SMSdeleted, Bloomberg or Online Trading Website (provided that the Client executes amended except where we can, and expressly allow you to, cancel, delete, or amend the relevant Annex including the terms and conditions of internet trading)order. In additionProvided that, the Company may also receive the Client’s any orders over the phone (in accordance with the approval of the FRA to the system of Client Call Recording for receiving orders of the Clients on the 13 August 2011, pursuant to the provisions of Article 263 of the Executive Regulations in connection with receiving orders on the phone) and orders shall amendments or confirmations must be received in the order book accredited by the FRA. Recording shall be made on the telephone recording system and the orders registration book at the Company (pursuant to the forms and guarantees that the FRA ratifies for receiving orders on the phone)defined expressly as such.
10.33.9. The instructions From time to time, we may receive delayed, modified and/or erroneous reports from the Cyprus Stock Exchange and/or the Market. You hereby declare that you understand, agree and accept that a statement of orders communicated regarding which no report is given to the Company either by the Client you or by his/her representative regarding which a report is given that these have matured, cancelled or executed, may be amended or revokedas a result of such delayed, unless such instructions/orders or part thereof have been executed.
10.4. The Company shall execute modified and/or erroneous reports from the orders given by Cyprus Stock Exchange and/or the Client or his/her representative according Market, to their instructions and the Client declares that he/she is fully responsible for the orders communicated by him/her or by his/her representative without any liability on the Company.
10.5. The Client shall comply with the order once it was issued from him/her or his/her representative until the order validity period expires or the Company is told to cancel it before executionwhat actually occurred regarding such orders, and in such cases we shall have no responsibility.
10.6. The Client shall comply with settling the value of purchase transactions as well as the sale and purchase commissions plus the other services and expenses pursuant to the commissions and fees terms and conditions which are considered an integral part of this Agreement. the Company shall deduct such expenses from the Client’s account without referring to him/her.
10.7. The Company shall notify the Client by any of the acknowledged methods of communication of the position of execution for his/her sale or purchase order within 24 hours from the date of executing the order.
10.8. The Company shall exert the maximum degrees of due diligence in executing of the Client’s orders. However, if the Company could not execute all the quantity set out in the Client’s order, the Client shall not be entitled to refrain from accepting the quantity executed for his/ her account; unless there is an explicit stipulation in the Client’s order that provides otherwise.
10.9. It is agreed that the Company may, in its sole discretion and without giving reasons, decline to accept any particular instruction/order from the Client in relation to a particular investment. In which case, the Company will notify the Client as soon as practicable and the Company shall not be liable for any losses or expenses the Client may incur, if the Company declines to accept any such instruction/order.
10.10. If the Client wishes to instruct the Company to trade in Global Depository Receipts (GDRs) listed on any exchange other than the EGX and that are issued against shares listed on the EGX, the Company may (but is not obliged to) accept such instructions and execute these instructions through a sub-broker licensed at the relevant exchanges. Where the Company appoints a sub-broker, it shall take reasonable steps to ensure that the sub-broker is fit and proper to perform any services under the relevant local brokerage agreement.
Appears in 1 contract
Sources: Investment Services Agreement