The Nature Clause Samples
The "Nature" clause defines the fundamental characteristics and intent of the agreement or relationship between the parties. It typically clarifies whether the arrangement is, for example, a partnership, joint venture, independent contractor relationship, or another legal form, and may specify what the agreement does and does not establish. By explicitly stating the nature of the relationship, this clause helps prevent misunderstandings and legal disputes about the parties' rights, obligations, and liabilities under the agreement.
The Nature. 6.2.1.1 ▇▇▇ are structured products which can be listed on The Stock Exchange of Hong Kong Limited under Chapter 15A of the Main Board Listing Rules. They are marketed to retail and institutional investors who want to earn a higher interest rate than the rate on an ordinary time deposit and accept the risk of repayment in the form of the underlying shares or losing some or all of their investment.
6.2.1.2 ▇▇▇ are traded in board lots and the minimum trading unit is one board lot. One board lot of ▇▇▇ equals one board lot of its underlying security or its multiples. The duration of an ▇▇▇ ranges from 28 days to two years. ▇▇▇ are traded scripless in Hong Kong dollars and odd lots are settled in cash. Investors should note that short selling of ▇▇▇ is prohibited.
6.2.1.3 An ▇▇▇’s investment returns are often linked to the performance of their underlying stock(s). But for the purpose of increasing the overall return from that of plain-vanilla ELIs, some issuers may include additional features, such as early call, knock-in and daily accrual coupon. These features may affect the return of the ELIs in different ways.
The Nature. An index tracking exchange traded fund (ETF) is traded on an exchange. Its principal objective is to track, replicate or correspond to the performance of an underlying index. The index can be on a stock market, a specific segment of a stock market or a group of stock markets in a region or elsewhere in the world. It can also be on bonds or commodities.
The Nature. 6.3.1.1 An index tracking exchange traded fund (ETF) is traded on an exchange. Its principal objective is to track, replicate or correspond to the performance of an underlying index. The index can be on a stock market, a specific segment of a stock market or a group of stock markets in a region or elsewhere in the world. It can also be on bonds or commodities.
6.3.1.2 Synthetic ETF is a kind of ETF, which fund managers adopt synthetic replication through investing in financial derivative instruments, such as swaps and performance-linked notes, to replicate the index performance.