Counterparty Risks. All settlement of trades occurs outside the Exchange and the Exchange is not responsible for the settlement of trades of the Security Tokens and/or Digital Payment Tokens on the Trading System. Whilst the Exchange operates on a cash and Security Tokens and/or Digital Payment Tokens upfront basis and has powers under the Exchange Rules to facilitate settlement, there may be situations where a trade is not settled. In such an event, a Member may have to seek legal remedies against the counterparty Member.
Counterparty Risks. All transactions that are executed upon the Client’s Instructions with counterparties and brokers are dependent on their due performance of their obligations. The suffering of Insolvency Event by such counterparties and brokers may lead to positions being liquidated or closed out without the Client’s consent.
Counterparty Risks. Please ensure that you are aware of the identity of the contractual counterparty you are or may be matched with. Often, you will be purchasing an unsecured obligation of such counterparty (as opposed to an obligation of a central clearing corporation as would be the case with exchange traded futures and options) and you should evaluate the comparative credit risk. If your counterparty is the Company, you must note that the Company deals with you at arms length as your counterparty. Unless it agrees in writing or unless otherwise required by law, the Company is not your fiduciary or financial adviser, nor is it willing to accept any fiduciary obligations to you. Any dealing, trading or engagement or transaction with the Company by you could result in a loss to you and a gain to the Company. The Company does not and will not give you any advice whether written or oral other than the representations which will be expressly set forth in the relevant agreement, and any confirmation which may be signed or executed by you after negotiations with the Company as your counterparty. Your net returns from a transaction would also be affected by the transaction costs (i.e. commission, fees and other charges) charged by the Company. These costs must be considered in any risk assessment made by you. You should be aware that the Company and/or its affiliates may from time to time take proprietary positions and/or make markets in instruments identical or economically related to the transactions entered into with you, or may have an investment banking or other commercial relationship with and access to information from the issuer(s) of securities, financial instruments or other interests underlying transactions entered into with you. The Company and/or its affiliates may also undertake proprietary activities, including hedging transactions related to the initiation or termination of a transaction with you, that may affect the market price, rate or other market factor(s) underlying a transaction entered into with you and consequently the value of such transactions.
Counterparty Risks. 29.1. Where CGS-CIMB is the counterparty to the Transactions (without prejudice to CGS- CIMB’s right to hedge its risks with another counterparty), the Client must note that CGS-CIMB deals with the Client at arm’s length as his counterparty in relation to the said Transaction. In such a case, unless CGS-CIMB agrees in writing or unless otherwise required by law, CGS-CIMB is not the Client’s fiduciary, nor is it willing to accept any fiduciary obligations to the Client. Any dealing, trading or engagement or transaction with CGS-CIMB by the Client could result in a loss to the Client and a gain to CGS-CIMB. CGS-CIMB does not and will not give the Client any advice whether written or oral other than any representations expressly set forth in any relevant agreement and any confirmation which may be signed or executed by the Client after negotiations with CGS-CIMB as the counterparty. The Client’s net returns from a transaction would also be affected by the transaction costs (which include, but which are not limited to, commission, fees and other charges) charged by CGS-CIMB. The Client should consider these costs in any risk assessment made by the Client. The Client should be aware that CGS-CIMB is engaged in customer-driven and proprietary activities in many markets. These general activities, as well as CGS-CIMB’s hedging activities which are related to certain Transactions entered into with the Client, may adversely affect the value of such Transactions.
Counterparty Risks. Please ensure that you are aware of the identity of the contractual counterparty you are or may be matched with. Often, you will be purchasing an unsecured obligation of such counterparty (as opposed to an obligation of a central clearing corporation as would be the case with exchange traded futures and options) and you should evaluate the comparative credit risk. If your counterparty is the Company, you must note that the Company deals with you at arms length as your counterparty. Unless it agrees in writing or unless otherwise required by law, the Company is not your fiduciary, nor is it willing to accept any fiduciaryobligations to you. Anydealing, trading or engagement or transaction with the Company by you could result in a lo s s to you and a gain to the Company. The Company does not and will not give you any advice whether written or oral other than the representations which will be expressly set forth in the relevant agreement, and any confirmation which may be signed or executed by you after negotiations with the Company as your counterparty. Your net returns from a transaction would also be affected by the transaction costs (i.e. commission, fees and other charges) charged by the Company. These costs must be considered in any risk assessment made by you. You should be aware that the Company is engaged in cer t a i n customer driven and proprietary activities in many mar k et s . These general activities, as well as the Company’s hedging activities which are related to certain transactions entered into with you, may adversely affect the value of such transactions.
Counterparty Risks. The Client should be aware of the identity of the contractual counterparty the Client is or may be matched with. Often, the Client will be purchasing an unsecured obligation of such counterparty (as opposed to an obligation of a central clearing corporation as would be the case with exchange traded futures and options) and the Client should evaluate the comparative credit risk. If the Client’s counterparty is the Company, the Client must note that the Company deals with the Client at arms length as the Client’s counterparty. Unless the Client agrees in writing or unless otherwise required by law, the Company is not the Client’s fiduciary, nor is the Company willing to accept any fiduciary obligations to the Client. Any dealing, trading, engagement or transaction with the Company by the Client could result in a loss to the Client and a gain to the Company. The Company does not and will not give the Client any advice whether written or oral other than the representations which will be expressly set forth in the relevant agreement, and any confirmation, which may be signed or executed by the Client after negotiations with the Company as the Client’s counterparty. The Client’s net returns from a transaction would also be affected by the transaction costs (i.e. commission, fees and other charges) charged by the Company. These costs must be considered in any risk assessment made by the Client. The Client should be aware that the Company is engaged in certain client driven and proprietary activities in many markets. These general activities, as well as the Company’s hedging activities which are related to certain transactions entered into with the Client, may adversely affect the value of such transactions.
Counterparty Risks. All settlement of transactions involving Fiat Currency or monies occurs outside our Site or platform. Whilst we facilitate the transactions between our users, and in any event when such transaction is not settled, you shall seek legal remedies against the respective counterparty.
Counterparty Risks. An account trading the Discus Program is a party to brokerage, clearing and swap agreements with the Broker, Give-Up Broker or other counterparties (herein collectively “Counterparties”). The default of any Counterparty on any obligation to an account could have a material adverse consequences. Some of the markets in which the trading program effects its transactions are “over-the-counter” or “interdealer” markets. For example, swaps, OTC options and other custom instruments are subject to the risk of non-performance by the swap or option counterparty. The participants in such markets are typically not subject to credit evaluation and regulatory oversight as are members of “exchange-based” markets. This may expose an account to the risk that a counterparty will not settle a transaction in accordance with its terms and conditions because of a dispute over the terms of the contract (whether or not bona fide) or because of a credit or liquidity problem, thus causing a client to suffer a loss. Such “counterparty risk” is accentuated for contracts with longer maturities where events may intervene to prevent settlement, or where an account has concentrated its transactions with a single or small group of counterparties. In addition, an account may also be subject to the risk of the failure of any of the exchanges on which an option or futures contract trades or of the related clearinghouses. Because the performance of forward contracts on currencies is not guaranteed by an exchange or clearinghouse, forward trading may be subject to the risk of the inability or refusal to perform with respect to such contracts on the part of the principal or agents through which the Trading Advisor may trade.
Counterparty Risks. Where a Synthetic ETF invests in derivatives to replicate the index performance, investors are exposed to the credit risk of the counterparties who issued the derivatives, in addition to the risks relating to the index. Further, potential contagion and concentration risks of the derivatives issuers should be taken into account (e.g. since derivative issuers are predominantly international financial institutions, the failure of one derivative counterparty of a Synthetic ETF may have a “knock on” effect on other derivative counterparties of the Synthetic ETF). Some Synthetic ETFs have collateral to reduce the counterparty risk, but there may be a risk that the market value of the collateral has fallen substantially when the Synthetic ETF seeks to realize the collateral.
