To: KO ' S BROTHER (SEC) CO. LTD.
               1A&B, 2C & 6A, Ko’s House,
               577 Nathan Road, Mongkok, Kowloon,
               Tel. No.: (852) 2332 5857
               Fax No.: (852) 2771 7522

 

Date:                       

Dear Sir:

 

Clients Agreement

 

I/We Acknowledge receipt of your firms clients Agreement printed in English which has been duly signed by me/us.

 

I/We have been informed that Rule 532 of the Rules of the stock Exchange require the Clients Agreement to be in both English and Chinese but I/We hereby expressly waive my/our rights to the Clients Agreement in Chinese.

 

 

 

 

Yours faithfully,

 

 

 

 

_________________________

[Client(s)]

 

 

 

 

 

CASH CLIENTS AGREEMENT IN PLAIN LANGUAGE

To:   KOS BROTHER SECURITIES COMPANY LIMITED
      6A, KOS HOUSE, 577 NATHAN ROAD,
      MONG KOK, KOWLOON

       

(registered with the Securities and Futures Commission (SFC) as a securities dealer [and any other registered status] and a member of The Stock Exchange of Hong Kong Limited (the Exchange).

I/We request you to operate a cash securities trading account (the Account) for me/us on the following terms and conditions:-

1      The Account

1.1  I/We confirm that the information provided in the Account Opening Information Form is complete and accurate. I/We will inform you of any changes to that information. You are authorised to conduct credit enquiries on me/us to verify the information provided.

1.2  You will keep information relating to my/our Account confidential, but may provide any such information to the Exchange and the SFC to comply with their requirements or requests for information.

2      Laws and rules

All transactions in securities which you effect on my/our instructions (Transactions) shall be effected in accordance with all laws, rules and regulatory directions applying to you. This includes the rules of the Exchange and of the Hong Kong Securities Clearing Company Limited (the Clearing House). All actions taken by you in accordance with such laws, rules and directions shall be binding on me/us.

3      Transactions

3.1  You will act as my/our agent in effecting Transactions unless you indicate (in the contract note for the relevant Transaction or otherwise) that you are acting as principal.

3.2  I/We will notify you when a sale order relates to securities which I/we do not own i.e. involves short selling.

3.3  On all Transactions, I/we will pay your commissions and charges, as notified to me/us, as well as applicable levies imposed by the Exchange, and all applicable stamp duties. You may deduct such commissions, charges, levies and duties from the Account.

3.4  Unless otherwise agreed, in respect of each Transaction, unless you are already holding cash or securities on my/our behalf to settle the Transaction, I/we will

            pay you cleared funds or deliver to you securities in deliverable form or

             otherwise ensure that you have received such funds or securities

by such time as you have notified me/us in relation to that Transaction. If I/we fail to do so, you may

            in the case of a purchase Transaction, sell the purchased securities and

        in the case of a sale Transaction, borrow and/or purchase securities in order to settle the Transaction.

3.5  I/We will be responsible to you for any losses and expenses resulting from my/our settlement failures.

3.6  I/We agree to pay interest on all overdue balances (including interest arising after a judgment debt is obtained against me/us) at such rates and on such other terms as you have notified me/us from time to time.

3.7  In the case of a purchase Transaction, if the selling broker fails to deliver on the settlement date and you have to purchase securities to settle the Transaction, I/we shall not be responsible to you for the costs of such purchase.

4      Safekeeping of securities

4.1  Any securities which are held by you for safekeeping may, at your discretion

        (in the case of registrable securities) be registered in my/our name or in the name of your nominee; or

be deposited in safe custody in a designated account with your bankers or with any other institution which provides facilities for the safe custody of documents. In the case of securities in Hong Kong, such institution shall be acceptable to the SFC as a provider of safe custody services.

4.2  Where securities are not registered in my/our name, any dividends or other benefits arising in respect of such securities shall, when received by you, be credited to my/our Account or paid or transferred to me/us, as agreed with you. Where the securities form part of a larger holding of identical securities held for your clients, I/we shall be entitled to the same share of the benefits arising on the holding as my/our share of the total holding.

4.3  You do not have my/our written authority under section 81(3) of the Securities Ordinance to:-

        deposit any of my/our securities with a banking institution as collateral for an advance or loan made to you, or with the Clearing House as collateral for the discharge of your obligations under the clearing system

borrow or lend any of my/our securities

otherwise part with possession (except to me/us or on my/our instructions) of any of my/our securities for any purpose.

5      Cash held for me/us

Any cash held for me/us, other than cash received by you in respect of Transactions and which is on-paid for settlement purposes or to me/us, shall be credited to a client trust account maintained with a licensed bank as required by applicable laws from time to time.

6    Risk Disclosure Statement

I/We acknowledge that he price of securities can and does fluctuate, and any individual security may experience upwards or downwards movements, and may even become valueless. There is an inherent risk that losses may be incurred rather than profit made as a result of buying and selling securities. I/We also acknowledge that there may be risks in leaving securities in your safekeeping. For example, if you are holding my/our securities and you become insolvent, I/we may experience significant delay in recovering the securities. These are risks that I/we are prepared to accept.

7      General

7.1  All securities held for my/our Account shall be subject to a general lien in your favour, for the performance of my/our obligations to you arising in respect of dealing in securities for me/us.

7.2  If you fail to meet your obligations to me/us pursuant to this Agreement, I/we shall have a right to claim under the Compensation Fund established under the Securities Ordinance, subject to the terms of the Compensation Fund from time to time.

7.3  You will notify me/us of material changes in respect of your business which may affect the services you provide to me/us.

7.4  I/We confirm that I/we have read and agree to the terms of this Agreement, which have been explained to me/us in a language that I/we understand.

7.5  This Agreement is governed by, and may be enforced in accordance with, the laws of the Special Administrative Region of Hong Kong.

 

 

 

 

SIGNED by [Name of Client]     )
                               )                                    __________________________   
in the presence of             )                                  Authorised Signature/Business 
Chop

 

 

 

[witness name
 address and
 occupation]                                                           _________________________
                                                                         [Witness Signature]
 
 
 
ACKNOWLEDGED AND       )
 ACCEPTED BY            )                                             ________________________ 
[Name of Broker]       )                                        Authorised Signature/Business Chop
 

Account Opening Information (Corporate)

for securities traded on both the Main Board and on GEM

 

 

Account No:

Date Opened:

 

 

Cash/Margin (Delete as appropriate)

 

Name of Account

English:

 

 

ç Specimen Authorised Signaturesè

 

Chinese:

 

Name:

Signature:

 

 

HK I. D. Card No/Passport No:

 

Address:

 

 

 

Name:

Signature:

 

HK I. D. Card No/Passport No:

 

 

Tel No:

 

 

Correspondence Address:

Name:

Signature:

 

HK I. D. Card No/Passport No:

 

Nature of Business:

 

 

Specimen of Business Chop/Seal:

Certificate of Incorporation No. and

 

Country of Incorporation:

 

***For Official Use Only***

Note 1: The Account can be operated on the

Introduced by:

instructions of any two or more

Documentation checked by:

signatures/any one signature *(if

Approved by:

more than one authorized signature)

Name of Account Executive:

 

How long known to Account Executive:

Note 2: The attached general terms and

Bank and Credit references obtained: Yes/No

conditions to the operation of this

 

account must be completed and

*Delete if inapplicable

signed by the client

 

 

 

 

Ko's Brother (Sec) Co. Ltd.

Name of client (English) _______________________________

客 戶 姓 名 (Chinese) _______________________________

 

Name & Address of Employer : _______________________________________

僱主名稱及地址 ________________________________________

________________________________________

 

No. of Service Year 服務年期 : ____________________ Year(s)

 

Occupation / Position 職業及職位 : ___________________________

 

Annual Income 全年總收入  :  (  ) HKD 0 - 200,000         (  ) HKD 200,001 - 400,000
                          :  (  ) HKD 400,001 - 600,000   (  ) HKD 600,001 - 800,000
                          :  (  ) HKD 800,001 - 1,000,000 (  ) over HKD 1,000,000

 

D I S C L O S U R E O F I D E N T IT Y 相關身分披露

本人是否香港證券及期貨事務監察委員會的註冊人士,或任何註冊人士之董事或職員?

I am / am not *a registered person,or a director or an employee of any registered person of the Securities and Futures Commission in Hong Kong?

n No 不是                                                nYes                 

Name of the registered

person(s) 註冊人士名稱:_______________________________

 

本人有\否與貴公司任何一位職員董事有直接關係,如有

I am / am not * related to a member of your staff or to one of your director. If related

        Name 姓名                       Relationship 關係
   ______________________            ________________________
   ______________________            ________________________

 

Bank Reference(For Fund deposit only 只作入數之用)

 

Bank 銀行 : _________________________________________________

Account No. 戶口號碼 : __________________________________________

 

Investment History

Previous experience in trading in :                            Average trade size (HK$)                   
曾參與之買賣交易                                       平均交易額(遜)
 
 
(  ) Securities 股票   (  ) less than 1 yr  (  ) 1 - 3 yrs  (  ) 3 - 5 yrs  (  ) over 5 yrs  HKD _____________
 
(  ) Futures/Options   (  ) less than 1 yr  (  ) 1 - 3 yrs  (  ) 3 - 5 yrs  (  ) over 5 yrs  HKD _____________
    期指及期權
 
(  ) Foreign Exchange  (  ) less than 1 yr  (  ) 1 - 3 yrs  (  ) 3 - 5 yrs  (  ) over 5 yrs  HKD _____________
    外匯
(  ) Bullion 金銀貨幣 (  ) less than 1 yr  (  ) 1 - 3 yrs  (  ) 3 - 5 yrs  (  ) over 5 yrs  HKD _____________

Investment objectives :

(  ) Trading for profits 交易利益   (  ) Long tern capital appreciation 長期性利潤增值  
 (  ) Dividends/ interest income股息\利息收入  (  ) Hedging對沖
 
 
 
申請人茲鄭重聲明上列各項資料均屬準確無訛
 
The applicant hereby confirms the above information to be true.

 

Date 日期 : _________________         Signature簽署 : ____________________________

FOR OFFICIAL USE ONLY

Account No. : ____________________

Account Executive : _____________________

Trading limit approved : _____________________

Approved by : _____________________

 

 

 

 

 

 

 

 

 

 

 

 

RISK DISCLOSURE STATEMENT (GEM)

To: Kos Brother Securities Company Limited

Date:

 

1.     I/We acknowledge that the price of securities traded on GEM can and does fluctuate, and any individual security may experience upwards or downwards movements, and may even become valueless. There is an inherent risk that losses may be incurred rather than profit made as a result of buying and selling securities traded on GEM. I/We also acknowledge that there may be risks in leaving securities in your safekeeping. For example, if you are holding my/our securities and you become insolvent, I/we may experience significant delay in recovering the securities. These are risks that I/we am/are prepared to accept.

 

2.     I/We understand that GEM has been established as a market designed to accommodate companies to which a high investment risk may be attached. In particular, I/we understand that companies may list on GEM with neither a track record of profitability nor any obligation to forecast future profitability. I/We appreciate that there may be risks arising out of the emerging nature of companies listed on GEM and the business sectors or countries in which the companies operate.

 

3.     I/We am/are aware of the potential risks of investing in such companies and understand that I/we should make the decision to invest only after due and careful consideration. I/We understand the greater risk profile and other characteristics of GEM mean that it is a market more suited to professional and other sophisticated investors.

 

4.      Given the emerging nature of companies listed on GEM, I/we understand there is a risk that securities traded on GEM may be susceptible to higher market volatility compared to securities traded on the Main Board and no assurance is given that there will be a liquid market in the securities traded on GEM.

 

5.      I/We further understand that the principal means of information dissemination on GEM is publication on the internet website operated by the Exchange. Companies listed on GEM are not generally required to issue paid announcements in gazetted newspapers. Accordingly, I/we acknowledge that I/we need to have access to up-to-date information on GEM-listed companies as published on the GEM website.

 

6.     I/We acknowledge that this risk disclosure statement does not purport to disclose all the risks and other significant aspects of GEM. I/We understand that I/we should undertake my/our own research and study on the trading of securities on GEM before commencing any trading activities.

 

7.     I/We understand that I/we should seek independent professional advice if I/we am/are uncertain of or have not understood any aspect of this risk disclosure statement or the nature and risks involved in trading of securities on GEM.

 

8.     I/We understand that the signing of this risk disclosure statement is mandatory under the Rules of the Exchange. I/We understand that you will not be able to effect my/our instructions to deal in securities on GEM if this statement is not signed and acknowledged by me/us.

 

9.     This risk disclosure statement has been fully explained to me/us and I/we fully understand the contents hereof. I/We understand that you are required under the Rules of the Exchange to ensure that I/we am/are provided with a copy of this risk disclosure statement signed and dated by me/us and contains the declaration by my/our registered person.

 

For Individual Client(s) For Corporate Client

 

Name(s) of Client(s) :_______________________ Name of Company/institution :________________________________

 

 

Signature of client(s) : ______________________ Name of Directors(s) : ______________________________________

 

Clients Account No._______________________ Signature of Directors(s) : ___________________________________

 

Declaration by __________________________________

The undersign registered person

 

I, ________________________[name of registered person], have fully explained the contents of this risk disclosure statement to the above named client in a language which he/they understand(s).

 

 

 

 

____________________________

(Signed by registered person)

 

 

Date :