18. Schedule 1 (Foreign Exchange and
Commodities Transactions)18.1
IntroductionThe
following terms will apply to you, and you agree to be bound by them, each time you
place
an Order with Hija Global Market. to deal in a Foreign Exchange Transaction
(as defined in clause 2).
In this Schedule a reference to Hija Global Market. is a
reference to Hija Global Market.
Clause 14 of the terms applies to this Schedule. 18.2
InterpretationIn this Schedule, the following terms have the
following meanings:
Authorized Person means a person authorized
pursuant to clause 5 to bind you under these terms.
Bought Currency
means the currency to be received by you in exchange for the currency to be
provided by you under a Position and in the case of an Option the currency to be received by
you if it is exercised (and the amount of that currency may be nil).
Bought
Option means an Option purchased by you pursuant to these
terms.
Call Option means an option which gives its buyer the right,
exercisable at any time until Expiry Date, but not the obligation, to require the seller of
the Option to enter into with the buyer, a Position whereby the seller agrees to exchange a
given amount of the Bought Currency for an amount of the Sold Currency, at the Strike Price
of that option, for delivery on the Value Date of that Position.
Deal
has the meaning given in the Financial Products Law.
Excess Variation
Margin means the amount of your Variation Margin plus your Unrealised Profits
minus your Unrealised Losses at that time.
Expiry Date means, in
relation to each Option, is the last day upon which the Option may be
exercised.
Foreign Exchange Transaction means a Transaction in respect
of Foreign Exchange.
Hedge Contract means a contract between Hija
Global Market. and a Hedge Counterparty on the same, or substantially similar, terms as the
Foreign Exchange Transaction (including if one or more Foreign
Exchange Transactions
from you and other clients which in aggregate correspond with the Hedge
Contract).
Hedge Counterparty means a Market Participant with whom
Hija Global Market. enters into a Hedge Contract to hedge Hija Global Market. exposure to a
Foreign Exchange Transaction.
Market Rate means the rate of exchange
which Hija Global Market. is quoted by a bank dealing in the interbank Foreign Exchange
market.
Option means a Call Option or Put Option bought or sold
pursuant to these terms.
Position means a margin Foreign Exchange
Transaction entered into by you pursuant to these terms under which the parties agree to
exchange an agreed amount of one currency for an agreed amount of another currency for
settlement on the Value Date (and, for the avoidance of doubt, either agreed amount may be
nil).
Premium is the price of an Option as notified by Hija Global
Market.
Put Option means an option which gives its buyer the right
exercisable at any time until Expiry Date, but not the obligation, to require the seller of
the Option to enter into with the buyer, a Position whereby the seller agrees to exchange a
given amount of the Sold Currency for an amount of the Bought Currency at the Strike Price
of that option, for delivery on the Value Date of that Position.
Sold Currency
means in the case of a Position, the currency to be provided by you in exchange for
the currency to be received by you, and in the case of an Option, the currency to be
provided by you if it is exercised (the amount of that currency may be
nil).
Sold Option means an Option sold by you pursuant to these
terms.
Spot Date means the date on which a Position entered into for
spot delivery falls due for settlement in accordance with prevailing conventions in the
interbank market.
Strike Price means the rate of exchange at which an
Option may be exercised.
Trade Date means the agreed date you place an
order with Hija Global Market. for an FX Physical Delivery
Transaction.
Unusual Volatility means, in respect of a Position
or Option, such fluctuation in inter-day rates and intra-day rates as Hija Global Market.
determines from time to time in its absolute discretion is unusual for the purposes of these
terms.
Value Date means the date agreed at the time the relevant deal
is entered into, to be the date of settlement of that deal (specified in the deal
confirmation) and in the case of a Position created on exercise of an Option, two Business
Days after the Option is exercised or such other date agreed at that
time.
Variation Margin means an amount deposited by you with Hija
Global Market. including any increase or reduction on settlement of a Closed Out Position or
Option.
18.3
AcknowledgementsIn these terms you acknowledge the
following in
favor of Hija Global Market.
a) A Foreign Exchange Transaction is
cash settled with no physical exchange of the Underlying Security.
b) There is no
definitive term attached to a Foreign Exchange Transaction, such a contract will continue
until the Closing Date.
c) Anything Hija Global Market. is permitted to do in
accordance with this Schedule may be done in its absolute discretion, and any opinion or
view required to be formed by Hija Global Market. may be formed in its absolute
discretion.
d) A Position or Option may be Closed Out without a physical exchange of
the Bought Currency for the Sold Currency and references in the definition of Position to an
exchange of currency and settlement and in the definitions of Bought Currency and Sold
Currency to amounts to be received by you or provided by you under a Position will be
construed as if that Position were to be unwound by delivery.
e) Notwithstanding it has
an agreed Value Date, each Position continues indefinitely until it is unwound by delivery
or by being Closed Out and references in the definitions of Position and Value Date to
settlement will be construed as if that Position were to be unwound by delivery.
18.4
Entering into Positions and Optionsa) On any Trading Day you may
request Hija Global Market. by telephone or otherwise to quote:
1) the rate at which
you may enter a Position and the Initial Margin required by nominating the amount;
or
2) the Premium at which you may sell or buy an Option and (if applicable) the
Initial Margin then required by nominating whether you wish to buy or sell, whether a Put
Option or a Call Option is required, the amount and currency of either the Bought or the
Sold Currency, the currency against which it is to be exchanged, the Strike Price and the
Expiry Date.
b) Immediately upon receiving the quote, you may by telephone or otherwise
instruct Hija Global Market. to arrange the entry into by you of a Position or Option
equivalent to that for which the quote was sought. Receipt by Hija Global Market. of your
instruction will constitute an offer by you to Hija Global Market. to enter into such a
Position or Option.
c) Hija Global Market. is under no obligation to accept your offer
to enter into a Position or Option, and without limitation, is not obliged to accept your
offer to enter into a Position or Option:
1) if you have exceeded or would exceed a
limit applying to you as notified by Hija Global Market. or
2) until Hija Global
Market.has received the Initial Margin and the Premium required in respect of that Position
or Option, in cleared funds.
d) The Initial Margin required in respect of a Position or
Sold Option or the Premium required in respect of a Bought Option (if not already received
from you by Hija Global Market.) will be payable when Hija Global Market. accepts your offer
to enter into a Position or buy or sell an Option.
(e) If Hija Global Market. accepts
your offer to enter into a Position or Option, Hija Global Market. will issue to you a
written confirmation of that Position or Option promptly after it has been entered into, in
the form of a deal confirmation, but failure by Hija Global Market. to issue a confirmation
will not prejudice or affect that Position or Option. Hija Global Market. will not have any
liability as a result of a failure to issue a deal confirmation. If Hija Global
Market.
decides not to accept your offer to enter 18.5 into a Position or
Option, Hija Global Market.will advise
you make that decision as soon as is
practicable.
f) You undertake to examine the terms of each Confirmation immediately
upon receipt and unless within 48 hours of issue of a written confirmation you notified Hija
Global Market. of any disputed detail in the confirmation, you agree that the contents of
the confirmation, in the absence of manifest error, will be conclusive evidence of the
executed deal. Upon receipt within those 48 hours of written notice as to a disputed detail,
Hija Global Market.
will investigate the matters disputed and you will co-operate with
Hija Global Market. in good faith to resolve the dispute. You must, notwithstanding any such
dispute, continue to satisfy your obligation to pay Margin calls made by Hija Global Market.
in respect of that Position or Option as if the details contained in the confirmation were
correct and not the subject of dispute.
g) Hija Global Market. may, in its absolute
discretion, limit the value of Positions or Options you may have outstanding under these
terms:
1) beyond which if you decide to enter into any further Positions or Options,
you must seek and obtain credit approval from Hija Global Market. and
2) beyond which
you may not enter into any further Positions or Options.
h) Hija Global Market. may
vary this limit at any time by notice to you.
i) You may exercise an Option by notice
to Hija Global Market. between the hours of 8:30 a.m. and 5:00 p.m. (Comoros time ) on any
Business Day until the Expiry Date for the Option. The exercise of an Option, subject to
these terms, creates the rights and obligations that constitute a Position.
j) Hija
Global Market. is under no obligation to accept the exercise of a Bought Option until Hija
Global Market. has received the Premium and brokerage required in respect of the Option in
cleared funds. If Hija Global Market. exercises a Sold Option, it will credit the Premium to
your Account.
k) You undertake to advise Hija Global Market. of your intention to take
delivery of the Bought Currency at the time you offer to enter into a Position or exercise
an Option and you agree that if you fail to advise of such intention, Hija Global Market.
may, in its absolute discretion, allow you to unwind that Position or Option on terms
acceptable to Hija Global Market.. Any notice to take delivery is
irrevocable.
Interest charges on positions remaining open after value
datea) Hija Global Market. is entitled to interest which will accrue on a
daily basis and be payable daily by you in respect of a borrowing by you of the Sold
Currency under a Position.
b) You are entitled to interest which will accrue on a daily
basis and be payable daily by Hija Global Market. in respect of a borrowing by Hija Global
Market. from you of the Bought Currency under a Position, from the Value Date of the
Position until the date that the Position is unwound by delivery or by being Closed Out at
Hija Global Market. prevailing rates of interest.
c) Interest payments will be settled
by Hija Global Market. on each day by debiting or crediting your Account with the daily
interest rate differential between the amount of interest payable by you under the Position
and the amount of interest payable by Hija Global Market. to you under the Position. In the
event that there is insufficient Excess Variation Margin in your Account, you acknowledge
that any amount due under this Schedule is a debt due and owing by you to Hija Global
Market.
d) In debiting or crediting interest to your Account, Hija Global Market. may
charge or pay you interest at a rate different to the interest rate which Hija Global
Market. is charged or paid on equivalent borrowings of foreign currency by a bank and may
retain the difference.
e) The rates of interest applicable under this Schedule may be
as agreed between you and Hija Global Market. from time to time and, in the absence of such
agreement, will be a rate determined by Hija Global Market. in its absolute
discretion.
18.6
Delivery of Positionsa) If you have specified
that delivery is required in a notice accepted by Hija Global Market. you must pay to Hija
Global Market. On the Value Date the amount of the Sold Currency under the Position in
cleared funds and following receipt by Hija Global Market. of the Sold Currency, Hija Global
Market. will credit your Account the Bought Currency under the Position.
18.7
Close Out of Positions and Optionsa) Unless you have previously given
a notice which has been accepted by Hija Global Market., you may at any time give Hija
Global Market. notice of your request to have all or any of its Positions or Options Closed
Out. Following receipt of such a notice
18.8 Hija Global Market. may at a time
it chooses in its absolute discretion, enter into a matching and opposite Position or Option
on your behalf. Without limiting its discretion Hija Global Market. acknowledges that this
may occur as soon as practicable after the later of:
1) receipt from you of such
notice; and
2) any time and date specified in such notice at which you request the
Close Out to occur, Hija Global Market. will use its best endeavors to achieve such
Close Out at the Market Rate for delivery on the later of the Value Date of the original
Position and the Spot Date in respect of the matching Position.
b) The difference (if
any) between the amount of the Bought Currency under the matching Position and the amount of
the Sold Currency under the original Position or, in respect of an Option the difference
between the Premium paid by you for the original or matching Option and the Premium received
by you for the matching or original Option respectively, if positive, will be a “Realized
Profit” and, if negative, will be a “Realized Loss”.
c) The Closing Out of a Position
or Option in accordance with this Schedule will constitute a complete discharge of all
obligations of Hija Global Market. and you will give or take delivery of any currency
under that Position or Option and has the effect of immediately canceling the Position or
Option so that the only obligations that continue in respect of the Position or Option are
those provided for under this Schedule.
d) You acknowledge that if you give Hija
Global Market. standing instructions to enter into a Position or Option when a particular
price level is reached in the Foreign Exchange market the price at which the Position or
Option is entered into might not be that exact price.
Settlement of Closed Out
Positions and Option(a) When a Position or Option is Closed Out in
accordance with this Schedule which:
1) results in a Realized Profit, Fusion Markets
will credit your Account the Realized Profit; or
2) results in a Realized Loss, you
must pay to Hija Global Market. the Realized Loss in such currency as Hija Global
Market.may require in cleared funds within 24 hours of being advised of the amount so
payable.
b) If there is then sufficient Excess Variation Margin any amount owing by you
under this Schedule may be settled in whole or in part by debiting your Account with Hija
Global Market.
c) If you have requested payment of any money owed to you under this
Schedule,Hija Global Market. will (at its discretion) deduct that money from your Account
and pay it to you by cheque or in such other manner as may be agreed between Hija
Global Market. and you.
d)Hija Global Market. may set off any money owed to you under
this Schedule against any money owed by you in respect of a Foreign Exchange Transaction. If
such a set-off is made, references in this Schedule to Realized Profit and Realized Loss
will be read as including the net amount of Realized Profit or Realized Loss (as the case
may be) remaining after the set-off.
18.9
Revaluations Hija
Global Market. may at any time, by reference to the Market Rate, revalue all Positions and
Options. Such revaluation will be effected in the following manner:
a) for the purpose
of this Schedule:
1) an Option created by the sale by you to Hija Global Market.
of a Call Option (“Sold Option”) will be treated as a Position under which the amount and
denomination of the currency specified in the Call Option will be regarded as that amount of
currency sold at the Strike Price of the Call Option;
2) an Option created by the sale
by you to Hija Global Market. of a Put Option (“Sold Option”) will be treated as a
Position under which the amount and denomination of the currency specified in the Put Option
will be regarded as that amount of currency bought at the Strike Price of the Put Option;
and (iii) any other Option will be referred to as a “Bought Option”;
b) in order to
carry out a revaluation under this Schedule, Hija Global Market. will
ascertain:
1) in relation to each Position or Sold Option, the amount of the Sold
Currency which could be purchased with the amount of the Bought Currency at the prevailing
Market Rate; or
2) in relation to each Bought Option, the rate at which Hija
Global Market. would repurchase the Option;
c) if the amount calculated in accordance
with sub- clause 9(b):
1) is greater than the amount of the Sold Currency under
the Position or Sold Option or greater than the original Premium paid for a Bought Option,
then the difference will represent an Unrealised Profit; and
2) is less than the amount
of the Sold Currency under the Position or Sold Option or less than the original Premium
paid for a Bought Option, then the difference represents an Unrealised Loss; and
d) the
sum of each Unrealised Profit will be the “Unrealised Profits” and the sum of each
Unrealised Loss will be the “Unrealised Losses”.
18.10
Foreign Exchange
Physical Delivery Termsa) These FX Physical Delivery Terms apply to
Foreign Exchange Transactions for physical delivery (FX Physical Delivery Transactions) and
must be read and construed together with the remainder of this Schedule.
b) Some terms
are defined in these FX Physical Delivery Terms. Any term not defined in these FX Physical
Delivery Terms has the same meaning as contained in this Schedule.
c)Hija Global
Market. enters into an FX Physical Delivery Transaction as principal with you.
d) You
must, at the time of placing an order with Hija Global Market. specify that physical
delivery of the Bought Currency is required. IfHija Global Market. agrees to settlement by
physical delivery, the agreed Foreign Exchange Transaction will be an FX Physical Delivery
Transaction on these FX Physical Delivery Terms. It is unnecessary to identify the Foreign
Exchange Transaction for this purpose formally or precisely in any particular way.
e)
The exchange rate and the time for physical delivery of the Bought Currency must be agreed
between you and Hija Global Market. The exchange rate and the time for physical
delivery of the Bought Currency described in this Schedule will be stated in a Confirmation
sent to the Client.
f) A reference in these FX Physical Delivery Terms to physical
delivery is a reference to settlement by payment of the required amount of Bought Currency
into a bank account as agreed by you and Hija Global Market.The bank account for
settlement will be the nominated trust account of Hija Global Market.unless otherwise
agreed by you and Hija Global Market.
g) Unless otherwise advised by Hija
Global Market. you must make all of its payments (Client Moneys Trust Account Moneys) for FX
Physical Delivery Transactions, including any payment for Margin, into the nominated trust
account of Hija Global Market.
h) Unless otherwise advised by Hija Global
Market. the payments to be made by you as described in clause 10(g) must be made on or
before the Trade Date.
i) IfHija Global Market. does not require full payment on the
Trade Date, Hija Global Market trade .may require one or more payments for Margin. The
time and the amount of each Margin payment is at the discretion of Hija Global Market.
provided the total of all required Margin payments does not exceed the amount of Sold
Currency which was agreed to be paid for the Bought Currency. It is confirmed that the
Client Moneys Trust Account Moneys paid by you as Margin are beneficially held for you and
may be dealt with in the same manner as Client Moneys Trust Account Moneys which were
payment in full for a FX Physical Delivery Transaction.
j)Hija Global Market. will not
withdraw Client Moneys Trust Account Moneys unless one or more of the following
applies:
1) the withdrawal is to pay costs, fees or other charges in respect of the FX
Physical Delivery Transaction;
2) it has complied with its obligation to ensure
physical delivery of the Bought Currency; or
3) it has notified (orally or in writing)
you of the intended withdrawal prior to doing so and it may only apply that withdrawal as
payment by you to Hija Global Market. (wholly or partly) for the FX Physical Delivery
Transaction and Hija Global Market. will only do that in order to satisfy (wholly or
partly, as the case may be) its payment obligations under a Hedge Contract with the
corresponding Hedge Counterparty.
k) Each FX Physical Delivery Transaction is subject
to the condition subsequent of settlement actually occurring. Despite agreeing to a Foreign
Exchange Transaction,Hija Global Market. will not be liable in any way if settlement does
not occur (regardless of the reason) other than to pay you or as you direct = the Sold
Currency (without any adjustment for the failure to settle).
19. Schedule
2 (Contracts for Difference) 19.1
IntroductionThe
following terms will apply to you, and you agree to be bound by them, each time you place an
Order with Hija Global Market.to deal in a Contract for Difference (as defined in
clause 2 of this Schedule).
In this Schedule a reference to Hija Global Market.
Clause 14 of the Terms applies to this Schedule. 19.2
InterpretationIn this clause, the following terms have the following
meanings: Adjustment Event means, any event in respect of which Hija Global Market.
considers in its absolute discretion an adjustment to the terms of a CFD is appropriate
including, for example:
a) if the Reference Asset is a share, debenture, unit or other
security (or depositary receipt of any kind in respect of any of them) – a bonus issue for
combination of rights issued, rights issue, stock split, share or other capital
consolidation, security reclassification or sub-division return of capital, buy back,
special dividend (however legal constituted), in specie distribution, takeover, scheme of
arrangement or similar event or other corporate action event in respect of the security,
whether or not the event triggers an adjustment to any Exchange traded derivative of
it,
b) a distribution to existing holders of additional shares or other securities or
other Financial Products granting them the right to receive dividends or other proceeds
equally and proportionately with payments made to holders of the underlying securities; or
securities, rights or warrants granting the right to a distribution of shares or to
purchase, subscribe, or receive shares, in any case for payment (in money cash or money’s
worth) at less than the prevailing market price per share as determined by Hija Global
Market.
c) an event that has a dilutive or concentrative effect on the market value of
the shares;
d) if the Reference Asset is an index, a substantial adjustment to the
composition of the index outside its own terms allowing for adjustments or weightings; a
failure to publish the index or a suspension or cancellation of the index; and
e) if
the Reference Asset is a Derivative which is able to be traded on a Financial Market – any
event
in respect of which the operator of the Financial Market makes an adjustment to
the terms of the Derivative.
CFD means a contract for one Contract for
Difference.
CFD Transaction means a Transaction in respect of one or
more CFDs.
Close of Business means the normal time of close of trading
of the relevant Exchange.
Close Out, in relation to a CFD Transaction,
means discharging or satisfying your obligations to Hija Global Market. under the CFD
Transaction and this includes:
a) by delivering the amount or value of the Underlying
Security (including a dollar multiple of an index) required in accordance with the terms of
the CFD Transaction; or
b) as a result of the matching up of the CFD Transaction with a
CFD Transaction of the same kind under which you have assumed an offsetting opposite
position;
c) making adjustments for fees and charges.
Closing Date
means the date on which the CFD Transaction is agreed to be Closed Out, or earlier,
if actually or deemed to be Closed Out in accordance with the Terms or the Underlying
Security expires according to its terms or the Rules governing its contract
specifications.
Closing Price means the price of the CFD at the
Closing Date.
Closing Value means the value determined by multiplying
the number of CFDs by the value or level of the CFD’s Underlying Security at the Closing
Date.
Contract for Difference means a Financial Product, being a
Derivative which derives its value from one or more Reference Assets and which Hija
Global Market. has notified you constitutes a “Contract for Difference” for the purposes of
this Schedule. Notification can be by way of PDS, email, posting toHija Global Market.
website, the On-line Service, Account statement or in any other way.
Contract
Value means the face value of the CFD, and is calculated byHija Global Market.
by multiplying the price (or, if an index, the level) of the relevant Underlying Security by
the number of securities (or, if an index, multiplier) specified in the
CFD.
Hedge Contract means a contract between Hija Global
Market. and a Hedge Counterparty on the same, or substantially similar, terms as the CFD
(including if one or more CFDs from you and other clients which in aggregate correspond with
the Hedge Contract).
Hedge Counterparty means a Market Participant
with whom Hija Global Market. enters into a Hedge Contract to hedge Hija Global
Market. exposure to a CFD. Hija Global Market. will from time to time on its website
provide details of the Hedge Counterparty.
Reference Asset means an
Underlying Security, as determined byHija Global Market. and, in the case of a CFD
Transaction, the Underlying Security specified in the Confirmation. The Reference Asset can
refer to an index, in which cases, references in these terms will be applied with such
changes as necessary to reflect an index instead of a Financial
Product.
Underlying Futures Contract means a Futures Contract which is
the Underlying Security for a CFD.
19.3
AcknowledgementsIn these
terms you acknowledge the following in
agree to and acknowledge that a price quotation
pursuant to this request does not constitute an offer to enter into a new or close an
existing CFD.
b) Upon receiving the quote from Hija Global Market. you may offer
to enter into a CFD with Hija Global Market. at the price quoted by Hija Global
Market.
c)Hija Global Market. is not obliged to accept your offer to enter into a CFD
and, without limitation, is not obliged to accept your offer to enter into a CFD:
1) if
you have exceeded or would exceed a pre- determined limit imposed on you under clause 4.2(g)
below; or 2i) until Hija Global Market. has received from you the Initial Margin
required in the form of cleared funds to enter into the respective CFD.
d) The Initial
Margin required to enter into a CFD, if not already received from you, will be payable
to Hija Global Market. upon acceptance by Hija Global Market. of your offer to
enter into the CFD.
e) IfHija Global Market. accepts your offer to enter into a
CFD, Hija Global Market. will issue to you an electronic Confirmation of the CFD
entered into shortly after it has been entered into. Failure by Hija Global Market. to
issue a Confirmation will not prejudice or affect the relevant CFD. Hija Global Market.
will not bear any liability whatsoever resulting from the failure to issue a Confirmation.
will promptly advise you if Hija Global Market. decides not to accept your offer to
enter into a CFD.
f) You agree to examine the terms of each Confirmation immediately
upon receipt and you agree that the contents of the Confirmation, in the absence of manifest
error, will be conclusive evidence of the executed deal, unless within three (3) Business
Days of issue of a written Confirmation you notify Hija Global Market. of any disputed
detail in the Confirmation received by you. Upon receipt of written notice within the three
(3) Business Day period of a disputed Transaction, Hija Global Market. will investigate
the dispute and in co-operation with you must endeavor to resolve the dispute in good faith.
Notwithstanding any such dispute, you must continue to satisfy your obligations to maintain
Margin cover and to pay Margin calls made by Hija Global Market. in respect of the CFD
as if the Confirmation was correct and the details contained in the Confirmation were not
the subject of dispute.
g) In its absolute discretion, Hija Global Market.reserves
the right to limit the value of CFDs you may have outstanding under these terms. If you wish
to enter into any further CFDs, you must seek
19.4
favor ofHija Global
Market.
a) CFD Transactions are cash settled with no physical exchange of the
Underlying Security;
b) there is no definitive time to the life of a CFD, so such a
contract will continue until the Closing Date (including when the Closing Date occurs by
reason of the Underling Security expiring.
Opening and closing CFD
TransactionsAll CFD Transactions are entered into between you
and Hija Global Market. as principal. The acquisition of a CFD involves entering
into, or opening, a CFD. The disposal of a CFD requires Closing Out an open
CFD.
Hija Global Market. will from time to time state the prices or values at
which it may enter into a CFD Transaction with you, either to open or to Close Out a CFD. If
you wish to enter into a CFD Transaction you may submit an Order to Hija Global
Market.(including by On-Line Service).Hija Global Market. is not bound to enter into
any CFD Transaction with you and reserves the right to state another price or value at which
it may deal with you.
a) You may request on any given Trading Day Hija Global
Market. to quote a price at which Hija Global Market. may be prepared to enter
into a CFD. You
19.5
and obtain approval from , beyond which you may not
enter into any further CFDs whatsoever.
h) Hija Global Market. may vary the limit
imposed at any time in its absolute discretion.
If Hija Global Market. enters into a
CFD Transaction with you for the acquisition of one or more CFDs:
a) Hija Global
Market. will give you a Confirmation in respect of the CFD Transaction setting out, among
other things, the number of CFDs acquired and the amount or amounts which you are required
to pay, or are entitled to receive, in connection with the acquisition of the CFD;
and
b) you or Hija Global Market. (as applicable), must pay the relevant amount
referred to in paragraph (a) by the time specified in the Confirmation.
If Hija Global
Market. enters into a CFD Transaction with you for the disposal of one or more CFDs (by way
of Closing Out that contract):
a) Hija Global Market. will give you a Confirmation in
respect of the CFD Transaction setting out, among other things, the number of CFDs disposed
of and the amount or amounts which you are required to pay, or are entitled to receive, in
connection with the disposal of the CFD; and
b) you or Hija Global Market. (as
applicable) must pay the relevant amount referred to in paragraph (a) by the time specified
in the Confirmation, subject to clause 15.3 of this Schedule.
Any CFD Transaction is
subject to the condition subsequent that Hija Global Market. is able to acquire the relevant
Reference Asset or Hedge Contract as contemplated by clause 15.1. If Hija Global Market.
determines that it is not able to satisfy the relevant condition on terms acceptable to Hija
Global Market. may terminate the CFD, in which case neither you nor Hija Global Market. will
have any liability in respect of that CFD except to the extent Hija Global Market. has a
liability to you expressly stated in these terms or by Applicable Law14.
All
communications, notices, offers, statements and Orders for CFDs must be made by an On-line
Service unless Hija Global Market. expressly agrees that they may be made by telephone
or otherwise.
Settlement of Differencea) After Close of Business
on each Business Day over the term of an open CFD, Hija Global Market. will determine at
Close of Business the Contract Value of the CFD.
19.6
b) If the Contract Value
determined by Hija Global Market. in accordance with clause 5(a) above is higher than the
Contract Value determined by Hija Global Market. in respect of the previous Close of
Business, then the Short Party must pay to the Long Party the difference.
c) If the
Contract Value is determined by Hija Global Market. In accordance with clause 5(a)
above is lower than the Contract Value determined by Hija Global Market. in respect of the
previous Close of Business, then the Long Party must pay to the Short Party the
difference.
d) In order to determine in accordance with clause 5(b) or 5(c) the
Contract Value at Close of Business on the Trading Day on which the CFD is entered into, the
Contract Value will be determined by Hija Global Market. using the Underlying Security Price
at which Hija Global Market. and you agreed to enter into the CFD.
e) If Hija Global
Market. determines that the Contract Value of a CFD at Close of Business cannot be
determined in accordance with clause 5(a) above for any reason, the Contract Value at Close
of Business will be the value determined by Hija Global Market.in its sole
discretion.
f) Without limiting clause 5(e), if at any time trading on an Exchange is
suspended or halted in any Underlying Security, Hija Global Market. will, when determining
the Contract Value, at its discretion consider (but is not limited to) the last traded price
before the trading suspension or halt.
Dividend Payment and
Receipta) If you are the Long Party to a CFD, and the issuer of the
Reference Asset makes a cash distribution in respect of the Reference Asset (for example, a
dividend in respect of a Reference Asset which is a security), Hija Global Market. will
credit to your Account in respect of the CFD an equivalent amount (less any Taxes and costs)
within a reasonable period following the date the cash distribution is paid in respect of
the Reference Asset corresponding with your CFD being the amount that will be equal to the
cash dividend payable to the holder of the Underlying Security multiplied by the quantity on
the first Business Day following the ex-dividend date for the Underlying Security. Hija
Global Market. is not obliged to pay to you any amount under this clause (a) unless and
until it receives that amount as the owner of the Reference Asset or an equivalent amount
under the Hedge Contract acquired in respect of the CFD. Hija Global Market. is not
liable to pay to you any amount in excess of the amount (less any Taxes and costs)
which itself receives
19.7
either as the owner of the Reference Asset or
pursuant to a Hedge Contract acquired in respect of the CFD.
b) If you are the
Short Party to a CFD, GRACEXFX.LTD will debit your (relevant) Account with an amount that
will be equal to the cash dividend plus any imputation or franking credits payable to the
holder of the Underlying Security multiplied by the quantity on the first Business Day
following the ex-dividend date for the Underlying Security.
Closing out a CFD
a)
At any time you may give GRACEXFX.LTD notice of your intention to close any CFD (whether in
whole or part) by specifying the Underlying Security and the quantity of CFDs that you wish
to close.
b) Upon receipt of notice of intent to close a CFD, GRACEXFX.LTD will use
reasonable endeavors to provide a quote for the Closing Price and notify you of that quote
(by telephone or otherwise). It is your obligation to notify GRACEXFX.LTD as soon as
possible as to whether you are willing to accept the Closing Price quote. If you accept the
Closing Price quoted by GRACEXFX.LTD, the CFD, or relevant portion of the CFD, will be
closed on the Closing Date by issuing you with a CFD which is equal but opposite to the open
CFD, or relevant portion of the CFD, to be closed.
c) If the Underlying Security for
the CFD is on terms that provide for its redemption, exchange or termination and you do not
give notice to GRACEXFX.LTD of your intention to Close out the CFD or to roll it over on
terms and by the time acceptable to GRACEXFX.LTD (whether or not you have any prior notice
of that), you will be deemed to have given notice to GRACEXFX.LTD to Close Out that CFD at
the Closing Price reasonably determined by GRACEXFX.LTD. In this case, GRACEXFX.LTD will
Close Out the CFD as at the time determined by it.
d) At the Close of Business on the
Closing Date, if there is a difference between the Closing Value and the Contract Value of
the CFD (or portion of it closed under clause 7(b)) it must be accounted for in the
following way:
- If the Closing Value is greater than the Contract Value, the
Short Party must pay to the Long Party the difference; and
- If the Closing Value is less than the Contract Value, the Long
Party must pay the Short Party the difference.
- e) If the issuer whose security represents the Underlying
Security on which all or part of a CFD is based becomes externally administered in
accordance with the meaning in the Financial Products Law (or equivalent
legislation), the CFD will be taken to have been Closed at that time. The Closing
Price of the CFD will be determined by GRACEXFX.LTD who may consider a number of
factors it deems appropriate including, for example, the last traded price of the
Underlying Security.
- f) If the Underlying Security on which the CFD is based ceases
to be listed for quotation on an Exchange, or is suspended from quotation for 5
consecutive Business Days, GRACEXFX.LTD may, in its absolute discretion, without
limiting clause 7(g) elect to terminate the relevant CFD. If GRACEXFX.LTD elects to
do so then:
- the Closing Date will be deemed to be the date which
GRACEXFX.LTD determines (Early Closing Date); and
- you will be treated as having given notice under clause 7(a) on
the Early Closing Date.
- g) If GRACEXFX.LTD determines that the Closing Value of a CFD
cannot be calculated on or with effect on the Closing Date for any reason, the
Closing Value will be the value determined by GRACEXFX.LTD in its sole discretion.
- h) Without limiting clause 7(g), if at any time trading in the
Underlying Security on an Exchange is suspended or halted at any time, GRACEXFX.LTD
will, in its absolute discretion in determining the Closing Value of a CFD, have
regard to (but is not limited by) the last traded price before the suspension or
halt.
- i) All calculations made by GRACEXFX.LTD in accordance with
these terms in the absence of any manifest error will be binding on you.
- Settlement of Positions
- a) Payments to be made to you with respect to any CFD must be
made in accordance with this clause 8.
- b) If a CFD is Closed Out in accordance with clause 7 above, or
settlement for difference being made in accordance with clause 5 above:
- GRACEXFX.LTD will credit to your (relevant) Account any amount
payable by GRACEXFX.LTD to you; or
- subject to clause 8(c) below you must pay to GRACEXFX.LTD any
amount payable by you to GRACEXFX.LTD in cleared funds in any such currency that
GRACEXFX.LTD may require immediately upon the payment request being made.
- c) If there is any free equity in your Account, any amount
owing by you in accordance with clause 8(b) above will be settled in whole or in
part by debiting your Account with GRACEXFX.LTD.
- d) If you request payment of any money owed to you under this
clause 8, GRACEXFX.LTD will deduct the amount of the requested payment from your
Account and pay you, electronically, by cheque or in any other manner as agreed.
Money owed to you that has not been the subject of any payment request by you will
remain in your Account.
- e) GRACEXFX.LTD may offset any money owed to you under these
terms or any other agreement against any money owed by you under these terms or any
other agreement.
- Adjustment Events
- a) If the Underlying Security on which a CFD is quoted is
subject to an Adjustment Event or possible Adjustment Event, GRACEXFX.LTD will
determine the adjustment, if any, that will be made to the Contract Value of that
Underlying Security, the related quantity (or both) that would have placed the
parties in substantially the same economic position they would have been in had the
event not occurred. GRACEXFX.LTD will notify you as soon as practicable of the
adjustment. In the absence of any manifest error any adjustment determined will be
deemed to be conclusive and binding on you.
- b) GRACEXFX.LTD may give you an opportunity to elect to
participate in an adjustment to the CFD which corresponds with the Adjustment Event,
but GRACEXFX.LTD is not obliged to give you that opportunity, or give reasonable
notice of it or make its terms correspond exactly with the Adjustment Event, nor is
GRACEXFX.LTD obliged to accept in part or at all any election you make to
participate. Any adjustment will take effect at the time determined by GRACEXFX.LTD.
- c) If the Underlying Security is subject to a take-over offer
or similar event, GRACEXFX.LTD may at any time prior to the closing date of the
offer provide you notice of GRACEXFX.LTD’s intention to Close the CFD, in accordance
with clause 7, with the Closing Price being the price notified to you by
GRACEXFX.LTD.
- d) If at any time an Adjustment Event occurs and it is not
reasonably practicable as determined by GRACEXFX.LTD in its absolute discretion to
make an adjustment in accordance with clause 9(a) above, then without limiting 9(a)
above, GRACEXFX.LTD may at any time after the Adjustment Event give you notice of
GRACEXFX.LTD’s intention to Close Out the CFD. If this occurs you will be taken to
have been provided with Closing Notice in accordance with clause 7 above, with the
Closing Price being the price notified to you by GRACEXFX.LTD.
- e) References to “offer”, “take-over” and “closing date” in
this clause 9(a) above will have the same meaning given to them in the Financial
Products Law 2001.