memorandum of deposit of securities (applicable ...i, the applicant hereby pledges all securities...

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I, the applicant hereby pledge all Securities (“Securities”), which shall have the meaning assigned to it under the Capital Markets and Services Act, 2007 (“CMSA”) and shall be securities traded on the Bursa Malaysia Securities Berhad (“Bursa Securities”) (or any Malaysian stock exchange designated by Bursa Securities), which are acceptable to AmInvestment Bank Berhad (Company No. 23742-V) (“you”) and which may be held from time to time, in my trading account(s) which have been fully paid and/or in any of my account(s) (including the securities account defined by the Security Industry (Central Depository) Act, 1991 (“SICDA”) held with you directly or through your nominees (hereinafter called “the Said Securities”), whether in book entry, electronic means or otherwise, on the following terms and conditions:- 1. I confirm that I am the legal and beneficial owner of the Said Securities and that I am entitled to pledge the Said Securities to you. 2. The Said Securities will be a continuing security to you for the general balance of my debts to you, which includes but is not limited to any moneys now and hereafter due under any of my account(s). 3. In the event that any debt remains outstanding for more than twenty one (21) calendar days or any other period of time as may be prescribed by you (in your absolute discretion at any time and from time to time) by written notice to me, you may at your sole discretion and at any time thereafter, without giving me any notice, sell the Said Securities to settle such debts, in which event I shall have no recourse against you or your nominee or your agents in respect of any loss that I may suffer arising out of or in relation to or connected with such sale or this Memorandum. 4. The Said Securities may be registered by you in your name or in the name of your nominee. If any of the Said Securities are held in a securities account registered in my name, you shall be empowered in accordance with Section 40 of SICDA, to request the central depository to transfer such securities into your securities account or your nominee’s securities account. Notwithstanding the aforesaid, neither you nor your nominee shall be answerable or responsible for any diminution in value of any of the Said Securities, however arising, while the same are in the custody, possession or control of yourself or your nominee. Further, while the Said Securities are in the custody, possession or control of yourself or your nominee, you shall not be responsible to ensure that any options, calls, rights issue, bonus issue, dividends and/or any other allotments, accretions and rights whatsoever accrued, attached and/or declared in respect of the Said Securities are subscribed, exercised, taken up, received or collected by you. 5. If so required by you, I shall execute such forms of transfer and/or assignments as are necessary to enable the effectual transfer of the Said Securities. In the event that further documents are necessary to effectively transfer the Said Securities, I shall immediately upon your demand execute such documents. 6. I hereby irrevocably authorise you to make enquiries and/or to request and to receive statement of account of any of my aforementioned securities account/accounts as and when you shall see fit and/or deemed necessary by you in your absolute discretion without the need to seek my consent. I hereby further agree that you shall not be held liable for any claims, actions and/or proceedings of any kind and nature howsoever arising and I hereby undertake to indemnify you for any losses of any kind and any nature which are incurred or suffered by you in respect thereof in connection with or as a result of your exercise of your right under this paragraph 6 and/or any other right pursuant to this Memorandum. 7. I hereby irrevocably authorise and appoint you as my duly authorised agent, to, in the event any debt remains outstanding for more than twenty one (21) calendar days or any other period of time as may be prescribed by you in your absolute discretion at any time and from time to time by written notice to me, deal with the Said Securities in any manner whatsoever and to do all other things as fully and effectively as I could do in connection therewith and in particular but without prejudice to the generality of the foregoing to transfer, assign, charge or sell the Said Securities or any part thereof and to do all whatsoever acts and execute all whatsoever documents to give effect to such transfer assignment charge or sale, Provided Always, that you shall not deal with the balance of the Said Securities (if any) once all the debts remaining outstanding as aforesaid has been paid/repaid in full to you. 8. I hereby acknowledge that you will not be liable for any loss or damage of the securities deposited into any securities account(s) registered in my name and/or securities account(s) registered in the name of your nominees for and on my behalf unless due to your gross negligence, fraud or wilful default. In respect of such loss or damage (should there be any), your liability will be limited to the incidental replacement costs which are confined to cost of advertisement, scrip fees and any other reasonable costs related to the replacement of the physical share certificates only. 9. Any notice or demand required to be made or given to me hereunder may be sent by registered post to my last known address and shall be deemed to have been received by me within three (3) days after the date of posting notwithstanding, that the letter may be returned in the post. 10. I hereby acknowledge that you will not be liable for any failure in performing any of your obligations under this Memorandum or any claim in respect of any loss, expense, costs, injury, damages or liabilities which are directly or indirectly caused by or results from or arises from or out of or contributed by such failure to perform, if such non-performance arises from or is attributable to acts, events, omissions or accidents beyond your reasonable control and without limiting the generality thereof, including:- strikes, lockouts or other industrial actions; civil, commotion, riot, invasion, war threat or preparation of war; fire explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and political or government interference or actions with the normal operations. 11. I hereby authorise you to disclose any and all information (including without limitation to particulars of securities held in relation to my account(s) and/or securities account(s) registered in my name and/or securities account(s) registered in the name of nominees for and on my behalf) to any of your employee, Capital Markets Services Representative’s Licence Holders, agents, related companies, subsidiaries, affiliates and/or any other parties assigned to handle my account and/or securities account (s) and agree that you will not be liable for any claims, actions, and proceedings and losses of whatsoever nature which may be incurred as a result of this authorisation. MEMORANDUM OF DEPOSIT OF SECURITIES (Applicable for Collateralised Securities Trading Applicant Only)

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  • I, the applicant hereby pledge all Securities (“Securities”), which shall have the meaning assigned to it under the Capital Markets and Services Act, 2007 (“CMSA”) and shall

    be securities traded on the Bursa Malaysia Securities Berhad (“Bursa Securities”) (or any Malaysian stock exchange designated by Bursa Securities), which are acceptable to

    AmInvestment Bank Berhad (Company No. 23742-V) (“you”) and which may be held from time to time, in my trading account(s) which have been fully paid and/or in any of

    my account(s) (including the securities account defined by the Security Industry (Central Depository) Act, 1991 (“SICDA”) held with you directly or through your nominees

    (hereinafter called “the Said Securities”), whether in book entry, electronic means or otherwise, on the following terms and conditions:-

    1. I confirm that I am the legal and beneficial owner of the Said Securities and that I am entitled to pledge the Said Securities to you.

    2. The Said Securities will be a continuing security to you for the general balance of my debts to you, which includes but is not limited to any moneys now and hereafter due under any of my account(s).

    3. In the event that any debt remains outstanding for more than twenty one (21) calendar days or any other period of time as may be prescribed by you (in your absolute discretion at any time and from time to time) by written notice to me, you may at your sole discretion and at any time thereafter, without giving me any notice, sell the Said Securities to settle such debts, in which event I shall have no recourse against you or your nominee or your agents in respect of any loss that I may suffer arising out of or in relation to or connected with such sale or this Memorandum.

    4. The Said Securities may be registered by you in your name or in the name of your nominee. If any of the Said Securities are held in a securities account registered in my name, you shall be empowered in accordance with Section 40 of SICDA, to request the central depository to transfer such securities into your securities account or your nominee’s securities account. Notwithstanding the aforesaid, neither you nor your nominee shall be answerable or responsible for any diminution in value of any of the Said Securities, however arising, while the same are in the custody, possession or control of yourself or your nominee. Further, while the Said Securities are in the custody, possession or control of yourself or your nominee, you shall not be responsible to ensure that any options, calls, rights issue, bonus issue, dividends and/or any other allotments, accretions and rights whatsoever accrued, attached and/or declared in respect of the Said Securities are subscribed, exercised, taken up, received or collected by you.

    5. If so required by you, I shall execute such forms of transfer and/or assignments as are necessary to enable the effectual transfer of the Said Securities. In the event that further documents are necessary to effectively transfer the Said Securities, I shall immediately upon your demand execute such documents.

    6. I hereby irrevocably authorise you to make enquiries and/or to request and to receive statement of account of any of my aforementioned securities account/accounts as and when you shall see fit and/or deemed necessary by you in your absolute discretion without the need to seek my consent. I hereby further agree that you shall not be held liable for any claims, actions and/or proceedings of any kind and nature howsoever arising and I hereby undertake to indemnify you for any losses of any kind and any nature which are incurred or suffered by you in respect thereof in connection with or as a result of your exercise of your right under this paragraph 6 and/or any other right pursuant to this Memorandum.

    7. I hereby irrevocably authorise and appoint you as my duly authorised agent, to, in the event any debt remains outstanding for more than twenty one (21) calendar days or any other period of time as may be prescribed by you in your absolute discretion at any time and from time to time by written notice to me, deal with the Said Securities in any manner whatsoever and to do all other things as fully and effectively as I could do in connection therewith and in particular but without prejudice to the generality of the foregoing to transfer, assign, charge or sell the Said Securities or any part thereof and to do all whatsoever acts and execute all whatsoever documents to give effect to such transfer assignment charge or sale, Provided Always, that you shall not deal with the balance of the Said Securities (if any) once all the debts remaining outstanding as aforesaid has been paid/repaid in full to you.

    8. I hereby acknowledge that you will not be liable for any loss or damage of the securities deposited into any securities account(s) registered in my name and/or securities account(s) registered in the name of your nominees for and on my behalf unless due to your gross negligence, fraud or wilful default. In respect of such loss or damage (should there be any), your liability will be limited to the incidental replacement costs which are confined to cost of advertisement, scrip fees and any other reasonable costs related to the replacement of the physical share certificates only.

    9. Any notice or demand required to be made or given to me hereunder may be sent by registered post to my last known address and shall be deemed to have been received by me within three (3) days after the date of posting notwithstanding, that the letter may be returned in the post.

    10. I hereby acknowledge that you will not be liable for any failure in performing any of your obligations under this Memorandum or any claim in respect of any loss, expense, costs, injury, damages or liabilities which are directly or indirectly caused by or results from or arises from or out of or contributed by such failure to perform, if such non-performance arises from or is attributable to acts, events, omissions or accidents beyond your reasonable control and without limiting the generality thereof, including:- • strikes, lockouts or other industrial actions; • civil, commotion, riot, invasion, war threat or preparation of war; • fire explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster; • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and • political or government interference or actions with the normal operations.

    11. I hereby authorise you to disclose any and all information (including without limitation to particulars of securities held in relation to my account(s) and/or securities account(s) registered in my name and/or securities account(s) registered in the name of nominees for and on my behalf) to any of your employee, Capital Markets Services Representative’s Licence Holders, agents, related companies, subsidiaries, affiliates and/or any other parties assigned to handle my account and/or securities account (s) and agree that you will not be liable for any claims, actions, and proceedings and losses of whatsoever nature which may be incurred as a result of this authorisation.

    MEMORANDUM OF DEPOSIT OF SECURITIES

    (Applicable for Collateralised Securities Trading Applicant Only)

  • I, the applicant hereby pledges all Securities (“Securities”), which has the same meaning as in the Capital Markets and Services Act, 2007 (“CMSA”) as amended from time to time and shall be securities traded on the Bursa Malaysia Securities Berhad or any Malaysian stock exchange designated by Bursa Securities, which are acceptable to you and which may be held from time to time, in my trading account which have been fully paid and/or in any of my account(s) (including the securities account defined by the Security Industry (Central Depository) Act, 1991) held with you directly or through your nominees (hereinafter called “the Said Securities”), whether in book entry, electronic means or otherwise, on the following terms and conditions:-

    1. I confirm that I am the legal and beneficial owner of the Said Securities and that I am entitled to pledge the Said Securities to you.

    2. The Said Securities will be a continuing security to you for the general balance of my debts to you, which includes but is not limited to any moneys

    now and hereafter due under any of my account(s).

    3. In the event that any debt remains outstanding for more than twenty one (21) calendar days or any other period of time as may be prescribed by you (in your absolute discretion at any time and from time to time) by written notice to me, you may at your sole discretion and at any time thereafter, without giving us any notice, sell the Said Securities to settle such debts, in which event I shall have no recourse against you or your nominee or your agents in respect of any loss that I may suffer arising out of or in relation to or connected with such sale or this Memorandum.

    4. The Said Securities may be registered by you in your name or in the name of your nominee. If any of the Said Securities are held in a securities account registered in our Company’s name, you shall be empowered in accordance with Section 40 of the Securities Industry (Central Depositories) Act 1991, to request the central depository to transfer such securities into your securities account or your nominee’s securities account. Notwithstanding the aforesaid, neither you nor your nominee shall be answerable or responsible for any diminution in value of any of the Said Securities, however arising, while the same are in the custody, possession or control of yourself or your nominee. Further, while the Said Securities are in the custody, possession or control of yourself or your nominee, you shall not be responsible to ensure that any options, calls, rights issue, bonus issue, dividends and/or any other allotments, accretions and rights whatsoever accrued, attached and/or declared in respect of the Said Securities are subscribed, exercised, taken up, received or collected by you.

    5. If so required by you, I shall execute such forms of transfer of securities and/or assignments as are necessary to enable the effectual transfer of

    the Said Securities. In the event that further documents are necessary to effectively transfer the Said Securities, I shall immediately upon your demand execute such documents.

    6. I hereby irrevocably authorise you to make enquiries and/or to request and to receive statement of account of any of my aforementioned securities

    account / accounts as and when you shall see fit and/or deemed necessary by you in your absolute discretion without the need to seek our consent. I hereby further agree that you shall not be held liable for any claims, actions and/or proceedings of any kind and nature howsoever arising and I hereby undertake to indemnify you for any losses of any kind and any nature which are incurred or suffered by you in respect thereof in connection with or as a result of your exercise of your right under this paragraph 6 and/or any other right pursuant to this Memorandum.

    7. I hereby appoint you or any of your Attorneys and in our name or in the name of yourself or your Attorney, as the case may be, to, in the event any debt remains outstanding for more than twenty one (21) calendar days or any other period of time as may be prescribed by you in your absolute discretion at any time and from time to time by written notice to me, deal with the Said Securities in any manner whatsoever and to do all other things as fully and effectively as I could do in connection therewith and in particular but without prejudice to the generality of the foregoing to transfer, assign, charge or sell the Said Securities or any part thereof and to do all whatsoever acts and execute all whatsoever documents to give effect to such transfer assignment charge or sale, Provided Always, that you shall not deal with the balance of the Said Securities (if any) once all the debts remaining outstanding as aforesaid has been paid/repaid in full to your company.

    8. I hereby acknowledge that you will not be liable for any loss or damage of the securities deposited into any securities account(s) registered in my

    name and/or securities account(s) registered in the name of your nominees for and on our behalf unless due to your negligence or willful default. In respect of such loss or damage (should there be any), your liability will be limited to the incidental replacement costs which are confined to cost of advertisement, scrip fees and any other reasonable costs related to the replacement of the physical share certificates only.

    9. Any notice or demand required to be made or given to me hereunder may be sent by registered post to my last known address and shall be deemed to have been received by me within three (3) days after the date of posting notwithstanding, that the letter may be returned in the post.

    10. I hereby acknowledge that you will not be liable for any failure in performing any of your obligations under this Memorandum or any claim in respect

    of any loss, expense, costs, injury, damages or liabilities which are directly or indirectly caused by or results from or arises from or out of or contributed by such failure to perform, if such non- performance arises from or is attributable to acts, events, omissions or accidents beyond your reasonable control and without limiting the generality thereof, including:-

    ● strikes, lockouts or other industrial actions;

    ● civil, commotion, riot, invasion, war threat or preparation of war;

    ● fire explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster;

    ● impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and

    ● political or government interference or actions with the normal operations.

    11. I hereby authorise you to disclose any and all information [(including without limitation particulars of securities held) in relation to my account(s) and/or securities account(s) registered in my name and/or securities account(s) registered in the name of your nominees for and on my behalf] to any of your employee, Capital Markets Services Representative’s License Holders, agents, related companies, subsidiaries, affiliates and/or any other parties assigned to handle my account(s) and / or securities account (s) and agree that you will not be liable for any claims, actions, and proceedings and losses of whatsoever nature which may be incurred as a result of this authorisation.

    MEMORANDUM OF DEPOSIT OF SECURITIES (Applicable for Collateralised Securities Trading Applicant Only) (This Memorandum of Deposit of Securities shall be in accordance with the Shariah principle of Rahn (Pledge))

  • PDS eDirect Cash : V5.2 2020.02.07

    PRODUCT DISCLOSURE SHEET – eDIRECT CASH

    Please read this Product Disclosure Sheet before you decide to sign up for eDirect Cash Online Trading Account. Be sure to read the following Terms & Conditions which is available on our amequities.com.my website:-

    AmInvestment Bank Berhad’s (“Bank”) Securities and Derivatives Trading Terms and Conditions What is this product about?

    This product is called eDirect Cash, an online trading account specifically designed for individual clients who wish to trade

    in shares purely on cash upfront basis to enjoy a special low brokerage fee. Below are the salient points and terms:

    No. Item Description

    1. Benefits a) No minimum cash deposit is required to be maintained. Client can deposit any cash amount upfront based on trading needs before any purchase is made.

    b) Special brokerage rate of 0.05% on trade value, minimum RM8 plus 6% service tax per contract (amalgamated) for online trades (Bursa securities only) that are fully covered by the cash balance.

    c) Ready access to online trading facilities and eservices at www.amequities.com.my.

    d) Trade in shares listed on Bursa Malaysia and Recognized Foreign Exchanges.

    e) Auto settlement of contracts. eDirect Cash account will be debited and credited on due date (T+2 morning) for purchase and sale.

    f) Earn interest or profit (Islamic account) on cash balance in the eDirect Cash account. Current payout rate is 2.05% p.a for clients with current or savings account (CASA) registered under the Bank's Electronic Share Payment (ESP) service. Rate may be revised at the Bank's discretion.

    g) Contracts and eStatement via electronic mail.

    3. Specific Terms

    and Conditions

    for eDirect Cash

    Account

    (“Term Sheet”)

    a) Account Opening

    i. New or existing clients of the Bank will need to open a new eDirect Cash account (conventional or Islamic) to enjoy all the benefits.

    ii. Account can be opened in the name of client or AmSec Nominees Tempatan/Asing Sdn Bhd (client is the beneficial owner).

    b) Trading Limit

    i. Based purely on cash deposit/balance x 99% at the start of each trading day. The 1% haircut, minimum RM20 is deducted to cover transaction costs (brokerage fee, stamp duty, clearing fee, administration fee, handling fee and service tax).

    ii. Shares will not be given value for trading limit purposes.

    iii. Trading limit for clients who signed up for Foreign Investing Service will be automatically allocated on the ratio of 70% for trading on Bursa and 30% for trading on foreign exchange. Clients may submit request through their dealer/remisier for the ratio to be changed based on trading needs.

    iv. Auto release of trading limit for all sales done during intra-day. Client should only utilizes 99% of this limit for Buy orders. The 1% is to cover transaction charges.

    v. Only online sales proceeds arising from sell of free shares will be given immediate value and available to be used as cash upfront for next purchase.

    vi. New cash deposit/fund transfer made into the eDirect Cash account during intraday for which immediate trading limit is required must be notified to the Bank’s eBroking Helpdesk or to the client’s dealer/remisier. Trading limit will only be adjusted after receipt of deposit notification from client and verification by Operations.

    vii. Trading limit to be released is based on client's cash balance and subject to a maximum limit of RM1.0M per day. The maximum limit may be increased upon request by client and approval by Credit Control.

    http://www.amesecurities.com.my/

  • PDS eDirect Cash : V5.2 2020.02.07

    Specific Terms

    and Conditions

    for eDirect Cash

    Account

    (“Term Sheet”)

    c) Cash Deposit

    i. Client needs to deposit/transfer or maintain sufficient cash balance in the eDirect Cash account before making any purchases (cash upfront) in order to be entitled to the special low brokerage rate.

    ii. Interest or profit (Islamic account) is payable on cash balance in the eDirect Cash account. The payout rate is 2.05% p.a for clients with CASA registered under the Bank’s ESP service. The rate may be revised at the Bank's discretion and notified to client via periodic statements/statement of accounts and/or via the Bank’s trading website.

    iii. Only cleared cheques will be accounted as cash deposit. Clearing normally takes about 2-3 business days and therefore use of cheque is highly discouraged.

    iv. Purchase contracts will be earmarked against cash balance on trade date and cannot be utilized for other purposes.

    v. Notification of cash deposit/fund transfer made by client into the eDirect Cash account can be done by completing and submitting the Payment Notification Form electronically at amequities.com.my website or emailing/faxing a copy of the bank-in/remittance/fund transfer slip to the client’s dealer/remisier. Client's name, account code, signature and NRIC must be clearly printed or written on the slip for ease of verification. Cut-off time for cash deposit and notification is 4pm for same day processing.

    vi. Funds received from 3rd party is acceptable if the payor is an immediate family member of the client. One-time Form D (allocation of payment using 3rd party cheques/bank draft/interbank transfer) must be submitted to eBroking Helpdesk or client’s dealer/remisier.

    vii. Clients may check their available cash balance in the eDirect Cash account at the start of a trading day by login to amequities.com.my website, click on Report icon, click on Client Summary and compute the items as follows:

    Available Cash Balance = Trust Money + O/S Credit Notes + O/S Sales Contract

    (only the online sales portion of free shares) - O/S Purchase Contracts (due & not

    due)

    d) Brokerage Rates and Applicability

    i. Please refer to Schedule 1 for the applicable brokerage rates for online and offline trades contracted in the eDirect Cash account.

    ii. The special brokerage rate is only applicable to Bursa traded securities conducted via online within the available cash balance. Foreign trades are not entitled to the special brokerage rate and are charged higher rates depending on the markets.

    iii. Offline (telephone) trades will be charged higher brokerage rates, thus highly discouraged unless the system is down.

    iv. Contract for online sales arising from internally transferred shares (shares transferred from CDS accounts maintained with the Bank) will be charged higher brokerage rates and not the special brokerage rate.

    v. Contract for online sales arising from externally transferred shares (shares transferred from CDS account maintained with other banks/brokers) will be entitled to the special brokerage rate.

    vi. For online sales involving shares quantity from purchases done in the eDirect Cash account and shares quantity from the internal transfer, the quantity from the purchases will be utilized first when determining the applicable brokerage rate.

    vii. All trades of same counter done or matched on the same day will be amalgamated into one buy or sell contract. Average price and brokerage rate will be computed and reflected in the econtract if the trades involved few matched prices and brokerage rates.

    viii. Brokerage fee charged is subject to a minimum fee. For contract with mixed online and offline trades, the offline rate and minimum will be applicable.

    ix. Please refer to Appendix A on some examples of Bursa trades scenarios for better understanding on the applicability of the brokerage rate charged.

    e) Settlement

    i. Sales proceeds will be auto credited into the eDirect Cash account as trust money on T+2 morning. No cheques will be issued.

  • PDS eDirect Cash : V5.2 2020.02.07

    Specific Terms

    and Conditions

    for eDirect Cash

    Account

    (“Term Sheet”)

    ii. Earmarked purchase contract will be auto set-off against the cash balance on T+2 morning.

    iii. Contra gains after set-off with contra losses (if any), will be auto top up as trust money on the contra date. Contra losses will be auto set-off against cash balance on contra date.

    iv. Client must deposit additional cash before T+2 in the event cash balance is not sufficient to set-off the purchase contract. This may happen due to the full release of sales value upfront (without any haircut) for trading limit which is then used to the maximum for purchases. The top up is normally for payment of the transaction costs.

    v. Any credit amount due to client will be auto top up as trust money. Any fees and charges due from client will be auto deducted from the trust money.

    f) Cash Withdrawal

    i. Request received by the Bank before 9.30am on a business day will be processed for remittance on the same day. Others will be processed on the next business day.

    ii. Request must be completed and submitted electronically using the Cash Withdrawal Form at amequities.com.my website (eServices > eForms > Services).

    iii. Cash withdrawn will be remitted to the client's registered CASA as per the ESP form submitted by client. ESP submission is mandatory for eDirect Cash.

    iv. Clients must submit the ESP form to avoid any delay in the withdrawal processing.

    g) Corporate Actions (only for eDirect Cash accounts opened in Nominees name)

    i. For voluntary corporate actions (rights, offer for sale, etc), Nominees team will notify relevant clients (beneficial owners) via electronic mail for decision and instruction.

    ii. No further action will be taken by Nominees if client did not revert with instruction and/or payment by the deadline specified.

    iii. For mandatory corporate actions (dividend, bonus, etc), the money or shares will be auto credited in the eDirect Cash account accordingly.

    h) Other Fees and Charges

    i. Please refer to Schedule 1 for other fees and charges applicable to eDirect Cash.

    i) eContract/eStatement

    i. Only eContract and eStatement will be issued and e-mailed to clients for all contracts and monthly account statement.

    ii. Clients has to add our e-mail address [email protected] in their Address Book and/or Approved Sender List to ensure uninterrupted receipt of the eContract/eStatement and avoid it to be automatically moved to the junk/spam folder.

    The product and information provided in this product disclosure sheet is valid as of 07 Feb 2020 until further notice.

    Should you require additional information about eDirect Cash account, please contact your dealer/remisier or our eBroking Helpdesk as follows :-

    Tel No : 03-2031 0102 Email : [email protected]

    AmInvestment Bank Berhad (23742-V)

    A member of the AmBank Group

    Client’s acknowledgement: ______________________________

    10032970DText Box

  • PDS eDirect Cash : V5.2 2020.02.07

    Appendix A EXAMPLES OF TRADES SCENARIOS AND BROKERAGE RATES CHARGED FOR EDIRECT CASH ACCOUNT

    Scenario 1

    T-Date : Online Buy Orders

    Cash Balance = RM50,000. Trading limit = RM50,000 x 99% = RM49,500

    No. Trading Mode Order Type Counter Quantity Price (RM) Trade Value (RM)

    1 Online Buy A 10,000 2.00 20,000.00

    2 Online Buy A 10,000 2.50 25,000.00

    Total

    Quantity

    Avg Price

    (RM)

    Gross Contract

    Value (RM)

    Brokerage

    Rate

    Brokerage

    Fee (RM)

    Total Brkg and

    Transaction

    Costs

    Available Cash Balance

    (end of day)

    Trading Limit

    (intra-day)

    Buy Contract for Counter A 20,000 2.250 45,000.00 0.05% 22.50 83.16 50,000 - 45,083.16 = 4,916.84 49,500 - 45,000 = 4,500

    Notes: The online Buy trades are fully covered by the cash balance (earmarked), thus special online brokerage rate applies.

    T+1 trading limit = RM4,917 x 99% = RM4,868

    T+1 : Online Sell & Buy Orders

    Cash Balance = RM4,917. Trading limit = RM4,917 x 99% = 4,868

    No. Trading Mode Order Type Counter Quantity Price (RM) Trade Value (RM)

    1 Online Sell A 20,000 2.50 50,000.00

    2 Online Buy B 5,000 1.50 7,500.00

    Total

    Quantity

    Avg Price

    (RM)

    Gross Contract

    Value (RM)

    Brokerage

    Rate

    Brokerage

    Fee (RM)

    Total Brkg and

    Transaction

    Costs

    Available Cash Balance

    (end of day)

    Trading Limit

    (intra-day)

    Sell Contract for Counter A 20,000 2.500 50,000.00 0.05% 25.00 92.40 4,917 + 45,083.16 = 50,000 4,868 + 50,000 = 54,868

    Buy Contract for Counter B 5,000 1.500 7,500.00 0.05% 8.00 18.87 50,000 - 7,518.87 = 42,481.29 54,868 - 7,500 = 47,368

    Notes: Proceeds from online Sell is given immediate cash value, thus special online brokerage rate applies.

    Online Sell contract on T+1 and online Buy contract on T-Date are contraed off. The cash earmarked to the Buy contract is released back into the cash balance pool.

    Contra gains of RM4,824 will only be added to the cash balance pool once it is credited in the account (every Monday).

    Online Buy contract on T+1 is sufficiently covered by the available cash balance , thus special online brokerage rate applies but subject to min brokerage fee of RM8.

    T+2 trading limit = RM42,481 x 99% = RM42,056

    Contracts Created on Trade Date

    (amalgamated trades)

    Contracts Created on Trade Date

    (amalgamated trades)

    Scenario 2

    T-Date : Mixed Online & Offline Buy Orders

    Cash Balance = RM20,000. Trading limit = RM20,000 x 99% = RM19,800

    No. Trading Mode Order Type Counter Quantity Price (RM) Trade Value (RM)

    1 Online Buy C 6,000 1.30 7,800.00

    2 Offline Buy C 4,000 1.15 4,600.00

    Total

    Quantity

    Avg Price

    (RM)

    Gross Contract

    Value (RM)

    Brokerage

    Rate

    Brokerage

    Fee (RM)

    Total Brkg and

    Transaction Costs

    Available Cash Balance

    (end of day)

    Trading Limit

    (intra-day)

    Online Buy Order - Counter C 6,000 1.30 7,800.00 0.05% 3.90 - - 19,800 - 7,800 = 12,000

    Offline Buy Order - Counter C 4,000 1.15 4,600.00 0.35% 16.10 - - 12,000 - 4,600 = 7,400

    Buy Contract for Counter C 10,000 1.24 12,400.00 0.16% 20.00 38.14 20,000 - 12,438.14 = 7,561.86 7,400

    Notes: The online and offline Buy orders are amalgamated into a single Buy contract and average price and brokerage rate will be stated in the eContract.

    For mixed contract (online & offline), the offline order is charged with offline cash upfront rate (sufficient cash balance) and subject to offline min brokerage fee, whichever is higher.

    T+1 trading limit = RM7,562 x 99% = RM7,486

    Contracts Created on Trade Date (amalgamated

    trades)

    Scenario 3

    T-Date : Online Sell Orders

    Cash balance = RM22,000. Trading limit = RM22,000 x 99% = RM21,780

    Stock Portfolio = 30,000 free shares of Counter D (20,000 free shares from internal transfer, 10,000 free shares from paid Buy contract).

    No. Trading Mode Order Type Counter Quantity Price (RM) Trade Value (RM)

    1 Online Sell D 25,000 3.00 75,000.00

    Total

    Quantity

    Avg Price

    (RM)

    Gross Contract

    Value (RM)

    Brokerage

    Rate

    Brokerage

    Fee (RM)

    Total Brkg and

    Transaction

    Available Cash Balance

    (end of day)

    Trading Limit

    (intra-day)

    10,000 3.00 30,000.00 0.05% 15.00 55.44 - -

    15,000 3.00 45,000.00 0.40% 180.00 255.11 - -

    Sell Contract for Counter D 25,000 3.00 75,000.00 0.26% 195.00 305.55 22,000 + 74,694.45 = 96,694.45 21,780 + 75,000 = 96,780

    Notes: For online Sell of free shares, qty from paid Buy is utilised first, thus special online brokerage rate applies. Qty from internal transfer is utilised next and higher brokerage rate applies.

    Proceeds from online Sell of free shares is given immediate value and tagged available for use as cash upfront for next Buy.

    T+1 trading limit = RM96,694 x 99% = RM95,728

    Contracts Created on Trade Date (amalgamated

    trades)

    Online Sell Order (free shares from internal transfer)

    Online Sell Order (free shares from Buy contract)

    Scenario 4

    T-Date : Online Sell Orders - Exchange Traded Bond (ETB)

    Cash Balance = RM0. Trading limit = RM0

    Stock Portfolio = 1,000 DanaInfra (free quantity)

    No. Trading Mode Order Type Counter Quantity Price (RM) Trade Value (RM)

    1 Online Sell DanaInfra 100 100.40 10,040.00

    2 Online Sell DanaInfra 200 100.30 20,060.00

    3 Online Sell DanaInfra 600 100.20 60,120.00

    Total

    Quantity

    Avg Price

    (RM)

    Gross Contract

    Value (RM)

    Brokerage

    Rate

    Brokerage

    Fee (RM)

    Total Brkg and

    Transaction Costs

    Available Cash Balance

    (end of day)

    Trading Limit

    (intra-day)

    Sell Contract - DanaInfra 900 100.2444 90,220.00 0.05% 45.11 167.51 90,052.49 90,220

    Notes: Online Sell orders of ETB are amalgamated and charged with special brokerage rate, min RM2.50.

    T+1 trading limit = RM90,052.49 x 99% = RM89,152.

    Contracts Created on Trade Date (amalgamated

    trades)

  • Fees eDirect Cash: V5.2 2020.02.07

    AMINVESTMENT BANK BERHAD (BANK) STATEMENT OF FEES & CHARGES FOR eDIRECT CASH ACCOUNT (W.E.F 07th Feb , 2020)

    SCHEDULE 1

    NO TYPE OF TRANSACTIONS FEES AND CHARGES

    CONTRACT VALUE CASH UP FRONT (CUF)

    NON CASH UPFRONT (NCUF)

    MINIMUM FEE AND SST1

    1.

    a.

    BROKERAGE FEE - BURSA

    Online Trades

    BUY/SELL

    Any value

    0.05%

    NA

    Shares : RM8 plus 6% SST per contract Loan stock : RM2 plus 6% SST per contract Exchange Traded Bond : RM2.50 plus 6% SST per contract ABFMY1 : RM12 plus 6% SST per contract

    b. Offline Trades

    (i) Shares/Loan Stock

    BUY/SELL

    ≤ RM100K

    > RM100K

    0.35%

    0.20%

    0.60%

    0.30%

    CUF : RM12 plus 6% SST per contract

    NCUF : RM40 plus 6% SST per contract

    Loan Stock : RM2 plus 6% SST per contract

    (ii) Exchange Traded Bond (ETB)

    (iii) ABFMY1

    Any value

    Any value

    0.30%

    0.30%

    RM2.50 plus 6% SST per contract

    RM12 plus 6% SST per contract

    c. Online Sale of Shares Arising From External Transfer

    SELL

    Any value

    0.05%

    RM8 plus 6% SST per contract

    d. Online Sale of Shares Arising From Internal Transfer

    SELL

    ≤ RM100K

    > RM100K

    0.40%

    0.20%

    RM28 plus 6% SST per contract

    2.

    a.

    b.

    BROKERAGE FEE - FOREIGN MARKETS

    Online Trades (Singapore/Hong Kong)

    Offline Trades (Singapore/Hong Kong)

    BUY/SELL

    ≤ RM100K > RM100K

    ≤ RM100K > RM100K

    0.35% 0.25%

    0.60% 0.30%

    Singapore Exchange (SGX): Min brokerage : SGD25/ USD20/HKD150/AUD25 (online) SGD30/USD25/HKD180/AUD30 (offline) M’sia stamp duty : 0.1%, max RM200 SGX Clearing fee : 0.0325% SGX Trading fee : 0.0075%

    Hong Kong Exchange (HKSE): Min brokerage : HKD150 (online), HKD180 (offline) M’sia stamp duty : 0.1%, max RM200 HKSE Trading fee : 0.005% HKSE Transaction levy : 0.0027% HKSE Stamp duty : 0.10% HKSE CCASS fee : 0.002%, min HKD2, max HKD100.

    Note: SGX/HKSE's charges are subject to change. & 6% SST applies.

    3.

    a.

    OTHER FEES

    Clearing Fee

    0.03% of contract value, maximum RM1,000

    No minimum. No SST

    b. Stamp Duty on Contract Note (Bursa and foreign securities)

    RM1.00 for every RM1,000 (or fractional part) of the transaction value of securities, maximum RM200.

    No SST

    c. Bursa (M) Depository Fees:

    (i) CDS Account Opening

    (ii) Stamping of Trading Account

    (iii) Securities Transfer

    (iv) Reactivation of CDS Account

    RM10 per account opening

    RM20 per account and terms & conditions

    RM10 per transfer/counter

    RM5 per account

    RM10 per account

    RM20 per account/T&C

    RM10 per transfer/counter

    RM5 per account

    d. Nominees Fees:

    (i) Outward Transfer of Securities

    (ii) Dividend Collection

    (iii) Rights Issue/eRights

    (iv) Dividend Reinvestment Plan

    (v) Gen Offer/Take Over Offer/Cash Offer/Proxy, Warrant Conversion, etc.

    RM10 per counter/transfer

    Net Dividend ≤ RM20 : Free of charge Net Dividend above RM20 – RM1,000 : RM5 per counter Net Dividend above RM1,000 : RM10 per counter

    RM10 per transaction + RM10 stamp duty/RM2.12 Bursa fee

    RM20 per transaction + RM10 stamp duty

    RM15 per transaction

    No SST for Nominees Fees.

    Additional RM30 is charged after AmSec’s deadline.

    4. INTEREST/PROFIT ON MONIES IN TRUST1

    Interest/Profit earned on placement of monies @ AmBank's Prevailing Rate1a 2.75% p.a Less: Administration Fee1b -0.70% p.a Interest/Profit Payable to Client1b 2.05% p.a

    No minimum.

    Notes :

    1. Interest/Profit on Monies in Trust

    a. Interest/Profit earned on placement of monies is based on AmBank's Prevailing Rate, which is 2.75% per annum effective 07th Feb, 2020. The prevailing interest/profit rate is subject to change from time to time by AmBank and will be notified to client via periodic statements/statement of accounts and/or the Bank’s trading website. b. The Administration Fee charged is subject to change at the discretion of the Bank. The changes in AmBank's Prevailing Rate and/or the Bank’s Administration Fee shall affect the interest/profit payable to client.

    2. All the above fees/charges do not include fees & charges relating to margin/ discretionary financing facility, other foreign charges, out of pocket expenses or other third party charges.

    Client's acknowledgement: _______________________________

    10032970DText Box

  • 1

    SPECIFIC TERMS AND CONDITIONS ON ELECTRONIC TRADING FOR FOREIGN SECURITIES In consideration of the Company approving Client’s application for electronic trading facilities to trade in Foreign Securities, Client irrevocably and unconditionally acknowledge, undertake and agree to abide by the following terms and conditions:

    1. Client have opened a trading account with the Company for Foreign Securities trading together with the terms and conditions incorporated therein (“Standard T & C”), signed the Foreign Investing Service agreement (where applicable)

    and registered as online user with amequities.com.my. Defined words and expression in the Standard T&C shall apply to this Specific Terms and Conditions.

    2. The electronic trading facilities and system to trade in Foreign Securities are provided to the Client under the agreement made between the Company and the foreign brokers, custodians or agents (“Authorised Third Party”) appointed by the Company from time to time. The electronic trading facilities and system shall be provided to the Client on “as is as available basis” by the Authorised Third Party.

    3. Transactions on Recognised Exchanges in other jurisdictions may expose the Client to additional risks. Before entering into such transactions, Client shall ensure that Client understands the risks, laws, taxes and rules relevant to the particular transactions. The potential for profit or loss from such transactions or in foreign currency denominated securities may also be affected by, among other factors, fluctuation in foreign exchange rates. The Company is not liable for any loss which the Client suffers as a result of: (a) conversion of an amount to or from Ringgit Malaysia; or the timing of the conversion.

    4. The Company does not warrant to the Client that the Company will have access to all market information, rights and

    terms related to Foreign Securities. Client further agrees that the Company is not liable for any losses incurred by Client by reason of any act, omission, fraud or negligence of the Authorised Third Party or in relation to the holding of or the Client’s dealing with Foreign Securities. In the unlikely event of insolvency of the Authorised Third Party, the Company does not guarantee the recovery of the Foreign Securities, monies or funds representing the value of the Foreign Securities. Client’s Foreign Securities, monies or funds received or held in foreign jurisdictions are subject to the applicable laws and regulations (including tax laws) of the relevant foreign jurisdictions and Client fully understands and accepts the risks surrounding the treatment of securities and monies in the relevant foreign jurisdictions prior to dealing in Foreign Securities.

    5. Client shall be fully liable for the usage and operations of the electronic trading facilities and system granted to the Client, including all transactions done for the Client’s account. Client undertakes to fully indemnify and hold harmless the Company from and against any claims, proceedings, damages, losses, charges, applicable taxes and duties (including taxes imposed by foreign jurisdictions), fines and penalties which the Company may sustain, incur or suffer from time to time in accordance with the terms and subject to the conditions of the Standard T & C and Foreign Investing Service agreement.

    6. Disruptions in the electronic trading facilities and system or failure, interruption, or downtime of the computer hardware, communication lines and data network, power failures could disrupt trading which may result in Client’s inability to place buy or sell orders or orders not executed according to Client’s instructions or not executed at all. The Company shall not be liable for any losses incurred by Client as a result thereof.

    7. All Foreign Securities transactions for the Client’s account, including the electronic trading facilities and systems shall be made in accordance with and be subject to the terms and conditions of the Standard T & C, Foreign Investing Service Agreement, all applicable foreign statutes, laws and regulations governing Foreign Securities transactions including without limitation the rules, regulations and directives of the foreign exchange regulators and/or authorities, Recognised Exchanges, foreign central depositories, foreign tax authorities and other foreign regulators and authorities, and the terms and conditions of any agreement executed and/or to be executed between the Company and the Authorised Third Party and as amended and substituted from time to time.

    8. Client shall ensure that Client has sufficient Foreign Securities to be sold in the Client’s account which constitute good delivery before Client submits any sell order. Client understands and agrees that Client will be liable to pay any buy-in cost and penalty charge imposed by the Recognised Exchanges from time to time in the event of Client’s failed trade. Client is notified that SGX-ST currently imposes a penalty charge of 5% on any failed trade value subject to a minimum of SGD1,000.

    9. The Company relies on the Authorised Third Party to inform the Company of corporate actions related to Foreign Securities. Client understands that the Authorised Third Party may not inform the Company of corporate actions in a timely manner. The Company has no obligation to notify Client of dates of meeting or take any action in relation to the same, without specific written instruction is received by the Company from the Client. Client may not be able to participate in voluntary corporate actions relating to Foreign Securities and agrees that the Company is not liable to the Client for any loss caused to the Client as a result thereof. With respect to corporate actions which are mandatory (‘Mandatory Corporate Action’) in relation to Foreign Securities:

    (a) cash payments are generally credited to Client’s trust account within 14 Business Days after the date the payment is received by the Company. The exchange rate used to make the payment will be the rate that the Company determine is appropriate having regard to the exchange rate at the date the Company converts the payment;

  • 2

    (b) Client is not entitled to exercise voting rights, to attend any general meeting or any other meeting of the issuer and, if there is a takeover, to vote; and

    (c) if there is a choice, Client will be assigned the default option as determined by the issuer of the Foreign Securities.

    10. Client understands that the Company does not provide 24-hours dealing desk, or customer service helpdesk to Client. Due to different time zones applicable to trading in Foreign Securities, there may be delays in stock quotes and executions of orders through the foreign broker or Client’s instructions may not be received by the Company on time or executed in a timely manner. The Company is not liable to the Client for any loss incurred by Client as a result thereof.

    11. Client confirms that Client has read, understood and agreed to be bound by the Privacy Notice of the Company (which is available at www.amequities.com.my) and the clauses herein, as may relate to the processing of Client’s personal information. For the avoidance of doubt, Client agrees that the said Privacy Notice shall be deemed to be incorporated by reference into this Specific Terms and Conditions.

    12. In the event Client provides personal information relating to third parties, including information relating to its directors,

    shareholders, officers, (for Client which is a corporation), for the purpose of opening or operating this electronic trading for Foreign Securities with the Company or otherwise subscribing to the Company’s products and services, Client:

    (a) confirm that Client has obtained their consent or are otherwise entitled to provide the information to the Company

    and for the Company to use it in accordance with this Agreement;

    (b) agree to ensure that the personal information of the said third parties is accurate;

    (c) agree to update the Company in writing in the event of any material change to the said personal information; and

    (d) agree to the Company’s right to terminate this electronic trading facilities for Foreign Securities should such consent be withdrawn by any of the said third parties

    13. Where Client instruct the Company to effect transactions related to Foreign Securities, the details required to the transaction (including information relating to those involved in the said transaction) may be sent or received from abroad, where it could be accessible (whether directly or indirectly) by the company’s Authorised Third Party locally or abroad, overseas regulators and/or enforcement authorities in connection with their legitimate duties (e.g. the prevention of crime). In instructing the Company and the Authorised Third Party to enter into transactions related to Foreign Securities on the Client’s behalf, Client agrees to the above said disclosures on behalf of the Client and others involved in the transactions related to Foreign Securities.

    14. Additionally, but always subject to any laws, (including regulations, guidelines and/or obligations) applicable to the

    Company, Client agrees that the Company and its related companies (‘AmBank Group’), their merchants and strategic partners may contact the Client about products, services and offers, which the Company and AmBank Group believe may be of interest or beneficial to the Client.

    15. The Company and AmBank Group may communicate with Client through various channels, including telephone, e-mail,

    electronic / mobile messaging, facsimile or post, using the contact information Client has provided.

    16. Client may inform the company at any time on Business Days if Client does not wish to receive marketing communications from the Company, AmBank Group and/or their merchants and business partners, by contacting the Company at the various channels given below:

    Customer Service Executive

    Tel. No. : 603-2031 0102 (Mondays -Fridays, 8.30am. – 5.30pm) Fax No. : 603-2078 3162 Mailing Address : 8th Floor, Bangunan AmBank Group 55, Jalan Raja Chulan 50200 Kuala Lumpur E-Mail Address : [email protected]

    17. Client’s latest written instructions to the Company will prevail. Client acknowledges that certain communications such as the statements related to transactions in Foreign Securities and contract notes sent to the Client and websites of the Company and AmBank Group may contain standard information regarding other products and services of the Company and the AmBank Group that cannot be removed without affecting the delivery / operation provision of the electronic trading in Foreign Securities and/or without additional costs to Client.

    18. Even after Client has provided the Company with any information, Client will have the option to withdraw the consent

    given earlier. In such instances, the Company will have the right to not provide or discontinue the provision of the electronic trading in Foreign Securities that is/are linked with such information.

    19. The Company reserves the right to amend this Clause from time to time at the Company’s sole discretion by providing

    notice to the Client.

    http://www.amesecurities.com/mailto:[email protected]

  • 3

    20. This section shall be without prejudice to provisions on Disclosure of Information in the Standard T&C and Foreign Investing Service Agreement.

    21. Subject only to the amendments, substitution and/or additions herein contained to make the Standard T & C and the

    Foreign Investing Service Agreement consistent with this Specific Terms and Conditions , all the conditions, provisions, powers and terms contained in or subsisting in relation to the Standard T & C and the Foreign Investing Service Agreement shall be applicable to this Specific Terms and Conditions and shall remain in full force and effect and shall be read and construed and be enforceable as if this Specific Terms and Conditions were inserted therein by way of addition, amendments and/or substitution as the case may be.

    22. The Company may vary Client’s trading limit to trade in Foreign Securities based on the ratio determined by the Company, subject always to the investment limits imposed in the notices, measures and requirements specified by Bank Negara Malaysia under section 214 of the Financial Services Act 2013 (“Foreign Exchange Administration Rules”) and

    rules and regulations issued by applicable foreign authorities for the Foreign Securities.

    Definitions under the FSA and FEA as follows:

    1. “investment abroad” means –

    (a) making of any payment for –

    (i) purchase of foreign currency-denominated asset in Malaysia offered by a non-resident, including Labuan entity;

    (ii) purchase of foreign currency-denominated asset offered outside Malaysia;

    (iii) lending in foreign currency to a non-resident;

    (iv) administrative expenses, working capital arising from the set up of any business arrangement, including a joint venture project where no entity is created or established, outside Malaysia;

    (v) purchase of foreign currency-denominated financial instrument or Islamic financial instrument without firm commitment, other than exchange rate derivative, offered on an overseas Specified Exchange under the Capital Markets and Services Act 2007 [Act 671] undertaken by a resident through a

    resident futures broker;

    (vi) placement into foreign currency account II in Malaysia as specified in Notice 3; or

    (vii) placement into foreign currency account overseas other than for education or employment abroad; or

    (b) swapping of a financial asset in Malaysia for a financial asset outside Malaysia;

    2. Foreign currency asset onshore means making of any payment in Malaysia for:-

    (a) purchase of foreign currency-denominated security or Islamic security offered in Malaysia by resident as approved by the Bank;

    (b) purchase of foreign currency-denominated financial instrument or Islamic financial instrument offered in Malaysia by a resident as approved by the Bank; or

    (c) placement into foreign currency account with a licensed onshore bank other than placement for investment aboard;

    3. Domestic ringgit borrowing means borrowing in ringgit obtained by a resident from another resident. For a resident

    entity, the borrowing shall exclude borrowing from another resident entity within its group of entities with parent-subsidiary relationship.

    4. “borrowing” means any credit facility, financing facility, trade guarantee or guarantee for payment of goods,

    redeemable preference share, Islamic redeemable preference share, private debt security or Islamic private debt security other than –

    (a) trade credit terms extended by a supplier for all types of goods or services; (b) forward contract with a licensed onshore bank excluding a contract that involves:-

  • 4

    (i) the exchanging or swapping of ringgit or foreign currency debt obligation with another foreign currency debt obligation; or

    (ii) the exchanging or swapping of foreign currency debt obligation with a ringgit debt obligation; (c) performance guarantee or financial guarantee; (d) operational leasing facility; (e) factoring facility with recourse; (f) a credit facility or financing facility obtained by a resident individual from a resident to purchase one

    residential property and one vehicle; or (g) credit card and charge card facility obtained by a resident individual from a resident;

    5. Residents and Non-Residents comprise of: . “resident” means—

    (a) a citizen of Malaysia, excluding a citizen who has obtained permanent resident status in a country or a territory outside Malaysia and is residing outside Malaysia;

    (b) a non-citizen of Malaysia who has obtained permanent resident status in Malaysia and is ordinarily residing in Malaysia; (c) a body corporate incorporated or established, or registered with or approved by any authority, in Malaysia; (d) an unincorporated body registered with or approved by any authority in Malaysia; or (e) the Government or any State Government;

    “non-resident” means—

    (a) any person other than a resident; (b) an overseas branch, a subsidiary, regional office, sales office or representative office of a resident company; (c) Embassies, Consulates, High Commissions, supranational or international organizations; or (d) a Malaysian citizen who has obtained permanent resident status of a country or territory outside Malaysia and is

    residing outside Malaysia;

  • AMINVESTMENT BANK BERHAD

    APPLICATION FOR DISCRETIONARY FINANCING

    I/We, a client of AmInvestment Bank Berhad (“the Company”) with the particulars above, hereby apply for Discretionary Financing (“DF”) for my/our trading account maintained with the Company. I/We confirm

    that I/We have the financial ability to settle any amounts due or owing from me/us whether arising from

    or in respect of purchases of securities by me/us and/or contra losses incurred by me/us in this account.

    I/We understand that the Company is not obligated to approve my application herein. I/We hereby

    acknowledge receipt of the Terms and Conditions for Discretionary Financing and declare that I/we have read and I/we fully understood the contents therein which shall include variations, amendments,

    modifications, supplements, substitution and replacement made from time to time.

    I/We understand and agree that, in addition, all terms and conditions and agreements in respect of my/our

    existing trading/collateralized account(s) shall remain applicable and binding and that the Company may make such amendments or variations thereto in its sole and absolute discretion.

    I/We hereby irrevocably authorize the Company to utilize/drawdown my/our DF without any further notice/instruction/application from me/us if I/We fail to settle any of my/our outstanding purchase contracts

    by T+3. I/We shall be deemed to have given my/our notification/instruction/application to the Company under such circumstances to utilize/drawdown my/our DF facility and the Company may at its absolute

    discretion approve/reject such notification/instruction/application.

    I/We confirm that I/We have read and fully understood that my/our utilization of the DF facility shall also be

    subjected to the Terms and Conditions for Discretionary Financing as stipulated herein, and I/We accept and agree to be bound by the same.

    I/We further confirm that the Company has a lien and/or charge either directly, indirectly, constructively or in

    whatsoever form on any of my/our shares, cash and assets within the control of the Company.

  • TERMS AND CONDITIONS

    FOR DISCRETIONARY FINANCING

    1. Discretionary Financing (“DF”)

    1.1 DF allows a Client to effect settlement of the Client’s outstanding purchase position in

    relation to a contract between the t h i r d (3rd) market day following the contract date (T+3) and seventh (7

    th) market day following the contract date (T+7).

    1.2 DF may be made available to Retail Clients only for the purpose of trading on the stock

    market of Bursa Securities. DF shall only be utilized for a contract transacted as a Ready Basis Contract.

    1.3 Availability of DF is at the sole and absolute discretion of AmInvestment Bank Berhad

    (“the Company”).

    1.4 The Company reserves the right to determine the type of securities acceptable to the Company for DF. PN17 securities, PN4 securities, GN3 securities, suspended counters, warrants with lifespan of less than 3 months and AMMB Holdings Berhad securities are

    not acceptable for DF and the Company reserves the right to vary or substitute the list of non-acceptable securities for DF from time to time.

    2. Operation of DF

    2.1 There will be no change to the Client’s existing Securities Account or CDS account. DF

    will be used for the same existing Securities Account maintained with the Company.

    2.2 The Client will be required to deposit collateral in the form of cash and/or securities with

    the Company for the purpose of the DF and for trading on the stock market of Bursa Securities, and execute such documents as may be required by the Company from time to time including a Memorandum of Deposit of Securities in such form and substance as

    determined by the Company.

    2.3 The Client acknowledges that all existing instruments over the Charged Assets executed

    with the Company including any Memorandum of Deposit of Securities, shall remain

    applicable and binding, and the same shall also apply to the Indebtedness arising from the DF.

    2.4 Collateral securities shall be subject to such capping as determined by the Company

    from time to time.

    3. Settlement

    3.1 The Client irrevocably authorizes the Company to utilize/drawdown the DF without any

    further notice/instruction/application from the Client if the Client fails to settle any of its outstanding purchase contracts by T+ 2. The Client shall be deemed to have given its notification/instruction/application to the Company under such circumstances to utilize/drawdown the DF and the Company may at its absolute discretion approve or reject such notification/instruction/application.

  • 3.2 If DF is approved by the Company, the Client shall settle such outstanding purchase contracts no later than 12.30pm on the T+7, failing which the Company reserves the

    right to force sell on the eighth (8th) market day following the contract date without further

    reference to the Client.

    3.3 The Client shall ensure a financing ratio of not more than 75% of the Client’s collateral

    with the Company. The Company reserves the right to immediately force sell during T+3 to T+7 to below 70% if the value of the outstanding position exceeds 75% of the Client’s collateral.

    4. Settlement by way of Contra for approved DF

    4.1 Contra Trading

    Settlement of outstanding purchase contracts against outstanding sale positions of the same securities (counter) shall be at the sole and absolute discretion of the Company, and may be made until T+7.

    4.2 Auto Contra

    All sales contracts during the T+7 settlement period of a purchase contract for the same securities (counter) shall be executed automatically as a contra transaction on the day of

    the sale on a first in first out basis unless the Client has provided prior written instructions to instruct otherwise.

    4.3 Contra Losses

    Contra losses must be paid within 5 market days following the contra date. Late payment

    interest shall be charged on contra losses not settled by the 5th

    market day following the contra date at the rate of 12% per annum or at such other rate as may be determined by the Company from time to time.

    4.4 Contra Gain

    Payment of contra gains (after deduction of any outstanding contra losses and/or debit bills) to a Client will be made on every Monday following the contra date.

    5. Fees and Charges

    5.1 The Client agrees to pay DF interest at the rate of 8% per annum on all outstanding

    purchase contracts from T+3 to the date of settlement.

    5.2 All fees and charges in relation to the DF shall be borne by the Client as follows:

    (a) DF fee will be charged based on the value of the outstanding purchase contracts as

    below:

    0.3% for value below RM100,000.00;

    0.2% for value above RM100,000.00;

    subject to a minimum amount of RM10.00.

  • (b) All legal fees and other expenses incurred by the Company in enforcing its rights for the recovery of Indebtedness due by the Client to the Company; and

    (c) Any other fees and charges as may be determined by the Company from time to time.

    5.3 All fees, charges and interest will be off-set against any contra gains, deposits, sale

    proceeds and/or any monies standing to the credit of the Client’s account(s) with the Company.

    5.4 The Company reserves the right to vary the rate of the fees, charges and interest from

    time to time at its sole and absolute discretion.

    6. Termination

    6.1 The Company may at any time withdraw the DF with notice to the Client without having

    to assign any reasons thereto.

    6.2 The DF shall be deemed terminated upon any termination or closure of the Client’s

    Securities Account for any reasons whatsoever.

    6.2 Upon withdrawal or termination of the DF, all Indebtedness pursuant to the DF shall become repayable immediately by the Client upon demand.

    7. Non-Contravention

    7.1 For Individuals

    The Client confirms that to the best of the Client’s knowledge:

    (a) the Client is not a Close Relative to any:

    1) Director,

    2) Controlling Shareholder,

    3) Executive Officer, 4) Credit Officer,

    of the Company, or any of the Company’s subsidiaries or entities controlled by the Company (collectively referred to as the Company)

    (b) the Client has no control over the Bank’s Directors, Controlling Shareholders,

    Executive Officers and Credit Officers and their Close Relatives.

    7.2 For Corporations

    The Client confirms that to the best of the Client’s knowledge:

    (a) the Client’s director(s) is/are not a Close Relative to any:

    1) Director, 2) Controlling Shareholder,

    3) Executive Officer, 4) Credit Officer,

    of the Company, or any of the Company’s subsidiaries or entities controlled by the

    Company (collectively referred to as the Company)

  • (b) it has no control over the Bank’s Directors, Controlling Shareholders, Executive Officers

    and Credit Officers and their Close Relatives.

    (c) none of the Bank’s Directors, Controlling Shareholders, Executive Officers and Credit

    Officers and their Close Relatives are interested as Director, Partner, Executive Officer, Agent of or Guarantor for the Client, its holding company and/or its ultimate holding company.

    7.3 The Client shall forthwith inform the Company if the above is otherwise and shall provide

    the Company with the names of the connected parties and their relationship thereto.

    7.4 The capitalized terms in italics in Clauses 7.1 and 7.2 above shall have the same meanings as contained in Bank Negara Malaysia Garis Panduan 6 (Revised) “Guidelines on Credit Transactions and Exposures with Connected Parties” (as may be amended, modified, supplemented or substituted from time to time).

    8. General

    8.1 Interpretation and Definitions

    This Terms and Conditions shall form part of and be read together with the Securities Trading Application Form and the Terms and Conditions for Securities Trading as may be amended, modified, supplemented or substituted from time to time (collectively

    referred to as “Securities Trading Terms and Conditions”).

    Capitalized terms used in this Terms and Conditions, unless otherwise stated, shall have the same meaning as defined in the Securities Trading Terms and Conditions or the Rules of the Bursa Securities, as the case may be.

    8.2 Changes

    This terms and conditions may be amended, modified, supplemented or substituted by

    the Company in accordance with the provisions of the Securities Trading Terms and Conditions.

    8.3 Law

    This Terms and Conditions shall be governed by and construed in accordance with the

    laws of Malaysia and the parties hereby irrevocably agree to submit to the non-exclusive jurisdiction of the Courts of Malaysia.

  • LEAP MARKET RISK DISCLOSURE STATEMENT

    (1) The LEAP Market is aimed at facilitating access to the capital market by small or medium sized enterprises (“SMEs”) to which a higher investment risk may be attached. This market is a qualified market meant for sophisticated investors only, i.e. those who qualify under Part I of Schedules 6 and 7 of the Capital Markets and Services Act 2007 (“CMSA”). The issue or offer of securities on the LEAP Market is based on an information memorandum, and not a full prospectus registered with the Securities Commission Malaysia under section 233 of the CMSA. In the LEAP Market, sophisticated investors will have the full responsibility for evaluating the disclosed information, as well as the merits and risks of investing.

    (2) The purpose of this statement is to inform you that apart from the normal risks involved in trading in securities,

    trading securities in the LEAP Market comes with other additional risks. You should NOT invest in the securities offered unless you are a sophisticated investor and you fully understand and are prepared to take the risks. You should assess whether the purchase of the securities is suitable for you in light of your knowledge, financial means, investment objectives and the risks you are prepared to take. The risks of investing in such securities include but are not limited to the following:

    (i) Small Companies Generally, the listed companies on the LEAP Market are smaller than the listed companies on the ACE Market or Main Market and may not have a proven track record in terms of operating history or profit track record. Hence, you should be aware that there is a higher risk of business failures which may adversely impact your investments should you choose to invest.

    (ii) Minimum Requirements on Disclosure and Governance

    The LEAP Market has a regulatory framework on disclosure and post-listing requirements appropriate for sophisticated investors only. This framework may be less prescriptive than that in the ACE Market or Main Market. The listed companies on the LEAP Market are required to provide only key information about its business plan, operations and financial information. This may affect your ability to make fully informed investment decisions.

    (iii) Liquidity Risks

    As a market limited to sophisticated investors only, the LEAP Market may not have the trading activities or liquidity of the ACE Market or Main Market. You may not be able to exit your investment as easily as in the ACE Market or Main Market. Limited trading activities or illiquidity in the LEAP Market may increase the risk of loss by making it difficult to effect transactions or sell the LEAP Market securities.

    (3) This brief statement cannot disclose all the risks and other significant aspects of trading securities in the LEAP Market. You should understand the key characteristics, business plan and financial information of the companies listed on the LEAP Market thoroughly and carefully study all the risks associated with securities in the LEAP Market and/or seek independent professional advice before you decide to invest.

    ACKNOWLEDGEMENT OF RECEIPT OF THIS RISK DISCLOSURE STATEMENT

    * We / I acknowledge and understand the contents of LEAP MARKET RISK DISCLOSURE STATEMENT.

    * We / I further declare that * we are/ I am qualified as a Sophisticated Investor with * our Company’s total net assets exceeding RM10 million / personal net assets exceed RM 3 million / a gross annual income exceeding RM300,000 and the information provided on the 2nd page of this risk disclosure statement are true and accurate.

  • LEAP MARKET RISK DISCLOSURE STATEMENT Page 2

    Definition of Sophisticated Investors

    High net-worth individual

    High net-worth entity

    An Individual

    1. whose total net personal assets, or total net joint assets with his or her spouse, exceed three million ringgit or its equivalent in foreign currencies, excluding the value of the individual’s primary residence;

    2. who has a gross annual income exceeding three hundred thousand ringgit or its equivalent in foreign currencies per annum in the preceding twelve months; or

    3. who, jointly with his or her spouse, has a gross annual income exceeding four hundred thousand ringgit or its equivalent in foreign currencies per annum in the preceding twelve months.

    1. (a) Company that is registered as a trust company under the

    Trust Companies Act 1949 which has assets under management exceeding ten million ringgit or its equivalent in foreign currencies; or

    (b) A corporation that is a public company under the Companies Act 1965 which is approved by the Commission to be a trustee under the Act and has assets under management exceeding ten million ringgit or its equivalent in foreign currencies.

    2. (a) A corporation with total net assets exceeding ten million ringgit or its equivalent in foreign currencies based on the last audited accounts; or

    (b) A partnership with total net assets exceeding ten million ringgit or its equivalent in foreign currencies

    3. A statutory body established by an Act of Parliament or an enactment of any State.

    4. A pension fund approved by the Director General of Inland Revenue under section 150 of the Income Tax Act 1967 [Act 53].

  • Re: Appointment Of An Agent To Operate The Securities Trading Account

    ________________________________________________________________________________

    I hereby appoint AmBank (M) Berhad (AmBank) as my agent to operate my securities trading

    account on my behalf. I hereby authorise AmBank to give instructions, place orders and transact

    (whether in writing, verbally or electronically) on my behalf, and, I hereby undertake that all such

    instructions or orders placed by AmBank will be fully honoured by me. You shall be entitled to

    accept and act on all instructions, orders given, made or issued by AmBank. However, I hereby

    agree that the said securities trading account will be subject to terms and conditions for securities

    trading imposed (already executed by me) or to be imposed by the Company including without

    limitation credit limit imposed on my trading activities and/or the dealer’s representative’s trading

    activities.

    I hereby further agree that, as investment in Securities involves risk, the Company shall have the

    right at any time to limit purchases or sales requested or ordered by AmBank. I also agree that the

    Company shall not be liable for any loss (actual or contingent) arising from any limit on purchases

    or sales requested or ordered by AmBank.

    In addition, I hereby agree and undertake to fully indemnify you at all times and keep you fully and

    effectually indemnified against all claims and demands, actions and proceedings and losses and

    expenses including any legal costs and all other liabilities of whatsoever nature or description which

    may be made or taken or incurred or suffered by you in connection with the abovementioned

    actions(s) whether directly or indirectly or consequential or in whatever manner.

    I declare that this authorisation shall remain valid until written notice to revoke such authority is

    given by me to you and duly acknowledged by you or any of your authorised officers.

    I shall at all times abide by all laws, by-laws, regulations, rules, orders, directives prescribed by

    regulators relating to trading activities with the Company and to all matter herein including without

    limitation to the rules of the Bursa Malaysia Securities Berhad and other recognised exchanges and

    includes any additions, amendments or revisions that may from time to time be introduced and

    enforced.

    Thank you.

  • BBB/STA/V 2014 1

    To: AmBank (M) Berhad (Company No. 8515-D)

    (formerly known as AmFinance Berhad)

    22nd Floor, Bangunan AmBank Group,

    55, Jalan Raja Chulan,

    50200 Kuala Lumpur.

    1. Purpose of Arrangement

    1.1. I, the undersigned, whose name, address and other particulars are as set out in Part 1 of the Schedule hereby request you to arrange for the sale or purchase of securities belonging to me, for me or on my behalf through a licensed dealer whose name and address are as set-out in Part 2 of the Schedule (“the Arrangement’) .

    1.2. I understand and agree that the arranging for the sale or purchase of securities belonging to me, for me or on my behalf by you shall be upon the terms and conditions contained in this Securities Trading Arrangement Letter (“Arrangement Letter”), which may be amended from time to time by you subject to any applicable laws, rules and regulations.

    1.3. I hereby agree that no variation or amendment of this Arrangement Letter shall bind you unless agreed to in writing by you.

    2. Conditions Precedent

    2.1. This Arrangement is conditional upon the fulfillment in a manner satisfactory to you of the following:-

    2.1.1. The opening of a savings account or a current account with you to facilitate settlement of my purchase and sales contracts with you and the licensed dealer (“Bank Account”), which particulars are contained in Part 3 of the Schedule.

    2.1.2. The application to the licensed dealer and the Bursa Malaysia Depository Sdn Bhd to open account(s), for me to trade in securities through the licensed dealer (“Trading Account”) is approved by the licensed dealer and the Bursa Malaysia Depository Sdn Bhd. I understand that the approval is at the discretion of the licensed dealer and the Bursa Malaysia Depository Sdn Bhd. In connection therewith, I am required to execute such documents as may be required by the licensed dealer and the Bursa Malaysia Depository Sdn Bhd simultaneously with the execution of this Arrangement Letter.

    2.1.3. The execution and or furnishing of any other documents and/or information required or deemed necessary for purposes of complying with any applicable laws in relation to this Arrangement.

    3. Settlement of Trading Account

    3.1. I hereby agree and acknowledge that upon the fulfillment of the conditions as stated in paragraph 2 above, you shall be expressly authorised to, inter alia:

    3.1.1. receive all sales proceeds, contra gains and any other payments payable by the licensed dealer to me in relation to the Trading Account and deposit or direct/authorise/procure the deposit of all such sales proceeds, contra gains and any other payments payable by the licensed dealer to me into the Bank Account.

    3.1.2. liquidate by withdrawals from the Bank Account and utilise the proceeds therefrom to settle all purchase contracts, fees, contra losses and any other charges owing by me in relation to the Trading Account.

    SECURITIES TRADING ARRANGEMENT LETTER

  • BBB/STA/V 2014 2

    4. Payments

    4.1. Payments by me or on my behalf to the licensed dealer shall be made to such bank account of the licensed dealer as may be designated by the licensed dealer from time to time. When making such payments, my name, client code, contract number and nature of the payment shall be identified clearly on the reverse side of the cheque/draft or any bank-in slip, as the case may be.

    4.2. Upon making the payments into the designated bank account of the licensed dealer, I shall immediately advise you thereof and shall forward a copy of the bank-in slip to you.

    4.3. I hereby agree and undertake to pay to you promptly such fees, charges, costs and expenses

    as may be imposed by you from time to time and notified to me in connection with the provision of the services herein.

    5. Functions.

    5.1. You are hereby authorised to do and execute any and all things and documents and carry out all or any of the functions, that I would be entitled to in relation to the Trading Account and Bank Account, including but not limited to, the following:

    5.1.1. to request the licensed dealer to withhold /defer the selling out of shares in anticipation of receipt of proceeds from sales of shares or other sources as may be instructed to you provided that approval of such request shall be at the discretion of the licensed dealer;

    5.1.2. to arrange or request for withdrawal/transfer of shares from the Trading Account to any other trading account(s) of mine in accordance with my instructions;

    5.1.3. to issue, communicate, convey and/or transmit such instructions, notices, requests, orders and/or demands as may be necessary, in relation to this Arrangement Letter;

    5.1.4. to obtain, receive information and/or make any balance enquiries relating to any account, including but not limited to the Bank Account or the Trading Account in respect of any securities of any company to facilitate the sale and/or purchase of securities; and

    5.1.5. generally, to act on and give effect to my instructions and to do, carry out and/or perform any or all actions whatsoever which I may have the power to do, carry out or perform in relation to the Trading Account and the Bank Account.

    6. Instructions

    6.1. I hereby expressly authorise you to rely on and act pursuant to and in accordance with any instruction: -

    6.1.1. in writing whether sent by post or given by telex, facsimile or electronic transmission given or purported to be given by me or my authorised signatory or representative; or

    6.1.2. given orally, whether by telephone or otherwise, if given or purportedly to be given by me or under the instruction of my authorized signatory or representative, but you are not obliged and nothing herein obliges you to act on any oral instructions and may request information which confirms the identity and authority of the person giving the instructions.

    and you may rely and act in good faith in accordance with the said instructions without inquiry as to the authority, identity of the person so instructing or the authenticity of or requesting for the original of any document so transmitted and of the purported signatories thereof.

    6.2. You may at your sole discretion (without being obliged to) verify the authenticity or validity of any instructions, or request clarification in respect of any instruction which is or which you deem

  • BBB/STA/V 2014 3

    ambiguous, and shall not be obliged to act pending such clarification or if in your opinion, there are grounds for doing so, which grounds shall include but are not limited to the following:

    6.2.1. if it is contrary to this Arrangement Letter or any applicable law;

    6.2.2. if it is, in your opinion, unlawful, incomplete, ambiguous or unclear;

    6.2.3. if you reasonably suspect that I am in breach of any provision of this Arrangement Letter;

    6.2.4. if you have grounds to doubt that the instructions are genuine;

    6.2.5. if insufficient documents or information have been provided for you to act; or

    6.2.6. if the Trading Account or the Bank Account is suspended or closed.

    6.3. I agree not to withdraw, cancel, vary or revoke any instructions when such instruction has been acted upon or accepted by you or any of your employees or officers.

    6.4. You may (but shall not be obliged to) record all communications between us and, in the event of a dispute as to the content/substance of a communication, I agree that any such recording may be adduced as evidence and shall be conclusive evidence of the content/substance of the communication.

    7. Good Faith & Due Care

    7.1. I agree that you, your directors, officers, employees or agents may, at your discretion, accept and act on instructions which you believe to have emanated from me or my authorised representative and agree that so long as you act in good faith and exercise due care, such instructions shall be binding on me and you, your directors, officers, employees or agents shall not be liable for and are hereby discharged from any liability for any loss or damage incurred or suffered or for any action taken or omitted or purported to be taken or omitted in connection with this Arrangement Letter unless caused by your gross negligence or willful misconduct.

    7.2. You shall not be liable for all and any loss, damage, expense, liability, cost or claim whatsoever and howsoever caused or arising from any delay in the execution of my instructions or order due to any reason whatsoever.

    8. Information Disclosure

    8.1. I agree, confirm my agreement and expressly consent to your doing the following without further notification or concurrence from or notice to me:-

    8.1.1. to disclose to the Bank Negara Malaysia, Securities Commission, Bursa Malaysia Securities Berhad and any other governmental agency or other authority having jurisdiction over you or me, any information relating to this Arrangement Letter including any credit facility (if applicable);

    8.1.2. to disclose to the party furnishing security (where applicable) for or in connection with the Trading Account any information relating to this Arrangement Letter, the Bank Account including any credit facility (if applicable) and the security therefor;

    8.1.3. to disclose information on me, my business including the status of this Arrangement Letter, the Trading Account and the Bank Account to any person(s) within the AmBank Group, the Syariah Advisor (if applicable), professional advisers, auditors, bankers, consultants (including information technology consultants) of AmBank Group and to authorise any such person(s) within the AmBank Group and the Syariah Advisory (if applicable) to make such disclosure to the others of them and to you in connection with this Arrangement Letter, the Trading Account and the Bank Account Provided That you, the Syariah Advisor and such person(s) shall take due care to ensure such information shall remain confidential amongst yourselves.

  • BBB/STA/V 2014 4

    8.2. I hereby agree and undertake irrevocably and unconditionally to disclose and furnish to you any information required or deemed necessary and to your satisfaction in a timely manner within the period specified by you, whether or not for purposes of complying with laws, rules, regulations, directives and guidelines of any regulatory authority and or made or established by you. Pending receipt of such information from me and until received and verified to your satisfaction and or the relevant authorities, you shall not be obliged to proceed with any instructions placed/given by me.

    8.3. Privacy

    8.3.1 I hereby confirm that I have read, understood and agreed to be bound by the Privacy Notice of AmBank Group, (which is available at www.amequities.com.my) and the clauses herein, as may relate to the processing of my personal information. For the avoidance of doubt, I agree that the said Privacy Notice shall be deemed to be incorporated by reference into this Agreement.

    8.3.2 In the event I provide personal and/or financial information relating to third parties, including information relating to my next-of-kin and dependents (for individual Client) or information relating to its directors, shareholders, officers, individual guarantors and security providers (for Client which is a corporation), for the purpose of opening or operating the Facility with AmBank and/or the Custodian or otherwise subscribing to AmBank and/or the Custodian products and services, I:

    a. confirm that I have obtained their consent or are otherwise entitled to provide the information to AmBank and/or the Custodian and for AmBank and/or the Custodian to use it in accordance with this Agreement;

    b. agree to ensure that the personal and financial information of the said third parties is

    accurate;

    c. agree to update AmBank and/or the Custodian in writing in the event of any material change to the said personal and financial information; and

    d. agree to AmBank and/or the Custodian’s right to terminate the Facility should such consent be withdrawn by any of the said third parties

    8.3.3 Where I instruct AmBank and/or the Custodian to effect any sort of cross-border transaction (including to make or receive payments), the details relevant to the cross-border transaction (including information relating to those involved in the said transaction) may be received from or sent abroad, where it could be accessible (whether directly or indirectly) by AmBank and/or the Custodian’s agents abroad, overseas regulators and/or authorities in connection with their legitimate duties (e.g. the prevention of crime). In instructing AmBank and/or the Custodian and/or our agents to enter into any cross-border transaction on my behalf, I agree to the above said disclosures on my behalf and others involved in the said cross-border transaction.

    8.3.4 Additionally, but always subject to any laws, (including regulations, guidelines and/or

    obligations) applicable to AmBank and/or the Custodian (whether in or outside Malaysia), I agree that other companies in the AmBank Group, their merchants and strategic partners may contact me about products, service