MCX-SX NSE Currency_Non-Individual
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Transcript of MCX-SX NSE Currency_Non-Individual
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Marketing Executive: Code Name:
Relationship Manager: Code Name:
Branch/FAN: Code Name:
Tele-marketing/Lead : Code Name:
CHOOSE TRADING INTERFACE(Tick any one)
Investor Terminal Trader Terminal 2005
ODIN Diet Branch ODIN
Audit By: Data Entry By:
Authorised By: Checked By:
Please note that the mode of payment should be only by way of cross Cheque or Demand Draft. Demand Draft will be issued in name INDIA INFOLINE LTD. - (Login ID of the client). No cash receipts/payments will be entertained for any transactions made by the client. IIL will nbe responsible for any kind of claims raised by the clients regarding payment made in cash.
This is to certify that I have carried out in person verification in respect of client(s) mentioned in the KYC form submitfor opening of demat account. (Only the employee of the company should do in-person verification & no otperson should sign the same)
Name of the Employee : Employee Code :
Branch/Authorised Service Centre : Signature of Employee :
Date : Place :
SIGNATURE OF CLIENTS 1 14
IN PERSON VERIFICATION DETAILS
ACCOUNT DETAILS
LOGIN ID CLIENT ID WIRE ID
Client Name
Trading Software ODIN ID
INITIAL MARGIN Cash: Securities:
Bank Name: Expected value:
Cheque No.: Details:
Amount Rs.:
This information is the sole property of the trading member / brokerage house and would not be disclosed to anyunless required by law or in case of express permission of clients.
To,
TRADING MEMBER'S CLEARING MEMBER'S
Name Name
Address Address
Telephone Telephone
SEBI Registration No.: INE231097537 SEBI Registration No.: INE231097537
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NAMES OF PROMOTERS/ PARTNERS/ KARTA AND RESIDENTIAL ADDRESS
Type of Entity: Body Corporate Partnership Bank FI FII OCB Trust Clearing Member
Mutual Fund Clearing House Other (please specify)
Sub Status
Name of the company / firm
Sole/First Holders Name (Mr./Ms.)
Father/Husbands Name (Mr.)
Constitution
Registered Office address
City
State Pin Code Country Tel.(O)
Fax/ Telex E-mail
Address for correspondence
CityState Pin Code Country Tel.(O)
Fax/ Telex Date of incorporation/ formation D D M M Y Y Y Y
Date of commencement of business D D M M Y Y Y Y Details of PAN
Nature of Business
Registration number (with ROC, SEBI or any government authority)
PERSONAL DETAILS OF THE CLIENT (Please fill details in BLOCK letters)
Name of Promoter/ Partner/ Karta
Residential address
City State
Pin Code Country Tel. Mobile
Name of Promoter/ Partner/ Karta
Residential address
City State
Pin Code Country Tel. Mobile
Name of Promoter/ Partner/ Karta
Residential address
City State
Pin Code Country Tel. Mobile
Name of Promoter/ Partner/ Karta
Residential address
City State
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NAMES OF WHOLE TIME DIRECTORS AND RESIDENTIAL ADDRESS
Name of whole time director
Residential address
City State
Pin Code Country Tel. Mobile
Name of whole time director
Residential address
City State
Pin Code Country Tel. Mobile
Name of whole time director
Residential address
City State
Pin Code Country Tel. MobileName of whole time director
Residential address
City State
Pin Code Country Tel. Mobile
Name of whole time director
Residential address
City State
Pin Code Country Tel. Mobile
Pin Code Country Tel. Mobile
Name of Promoter/ Partner/ Karta
Residential address
City State
Pin Code Country Tel. Mobile
Name of authorized person
Residential address
City State Pin Code Country
NAMES AND DESIGNATION OF PERSONS AUTHORIZED TO DEAL IN SECURITIES INCLUDINGDERIVATIVES ON BEHALF OF THE COMPANY/ FIRM/ OTHERS AND THEIR RESIDENTIAL ADDRE
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BANK ACCOUNT DETAILS
Bank Name (through which transactions will generally be routed)
Branch Address
City PIN Code Tel.
Bank A/c No. A/c Type : Savings Current Others
(Copy of a cancelled Cheque leaf/ Pass Book/ Bank Statement containing name of the constituent should be submitted.)
Investment/ Trading Experience: No Prior Experience Years in Stocks
Years in Derivatives Years in Other investment related fields
TRADING PREFERENCE:
A. Stock Exchanges on which you wish to trade (if the member is registered for such Exchanges):NSE MCX-SX
B. Market segments you wish to trade (if the member is registered for such segment):
Capital Market Segment F & O Segment
Debt Market Segment Currency Derivatives Segment
WHETHER REGISTERED WITH ANY OTHER BROKER-MEMBER: (if registered with multiple members, provide details of all)
Name of Broker
Name of Exchange Client Code (as given by the other broker)
First Middle Last
Tel. Mobile Designation
Name of authorized person
Residential address
City State Pin Code Country
Tel. Mobile Designation
Name of authorized person
Residential address
City State Pin Code Country
Tel. Mobile Designation
Name of authorized person
Residential address
City State Pin Code Country
Tel. Mobile Designation
Details of any action taken by SEBI/ Stock exchange/ any other authority against the constituent or its parners/ promoters/ whole time directors/ authorized persons in charge of dealing in securities for violation osecurities laws/ other economic offences:
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AUTHORISED SIGNATORY(with company seal)
Name
Place: Date: D D M M Y Y Y Y
214
DECLARATION
The Terms and Conditions pertaining to the India InfolineTrading Account & Beneficiary Account which are in force
now, have been read by me/us. I/ We understood the sameand I/ We agree to abide by and to be bound by the rules asare in force from time to time for such accounts. I/ We herebydeclare that the details furnished above are true and correctto the best of my/ our knowledge and belief and I undertaketo inform you of any changes there in immediately.
I/ We have read and understood Schedule of Charges andagrees that my/ our opening of the India Infoline Trading issubject to the payment of these charges. I/ We agree thatthe charges as stated herein may be modified/revised andI/ We agree to pay the charges including any modification/revision thereto from time to time.
I/ We hereby authorise India Infoline Ltd., to debit all therelated charges to my/ our India Infoline Trading Account.
I hereby declare that the details furnished above are trueand correct to the best of my knowledge and belief and Iundertake to inform you of any changes therein immediatelyIn case any of the above information is found to be false or
untrue or misleading or misrepresenting I am aware thamay be held liable for it.
I/ We have not withheld any information. I/ We confithat I/ We have had no insolvency initiated against me/nor have I/ We ever been adjudicated insolvent. I/ We haread the application form and brochures and am/ are awof all the terms and conditions of availing the said servifrom India Infoline Ltd. I/ We authorise India Infoline Ltany other Group Company or their agents to make referenand enquiries relating to the information in this applicatwhich may be considered necessary by them. I/ Wundertake to inform immediately India Infoline Ltd., aother Group Company and their agents regarding changin my/ our residence/employment and to provide any su
further information as they may require. I/ We agree thmy/ our execution of any order though shall be governby and be subject to the terms provided in this Agreemeand the Terms and Conditions as may directed on frotime to time. India Infoline Ltd. reserves the right to rejeany declaration without providing any reason forwhatsoever.
REFERENCES
INTRODUCTION: Introduced by another constituent director or employee of trading member any other
person (please specify)
Name of the Introducer
SIGNATURE PAN of introducer, if any
NAME AND DESIGNATION OF THE EMPLOYEE WHO INTERVIEWED THE CLIENT:
Name
Designation
SIGNATURE OF THE EMPLOYEE
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WHEREAS
he trading member is registered as the trading member of
he Exchange with SEBI registration numberINB231097537
n the Capital Market Segment; SEBI registration numberNF231097537in the F and O Segment and SEBI registration
umber INE 231097537 in the Currency Derivatives Segment.
Whereas the client is desirous of investing/trading in those
ecurities / contracts / other instruments admitted to dealings
on the Exchange as defined in the Rules, Byelaws and
Regulations of the Exchange and circulars issued there under
rom time to time.
Whereas the client has satisfied itself of the capacity of the
rading member to deal in securities and / or deal in equity /
urrency derivatives contracts and wishes to execute its orders
through the trading member and the client shall from time
time continue to satisfy itself of such capability of the tradin
member before executing orders through the trading memb
Whereas the trading member has satisfied and shacontinuously satisfy itself about the genuineness and financ
soundness of the client and investment / trading objectiv
relevant to the services to be provided; and
Whereas the trading member has taken steps and shall ta
steps to make the client aware of the precise nature of th
trading member's liability for business to be conducte
including any limitations, the liability and the capacity
which the trading member acts.
Whereas the trading member and the client agree to b
his Agreement is made and entered at CHENNAI
on this [ ] day of [ ] 20 between
M/S.INDIA INFOLINE LTD., a body corporate incorporated under the provisions of the Companies Act, 1956, beingmember of the National Stock Exchange of India Ltd. (hereinafter called "the Exchange"), and having its registered office a
NDIA INFOLINE LTD., IIFL House, Sun Infotech Park, Road No. 16V, Plot No. B-23, Thane Industrial Area, Wagle Estat
hane - 400 604 and Processing Office at India Infoline Towers, No.143, M.G.R. Road, 3rd Floor, Central Processing Un
CPU), Perungudi, Near Life Line Hospital, Chennai - 600 096 ( (hereinafter called "the trading member") which expressio
hall, unless repugnant to the context or meaning thereof, be deemed to mean and include himself in the capacity of
rading member while trading in the Currency Derivatives Segment, his/her heirs, executors, administrators and leg
epresentatives/the partners for the time being of the said firm, the survivor or survivors of them and their respective heir
xecutors, administrators and legal representatives/its successors, as the case may be, of the One Part;AND
Mr./Ms/M/s , an individual/a sole proprietary concern/a partnership firm
body corporate, registered/incorporated, under the provisions of the Indian Partnership Act, 1932/the Companies Ac956, having his/her/its residence/ registered office at
(hereinafter called "the client") which expression shall, unless repugnant
he context or meaning thereof, be deemed to mean and include his/her heirs, executors, administrators and leg
epresentatives/the partners for the time being of the said firm, the survivor or survivors of them and their respective hei
xecutors, administrators and legal representatives/its successors, as the case may be, of the Other Part;
AGREEMENT BETWEEN STOCK BROKER AND CLIENT - NSE
4
3
To be stamped with Rs.20/- Stamp Paper
Continued on page
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bound by all the Rules, Byelaws and Regulations of the
Exchange and circulars issued there under and Rules and
Regulations of SEBI and relevant notifications of Government
authorities as may be in force from time to time.
Now, therefore, in consideration of the mutual understanding
as set forth in this agreement, the parties thereto have agreed
to the following terms and conditions:
1. The client agrees to immediately notify the trading
member in writing if there is any change in the
information in the 'client registration form' provided by
the client to the trading member at the time of opening
of the account or at any time thereafter.
2. The trading member declares that it has brought the
contents of the risk disclosure document to the notice
of client and made him aware of the significance of the
said document. The client agrees that:
a.He has read and understood the risks involved in
trading on a stock exchange.b.He shall be wholly responsible for all his decisions and trades.
c. The failure of the client to understand the risks involved
shall not render a contract as void or voidable and the
client shall be and shall continue to be responsible for
all the risks and consequences for entering into trades
in the segment
d.He is liable to pay applicable initial margins,
withholding margins, special margins or such other
margins as are considered necessary by the trading
member or the Exchange or as may be directed bySEBI from time to time as applicable to the segment.
The trading member is permitted in its sole and
absolute discretion to collect additional margins (even
though not required by the Exchange, Clearing House
/ Clearing Corporation or SEBI) and the client shall be
obliged to pay such margins within the stipulated time.
e. Payment of margins by the client does not necessarily
imply complete satisfaction of all dues. In spite of
consistently having paid margins, the client may, on the
closing of its trade, be obliged to pay (or entitled to receive)
such further sums as the contract may dictate / require.3. The Client agrees to pay to the trading member brokerage
and statutory levies as are prevailing from time to time and
as they apply to the Client's account, transactions and to
the services that trading member renders to the Client.
4. The trading member agrees that it shall not charge
brokerage more than the maximum brokerage
permissible as per the rules, regulations and bye -laws of
the relevant stock exchange / SEBI.
5. The client agrees to abide by the exposure limits, if any,
set by the trading member or by the Exchange or Clearing
Corporation or SEBI from time to time.
6. Without prejudice to the trading member's other r
(including the right to refer a matter to arbitration),
trading member shall be entitled to liquidate / close
all or any of the client's positions for non-paymen
margins or other amounts, outstanding debts, etc.
adjust the proceeds of such liquidation / close out, if
against the client's liabilities / obligations. Any and all lo
and financial charges on account of such liquidat
closing-out shall be charged to and borne by the clie
7. The trading member agrees that the money / secu
deposited by the client shall be kept in a separate acco
distinct from his / its own account or account of
other client and shall not be used by the trading mem
for himself / itself or for any other client or for any pur
other than the purposes mentioned in SEBI Rules
Regulations circulars / guidelines / Exchange's Ru
Regulations / Byelaws and circulars.8. The client agrees to immediately furnish informatio
the trading member in writing , if any winding up pet
or insolvency petition has been filed or any winding
or insolvency order or decree or award is passed aga
him or if any litigation which may have material bea
on his capacity has been filed against him.
9. The trading member agrees to inform the client and
him apprised about trading / settlement cycles, deliv
payment schedules, any changes therein from time to t
and it shall be the responsibility in turn of the client to co
with such schedules / procedures of the stock exchang
10. In the event of death or insolvency of the client or
its otherwise becoming incapable of receiving and pa
for any contracts which the client has ordered to
bought or sold, or of delivering or transferring secur
the trading member may close out the transactio
the client and claim losses, if any, against the estat
the client. The client or his successors, heirs and ass
shall be entitled to any surplus which may result t
from.
11. The client and the trading member agree to referclaims and / or disputes to arbitration as per the Ru
Byelaws and Regulations of the Exchange and circ
issued there under as may be in force from time to t
12. The trading member hereby agrees that he shall en
faster settlement of any arbitration proceedings ar
out of the transactions entered into between him
the client and that he shall be liable to implement
arbitration awards made in such proceedings.
13. Information about default in payment / delivery
related aspects by a client shall be brought to the no
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of the relevant stock Exchange(s). In case where
defaulting client is a corporate entity / partnership /
proprietary firm or any other artificial legal entity, then
the name(s) of director(s) / promoter(s) / Partner(s) /
proprietor as the case may be, shall also be
communicated to the relevant stock exchange(s).
4. The trading member and the client agree to reconcile
their accounts at the end of each quarter with reference
to all the settlements where payouts have been declared
during the quarter.
5. The trading member and the client agree to abide by
any award passed by the Ombudsman under the SEBI
(Ombudsman) Regulations, 2003.
6. The trading member and the client declare and agree that
the transactions executed on the Exchange are subject to
Rules, Byelaws and Regulations and circulars issued there
under of the Exchange and all parties to such trade shall
have submitted to the jurisdiction of such court as maybe specified by the Byelaws and Regulations of the
Exchange for the purpose of giving effect to the provisions
of the Rules, Byelaws and Regulations of the Exchange
and the circulars issued there under.
7. The instructions issued by an authorized representative,
if any, of the client shall be binding on the client in
accordance with the letter authorizing the said
representative to deal on behalf of the said client.
8. Where the Exchange cancels trade(s) suo moto all such
trades including the trade/s done on behalf of the client
shall ipso facto stand cancelled.
9. This agreement shall forthwith terminate; if the trading
member for any reason ceases to be a member of the stock
exchange including cessation of membership by reason of
the trading member's default, death, resignation or
expulsion or if the certificate issued by the Board is cancelled.
0. The trading member and the client shall be entitled to
terminate this agreement without giving any reasons to
the other party, after giving notice in writing of not less
than one month to the other parties. Notwithstanding
any such termination,
all rights, liabilities and obligations of the parties arisin
out of or in respect of transactions entered into prior
the termination of this agreement shall continue
subsist and vest in / be binding on the respective parti
or his / its respective heirs, executors, administrators, leg
representatives or successors, as the case may be.
21. In addition to the specific rights set out in this Agreemen
the trading member and the client shall be entitled
exercise any other rights which the trading member
the client may have under the Rules, Bye-laws an
Regulations of the Exchange and circulars issued the
under or Rules and Regulations of SEBI.
22. Words and expressions which are used in this Agreemen
but which are not defined herein shall, unless the conte
otherwise requires, have the same meaning as assigne
thereto in the Rules, Byelaws and Regulations of th
Exchange and circulars issued there under.
23. The provisions of this agreement shall always be subjeto Government notifications, any rules, regulation
guidelines and circulars issued by SEBI and Rule
Regulations and Bye laws of the relevant stock exchang
that may be in force from time to time.
24. The trading member hereby undertakes to maintain th
details of the client as mentioned in the client registratio
form or any other information pertaining to the client
confidence and that it shall not disclose the same to a
person / authority except as required under any law
regulatory requirements; Provided however that th
trading member may so disclose information about his client to any person or authority with the expre
permission of the client.
This agreement can be altered, amended and /or modifie
by the parties mutually in writing without derogating fro
the contents of this Agreement.
Provided however, if the rights and obligations of the parti
hereto are altered by virtue of change in Rules and regulatio
of SEBI or Bye-laws, Rules and Regulations of the releva
stock Exchange, such changes shall be deemed to have bee
incorporated herein in modification of the rights anobligations of the parties mentioned in this agreement.
IN WITNESS THEREOF the parties to the Agreement have caused these presents to be executed as of the day and year first above written.Signed for and on behalf of INDIA INFOLINE LTD. Signed on behalf of CLIENT
By: By:
Title: Title:
Witness: Witness:
Witness: Witness:
NOTE:All references to the specific quantity/rate/fee mentioned in this agreement are subject to change from time to time, as so agreed to in writing between the parties.
SIGNATURE:
NAME OF THE CLIENT
SIGNATURE:
INDIA INFOLINE LTD.
51
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This Agreement is made and executed at on this [ ] day of [ ] 20 between India Info
Limited a body corporate, incorporated under the provisions of the Indian Partnership Act, 1932 / the Companies 1956, being a member of the MCX Stock Exchange Ltd. (hereinafter called "the Exchange"), and having his/ her/ its regist
office at IIFL House, Sun Infotech Park, Road No. 16V, Plot No. B-23, MIDC, Thane Industrial Area, Wagle Estate, Tha
400 604 and Processing Office at India Infoline Towers, No.143, M.G.R. Road, 3rd Floor, Central Processing Unit (C
Perungudi, Near Life Line Hospital, Chennai - 600 096 (hereinafter called "the trading member") which expression s
unless repugnant to the context or meaning thereof, be deemed to mean and include himself in the capacity of a tra
member while trading in the Currency Derivatives Segment, his/her heirs, executors, administrators and legal representat
the partners for the time being of the said firm, the survivor or survivors of them and their respective heirs, execut
administrators and legal representatives/its successors, as the case may be, of the One Part;
And
Mr./Ms/M/s. , an individual/ a sole proprietary concern
partnership firm/a body corporate, registered/ incorporated, under the provisions of the Indian Partnership Act, 1932/
Companies Act, 1956, having his/ her/ its residence/ registered office at (hereinafter called "the client") which expres
shall, unless repugnant to the context or meaning thereof, be deemed to mean and include his/ her heirs, execut
administrators and legal representatives/ the partners for the time being of the said firm, the survivor or survivors of t
and their respective heirs, executors, administrators and legal representatives/ its successors, as the case may be, of
Other Part.
Whereas the trading member is registered as the trading member of the Exchange with SEBI registration number
261097537 in the Currency Derivatives Segment.
A. Whereas the client is desirous of investing/ trading in
those securities/ contracts/ other instruments admitted
to dealings on the Exchange as defined in the Rules,
Byelaws and Regulations of the Exchange and circulars
issued there under from time to time.
B. Whereas the client has satisfied itself of the capacity
of the trading member to deal in securities and/ or
deal in equity/ currency derivatives contracts and wishes
to execute its orders through the trading member and
the client shall from time to time continue to satisfy
itself of such capability of the trading member before
executing orders through the trading member.
C. Whereas the trading member has satisfied and
continuously satisfy itself about the genuineness
financial soundness of the client and investme
trading objectives relevant to the services to
provided; and
D. Whereas the trading member has taken steps and
take steps to make the client aware of the pre
nature of the trading member's liability for busine
be conducted, including any limitations, the lia
and the capacity in which the trading member ac
E. Whereas the trading member and the client agre
Continued on pag
BROKER-CLIENT AGREEMENT - MCX-SX
Contains basic rights and obligations of client and Stock Broker
To be stamped with Rs.20/- Stamp Pape
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be bound by all the Rules, Byelaws and Regulations of
the Exchange and circulars issued there under and
Rules and Regulations of SEBI and relevant notifications
of Government authorities as may be in force from
time to time.
Now, therefore, in consideration of the mutual
nderstanding as set forth in this agreement, the partieshereto have agreed to the following terms and conditions:
. The client agrees to immediately notify the trading
member in writing if there is any change in the
information in the 'client registration form' provided
by the client to the trading member at the time of
opening of the account or at any time thereafter.
. The trading member declares that it has brought the
contents of the risk disclosure document to the notice
of client and made him aware of the significance of
the said document. The client agrees that:
) He has read and understood the risks involved in
trading on the Exchange.
b) He shall be wholly responsible for all his decisions and
trades.
) The failure of the client to understand the risks involved
shall not render a contract as void or voidable and the
client shall be and shall continue to be responsible for
all the risks and consequences for entering into trades
in the segment.
) He is l iable to pay appl icable init ial margins,
withholding margins, special margins or such other
margins as are considered necessary by the trading
member or the Exchange or as may be directed by
SEBI from time to time as applicable to the segment.
The trading member is permitted in its sole and
absolute discretion to collect additional margins (even
though not required by the Exchange, Clearing House/
Clearing Corporation or SEBI) and the client shall be
obliged to pay such margins within the stipulated time.
) Payment of margins by the client does not necessarily
imply complete satisfaction of all dues. In spite of
consistently having paid margins, the client may, on
the closing of its trade, be obliged to pay (or entitled
to receive) such further sums as the contract may
dictate/ require.
. The Client agrees to pay to the trading member
brokerage and statutory levies as are prevailing from
time to time and as they apply to the Client's account,
transactions and to the services that trading memb
renders to the Client.
4. The trading member agrees that it shall not charg
brokerage more than the maximum brokerag
permissible as per the rules, regulations and bye -law
of the Exchange/ SEBI.
5. The client agrees to abide by the exposure limits,any, set by the trading member or by the Exchange
Clearing House/ Clearing Corporation or SEBI from tim
to time.
6. Without prejudice to the trading member's other righ
(including the right to refer a matter to arbitration
the trading member shall be entitled to liquidate/ clo
out all or any of the client's positions for non-payme
of margins or other amounts, outstanding debts, et
and adjust the proceeds of such liquidation/ close ou
if any, against the client's liabilities/ obligations. A
and all losses and financial charges on account of suc
liquidation/closing-out shall be charged to and born
by the client.
7. The trading member agrees that the money/ securiti
deposited by the client shall be kept in a separa
account, distinct from his/ its own account or accou
of any other client and shall not be used by the tradin
member for himself/ itself or for any other client or f
any purpose other than the purposes mentioned
SEBI Rules and Regulations circulars/ guidelines/ th
Exchange's Rules/ Regulations/ Byelaws and circular
8. The client agrees to immediately furnish informatio
to the trading member in writing , if any winding u
petition or insolvency petition has been filed or a
winding up or insolvency order or decree or award
passed against him or if any litigation which may ha
material bearing on his capacity has been filed again
him.
9. The trading member agrees to inform the client ankeep him apprised about trading/ settlement cycle
delivery/ payment schedules, any changes therein fro
time to time, and it shall be the responsibility in tu
of the client to comply with such schedules/ procedur
of the Exchange.
10. In the event of death or insolvency of the client or h
its otherwise becoming incapable of receiving an
paying for any contracts which the client has ordere
to be bought or sold, or of delivering or transferrin
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12/4011Continued on pag
securities, the trading member may close out the
transaction of the client and claim losses, if any, against
the estate of the client. The client or his successors,
heirs and assigns shall be entitled to any surplus which
may result there from.
11. The client and the trading member agree to refer any
claims and/ or disputes to arbitration as per the Rules,Byelaws and Regulations of the Exchange and circulars
issued there under as may be in force from time to
time.
12. The trading member hereby agrees that he shall ensure
faster settlement of any arbitration proceedings arising
out of the transactions entered into between him and
the client and that he shall be liable to implement the
arbitration awards made in such proceedings.
13. Information about default in payment/ delivery and
related aspects by a client shall be brought to the notice
of the Exchange(s). In case where defaulting client is a
corporate entity/ partnership/ proprietary firm or any
other artificial legal entity, then the name(s) of
director(s)/ promoter(s)/ Partner(s)/ proprietor as the
case may be, shall also be communicated to the
Exchange(s).
14. The trading member and the client agree to reconcile
their accounts at the end of each quarter with reference
to all the settlements where payouts have been
declared during the quarter.
15. The trading member and the client agree to abide by
any award passed by the Ombudsman under the SEBI
(Ombudsman) Regulations, 2003.
16. The trading member and the client declare and agree
that the transactions executed on the Exchange are
subject to Rules, Byelaws and Regulations and circulars
issued there under of the Exchange and all parties to
such trade shall have submitted to the jurisdiction of
such court as may be specified by the Byelaws andRegulations of the Exchange for the purpose of giving
effect to the provisions of the Rules, Byelaws and
Regulations of the Exchange and the circulars issued
there under.
17. The instructions issued by an authorized representative,
if any, of the client shall be binding on the client in
accordance with the letter authorizing the said
representative to deal on behalf of the said client.
18. Where the Exchange cancels trade(s) suo moto all such
trades including the trade/s done on behalf of the c
shall ipso facto stand cancelled.
19. This agreement shall forthwith terminate; if the tra
member for any reason ceases to be a member of
Exchange including cessation of membership by rea
of the trading member's default, death, resigna
or expulsion or if the certificate issued by the Boacancelled.
20. The trading member and the client shall be entitle
terminate this agreement without giving any rea
to the other party, after giving notice in writing of
less than one month to the other part
Notwithstanding any such termination, all rig
liabilities and obligations of the parties arising ou
or in respect of transactions entered into prior to
termination of this agreement shall continue to su
and vest in/ be binding on the respective partiehis/ its respective heirs, executors, administrators,
representatives or successors, as the case may be
21. In addition to the specific rights set out in
Agreement, the trading member and the client
be entitled to exercise any other rights which
trading member or the client may have under the R
Bye-laws and Regulations of the Exchange and circu
issued there under or Rules and Regulations of S
22. Words and expressions which are used in
Agreement, but which are not defined herein s
unless the context otherwise requires, have the s
meaning as assigned thereto in the Rules, Byelaws
Regulations of the Exchange and circulars issued t
under.
23. The provisions of this agreement shall always be sub
to Government notifications, any rules, regulati
guidelines and circulars issued by SEBI and Ru
Regulations and Bye laws of the Exchange that
be in force from time to time.24. The trading member hereby undertakes to main
the details of the client as mentioned in the c
registration form or any other information pertai
to the client in confidence and that it shall not disc
the same to any person/ authority except as requ
under any law/ regulatory requirements; Prov
however that the trading member may so disc
information about its his client to any perso
authority with the express permission of the clien
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13/40
his agreement can be altered, amended and/ or modified
by the parties mutually in writing without derogating from
he contents of this Agreement.
rovided however, if the rights and obligations of the parties
ere to are altered by virtue of change in Rules and
regulations of SEBI or Bye-laws, Rules and Regulations
the Exchange, such changes shall be deemed to have bee
incorporated herein in modification of the rights an
obligations of the parties mentioned in this agreement.
Note:
All references to the specific quantity/rate/fee mentioned in this agreement are subject to change from time to time, as so agreed to in writing betwe
the parties.
IN WITNESS WHEREOF the parties to agreement have caused these presents to be executed as of the date and year firabove written.
SIGNED FOR AND ON BEHALF OF SIGNED ON BEHALF OF CLIENTINDIA INFOLINE LTD.
Client Name:
Authorised Signatory: Client Signature:6
14
Witness 1 on behalf of IIFL Witness 1 on behalf of Client
Name Name
Address Address
Signature Signature
Witness 2 on behalf of IIFL Witness 2 on behalf of Client
Name Name
Address Address
Signature Signature
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14/4013
1. DEFINITIONS
1.1 "Account" shall mean the Client's Broking Account with
Stock Broker.
1.2 "Bank Accounts" shall mean the bank account that may
be opened by the Client with a Designated Bank
pursuant to this Agreement.
1.3 "MCX-SX/ NSE" shall have the meaning specified in the
recitals.
1.4 "Business Day" means any day on which the MCX-SX/
NSE are open for trading.1.5 "Designated Bank" shall mean a bank from among the
list at Annexure"1" hereto with which Stock Broker has
arrangements for electronic debit/ credit of payments
and receivables to and from its Client's.
1.6 "E-broking Services" shall have the meaning specified
in the recitals.
1.7 "Minimum Margin Deposit" means the minimum cash
balance that the Client is required to maintain with
Stock Broker at all times as a condition to avail the E-
broking Services.1.8 "Order Types" shall include the various types of orders,
including those listed in Trading and Product Guidelines
Brochure, and order types known by such other name
or terminology as are commonly used in the trade,
that the Client may place with Stock Broker.
1.9 "Password" shall mean the alphanumeric code allotted
by Stock Broker to the Client to enable it to validate
the Username and operate the Account.
1.10 "Products" shall mean the various products offered by
Stock Broker as part of the E-broking Services.
1.11 "Relevant Stock Exchange" shall mean the Stock
Exchange where Stock Broker has a Stock Brokership
and it offers/ plans to offer its products and services.
1.12 "SEBI" shall have the meaning specified in the recitals.
1.13 "Settlement Cycle" shall mean the account period
specified by the relevant Stock Exchange.
1.14 "Stock Exchange" shall mean a Stock Exchange that is
recognized by SEBI and which has granted permission
to Stock Broker to provide the E-broking Services and
shall include the MCX-SX/ NSE.
1.15 "Trading and Product Guidelines Brochure" means the
product brochure describing the products offere
Stock Broker from time to time at its sole discret
1.16 "Trading Hours" shall mean such period of Bus
Day when the relevant Stock Exchange offers tra
to its Stock Brokers including Stock Broker.
1.17 "Username" means the alphanumeric identifica
code allotted by Stock Broker and used by the C
for accessing its Account.
2. INTERPRETATION
a. In addition to the above, certain terms have bdefined elsewhere in this Agreement and they shall
the meaning assigned to them unless the con
specifically or by necessary application otherw
requires.
b. Various terms used throughout this Agreement sh
not, specifically defined, or in case of any ambigui
to the meaning thereof, be construed and interpr
in accordance with the customary meanings of
terms in the business of providing broking services
trading on Stock Exchanges.
c. The headings are for convenience only and shall
affect the interpretation of this Agreement.
d. Unless otherwise specified, references to Clauses and Exh
are refereces to Clauses and Exhibits to this Agreemen
e. The definitions ascribed to terms in this Agreem
apply equally to both the singular and plural form
such terms.
f. Whenever the context may require, any pronoun
be deemed to include the corresponding mascu
feminine and neuter forms.
g. The words "include", "includes" and "including" sha
interpreted as if followed by the phrase "without limitat
h. References to any document or agreement, inclu
this Agreement, shall be deemed to include
references to such document or agreemen
amended, supplemented or replaced from time to
in accordance with its terms and (where applica
subject to compliance with the requirements set f
therein and herein.
i. References to a statute, ordinance, code or other
This forms part of the Broker-Client Agreement entered between the client and Stock Broker for the purpose of tradin
the National Stock Exchange of India Limited and MCX-SX Exchange Limited.
The terms and conditions contained herein are binding on the client. The client has agreed to obtain services from the S
Broker after fully understanding the terms and conditions. The terms and conditions shall be subject to modification f
time to time and such modifications are binding on the client. For the purpose of this agreement The MCX-SX Excha
Limited and the National Stock Exchange (NSE) of India shall respectively known as Exchange henceforth in this agreem
ANNEXURE A
Continued in pag
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15/40Continued on page
shall be deemed to include regulations and other
instruments under it and consolidations, amendments,
re-enactment or replacements of any of them.
References to any party to this Addendum Agreement
or any other document or arrangement includes that
party's executors, administrators, substitutes,
successors and permitted assigns.
3. APPOINTMENT
Stock Broker hereby agrees to provide E-broking
Services to Client and the Client agrees to avail of the
E-broking Services provided by Stock Broker on the
terms and conditions set forth in this Agreement.
4. ELIGIBILITY CRITERIA
The Client shall be eligible to avail of the E-broking
Service only after having registered with Stock Broker
on completing the Registration Form prescribed by
Stock Broker in this behalf and fulfilling the conditions
of registration specified by Stock Broker from time totime including, inter alia, as follows:
4.1.1 The existence/ opening of a bank account and a
depository account by the Client either with a
Designated Bank and a Designated DP or with a bank
and a depository participant acceptable to Stock Broker.
4.1.2 The existence or creation of the Minimum Margin
Deposit by the Client with Stock Broker.
4.1.3 Execution of a Power of Attorney in favor of Stock
Broker for use of the designated Depository Account.
4.1.4 Execution of such other documents and furnishing ofparticulars as may be required from time to time by
Stock Broker. On the satisfactory verification by Stock
Broker of the information provided by the 16 Client
and the fulfillment of all requirements as stated in sub-
clauses (1) and (4) above by the Client, Stock Broker
shall register the Client for availing the E-broking Services
and open its Account with Stock Broker. On activation
of the Account by Stock Broker, Stock Broker shall
provide the Client with a Username and Password to
access and operate the Account, and avail of the E-
broking Services.
5. SERVICES OFFERED BY STOCK BROKER
India Infoline Limited (Stock Broker) provides to their
Client's India Infoline Trading Services which includes:
a. E-broking services through their website:
www.indiainfoline.com/ www.5paisa.com/
http://currency.indiainfoline.com and Internet Client
Server application.
b. Trading facility over telephone known as Tradeline.
5.1 Terms and Conditions of India Infoline Trading Services
The Client agrees to avail of the India Infoline Trading
Services, on and subject to the terms and conditions below
5.1.1 For the purpose of E-broking services Client will
entitled to a Trading Login ID and a Password throug
which Client can directly deal in the securities throug
the website: www.indiainfoline.com/ www.5paisa.co
and Internet Client Server application.
5.1.2 For the purpose of Tradeline, the Client shall b
provided a telephone number (Identification Numbe
which shall be used as Client's ID and a separate
digit Telephone Personal Identification Number (TPI
which will directly give Client to speak with th
Customer Relationship Officer of Stock Broker f
availing of India Infoline Trading Services.
5.1.3 The Client agrees that if the call is from telepho
numbers other than the designated telephon
numbers, the Company shall seek to verify the Clien
default demat account number or such oth
information for Client identification.5.1.4 Stock Broker shall from time to time introduce su
other additional facilities and security as may b
necessary (by whatever name called) which will enab
the Client to avail facilities of India Infoline Tradin
Services at the Client's cost if any.
5.1.5 The Client is aware that the Stock Broker System its
randomly generates the Trading Login ID and Produ
Password, Ledger/ Fund Transfer Password, E-ma
Password and Demat Account Transaction Passwo
(herein after reffered to as "Password") which shall
sent to the Client either by SMS over his/ her mob
number or by courier in hard copy as agreed by the Clien
The initial Password sent by Stock Broker can be use
only for the first login. The Client agrees and undertak
to immediately reset his/ her Password and TPIN throug
the Internet/ software setting provided by the Sto
Broker. The Client is aware that the Password sent throug
the above mentioned mode by Stock Broker an
subsequent Password and TPIN reset by the Client a
not known to anyone else including Stock Broker Officia
At no point in time shall Stock Broker be liable for a
loss, whether notional or actual, that may be suffered
the Client on account of the misuse of the Passwo
and/ or TPIN. Stock Broker shall not be responsible in a
manner for the Password and/ or TPIN as the Client h
to reset the same through Internet/ software system
the same are not known to Stock Broker Official's.
5.1.6 The Client shall be responsible for keeping the Tradin
Login ID, Password and TPIN confidential and secu
and shall not part the same with any other perso
and shall be solely responsible for all orders entere
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16/4015Continued on pag
and transactions done by any person whosoever
through the India Infoline Trading Services using the
Client's Trading Login ID, Password or Identification
Number and TPIN or have access to Client's E-mail
whether or not such person was authorised to do so.
5.1.7 The Client acknowledges that he/ she is fully aware of
and understands the risks associated with availing of a
India Infoline Trading Services for routing orders over
the Internet and telephone including the risk of misuse
and unauthorised use of his/ her Trading Login ID,
Password, Identification Number and TPIN by a third
party and the risk of a person hacking into the Client's
account on the India Infoline and unauthorisedly routing
orders on behalf of the Client through the system. The
Client agrees that he/ she shall be fully liable and
responsible for any and all unauthorised use and misuse
of his/ her Trading Login ID, Password, Identification
Number and TPIN and also for any and all acts done by
any person through the India Infoline on the Client's
account in any manner whatsoever.
5.1.8 The Client shall immediately on becoming aware, inform
Stock Broker of any unauthorised use of the Client's
Trading Login ID, Password, Identification Number and
TPIN with full details of such unauthorised use including
the date of such unauthorized use, the manner in which
it was unauthorisedly used, the transactions effected
pursuant to such unauthorised use, etc.
5.1.9 The Client shall log off from the India Infoline Trading
Services, whenever the Client is not accessing or usingthe Service. Any liability incurred by the Client as a
consequence of the Client not logging off the Service
shall be borne solely by the Client.
5.1.10 The Client shall immediately notify Stock Broker in writing
with full details if (i) he/ she discovers or suspects
unauthorized access through his/ her Trading Login ID,
Password, Identification Number and/or TPIN (ii) he/ she
notices discrepancies that might be attributable to
unauthorised access, (iii) he/ she forgets his/ her Password
and/ or TPIN or (iv) he/ she discovers a security flaw in the
India Infoline Trading Services. In any of the above eventsspecified, the Client shall immediately change his/ her
Password and/ or TPIN. However, if the Client is unable to
change his/ her Password and/ or TPIN by reason of his/ her
having forgotten his/ her Password and/ or TPIN or his/ her
Password and/ or TPIN having been unauthorisedly changed
by some other person or for any other reason then the
Client shall immediately request Stock Broker in writing and
follow the instructions given by Stock Broker. At no point in
time shall Stock Broker be liable for any loss, whether notional
or actual, that may be suffered by the Client on account of
the misuse of the Password and/ or TPIN.
5.1.11 The Client agrees that orders, instructions and o
communication made over the telephone rou
through the Stock Broker's interactive voice respo
or other telephone system may be recorded by S
Broker. The Client also agrees that such recording
Stock Broker records of any orders, instructions
communications given or made by the Client or S
Broker by the fax, E-mail, or other electronic meshall be admissible as evidence and shall be bind
5.1.12 Client agrees to provide information's relating to
Client's Trading Account and other personal detai
may be required while placing orders on telephon
determine the identity of the Client. Provided; how
nothing prevents Stock Broker to accept the instruct
from Client over telephone without usage of TPIN
such acceptance of instructions by Stock Broker w
binding on Client.
5.1.13 The Client shall log off from India Infoline TraServices at any time the Client is not accessing or u
the Service and any liability incurred to the Clien
consequence of the Client not logging of the Se
shall be borne solely by the Client.
5.1.14 The Client agrees and understands that Stock Br
shall discontinue or alter his/ her India Infoline Tra
Services in part or entirety and change the term
Service at any time without prior notice to the Cl
The Client, declares that, he/ she has fully read
understood the terms and conditions of India Info
Trading Services and agrees to abide by all the teand conditions mentioned above.
6. INDIA INFOLINE E-MAIL SERVICE
India Infoline Limited (Stock Broker) provides to t
Client's India Infoline E-mail Service un
www.5pmail.com, to facilitate and receive all
correspondence on the same day.
6.1 Terms and Conditions of India Infoline E-mail Service
Client agrees to avail of the India Infoline E-mail Ser
on and subject to the terms and conditions below:
6.1.1 The client agrees to receive the contract notes fotrades executed by the stock broker on the beha
the client in electronic form i.e digitally signed cont
notes. If at any time client does not wish to rec
the contract notes and other documents in electr
form then the client shall intimate the stock brok
the same in writing.
6.1.2 There may be a delay in the stock broker receiving
reports of the transaction status from the excha
or the other persons in respect of or in connec
with which the stock broker has entered into contr
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17/40Continued on page
or transactions on behalf of the client. Accordingly,
the stock broker may forward to the client late reports
in respect of such transaction that were previously
unreported to him or were incorrectly reported to him
as being expired, cancelled or executed. The client shall
not hold the stock broker responsible for any losses
suffered by the clients on account of any late reports/
statements or any error in reports/ statementscomputed by or received from the exchange.
6.1.3 The client undertakes to keep the stockbroker informed
in case of any change in the email address of the client.
The client agrees that no receipt of " email failure of
delivery notification" by the stockbroker shall amount
to valid delivery of the electronic contract notes and
other communication to the client.
6.1.4 Client confirms that the E-mail provided by him is his
own E-mail ID. The Client shall receive all the
transaction statement, holding statement, contractnotes and other correspondence instantly on his/ her
E-mail. The physical copies of such correspondence
shall be sent on Client's request in writing.
6.1.5 The client agrees and understands that IIL will not be
held responsible for any unauthorised access of his
Email-id and he/she indemnifies the Company for the
same.
6.1.6 Stock Broker shall not be responsible to maintain or
provide the back-up of the E-mails at any point of
time.
6.1.7 The Client shall be responsible for keeping the E-mail
Password confidential and secure and shall be solely
responsible for all transactions done by any person
whosoever through the Client's E-mail ID.
6.1.8 The Client shall log off from the E-mail Service,
whenever he/ she is not accessing or using the Service.
Any liability incurred to the Client as a consequence
of the Client not logging off the Service shall be borne
solely by the Client.
7. PRODUCTS OFFERED BY STOCK BROKER
.1 Derivatives - Sensex and Nifty Futures Trading and otherderivative products which may be offered by Stock Broker
from time to time (more specifically described in Trading
and Product Guidelines Brochure). The Client shall select
the Products it wishes to avail of, Stock Broker shall, in its
absolute discretion agrees to offer one or more of the
Products selected, to the Clients. Based on the Client's
selection and Stock Broker's confirmation of the Products
that the Client may avail of, Stock Broker will determine
the Minimum Margin Deposit to be maintained by the
Client with Stock Broker and set an authorized limit ("the
Limit") or amount of outstanding trades that the Client
may have at any given time. The Products offered
Stock Broker to the Client shall be used by the Client o
the terms and conditions more specifically described
the Trading and Product Guidelines Brochure. Th
procedure for accessing Stock Broker Internet Site an
availing of the Products is set out in Trading and Produ
Guidelines Brochure. It is clarified that the Products m
be availed of by the Client by giving instructions to StoBroker over the telephone, fax, virtual private networ
or the Internet. Stock Broker reserves the right to mod
or cancel any of its products/ offerings at its sole discretio
8. BROKERAGE AND TAXES
Stock Broker shall be entitled to a brokerage of up
the maximum rate permitted by SEBI/ Exchange, of th
value of every transaction that may be undertaken b
the Client by using the E-broking and/ or Off-line Servic
The rates of brokerage for each Product that the Clie
may avail of under this Agreement are mentioned trading and product guidelines brochure hereto. T
rates of brokerage may be revised by Stock Broker fro
time to time at its sole discretion. The Client shall als
pay any applicable taxes, including service tax, handlin
charges, depository charges that may be levied on a
transactions undertaken pursuant to this Agreement
9. LIEN
All securities and/ or property in the Bank/ DP Accou
shall be subject to a lien for the discharge of any an
all indebtedness or any other obligation that the Clie
may have to Stock Broker. All of the Client's securitiand/ or other property shall be held by Stock Broker
security for the payment of any such obligation
indebtedness to Stock Broker. In enforcing its lie
Stock Broker at its sole discretion may determine whic
securities and/ or other property are to be sold or whic
contracts are to be enforced.
10. PAYMENT
10.1 Time of Payment
10.1.1The Client shall make all remittances to Stock Broker (i.
payment for all purchase transactions plus taxebrokerage, handling charges and depository related fe
and transaction fees of Stock Broker) by the value da
for each transaction. The value date for all purchases w
be the pay-in day less two days, where the pay-in day
specified by the Exchange Clearing House for the releva
settlement period. Provided that subject to Clause 9.1
a notional debit may be made with respect to the Lim
on the last day of the Settlement Cycle, notwithstandin
that actual payment is due on a later date and suc
notional debit shall be reversed on receipt of paymen
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10.1.2 The Client will also have to make a margin payment
for securities purchased and sold either for square-
off on derivative contracts. The amount will be as
charged by the relevant Exchange. However, in case
the Exchange charges a margin amount over and
above the normal margins, Stock Broker can make
a margin call to the Client who will need to have to
pay the relevant margin as charged by the Exchange.
10.1.3 Stock Broker shall remit funds to the Client (i.e.
payment for all sale transactions less taxes, brokerage,
handling charges and depository related fees and
transaction fees of Stock Broker), less any amounts
deducted for shortages by the value date. The value
date for all sales will be pay-out day plus two days
where the pay-out day is specified by the Exchange
Clearing House for the relevant settlement period.
10.1.4 In the event of the Client having made both sales
and purchases during a Settlement Cycle on the sameStock Exchange, the amount due from and to the
Client shall be netted off and only the difference shall
be payable by or to the Client. A notional debit or
credit as the case may be, may be made to the Limit
at the end of day until the actual payment is made.
10.2 Mode of Payment
In the case of a purchase transaction, the Client
shall remit funds within the time period provided in
subclause 9.1.1 above to Stock Broker in any of the
following ways:
10.2.1 Acceptable credit or debit card, provided Stock
Broker has agreed to receipt of payment in this
manner, or
10.2.2 Authorized electronic transfer of funds from Client's
Bank Account to Stock Broker's bank account in the
same Designated Bank; or
10.2.3 Demand draft or account payee cheque drawn on
any other bank with which the Client maintains a
regular account. In the case of sub-clauses (1) and (2)
credit will be given to the Client immediately on
authentication of payment authorization howeverClient has to intimate Stock Broker immediately after
making payment through option as mentioned in sub-
clauses (1) and (2). In the case of (3) credit will be
given only on receipt of clear funds.
10.2.4 Payment referred to in sub-clauses (1), (2) & (3) shall
be accepted only from Client's account.
10.2.5 Payment shall be made by the Client only as referred
to in sub-clauses (1), (2) & (3) above. Stock Broker
shall not accept/ acknowledge/ give credit for any
payment made in cash. The same shall be returned
after deducting Rs. 500 towards charges.
10.3 In the case of a sale transaction, Stock Broker
remit funds to the Client within the time pe
provided in subclause 9.1.3 above, provided the C
has delivered the securities sold to Stock Broker w
the time prescribed in clause 11.1.1, in any of
following ways as may be requested by the Clie
10.3.1 Electronic transfer of funds into the Bank Acco
of the Client opened with the Designated Ban
10.3.2 Electronic transfer of funds into any other b
account of the Client as may be specified by
Client, and accepted by Stock Broker; or
10.3.3 Account payee cheque.
10.3.4 Please note that the mode of payment shoul
only by way of cross Cheque or Demand D
Demand Draft will be issued in name of I
Infoline Ltd. - (Login ID of the client). No c
receipts/payments will be entertained for
transactions made by the client. IIL will noresponsible for any kind of claims raised by
clients regarding payment made in cash.
10.3.5 Interface with a payment gateway will be off
to the Client at the portal itself.
Default in Payment
The Client agrees that Stock Broker may set off
her credit balances on MCX-SX/ NSE, ereinafter refe
to as the "Exchanges" against the debit balance
one or more accounts of the Client in relation to
said Exchanges and segments of the Exchanges.Without prejudice to the Stock Broker's other ri
(including the right to refer a matter to arbitrat
Stock Broker shall be entitled to liquidate/ close
all or any of the Client's positions in cash segm
or derivative segment on any Exchange
nonpayment of margins or other amou
outstanding debts, etc. and adjust the proceed
such liquidation/ close out, if any, against the Cli
liabilities/ obligations. Any and all losses and fina
charges on account of such liquidation/ closing
shall be charged to and borne by the Client.On a default by the Client to remit any mo
payable to Stock Broker, Stock Broker shal
entitled to appropriate the monies maintaine
the Client in the Minimum Margin Deposit tow
its dues. The Minimum Margin Deposit with S
Broker shall be subject to a lien for the discharg
any and all indebtedness or any other obliga
that the Client may have to Stock Broker. Th
broking Services shall be suspended to the C
until such time as the Client replenishes fu
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adequate to maintain the Minimum Margin Deposit
at the stipulated level.
Not with standing anything contained in these
present, any amounts which are overdue from the
Client towards trading either in the cash or derivative
segments or on account of any other reason the Stock
Broker, will be charged delayed payment charges at
the rate of 2% per month or such other rate as may
be determined by the Stock Broker. The Client hereby
authorises the Stock Broker to directly debit the same
to the account of the Client at the end of each month.
0.4 In the event the client makes the specific request to
the stockbroker for the physical documents instead of
electronic/ digitally signed documents and subject to
the stockbroker being in a position to do so; the client
agrees to pay all such amounts that the stockbroker
may charge to cover the operational cost that the
stockbroker incurs in preparing and delivering the saidcommunications, documents, reports and alerts.
1. THE MINIMUM MARGIN DEPOSIT
Subject to Stock Broker's rights to appropriate the
Minimum Margin Deposit or an appropriate part
thereof against its dues, or towards margin money
payable by the Client, the Minimum Margin Deposit
shall be maintained by Stock Broker in a ledger account
of the customer in its books. If the Client so authorises
Stock Broker, the Minimum Margin Deposit may be
invested in a liquid fund or in such other scheme or
schemes as the Client and Stock Broker may agreesfrom time to time. Any earnings on such deployments
shall, after deducting Stock Broker's standard
commission, be credited to the Client. The Client
expressly agrees and confirms that such investments
and deployment of the Minimum Margin Deposit, shall
be at the entire risk of the Client and Stock Broker
shall not be held responsible in any manner for any
losses that the Client may incur in this regard. Should
the Minimum Margin Deposit fall below the required
minimum limits as a result of any such losses, the Client
shall immediately replenish it upto the level of theMinimum Margin Deposit, failing which the E-broking
Services may be suspended by Stock Broker. In the
event of the Client being required to pay margin money
whether under the rules of any Stock Exchange or
SEBI or as otherwise determined by Stock Broker, Stock
Broker shall be authorized to appropriate the Minimum
Margin Deposit or any part thereof, towards such
margin requirement. The Client shall immediately
replenish funds adequate to the required level of the
Minimum Margin Deposit, failing which the E-broking
Services may be suspended by Stock Broker.
12. CONFIRMATIONS AND CANCELLATIONS
12.1.1 Client authorises/ agrees Stock Broker broker to issu
the contract note in digital form. The Stock Brok
broker would upload the digital contracts notes o
the website and/ or send an E-mail to designated
mail ID of the Client (Client trading login
@5pmail.com). The same shall be deemed to b
received by the Client. The Client is aware that it
his/ her responsibility to review the trad
confirmation, contract notes, bills, or statement
account immediately upon their receipt. A
information contained therein shall be binding upo
the Client, if the Client does not object in writing
any of the contents of such trades, confirmation
contract notes, bills, statement of accounts with
twenty four hours to the Stock Broker broker. A
transactions undertaken by the Client via the Intern
during Trading Hours shall be confirmed to the Clie
as per notification option opted for by the Client v
E-mail. While digital contact notes sent to the Clien
designated E-mail id would be the orginal conta
notes delivered to the Client. However a copy of t
digitally delivered contact notes may be issued
the officers of Stock Broker upon their specific reques
The Client shall note that such copies are only a co
of the validly delivered contract notes.
12.1.2 The Client may place trade orders outside Tradin
Hours also. In case of execution of trade, an E-ma
confirmation may be sent by Stock Broker on thnext Business Day.
12.1.3 In case of orders placed during Trading Hours, eve
effort will be made by Stock Broker to have the ord
executed within a few seconds, subject to matc
up of orders and other circumstances provide
herein. Any orders not executed for any reaso
during Trading Hours, shall, unless the Order Typ
requires or implies otherwise, stand cancelled.
12.1.4 In case of orders placed outside Trading Hours, subje
to the Order Type match up of orders and oth
circumstances provided herein, every effort will bmade by Stock Broker to have the order execute
promptly upon commencement of Trading Hours o
the immediately following Business Day.
12.1.5 If the Client places a request to cancel an orde
the cancellation of that order is not guarantee
by Stock Broker. The order will only be cancelle
if the Client's request for cancellation is receive
in the Exchange and matched up with his/ h
order before it gets executed.
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12.1.6 The Client agrees that the information sent by Stock
Broker by E-mail is deemed to be a valid delivery of
such information by Stock Broker to the Client. In the
event the Client does not receive any confirmation from
Stock Broker, whether by E-mail or printed/ digital
contract note, by the end of the next Business Day
following the date on which the order is placed, the
Client shall make inquiries with Stock Broker on thestatus of the order. Stock Broker will not be responsible
for nonreceipt of contract notes due to any change in
E-mail address or correspondence address.
12.1.7 Stock Broker may from time to time receive late
reports from the MCX-SX/ NSE reporting the status
of transactions. Accordingly, the Client shall be
subject to late reports relating to orders that were
previously unreported to him or reported to him as
being expired, cancelled, or executed.
12.1.8 Any recording or position errors, including errors inexecution prices will be corrected to reflect what
actually occurred in the market place.
12.2 The Client further agrees as follows:
12.2.1 Stock Broker shall have the right to refuse to accept
any buy or sell transaction or order from the Client
without providing any reasons thereof provided that
Stock Broker shall immediately inform the Client of
any such decision.
12.2.2 Without prejudice to the generality of the above,
the Client is aware that Stock Broker has provided
on the web site, a facility for reconfirmation of
orders, which are larger than that specified by Stock
Broker's risk management team and that Stock
Broker has the discretion to reject the execution of
any orders based on its risk perception.
12.2.3 Stock Broker shall not be liable for non-execution
of any order or for any delays the execution of any
purchase or sale order or for any resultant loss on
account of such non-execution or delay, due to any
link/ system failure, electric failure, due to
Contingencies beyond it's control such as fire, flood,civil commotion, earthquake at the Client/ Stock
Broker/ Exchange end.
12.2.4 Stock Broker shall, at its sole discretion subject any
sale or purchase order placed by the Client to manual
review and entry or other verification process, which
may cause delays in the processing of the Client's
orders.
12.2.5 The Client will receive the price at which his/ her
order is executed in the market place, which may
be different from what is trading when his/ her order
is entered into the system.
12.2.6 Inform Stock Broker if he/ she does not rec
confirmation of trade under section 12.1.1
13. INVESTMENT ADVICE
13.1.1 The Client acknowledges that Stock Broker shal
be liable to provide it with any legal, ta
accounting advice or advice regarding the suita
or profitability of a security or investment.
13.1.2 The Client also acknowledges that Stock Bro
employees are not authorized to give any such ad
and that the Client will not solicit or rely upon
such advise from Stock Broker or any of its employ
13.1.3 Any information or recommendations provide
Stock Broker in addition to the Ebroking Service
not be construed as investment advice given
Stock Broker to the Client.
14. REPRESENTATIONS AND WARRANTIES
14.1 Representation and Warranties of the Client
14.1.1 The Client agrees that the gross expo
computation norms, the resulting authorized t
limit for the Client, the Minimum Margin Dep
requirement for each Product are discretio
parameters that may be set by Stock Broker, a
sole discretion without having to provide any rea
for the same.
14.1.2 The Client is aware that authentication technolo
and strict security measures are required for
Internet trading through order routed syst
Accordingly the Client undertakes to ensure thatPassword and Username are not revealed to any t
party and shall ensure that no third person o
than his/ her authorized representative gains ac
to it.
14.1.3 The Client agrees that Stock Broker may, i
absolute discretion, issue a new Password to
Client on the terms and conditions stated here
on such terms and conditions as Stock Broker
deem fit.
14.1.4 The Client shall, at all times, be bound by
modifications and/ or variations made to
Agreement by Stock Broker.
14.1.5 The Client agrees that Stock Broker may suspend
E-broking Service in whole or in part, at any
without prior notice if the Client does not comply
any of the terms and conditions of this Agreeme
14.1.6 The Client shall take responsibility for all
transactions conducted by using the E-bro
Service and will abide by the record of transact
generated by Stock Broker. Such records gener
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by Stock Broker shall be conclusive proof and
binding on the Client for all purposes and may be
used as evidence in any proceedings. In particular it
shall not be an option to the Client to contend or
to try and avoid a transaction on the allegation that
a trade conducted on its Account using the
Password allotted to the Client was not a transaction
done by or on behalf of the Client.
4.1.7 The Client has the legal capacity to enter into this
Agreement and has taken all corporate and other
action necessary and obtained all required consents
to enable it to enter into this Agreement and this
Agreement constitutes legal, valid and binding
obligations of the Client enforceable against the
Client in accordance with its terms.
4.1.8 The Client confirms and undertakes that none of
the monies paid to or deposited by the Client with
Stock Broker is or shall be tainted with any form ofillegality.
4.1.9 The client hereby declares and confirms that he/she
is not acting as sub-broker for any transaction carried
out in his/her aforesaid client account held with IIL.
5. REPRESENTATION AND WARRANTIES OF STOCK
BROKER: Stock Broker represents and warrants that
it has received permission from the MCX-SX/ NSE
and BSE to provide E-broking Services and has
satisfied all necessary requirements of the
Exchanges, including but not limited to operational
and system requirements.
6. INDEMNITIES
The Client shall indemnify Stock Broker for all
transactions undertaken on its behalf by Stock
Broker and in particular shall not hold Stock Broker
liable for the following:
6.1.1 For any transactions using the E-broking Service
carried out in good faith by Stock Broker on
instructions issued by or on behalf of the Client.
6.1.2 For the unauthorized usage/ unauthorized
transactions conducted by using the E-broking Serviceand/ or the Client's Account and/ or Password.
6.1.3 For any loss or damage incurred or suffered by the
Client due to any error, defect, failure or interruption
in the provision of the E-broking Service arising from
or caused by any reason whatsoever.
6.1.4 For any negligence/ mistake or misconduct by the
Client.
6.1.5 For any breach or non-compliance by the Client of the
rules/ terms and conditions stated in this Agreement.
6.1.6 For not carrying out any such instructions where Stock
Broker has reason to believe (which decision of Sto
Broker the Client shall not question or dispute) th
the instructions given are not genuine or a
otherwise improper, unclear, vague or raise a dou
or that the Minimum Margin Deposit or marg
requirement to process a transaction is not there.
16.1.7 For any incidental, consequential, special or indire
damages including but not limited to lost profit
trading losses, or damages that result fro
inconvenience, delay or loss of the use of the Servi
even if Stock Broker has been advised of th
possibility of such damages.
17. CONFIDENTIALITY
The Client agrees that the Stock Broker has the rig
to record the conversation between the Clien
representative and the Stock Broker, either persona
or over the telephone, and hereby specifica
permits the Stock Broker to do so. Such recordinmay be relied upon by the Stock Broker as and whe
required to resolve disputes in connection with th
trading transactions.
18. MISCELLANEOUS: All trades, transactions an
contracts are subject to the Rules and Regulations
the Exchange and shall be deemed to be and sh
take effect as wholly made, entered into and to b
performed in the city of Mumbai and the parties
such trade shall be deemed to have submitted to th
jurisdiction of the Courts in Mumbai for the purpo
of giving effect to the provisions of the Rules, Byelawand Regulations of the Exchange.
The Client understands and agrees that Stock Brok
is acting as an agent of the Client, unless Stoc
Broker notifies the Client, electronically or in writin
before the settlement date for the transaction th
Stock Broker is acting as a dealer for its own accou
or as agent for some other person.
Stock Broker and/ or its agents will not be liable f
losses caused directly or indirectly by governme
restriction, Exchange or market rulings, suspension trading, computer or telephone failure, wa
earthquakes, flood, accident, power failure, equipme
or software malfunction, strikes or any other conditio
beyond Stock Broker's control.
All notices, requests and other communications
any party hereunder shall be in writing and sufficie
if delivered personally or sent by facsimi
transmission (with confirmation of receipt) or,
permitted by law by E-mail, or by registered
certified mail, postage prepaid, return recei
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requested or by overnight mail or courier service,
addressed as follows:
To Stock Broker at:
Name of the person concerned:
R. VENKATARAMAN
Address : INDIA INFOLINE LTD., IIFL House, Sun
Infotech Park, Road No. 16V, Plot No. B-23, MIDC,Thane Industrial Area, Wagle Estate, Thane - 400
604 Fax: (91-22) 2580 6654 E-mail :
To the Client at:
Name of the person concerned:
Address:
Fax: E-mail:
or to such other address or addresses or facsimile
numbers as the party to whom notice is to be givenmay have furnished to the other party in writing in
accordance herewith. Each such notice, request or
communication shall be effective when received or,
if given by mail, when delivered at the address or
addresses specified in this Section or on the fifth
business day following the date on which such
communication is posted, whichever occurs first.
The Stock Broker and the Client are aware of the
provisions of Byelaws, Rules and Regulations of the
Stock Exchanges relating to resolution of disputes/
differences through the mechanism of arbitration
provided by the Stock Exchanges and agrees to abide
by the said provisions. Any and all disputes arising
out of or in connection with this agreement of its
performance shall be settled by arbitration by a
single Arbitrator appointed by India Infoline Ltd. The
arbitration shall be held, in Mumbai in accordance
with the provisions of the Arbitration and
Conciliation Act, 1996. As amended from time to
time. In case of any disputes relating to transactions
executed on any segment of any Stock Exchange,
the Client agrees to file the grievance application
only at the Investor Grievances Cell/ Arbitration
Department of the concerned Stock Exchange
situated at Mumbai, Maharashtra.
All trades, transactions and contracts are subject to
the Byelaws, Rules and Regulations of the relevant
Stock Exchange and shall be deemed to be and shall
take effect as wholly made, entered into and to be
performed in the city of Mumbai and the parties to
such trade shall be deemed to have submitted to the
jurisdiction of the Courts in Mumbai for the purpose
of giving effect to the provisions of the Rules
Regulations of the Exchange. This Agreement
be governed by and construed in all Stock Br
respects in accordance with the laws of the Rep
of India. This agreement can be altered, amen
and/ or modified by the parties mutually in wr
without derogating from the contents of
Agreement. Provided however, if the rights obligatioStock Broker ns of the parties hereto
altered by virtue of change in Rules and regulat
of SEBI or Byelaws, Rules and Regulations of
relevant Stock Exchange, such changes sha
deemed to have been incorporated herei
modification of the rights and obligations of
parties mentioned in this agreement.
19(I) FURTHER CLAUSES FOR INTERNET TRADING
APPLICABLE TO MCX-SX/ NSE
1. The provisions of this agreement shall alwaysubject to Government notifications, any ru
regulations and guidelines issued by SEBI and S
Exchange rules, regulations and Bye-laws that
be in force from time to time.
2. In the event of death or insolvency of the Clien
his otherwise becoming incapable of receiving
paying for or delivering or transferring securities w
the Client has ordered to be bought or sold, S
Broker may close out the transaction of the C
and the Client or his legal representative shall be l
for any losses, costs and be entitled to any surwhich may result therefrom.
3. The agreement entered into between the Stock Br
and the Client shall stand terminated by mu
consent of the parties by giving at least one mo
written notice. Such cancellation or termination
not have any effect on transaction executed be
the date of such notice of termination and the pa
shall enjoy the same rights and shall have s
obligations in respect of such transactions.
4. The in st ruct ions issued by an au tho r
representative of the Client shall be binding on
Client in accordance with the letter authorizing
said representative to deal on behalf of the Cli
5. The Client is aware that authentication technolo
and strict security measures are required for
internet trading through order routed system
undertakes to ensure that the password of the C
and/ or his authorised representative are not reve
to any third party.
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6. The Client agrees that the Stock Broker shall not be
liable or responsible for non-execution of the orders
of the Client due to any link/ system failure at the
Client/ Stock Brokers/ EXCHANGE end.
. The Stock Exchange may cancel a trade suo-moto
without giving any reason thereof. In the event of
such cancellation, Stock Broker shall be entitled to
cancel relative contract(s) with Client.
8. The Stock Broker shall also send the Order/ Trade
confirmation slip through E-mail to the Client at his
request, within (time period as specified by the
Client) from the time of execution of order/trade
on the NOW/ODIN System, as the case may be. The
CLINET agrees that the information sent by Stock
Broker by E-mail is deemed to be a valid delivery of
such information by the Stock Broker.
9. The Client is aware that the Stock Broker has provided
on the web site a facility for reconfirmation of orders,which are larger than that specified by the Stock
Broker's risk management, by the Stock Broker and is
also aware that the Stock Broker has the discretion to
reject the execution of such orders based on his risk
perception.
0. The Client agrees that non-receipt of bounced mail
notification by the Stock Broker shall amount to
delivery of contract note at the e-mail ID of the
Client.
1. The Stock Broker and the Client are aware of the
provisions of Bye-Laws, Rules and regulations of the
Exchange relating to resolution of disputes/differences
through the mechanism of arbitration provided by
the Exchange and agree to abide by the said
provisions.
2. All trades, transactions and contracts are subject to the
Bye-Laws, Rules and Regulations of the Exchange and
shall be deemed to be and shall take effect as wholly
made, entered into and to be performed in the city of
Mumbai and the parties to such trade shall be deemed
to have submitted to the jurisdiction of the Courts inMumbai for the purpose of giving effect to the provisions
of the Rules and Regulations of the Exchange.
9(ii) FURTHER CLAUSES FOR INTERNET TRADING
(ITORS SERVICES) AS APPLICABLE TO MCX-SX/
NSE
. DEFINITIONS
.1 In this Agreement (including the Recitals above), unless
the context otherwise requires the following words shall
have the following meanings:-
i. "Exchange Provisions" means the Rules, Byelaw
Regulations, Business Requiremen
Specifications, handbooks, notices, circulars an
resolutions of the Exchange or any segment
the Exchange in force from time to time an
includes the Minimum Requirements Handbo
for ITORS prescribed by the Exchange,
amended from time to time.
ii. "ITORS