(South African) Partnership Mandate

Transcription

This Account Mandate (“Mandate”) is entered into between
(the ‘Client’)
and Sharenet Financial (Pty) Ltd, an authorised financial service provider (FSB license no. 28430) in terms of
Financial Advisory & Intermediary Services Act.
Sharenet Financial Financial (Pty) Ltd (hereinafter referred to as ‘Sharenet Financial’) is the holder of a category I
FSP license and is authorised to render advisory and intermediary services of non-discretionary nature in various
sub-categories.
Sharenet Securities is a Juristic Representative of Sharenet Financial.
Authority
1.
The Client hereby authorises Sharenet Financial to
1.1. open and close accounts (‘Client Accounts’) on behalf of the Client with an authorised JSE user, banks,
regulated exchanges and other financial institutions (herein after referred to as ‘the Broker’);
1.2. effect on the Client’s behalf transactions only where specific instructions are received from the Client,
from the Client’s Attorney where such a Power of Attorney is in place, or from a Discretionary Financial
Services Provider where such a Mandate is in place, with such instructions subject to the Sharenet
FinancialTerms and Conditions;
1.3. effect on the Client’s behalf transactions in securities, uncertificated securities and other instruments
(“securities”) as defined in the Financial Markets Act, 2012 (FMA), the Rules and Regulations of the JSE
Limited (“JSE”) and any relevant conditions or regulations promulgated under the FMA; and other
Financial Products;
1.4. register all Securities other than cash and bearer instruments managed by Sharenet Financial in terms
of this Mandate, in the name of the nominee company of the Broker on the Client’s behalf and for the
Client’s benefit;
1.5. to deposit cash deposits including interest, dividends, proceeds of disposals and cash received for the
account of the Client arising from the management of the Client’s investments in terms of this Mandate,
for the Client’s credit into JSE Trustees (Proprietary) Limited (“JSET”) in terms of the JSE Rules;
1.6. register all investments other than cash and bearer instruments managed by Sharenet Financial in terms
of this Mandate, in the name of the nominee company of the Broker in accordance with the JSE rules and
legislation, on the Client’s behalf and for the Client’s benefit;
1.7. should a corporate action (e.g. dividends in the form of either cash or scrip) require an election, Sharenet
Financial shall, in the absence of a specific instruction from the Client, exercise its discretion on the
option to take for the Client’s account;
1.8. process payments to Client Accounts and to request withdrawals from such Client Accounts (noting that
third party payments and withdrawals will not be processed and all payments and withdrawals must be
made from bank accounts in the Client’s name).
Sharenet Financial (Pty) Ltd
2005/037938/07 | 4 Silverwood Close, Tokai 7966 | Director: P J Bishop | FSP No 28430
Sharenet Securities | Account Mandate - Partnership Page 2 of 11
2.
In order for Sharenet Financial to fulfil any trading and settlement obligations under this Mandate, the Client
authorises Sharenet Financial to enter into a trading and custodial services agreement, or such similar
agreement, with any Broker that is authorised to provide the required services.
3.
The Broker will pursuant to the trading and custodial services agreement, or such similar agreement, incur
certain financial and settlement risks in fulfilling its obligations in terms of the trading and custodial services
agreement. The Client hereby nominates, constitutes and appoints Sharenet Financial with power of
substitution as its lawful attorney and agent –
3.1. to settle and sign on the Client’s behalf and in the Client’s stead an agreement with the Broker to
manage the Client’s rights and responsibilities and to set out certain indemnities, waivers and
representations required by the Broker;
3.2. further to settle and sign all other documentation, open all such accounts and take all such steps
(including trading in any particular financial product) which may be necessary for or ancillary to the
completion, implementation and performance of the trading and custodial services agreement; and
3.3. generally, for effecting the purposes aforesaid, to do or cause to be done whatsoever shall be requisite
as fully and effectually for all intents and purposes as the Client might or could do if personally present
and acting herein.
4.
The Client hereby ratifies, allows and confirms all and whatsoever Sharenet Financial shall lawfully do, or
cause to be done, to implement the above. The Client indemnifies and holds harmless Sharenet Financial
and/or the Broker from any loss that results from an error made in good faith save for wilful misconduct or the
wilful failure to act in good faith.
5.
The Client acknowledges
5.1. they fully understand the nature and risks of purchasing, holding and selling shares, securities and other
financial instruments;
5.2. they have read, understand and agree to be bound by the Sharenet Financial Terms and Conditions; and
agree to such agreement being provided by way of the Sharenet Securities website;
5.3. they have read and understand the Sharenet Financial Risk Disclosure Document; and agree to such
agreement being provided by way of the Sharenet Securities website;
5.4. Sharenet Financial and Sharenet Securities do not give any advice and do not provide any discretionary
management. All investments, decisions made, or transactions entered into are made solely by the
Client without any influence or advice from Sharenet Financial or Sharenet Securities;
5.5. any information provided by Sharenet Financial, Sharenet Securities or Sharenet Group companies
either directly or indirectly to Clients shall not be construed as advice in terms of FAIS Act;
5.6. that all funds and investments placed under Sharenet Financial’s management in terms of this Mandate
are from a legitimate source and are not the proceeds of unlawful activities as defined in the Prevention
of Organised Crime Act, 1998.
Commissions and Fees
6.
All accounts shall be subject to Sharenet Financial’s standard fee structure which shall be published from time
to time on the Sharenet Securities website and be subject to the Sharenet Financial Terms and Conditions,
unless otherwise agreed in writing.
Indemnity
7.
Neither Sharenet Financial, Sharenet Securities nor its directors, employees, representatives, contractors,
servants, agents and/or shareholders shall be liable to the client or to any third party for any loss, liability,
damage, cost or expense of any nature whatsoever (whether direct, indirect or consequential or otherwise)
which the Client or any such third party may suffer or incur, whether directly or indirectly, as a result of or
which may be attributable to any act or omission on the part of Sharenet Financial or Sharenet Securities
pursuant to any instructions from the Client, the Client's investment advisor or any other third party, the
performance by Sharenet Financial or Sharenet Securities of any of its obligations under this Mandate and/or
the management of the Client's investment.
8.
The Client indemnifies Sharenet Financial and Sharenet Securities against any claims, which may be made
against Sharenet Financial and Sharenet Securities arising out of the above mentioned. Notwithstanding
anything to the contrary contained herein, neither Sharenet Financial, Sharenet Securities nor any of its
directors, employees, representatives, agents or shareholders shall under any circumstances be liable for
indirect or consequential damages or for loss of profits.
9.
Sharenet Financial and Sharenet Securities give no warranty as to the performance or profitability of any of
the Securities purchased, held or sold, or any trades executed on behalf of the Client.
10. Sharenet Financial and Sharenet Securities accept no responsibility for any tax consequences of any of its
actions carried out within the scope of its authority. The Client and his tax advisers are solely responsible for
the management of the Client’s affairs to the best advantage for taxation purposes.
Termination and Cession
11. This appointment shall continue until terminated by either party in writing. Sharenet Financial maintains the
right to cede this Mandate to another Financial Services Provider on 10 working days notice to the Client.
Client
Full name
Date
Signed at
Signature
Sharenet Securities (a Juristic Representative of Sharenet Financial)
Authorised representative
Date
Signed at
Signature
Partnership Details
Please fill in ALL the following details. We cannot open an account without a fully complete form.
Partnership Name
Type of Business, Principal Purpose and Activities
Postal Address
Physical Address
Postal code
Tel
0
Postal code
Fax
0
Email
Income Tax No.
VAT Reg. No.
4
Authorised Representative Details
Full Name
Title
M/F
Date of Birth
ID/passport number
Nationality
Occupation
Postal Address (SA)
Residential Address (SA)
Postal code
Postal code
Postal code
Tel (H)
0
Tel (W)
0
Mobile
0
Fax
0
Email
Income Tax No.
PLEASE NOTE:
If there is more than one Authorised Representative, please reprint page 6 of this form so that details for ALL the
Authorised Representatives are submitted.
Partner Details
Full Name
Title
M/F
Date of Birth
ID/passport number
Nationality
Occupation
Postal Address (SA)
Residential Address (SA)
Postal code
Postal code
Postal code
Tel (H)
0
Tel (W)
0
Mobile
0
Fax
0
Email
Income Tax No.
PLEASE NOTE:
If there is more than one Partner, please reprint page 7 of this form so that details for ALL the Partners are submitted.
Banking Details
Bank
Branch
Branch code
Account No.
Available funds (R)
Source of funds
Business Name/
Employer’s Name
Business Address
Postal code
FICA DOCUMENTATION
Please provide ALL the following documentation:
Original certified copy of partnership agreement
Original certified copy of resolution covering opening, appointing of authorised representative and
operation account
For each authorised representative, an original certified copy of South African green bar-coded ID (passport
not acceptable for South African residents and South African citizens, unless accompanied by an affidavit
explaining loss of SA green bar-coded ID) or passport (if foreigner)
For each authorised representative, an original certified copy of proof of residential address, for example
current lease agreement or utility bill not older than 3 months (should you not have one in your name,
please complete the Cohabitant Form and include a certified copy of the cohabitant’s ID)
For all partners, an original certified copy of South African green bar-coded ID (passport not acceptable for
South African residents and South African citizens, unless accompanied by an affidavit explaining loss of
SA green bar-coded ID) or passport (if foreigner) and registration documents for legal entities
Details of all partners (name; date of birth; identity number; residential address; tax number and contact
details)
Cancelled cheque or an original certified copy of partnership bank statement (the name of the bank
account must correspond with the applicant’s details)
DISCLOSURE FOR SHARENET FINANCIAL 2005/037938/07
In terms of the Financial Advisory and Intermediary Services Act (FAIS) (ACT NO 37 OF 2002) the following
information is disclosed to clients and potential clients:
Full Name: Sharenet Financial (Pty) Ltd
Physical address:
4 Silverwood Close
Tokai
Cape Town
South Africa
Postal Address:
PO Box 30584
Tokai
7966
South Africa
Telephone: 021 700 4800
Fax: 021 700 4802
E-mail: [email protected]
Sharenet Financial has been in practice since 2005 and is an Independent Financial Services Provider authorised
by the FSB in the following licence categories:
CATEGORY I
Securities and Instruments :Shares
Securities and Instruments : Money market instruments
Securities and Instruments : Warrants, certificates and other instruments
Securities and Instruments : Bonds
Securities and Instruments : Derivative instruments
Foreign currency denominated investment instruments
Deposits defined in the Banks act - 12 months or less
Advice
X
X
X
X
X
X
X
Intermediary
X
X
X
X
X
X
X
In relation to the attached specific mandate we will be providing INTERMEDIARY services across the Securities
and Instruments: Shares category only.
Our key regulatory staff are as follows:
James Bishop
Name
Role
KI and Representative
Charles Collocott
Representative (under supervision)
Mark Mayer
Representative (under supervision)
Qualifications
CA(SA)
Regulatory exams
Bachelor of Social Sciences
Registered Securities Trader (JSE)
Regulatory exams
Bachelor of Business Science
Bachelor of Commerce (Hons)
Regulatory exams
Sharenet Financial does not own more than 10 % of issued shares directly or indirectly in any Life Assurer or
Financial Services Provider; and is not an associated company of any Life Assurer or Financial Services Provider.
Sharenet Financial earns its income from a share of the commission paid by the client when transacting in
shares.
Sharenet Financial has Professional Indemnity Insurance cover of R 1,000,000.
Sharenet Financial has published the following documents on its website for your review:
●
●
●
●
●
Terms and Conditions of trading
Conflicts of Interest policy
Risk Disclosure
Privacy Notice
Internal Complaint Procedure
Copies are also available on request.
Sharenet Financial may never request or induce you in any manner to waive any right or benefit conferred on
you by, or in terms of, any provision of the General Code of Conduct for Authorised Financial Service Providers
and Representatives. Similarly Sharenet Financial cannot recognise, accept or act on any such waiver by you, our
client and any such waiver is deemed to be null and void.
Sharenet Securities is a Juristic Representative of Sharenet Financial.
Moonstone Compliance (Pty) Ltd is the business’ compliance officer and is represented by Lisa Vosloo (0828298103,
[email protected]). Moonstone Compliance can be contacted at: Valerida Centre, 1st Floor,
Piet Retief Street, Stellenbosch, 7600. Tel No: (021)883-8000.
I hereby confirm that I have read and understood the information on this disclosure notice.
Client Signature
Date (DD/MM/YYYY)

(South African) Partnership Mandate

Transcription

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