1.   The client agrees to open trading account(s) (“Client’s Accounts”) with Hong Leong Investment Bank Berhad (“HLIB”) and Central Depository System account/s (“CDS account”) through HLIB for the purpose of trading in securities in Bursa Malaysia Securities Berhad and/or other approved Exchanges.  I acknowledge that this application is subject to approval of HLIB and HLIB has the absolute discretion to approve or reject my application.  In the event that my application is approved and accepted by HLIB, I agree to be bound and am subject to the remaining terms and conditions contained herein.  I further agree to execute any other documents and/or agreement as required by HLIB and agree that the terms and conditions thereof shall be read together with the terms and conditions herein.

 

2.   All transactions (including trading and settlement) for Client’s Account(s) as may be opened by the applicant named in the Application Form annexed herein (“Client”) shall be governed by and construed in accordance with the laws of Malaysia and subject to all relevant Securities Laws, which definition includes, the Capital Markets And Services Act 2007 , Securities Industry (Central Depositories) Act 1991, Securities Commission Act 1993, any subsidiary legislation made under those laws, the Constitution, rules, regulations, by-laws, customs, levies and usages of the Bursa Malaysia Securities Berhad (‘BMSB”), Bursa Malaysia Depository Sdn Bhd (“Depository”), Bursa Malaysia Securities Clearing Sdn Bhd (“Clearing House”) or any other relevant regulatory body and such other amended, revised or supplemented rules and regulations being in force from time to time of such other stock exchanges or markets in which HLIB is permitted to deal on the Client’s behalf whether in Kuala Lumpur or elsewhere.

 

3.   Written confirmation of contracts entered into (which includes each contract note) and all statements of account issued by HLIB shall be final and conclusive proof of the status of the Client’s Account(s) including the Client’s indebtedness to HLIB if not objected to by the Client in writing within the next market day after the same is deemed to have been received by the Client. The term “market day” means a day on which the stock market maintained by the BMSB is open for trading in securities.

 

4.   The Client undertakes not to allow any unauthorized person(s) to use the Client’s Account(s) and further undertake to inform HLIB and to confirm in writing immediately in the event of any authorised usage of the Client’s Account(s).

 

5.   Notwithstanding that in dealings which take place on the Client’s behalf, time shall be of essence, the Client agrees in any event to accept and be bound by dealings transacted on the Client’s behalf and waives any right to dispute the price and timing of these dealings. 

 

6.   The Client agrees that HLIB shall not be under any liability for any loss which is incurred as a result of transactions which take place for and on behalf of the Client. The Client hereby unconditionally and irrevocably undertakes to fully and effectively indemnify HLIB, its agents and servants and keep them harmless from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to solicitors fees on a solicitor and client basis) arising or which may arise out of anything lawfully done by HLIB, its servants and agents in connection with any transaction which takes place for and on behalf of the Client through the Client’s Account(s) including without limitation for breach of any of the agreements, undertakings and covenants herein. The right of indemnity of HLIB conferred herein shall continue in full force and effect and shall continue to subsist hereafter notwithstanding the suspension, termination or closure of the Client’s Account(s).

 

7.   The Client acknowledges that HLIB does not undertake to deliver to the Client the same or similarly numbered scrip or scrips in the same sizes and shares as deposited by the Client with HLIB since HLIB at its sole discretion, may put in any pool such shares for transfer and/or splitting and/or allocation of dividend and/or bonuses and that the Client should confirm the availability of scrips with HLIB’s dealer’s representatives before placing a sale order with him/ her.

 

8.   All securities handled by HLIB are deemed capable of being replaced by securities of the same class and type whether by way of purchase, sale or safe custody. Any and all cash, securities or other property of the Client which is in the possession of HLIB including property held in the Client’s Account(s) shall be subject to a general lien for the discharge of the Client’s obligations to HLIB however arising and without regard to whether or not HLIB has made advances with respect to such property and HLIB is authorised to utilise transfer sell and/or dispose of any property in the Client’s Account(s) with seven (7) calendar days’ notice to satisfy such general lien.

     

9.   For purchase contracts, all stock shares and securities must be paid and collected by the Client within the time stipulated by the Securities Laws failing which, HLIB reserves the right to dispose of the same on such terms and conditions as HLIB deems fit notwithstanding any instructions from the Client on the timing or the pricing of such sale. The Client shall be liable for all contra-losses arising therefrom payable to HLIB immediately on the date of such disposal.

 

      The Client agrees that HLIB has the absolute discretion to withhold the transfer of securities purchased by the Client until the payment made and/or cheque issued by the Client (for the payment of such securities) has been cleared by bank and/or proceeds are fully in the possession of HLIB.

 

10. For sales contracts, all stock shares and securities must be delivered promptly by the Client within the time stipulated by the Securities Laws.  Failing which HLIB reserves the right to buy-in without any notice to the Client to cover the shortfall.  HLIB shall be fully indemnified by me for all losses and consequential expenses thereby suffered or incurred by HLIB.

 

11. All sums be it monies due on purchase contract, contra-losses or other monies howsoever arising under the Client’s Account(s) must be settled immediately by the Client as and when the same is due, failing which all such sums shall be debited to the Client’s Account(s). All payments shall be made in the manner determined by HLIB.

 

12. The Client shall pay to HLIB all charges that may be imposed by HLIB including without limitation interest at prevailing rates as determined by HLIB on debit balances in the Client’s Account(s), handling fee, commissions and service charges.  The Client agrees that the interest imposed on the Client’s debit balances is by way of agreed liquidated damages and a reasonable pre estimate of HLIB’s loss and is not a penalty.

 

13. All charges, fees and monies (collectively “Fees”) to be paid by the Client to HLIB under this Agreement shall be made in full exclusive of any Tax , and without any set-off, restriction or condition and without any deduction for or on account of any counterclaim or any deduction or withholding of or in respect of any Tax.

 

In the event the Client is required by law to make any additional payments, deduction or withholding from Fees to HLIB under this Agreement in respect of any Tax or otherwise, the sum payable by the Client in respect of which the deduction or withholding is required shall be increased so that the net Fees received by HLIB is equal to that which HLIB would otherwise have received had no deduction or withholding been required or made.

 

In the event HLIB is required by law to calculate and collect from the Client any amount paid or payable under this Agreement on account of any Tax, such amount as calculated by HLIB, shall be paid by the Client as additional to and without any deduction or set-off from Fee payable under this Agreement to HLIB.

 

Tax is defined as any present or future, Malaysian or foreign tax, levy, impost, duty, charge, fee, deduction or withholding of any nature, and any interest or penalties in respect thereof.

 

14. All the buying and selling of stocks, shares and securities by the Client through HLIB shall be in the Client’s own name or as permitted under the Securities Laws. The Client shall not trade under the names of fictitious persons and only trade as the beneficial owners of such securities or as authorised nominees as defined under the rules of the BMSB.

 

15. a. These terms and Conditions shall survive any changes or successions in HLIB’s business and shall be binding, in the case of the Client being a corporation, on its successors and assigns, and in the case of the Client being an individual, upon the Client’s personal representatives, receiver or trustee whether in bankruptcy or otherwise.

 

      b. HLIB may in its absolute discretion without further notice to the Client:-

 

      I. close, withdraw or suspend the Client’s Account(s) with HLIB at any time for any reasons whatsoever and without recourse by the Client;

     II. realise any collateral deposited with HLIB;

      III. utilise any credit balances in the Client’s Account(s) to settle outstanding balances in any other accounts of the Client with HLIB or with any other subsidiary or associate of HLIB’s parent company without any prior notice or reference to the Client.

      IV vary my trading limit, refuse my order/s or limit the purchases or sales ordered by me without assigning any reasons whatsoever.

 

16.Failure on the part of HLIB to insist at any time upon strict compliance with any of these Terms and Conditions or any continued course of such conduct on the part of the Client shall in no event constitute or be considered a waiver generally or specifically by HLIB of any of the rights or privileges of HLIB.

 

17.Any notice or demand or other document may be sent by ordinary post to the Client’s address as stated in the Application Form hereto or the Client’s last known address and shall be deemed to have been received two (2) calendar days after the date of posting.   All notices (including any change in the Client’s address) sent by the Client to HLIB shall be sent by registered post or delivered personally to HLIB at its then prevailing place of business, and any such notices shall be deemed received by HLIB only when HLIB had in fact received the same.

 

18.Any writ or summons or other legal process in respect on any action arising out of or in connection with the Client’s Account(s) shall be deemed to have been served if sent by registered post or ordinary post to the Client’s address stated in the Application Form or to the Client’s last known address as notified by the Client pursuant to Clause 17 above.

 

19.If any of these Terms and Conditions shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.

 

20. The Client may authorise and empower one or more persons to act on its behalf in respect of the matters specified in the Letter of Authorisation annexed to this Application Form. The Client shall give HLIB at least seven (7) calendar days prior written notice of any revocation of the authority of such persons to act on its behalf and such notice of revocation shall not be enforceable against HLIB unless receipt of such notice had been acknowledged by HLIB.

 

21. The Client hereby expressly permits HLIB to disclose to the Central Credit Bureau or such other bureau, authority or body whether or not established by Bank Negara Malaysia and without prejudice to the generality of the foregoing to disclose to any party/person proposing or considering tendering any payment towards the indebtedness of the Client, Biro Maklumat Cek, Cagamas Bhd, Credit Guarantee Corporation, Central Credit Reference Information System (CCRIS), the security party(ies), companies which are related to HLIB by virtue of Section 6 of the Companies Act 1965 and companies which are associated with HLIB, its auditors, lawyers or any other debt collection agents, nominees, trustee, custodians, securities depositories or registrars, insurance companies, agents, contractors or third party service providers who are involved in the provision of products and services to or by HLIB and its related companies any information relating to the Client’s and/or the security party(ies)’ affairs or account (including the Client’s/security party(ies)’ credit standing) in respect of the Client's Account and any documents related thereto, at any time, for such purpose and to such extent as HLIB may at its absolute discretion deem expedient or necessary and without liability to the Client and the security party(ies) and the Client expressly consents to such disclosure and confirms and declares that no further consent from the Client or any of the other security party(ies) is necessary or required in relation thereto.

 

 

22.The Client agrees that HLIB shall be entitled to rely solely on the dealer’s representative’s confirmation of the transactions executed for the Client and is not obliged nor under any duty whatsoever to make any enquiry or require any verification of such transactions from the Client or any other party.

 

      The Client consents and authorises the dealer’s representative and HLIB to act on the Client’s oral instructions and any acts executed based on such oral instructions shall not be revoked or withdrawn by the Client.  The Client further agrees that HLIB may record the Client’s telephone calls which may be used as evidence of such oral instructions.

 

23.The Client agrees that HLIB shall not be liable for any losses or damages resulting directly or indirectly from any government action, suspension of trading, any action/ decision of ruling by any of the Exchanges, or the action of anyone beyond the reasonable control of HLIB including but not limited to any Exchanges’/ Clearing Houses’ error, any war, strikes or national disaster, any act of God, act of public enemy, riot or any other disturbances arising out of matters beyond the reasonable control of HLIB, delay in postal services or other any delay or inaccuracy in the transmission of order or order information breakdown, failure or malfunction of any telecommunications or computer services.

 

24.The declaration in the Application Form and the Terms and Conditions herein shall be deemed to be a valid agreement binding on the Client. The Client shall, if so requested by HLIB, execute a formal agreement relating to the same.

 

25.The Client may not assign any of its rights including to any credit balances in its Client’s Account(s), or obligations without the prior written consent of HLIB. HLIB may assign its rights interests and obligations hereunder without the consent of the Client.         

 

26.In the event of any inconsistency in the terms and conditions and/or any interpretations thereof between the various versions, the English version shall prevail.

 

 

 

1.   The Statement is provided to you in accordance with the directive of the Committee of the Bursa Malaysia Securities Berhad dated 6 December 1994 pursuant to Article 50 (c) of the Articles of Exchange.

 

2.   The purpose of this statement is to inform you that the risk of loss in purchasing structured warrants can be substantial. You should therefore assess if the purchase of structured warrants is suitable for you in light of your financial circumstances. In deciding whether to purchase structured warrants you should be aware of the following:-

 

      I. The purchaser of a structured warrant is subject to the risk of losing the full purchase price of the structured warrant and all transaction costs;

      II. In order to realize any value from a structured warrant, it is necessary to sell the structured warrants or exercise the structured warrants on or before their expiry date;

          III. Under certain conditions, it may become difficult to sell the structured warrants;

      IV. Upon exercise of the structured warrants, the issuer may settle its obligations via actual delivery of the underlying assets, in cash or a combination of both depending on the terms of the issue of the structured warrants;

      V. Placing of contingent orders, such as “stop-loss” or “stop-limit” orders, will not necessary limit your losses to the intended amount. Market conditions may not make it possible to execute such orders; and

      VI. The high degree of leverage that is obtainable from structured warrants because of the small initial outlay can work against you as well as for you. The use of leverage can lead to large losses as well as gain.

 

3.     This brief statement cannot disclose all the risk and other aspects of purchasing structured warrants. You should therefore carefully study the Terms and Conditions of any structured warrant before you decide to purchase. If you are in doubt in relation to any aspect of the statement or the terms of structured warrant, you should consult your broker.

 

 

 

 

       HLIB has introduced a system of electronic investor services known as HLeBroking (‘the Service”) provided through an internet portal operated by HLIB or other provider(s) from time to time which offer access to stockbroking services provided by HLIB. The Service shall be utilised through media agreed by HLIB from time to time for the purpose of trading of shares and stocks listed on the Bursa Malaysia Securities Berhad (“BMSB”) through HLIB, exclusively for the use by its clients. The Client shall continue to be bound by the terms and conditions (“Terms & Conditions”) as set out below notwithstanding that HLIB may at its absolute discretion approve the use of the Service by the Client through any other medium of communication as may be introduced by HLIB from time to time. Notwithstanding the generality of the foregoing provision, HLIB may at its absolute discretion approve or otherwise reject the above application(s) without having to provide any reason whatsoever.

 

1.     The Service

1.1   HLeBroking comprise the following services:-

a)      access to real-time quotes;

b)      the placing of orders to buy or sell securities through dealer’s representative(s);

c)      the cancellation or amendment of orders provided such orders have yet to be executed;

d)      the review of business done and inquiry of status of orders;

e)      access to key market indicators;

f)       access to news and views;

g)      facility to change password; and

h)      any other facilities that may be introduced by HLIB from time to time at its absolute discretion.

The term “Password “ includes log-on password, User ID and client code.

1.2   In consideration of the Client paying to HLIB the Fees pursuant to Clause 10 herein and complying with the Terms & Conditions, HLIB will provide the Client any one or more of the services set out in Clause 1.1, provided always, HLIB may at its absolute discretion impose any restriction to or deny the Client access to any such service from time to time. 

1.3   The client shall utilise the service solely for the client’s own purpose and not extend for use by a third party.

1.4   HLIB may at any time and from time to time, vary or change the list of services in Clause 1.1 at its absolute discretion without giving any notice thereof to the Client.

 

2.     Media of Service

2.1   The Client shall utilise the Service through any medium of communication which HLIB may, in its absolute discretion specify, adapt or introduce for use to its clients from time to time.

2.2   HLIB shall not be responsible for any disruption in the provision of the Service due to any malfunction or other failure in performance of any medium of communication used by the Client.

2.3   The Client shall at its own cost and expense be solely responsible for obtaining and/or procuring access to the Internet, as well as all telecommunications lines, equipment, electricity supply and other utilities required or necessary for the Client’s access and/or use of the Service.

 

3.  Trading Orders from the Client

3.1   No trading orders from the Client shall be deemed to be valid and effective unless it is actually received and accepted by HLIB and written confirmation of business done of an order (“Business Done”) is subsequently received by the Client either  by telephone or addressed to the Client’s e-mail address as stated in the Application Form herein (or as hereafter notified by the Client from time to time) or published on the designated forum provided in the Service and the Client shall have no claim against HLIB in respect of any losses, liabilities, costs and/or expenses resulting from any failure by HLIB to receive the Client’s instructions as aforesaid.

 

4.   No Guarantee or Warranty

4.1   The information provided through the Service has been independently obtained by HLIB only for information of the Client through sources, including authorised dissemination agents of the BMSB, believed by HLIB to be reliable at the relevant times. HLIB does not guarantee the correctness, accuracy, completeness, timeliness or correct sequencing of such information provided thereof. There may be delays, omissions or inaccuracies in the information provided through the Service for which HLIB shall not be held responsible.

4.2   Neither HLIB nor its sources of information shall be liable for the failure to ensure the correctness, accuracy, completeness, timeliness or correct sequencing of the information or for any decision made or action taken by the Client or any other persons whomsoever in direct or indirect reliance upon such information or for any interruption in the dissemination of any data, information or any other aspect of the Service for any reason whatsoever.

4.3 HLIB does not warrant the merchantability or fitness for a particular use and gives no other warranty or guarantee of any kind, expressed or implied, regarding the information furnished through the Service or any other aspect of the Service.

 

5.       Limitation of Liability

5.1 In addition to and not in derogation of any other terms of the Terms & Conditions, HLIB shall not in any event be liable to the Client or any other party having access to the Service whether with or without HLIB’ consent for any direct, consequential, incidental, special or indirect losses or damages (including but not limited to loss of profits, trading losses and damages) arising from, inter alia, any delay or disruption in the use of the Service, or by the failure or alleged failure of HLIB to execute or cancel or amend any buy and sell orders, notwithstanding that HLIB had been advised of the possibility of the same.

5.2 HLIB shall not be liable for any loss arising from a cause outside its reasonable control, any action or omission by the relevant authorities in exercise of their regulatory or supervisory functions, or for failure by the electronic/telecommunication service provider or any third party to meet its obligations to the Client for any reasons whatsoever and however arising including failure of electronic or mechanical equipment or communication/telephone lines or other interconnected problems, unauthorised access, theft, unauthorised use of Password, operator error, weather, earthquakes, strikes or other labour problems.  

5.3  HLIB shall not be responsible for any failure to provide the Service, including the execution of any order arising out of any  restrictions imposed on any of the Client’s account(s) (“Client’s Account”) with HLIB.

5.4  The liability of HLIB to the Client arising out of any claim whatsoever in relation to the Service and its use of the information provided thereunder which is not covered in the Terms & Conditions, will not exceed the monthly fee payable by the Client under Clause 10 hereof.

 

6.       Title to Information/Proprietary Rights

6.1 All information provided by HLIB through the Service or in connection thereof from time to time (including without limitation all information, programme or data made available for purposes of on-line downloading at the Client’s end) and the User Guide (if any) supplied by HLIB is the exclusive property of HLIB. The Client shall not reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit any such information in any manner whatsoever without the prior written consent of HLIB nor use the information for any illegal or other purpose not permitted by HLIB. 

6.2 The Client shall protect HLIB’ contractual and statutory rights in or to the information furnished through the Service and shall immediately comply with all written or other forms of requests from HLIB as HLIB deems necessary to protect HLIB’ rights.

 

7.   Client's Sole Risk

7.1        Neither the Service nor the information provided thereunder is intended to amount to or constitute financial, investment, tax or legal advice. Although the Service provides access to opinions, information and recommendations about how to invest and what to buy, none of these opinions, information or   recommendations are developed or endorsed by HLIB and the Service shall not be construed as amounting to offers, invitations or solicitations to buy or sell or otherwise deal with the securities concerned. 

7.2 HLIB does not recommend any investment nor does it offer any advice regarding the nature, potential value or suitability of any particular security, transaction or investment strategy. The Client acknowledges that all orders made by it through the Service and executed by HLIB pursuant thereto are made at the Client's sole and absolute risk.

7.3 The BMSB, as the regulatory and supervisory authority of HLIB shall have the right to examine, inspect, scrutinise the Client's terminals for audit and other supervisory purposes as and when the BMSB deems fit. HLIB shall not be liable for any loss or damage that may be suffered as a result of the actions or omissions of the BMSB.

 

8.    Notification by Client

8.1 The Client shall notify HLIB immediately and in any event not later than 24 hours from the time it becomes aware of the occurrence of any of the following:-

a)      any unauthorised use of any of its Password, or of the Service or any information obtained thereunder;

b)      any failure to receive a confirmation from HLIB that any order(s) initiated by the Client through the Service has been received and/or executed;

c)      any receipt of confirmation of Business Done which the Client did not place or any receipt of inaccurate or conflicting report or information;

d)      any disruption in the provision of the Service;  and/or

e)      any changes in personal particulars including but not limited to the location of the HLeBroking terminal.

 

9.    Confidentiality

9.1   The Client shall be responsible for the secrecy, confidentiality and for the use of its Password. The Client further accepts full and absolute responsibility for all orders and transactions entered through and under its Password and any such orders so received by HLIB and any such transactions carried out by any person using the Service by means of the Client’s Password, whether authorised or unauthorised and HLIB shall not in any event be liable for any losses, damages, liabilities, costs and/or expenses incurred by the Client arising from or in connection therewith.

9.2   The Client shall be solely responsible to review the confirmation of Business Done to ascertain that its orders were correctly received by the dealer’s representative(s) through the Service and that  a transaction reference number has been duly issued immediately through the Service upon placing an order to buy or sell.

9.3 The Client understands and agrees that for the mutual protection of the Client and HLIB, HLIB may electronically record any of the telephone conversation conducted by the Client with HLIB or any of its brokers, dealer’s representives, employees, servants and/or agents.

 

10. Fee

10.1 The Client shall pay all the following fees, cost, charges and expenses (“the Fees”) in connection with the Service at the times and in the manner stipulated by HLIB :

a)      subscription fees, expenses , handling fee, commission, and charges for the Service as HLIB shall stipulate from time to time and all costs (including solicitors fees) if any, incurred by HLIB in collecting any overdue Fees from the Client;

b)      legal fees and other expenses incurred by HLIB in the enforcement of HLIB’ rights and entitlement under the Terms & Conditions and for the recovery of the monies owed by the Client to HLIB; and

c)      interest at prevailing rates as determined by HLIB on debit balances in the Client’s Account(s).

10.2 HLIB reserves the right at any time and from time to time to impose the Fees or vary the rate of the Fees or vary the time and manner of payment of the Fees without notice. All fees shall be non-refundable, unless HLIB agrees otherwise. The Client authorises HLIB to debit the Client’s Account(s) for all Fees due and payable by the Client to HLIB.

 

11.              Continuing Security on Asset

11.1 The Client hereby grants HLIB a continuing security interest and/or lien on the assets belonging to the Client in all its accounts with HLIB to secure the timely payment of all Fees owed by it in connection with the Service and any other amounts owing under the Terms & Conditions and that HLIB shall be at liberty to use or dispose of these assets without notice to the Client in whatsoever manner and  upon such terms and conditions as HLIB deems fit to secure the full payment of such overdue amounts, subject to any rules of the BMSB or any other relevant authority or under any applicable law in respect of such matter.

 

12.          Taxes

12.1 The Client shall bear all taxes payable by it in connection with the Service, if any.

(a)  The Fees to be paid by the Client to HLIB shall be made in full exclusive of any Tax , and without any set-off, restriction or condition and without any deduction for or on account of any counterclaim or any deduction or withholding of or in respect of any Tax.

 

(b)  In the event the Client is required by law to make any additional payments, deduction or withholding from Fees to HLIB in respect of any Tax or otherwise, the sum payable by HLIB in respect of which the deduction or withholding is required shall be increased so that the net Fees received by HLIB is equal to that which HLIB would otherwise have received had no deduction or withholding been required or made.

 

(c)  In the event HLIB is required by law to calculate and collect from the Client any amount paid or payable under this Terms & Conditions on account of any Tax , such amount as calculated by HLIB, shall be paid by the Client as additional to and without any deduction or set-off from the Fees payable under this Agreement to HLIB.

 

(d)  For the purpose of clause 12.2, "Tax" is defined as any present or future, Malaysian or foreign tax, levy, impost, duty, charge, fee, deduction or withholding of any nature, and any interest or penalties in respect thereof.

 

13.          Restriction in Use of Service

13.1 The Client shall not be entitled to use the Service if there exists any restriction whatsoever (including but not limited to cash up-front restriction) on the Client's Account(s) maintained with HLIB, either imposed by HLIB or by any relevant authority.

13.2 The availability of the Service by HLIB is subject to the terms and conditions of any and  all other agreements entered into between HLIB and the Client.

 

14.          Deposit

14.1   HLIB reserves the right to require the Client to place cash and/or equity as deposit prior to the execution of any transaction through the Service. It shall be in the absolute discretion of HLIB to determine the amount and value of deposit payable by the Client and the time and manner for the placement and nature of such deposit and the terms of refund of the same, if applicable.

14.2   HLIB shall not be held responsible or be liable for any losses, damages, liabilities, costs  or expenses suffered or incurred by the Client arising from HLIB failure or refusal to provide the Service to the Client or arising from failure refusal or delay by the Client to place such deposit.

                                            

15.          Indemnity

15.1 The Client unconditionally and irrevocably undertakes to fully and effectively indemnify  HLIB, its agents and servants and keep each of them indemnified from and against any and all claims, losses (including loss of profit), liabilities, obligations, penalties, fines, costs and expenses (including but not limited to solicitors fees on a solicitor and client basis) sustained by HLIB due to the execution by HLIB of any buy or sell orders given by the Client or purported to be given by the Client or any other party(ies) using the Client’s Password (whether such use is authorised or unauthorised) or having access to the Service and/or to any electronic or telecommunications device thereof at all times whether with or without the Client's consent or any breach or alleged breach or violation by the Client (or its agents or representatives or persons acting under it) of any part of the Terms & Conditions or any third party rights including but not limited to violation of any copyright, proprietary or privacy rights. This obligation to indemnify HLIB shall continue in full force and effect and shall survive the termination of the Service for any reason whatsoever or the suspension, termination or closure of the Client’s Account(s).

16. Termination of Right of Access

16.1   Notwithstanding anything herein to the contrary, HLIB may in its absolute discretion at any time and for any reason whatsoever (including a breach of any part of the Terms & Conditions or any unauthorised use of the Password), forthwith terminate the Client's right of access to the Service or any portion of the Service without notice and without compensation and without any obligation to give any reason whatsoever.

16.2 In the event of termination by HLIB under Clause 16.1, HLIB shall not be liable to the Client for any claims, losses or anticipated profit which may be suffered by the Client as a result of or in connection with such termination and that the Client is liable for all monies due and payable by the Client to HLIB; provided however, where the termination is without cause HLIB may in its absolute discretion refund a prorated portion of any monthly fee already paid to HLIB by the Client.

16.3 The Client may terminate the Service by giving HLIB one (1) month’s written notice.

 

17.          Representation/ Covenants

17.1 The Client represents and warrants to HLIB that otherwise as disclosed by the Client to HLIB in writing and accepted by HLIB:-

a)      the Client is not a securities broker/dealer, investment adviser, futures commission agent, commodities dealer or commodity trading adviser, member of a securities exchange or association: or futures exchange or an owner/partner or associated person of any of the foregoing;

b)      the Client is not employed by a bank or any organisation or corporation to perform functions related to securities or commodities futures investment or trading activity;

c)      the Client is a customer of HLIB and maintains a share trading account with HLIB; and 

d)      The Client is a subscriber or customer of the electronic/telecommunications service provider agreed by HLIB.

17.2 The Client undertakes with HLIB that as long as the Client has access to the Service:-

a)      the Client agrees to be bound by the Terms & Conditions as amended from time to time; 

b)      unless otherwise agreed to in writing by HLIB, the Client will use the information provided through the Service solely in connection with its personal investment activities and not in connection with any trade or business activities; 

c)      the representations and warranties in Clause 17.1 herein shall remain true and accurate;

d)      the Client will not do anything to jeopardise the quality, reliability or integrity of the Service;

e)      the Client shall ensure that there is no unathorised use of the Password; and

f)       the Client will comply with all guidelines issued by HLIB in connection with the Service.

 

18.          Acknowledgement

18.1 The Client acknowledges that HLIB is providing the Service on the basis of the Client's agreement to be bound by the Terms & Conditions. 

18.2 The Client further acknowledges that the Terms & Conditions constitute the complete statement of its agreement with HLIB and that the agreement does not include any other prior or contemporaneous promises, representations or descriptions regarding the Service notwithstanding if they are contained in any materials provided by HLIB.

18.3 The Client hereby acknowledges that the Terms & Conditions shall supercede any prior agreements (whether written or oral, if any) between HLIB and the Client in respect of the Service hereunder. Any such prior agreements are cancelled as at the date stipulated herein.

18.4 HLIB acceptance of the Client’s duly executed and affirmed application shall constitute a valid agreement binding on HLIB and the Client based on the declaration and stipulations herein contained, the information in the Application Form and the Terms & Conditions herein as if an agreement under  written law relating to dealing in securities has been properly constituted and executed. The acceptance of the Client’s application is deemed effective upon such notice being sent by HLIB in accordance with Clause 20. The Client shall, if so requested by HLIB, execute a formal agreement relating to the same.

 

 

 

19.          Amendments and Modifications

19.1 Notwithstanding anything contained herein, HLIB may in its absolute discretion without any prior notice (whether in writing or otherwise) amend or vary the Terms & Conditions at any time or  from time to time and/or impose additional clauses which shall bind the Client as if the amendments and additional clauses have been originally set out in the Terms & Conditions. 

 

20.          Notices

20.1 Any notice or demand or other document may be sent by HLIB to the Client by any one or more of the following methods :

a)      by registered or ordinary post to the Client’s address as stated in the Application Form hereto or the Client’s last known address and shall be deemed to have been received two (2) calendar days after the date of posting notwithstanding postal delay of notification;

b)      by transmitting the same to the Client’s email address or via facsimile to the number as stated in the Application Form or the Client’s last known email address/fax number known to HLIB and shall be deemed to have been received by the Client immediately upon successful the transmission thereof notwithstanding any delay caused by mechanical or electronic failure or any reasons whatsoever;  or

c)      by publishing such notice in the designated forum provided in the Service and shall be deemed to have been received by the Client immediately upon the date of publishing thereof. 

 

20.2 All notices or instructions including any change in the Client’s address sent by Client to HLIB shall be in writing and sent by ordinary or registered post or delivered personally to HLIB at its then prevailing place of business (deemed received by HLIB when HLIB had in fact received the same) or transmitted via facsimile or  through the designated forum provided in the Service (deemed received by HLIB when HLIB  has actual notice of the same respectively PROVIDED ALWAYS all trading orders shall be communicated by the Client to HLIB through the designated forum provided in the Service. 

 

 

 

 

                1.Settlement by Client by way of “contra” for setting-off outstanding purchase positions against outstanding sale positions of the same securities done on Ready Basis contracts may be allowed at the discretion of HLIB, subject to the following terms and conditions:-

               

                (a) Settlement by way of contra is not permitted for securities which have been declared by Bursa Malaysia Securities Berhad as “Designated Securities” or have trading restrictions imposed on them or for contracts done on an Immediate Basis.

 

                (b) Any sales made up to the due date (as specified by the laws then being in force which are subject to changes from time to time) for the outstanding purchases as prescribed by the relevant authorities will be auto-contra on a first-in first-out (FIFO) basis.

 

                (c) Notwithstanding item 1(b) of the Contra Guidelines, outstanding purchases shall auto-contra against outstanding sales transactions of the same securities which are transacted on the same date.

 

                (d) Purchase positions on Ready Basis contracts that remain unsettled after the due date as prescribed by the relevant authorities, will be closed off and force-sold on the next market day.

 

                (e) All contra gains due to the Client will be used to set off against the Client’s outstanding debts including contra losses and interest accrued thereon.  Any resulting contra gain will be paid within the period as prescribed by the relevant authorities.

 

                (f) HLIB may impose contra charges for the facilitating settlement by way of contra.

 

                2.The above Contra Guidelines are subject to changes from time to time by the relevant authorities and/or at the discretion of HLIB.  The Client is advised to obtain the latest schedule of due dates and payment time frame from HLIB.  

 

 

 

 

IN CONSIDERATION of Hong Leong Investment Bank Berhad (‘HLIB”);

 

(A)   agreeing, granting or making available or continuing to grant or make available to me a trading facility in the form of trading limits in my trading account at my request and for my benefit, such trading limits determined at your absolute discretion and in no way creating a contractual obligation on your part to me; and

 

(B)   to place out for and on behalf of me the amount in trust account (“ the Credit Balance”), in any money instruments with a licensed financial institution of your choice to earn interest rate as you may obtain from such licensed institution from time to time (“the Agreement”),

 

I HEREBY UNDERTAKE AND COVENANT with you and your successors-in-title and assigns and persons deriving title under you as follows:-

 

1)     I have deposited and/or hereby deposit or will cause immediately or from time to time cause to be deposited with you into the above said CDS account, ordinary shares in any public listed companies and I HEREBY AGREE that you shall have a lien on the shares as security for the payment and satisfaction to you by me of all my obligations and liabilities to you upon demand by you.

 

2)     I hereby warrant and represent to you as follows:-

 

(i)      That I am the legal and beneficial owner(s) of the shares and no other person, firm, company, corporation or other body corporate has any claim, right, title or interest whatsoever legal or equitable in and to the shares:

(ii)     That there is no mortgage, pledge, lien, charge, assignment, hypothecation or other security interest of any kind upon the shares or any of them and I have no knowledge of any fact which would or might invalidate the lien of the shares pursuant to this Letter, and

(iii)    That this Letter constitutes legal, valid and binding obligations on me and my heirs and personal representatives or successors in title on accordance with the terms hereof.

 

3)     As the legal and beneficial owner of the shares, I agree and do hereby give you all my rights title and interests in and to the shares and as a continuing security for all and any sum of money owing to you and for the performance of my obligations and the discharge of my contingent liabilities.

 

4)     I agree that you may, at any time without notice, in making a demand, notwithstanding any settlement of account or other matter whatsoever, combine or consolidate all or any then existing accounts including accounts in the name of your nominee, (whether in trust or pledged for me) and set off or transfer any sum standing to the credit of any one or more such accounts towards satisfaction of any obligations or liabilities to HLIB whether the liabilities are present, future, actual, contingent primary or collateral several or joint.

 

5)     Until the ultimate balance by me has been paid or satisfied in full or so long as any liability and/or obligation remains outstanding by me to you whatsoever or howsoever, you shall have a lien on all the shares whether the shares are held in your custody or otherwise and you shall be entitled to retain the shares deposited by me now and/or subsequently and/or from time to time and shares shall be held by you as a continuing security to you for the balance owing, the said liability and/or obligation.

 

6)     You are authorised to sell, assign, transfer or otherwise dispose of the shares without demand for payment or notice or further consent of any person at such times in such manner and generally on any terms and for such consideration as you in your absolute discretion think fit without being under any responsibility to me for the price obtained thereby in any of the following events:-

 

(i)      on default being made in payment for transactions in securities carried out by you for me or payment of any sums from time to time due to you under my trading account;

(ii)     on the failure to repay on demand any money obligation or liability due owing or incurred to you by me with all interests, charges and expenses (including legal charges or charges of your nominee or agent) in relation to me, my trading account, the shares or any matter hereunder;

 

but so that you are under no obligation to sell or otherwise dispose of the shares and are not liable to me for any loss that I may sustain as a result of your delay or failure to do so. You are hereby irrevocable authorised to execute and sign any document as my agent and to do any such act or thing on my behalf.

 

7)     I agree that you shall have the right to object to a withdrawal of the whole or any part of the shares. Notwithstanding the aforesaid, you agree that I shall be entitled to sell the shares at any time and the proceeds thereof shall be subject to the lien created by this letter and you shall be entitled to retain the same EXCEPT we both agree that I am entitled to collect the proceeds thereof upon you being satisfied that the aggregate net value of the shares, taken at the price and valuation applicable to shares held as security, is maintained at all times at a sum equal to the moneys and liabilities from time to time hereby secured including any contingent liabilities, I agree that I shall if required by you, deposit further shares, should the value of the shares fall short of the moneys and liabilities hereby secured.

 

 

8)   Set-off Credit Balance against Purchase Contracts

 

a)    To set-off immediately (i.e. automatic set-off) in accordance with the Bursa Malaysia Securities Bhd ’s Fixed Delivery & Settlement System (“FDSS”), the Credit Balance or any part thereof where :

 

i) any amount(s) due to you for settlement of all purchase contract(s) under my securities trading account maintained with you; and/or

 

ii) the counter for which a purchase contract has been executed is suspended from trading by the relevant regulatory body for any reason whatsoever.

 

b)    Notwithstanding the provision in Paragraph 8 a) herein, you may at your absolute discretion immediately set-off in accordance with the FDSS, the Credit Balance or any part thereof, for purpose of settlement of any such purchase contract(s) you deem appropriate without reference to me in the event :

 

i) the Credit Balance is insufficient to settle all my purchase contracts executed through you; and

ii) no express instruction is given by me or my dealer’s representative in respect of any such particular contract(s) that I wish to settle, by T+3.

 

c) Upon exercising such set-off in paragraph 8 b) herein, if there is any outstanding amount due to you, you may at your absolute discretion force sell any securities that remain unpaid in accordance with the FDSS.

 

9)   Set-off Credit Balance against Contra Losses / Debit Notes

 

a)      To immediately set-off the Credit Balance or any part thereof, against any outstanding amount under any of my account(s) maintained with you (including without limitation contra losses, debit notes and all expenses reasonably incurred by you in compliance with this letter), whenever due respectively to you.

 

b)      Notwithstanding the provisions in paragraph 9 (a) herein, in the event the Credit Balance is insufficient to settle such outstanding amount, you may at your absolute discretion, immediately set-off the Credit Balance or any part thereof against any of the outstanding amount you deem appropriate without reference to me.

 

10)          Credit into Trust Account for Sales Proceeds / Contra Gains

 

a) To credit into the trust account in the following manner :

 

i) in accordance with the FDSS, all proceeds of sales; and

ii) not later than 3 trading days for contra gains.

 

 

11)          Condition Precedent

 

I hereby agree and declare that:

 

i) I am the beneficial owner; or have been duly authorised by the Board of Directors to give the foregoing authorisation, in respect of my account(s) maintained with you;

 

ii) You shall place the Credit Balance in any money market instruments for and on my behalf only if:

 

a)      it is free from any encumbrances (including all commission charges, interest, expenses and fees) arising from securities transaction under my account and subject to the clearance of cheque;

b)      it maintains amount of not less than RM1,000-00 (’the Minimum Balance”) under my account; and

c)     a collective Credit Balance of all your clients is not less than the minimum amount which any such licensed financial institution may require, from time to time, for the purpose of the Arrangement.

 

iii) any amount paid into my account by way of cheque must be cleared before any placement in money market instrument under the Arrangement is made.

 

iv) Payment for withdrawal from trust account will be made on the next trading trading day after receipt of such request from me/my dealer’s representative, subject to the clearance of cheque for any payment into such account.

 

v)      you are entitled to :

 

a)      effect the Arrangement with any licensed financial institution of your choice even if such licensed financial institution does not offer the highest rate of interest at the relevant times for the purpose of the Arrangement; and

b)      vary the Minimum Balance herein at your absolute discretion and from time to time by giving notice in writing.

c)      deduct the handling fee and expenses as you may deem fit (“the Fees”) from the interest earning in connection with the Arrangement

d)      vary the rate of the Fees or vary the time and manner of payment of the Fees without notice.

 

12)I hereby agree to be bound by all the terms and conditions of this letter which shall take effect on the date hereof and that this letter shall not derogate any of my obligations to HLIB and shall be in addition to any other security held by you.

 

 

 

 

 

I herby authorize and empower my dealer’s representative and/or other persons whom my dealer’s representative authorises to carry out the following functions in my behalf or otherwise in the name of the abovenamed Representatives to do and execute either jointly or severally as and when the Representatives shall either jointly or severally deem fit :-

 

a)   To collect cheques and  monies payable to me from you.

 

b)   To make payment to you for securities purchased by me.

 

c)   To carry out all any other matters relating to my trading activities with you.

 

d)   To substitute and appoint from time to time one or more other person as my   representative(s)  with the same power or more limited powers and such substitute(s) or appointee(s) shall be entitled to remove and to appoint such other representatives.

 

In consideration of you allowing me to trade under the Trading Account with you and acknowledging this Letter of Authorization, I hereby agree to the following :-

 

1)   I will not make any claims against you for all and any matters relating to this Letter of Authorization;

 

2)   I declare that you shall not be held liable or responsible to me for any loss or damage howsoever and whatsoever arising as result of  any act, neglect, omission or negligence of the Representatives or any of   them in their execution of their powers under this Letter of Authorization.

 

3)   I shall at all times unconditionally and irrevocably undertake to fully and effectively indemnify you and keep you fully and effectively indemnified against all actions, suits, proceedings, claims, demands, losses, charges, penalties, fees, fines, costs and expenses whatsoever made, taken brought, instituted, imposed, suffered, incurred, prosecuted or payable in any way howsoever (including without limitation arising from any negligent act or omission on your part or on the part of your agents, employees or servants) against or by you to any person arising out of or incidental to this Letter of Authorization; and

 

4)   I declare that this Letter of Authorization being given for valuable consideration shall be valid until written revocation is given by me to you and duly acknowledged by you or any of your authorized officers.

 

5)   I will ratify and confirm all and whatsoever the Representatives shall do in the premises by virtue of these presents.

 

6)        Failure or delay on your part to insist in any one or more instances upon performance of any provisions of this Letter of Authorization shall not be construed as a waiver or relinquishment of any of your right to future performance of such provision and my obligation in respect of such future performance shall continue in full force and effect.

 

7)   In the event that anyone or more of the provisions contained in this Letter of Authorization shall of any reason be held to be not enforceable, illegal or otherwise invalid in any respect under the law governing this Letter of Authorization (being the laws of Malaysia) or its performance, such unenforceability, illegality or invalidity shall not affect any other provision of this Letter of Authorization and this Letter of Authorization shall then be construed as if such unenforceable, illegal or invalidity provisions had never been contained herein.

 

                                                                                                                                               

 

 

To :        HONG LEONG INVESTMENT BANK BERHAD

 

1.	In consideration of you, Hong Leong Investment Bank Berhad (“HLIB”) at my request agreeing   :
	a)	to act as my stockbroker and to deal in securities on my behalf; and
	b)	only if I so and duly request, to allow me access to and usage of a system of electronic investor services (“the Service”) through the medium of communication agreed by you from time to time,
	I, the undersigned whose name and particulars are set out in the Schedule hereto, hereby charge to you by way of a first fixed charge:
	(i)	such number of securities which are listed for trading on the Bursa Malaysia Securities Berhad (“BMSB”) as shall be sufficient to amount to the value set out in the Schedule hereto which securities I have deposited and/or shall deposit with you or your nominee;
	(ii)	all the cash (which shall include all proceeds of sale and contra gains in all my accounts with you) and securities that are now and may from time to time be held in all of my accounts with you, whether my securities trading account and/or Central Depository System (“CDS”) account, as well as in the CDS account in the name of your nominee held in my favour;
	(hereinafter all such securities are called “the Securities” which expression shall include other securities or other forms of security acceptable to you whether additional and/or substituted or otherwise which may hereafter be deposited with and charged to you or your nominee at any time or from time to time) together with the duly executed blank share transfer forms or Forms for Request for Transfer (where applicable) in respect of the Securities or such other documents as will enable full legal and beneficial title to the Securities to be vested in your name or the name of your nominee) as continuing security for the payment and satisfaction on demand of all sums which are now and may from time to time hereafter be due and payable by me to you (“the Indebtedness”).
	I shall at your request at any time and from time to time deposit with and charge to you such further Securities as may be required by you so that the Security-Debt Ratio is maintained at not less than 1:1, Security-Debt Ratio (hereinafter called the “Ratio”) being defined as the ratio of the value of the Securities given and to be given to you as security to the Indebtedness, the value of the Securities to be determined by you as provided for in Clause 28.  I hereby agree that you shall be entitled at your discretion to vary the Ratio from time to time without any prior notice to me.
2.	The charge hereby created shall affect and the Securities shall include all dividends or interest paid or payable after the date hereof on the Securities and all stock shares (and the dividends or interest thereon) rights monies or property accruing or offered at any time by way of redemption bonus preference option or otherwise or in respect of any of the Securities hereby charged.
3.	(a)	I agree that all proceeds of sale and contra gains in all my accounts with you shall be retained by you and form part of the Security created under this Memorandum of Deposit (“MOD”) and therefore the Ratio is varied so that the trading limit is increased accordingly until I issue a written request in the form prescribed by you for the release of such proceeds of sale and contra gains to me PROVIDED ALWAYS that you shall not be obliged to release any or all of the same to me unless the prevailing minimum Ratio is maintained at the relevant time.
	(b)	In the event there are any outstanding losses or debit balances in my account, you or your nominee may without further notice to me utilize the cash that may be from time to time held in all of my accounts with you, whether my trading account and/or CDS account, as well as in the CDS account in the name of your nominee held in my favour and all and any amount then standing to the credit of any cash collateral deposit account in or towards discharge of the costs incurred therein and of the Indebtedness secured under the MOD and the residue (if any) after deducting there  from all amounts owed by me under any of the other Accounts as defined in Clause 10(g) of the MOD, shall be retained by you and the same may be disbursed to me in such manner as you in your absolute discretion deem fit.
4.	(a)	Subject to Clause 3 herein, you will place, for and on my behalf from time to time after deducting all amount(s) due to you for settlement of purchase contract commission charges interest expenses and fees  from securities transaction(s) under my account, all surplus monies ("the Credit Balance") held by you on trust for me in any money instruments and with any licensed financial institution as you deem fit, wherein such licensed financial institution may pay interest on such monies at a rate it determines from time to time (‘the Arrangement”), PROVIDED ALWAYS the following pre-conditions are satisfied :
	i)	the Credit Balance shall at any time and for all purposes be subject to clearance of cheque (if any);
	ii)	the trust account maintains an amount of not less than RM1,000-00 ('the Minimum Balance"); and
	iii)	a collective Credit Balance of all your clients is not less than the minimum amount which any such licensed financial institution may require, from time to time, for the purpose of this clause.
	iv)	deduct the handling fee and expenses as you may deem fit (“the Fees”) from the interest earning in connection with the Arrangement
	v)	vary the rate of the Fees or vary the time and manner of payment of the Fees without notice.
	(b)	For the purpose of Clause 4(a) and without prejudice to Clause 3, I hereby agree that you are entitled to set-off immediately in accordance with the BMSB's Fixed Delivery & Settlement System ("FDSS"), the Credit Balance or any part thereof
	i)	any amount(s) are due to you for settlement of all purchase contract(s) under my securities trading account maintained with you; and/or
	ii)	the counter for which a purchase contract has been executed is suspended from trading by the relevant regulatory body for any reason whatsoever.
	(c)	Notwithstanding Clause 4(b), you may at your absolute discretion set-off immediately in accordance with the FDSS, the Credit Balance or any part thereof, to settle any such purchase contract(s) you deem appropriate without reference to me where :
	i)	the Credit Balance is insufficient to settle all my purchase contracts executed through you; and
	ii)	no express instruction is given by me or my Dealer's Representative in respect of any such particular contract(s) that I wish to settle, by T+3.
	The term "Dealer's Representative" shall mean the appointed salaried dealer's representative or commissioned dealer's representative, as the case may be or   substitutes thereof, for purposes relating to my securities trading. The term "money instruments" shall include without limitation fixed deposit and repurchase agreement (Repo).
	(d)	For the purposes of Clause 4, I agree that :
	i)	the Credit Balance will be placed in any money instruments with any licensed financial institution of your choice as you deem fit even if such licensed financial institution did not offer the highest rate of interest at the relevant times;
	ii)	you shall not be liable for any fluctuations in any interest rates applicable to such money market instruments as aforesaid;
	iii)	upon exercising   your right to set-off under Clause 4(c), if there is any outstanding amount due to you, you may at your absolute discretion force sell any securities that remain unpaid in accordance with the FDSS;
	iv)	payment will be made on the next trading day after receipt of any request from me/the Dealer's Representative to withdraw the Credit Balance or any part thereof; and
	v)	you may vary the Minimum Balance at your absolute discretion and from time to time by giving notice in writing to me; and
	vi)	nothing in Clause 4 herein shall prejudice or affect your right to be indemnified by me in respect of any outstanding amount due to you.
5.	(a)	Further, you may at any time and from time to time at your absolute discretion serve me a Call Notice if there are any losses or debit balances outstanding in my account. If I fail to settle the said amount within the period specified in the Call Notice, you may without further notice sell or dispose of the Securities or any part thereof in such manner and for such consideration (whether payable or deliverable immediately or by installments) as you may think fit to settle the losses or any outstanding balance incurred by me PROVIDED THAT you shall be entitled to delay exercise of such right to sell notwithstanding that such right may have arisen until such time or times as you may think fit. Such proceeds of sale shall be dealt with in the manner provided for in Clause 3.
	(b)	I agree that you owe no duty of care to me to ensure that the Securities are sold for the best or highest price possible or a reasonable price and I hereby waive any and all rights which I may have to dispute the price(s) that you may obtain upon any sale or the timing of such sale. I acknowledge that any duty or requirement imposed upon you by law or herein or otherwise and whether expressly or impliedly to mitigate any loss consequent upon the occurrence of any default hereunder is hereby expressly excluded. Furthermore, you shall not be responsible for any loss or damage from or through any brokers or others employed in the sale of the Securities of for any loss or depreciation in value of any of the Securities arising from or through any cause whatsoever or for any other loss of any nature whatsoever in connection with the Securities.
6.	Any dividends, interest or other payments which may be received or receivable by you in respect of any of the Securities may be applied by you as though they were proceeds of sale notwithstanding that the power of sale may not have arisen and notwithstanding that subsequent to the signature of this MOD you may have paid the said dividends interest or other payments to me or my order.  Without prejudice to the rights and obligations hereby created any dividends interest or other monies hereby charged that may be received by me after the power of sale hereunder has arisen (less all fees and charges for handling dividend, processing of entitlement from merger, reorganization or reconstruction as prescribed by your nominee in consideration of its services herein and all expenses and outgoings whatsoever paid or incurred by your nominee with respect thereto) shall be held in trust for you and paid over to you on demand. You may, through your nominee deduct any amount due to you or your nominee from any moneys received by your nominee for me provided that notice in writing thereof is given to me.
7.	I shall at any time if and when required by you execute such further legal or other charges or assignments in your favour as you shall at any time and/or from time to time require over all or any of the Securities and all rights relating thereto both present and future (including substituted securities and any vendor's lien) and/or over any assets and any other transfers or documents that you may from time to time require for perfecting your title to the same or for vesting or enabling you to vest the same in you or your nominees or in any purchaser to secure the Indebtedness covenanted to be paid or otherwise hereby secured, such further charges or assignments to be prepared by you or on your behalf at my cost and to contain an immediate power of sale without notice and such other clauses for your benefit as you may reasonably require.
8.	During the continuance of this security I will pay all calls or other payments due in respect of any of the Securities and in the event of my default you may if you think fit make such payments on my behalf.  Any sum so paid by you shall be repayable by me or my legal representatives to you on demand and pending such repayments shall be a charge on the Securities and shall also bear interest from the date of payment at such rate(s) as you may determine in your absolute discretion.
9.	You or your nominee(s) may exercise at your or their discretion (in my name or otherwise at any time whether before or after the power of sale hereunder has arisen and without any further consent or authority on my part) in respect of any of the Securities all duties, rights and powers in respect of the same including any voting rights and all the powers given to trustees by statute in respect of securities or property subject to a trust and all powers or rights which may be exercised by the persons in whose name or names the Securities are registered under the terms thereof or otherwise.
10.	I hereby covenant that I shall :
	(a)	comply with the Rules for Trading by Member Companies, as amended from time to time, and all other rules directives and guidelines as may from time be prescribed by the BMSB or any other relevant authority (hereinafter collectively referred to as "the Trading Rules"), to the extent that they are applicable to me;
	(b)	not without your prior written consent create or purport to create or permit to subsist any mortgage debenture lien or encumbrance (other than in your favour) on or over the Securities or any part thereof or interest therein;
	(c)	not without your prior written consent sell, transfer or otherwise dispose of the Securities or any part thereof or interest therein or attempt or agree so to do;
	(d)	not do or cause or permit to be done any thing which may in any way depreciate jeopardise or otherwise prejudice the value to you of the security hereby created;
	(e)	not without your prior written consent withdraw or attempt to withdraw any of the Securities if the amount of the Indebtedness exceeds the value of the Securities, as valued by you in accordance with Clause 28;
	(f)	instruct you to purchase securities on my behalf within the trading limit set out in the Schedule hereto which trading limit may be varied by you at any time or from time to time without prior notice to me;
	(g)	irrevocably and unconditionally authorise you to debit my accounts to settle any monies payable by me under any other accounts including the cash or margin trading account and futures trading account (if any) opened with you or any of the subsidiaries of your parent company and to transfer the monies towards settlement of the outstanding balances under these other accounts ("the other Accounts"); and
	(h)	authorise my Dealer's Representative to communicate to you and/or instruct you on my behalf to exercise any rights or benefits (if any) which I am entitled to in respect of the Securities PROVIDED ALWAYS that this authorisation shall only be revoked by me by giving you prior notice in writing.
11.	If you receive notice of any subsequent mortgage assignment or other disposition affecting the Securities or any part thereof or interest therein you may open a new account for me.  If you do not open a new account then unless you give express notice to the contrary to me, you shall nevertheless be treated as if you had done so at the time when you received such notice and as from that time all payments made by or on behalf of me to you shall be credited or be treated as having been credited to the new account and shall not operate to reduce the amount due from me to you at the time when you received notice.
12.	You may at any time and from to time to time at your absolute discretion and at my expense register the Securities in your/your nominee's name even if the power of sale has not yet arisen.
13.	The Securities shall not be considered as satisfied by any intermediate payment or satisfaction of the whole or any part of the Indebtedness owing but shall be a continuing security and extend to cover all or any sums which shall for the time constitute the balance due from me to you on any account or otherwise.
14.	This security is in addition to any other security held by you now or hereafter and shall not be in any way prejudiced by any of the following:
	(a)	any variation addition or termination of any credit to me or of the terms thereof;
	(b)	any time forbearance or indulgence granted by you to me or to any surety or any other person;
	(c)	the renewal of any bills, notes, or other securities;
	(d)	your dealing with exchanging releasing modifying abstaining from perfecting or enforcing any securities other guarantees or rights which you may now or hereafter have from or against me or any other person;
	(e)	the taking of any other securities or guarantee from any other person; and/or
	(f)	your entering into any arrangement with me or with any other person or guarantor.
15.	I hereby agree that you may at any time without notice (before as well as after demand) notwithstanding any settlement of account or other matter whatsoever combine or consolidate all or any of my then existing accounts including accounts   in your name or my name jointly with others (whether in Ringgit Malaysia or in any other currency) wheresoever situate and or transfer any sum standing to the credit of any one or more of such accounts in or towards satisfaction of the Indebtedness owing by me to you.  Where such combination set-off or transfer requires the conversion of one currency into another, such conversion shall be calculated at such rate of exchange as may be determined by you in your absolute discretion for purchasing the currency for which I am liable with the existing currency so converted.
16.	Any monies received hereunder may be placed and kept to the credit of a suspense account for so long as you may think fit without obligation in the meantime to apply the same or any part  thereof in or towards discharge of the Indebtedness due by me to you.   Notwithstanding any such payment, in the event of proceedings in or analogous to liquidation composition or arrangement you may prove for and agree to accept any dividend or composition in respect of the whole or any part of the Indebtedness in the same manner as if this security had not been created.
17.	A declaration by any of your officers that I have made default and that the power of sale has become exercisable shall be, in the absence of manifest error, conclusive evidence against me in any legal proceedings.  For all purposes including legal proceedings, a certificate by any of your officers as to the money and liabilities for the time being due or incurred to you from or by me shall be conclusive evidence against me in any legal proceedings.
18.	Notwithstanding any provisions herein to the contrary, you are not obligated to release the Securities on the discontinuance of the security hereby created until and unless you have fully satisfied yourself that no further money and liabilities whether certain or contingent are now or hereafter owed or incurred to you by me.
19.	You are at liberty but not bound to resort for your benefit to any other means of obtaining payment or securing performance at any time and in any manner or order as you deem fit without affecting the security evidenced by this MOD. You may exercise and enforce your rights under this MOD either before resorting to other means of obtaining payment or securing performance or after such means have been resorted to in respect of any balance due or outstanding liabilities or obligations and in the latter case without entitling me to any benefit from such other means so long as any liability or obligation remains due or owing or payable or outstanding (whether actual or contingent) from me to you.
20.	No delay or omission on your part in exercising any right power privilege or remedy in respect of this MOD shall impair such right power privilege or remedy or be construed as a waiver nor shall any single or partial exercise of any such right power privilege or remedy preclude any further exercise thereof or the exercise of any other right power privilege or remedy. The rights powers privileges or remedies provided in this MOD are cumulative and exclusive of any rights powers privileges or remedies provided by law.
21.	a)	Any demand notice or other communication to me, from you or your nominee, shall be deemed to have been sufficiently served if sent through any one or more of the following methods :
	i)	by registered or ordinary post to my address stated herein or the address last known to you and shall be deemed to have been received two (2) calendar days after the date of posting notwithstanding postal delay of notification or whether the same is actually received by me or not;
	ii)	by facsimile   and shall be deemed to have been duly received upon successful transmission of the notice;
	iii)	if I utilise the Service, by transmitting such notice  by electronic mail to my email address stated herein or  to my last known email address known to you and shall be deemed to have been duly received at the moment of despatch;  or
	iv)	publishing such notice in the designated forum provided in the Service (if applicable) and shall be deemed to have been duly received at the moment of   publication.
	b)	All notices (including of any change in my address) sent by me to you shall be sent through the   designated forum as provided in the Service or sent by registered post or ordinary post or delivered personally to you at your then prevailing place of business or via facsimile and any such notices shall be deemed received by you only when you  have actual knowledge of the notices in the case of service through facsimile or through the designated forum provided in the Service (if applicable) or in the case of service by post or by hand when you had in fact received the same.
22.	No payment to you (whether under any judgement or court order or otherwise) shall discharge my obligations and liabilities hereunder unless and until you shall have received payment in full in Ringgit Malaysia and to the extent the amount of any such payment made in any other currency shall on actual conversion into Ringgit Malaysia fall short of such obligation liability expressed in Ringgit Malaysia you shall have a further cause of action against me and shall be entitled to enforce this MOD to recover the amount of the shortfall.
23.	You shall be at liberty at your absolute discretion and at any time with or without the concurrence of and without due or any notice to me to assign all your rights and obligations under this MOD to such person or persons on such terms as you may deem fit.  I shall not assign any of my rights under this MOD without your prior written consent.
24.	This MOD shall not be determined by you being absorbed by or amalgamating with or taking over any other corporation but shall endure and be available for past and subsequent advances and all other purposes for or by the absorbing or amalgamated company or concern and/or your successor in title.
25.	This MOD shall be in full force and binding upon me, my executor(s), administrators, heirs or legal/personal representatives and shall inure to your benefit and that of your successors or assigns.  This MOD shall not be determined or affected by my death or insanity but shall in all respects and for all purposes be binding and operative against my executor(s), administrators, heirs or legal/personal representatives as the case may be or in the case of my insanity against the person(s) legally entitled to represent me.
26.	The law governing the interpretation construction and enforcement of this MOD is the law of Malaysia and I hereby submit to the non-exclusive jurisdiction of the courts of Malaysia.
27.	I agree that the Trading Rules shall apply to this MOD and my contract with you in respect of your dealing in securities on my behalf ("the Contract") PROVIDED THAT in the event of any inconsistency between any provision in the Trading Rules and any provision in this MOD or the Contract, such provision in this MOD or the Contract, as the case may be, shall prevail but only to the extent that such provision in the Trading Rules is not mandatory.  In all other cases, such provision in the Trading Rules shall prevail.
28.	I agree that you are entitled to value the Securities in accordance with the following:
	(a)	a Security which is quoted on the Main Board of the BMSB shall be valued at 70% (or such other percentage as may be determined by you at your absolute discretion at any time and from time to time with or without notice to me) of the closing price per unit of that Security on the trading day immediately preceding the day of valuation;
	(b)	a Security which is quoted on the Second Board of the BMSB shall be valued at 40% (or such other percentage as may be determined by you at your absolute discretion at any time and from time to time with or without notice to me) of the closing price per unit of that Security on the trading day immediately preceding the day of valuation or 40% of RM10.00 (or such other percentage of such other sum as may be determined by you at your absolute discretion at any time or from time to time with or without notice to me) whichever is the lower;
	Provided that Securities which:-
	(c)	have been suspended from trading on the BMSB for any reason whatsoever (other than by reason of a temporary or voluntary suspension for a specific purpose, such as pending an announcement of dividends, bonds, rights issue or acquisition of any company or assets); or
	(d)	shall be excluded from valuation. (2)  are held under odd lots or non-marketable lots;
	(e)	notwithstanding subparagraphs (a) and (b) above, you shall have the absolute discretion to exclude any other Securities from valuation or ascribe any value other than in the manner set out in subparagraphs (a) and (b) above.
	The value of the Securities so determined by you shall be final and conclusive and binding upon me.
29.	In the event of any action in respect of this MOD being begun the court process by which it is begun may be served on me or shall be deemed to have been sufficiently served on me if it is forwarded by registered post to my address stated herein or the address last known to you and service shall be deemed to be made three (3) days after the date of posting irrespective of whether the same is actually received by me or not.
30.	All costs and expenses of and incidental to the preparation registration and enforcement of this MOD including your solicitors' costs on a solicitor-client basis shall be borne by me.
31.	I consent to the disclosure by you of such information regarding the conduct of my accounts with you and the Securities deposited with you to your parent company, other subsidiaries of your parent company and the regulatory authorities.
32.	I expressly acknowledge and confirm that as all transactions are conducted through a dealer's representative, you shall be entitled to rely solely on the Dealer's Representative's confirmation of the transactions executed for me. You shall not be entitled to require any verification from me as to the transactions executed by the dealer for me nor are you obliged or under any duty whatsoever to make any enquiry or require any verification of such transactions from me or any other party.
	Each contract note issued by you on a transaction shall be final and conclusive proof that the said transaction had been effected by or for me and shall not be challenged by me on any account whatsoever.
33.	In this Memorandum of Deposit where the context so permits:
	(a)	words importing any gender include all genders
	(b)	words applicable to natural persons include any body or persons company corporation firm or partnership corporate or unincorporated;
	(c)	words in the singular include the plural and words in the plural include the singular.