Mandatory Document :
This is a mandatory / compulsory
document from Broker and requires your
utmost care, attention and understanding. This is an additional requirements from Broker which if contravenes any rules,
regulations, articles, byelaws, circulars, directives and guidelines of SEBI
and Exchanges, shall be null and void.
[Refer SEBI Circular No. MIRSD/SE/Cir-19/2009
dated 03.12.2009]
1. Policy for Penny
Stock :
A stock that trades at a relatively
low price and market capitalization. These types of stocks are generally considered to be highly speculative
and high risk because of their lack of liquidity, large bid-ask spreads, small
capitalization and limited following and disclosure. Generally, the
Broker refuses to enter any order of clients for penny stocks.
The client is required to adhere to exchange / members' guidelines and due diligence while trading in such scrips.
Even trading in such scrips is very risky.
As such, we the broker, do
hereby warn the client not to deal in
any penny stocks. However, Broker
at its sole discretion, may allow or disallow the clients (on case to case basis) to deal in penny
stocks, subject to rules, regulations, articles, byelaws, circulars,
directives and guidelines of SEBI and Exchanges
as well as considering the prevalent market
and other circumstances, at related point of time. The exposure limit in such scrips shall vary
from client to client subject to RMS Policy of Broker and prevalent market condition from time to time without
prior notice.
2. Setting up client's exposure
limits :
The stock
broker may from time to time impose
and vary limits
on the orders that the client can place through
the stock broker's trading
system (including exposure
limits, turnover limits,
limits as to the number, value and/or kind of securities in respect
of which orders can be placed etc.). The client is aware and agrees that the stock broker
may need to vary or reduce the limits
or impose new limits urgently
on the basis of the stock broker's risk perception and
other factors considered relevant by
the stock broker including but not limited to limits on account of exchange / SEBI directions/limits (such
as broker level / market level limits in security specific/volume specific exposures etc.),
and the stock broker
may be unable to inform the client of such variation, reduction or imposition in advance. The client agrees that the stock broker shall
not be responsible for such variation, reduction or imposition or the client's inability to route any order through the stock broker's
trading system on account
of any such variation, reduction or imposition of limits. The client further
agrees that the stock broker may at any time, at its sole discretion and without prior notice, prohibit
or restrict the client's
ability to place
orders or trade
in securities through
the stock broker, or it may subject any order placed
by the client to a review
before its entry into the trading systems any may refuse
to execute / allow execution of
orders due to but not limited to the reason of lack of margin / securities or the order being outside the limits set by stock broker/exchange/SEBI and any other reasons which the stock broker may deem appropriate in the circumstances. The client agrees that the losses, if any on account
of such refusal
or due to delay caused by such review, shall
be borne exclusively by the client
alone.
System of the stock exchange and / or margin defined by RMS
based on their risk perception. Client
may take benefit of “credit for sale” i.e. benefit of share held as margin by
selling the same by selecting
Delivery option through order entry window on the trading platform, the value
of share sold will be added with the value of deposit and on the basis of that
client may take fresh exposure.
In case of exposure
taken on the basis of shares margin
the payment is required to be made before
the exchange
pay in date otherwise it will be liable to square off after
the pay in time or any time due to shortage of margin.
3. Applicable brokerage
rate :-
The Broker discloses that it shall charge
a brokerage at the rate being agreed by the client with Broker (including its
branches or sub- brokers)
depending upon market circumstances or as may be prescribed in KYC document / Back office
Software. However, the Broker shall adhere to the
maximum permissible limit (presently not to exceed 2.5 % ) as may be prescribed by SEBI / Exchanges from time to time. On option segment
of Exchange, it is hereby
disclosed that brokerage shall not exceed 2.5% of the premium amount
or Rs 100/-
(per lot) whichever is higher.
4. Imposition
of penalty / delayed payment
charges
Clients will be liable to pay late pay-in /
delayed payment charges for not making payment of their payin
/ margin obligation on time as per the
exchange requirement / schedule at the rate of
18% per annum. However, the client discloses that he/she/it is aware and specifically agree
that this is just an additional
/ ad-hoc facility and shall not be construed / resulted into
permanent practice leading
to funding by broker in contravention of applicable laws. The client agrees that the stock
broker may impose fines / penalties for any orders
/ trades / deals / actions of the
client which are contrary to this agreement / rules / regulations / bye laws of the exchange or any other law for the time
being in force,
at such rates
and in such form as it may deem
fit. Further where the stock broker has to pay any fine or bear any
punishment
from any authority in connection with / as a consequence of / in relation to any
of the orders / trades / deals / actions of the client,
the same shall be borne by the client.
5. The right to sell client's
securities or close clients'
positions,
without
giving
notice
to
the client, on account of non-payment of client's dues
a) The Client also agree and confirm that in case
of any delay (beyond permissible
time limit as per SEBI's or Exchange's rules, regulations, byelaws,
circulars and other applicable
laws / provisions) or in-ordinate
delay in making the payment or clearance of or meeting
up of any obligations, dues, debit balances, margin, MTOM debit balance etc. by client, then client's
open positions might be squared-off, credit balances of securities or securities lying with Broker might be sold off, credit balance of funds might be adjusted against client's obligation, debit balances
or liabilities WITHOUT ANY
NOTICE from Broker as per prevalent RMS policy from time to time. This right
of stock broker
is without prejudice of other rights
of stock brokers(Including the right
to refer the matter to arbitration).
b) The
client shall ensure timely availability of funds /
securities in form and manner at designated time and in designated bank and depository
account(s), for meeting
his/her/its pay in obligation of funds and securities. Any and all
losses and financial charges on account
of such liquidations / closing out shall be charged
to & born by the client.
c) In cases of
securities lying in margin account/client beneficiary account and having corporate actions like Bonus, Stock split, Right issue etc, for margin or other purpose the benefit of shares due to received
under Bonus, Stock
split, Right issue etc will be given when the shares
is actually received
in the stock broker designated demat account.
d) In case the
payment of the margin / security is made by the
client through a bank instrument, the stock broker shall be at liberty to give the benefit / credit for the same only on the realization of the funds from the said
bank instrument etc, at the absolute discretion of the stock broker. Where the margin / security is made available by way of
securities or any other property, the
stock broker is empowered to decline its acceptance as margin / security &/or
to accept it at such reduced
value as the stock broker
may deem fit by applying
haircuts or by valuing it by marking
it to market or by any other
method as the stock
broker may deem fit in its absolute
discretion.
e) The stock broker
has the right
but not the obligation, to cancel all pending orders
and to sell/close/liquidate all open positions
/ securities /shares at the pre-defined square off time or when Mark to Market (M-T-M) percentage reaches or
crosses stipulated margin percentage, whichever is earlier. The stock broker
will have sole discretion
to decide referred stipulated margin
percentage depending upon the market condition. In the event of such square off, the client agrees to bear all the
losses based on actual executed
prices, the client
shall also be solely liable for all and any penalties and charges levied by the exchange(s).
6. Shortages in obligations arising out of internal netting
of trades
Stock broker shall not be obliged to deliver
any securities or pay any money
to the client unless
and until the same has been
received by the stock broker from the exchange, the clearing corporation / clearing house or other company or entity liable to
make the payment
and the client has fulfilled
his/her/its obligations first.
The policy
and procedure for settlement of shortages in obligations arising out of internal netting
of trades is as under:
a) The Short delivering client is debited by an amount equivalent to 20% above of closing rate of day prior to Payin /Payout Day. The securities delivered short are purchased from market on T+2
day and the purchase consideration
(inclusive of all statutory taxes & levies)
is debited to the short
delivering seller client
along with reversal entry of
provisionally amount debited earlier.
b) If securities cannot be purchased
from market due to any force major condition, the
short delivering seller is debited at the closing rate on T+2 day or Auction
day on Exchange+10% where the delivery is matched
partially or fully at the Exchange
Clearing, the delivery and debits/credits shall be as per Exchange
Debits and Credits.
c) In cases
of securities having
corporate actions all cases of short delivery
of cum transactions which can not be auctioned
on cum basis or where the cum basis auctioned on cum basis or where the cum basis auction
payout is after the book closure / record
date , would
be compulsory closed
out at higher of 10% above the official
closing price on the auction
day or the highest traded price
from first trading
day of the settlement till the auction
day.
d) During the period client account is suspended, the market transaction in client
account will be prohibited. However client balance/ledger balance
e) In the case of funds default by the client, the member shall be liquidating the stocks to recover the money. Any shortfall arising out of liquidating securities by the members shall also be recovered from the
defaulting client along with interest
(decided by the member from
time
to time).
7.
Restrictions/Prohibition to take further position or closing existing position:
Under any of the circumstances,
such as, client's failure to meet pay-in
or margin obligations or clearance of outstanding/debit balance
with broker before permissible time limit
or beyond such period as may be allowed
by broker as per its RMS policy, the Client may not
be permitted to take any fresh or further position until the full clearance
of earlier dues, obligation, outstanding etc.
Even, broker can firstly set-off or
adjust the payment or securities towards
various dues and obligation of the client
and until the full clearance of the same,
shall not allow the
client to take further
/ fresh position.
Further, it would
be the duty of the client to monitor his/her/its position with the Broker from time to time.
In case of any delay or failure in meeting any obligation,
margin requirements etc. from client side, broker
might close the existing position or
open position WITHOUT ANY FURTHER INTIMATION to the client as per RMS policy.
Such Circumstances may include (but not limited to):
(i) failure to meet pay-in obligation on T+1 day,
(ii) delay in meeting
the pay-in or margin
requirement,
(iii) delay or failure
in clearance of outstanding or dues to the broker,
(iv) returning or frequent
returning of cheques of the client,
(v) Unnecessary / Unwarranted
dispute from client without
any substantial cause
/ reason,
(vi) Client's attitude
of not coming to the amicable settlement for any dispute
that can be settled without involvement of Exchange and /or SEBI,
(vii) As per prevalent RMS policy of the Broker,
(viii) Any direction from SEBI/Exchange or such other
authorities.
(ix) Under such other
circumstances as the Broker might
think just and proper on case to case basis.
8. Suspension / Deregistering of Client Account:
The Broker
and / or client may suspend Client's Trading Account
from further dealing in the securities market
through the broker in following circumstances:
(a) as per Client's
prior written request
of atleast 3 working days submitted to Broker at its H.O. duly acknowledged by Broker (subject
to clearance of entire outstanding/ obligations),
(b) Dormant or in-active status of client account beyond specified time limit as may be prescribed by Broker.
(c) Under any circumstances mentioned in (i) to (ix) above.
9. Re-activation of Temporarily suspended Client Account.
On
the request of the client in writing, the client account can be suspended temporarily and same can be activated
on the written request
of the client only. During
the period client account is suspended,
the market transaction in the client account
will be prohibited. However client
shares/ledger balance settlement can take place.
10. Re-activation
of already closed
Client Account.
On the
request of the client
in writing, the client account
can be closed provided the client
account is settled. If the
client wants to reopen the account in that case client has to again complete the
KYC requirement.
11. Deregistering a client :
Notwithstanding anything
to the contrary stated in the agreement, the stock broker shall be entitled to terminate the agreement with immediate effect in any of the following circumstances:
(i) If the action of the client
are prima facie
illegal improper or such as to manipulate the price of any securities
or disturb the normal/
proper functioning of securities
or disturb the normal / proper functioning of the market,
either alone or in
conjunction with others.
(ii) If there is any commencement of a legal process
against the client under any law in force;
(iii) On the death/lunacy or other
disability
of the Client;
(iv) If the client
being a partnership firm, has any steps taken
by the Client and/or its for dissolution of the partnership;
(v) If the Client suffers any adverse material
change in his/her/its financial position or defaults in any other
agreement with the Stock broker;
(vi) If there is reasonable apprehension that the Client is unable to pay its debts or the Client
has admitted its inability to pay
its debts, as they become
payable;
(vii) If the Client
is in breach of any term, condition or covenant of this Agreement;
(viii) If the Client
has made any material misrepresentation of facts, including
(without limitation) in relation to the Security;
(ix) If a receiver, administrator or liquidator has been appointed or allowed to be appointed of all or any part of the undertaking of the
Client;
(x) If the Client
have taken or suffered
to be taken any action
for its reorganization, liquidation or dissolution;
(xi) If the
Client has voluntarily or compulsorily become the subject
of proceedings under any bankruptcy or insolvency law or being a company, goes into liquidation or has a receiver appointed in respect of its assets
or refers itself
to the Board
for Industrial and Financial Reconstruction or under any other law providing protection as a relief
undertaking;
(xii) If any covenant or warranty of the Client
is incorrect or untrue
in any material respect;
12. Policy for Dormant
/ In-active account:
As
per Broker's RMS policy, the account
in which no transactions has took place during the period of not less than 60 months
from the date of last transaction, the
same shall be considered as Dormant / In-active account. Such transaction
date may relate to any of the following date,
which ever is later:
(a) Entry related
to contract or bill generation for buy/sell transaction or
(b) Entry related
to payment of funds or securities by client or
(c) Entry passed by the broker by way of JV due to
any dues/obligation recoverable from client including but not limited to
auction charges, any penalty amount
whether or not imposed by Exchange or SEBI or other authorities etc.
To designate
the client's account as Dormant /
In- active
account, the period of 60 months shall be counted from the last day of
respective month in which any of the aforesaid last transaction took place. In case Broker treats the account of
client as a dormant / in-active
account, the funds or securities lying with the broker shall be
refunded / returned to clients immediately on demand by the client. In order to reactive
the account, client needs to instruct
the Broker in writing at least 3 working
days in advance at its Baroda H.O. The
Broker will try to promptly reactivate the said account subject
to fulfillment of such conditions as
Broker may consider fit and proper. Such written request may also be sent by Client himself
to compliance department thru Fax on- 0265-2361450 or
e-mail on info@fortunefiscal.com
from client's
own e-mail account registered with Broker. However, Broker may in its own discretion, waive / reduce the period of 3 working
days as the circumstances may warrant on case to case basis.
13. Client Acceptance of Policies and Procedures stated
hereinabove:
I/We have fully understood the same and do hereby sign the same and agree not to
call
into question the validity, enforceability and applicability of any provision/clauses this document any circumstances what so ever. These Policies and Procedures may be amended
/ changed unilaterally by the broker, provided the change is informed to me / us with through any one or more means
or methods. I/we agree never to challenge the same on any grounds including delayed receipt / non receipt or any other reasons whatsoever. These Policies and Procedures
shall always be read always be read along with the agreement and shall be compulsorily referred to while deciding any dispute / difference or claim between me / us and stock broker before any court of law /
judicial / adjudicating authority including arbitrator / mediator etc.