Traditional Culture Encyclopedia - Weather forecast - Principal-agent agreement for Hong Kong Stock Connect trading of Shenzhen Stock Exchange
Principal-agent agreement for Hong Kong Stock Connect trading of Shenzhen Stock Exchange
Party A: Name (or name):
Home address (or residence):
Name of legal representative (institutional investor):
Personal ID number (individual investor)/company business license number (institutional investor):
Contact information, etc. :
Party B: Pacific Securities Co., Ltd. Branch:
Domicile:
Person in charge:
Contact information:
According to People's Republic of China (PRC) Securities Law, People's Republic of China (PRC) Contract Law, People's Republic of China (PRC) Electronic Signature Law and other relevant laws, regulations, rules, self-discipline rules, the business rules of China Depository and Clearing Co., Ltd. (hereinafter referred to as China Clearing) and the trading rules of the stock exchange, Party A and Party B have reached the following agreement on matters related to Party A's entrustment of Party B to conduct Hong Kong Stock Connect trading.
The Hong Kong Stock Connect referred to in this entrustment agreement is the Hong Kong Stock Connect under Shenzhen-Hong Kong Stock Connect. After the signing of this agreement, Party A can only entrust Party B to buy and sell shares of Hong Kong Stock Connect through the Shenzhen-Hong Kong Stock Connect. The securities bought by Party A through the Hong Kong Stock Connect under Shenzhen-Hong Kong Stock Connect cannot be sold through the Hong Kong Stock Connect under Shanghai-Hong Kong Stock Connect for the time being.
Chapter I Statements and Commitments of Both Parties
Article 1 Party A makes the following statements and commitments to Party B:
(1) Party A has the legal subject qualification for trading in Hong Kong Stock Connect, and there is no circumstance that laws, administrative regulations, departmental rules, other normative documents and self-discipline rules prohibit, restrict or are inappropriate to participate in trading in Hong Kong Stock Connect;
(2) The source of funds used by Party A for the Hong Kong Stock Connect transaction is legal, and Party A guarantees to abide by the relevant national anti-money laundering regulations;
(3) Party A has read and fully understood the provisions of the China Securities Regulatory Commission on the interconnection mechanism between the mainland and Hong Kong stock markets, the business rules of Shenzhen Stock Exchange (hereinafter referred to as Shenzhen Stock Exchange) and China Securities Depository and Clearing Co., Ltd. (hereinafter referred to as China Clearing) on Hong Kong Stock Connect, and other relevant documents provided by Party B;
(4) Party A guarantees that all certificates, materials and other information provided to Party B at the time of signing this Agreement and during the existence of this Agreement are true, accurate, complete and effective, and assumes all responsibilities caused by untrue, incomplete or invalid materials, and agrees that Party B can legally verify and submit Party A's information.
(V) Party A promises to carefully assess its investment needs and risk tolerance, and bear the risks of its participation in the trading of Hong Kong Stock Connect.
(VI) Party A confirms that it has read and fully understood and accepted all the terms of this Agreement, clearly understands and is willing to bear all kinds of risks in the trading of Hong Kong Stock Connect, and accurately understands its meaning, especially the risk disclosure, rights, obligations and exemption clauses of both parties.
(VII) Party A promises to abide by relevant laws, administrative regulations, departmental rules, other normative documents, self-discipline rules, China settlement business rules and trading rules of mainland and Hong Kong stock exchanges, and undertakes to handle business according to relevant business processes of Party B..
(VIII) Party A promises that China Clearing will hold the securities obtained through Hong Kong Stock Connect on its behalf. ..
(IX) Party A guarantees that the above statements, promises and guarantees are always true and valid within the validity period of this Agreement.
(X) Party A guarantees that the contents of the above statements and commitments are my true wishes, and voluntarily bears all the consequences of false statements.
Article 2 Party B represents and promises to Party A as follows:
(1) The securities company to which Party B belongs is a securities operation institution established and effectively existing in accordance with mainland laws, and has the corresponding securities brokerage qualification. Party B has opened the business authority of Hong Kong Stock Connect and can provide corresponding services for Party A's trading of Hong Kong Stock Connect in accordance with this agreement.
(2) Party B promises to abide by this agreement and provide Party A with the agency service for the trading of Hong Kong Stock Connect according to this agreement.
(3) Party B promises to abide by relevant laws, regulations, rules, self-discipline rules, China settlement business rules and trading rules of the stock exchange.
(4) Party B will not accept any discretionary transaction of Party A, guarantee the investment gains or losses of Party A's Hong Kong Stock Connect transaction in any form, fabricate or spread false information to mislead Party A, and induce Party A to make unnecessary financial market investment or any other investment behavior.
(V) Party B promises to carry out the legal and effective entrustment issued by Party A in the manner agreed in this Agreement, and send entrustment instructions to the stock exchange or China Clearing.
(VI) Party B promises to abide by this Agreement and provide Party A with the agency service for the trading of Hong Kong Stock Connect according to this Agreement.
(VII) Party B guarantees that the above statements and guarantees are always true and valid within the validity period of this Agreement.
Chapter II Entrusted Agency
Article 3 Both parties agree that Party B accepts the entrustment of Party A and provides the following services for its agent:
(1) Accept and execute the legal and effective entrustment instruction issued by Party A in the manner agreed in this Agreement;
(2) Acting as Party A's agent for clearing and settlement of funds and securities;
(3) Securities purchased by Party A or obtained by other means;
(4) Providing nominal holder services such as dividend distribution to Party A;
(5) Accepting Party A's inquiries about its entrustment, transactions, assets and changes in its accounts, and providing corresponding lists at the request of Party A;
(VI) Other activities that Party B can engage in on behalf of Party A as stipulated by laws, administrative regulations, departmental rules, other normative documents and self-discipline rules, and other entrusted matters agreed by both parties according to law.
Article 4 Before Party A participates in the trading of Hong Kong Stock Connect, it shall first open an account with Party B in accordance with laws, regulations and relevant business rules for Party A's securities trading, clearing and settlement, interest calculation, etc. Party B shall open a securities account on behalf of China Settlement, and abide by the relevant provisions of China Settlement.
Party A can use the opened Shenzhen A-share securities account (Shenzhen RMB common stock securities account) to conduct Hong Kong Stock Connect transactions.
If Party A opens a new securities account, the trading of Hong Kong Stock Connect can start from the next trading day of Hong Kong Stock Connect, and the shares transferred to custody by investors can only be sold from the next trading day of Hong Kong Stock Connect.
Party A shall not cancel the securities account in case of trading behavior, declaration, no transaction or other circumstances stipulated by Shenzhen Stock Exchange and China settlement business.
Article 5 Party A has known and admitted that there are differences in refresh frequency and gear display. Between the free first-class quotation obtained by Party A and the quotation obtained by payment; Party A shall only use the above market information as the end user, and shall not provide it to any institution or individual, nor shall it be used to develop indexes or other products without the consent of The Stock Exchange of Hong Kong Limited (hereinafter referred to as the "Stock Exchange"); Stock exchanges, their holding companies, subsidiaries of holding companies and other market information providers will try their best to ensure the accuracy and reliability of the above market information, but they cannot guarantee its absolute accuracy and reliability, and will not be responsible for any loss or damage caused by inaccurate or omitted information.
Article 6 The way for Party A to issue the entrustment instruction to Party B shall be agreed by both parties. The ways in which Party A sends entrustment instructions to Party B include counter entrustment, self-help entrustment and other legal entrustment methods recognized by Party B. Self-help entrustment includes online entrustment, telephone entrustment and hot key entrustment. The specific entrustment method shall be subject to the actual opening.
Article 7 In order to protect the legitimate rights and interests of Party A and Party B, Party A and Party B have reached the following agreement on the use of the self-service entrustment system provided by Party B to buy and sell Hong Kong Stock Connect securities:
(1) Self-service entrustment refers to the entrustment way for investors to use certain terminal equipment to conduct related business by inputting their own accounts and passwords.
(2) Party A applies to Party B for opening the self-service entrusted trading mode, and Party B accepts Party A's application.
(3) The contents and methods of instructions such as entrustment and revocation of entrustment issued by Party A to Party B on the Hong Kong Stock Connect transaction shall comply with the relevant regulations of the stock exchange.
(4) Party A shall provide relevant information to Party B in accordance with regulations when handling self-service entrusted account opening, to ensure that the information provided is true, accurate, complete and effective, and is willing to be responsible for the consequences of the information provided. When the relevant information changes, Party A promises to handle the change procedures. Party A shall be responsible for the responsibility caused by the failure to change the information in time.
(V) When Party A deems it necessary, it can modify the transaction password by itself through the self-service entrustment system. If you forget your password, you can apply to Party B to clear the original password and reset it according to Party B's regulations. All transactions conducted by password are deemed to be handled by Party A personally, and all consequences arising therefrom (including but not limited to securities theft, trading, etc.) shall be borne by Party A. ..
(VI) Party A must operate carefully according to the screen or language prompts when operating, and all consequences caused by operational errors shall be borne by Party A. ..
(VII) Party B shall not be liable for losses caused by risks and unforeseeable or irresistible factors (including but not limited to system failure, equipment failure, communication failure, power failure, etc.). ) What Party A may encounter in the trading of Hong Kong Stock Connect.
(VIII) All data of securities self-service entrusted transaction shall be subject to Party B's computer data, and whether the transaction is completed shall be subject to the delivery note. Party A shall make an inquiry to Party B within three days after the entrustment is issued. If there is any objection to the result, it shall make a written inquiry to Party B on the day of inquiry. If Party A fails to make an inquiry within the time limit or fails to make a written inquiry to Party A about the disputed inquiry result, it shall be deemed that Party A has confirmed the result.
(9) Keep Party A's securities account card and other materials properly. In case of loss, Party A shall apply to Party B for loss reporting, and all consequences arising before the loss reporting takes effect shall be borne by Party A. ..
(10) Party A shall take good care of the equipment and other property provided by Party B for Party A's use, and Party A shall be responsible for equal compensation in case of any damage.
Article 8 When entrusting online, Party A can only use the software directly provided by Party B or the software downloaded by Party A from the website designated by Party B according to Party B's instructions. The consequences, risks and losses arising from online entrustment of the software obtained by Party A in other ways shall be borne by Party A..
Online entrustment refers to the service mode that Party A sends entrustment instructions to Party B's online entrustment system through the Internet or mobile communication network to obtain transaction results. Internet terminals entrusted online include computers, mobile phones and other equipment connected to the system entrusted by Party B through the Internet or mobile communication network.
Article 9 In addition to the risks of other entrustment methods, Party A shall fully understand and realize its existence, and shall not be limited to the following risks:
(1) Due to data transmission on the Internet and mobile communication networks, trading orders may be interrupted, suspended, delayed and data errors may occur;
(2) Party A's account number and password information are leaked or the investor's identity may be faked;
(3) Due to the possibility of malicious attacks by hackers on the Internet and mobile communication networks, unpredictable factors such as the failure of network servers, errors or delays in market information and other securities information;
(4) Party A's network terminal equipment and software system may be illegally attacked or infected with viruses, resulting in failure to issue entrustment or failure of entrustment;
(5) Party A's network terminal equipment and software system are not compatible with the online trading system provided by Party B, so the entrustment cannot be issued or the entrustment fails;
(VI) Party A's lack of online entrustment experience may lead to entrustment failure or entrustment error due to improper operation;
(7) When Party A conducts the trading of Hong Kong Stock Connect through the online trading system due to network failure, the network terminal equipment of Party A has shown that the entrustment was successful, but the server of Party B has not received its entrustment instruction, so there is a risk that Party A cannot trade; Party A's network terminal equipment failed to display successfully, and Party A issued the entrustment instruction again. Party B's server has received the entrustment instruction from the investor twice and traded according to it, which makes Party A have the risk of repeated transactions.
The above risks may cause losses to Party A. ..
Article 10 Party A and Party B may agree in writing on other entrustment methods other than those agreed in Article 5 of this Agreement, and agree on the execution procedures and authentication methods of such entrustment methods.
Article 11 Before using Party B's online client software, Party A shall obtain the download and installation, certificate application instructions and user manual of Party B's online securities entrustment system, and may apply to Party B for personal CA digital certificate for online identity verification. Party B shall, according to Party A's requirements, determine whether Party A must verify the legitimacy of Party A's identity through the signature of personal CA digital certificate when entrusting online.
Article 12 A digital certificate (if any) or transaction password is a valid identification for online securities entrustment.
Party A shall properly keep my digital certificate (if any) or password for online trading, and shall not disclose or transfer it without authorization. If the digital certificate (if any) or online transaction password is lost or damaged, Party A has the responsibility to report the loss to Party B at the first time. All losses caused by Party A's keeping my digital certificate (if any) or incorrect password for online trading shall be borne by Party A. ..
Article 13 When handling online entrustment, Party A shall open other entrustment methods such as counter entrustment and telephone entrustment. When Party B's online securities entrustment system appears, Party A can use the above other entrustment methods to issue entrustment instructions.
Article 14 Party A and Party B may agree in writing on other entrustment methods other than those agreed in Article 5 of this Agreement, and agree on the execution procedures and authentication methods of such entrustment methods.
Article 15 Party A shall open various entrustment methods at the same time. When one of Party B's self-service entrustment systems fails or has other abnormal conditions, Party A may issue entrustment instructions through other entrustment methods.
Article 16 The contents and methods of instructions such as entrustment and revocation of entrustment issued by Party A to entrust Party B to trade on behalf of Hong Kong Stock Connect shall comply with the relevant trading rules and the relevant provisions of this Agreement. When Party A conducts the trading of Hong Kong Stock Connect through the system entrusted by Party B, Party A shall bear the losses caused by Party A's operational mistakes or Party A's instructions violating the relevant trading rules or this Agreement, or other reasons attributable to Party A. ..
Article 17 If the instruction issued by Party A is rejected by Party B's entrustment system or the trading system of the stock exchange, the entrustment shall be deemed invalid.
Before entrustment, Party A shall ensure that it has fully understood the relevant trading rules and avoid issuing invalid entrustment instructions.
Article 18 When Party B accepts Party A's entrustment instruction, if Party B fails to execute Party A's new entrustment instruction because Party A's original entrustment instruction has not been revoked, Party A shall bear the consequences, risks and losses caused thereby.
Article 19 During the validity period of the entrustment, Party A may issue an instruction to cancel the entrustment (unless otherwise stipulated in the trading rules) for the entrustment that does not show the trading return. However, due to the fluctuation of market price and the speed of trading return at any time, although Party A's instruction to cancel the entrustment was issued by Party B, the entrustment of Party A may have been concluded in the market. At this time, Party A shall acknowledge and accept the transaction result.
Article 20 Whether Party A entrusts the closing instruction shall be subject to the settlement data sent by China Clearing, and the immediate return of closing is for reference only. Due to technical reasons such as market, equipment and network communication, if the transaction price is higher than the selling price entrusted by Party A or lower than the buying price entrusted by Party A, there is still no immediate transaction return. At this time, whether Party A entrusts the closing instruction shall be subject to the settlement data sent by China Settlement. Party B accepts Party A's inquiry about the entrusted transaction, the change of account funds and securities, and provides the corresponding list according to Party A's requirements.
Article 21 Party A should pay special attention to the fact that we cannot participate in subscription, over-allotment and over-allotment of new shares through the Hong Kong Stock Connect business.
Article 22 When Party A finds any of the following abnormal situations, it shall immediately notify Party B to ensure the normal transaction of Party A can be resumed as soon as possible:
(1) The stock exchange has opened, and Party A cannot access the entrusted trading system;
(2) Party A finds that the balance of assets in the account and the entrustment record are abnormal;
(3) Party A finds that someone uses his digital certificate or account password without authorization.
(4) Party A finds other abnormal conditions that affect its normal transactions.
If Party A fails to notify Party B immediately when the above system abnormality occurs, the consequences, losses and risks arising therefrom shall be borne by Party A..
Article 23 Party A shall inquire about the entrustment result to Party B within three trading days after the entrustment instruction is issued. Party A shall ask Party B in writing on the inquiry date if it has any objection to the entrustment result or finds that the system is abnormal.
If Party A fails to handle the inquiry within the time limit or fails to ask Party B in writing about the disputed inquiry result, it shall be deemed that Party A has no objection to the entrusted result.
Article 24 Party A may require Party B to provide a detailed transaction list. Party A can inquire and print at the counter of Party B's business place or through other means provided by Party B. If both parties agree on the delivery method and delivery time in writing, Party B shall implement it as agreed.
Article 25 The trading entrustment of Party A must comply with laws and regulations and the trading rules of the stock exchange. Party B will remind Party A of any misconduct that Party A has or may have as stipulated by the Hong Kong securities regulatory authorities and the stock exchange, and may refuse to accept the entrustment of Party A. ..
Article 26 The trading orders issued by Party A through its account and the way of issuing the orders shall comply with the provisions of laws and regulations, trading rules of the securities market and other financial markets. If Party A's trading instructions violate laws and regulations, trading rules of the securities market and other financial markets, Party B has the right to take restrictive measures on Party A's account according to the requirements of financial regulatory agencies or self-regulatory organizations such as stock exchanges, including but not limited to time limit, quantity limit, amount limit and variety limit. The consequences arising therefrom shall be borne by Party A. ..
Article 27 If Party B finds that the source of funds of Party A is illegal or violates the relevant anti-money laundering regulations, it shall assist and cooperate with judicial organs and administrative law enforcement organs to crack down on money laundering activities according to law, and has the right to assist judicial organs, customs, taxation and other departments to inquire, freeze and deduct the assets in Party A's account according to the provisions of laws and regulations.
Article 28 In any of the following circumstances, Party B may request Party A to make corrections within a time limit. If Party A fails to make corrections within the time limit or refuses to make corrections, Party B may refuse to accept Party A's entrustment and suspend Party A's use of its account (including but not limited to: restricting deposit and withdrawal, restricting transactions, etc.). ) or terminate the principal-agent relationship with Party A according to the situation, and the losses caused thereby shall be borne by Party A:
(1) Party B finds that the identity documents and certificates provided by Party A are seriously inaccurate, and requests Party A to re-open a real identity account, but Party A refuses;
(2) The original identity certificate or identity certificate submitted by Party A has expired and Party A is required to update it, but Party A fails to update it within a reasonable period without justifiable reasons;
(3) Party B finds that the source of funds of Party A is illegal or violates relevant anti-money laundering regulations;
(4) Party A seriously damages the legitimate rights and interests of Party B and affects its normal business order;
(5) Party A violates the rules of the stock exchange and the requirements of the securities regulatory system, and conducts illegal, illegal or abnormal transactions through Party B's trading system;
(VI) Other circumstances under which Party B can take corresponding measures against Party A as stipulated by laws, regulations, rules and policies, rules and guidelines.
Chapter III Liability and Exemption Clauses of Both Parties
Article 29 When Party A entrusts Party B to buy or sell securities, it shall ensure that there are enough funds or securities in its account, and bear corresponding clearing and settlement responsibilities according to the transaction results; Otherwise, Party B has the right to refuse Party A's entrustment instruction .. When Party A's funds or securities are insufficient, if Party A successfully buys or sells them for abnormal reasons, Party A shall bear the responsibility of returning overdraft funds or shorting securities. Party B may dispose of Party A's funds and securities, including but not limited to restrictions on withdrawal and trading, lien, deduction and compulsory liquidation. All losses and legal consequences caused by this shall be borne by Party A, and Party B has the right to recover the losses caused by this from Party A. ..
Article 30 Where Party A entrusts Party B to buy or sell securities, it shall pay transaction fees, trading system usage fees and other fees in accordance with the market charging standards of the stock exchange, and pay stamp duty and other taxes in accordance with relevant regulations of Hong Kong.
Article 31 Party B shall not be liable for the losses caused to Party A by earthquake, typhoon, flood, fire, war, plague, social unrest and other force majeure factors.
Article 32 Party B shall not bear any responsibility for the losses caused to Party A due to accidents such as system failure, equipment failure, communication failure, power failure and other non-Party B's human factors, as well as other exemption situations stipulated by regulatory agencies and self-regulatory organizations. No fault.
Article 33 After the events mentioned in Article 31 and Article 32 of this Agreement occur, Party B shall take timely measures to prevent Party A's losses from further expanding.
Article 34 Party A understands and recognizes China Clearing's settlement of securities and funds traded on Hong Kong Stock Connect with Hong Kong in accordance with the business rules of Hong Kong Securities Clearing Company Limited (hereinafter referred to as "Hong Kong Clearing"). The domestic settlement of Hong Kong Stock Connect transactions is organized and completed by China Clearing in accordance with relevant business rules.
Article 35 The securities obtained by Party A through the Hong Kong Stock Connect shall be deposited and settled in Hong Kong in the name of China Clearing, and registered in the register of shareholders of listed companies of the Stock Exchange in the name of Hong Kong Securities Clearing (Agency) Co., Ltd. ... Unless otherwise stipulated by the China Securities Regulatory Commission, Party A shall not require the deposit or withdrawal of paper stocks.
Article 36 Where Party A knows and recognizes that Hong Kong Settlement implements cash settlement for China Settlement due to the inability to deliver securities, China Settlement shall conduct corresponding business treatment with reference to the principle of Hong Kong Settlement; If special settlement arrangements are temporarily made for Hong Kong settlement due to typhoon, black rainstorm and other reasons, China settlement shall be handled in accordance with the principle of Hong Kong settlement; Party A agrees that Party B shall handle the business in accordance with the business rules of China settlement. If Hong Kong Settlement fails to fully fulfill its settlement obligations to China Settlement due to bankruptcy, China Settlement will assist in recourse to Hong Kong Settlement, but will not bear the relevant losses arising therefrom.
Article 37 Party A agrees that for Party A's Hong Kong Stock Connect transaction, the securities company to which Party B belongs will settle with China in its own name, and Party B or its securities company will settle the Hong Kong Stock Connect transaction with Party A. There is no settlement relationship between Party A and China. Disputes between Party A and Party B, and between Party A and the securities company to which Party B belongs, shall not affect the settlement, delivery and breach of contract that China Clearing is carrying out or has carried out according to the business rules.
Article 38 Party B or its affiliated securities company shall collect the securities and funds payable from Party A before centralized settlement on the settlement date. Party B or the securities company to which it belongs shall deliver securities and receivables to Party A who normally performs settlement obligations.
Article 39 Party A knows and recognizes that the time when the receivables from the Hong Kong Stock Connect transaction can be used for buying transactions in the mainland securities market is not earlier than the maturity date of the receivables related to the Hong Kong Stock Connect transaction, provided that the investor's capital account is not overdrawn.
Article 40 Party A knows and recognizes that the securities company to which Party B belongs entrusts China to settle the securities transfer between Party A and the securities company to which Party B belongs during the delivery process.
Article 41 Party A knows and recognizes that if Party A defaults in fund delivery, which leads to the default of delivery in China by the securities company to which Party B belongs, the securities company to which Party B belongs has the right to designate the securities receivable from Party A equivalent to the default amount as temporarily non-delivery securities, and the settlement in China will be handled according to its business rules. The risks, losses and responsibilities arising therefrom shall be borne by Party A. ..
Article 42 Party A knows and recognizes that if Party A defaults in securities delivery, Party B and its securities companies have the right to temporarily detain Party A's funds equivalent to the amount of securities delivery default. ..
Article 43 Under any of the following circumstances, Party A has the right to claim rights from Party B, and Party B shall bear corresponding responsibilities and compensate losses:
(1) The securities company to which Party B belongs has not completed centralized settlement with China, resulting in the temporary inability to deliver or dispose of the receivables or securities of Party A;
(2) Party B or the securities company to which Party B belongs defaults on the delivery of Party A, resulting in Party A being unable to obtain securities or receivables;
(3) The securities transfer instruction issued by Party B or its securities company about Party A is incorrect;
(4) Party A's interests are damaged because Party B or the securities company to which Party B belongs fails to comply with relevant business rules.
Article 44 Party A knows and recognizes that in order to reduce the capital cost of the whole market, China Clearing can submit the daily net securities sold by Party A to Hong Kong Clearing as settlement collateral according to the relevant business rules of Hong Kong Clearing.
Article 45 When Party A entrusts Party B to buy or sell securities, it shall ensure that there are enough funds or securities in its account, and agree to reserve part of the funds in the account according to the standards stipulated by Party B or freeze the trading funds at the time of entrustment declaration according to the proportion stipulated by Party B, so as to ensure that it bears the corresponding clearing and settlement responsibilities according to the trading results, otherwise Party B has the right to refuse the entrustment instruction of Party A. ..
Article 46 Party A knows and recognizes that Shenzhen Stock Exchange and China Clearing will not be liable for losses caused by formulating and modifying business rules and performing self-regulatory duties according to business rules; Shenzhen Stock Exchange and Shenzhen Stock Exchange Service Company are not responsible for the losses caused by abnormal transactions or relevant measures taken by Shenzhen Stock Exchange and Shenzhen Stock Exchange Service Company. Party A shall not claim compensation or other responsibilities from Shenzhen Stock Exchange, Shenzhen Stock Exchange Trading Service Company or China Settlement for the above reasons.
Chapter IV Settlement of Disputes
Article 47 Any matter or dispute involving the inheritance or ownership of Party A's property shall be handled by Party B according to the notarized document issued by the notary organ or the effective judgment document issued by the judicial organ.
Article 48 Disputes arising from the execution of this Agreement may be settled by both parties through consultation, or they may apply to the Securities Dispute Mediation Center of China Securities Association for mediation. If negotiation or mediation fails, both parties agree to settle it in the following way: (If Party A does not make a choice, the second way will be the default).
1. Submit to the Arbitration Commission for arbitration;
2. Bring a lawsuit to the court where Party B is located.
Chapter V Entry into Force, Amendment and Termination of the Agreement
Article 49 This Agreement may be signed in electronic form or in paper form.
If this agreement is signed electronically, it will take effect when Party A signs this agreement electronically. The electronic signature of Party A has the same legal effect as the handwritten signature or seal on the paper contract.
If this agreement is signed in paper form, it shall be signed and sealed by both parties.
This Agreement shall come into force on the date when the following conditions are met:
(1) If this agreement is signed in paper form, both parties have signed and sealed this agreement; If this agreement is signed electronically, Party A has signed this agreement by electronic signature;
(2) Party A and Party B signed the Agreement on Opening Investor Accounts of Securities Companies, which has come into effect.
This agreement is made in duplicate, one for each party, and each copy has the same legal effect.
Article 50 If the relevant laws, regulations, rules, normative documents, self-discipline rules, China settlement business rules and trading rules of the stock exchange are modified after the signing of this Agreement, and the relevant provisions of this Agreement conflict with the mandatory provisions, the newly revised laws, regulations, rules, normative documents, self-discipline rules, business rules and trading rules shall prevail, but other contents and provisions of this Agreement shall remain valid.
Article 51 If the normative documents such as the laws and regulations mentioned in the preceding paragraph are modified after the signing of this agreement, and the relevant provisions of this agreement are different from those of this agreement, if Party B thinks that this agreement should be modified or changed accordingly, the relevant contents will be notified to Party A by announcement on its business premises or website. If Party A does not raise any objection within seven trading days, the contents of the announcement will take effect and become an integral part of this agreement, which is legally binding on both parties.
Article 52 When Party A applies for changing the custody unit (except for full custody transfer), Party B shall remind Party A that the voting and reporting instructions for share transfer will be invalid for the home option declaration and rights issue subscription declaration with the base date later than the custody transfer declaration date, and Party A needs to re-declare in the new custody unit;
When Party A applies for securities re-custody, Party B shall check whether it enjoys the rights and interests, and if so, remind it whether it is necessary to transfer the rights and interests together, except the dividend right and acquisition right confirmed through declaration and selection of dividends.
When Party A applies for securities re-custody, Party A's account shall not be re-custody under any of the following circumstances:
1. Party A's account is unqualified or dormant;
2. Party A's account has incomplete liquidation or settlement;
3. There are outstanding claims and debts in Party A's account;
4. Party A's account is in an abnormal state (such as judicial freezing);
5. Other circumstances stipulated by relevant laws and regulations, China settlement business rules and trading rules of the stock exchange or agreed by both parties.
Article 53 When the Agreement on Opening Investor Accounts of Securities Companies signed by Party A and Party B is terminated or dissolved in advance according to relevant agreements or relevant laws and regulations, this Agreement will be automatically terminated.
In case of adjustment of national laws, regulations and regulatory provisions, the entrusted agency service provided by Party B to Party A under this Agreement will be invalid, and this Agreement will be automatically terminated as of the effective date of relevant national laws, regulations and regulatory provisions. In this case, Party B shall not be liable for breach of contract to Party A. ..
Chapter VI Supplementary Provisions
Article 54 Where there is no agreement in this Agreement, it shall be implemented with reference to the Agreement on Opening Investor Accounts of Securities Companies.
Article 55 Party B's communication referred to in this Agreement
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