Futures trading commission
Futures trading commission
Party A: _________
residence:_________
Zip code: _________
Business phone: _________
fax:_________
Party B: _________
residence:_________
Zip code: _________
Business phone: _________
fax:_________
Party A and Party B shall enter into this contract in respect of matters relating to the provision of futures trading services by Party B in accordance with the principle of equal negotiation and honesty.
The first chapter commission
Article 1 Party B entrusts Party A to conduct futures trading for Party B in accordance with Party B's trading instructions; Party A accepts Party B's entrustment and conducts futures trading for Party B in accordance with Party B's trading instructions.
Article 2 Party A shall execute Party B's trading instructions in accordance with the trading rules of the futures exchange. Party A is obliged to transfer the results of the transaction to Party B, and Party B is obliged to assume full responsibility for the results of the transaction.
Due to market reasons, part or all of the B-party trading orders cannot be concluded. Party A shall not be liable unless otherwise agreed in writing by the parties.
Chapter II Margin
Article 3 The minimum margin requirement for Party B to open an account is ____________ yuan. If Party B's funds are insufficient _________ yuan, Party A shall not open an account for Party B.
The deposit can be paid in cash, promissory notes, money orders and cheques. If the deposit is paid by means of promissory notes, money orders, checks, etc., the bank can confirm the transaction after the bank has confirmed the bank's funds.
Article 4 Party B may pledge the deposit according to the rules of the futures exchange with the listing of treasury bills or standard warehouse receipts. At the same time, Party B authorizes Party A to transfer its pledge or otherwise dispose of it.
Article 5 Party B shall guarantee the legality of its source of funds. Party A has the right to request Party B to provide the source of funds, and Party B has the obligation to guarantee the authenticity of the statement. If necessary, Party A may request Party B to provide relevant evidence.
Article 6 Party A has the right to adjust the margin ratio according to the regulations of the futures exchange or the market conditions. Party A shall adjust the deposit in accordance with the adjustment margin announcement or notice issued by Party A.
Article 7 When Party A has reason to believe that the risk of the open position held by Party B is relatively high, it has the right to increase the proportion of the guarantee separately to Party B. In this case, the margin call is issued separately to Party B.
Chapter III Forced Closing
Article 8 Party B shall pay attention to changes in its positions, deposits and equity at any time prior to the issuance of new trading orders or in the course of its holdings.
Article 9 Party A uses the risk rate to calculate the risk of Party B's futures trading.
The risk rate is calculated as: _________.
Article 10 If Party B loses the agreed risk rate due to trading losses or other reasons, Party A shall issue a notice of additional margin to Party B in the manner stipulated in the “Futures Brokerage Contract”. Party B shall add in time before the market opens on the next trading day. Margin or take measures to reduce the position. Otherwise, Party A has the right to forcefully close some or all of the open positions of Party B without prior notice, until Party B's trading risk reaches the agreed risk rate. Party B shall bear the handling fee for the forced liquidation and the losses incurred thereby.
Article 11 As long as the closing price and the number of positions selected by Party A are within the reasonable market conditions at the time, Party B promises not to claim rights to Party A because of the failure to choose the best price and quantity for the time of forced liquidation. .
The term "reasonable scope" as mentioned in the preceding paragraph refers to the forced liquidation of the position in accordance with the standards of the futures brokerage industry with appropriate skills, care and diligence.
Article 12 Unless Party B declares in writing in advance and is confirmed by Party A, Party A shall calculate the risk uniformly for Party B's open positions on different futures exchanges. When Party B's margin is insufficient and Party B's trading risk meets the agreed risk control conditions, Party A has the right to stop Party B from opening a new position and may close the open position held by Party B.
When Party B actually controls certain trading accounts, Party A has the right to calculate the risk for its merger.
Article 13 Due to the different coding rules of futures exchanges, Party B may have different transaction codes on different futures exchanges. In this case, when Party B has both profit and loss under different transaction codes, Party B shall not request the withdrawal of the profit portion until the loss portion has not been fully filled.
Chapter IV Notices Article 14 Party A shall ____________ issue a notice of additional margin to Party B and a notice of forced liquidation.
Party A shall issue a daily transaction statement to Party B in accordance with _________ after the market closes on each trading day.
Party A shall provide Party B with the monthly transaction settlement monthly report in accordance with _________.
Article 15 If Party B has any objection to the items recorded in the daily transaction settlement statement and transaction settlement monthly report provided by Party A, Party B shall submit a written protest to Party A. If Party B fails to submit a written protest to Party A within the agreed time, Party B shall regard it as confirmation by Party B of the recorded items.
Article 16 If Party A or Party B requests to change the agreed items in this chapter, it shall promptly notify the other party to take effect after confirmation by the other party. Otherwise, the delay or loss caused by the notice will be the responsibility of the party.
Chapter V Designated Matters Article 17 Party A accepts the order of the order of the person authorized by Party B or Party B. Party B authorizes the following persons to be the instructions of Party B: _________.
Article 18 Party A accepts the instructions for the transfer of funds from the funds transferor authorized by Party B or Party B. Party B authorizes the following persons to be the funds transfer party of Party B: _________.
Article 19 Party B shall use the following address and number as the only valid address and number for Party B's business dealings with Party A:
Address: _________; Zip Code: _________; Phone: _________; Fax: _________.
Article 20 If Party B needs to change its order issuer, fund transfer person or change its business contacts, Party B shall notify Party A in writing and confirm it after Party A has confirmed the procedures. If Party B fails to notify Party A in writing in time, the losses caused by Party B shall be borne by Party B.
Chapter 6 Instruction Release
Article 21 Party B's trading instructions may be issued by means of written, telephone or computer. The instructions issued in writing must be signed by Party B or its order. If an order is issued by telephone, computer, etc., Party A has the right to synchronize recording or otherwise retain the original instruction record. Party B agrees that the records formed in the business process such as telephone recording and computer recording have the same legal effect as the written instructions. .
Article 22 Party A has the right to review Party B's instructions, including whether the deposit is sufficient, whether the contents of the order are complete and clear, whether it violates relevant regulations and exchange rules, etc., to determine the validity and invalidity of the instructions; In the case of invalid order, Party A has the right to refuse to execute Party B's instructions.
Article 23 After issuing the order, Party B may request Party A to withdraw or modify the order before the order is completed or not completed. However, if the order has been executed on the futures exchange, Party B must bear the result of the transaction.
Article 24 If Party B applies for hedging position, Party B shall provide corresponding files or certificates in accordance with the provisions of the relevant futures exchange, and shall be responsible for the true and effective of the above files. Party A shall assist Party B to apply for hedging positions.
Chapter VII Report and Confirmation
Article 25 Party A shall implement daily non-debt settlement on Party B's futures trading. As long as Party B has made a transaction or has a position on the trading day, Party A shall, after closing the market on each trading day, issue a transaction statement showing Party B's equity status or the result of the transaction in accordance with the time and manner stipulated in this contract.
Article 26 After Party B files a protest against Party A in accordance with the time and manner stipulated in this contract, Party A shall promptly verify it according to the original order record and transaction record. In the event of a protest against a transaction that is directly related to the outcome of the transaction, in order to avoid the possibility of occurrence or expansion of the loss, Party A shall have the right to liquidate the open position of the anti-offer when it receives the anti-information from Party B. The resulting loss is borne by the party that is at fault.
Article 27 If Party A’s transaction result does not comply with Party B’s trading instructions, or if the forced liquidation does not conform to the contractual conditions, and Party A is at fault and causes losses to Party B, it shall re-execute the Party B’s trading order before the market closes on the next trading day. , or restore the position that was forcibly closed, and compensate for the direct loss caused.
Chapter VIII Spot Month Closing and Physical Delivery
Article 28 Party B shall submit an application for delivery to Party A within the time specified by Party A. Party B's application for delivery shall comply with the relevant provisions of the futures exchange. Otherwise, Party A has the right to refuse to accept the application of physical delivery from Party B.
Article 29 Party B shall submit to Party A a full amount of delivery funds or certificates and notes required by futures exchanges such as standard warehouse receipts and value-added tax invoices before Party A's time limit.
Exceeding the above-mentioned time limit, Party B has not issued the order for closing the position, nor has it submitted the funds, vouchers and notes of the preceding paragraph to Party A. Party A has the right to close the open position of Party B without notifying Party B. The resulting costs and results are borne by Party B.
Article 30 The delivery notice, delivery payment or physical delivery and delivery default treatment shall be implemented in accordance with the relevant futures exchange and Party A's delivery business rules.
Chapter IX Margin Account Management
Article 31 Party A shall open a futures margin account at the designated settlement bank of the futures exchange, and administer the deposit deposited by Party B and the pledge of the tradable treasury bills.
Article 32 Party A shall set up a margin account for Party B, and report the balance of the margin account and the transfer of the deposit in the daily transaction statement.
Article 33 Party A has the right to transfer the deposit from Party B's margin account under the following circumstances:
Pay the margin deposit in accordance with Party B’s instructions;
Deposit the deposit or liquidation difference for the futures exchange with the direction B;
The payment for the physical delivery of Party B’s performance or the breach of contract for Party B’s failure to perform;
Party B shall be fined by the regulatory authorities or the futures exchange for violation of laws and regulations, and Party A shall pay a fine to Party B;
Warehouse rent or other fees paid by Party B;
Party B shall pay the handling fee and other fees and related taxes to the futures brokerage company and the futures exchange;
The transfer agreement agreed between the two parties in the written agreement signed between Party A and Party B.
Article 34 Party B guarantees that the metal is owned by Party B. When Party A is unable to engage in futures brokerage business due to bankruptcy or other reasons, Party B's deposit shall not be used to offset Party A's debt or use it for other purposes.
Chapter 10 Information, Training and Consulting
Article 35 Party A shall provide Party B with the domestic futures market and the analysis and reporting services related to the transaction at the business premises. Any analysis and information provided by Party A on the market is for reference only by Party B and does not constitute an indication, inducement or suggestion to Party B to issue instructions.
Party B shall be responsible for its own trading activities and shall not be liable to Party A for the loss of the transaction on the grounds of Party A's analysis or information entering the market.
Article 36 Party A shall provide Party B with training services on futures trading knowledge and trading technology by means of issuing training materials.
Article 37 Party B has the right to inquire about its original transaction vouchers at any time, and has the right to know its own account at any time. Party A shall actively cooperate.
Chapter XI Fees
Article 38 Party B shall pay Party A the handling fee for the agent to conduct futures trading. The standard for handling fees is implemented in the attached table.
Article 39 The expenses paid by Party B to the futures exchange and the taxes involving Party B shall be borne by Party B. The foregoing fees are not included in the handling fee paid by Party B to Party A.
Chapter 12 Disclaimer
Article 40 Party A shall not be liable for risks such as transaction interruption or delay caused by force majeure factors such as earthquakes, fires, wars, etc., but shall take all necessary remedial measures to reduce losses caused by force majeure.
Article 41 Party A shall not be liable for the risks borne by Party B due to changes in the relevant laws, regulations, rules, policies or relevant futures exchange rules of the State, and the introduction of emergency measures.
Article 42 If Party A is not at fault due to interruption of communication facilities, computer program failure, power interruption, etc., Party A shall not be liable.
Chapter XIII Effectiveness and Amendment of the Contract Article 43 After the contract has been signed by both parties or their agents, this contract shall become effective on the date when Party B's account opening funds are remitted to Party A's account.
Article 44 If there is any change, modification or supplement to this contract, both parties shall agree and sign a change, amendment or supplemental agreement as a supplement to this contract and have the same effect as this contract.
Article 45 In the course of the performance of the contract, if matters not specified in this contract occur, it shall be implemented in accordance with the relevant laws, regulations, policies and the relevant futures exchange's articles of association, rules and relevant business rules of the company and futures trading practices.
Chapter 14 Clearing of Accounts
Article 46 When one of the following circumstances occurs, Party A has the right to liquidate the account of Party B by closing the position or executing the pledge, and cancel the entrusted relationship with Party B:
Party B has one of the following circumstances
1. A natural person who has no capacity for civil conduct or limits his capacity for civil conduct;
2. The staff of the futures regulatory department and the futures exchange;
3. The employees of the company and their spouses and immediate family members;
4. The futures market prohibits entrants;
5. Financial institutions, institutions and state agencies;
6. A state-owned enterprise that fails to provide the approval file signed by the legal representative or an enterprise whose state-owned assets occupy a controlling position or a dominant position.
7. The unit entrusted to open an account and failed to provide the entrusted authorization file;
8. Other circumstances as stipulated by the China Securities Regulatory Commission.
Party B’s death, loss of civil capacity or termination;
Party B is declared by the people's court to enter the bankruptcy program;
Party B's account in Party A is filed for litigation preservation or deduction;
Party B has other statutory or agreed conditions for the termination of the contract.
Party B shall be fully responsible for the expenses of Party A for account clearing and the balance of debts after liquidation.
Article 47 If Party A is unable to engage in futures business for any reason, Party A shall take necessary measures to properly handle Party B's positions and deposits. With the consent of Party B, Party A may transfer the customer's position to other futures brokerage companies and transfer Party B's deposit. The relevant reasonable expenses arising therefrom shall be borne by Party A.
Article 48 Party B may terminate the futures brokerage contract with Party A by reinstating the account.
Party A and Party B shall terminate the entrusted relationship, and Party B shall go through the formalities for cancellation of accounts.
Chapter 15 Dispute Resolution
Article 49 If a transaction dispute or other dispute arises between Party A and Party A, it may be resolved by negotiation on its own. If the negotiation fails, the following measures may be taken:
Brought to arbitration;
Prosecuted to a people's court with jurisdiction.
Chapter 16 Other Matters
Article 50 Party A's "Application Form for Account Opening", "Customer Information" and "Customer Statement" are inseparable parts of this contract and shall be signed at the same time as this contract.
Article 51 This contract is made in two copies, and each party shall hold one copy.
person A person B:_________
Authorized representative: _________ Authorized representative: _________
_________Year ____________________________________________
Signing location: _________ Signing location: _________ attached file
Subsidiary File A customer declares that the customer should truthfully declare that the following conditions are not met:
1. A natural person who has no capacity for civil conduct or limits his capacity for civil conduct;
2. The staff of the futures regulatory department and the futures exchange;
3. The employees of the company and their spouses and immediate family members;
4. The futures market prohibits entrants;
5. Financial institutions, institutions and state agencies;
6. A state-owned enterprise that fails to provide the approval file signed by the legal representative or an enterprise whose state-owned assets occupy a controlling position or a dominant position;
7. The unit entrusted to open an account and failed to provide the entrusted authorization file;
8. Other circumstances as stipulated by the China Securities Regulatory Commission.
If the client fails to fulfill the obligation to truthfully declare, the futures brokerage company has the right to terminate the Futures Brokerage Agreement.
Attachment File 2 Guide to Futures Brokerage Contract
The "Futures Brokerage Contract" used by the first futures brokerage company shall not contravene the "Futures Brokerage Contract" guidelines.
The second futures brokerage company shall formulate or revise the "Futures Brokerage Contract" and submit the contract sample to the dispatched office of the China Securities Regulatory Commission for review.
Article 3 A futures brokerage company shall present the “Futures Trading Risk Manual” and the “Customer Information” attached to this Guide to the Client before signing the “Futures Brokerage Contract” with the Client, which shall be read, understood and signed by the Client.
Article 4 The futures brokerage company shall explain to the client the meaning of the main terms of the Futures Brokerage Contract and remind the client of its stated obligation. The client can sign a contract with the futures brokerage company after confirming in writing that he fully understands the meaning of the main terms of the contract.
Article 5 A futures brokerage company shall prepare relevant documents such as futures trading laws and regulations, futures exchange rules, business rules and detailed rules for its customers at its business premises. The client has the right to ask the futures brokerage company about the meaning of the above rules, and the futures brokerage company has an obligation to explain the customer's inquiry.
Article 6 The futures brokerage company signs the "Futures Brokerage Contract" with the client, and the customer should fill out the "Application Form for Account Opening" truthfully. The account opening application form should include customer qualifications, sources of funds, purposes for futures trading, and experience in futures trading, etc.
Article 7 An individual customer shall provide a photocopy of the ID card when opening an account. When opening an account, the unit customer shall issue a file signed by the legal representative or the principal responsible person, and ensure that the account opening behavior and the person opening the account on behalf of the unit have a proper authorization.
Article 8 Futures brokerage companies shall avoid any conflict of interest with customers and ensure that all customers are treated fairly. In the process of contract performance, the maximum legal rights of customers should be safeguarded.
Article 9 The “Futures Brokerage Contract” shall stipulate the minimum margin standard and risk control conditions for the client to open an account, but shall adopt uniform standards and conditions for the client.
Article 10 The “Futures Brokerage Contract” shall stipulate the conditions for forced liquidation, additional margin and related matters, but all customers shall adopt uniform conditions and procedures.
Article 11 The "Futures Brokerage Contract" shall uniformly stipulate the procedures and methods for notifying, confirming and defending the results of the transaction, and agreeing with the specific procedures and methods adopted by the client.
Article 12 A futures brokerage company shall conduct brokerage business in strict accordance with the contractual agreement and the company's relevant business rules. Any changes to the business rules shall be notified to the client and reported to the China Securities Regulatory Commission's dispatched agency before it becomes effective.
Article 13 Within three months from the date of publication of the "Guidelines for Futures Brokerage Contracts", the futures brokerage company shall formulate the standard text of the "Futures Brokerage Company" of the Company in accordance with the Guidelines and sign with the client. Before the re-signing of the Futures Brokerage Pact, the Futures Brokerage Pact is still valid.
Affiliated files three customer notices
The first futures brokerage company may not make profit guarantees to customers or agree to share benefits or share risks with customers.
The Client should clarify that any promise of profit or no loss in futures trading is impossible or unfounded and that the statement has never been obtained from any representative or staff member of the Futures Brokerage Company at any time.
The second futures brokerage company shall not accept the client's discretionary powers, and the client shall not require the futures brokerage firm to conduct futures trading in a discretionary manner.
Discretionary means that the futures brokerage company and its staff determine the content of the trading order on behalf of the client.
Article 3 In the case of a limit position on a futures exchange, the futures brokerage company has the right to limit the number of open positions held by the client in accordance with the restrictions on the position without the customer's consent. When the number of open positions held by the customer exceeds the limit requirement, the futures brokerage company has the right to forcibly close the position. Futures brokerage companies do not bear the consequences.
Article 4 In the case that the futures exchange requires the futures brokerage company to force the liquidation of the open positions held by the client in accordance with the relevant regulations, the futures brokerage company has the right to force the open positions held by the client without the client’s consent. warehouse. Futures brokerage companies do not bear the consequences.
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