Fan Wen Daquan > Contract Model > Securities Contract Model

Securities trading agency agreement


Party A's name: ___________ ID card number: ____________ Shanghai stock account number: _______ Shenzhen Securities account number: ___________
Party B: Securities Co., Ltd. ____________ The securities business department is based on the Securities Law of the People's Republic of China, the Contract Law of the People's Republic of China and other relevant laws, regulations, rules and rules of the stock exchange trading rules. Entrusting Party B to act as agent for securities transactions and other related matters to reach the following agreement for mutual compliance.

Chapter 1 Statement by Both Parties

Article 1 Party A makes the following statement to Party B:
1. Party A has the corresponding legal securities investment qualification, and there are no laws, regulations, rules and stock exchange trading rules prohibiting or restricting the investment securities market.
2. Party A guarantees that all documents provided to Party B during the period of its entrusted agency relationship with Party B are true, valid and legal, and Party A guarantees that its source of funds is legal.
3. Party A has read and fully understood the “risk reminder” provided by Party B to clearly understand and be willing to bear the investment risk in the securities market.
4. Party A agrees to abide by the laws, regulations, rules and stock exchange trading rules of the securities market.
5. Party A has read all the terms of this Agreement in detail and understands its meaning accurately, especially the exemption clause of Party B.
Article 2 Party B makes the following statement to Party A:
1. Party B is a securities operation institution established according to law and has the corresponding securities brokerage business qualification.
2. Party B has the necessary conditions for conducting securities brokerage business and can provide corresponding services for Party A's securities transactions.
3. Party B confirms that the entrustment method provided to Party A is subject to the entrustment method agreed by both parties.
4. Party B complies with the laws, regulations, rules and stock exchange trading rules of the securities market.

Chapter II Opening a Fund Account

Article 3 Party A shall open a fund account to submit his ID card or other valid certificate to prove his identity, the same name securities account card, and fill in the account opening information according to Party B's requirements.
The legal consequences and legal liabilities arising from the information provided in the preceding paragraph provided by Party A shall be borne by Party A.
Article 4 Party A's securities trading settlement funds are deposited into its fund account.
Article 5 When Party A opens a fund account, Party A shall set the transaction password and the fund password at the same time.
Party A can change the password at any time during the normal trading hours.

Chapter III Trading Agent

Article 6 Party A may delegate the entrustment by means of the entrustment stipulated in the second paragraph of Article 2.
Article 7 Party B shall provide Party A with the following services:
1. Accept and faithfully execute the entrustment issued by Party A;
2, Acting Party A to carry out funds, clearing and settlement of securities;
3. The agent keeps the securities purchased or deposited by Party A;
4, Acting Party A receives dividends;
5. Accept Party A's enquiry about its entrustment, transaction and account funds and securities changes, and provide a corresponding list at the request of Party A;
6. Other matters agreed by the parties in accordance with the law;
7. Other services provided by the securities regulatory authority.
Article 8 When Party A commissions the counter, it must provide the client's ID card, Party A's securities account card and fund account card.
Party A must enter the correct password for self-service entrustment.
Article 9 When Party A's entrustment is not completed or not all completed, Party A may change its unsuccessful entrustment.
Article 10 Party A shall inquire the Party B with the result of the entrustment within three trading days after the entrustment is issued. When Party A has any objection to the result, Party A shall inquire in writing on Party B in writing.
If Party A fails to process the inquiry within the time limit or fails to conduct a written inquiry to Party B in writing, the party A shall confirm the result.
Article 11 When Party A needs to select Party B as its designated trading agent for securities listed on the Shanghai Stock Exchange, the parties shall sign the relevant agreement.

Chapter IV Fund Access

Article 12 Party A shall enjoy the freedom of access to funds in accordance with the law.
When Party A withdraws funds from Party B, Party B must promptly handle it unless Party A or Party B agrees otherwise or Party A has another order.
Article 13 Party A may access funds through the counter of Party B.
Party A may also access funds through other means, but the relevant procedures shall be handled in accordance with the requirements of Party B.
Other methods are provided by Party B according to law, and the meaning of Party B is responsible for interpretation.
Article 14 If funds are taken out through the counter of Party B, the cashier's ID card, securities account card, fund account card shall be provided, and the correct fund password shall be entered. Party B shall handle the withdrawal procedures for Party A in accordance with the relevant regulations of the People's Bank of China and the securities regulatory authority under the State Council. However, when there is a large abnormal change in the fund account of Party A, Party B is obliged to pay attention and report to the securities regulatory authority in a timely manner.
Article 15 Party A shall withdraw the amount of funds for each amount, and the number of daily visits shall be implemented in accordance with the relevant provisions of the State.
Article 16 When the access method of other funds referred to in the second paragraph of Article 13 cannot be carried out, Party A shall handle the procedures for accessing funds at the counter of Party B.

Chapter V Change and Cancellation

Article 17 When the important information of Party A is changed, Party B shall promptly notify Party B in writing and sign the relevant files as required by Party B.

Article 18 If Party A cancels the designated transaction, it shall sign the relevant file separately.
Article 19 Party A may withdraw its fund account in Party B at any time unless Party A has failed to perform the transaction settlement obligations.
Article 20 In any of the following circumstances, Party B may request Party A to make corrections within a time limit. If Party A cannot correct or refuse to correct it on time, Party B may cancel its principal-agent relationship with Party A:
1. Party B finds that the information provided by Party A is seriously inaccurate;
2. Party B finds that Party A’s source of funds is illegal;
3. Party A has acts that seriously damage the legitimate rights and interests of Party B and affect its normal business order.
Article 21 If Party B withdraws its principal-agent relationship with Party A, Party B shall notify Party A and explain the reasons.
Article 22 Party A shall go through the formalities for cancellation of account at Party B after receiving the notice of cancellation of the agency relationship by Party B.
Party B shall not accept Party A’s purchase order when Party A receives Party B’s cancellation of the agency relationship notice to Party A’s cancellation procedures.

Chapter VI Commissioned by Party A Authorized Agent


Article 23 After Party A opens a fund account, Party A may authorize the agent to handle the securities transaction entrustment and related matters.
Article 24 When Party A authorizes others to handle the matters mentioned in the preceding article on their behalf, they shall sign the relevant power of attorney and submit to Party B a valid certificate of the agent. The power of attorney shall at least contain the following contents: the name and identity of the agent. The license number, the license, the legal securities investment qualification of the agent and other matters as expressly required by Party B.
Article 25 The signing place of Party A's power of attorney shall be on Party B, except that it may be notarized by the notary of the national notary public or authorized by the Chinese embassy or consulate. The power of attorney signed by Party A shall be submitted to Party B for the record.
Article 26 Party A shall promptly notify Party B in writing when it changes the authorization or suspend the authorization within the validity period of the authorization, and go to Party B to go through the relevant formalities. Party B shall still execute the original power of attorney before receiving written notice from Party A.
Article 27 If Party B knows or ought to know that Party A's agent has accepted its agency behavior beyond the authorization, Party B shall be jointly and severally liable for the losses caused to Party A.

Chapter VII Responsibilities and Disclaimers of Party A and Party B

Article 28 Party B solemnly reminds Party A to pay attention to the confidentiality of the password. Any commission made using Party A's password is considered a valid Party A's entrustment. Party A shall bear the losses caused by the loss of its password.
Article 29 Party B shall have confidentiality obligations for Party A's account opening materials, entrusted matters, transaction records and other materials, and shall not disclose to third parties without the statutory authority or Party A's instructions. Party B shall bear the losses caused by Party A’s unauthorized disclosure of Party A’s information.
Article 30 Party A shall properly keep its securities account card and fund account card, and if it is forged by others, it will cause losses to Party A. If Party B is at fault, Party B shall bear the responsibility first, and then recover the relevant losses according to law. .
Article 31 When Party A loses its securities account card, ID card or fund account card, it shall promptly report the loss to Party B. Party A shall bear the losses that have occurred before the loss report takes effect.
Article 32 Party B shall not be liable for any compensation for Party A's losses caused by earthquakes, typhoons, floods, fires, wars and other force majeure factors.
Article 33 Party B shall not be liable for any losses caused by Party B's unpredictable or uncontrollable system failure, equipment failure, communication failure, power failure and other unexpected accidents.
Article 34 After the events mentioned in Articles 32 and 33, Party B shall take timely measures to prevent further expansion of Party A's losses.
Article 35 Party B shall faithfully provide information and information to Party A in a spirit of diligence and conscientiousness.
The various information and materials provided by Party B to Party A are for investment reference only, and Party A shall bear the risks arising from the investment according to this.

Chapter VIII Resolution of Disputes

Article 36 When there is a dispute between the two parties, the following methods can be used to solve:
Negotiate
To the mediation of the China Securities Industry Association;
Complain to the securities regulatory authority;
Prosecuting in a court of competent jurisdiction;
Other legal ways.

Chapter IX Institutional Party A

Article 37 When Party A is an institutional household, open a fund account and proceed as follows:
1. A legal agent is appointed according to law, and a power of attorney is signed by the legal representative;
2. Submit a copy of the identification document of the method person and its copy, or a copy of the confirmation certificate issued by the issuing authority, the securities account card, the agent ID card, and the legal representative certificate.
3. Reserve a seal and password.
Article 38 If Party A deposits cash, it must withdraw it in cash.
If Party A deposits by cheque, it must be withdrawn by cheque.
Party A's account cannot transfer funds with any natural person account.
Party A cannot access cash through Party B's counter, nor can it access funds in a self-service manner.

Chapter X Supplementary Provisions


Article 39 Party B shall collect commissions in accordance with the relevant laws and regulations and the trading rules of the stock exchange, and withhold and pay the relevant taxes and fees of Party A.
Article 40 Party A's entrusted voucher refers to the documents filled out by its counter, and the computer records of Party B formed by non-counter entrustment.
Article 41 Party B must preserve Party A's entrusted documents and other information in accordance with the methods and time limits stipulated by laws and regulations.
Article 42 After the signing of this Agreement, if relevant laws, regulations, rules and regulations and industry regulations are amended, the relevant contents and terms shall be handled in accordance with the newly revised laws, regulations, rules and regulations and industry regulations. However, the other contents and provisions of this Agreement shall continue to be valid.
Article 43. In accordance with laws, regulations and exchanges, the provisions of the registration company shall be revised or supplemented, and the contents of the amendment or addition shall be notified by Party B in the form of an announcement at Party B, if Party A does not file within seven days. In the case of an objection, the contents of the announcement become an integral part of this Agreement.
Article 44 The means of notification referred to in this Agreement may be a written notice of service or a notice of announcement, except as otherwise agreed in the above-mentioned clauses.
The notice of the announcement shall be deemed to have been served two months after the date of publication of the designated newspaper and the business premises of Party B.
Article 45 This Agreement shall be valid from the signing of the parties to the circumstances referred to in Articles 19 and 20.
Article 46 This Agreement shall be in duplicate and each party shall hold one copy.

recommended article

popular articles