Client Securities Margin Agent Clearing Agreement
Party A: China Construction Bank ________ Branch
Party B: ________________ Securities Company
In order to improve the efficiency of the securities market, simplify the operation process of customer securities investment, improve the security of client funds, and facilitate customers to clear the securities trading funds, Party B entrusts Party A to provide securities margin clearing services for customers. In order to clarify the rights and obligations of both parties in the entrusted relationship, according to the fund clearing rules of the Shanghai Stock Exchange and the Shenzhen Stock Exchange and the relevant settlement regulations of the bank, the friendly negotiation between Party A and Party B is based on the “bank management funds, securities company management securities”. The principle of the following agreement was reached on the entrustment of the agency.
Part I Entrusted Agent Contents Article 1 Party B entrusts Party A to provide customers with services such as entrusted securities trading declaration, enquiry, dividend distribution, and fund clearing through Party A's “Customer Securities Margin Service System”.
Article 2 The liquidation between Party B and the customer shall be entrusted by Party B to Party A; the liquidation between Party B and the stock exchange shall be carried out by Party B.
Article 3 The basis for Party A's agent and customer's fund clearing is the customer transaction detail data, cash dividend data and summary data provided by Party B to Party A.
Article 4 The liquidation of funds between Party A and Party B shall be carried out as follows:
1. Clearing account account name: ______________________________ Account number: ______________________________ Account bank: China Construction Bank ____________ branch 2. According to the relevant provisions and clearing data of the stock exchange securities fund settlement, Party A should pay Party B when Party A pays The funds shall be transferred to the liquidation account before 10:00 am on T+1; when Party B shall pay Party A, the amount payable shall be made on the liquidation account before 10:00 am on T+1, and Party A shall liquidate at 10:00 am on T+1. The amount due shall be deducted from the account. If Party B cannot make sufficient payment on the clearing account before 10:00 am on T+1 due to special circumstances, Party B shall notify Party A in advance, and Party B shall not be late for the payment of the amount due on the clearing account. At 2 pm on T+1.
The second part of Party A's responsibility is based on the data interface agreed by Party A and Party B. It is responsible for the program development of the "client securities deposit service system" and the configuration of the required system hardware, as well as the corresponding communication system construction of Party A.
Article 6 provides customers with telephone-side telephone entrustment and/or Internet entrustment systems.
Article 7 is responsible for the normal operation and routine maintenance of the above systems.
Article 8 The application for the “Securities Margin Service” of the client shall be reviewed, the authenticity of the relevant documents of the investor shall be reviewed, and the agreement between Party B and the customer to sign the designated transaction shall be signed, and the customer information required by Party B shall be transmitted to Party B on a regular basis.
Article 9: Receiving securities trading, withdrawal of orders, and transferring the commission to Party B in real time.
Article 10: Provide dividend distribution, fund inquiry, modify transaction password, suspend/restore/revoke securities deposit service, etc., and transmit relevant information to Party B in real time.
Article 11 is responsible for managing the client's funds and controlling the customer's fund short selling behavior.
Article 12 The special account for clearing set up established by Party B in Party A shall be managed, and the liquidation of funds shall be carried out in time with the client according to the liquidation regulations and clearing data.
Part III Party B's Responsibilities Article 13 is responsible for the program development of the "Customer Securities Margin Service System" securities company and the configuration of the required system hardware, and the corresponding communication system construction of Party B according to the data interface agreed by Party A and Party B.
Article 14 provides customers with telephone entrustment and/or internet delegation system at the securities company.
Article 15 is responsible for the normal operation and routine maintenance of the above systems.
Article 16 is responsible for receiving the entrustment of the client's securities trading, withdrawal and other orders transmitted by Party A, and making an offer to the stock exchange as required.
Article 17 Responsible for timely and accurate feedback to Party A on the securities transactions, interests and other relevant circumstances, and provide liquidation data to Party A within half an hour after receiving the liquidation data of the stock exchange. Party B shall be responsible for the loss of the customer and Party A due to the above-mentioned data provided by Party B.
Article 18 is responsible for the client's securities delivery and provides customers with a printed securities ledger service.
Article 19 is responsible for managing securities in the client's securities account and controlling the client's securities short selling behavior.
Article 20 Responsible for informing Party A's stock exchange of relevant transaction regulations, charging standards or other related matters, Party A and customer losses caused by failure to notify in time shall be the responsibility of Party B.
Article 21 Party B shall open a settlement account in Party A and retain sufficient reserve funds. If the provision is insufficient, Party A shall passively advance the funds. The advance payment shall be deemed to be debited by Party A to Party B and interest shall be paid at the market lending rate. If there is any doubt about Party A's liquidation, it shall be submitted to Party A in writing within 3 working days, otherwise it shall be deemed to agree with Party A's liquidation result.
Part IV: Joint responsibility of both parties Article 22 Both parties shall jointly publicize and promote this business to customers.
Article 23 Both parties shall keep the customer's information and transaction records, and be responsible for answering customer inquiries.
Article 24 If the customer's transaction cannot be carried out normally due to securities problems, Party B shall bear the responsibility; Party A shall bear the responsibility for the customer's transaction that cannot be carried out normally due to the funding problem.
Article 25 If Party A's review of the information is not strict or Party A's receipt, liquidation, and data transmission are incorrect, causing Party B and the customer to lose, Party A shall be responsible; Party B's receipt, data transmission, and offer are incorrect. If the customer loses, Party B shall be responsible.
Article 26 Errors or delays caused by force majeure factors shall be settled through negotiation between the two parties.
Article 27 All files provided by Party A or Party B and its representatives to the other party are confidential information, and both parties shall keep them in a safe place. The period of custody shall not be lower than the minimum period prescribed by the financial and securities industries. No party may provide to a third party without the consent of both parties.
Part V Liability for Breach of Contract Article 28 If either party A or Party B violates the provisions of this Agreement and causes losses to the other party, it shall bear the corresponding liability for breach of contract.
Article 29 If either Party A or Party B fails to perform its liquidation obligations as required by Article 4 of this Agreement, it shall compensate the other party for all the direct losses caused thereby. When one party fails to perform the liquidation obligation for more than five working days, the other party has the right to terminate the agreement. Failure to perform the liquidation obligation in a timely manner due to force majeure shall not be liable for breach of contract.
Article 6 Supplementary Provisions Article 30 This Agreement may be supplemented or modified by the parties after negotiation due to the unfinished matters of this Agreement or due to changes in the national bank settlement system and the stock exchange clearing rules. The legal effect shall be the same as this Agreement. Another agreement.
Article 31 If there is any dispute in the process of performance of the agreement, the two parties shall resolve it through consultation. If the negotiation fails, either party may file a lawsuit.
Article 32 The validity period of this Agreement shall be _______ years from the date on which the legal representatives or authorized agents of both parties sign and affix their official seals. After the expiration of the validity period, the two parties can negotiate to renew.
Article 33 This Agreement shall be in quadruplicate, and each of Party A and Party B shall hold two copies.
Party A: China Construction Bank ____________ Branch
Authorized signatory: ______________________ Party B: ____________________ Securities Company
Authorized signatory:______________________
__________year month day
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