Last Update：June 23, 2017

Terms and Conditions

DECLARATION BY APPLICANT

1. I/We wish to subscribe to the Fund with all surplus funds in my/our account according to the prescribed thresholds (please refer to section 6 “Client Standing Authority on Facility”, point 1 in this form for details) as they are mandated in the Standing Authority.
2. I/We fully understand that Fund units are not bank deposits and are not endorsed or guaranteed by, and do not constitute obligation of the Company or its affiliates.
3. I/We acknowledge that I/we have been given a copy of this form together with all associated documents such as the Explanatory Memorandum and Product Key Facts Statement.
4. I/We have read all offering documents including, without limitation, the relevant Explanatory Memorandum, Product Key Facts Statement and annual report and agree to the terms set out in such offering documents. I/We am/are fully aware of and understand the terms set out in the offering documents, including, without limitation, the risks of investing in the Fund. The above are provided in a language of my/our choice (English or Chinese). I/We have been invited to read them, to ask questions and take independent advice if I/we wish. I/We agree to the contents as set out in such documents, and I/we hereby declare that I am/we are fully responsible for bearing the risk of loss involved in investing in the Fund.
5. I/We fully understand that the offering documents are not intended to provide, and must not be relied upon for, tax, legal or accounting advice, a credit or other evaluation of the Fund nor as assurance or guarantee as to the expected return (if any) of the Fund. I/We should consult my/our tax, legal, accounting, investment, financial and/or other advisors.
6. I/We certify that I am/we are not prohibited from purchasing or holding units, and I am/ we are acting on behalf of any person or entity who is prohibited from purchasing or holding units, as provided in the documents mentioned in Statement 4 above. I/We declare that I am/we are not citizen(s) or resident(s) of the countries set out in the documents referred to in Statement 4 above who are not permitted to invest in the Fund. I/We undertake to inform the Company immediately if I/we become citizen(s) or resident(s) of these countries, in which circumstances I/we may be obliged to redeem the units of the Fund.
7. I/We fully understand that the past performance of the Fund is not a guarantee of its future performance and that the value of units of the Fund may go down as well as up. Although the fund manager may seek to maintain or preserve the principal value of the Fund, there can be no assurance that the Fund will be able to meet my/our objectives.
8. I/We understand that any discount on service and/or handing fees will be provided by the Company on a discretionary basis only.
9. I/We understand that the Company acts as my agent in the transactions. I/We understand the relevant fees, charges and expenses incurred from this instruction. I/We hereby authorise the Company to accept and retain for its own benefit any commission, rebate, reallowance, benefit and/or other advantage arising out of or in connection with the handling of the above transaction(s).
10. The Company is entitled to receive a trailer fee from the fund house, up to one percent per annum of the fund value. The Fund is managed by Phillip Capital Management (HK) Limited, a subsidiary of the Company and may have an interest, relationship or arrangement that could be material and/or give rise to a conflict of interest in relation to a transaction effected with or for the Client (“Material Interest”). In such event, subject to any applicable regulations, the Client consents that in the absence of a Material Interest and disadvantage to the Client, the Company may act in any manner that it considers appropriate and the Company or any Associate may retain for its own benefit any related profit, charges, commission or other remuneration.
11. I/We understand that this instruction will be conclusive and binding on me/us upon my/our placement of this instruction but is subject to final execution and acceptance by the Company

CLIENT STANDING AUTHORITY ON FACILITY

This document of authority is in respect of any surplus Hong Kong Dollar (“HKD”) in my/our cash/margin account with Phillip Securities (Hong Kong) Limited (“Company”).

The purpose of this document is to apply the Surplus Cash Facility and grant authority to the Company conduct the following:

1. Transfer surplus HKD in my/our cash/margin account (“Account”) to Phillip HKD Money Market Fund (“Fund”) when I/we have surplus of HKD 2,000 or more in my/our Account. All surplus funds shall be transferred except HKD 500 as a balance for any fees and charges.
2. Redeem the Fund in my/our Account for the purposes of executing trade settlements, the payment of trading fees and charges and/or the payment of any actions as mandated by me/us when there is insufficient cash balance in my/our Account such that a balance of HKD 500 is restored to my/our Account.
3. Redeem the Fund in my/our Account for the purposes of settling any shortfall incurred such that a balance of HKD 500 is restored to my/our Account.

With regard to authorizing the transfer of surplus HKD in my Account with the Company, I/we understand that:

1. The application to the Surplus Cash Facility is subject to the approval of the Company.
2. Surplus HKD (above the prescribed level) in Account applied to the Surplus Cash Facility of the Company will be automatically transferred into the Fund. (c) Possible concentration risk may arise if a 30% or more of my/our total assets are invested in the Fund.
3. The Fund is a SFC authorized fund which only invests in/with investment grade instruments/counter parties.
4. The Fund will be redeemed automatically for settlement of any local and foreign stock trading, withdrawals, transfers, payments and charges denominated in HKD from the designated local stock account.
5. The facility is applicable to foreign stock trading only in situations where the Client gives instructions to settle such trades in HKD.
6. The Surplus Cash Facility is applicable to the Account designated on the application form only.
7. The Surplus Cash Facility operates under a prescribed settlement time frame. Cash withdrawal instructions issued after the daily cut off time as prescribed on www.poems.com.hk will be executed on the next trading day.
8. Any instructions given by me/us regarding my/our Account may cause a shortfall to arise in said Account and I/we are liable for all interest payments that result from such a shortfall. A shortfall may arise as a result of a range of different situations. They include but are not limited to corporate actions such as rights subscription, fund transfer between accounts requested after daily cut off time, etc.
9. Any redemption of units in the Fund under the Surplus Cash Facility will be credited into my/our Account number as listed above.

This authority is valid for a period of 12 months from the date of signing this document. It may be revoked by giving the Company written notice addressed to the Customer Service Department. Such notice shall take effect upon the expiry of two weeks from the date of the Company’s actual receipt of such notice. I/We understand that this authority shall be deemed to be renewed on a continuing basis without my/our written consent if the Company issues me/us a written reminder at least 14 days prior to the expiry date of this authority, and I/we do not object to such deemed renewal before such expiry date.