CmaBylaw
Executive Bylaws
5-1-7 Duties of Care Of Module Seven: Clients’ Funds and Clients’ Assets
Section: Chapter Five: Securities Investment Portfolios Rules
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Sunday, 05 February 2017
A Licensed Person shall always consider Client’s benefit and endeavours to achieve his Clients’ benefits and care for their investment. He shall particularly comply with the following: 1. He shall manage the Client’s investments himself and shall not delegate any other Licensed Person so to do. Subject to the client’s approval given in writing, he may delegate specialist companies to manage Client’s investments outside Kuwait in accordance with the relevant foreign markets’ systems and without violating provisions of the Law and these Bylaws. 2. He shall commit to establishing one primary Investment Portfolio for each Client, and for every Investment Portfolio category subject to the system managing the portfolio. This is in addition to the possibility of establishing Investment sub-Portfolios of the primary Investment Portfolios owned by the Client in order to strictly control the components of each portfolio and procure effective and sufficient management thereof. 3. He shall enable a Client which holds an Investment Portfolio of any type to exercise all his rights arising from his ownership of Securities, such as rights of taking any action on Securities, voting, nomination and appointment to Boards. The Licensed Person may not exercise any such rights on behalf of the Clients without a written authorization by the Client whether in the contract or via special authorization. All this shall be without prejudicing cases stipulated in paragraph 8 of Article 5-1-8 of this Module or where there is a condition in the agreement between the Client and the Licensed Person and other person(s) which restricts the Client’s right of exercising all or part of his rights arising from Securities ownership. 4. He shall not participate in the Shares of newly established companies on behalf of the Clients (holders of Investment Portfolios); yet without violating his right to subscribe on behalf of these Clients. Subscription applications shall be provided to each subscriber and Securities certificate shall be issued in the name of each Subscriber separately. 5. He or his employees shall be responsible for any mistake that may occur while executing Clients’ transactions and orders. He shall take necessary actions to recover the same. Defaults of gross negligence or bad intention or deliberate violations of the Licensed Person’s duties in managing Client’s investments shall not be waived. 6. He shall keep in safekeeping ownership documents which prove ownership in the name of the Client or where applicable in the name of the Licensed Person who manages Client’s investments.
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