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Executive Bylaws - CMA

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Executive Bylaws

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  • February 17
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5-1-9 Contracts and Agreements with Clients Of Module Seven: Clients’ Funds and Clients’ Assets
Section: Chapter Five: Securities Investment Portfolios Rules
  • Sunday, 05 February 2017

    Without prejudice to Article 4-1 of Module Eight (Conduct of Business), each agreement concluded with a Client shall in particular: 1. Define the form and type of Investment Portfolio, goals and purpose thereof, relevant controls, and where the Portfolio is to be managed by the Licensed Person the investment policy which shall be followed, provided that the Licensed Person shall obtain the written consent of the Client in the event that the investment policy is to be changed. 2. State the limits of the authorization issued by the Client to the Licensed Person which indicate the extent of the powers and authorities of the Licensed Person in managing the Investment Portfolio as appropriate to the form of the portfolio (Investment Portfolio managed by the Licensed Person, Investment Portfolio managed by the Client, Investment Portfolio for custody).This is in addition to documentation of order transmission and confirmation, stating whether this shall be done in writing or via recorded phone calls or E-mail. 3. Indicate whether the contract is intended to persist for a specific or indefinite time, and the notice period which shall be considered and applied by the two parties should any party wish to terminate the contract. In the event of a contract with a specific time limit, any party may terminate the contract before the expiry date provided that such termination is in proper time and for reasonable excuse. The Licensed Person shall not terminate a contract before its expiry date without due cause and in such case the Client shall be notified of the termination with sufficient notice to enable him to take proper actions to protect his interests. 4. State the policy for informing the Client of completed transactions as well as frequent reports regarding the results of client requests. 5. State the reports to be provided to the Client, including their frequency and method of presentation. 6. Describe the way of delivering Investment Portfolio assets to the Client, immediately and without delay, in the event that the Client requires the same or upon non-renewal or termination of the contract between the Licensed Person and the Client. 7. Indicate whether the Client is Member of a Board of Directors of any Listed Company or holds an executive position or is an Insider with Inside Information. The Client shall provide the Licensed Person with any changes thereof. 8. State the Licensed Person’s policy for keeping the accounting records and the relevant supporting documentation. 9. State the method of delivery of reports, notices and other communications whether written to be delivered by courier or mail, or through fax or E-mail or any other modern communication mechanism. 10. State whether the parties agree to the option of Arbitration in accordance with the Arbitration Rules of the Authority in the event of any dispute arising concerning the contract. 11. A statement that the Licensed Person and the Client shall abide by laws and regulations, especially the Law and these Bylaws.

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