Company Details Form - C - BMI
Company Details Form - C - BMI
Company Details Form - C - BMI
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<strong>BMI</strong> Bank B.S.C.(c.), Bahrain World Trade Center,<br />
P.O. Box 350, Manama, Kingdom of Bahrain<br />
T +973 17 508080<br />
F +973 17 226641<br />
Non Discretionary Investment Management Agreement<br />
This agreement is made this day of 20<br />
Between<br />
(1) <strong>BMI</strong> Bank B.S.C.(c) whose principal office is at P.O. Box 350, Manama, Bahrain and registered office in Manama, Kingdom of<br />
Bahrain (hereinafter called the “Bank” which expression shall where the context so admits or requires, include the Bank’s<br />
successors and assigns) and<br />
(2) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _<br />
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _<br />
(hereinafter called the client).<br />
Whereby it is agreed as follows:<br />
Appointment<br />
The Client hereby appoints the Bank to execute transactions<br />
relating to the purchase and sale of shares, stocks, bonds,<br />
instruments, warrants, notes, treasury bills and other securities<br />
of any kind, whether traded or not (hereinafter called the<br />
Securities) and to provide administration and custodial services<br />
relating to the said securities.<br />
The Bank’s Authority<br />
On the receipt of the Client’s instructions, the Bank will subject<br />
to the under mentioned, arrange for the purchase or sale of<br />
securities. The Bank will act only as a broker and unless otherwise<br />
proved to the contrary, the Client acknowledges that any sale<br />
or purchase of securities on behalf of the Client will not result<br />
from the selection or advice in the selection from the Bank.<br />
Securities shall be held and registered in the name of the Bank<br />
and will be held either by <strong>BMI</strong> Bank, or a designated Custodian of<br />
the Bank on behalf of the Client.<br />
The Bank may, at its sole discretion, act on the Client’s<br />
instructions to purchase securities without first receiving the<br />
funds therefore. In such circumstances, the Client shall put the<br />
Bank in funds in the amount demanded by the Bank on the<br />
earlier of the value date of such purchase order or two business<br />
days of the Bank’s demand therefore.<br />
All amounts, if and when received with respect to the securities<br />
(including, but without limitation, interest dividends and other<br />
distributions) shall be credited to the Client’s account with the<br />
Bank, unless specified otherwise.<br />
The Bank may refuse to act (and shall bear no liability for such<br />
refusal) on any instructions given by the Client if, in the opinion<br />
of the Bank, such instructions contravene any applicable law or<br />
rule then in force, whether local or international, or concerns<br />
securities which the Bank does not deem it fit to deal in.<br />
The Bank shall exercise subscription, conversion and other<br />
rights attaching to securities held on behalf of the Client, if the<br />
Client does not specify its choice within a reasonable period.<br />
The Client agrees that the Bank shall have no obligation of “Best<br />
Execution” in its dealings with the Client.<br />
Instructions for purchase or sale of securities shall be at the<br />
Client account and risk.<br />
The Bank is authorized but is not obliged to rely upon and<br />
act in accordance with any instructions which may be given<br />
by the Client through facsimile, telex or telephone. The Client<br />
hereby indemnifies the Bank for acting in accordance with such<br />
instructions given through facsimile, telex, or telephone.<br />
In the case of telephonic instructions, the Bank is authorized to<br />
make magnetic tape or equivalent recordings of the relevant<br />
conversation and the Client agrees that the records and<br />
transcripts kept by the Bank shall be binding and conclusive<br />
evidence of such instructions.<br />
Credit Facilities<br />
The Client undertakes to pay interest to the Bank in respect of<br />
any debit balance in any account of the Client or any amount<br />
otherwise owing to the Bank at any time at such rate as may be<br />
prescribed from time to time by the Bank.<br />
In the event of any Credit Facilities being granted to the Client<br />
by the Bank, such Facilities shall be subject to such additional<br />
terms and conditions as may be specified.<br />
Foreign Currency Transactions<br />
If the Client instructs the Bank to effect any sale or purchase of<br />
securities in a foreign currency, any profit or loss arising as a result<br />
of the fluctuation of the exchange rate of the relevant currency will<br />
be entirely for the account of the Client. The Bank may convert the<br />
funds in any account of the Client into and from the foreign currency<br />
at such rate of exchange as the Bank may at its sole discretion<br />
determine as being the then prevailing market rate.