外汇与差价合约交易商业条款及条件翻译(第二部分 中英文)

日期:2018-09-13 / 人气: / 来源:http://www.rzfanyi.com/ 作者:译声翻译公司

  17 Dividend 股利

  17.1 In the case of an underlying reference Security which pays a dividend, where you are the Buyer you will be paid 80 per cent of the synthetic value of the gross dividend attributable to the underlying product on the first Business Day following the ex-dividend date.


  17.2 In the case of an underlying reference Security which pays a dividend, where you are the Seller you will be charged 100 per cent of the synthetic value of the gross dividend attributable to the underlying product on the first Business Day following the ex-dividend date. For the avoidance of doubt, the ‘gross dividend’ shall represent a sum before withholding or deduction of taxes at source by or on behalf of any applicable authority.


  17.3 In the event that we determine, at our sole discretion, that there has been any change in the interpretation or application by any court, governmental or other authority of any applicable law or regulation which has the effect of reducing or increasing the amount of the ordinary cash dividend per Security payable to a UK tax-resident holder of the Security, we will vary the synthetic value of the dividend amount with immediate effect by notice in writing to you.


  18 Closing a Transaction平仓交易

  18.1 Before the close of business on any Business Day, you may give us a Closing Notice to close any CFD (whether in whole or in part) specifying the relevant Transaction, the Underlying Product and the proportion of such CFD that you wish to close. 在任何营业日结束前,贵方可向我方发出价差合约平仓通知(不论是部分或全部平仓),明确注明有关的价差合约、标的产品及贵方希望的平仓比例。

  18.2 Any amounts payable by you to us or vice versa will be reflected in your account balance immediately.


  At any time in relation to a Transaction, we may at our sole discretion give you a Closing Notice specifying a Closing Date and a Closing Price. A Closing Notice which is served by us shall take effect:


  immediately upon expiry of the Underlying Product; or 在标的产品期满时立即生效;或

  the Closing Date will take immediate effect where due to the adoption of or any change in any Applicable Regulation(including without any limitation, any tax law) or due to the promulgation of or any change in the interpretation by any court, tribunal or regulatory authority with competent jurisdiction of any Applicable Regulation.


  Where you are the Short Party, we will pay you an amount calculated in accordance with clause 17.2. If the amount so calculated is negative, you will pay such amount to us in accordance with clause 17.1.


  18.3 Where you are the Long Party, you will pay to us an amount calculated as follows:


  payments due under clauses 17.1 and 17.2 plus interest due under clause 8; or if negative, we will pay the value of such amount to you.


  18.4 On the Contract Settlement Date of a CFD, we will repay to you all amounts received from you in respect of such CFD, or in the case of a Contract Settlement Date which relates to part only of a CFD, the appropriate pro-rated proportion.


  19 Reference Price correction参考价格修正

  In the event that any price published on the Exchange or by the sponsor of the Index and which is utilised for any calculation is subsequently corrected and the correction is published by the Exchange or the sponsor of the Index within thirty Business Days of the previously published price or level, we may within thirty Business Days after publication of that correction notify you of the correction and of the amount payable by you as a result of that correction. You shall then pay to us within thirty Business Days after such notice, that amount together with interest on that amount at a rate per annum equal to the cost to us of funding that amount for the period from and including the day on which a payment originally was (or was not) made, to but excluding the day of payment of the refund or payment resulting from that correction.


  20 Adjustments and modifications调整与修订

  20.1 If any Security becomes subject to adjustment as the result of any of the events set out in clause 20.2 below, we will determine the appropriate adjustment, if any, to be made to the Contract Value of the underlying product to account for the diluting or concentrating effect necessary to preserve the economic equivalent of the rights and obligations of the parties.


  20.2 The events to which clause 20.1 refers are the declaration by the issuer of the Security of any of the following:


  (a) a subdivision, consolidation or reclassification of relevant Security, or a free distribution or dividend of any such Security to existing holders by way of bonus or capitalisation or similar issue;


  (b) a distribution, issue or dividend to existing holders of the underlying product of (i) such Securities, or (ii) other share capital or securities granting the right to payment of dividends to holders of such Securities, or (iii) share capital or other securities of another issuer acquired or owned as a result of a spin-off or (iv) any other type of securities, or other assets, for payment at less than the prevailing market price as determined by us;


  (c) an extraordinary dividend; 特别股利;

  (d) a repurchase by the issuer or any of its subsidiaries of relevant Securities; or with respect to the issuer an event that results in any shareholder rights pursuant to a shareholder rights agreement or arrangement being distributed or becoming separated from Securities of common stock or other securities of the capital stock of the issuer.


  20.3 Notice of any adjustment or amendment under this clause 20 shall be given to you as soon as reasonably practicable after the determination of the adjustment or amendment and shall be conclusive and binding on you in the absence of manifest error.


  21 Representations申述

  21.1 You confirm that we shall have authority to take such action as we reasonably consider to be necessary under these Terms and all such action will be undertaken by us as your agent and you agree to ratify and confirm everything properly done by us in the proper performance in good faith of our duties under these Terms.


  21.2 You represent to us that, at the date of these Terms and at the time of each Transaction that:


  (a) you have full power and authority and have taken all necessary steps to enable you to lawfully enter into and to perform all your obligations under these Terms;


  (b) you deal as principal only and no person other than yourself has or will have any interest in any Transaction or in any account that we hold on your behalf;


  (c) all sums or other assets deposited by way of Margin for your obligations under these Terms are beneficially owned by you and you will not create any charge or other encumbrance over or in respect of such money or assets;


  (d) you will provide to us, on request, such information regarding your identity as we may reasonably require to comply with anti-money laundering regulations;


  (e) no Event of Default or potential Event of Default as specified in clause 24 has occurred and is continuing with respect to you; and


  (f) all information you have given to us is true and accurate in all material respects as of the date of these Terms and any changes to the information will be promptly notified by you to us and you will not omit or withhold any information which would render the information so supplied false or inaccurate in any material respect.


  22 Market abuse 市场操控

  22.1 We may from time to time limit our liability to you by opening analogous individual positions (whether shares or other instruments) with other institutions which may exert a distorting influence on the Underlying Market. This creates a possibility of market abuse. The purpose of the following clause 22.2 is to prevent such abuse.


  22.2 You represent, warrant and undertake that:贵方表示、保证并承诺:

  (a) you will not open, and have not opened, any CFDs with us relating to a particular share, if to do so would result in you, or others with whom you are acting in concert, having an exposure to that share which is equal to or exceeds the amount of a Declarable Interest in the relevant company unless you, or others with whom you are acting in concert, make the required declarations and notify us about your Declarable Interest immediately;


  (b) you will notify us and keep us updated at all times of your aggregate Declarable Interests;


  you will not open, and have not opened, any CFDs with us in connection with:


  22.3 If you open any CFD in breach of the representations, warranties or undertakings given in these Terms, or we have grounds to believe that you have done so, we--- may in our absolute discretion and without being under any obligation to inform you of our reason for doing so, close that CFD and any other CFDs that you may have open at the time. We may also:


  22.4 You acknowledge that we shall not transfer voting rights relating to an underlying share to you or otherwise allow you to influence the exercise of voting rights held by us or on our behalf.


  You undertake that you will not enter into any CFDs with us in connection with any corporate finance style activity.


  We are entitled to report to any relevant regulatory authority any CFD or other transaction undertaken by you which may constitute a breach by you of these Terms, Applicable Regulations or any law.


  The exercise by us of any of our rights under this clause 22 in respect of any CFD shall not affect any of our other rightswhether in respect of that CFD or any other CFD.


  23 Settlement, liquidation and automatic rollover冲销、清算及自动转仓

  23.1 In respect of open Transactions, you will promptly take all actions necessary either:


  (a) to close out or otherwise liquidate such Transactions by giving proper instructions in good time to enable us to carry out those instructions; or


  (b) to enable us to effect due settlement in accordance with the requirements of the Transaction, the Applicable Regulations and any relevant Exchange.


  23.2 Except as otherwise provided in these Terms, or in the Trading Procedures unless you provide us with instructions to liquidate an open Transaction in your account, that position will be automatically rolled-over as an open position in the account to the next Business Day.


  24 Payments and default interest付款及违约利息

  24.1 You acknowledge that we do not allow delivery of any underlying products but will effectively net off with a contract of the equal and opposite amount or rolled-over on a daily basis to the next value date.


  In respect of any Transaction automatically rolled-over as an open position, you will either pay or receive an amount equivalent to the difference in the applicable overnight interest rates between the currencies being bought or sold (“Interest Rate Differential”). The amount of Interest Rate Differential is variable and calculated by us and your account shall be debited or credited as the case may be with the relevant Interest Rate Differential.

  对于任何作为未平仓交易的自动转仓,贵方将支付或收取以适用的隔夜利率计算的货币买卖差价(“利率差额”)的相等金额。该利率差额是可变动的,且由我方计算,而贵方的帐户将被扣除或存入(视乎情况而定)相关的利率差额。 24.2

  24.3 Payments to be made by you shall be made to the account specified by us in writing and in immediately available and freely transferable funds for value on the day due and in the currency in which it is due.


  24.4 All payments due from you to us under these Terms shall be made in full, without counter-claim and free and clear of all present and future Taxes unless you are compelled by law to make the payment subject to such Taxes.


  Any payment required to be made by you under these Terms, which is not made when due, shall bear interest at a rate of 2 per cent per annum above the current 3 month LIBOR rate. Such interest shall accrue and be calculated daily from the due date until the date of payment.


  25 Default and termination违约及终止

  25.1 At any time after we have determined, in our absolute discretion, that you have not performed (or may not be able to perform) any of your obligations to us, we shall be entitled without prior notice to you:


  (a) to close out, replace or reverse any transaction, or refrain from taking, such other action at such time and in such manner as, at our sole discretion, we consider necessary or appropriate to cover our loss or liability under any of your contracts, positions or commitments; and


  (b) to treat any Transactions then outstanding as having been repudiated by you, in which event our obligations under such Transaction(s) shall thereupon be terminated.


  25.2 Either party may terminate these Terms by giving five Business Days’ written notice of termination. We may terminate these Terms immediately if you fail to observe or perform any provision of these Terms, in the event of our or your insolvency or in order to comply with Applicable Regulations.


  25.3 Upon terminating these Terms, all amounts payable by you to us will become immediately due and payable including (but without limitation):


  all outstanding fees, charges and commissions; and any dealing expenses incurred by terminating these Terms; and any losses and expenses realised in closing out any transactions or settling or concluding outstanding obligations incurred by us on your behalf.


  25.4 Termination shall not affect then outstanding rights and obligations and Transactions which shall continue to be governed by these Terms until all obligations have been fully performed.


  26 Suspension or withdrawal of Electronic Services暂停或撤销电子服务

  In addition to and without limitation to our rights under these Terms, we reserve the right to suspend or withdraw temporarily or permanently all or any part of the Electronic Services, immediately at any time if:


  we suspect or become aware of unauthorised use or misuse of any Security Information;


  you are in breach of any of the provisions of these Terms, the provisions of any additional terms relating to ThirdParty Providers or Applicable Regulations;


  27 Nothing in these Terms shall exclude or restrict any duty we may owe to you under the Act.


  27.1 You shall, indemnify us and keep us indemnified from and against all liabilities, damages, losses and costs (including legal costs) or commissions incurred or suffered by us in the proper performance of our services or the enforcement of our rights under these Terms and in particular, without prejudice to the generality of such indemnity, against all amounts which we may certify to be necessary to compensate us for all costs, expenses, liabilities and losses sustained or incurred by us with respect to any of your accounts or any Transaction in order to fulfil our obligations under these Terms as a result of:


  (a) any default in payment by you of any sum under these Terms or any Transaction when due;


  us doing and taking all and any actions and steps whatsoever to carry out the terms of any instructions from or purporting to be from a person duly designated or authorised by you for such purpose pursuant to clause 12 or 14;


  (b) us exercising our rights under these Terms to close out all or any part of any Transaction before its applicable value date;


  (c) any act or omission by any person obtaining access to the Internet by using the Security Information (whether or not you have authorised such access); or


  27.2 We shall not be obliged to take or refrain from taking any action which is or will be beyond our power to take or refrain from taking wholly or partly as a result of an event or state of affairs which is or was beyond our control to prevent and the effect of which is beyond our power to avoid.


  27.3 We shall not be in breach of our obligations under these Terms if there is any total or partial failure of or delay in performance of our duties and obligations occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, failure of any computer dealing or settlement system, prevention from or hindrance in obtaining any energy or other supplies, labour disputes of whatever nature, late or mistaken delivery or payment by any bank or counterparty or any other reason beyond our control.


  27.4 The indemnities in this clause 27 shall survive termination of these Terms and our certificate as to the amounts due under this clause 27 shall, save for manifest error, be conclusive.


  28 Suspension and market disruption暂停及市场中断

  28.1 If an Exchange takes any action which affects a Transaction, then we may take any action which we, in our reasonable discretion, consider desirable to correspond with such action or to mitigate any loss incurred as a result of such action. Any such action shall be binding on you.

  如果某交易所采取任何影响交易的措施,我方将采取任何措施,在合理地判断认为可附合的情况下,遵守该措施或减轻该措施造成的损失。任何上述措施均对贵方具有约束力。 28 28.1

  28.2 The occurrence of one or more events, including without limitation, the occurrence or existence on a Business Day of any suspension of or limitation on trading or closure of the market for a temporary period or for such longer period as may be determined in accordance with rules of the relevant Exchange or market (“Market Disruption Event”) may result in our being unable, and through us, you being unable to enter into Transactions in accordance with the rules of the relevant Exchange or market. If at any time in relation to any Transaction, we in our sole discretion determine that a Market Disruption Event has occurred, then we may give you notice to terminate the Transaction prior to its maturity date. Furthermore we, and through us, you may from time to time be prevented from or be hindered in entering into Transactions in accordance with rules of the relevant Exchange as a result of a failure of some or all of the market facilities including without limitation malfunction of equipment, software provided by or failure of communications by any Exchange or intermediate broker. Accordingly, we shall not be liable to you for loss, damage, injury or delay whether direct or indirect, arising from any of the circumstances or occurrences referred to above or from any act or omission of any relevant Exchange or intermediate broker, their officers, employees, agents or from any breach of contract by or any negligence howsoever arising of the relevant Exchange or intermediate broker, their officers, employees, agents or representatives.


  29 Conflicts of interest利益冲突

  29.1 Your attention is drawn to the fact that when we enter into a Transaction for you we may have a conflict of interest or an interest that is material in relation to the Transactions or service concerned. However, our employees are required to comply with our Conflicts of Interest Policy, which includes the requirement that they disregard any such interest or conflict of interest when entering into a Transaction for you.


  29.2 Where the procedures and controls we have set up to identify and manage conflicts are not sufficient to ensure that a potential conflict may not impair your interests, we will disclose the conflict to you.


  29.3 A summary of our Conflicts of Interest Policy appears at Schedule 3.


  30 Data protection and confidentiality of information数据保护及信息保密

  30.1 You acknowledge that we may obtain information (including personal data and sensitive personal data, each as defined in the Data Protection Act 1998) about you or your directors, shareholders, employees, officers, agents or clients as necessary. You and we will each treat as confidential (both during and after the termination of the relationship between you and us) any information learned about the other in the course of the relationship pursuant to these Terms and, except as otherwise agreed, shall not disclose the same to any third party without the other’s consent.


  30.2 You specifically authorise that we may use, store or otherwise process any such information (whether provided electronically or otherwise) and may disclose any such information (including, without limitation, information relating to your transactions and account) either as we shall be obliged to under or pursuant to any applicable law or rules or by any regulatory authority or as may be required to provide services to you under these Terms.


  30.3 You acknowledge and agree that in doing so we may transfer or disclose such information to any associated company or third party wherever located in the world. Such parties may include those who provide services to us or act as our agents, those to whom we transfer or propose to transfer any of our rights or duties under these Terms and those licensed credit reference agencies or other organisations that help us and others make credit decisions and reduce fraud or in the course of carrying out identity, fraud prevention or credit control checks. You agree that we may transfer information we hold about you to any country including countries outside the European Economic Area, which may not have comparable data protection laws, for any of the purposes described in this clause 30.


  30.4 You agree that we may disclose information about you to your Attorney for any purpose relating to these Terms.


  If any personal data or sensitive personal data belonging to any of your shareholders, directors, employees, officers, agents or clients is provided to us, you represent to us that each such person is aware of and consents to the use of such data as set out in this clause 30 and you agree to indemnify us against any loss, costs or expenses arising out of any breach of this representation.


  31 Notices通知

  31.1 All notices shall be in writing and may be served personally at, or by fax, courier or email to, our respective addresses set out in these Terms or such other address as either you or we may give notice of to the other from time to time. You must ensure that at all times we are able to communicate with you by telephone, email or fax.


  31.2 Such notice or communication will be deemed effective if in English, in writing and delivered:


  in person or by courier, on the date it is delivered; if sent by facsimile, on the date that transmission is received by the recipient; or if sent by registered mail or the equivalent, on the date that mail is delivered; or if sent by email on the date that email is delivered.


  32 Intellectual Property知识产权

  32.1 Any Intellectual Property rights in relation to the provision and operation of the Electronic Services and in all material and information used, created and/or supplied by or on behalf of us and in any computer code written by or on behalf of us, shall be owned by us (or our licensors as appropriate).


  32.2 All Financial Market Information is either our property or the property of Third Party Providers and is protected by copyright and other intellectual property laws. You agree not to reproduce, re-transmit or distribute Financial Market Information to anyone without our prior written consent.


  32.3 If you become aware that any copyright or other Intellectual Property rights owned by us are being, have been or are likely to be infringed, you shall notify us immediately.


  33 Risk acknowledgement风险确认

  You confirm and acknowledge that:贵方确认及承诺:

  (a) the provision of Electronic Services is dependent upon computer and communication systems which may be susceptible to malfunction and may not be completely reliable or secure;


  (b) the combination of password and/or user identification code does not result in any form of security or encryption other than as an initial verification of identity at the time of initial logging-on to the Trading Platform. You accept all risks of interception, corruption or loss in transit of any instructions you send by Electronic Means and we are entitled to rely upon such instructions as they are in fact received by us;


  (c) you are responsible for acquiring and maintaining the appropriate computer hardware, software, communication equipment and access to the Trading Platform; and


  (d) we are not responsible for the content of any third party website to which you connect using a hypertext link contained within the Trading Platform or any of our websites.


  34 General一般规定

  34.1 These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and the basis on which we will enter into any Transaction with you and supersedes all previous written or oral communications with respect to these Terms.


  34.2 We may amend these Terms by notice in writing to you at any time. Any such amendment shall take effect from the date specified by us but may not be retrospective or affect any rights or obligations that have already arisen.


  34.3 Notwithstanding clause 34.2 above, we reserve the right from time to time to make such modifications, improvements or additions to the Electronic Services and/or the Electronic Means as we shall deem fit. We shall use reasonable endeavours to give you prior notice of such modifications, improvements or additions.


  34.4 No failure on the part of any party to exercise, and no delay on its part in exercising, any right or remedy under these Terms shall operate as a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right or remedy.


  34.5 If any provision of these Terms shall be held to be void, invalid or unenforceable the same shall be deemed to be deleted to the extent necessary to cure such voidness, invalidity or unenforceability and all other provisions of these Terms shall remain in full force and effect.


  34.6 The rights and remedies in these Terms and the indemnities contained in clause 27 are cumulative and not exclusive of any rights or remedies provided by law.


  34.7 Unless otherwise permitted by any Applicable Regulations, nothing in these Terms shall be taken to exclude or restrict our obligations under any Applicable Regulations. We shall be entitled to take any action as we consider necessary in our absolute discretion to ensure compliance with any Applicable Regulations and such actions shall be binding on you and shall not render us or any of our directors, officers, employees or agents liable.


  34.8 Time is of the essence in respect of any of your obligations under these Terms.


  34.9 Subject to any restrictions contained in these Terms, you agree that we (including our employees or representatives) shall be entitled to telephone you without express invitation (or make other Unsolicited Real Time Financial Promotions) during normal business hours (or such other times as may be convenient) if we consider it appropriate.


  34.10 All formal complaints should in the first instance be made in writing to us: Compliance Department, City Credit Capital (UK) Limited, Level 20, Tower 42, 25 Old Broad Street, London, England EC2N 1HQ and marked for the attention of our Compliance Officer.


  Compliance Department, City Credit Capital (UK) Limited, Level 20, Tower 42, 25 Old Broad Street, London, England EC2N 1HQ。

  请注明收件人为我方的合规监察员(Compliance Officer)。

  34.11 We are participants in the UK Financial Ombudsman Service (“FOS”). Disputes that cannot be resolved between you and us may be submitted to the FOS for mediation. The FOS’s compulsory jurisdiction covers complaints against authorised firms about their regulated activities and certain specified other financial services activities. It is provided free of charge to omplainants. The FOS’s decisions are based on what is ‘fair and reasonable’ and are binding on firms if a complainant accepts them.


  34.12 We are participants in the UK Financial Services Compensation Scheme. You may be entitled to compensation from the scheme in the unlikely event we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Most types of investment business are covered for 100 per cent of the first £30,000 and 90 per cent of the next £20,000 so the maximum compensation will be £48,000. Further information about compensation is available from the UK Financial Services Compensation Scheme.


  34.13 Nothing in these Terms is intended to confer on any person who is not a party to them any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms save that any intermediate broker that we use will be entitled to enforce any provision of these Terms against you directly.


  34.14 You may not without our prior written consent transfer these Terms or any interest or obligation in or under these Terms and any purported transfer without such consent shall be null and void.


  34.15 If you are a partnership or more than one person, any liability arising under these Terms shall be deemed to be the joint and several liability of the partners in the firm or of such persons as aforesaid. These Terms shall not be terminated or prejudiced or affected by any change in the constitution of such firm or by the death of any one or more of such persons but in the event of any such death notice of termination shall be given by the survivor or survivors of such persons or the personal representatives of any such persons who have died.


  34.16 You (i) consent to the recording of the telephone conversations in connection with these Terms, any potential Transaction or Transaction and (ii) agree to obtain any necessary consent of, and give notice of such recording to, such of your personnel as may be necessary. You further agree that any such recording may be submitted in evidence to any court or in any legal proceeding for any purpose relating to any Transaction or these Terms.


  35 Governing law and jurisdiction准据法及管辖权

  35.1 The provisions of these Terms shall be governed by English law.


  35.2 You agree for our exclusive benefit that the courts of England are to have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms. Nothing contained in this clause 35 shall limit our right to take proceedings against you in any other court of competent jurisdiction.


  36 Distance marketing information远距营销信息

  36.1 In order to comply with the FSA’s provisions relating to distance marketing, these Terms will be subject to the following extra provisions:


  Our main business is dealing in FX and CFDs. Our address is Level 20, Tower 42, 25 Old Broad Street, London EC2N 1HQ.

  我方主营业务为外汇和价差合约交易。我方地址为Level 20, Tower 42, 25 Old Broad Street, London EC2N 1HQ。

  In addition to our charges, please note that other taxes and costs may exist that are not paid through or imposed by us.


  There are no specific additional costs for you, which are charged by us, as a result of you entering into contracts without meeting one of our representatives.


  Prior to entering into these Terms, English law will be the basis of the establishment of our relationship with you. These Terms are supplied in English, and we will communicate with you in English during the course of our relationship with you.


  36.2 Under the FSA Rules, you have a right to cancel these Terms within 14 days after you have accepted them. If you cancel your agreement to these Terms you will still be liable for the settlement of all your outstanding transactions and all the sums and charges which you owe at cancellation. To exercise your right to cancel your agreement to these Terms you must notify us in writing within 14 days.


  36.3 If you do not exercise your right to cancel these Terms immediately, you will still be entitled to exercise your right to cancel at anytime in the future provided that you have no outstanding open position.





  The following provisions shall constitute an integral part of, and shall be deemed to be incorporated into, the Terms.


  All Transactions conducted in your account with us shall be in accordance with the following provisions of margin deposit and withdrawal policies and trading procedures, unless and to the extent that we specifically waive their applicability in any particular case, and subject to the Terms. We reserve the right, at any time, in our absolute discretion to modify or amend any or all of the provisions of this Schedule. All terms used unless otherwise stated shall bear the same meanings ascribed to them in the Terms.


  1 Margin deposits 保证金存款

  (a) Margin deposits may be made in British Pounds, Euros, US Dollars or Japanese Yen or such other currency as we may agree with you.


  (b) Wire transfers, Cheques, Bank draft are acceptable payment methods for margin deposits made in connection with opening new accounts. No trading can be executed in a new account prior to funds being confirmed by our bank as having been received and cleared.


  (c) Wire transfers will normally be credited to client accounts prior to close of business on the day of clearing. Cheques will be credited upon clearing, please allow up to three weeks for overseas cheques to clear. Credit and debit card deposits will be credited to client accounts immediately upon clearing.


  (d) Funds deposited as Margin in your account(s) shall not earn any interest.


  2 Margin withdrawals 保证金提取

  (a) Margin withdrawal requests will be accepted to the extent of the available credit balance in the account in excess of the then applicable Margin requirement for the account.


  (b) All distributions of withdrawn margin funds will be made in the form of British Pounds, Euros, US Dollars or Japanese Yen or such other currency as we may agree with you. Distributions will be made within seven Business Days of acceptance by us of a withdrawal request.


  3 Trading procedures 交易程序

  (a) Margin requirements vary based on the Underlying Financial Products. See the Contract Specification at www.cccapital.co.uk for details on specific CFD products.


  (b) Margin Warnings and Margin Calls保证金警告和追加保证金通知

  (1) With respect to overnight trades, a necessary Margin of 50 per cent or above is required to maintain an overnight position.


  Furthermore, to carry positions over the weekend or market holidays, full margin is required. If full margin is not available then positions will automatically be liquidated at the closing market price until full margin is met for remaining positions.


  (2) With respect to day trades, whenever in a trading day the effective Margin drops below 50 per cent of the necessary Margin, you will receive a warning email informing you of this. A further warning email will be sent to inform you if the effective Margin drops below 30 per cent. At 25 per cent your positions will automatically be liquidated until Margin requirements are fully met for all remaining positions.


  (3) Whenever the effective Margin in the account is not sufficient to support the taking of new positions, but for any reason the account was permitted to take such new positions, the taking of such positions will be considered as over-trading. For all overtrades, you must deposit the additional necessary Margin immediately. In the absence of such an immediate deposit, we will in our sole and absolute discretion use any available means, including using an unfavourable price, to settle the over -trading positions.


  (4) For each price quote, a maximum of 30 contracts (lots) per account per product will be accepted by us except for FX products where maximum contract per price quote will be 50. For orders in excess of 30 lots, amended quotes will apply.


  (5) Limit orders can be placed only when the price shown on CCC’s price provider’s screen is at least 10 pips from the desired limit price, and only after confirmation that the order has been accepted for execution. The order as placed must indicate either “higher” or “lower” within the specified limit price.


  (6) Cancellation by you of limit orders can be effected only when the limit order has not yet been executed and will be effective only when the order of cancellation is confirmed by us.


  (7) Automatic cancellation of orders may occur earlier if we decide in our absolute discretion that market volatility is significant due to the release of major financial and economic data and other special fundamental events.


  (8) We will accept orders for, and execute, Transactions only during open trading hours of the specific Underlying


  (9) We reserve the right, for any reason, in our sole and absolute discretion, to refuse or reject any orders placed for any account, irrespective of whether the account is then under-margined or not.


  (10) We reserve the right, in our sole and absolute discretion, to rescind any Transaction where the price quoted or executed was quoted in error, whether due to human effort or as a result of a technical problem. A price will be deemed to be quoted in error if it is different from the price that we would normally have quoted at the time when you requested it, taking into account all relevant factors.


  (11) All contract price information relayed by us to you that is supplied by third party data providers shall be deemed to be indicative only, and shall be used exclusively for reference purposes only.


  (12) No Transaction positions can be transferred between your trading accounts, and no account can be transferred or changed to another party’s name.


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