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General Banking Terms Commercial Banking

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Commercial Banking

General Banking Terms ABN AMRO Bank nv


I. GENERAL PROVISIONS
possible of the contractual opt-outs mentioned in the articles 27 and 55 of the Belgian law with respect to the payment services of 10 December 2009, further referred to as the Payment Services Law , and conrms that Title II and the articles 28 paragraph 3, 29, 35, 37 to 39, 42, 50 to 52 and 56 paragraph 1 of the Payment Services Law, as amended from time to time will not apply. The Client also agrees to the application of a different time frame than that mentioned in article 34 of the Payment Services Law. 3. Denitions a. Payment Instrument: means each personalised instrument and/or totality of procedures, agreed between the Bank and the Client which the Client uses to allow him to initiate a payment instruction. b. ABN AMRO: means ABN AMRO Bank nv, with registered ofce at 1082 PP Amsterdam, Gustav Mahlerlaan 10, The Netherlands, C.o.C. Commercial Register No. 34334259, acting through its Belgian Branch with headofce at 2600 Berchem, Roderveldlaan 5 b4, Companies Register Antwerpen no. 0819.210.332, VAT BE 0819.210.332, herein also referred to as the Bank . c. Payment Services Information Sheet: the payment services information sheet for commercial clients in which the Bank, in writing or electronically, publishes further rules and information with respect to, among others, payment services. The Payment Services Information Sheet and the denitions contained therein form an integral part of the Banking Terms. 4. Identity, capacity, origin of money a. On entering a relationship with the Bank, and as long as the Client makes use of the Banks services, the Bank is obliged to identify the Client by means of the following data and documents: For natural persons: a copy of the identity card or passport (or in the absence thereof a similar document), the domicile, the civil status, the legal capacity, as the case may be, the marital status, the principal residence, the VAT and company number. For legal entities: a copy of the most recent coordinated articles of association and their publication in the Belgian Ofcial Journal, VAT and company registration numbers, a copy of all the ofcial documents specifying the persons empowered or otherwise to represent and engage the legal entity vis--vis the Bank; these persons must identify themselves as natural persons or legal entities. For de facto associations and partnerships without legal personality: a copy of the most recent coordinated statutes, internal rules and regulations or any other similar document showing the existence of the association or the partnership without legal personality, a list of members, as the case may be the VAT and company registration number, a copy of the ofcial documents specifying the persons empowered or otherwise to represent and engage the association or the partnership vis--vis the Bank; these persons must, accordingly, identify themselves as a natural person or a legal entity. For legal representatives, guardians and those who act

1. Field of application a. These general terms (the Banking Terms) govern all the contractual relationships between the Bank and its Clients in the meaning of Title I article 2 of the Banking Terms. The bank reserves the right to restrict the availability of certain products to certain types of clients depending i.a. on the technical environment requirements of such products and the banks client segmentation.

b. The Banking Terms are complemented by the international or Belgian general bank practices. The Banking Terms may be deviated from by special conditions and agreements (especially credit agreements), the clauses of which take precedence over those of the Banking Terms. Deviations from the Banking Terms which would be allowed by the Bank, even if they are repeated, may not be considered as an acquired right by the Client, unless this has explicitly been agreed in writing. c. On entering a relationship with the Bank, the Client is given a free copy of the Banking Terms. The Client can always consult the Banking Terms or obtain a copy thereof in any of the Banks branches; the Banking Terms are also available on the Banks website (www.abnamro.be). d. The mere fact of the Client making use of the Banks services entails its acceptance of all the clauses of the Banking Terms. e. These Banking Terms replace all previous versions of the Banking Terms. f. The bank has subscribed to the Code of Conduct of the Belgian Bankers Association. g. ABN AMRO Bank nv is licensed in the Netherlands as credit institution and is under supervision of De Nederlandsche Bank, established at Postbox 98, 1000 AB Amsterdam, Westeinde 1, 1017 ZN Amsterdam (The Netherlands); the Belgian branch is also under the supervision of the Banking, Finance and Insurance Commission, established at Congresstraat 12-14, 1000 Brussels (Belgium). h. Communication with ABN AMRO occurs in English, French or Dutch. All standard documentation of ABN AMRO is available in Dutch and French; some information is also available in English. 2. Physical persons and legal entities a. Banking Terms apply to all physical persons who are not consumers in the meaning of article 1,1 of the law of 12 June 1991 on consumer credit, to all legal entities and de facto associations and partnerships without legal personality, herein referred to as Clients and each a Client . b. The Client conrms that he is not a consumer in the meaning of article 1,1 of the law of 12 June 1991 on consumer credit. c. The Client conrms that he wants to make use as far as

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on behalf of somebody else: identication as for natural persons and legal entities, with submission of the documentation showing their authority and the extent of their powers. At the rst request of the Bank, the Client will supply all additional information and documents regarding, amongst others, the origin of its money and funds, for which it will sign a declaration at the Banks request. The Client shall only hold funds with the Bank that originate from legitimate activities. The Client shall not use the services of the Bank nor the funds for money laundering or for nancing terrorist activities. b. If the Bank deems that the duty of identication is not or no longer complied with, it may postpone entering into a relationship, suspend the execution of a transaction and/or block the account of the Client. c. The Client must notify the branch where it holds its account of any change in the above mentioned data, immediately, in writing and with the necessary documentation showing these changes. Clients of foreign nationality must moreover inform the Bank without delay of any statutory and regulatory changes in their country of origin which might inuence their legal or civil capacity and/or their powers of representation. d. The Client is liable for any damages resulting from incorrect data, documentation or from the failure of or late notication of changes.The Bank is not liable for the authenticity, the validity, the translation or interpretation of foreign-source documents submitted to the Bank. e. The Bank is not bound to check the accuracy of the documents handed over by the Client or on behalf of the Client, except in the event of a legal requirement to the contrary. The Bank is also not bound to check the tax status of the Client, even if the information in this respect can be veried or is generally known. If the Client is a foreign national or has a foreign place of residence, the Bank is not bound to examine whether the information and documents given to it by or on behalf of the Client are affected by foreign regulations. In order to protect its liability with respect to the tax authorities, the Bank is authorised to collect information on the Client and to check the accuracy of the information given to it. The Bank is also authorised to act on the basis of the information that it considers correct, insofar it can verify this. If legally authorised, the Bank shall inform the Client of this within a reasonable period of time. If the Bank and the Client do not agree on the correctness of the information, then each of them may end the banking relationship by registered letter, without charge and without notice. 5. Specimen of signatures a. On entering the relationship and at any change thereafter, each Client deposits a specimen of its signature and where applicable a specimen of the signature of its representative(s) or its proxy(ies). The Client undertakes to inform the Bank immediately of any event (e.g. loss or theft of identity papers) that may increase the risk of fraud relating to identity or the falsication of instructions. b. For the execution of orders, the Bank is only bound to

compare the signatures on these orders with the specimen of the signature deposited. Safe for gross negligence or wilful misconduct of the Bank, the transactions processed on the basis of a false or falsied order will be valid vis--vis the account holder or the holder of the balance. 6. Documents of the Bank a. The Bank is only bound by commitments concluded in its name if they have been issued on its letterhead documents and duly signed by persons authorized thereto in accordance with the articles of association or with a power of attorney. An exception is made in respect of statements, receipts and other documents which relate to or result from mechanical or automated processing operations approved by the Bank. b. The list of the authorized persons specifying their powers and containing a copy of their signature can be consulted in all the Banks branches. 7. Powers of attorney a. Forms in respect of powers of attorney are available to the Client; the Bank reserves the right not to take into account powers of attorney which are not issued on Bank forms. The powers of attorney remain lodged with the Bank. These powers of attorney, except in the event of express restrictions, shall be deemed to allow the representative to perform acts of management and acts of command or disposition, including the opening of sub-accounts in other currencies, and the closing of the account or sub-accounts. The fact that a power of attorney is drafted in general terms does not detract from this. The Client is liable with respect to the Bank for all acts of the representative or proxy. b. Powers of attorney may only be revoked by bailiffs writ or by registered letter addressed to the branch at which the relevant account is maintained. Revocation of a power of attorney shall be taken into account by the Bank as from the rst bank working day following the day of receipt of the notication. Statutory revocation of such powers (inter alia decease, in the event of appointment of a guardian, or in the event of manifest insolvency of the conferor or the conferee) shall be without consequence for the Bank until the rst bank working day on which the Bank is notied of the event by virtue of which the power of attorney is statutorily rescinded. When a power of attorney is ended, the Client is bound to immediately give the Bank all documents, bank cards and security instruments relating to the withdrawn power of attorney. In the absence of this, the Client shall remain liable for all consequences arising from the unlawful use of these documents and/or instruments by the representative or a third party. c. The Bank is not liable for the consequences which might result from the lack of precision or comprehensiveness of the powers of attorney lodged with the Bank and/or notications of the revocation of procurations. The Bank reserves the right to refuse the exercising of the power of attorney without prior notice if it has legitimate reasons. This shall be the case for example if the Bank suspects that the representative is involved in money laundering or terrorist activities.

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8. Correspondence a. Correspondence from the Bank is sent to the address which was given by the Client as correspondence address upon commencement of the relationship, or failing that, to its legal domicile or its registered ofce. Any change in this address must be notied in writing to the branch where the Client holds its account. The Bank takes account of this modication at the latest, as from the second bank working day following receipt of the notication. The Bank will hold the undelivered returned correspondence for a reasonable time, without incurring any liability whatsoever. b. If the account is opened in the name of several persons, the correspondence for the attention of all the account holders is validly sent to the correspondence address indicated by them, or failing that, to one of them. c. Without prejudice to the aforegoing, all correspondence is deemed to have been validly effected if sent by the Bank to the Clients last-known address. Proof of correspondence and of its contents is established, unless proof to the contrary, on production of a copy of the correspondence by the Bank. This copy may differ from the original with regard to form. d. The Client must send its correspondence addressed to the Bank to the branch where it holds its account. The Bank waives any liability if the Client failed to use such correct address. 9. Consignment, transport and custody of securities, commercial paper and other valuables a. All letters or packages sent to or by the Bank and containing money, securities, commercial papers, diamonds or whatever other documents or valuables, are sent at the expense and risk of the Client, except for the sending of a payment instrument to the Client or the sending of any means that enable the use of this, in particular personalised security features. For security reasons, the Client must not deposit any valuables in the ordinary letter-box of the Bank. The Bank assumes no liability in relation to the aforegoing. b. Without prejudice to the right of the Client to exercise its right to do so himself, the Bank reserves the right to subscribe, for the account of the Client, an insurance contract for certain consignments or transports. c. The Bank is not obliged to keep the credits, values or other documents it has been entrusted with, at the place of deposit. It may keep them at any other place, depending on the necessities of its organisation or any other circumstances. 10. Instructions to the Bank a. The Bank maintains various forms at the disposal of its Clients specically designed to facilitate the giving of instructions by the Client to the Bank. The Client is enjoined to preserve these forms carefully and is liable for any consequences resulting from the theft or loss thereof, as well as from their abuse. b. If the Bank, for whatever reason, cannot or does not wish to carry out an instruction, it will inform the Client

thereof within a reasonable time and to the best of its ability. At the request of the Bank, the Client will supply additional information regarding the instruction. However, if the Bank cannot or wishes not to execute a payment transactions in the meaning of the Payment Services Law , it will inform the Client as soon as possible and the bank will, if possible, also state the reason for such non-execution and state where applicable the procedure for the correction of factual incorrections that have led to the refusal of the Bank, save any legal requirement that would prohibit such information. c. The Bank declines all responsibility in respect of errors or delays which might result from incomplete or inaccurate instructions given, irrespective of the manner in which they are given. The Bank declines all liability in the event of misinterpretation of instructions given by telephone of by telex. It reserves the right not to execute inaccurate or incomplete instructions. The Bank further reserves the right to require prior written conrmation of instructions issued by telephone or by telegraphic means and to delay their implementation until such juncture as said conrmation has been received. d. If the Client wishes the Bank to perform an outgoing payment, he shall instruct the Bank to this end. The Bank is not bound to verify the correctness of the information stated in the payment instruction and can execute the instruction on the basis of the beneciary account number specied by the Client. For an international transfer in euros within the SEPA region or a SEPA transfer, the Client must state the IBAN (International Bank Account Number) of the beneciary and the BIC (Bank Identier Code) of the Bank of the beneciary in the instruction. The Bank is only liable for the execution of payment transactions in accordance with the specied account number, and if applicable the IBAN number and BIC code provided by the Client, to the exclusion of any supplementary information that the Client provides 11. Revocation or modication of instructions given to the Bank Any modication or revocation of an instruction given to the Bank must be notied in writing. In any event and insofar as such revocation or the modication is still possible, the Bank is under no obligation to act on the modication or revocation notied until after the rst bank working day following receipt of said notication, save Title I article 13 d. of the Banking Terms. 12. Execution of the instructions by the Bank a. The Bank is authorized to accept money or assets for the account of its Clients. It is routinely authorised to credit this money or assets to an account of the beneciary in the Bank itself, even if the amounts or values in question were handed over on the condition they were kept at the disposal of the beneciary, or to transfer them to an account opened by the beneciary in another institution or to another account in the Bank. b. The Bank reserves the right, in the absence of explicit instructions, to determine the mode of execution it deems most appropriate for the instructions it has been given and this within the execution times mentioned in Title I article

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13 of the Banking Terms. The Bank also reserves the right to refuse instructions from the Client that are impracticable, too complicated or too expensive c. The Bank is entitled, whenever it deems it useful or necessary, to call on the intervention of Belgian or foreign third parties with a view to executing the instructions received and charge the associated costs to the Client. The Bank has no liability in this respect, except in the cases provided by Title VII article 20 of the Banking Terms. d. Any entry on an account of a transaction, the term or the time of which is not known (for example cashing collection with immediate credit), is executed with usual reservations , unless agreed otherwise, even if the expression with usual reservations is not explicitly mentioned. If the transaction is not concluded, the Bank cancels the account entry ex ofcio and without prior notice. e. The Bank may apply all sums credited to an account without differentiation or priority to enable it to implement instructions given by the Client. f. The Bank must abide by the international sanctions and regulations enacted by the United States of America, the European Union and the United Nations (as well as the local laws and regulations that apply to the branch executing the instruction). Pursuant to these laws and regulations, the Bank has adopted policy provisions that in some cases go further than the obligations under the applicable laws and regulations. Consequently, the Bank is not required to execute an instruction (including every payment instruction and provision of advice) from the Client or a third party if it involves a natural person, legal entity or any government body that is on the sanction list of the United States, the European Union or the United Nations, or which is on one of the local sanction lists, or which has any involvement or connection with Cuba, Sudan, Iran or Myanmar, or any governmental body or governmental agency of these countries. 13. Execution period for payment transactions a. Except for domestic transactions entered electronically by a Client, upon receiving a payment instruction to settle a Payment Transaction in a member state of the European Economic Area (EEA), the Bank shall credit the institution with which the account of the beneciary is held: (i) If the Payment Transaction is entered electronically and concerns a Payment Transaction in euros or another currency of the EEA, at the latest at the end of the third Working Day after the time of receipt by the Bank. (ii) For all other payment instructions, at the latest at the end of the fourth Working Day after the time of receipt by the Bank. (iii) For payment instructions that lead to payments that require a number of currency exchanges or payments outside the EEA, other execution periods may apply. The Bank shall provide more information on this on request. b. Upon receipt of a payment instruction for a domestic Payment Transaction, the Bank shall credit the institution with which the account of the beneciary is held: (i) For the execution of electronically initiated Payment

Transactions between two payment accounts in which the bank of the payer and of the beneciary are the same entity, at the latest at the end of the same working day as the time of receipt by the Bank. (ii) For the execution of electronically initiated Payment Transactions between two payment accounts in which the bank of the payer and of the beneciary are not the same entity, at the latest at the end of the next Working Day after the time of receipt by the Bank. (iii) For Payment Transactions initiated on paper, at the latest at the end of the second Working Day after the time of receipt by the Bank. c. The Bank may set a cut-off time in the Payment Services Information Sheet for the receipt of instructions (which may differ according to the type of payment transaction, communication channel or other circumstances). The time of receipt for a payment instruction is: (i) The time of receipt of a payment instruction by the Bank, if this is on a Working Day before the agreed cut-off time. If the time of receipt of a payment instruction is not on a Working Day or if this payment instruction is after the agreed cut-off time, at the latest on the next Working Day. (ii) The day agreed by the Bank and the Client for the execution of a payment instruction. If this day is not a Working Day, the payment instruction shall be deemed to have been received on the next Working Day. d. As soon as the Bank has received a payment instruction in the meaning of the Payment Services Law, the Client cannot revoke such payment instruction, save agreement to the contrary of the Bank. e. As of 1 January 2012, Title I articles 13.a (i) and (ii) of the Banking Terms shall be as follows: (i) If the payment transaction is entered electronically and concerns a payment transaction in euros or another currency of the EEA, at the latest at the end of the next Working Day after the time of receipt by the Bank. (ii) For all other payment instructions, at the latest at the end of the second Working Day after the time of receipt by the Bank. The Bank may fully invoke any grounds recognised by the law to refuse a payment instruction or to suspend its execution. 14. Execution of instructions where a specic date is stipulated (VAT, various duties, taxation) In the performance of instructions under this section, the Bank may, where appropriate and where circumstances so require, select the means and manner of execution it deems most appropriate in order to ensure compliance with the due date if these instructions were received less than 24 hours before the morning of the due date and/or if they were not given by means of the appropriate forms. 15. Administrative proof a. Irrespective of the nature or the value pertaining to a legal act, the Bank may, both in civil and in commercial cases, always adduce as proof a copy or a reproduction of the original document.

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b. The transcript or the copy of the original document has the same binding force in law as the latter, irrespective of the means employed in its reproduction (carbon copy, photocopy, microlm, computer print out or any other way). c. Telephone conversations between the Client and the Bank may be recorded with a view to: avoid disputes relating to instructions given by the Client; administer and handle communications and complaints; improve the quality of the Banks services.

d. In the event of war, riots or occupation of the country by foreign or illegal forces, the Bank is not liable for damage to its Clients caused by actions commanded by persons with de facto authority. e. The Bank is not liable for the defect or disruption, including that of a temporary nature, for whatever reason, of its computer hard or software, nor for the destruction or loss of data contained therein or in the event of fraudulent use by third parties. f. The Bank may, without prior notice, temporarily deny access to its services (1) to rectify technical defects or faults, (2) to maintain or improve its systems or (3) whenever it considers useful, for example but not exhaustively in the event of an attempt to swindle or embezzle funds. Insofar as it is possible, the Bank shall inform the Client of this. The Bank shall not be liable for the damage that may arise from such an interruption to its services. 17. Complaints, errors, important events a. All complaints and observations regarding the transactions executed by the Bank must, to sustain their validity, be notied in writing to the Bank, within 30 days as from the transaction or as from the date on which the events occurred, at the following address: ABN AMRO Bank nv, Compliance Ofcer,Roderveldlaan 5 b4, 2600 Berchem, Belgium. b. If the Client does not lodge a written observation within 30 days upon the mailing or delivery of daily statements, periodic statements or other documents sent or handed over to him by the Bank, the Client is presumed to have approved the contents of such statements. c. At its discretion, the Bank can address a conrmation form to the Client. The Client is enjoined to return this document within 30 days after it having been sent, duly signed; failing this, the transaction in question is deemed to be approved. d. The Bank is at all times entitled to correct errors of any nature whatsoever and for any reason whatsoever, without prior notication to the Client or receiving an instruction by the Client to this effect. Any applicable debit interest rate will be applied routinely and without notice if the correction results in a debit in the balance on account. e. The Client will use the Payment Instruments in accordance with the terms and conditions that apply to the issuing and use of such Payment Instrument. At the receipt of the Payment Instrument the Client takes all reasonable measures to ensure the safety of the Payment Instrument and of the personalised safety features. Without prejudice to the particular notication obligations provided for in these Banking Terms, the Client must immediately inform the Bank of all events which might result in the abuse of his Payment Instruments (such as the loss, theft or the fraudulent use of cheques and/or guarantee cards, credit cards or debit cards, or loss oor theft of access codes, access passes or his identity card). f. If the Client is of the opinion that he did not obtain a satisfactory solution to his complaint and/or remark, he may also report a complaint or remark relating to the payment services to the Algemene Directie Controle en Bemiddeling bij

Records of telephone conversations constitute valid evidence of the contents and time of the communication. In addition, any record is sufcient evidence that the communication with the Bank occurred without any errors and is not affected by a disruption or any other failure. Such evidence may be delivered by the reproduction of the record, whatever the means used for such reproduction. The registration of the time and contents of the communication will be kept as long as necessary to reach the goals pursued with such recordings. The Client is granted access to these data in accordance with Title I article 23. 16. Liability Force majeure a. The Bank shall in no event be liable for the correctness, the validity, the authenticity and, if any, the translation of the documents submitted to it, in particular those of foreign origin. b. In any event, the Bank can only be held liable for damages directly resulting from fraud or a serious fault committed by the Bank. In no event the Bank can be held liable for indemnication of indirect damage, whatever its nature. Without prejudice to the aforementioned, the Bank will in the event of a non-authorised payment transaction falling under article 36 of the Payment Services Law and after a prima facie investigation with respect to fraud or wilful misconduct by the Client, immediately repay the Client the amount of such non authorised payment transaction and, if applicable, restore the payment account from which the amount was debited in the condition it would have been had such non authorised payment transaction not taken place, if applicable with interest compensation. c. The Bank shall not be liable for the damage that a Client may suffer, directly or indirectly, due to the disruption of its services as a result of force majeure (for example but not exhaustively, in the event of a war, terrorism, revolt, strike, hold-up, re, ood, serious technical defects, blackout or other disasters), nor when the Bank has other legal obligations under national or European Community legislation, nor when its information processing services are entirely or partially, temporarily or otherwise, switched off on account of an external cause. Neither is the Bank liable either for damage imputable to other nancial institutions or any other third parties, for damage attributable to errors or an interruption or delay in the activity of the postal and/or telecommunications companies, the nonfulllment by third parties of obligations vis--vis the Bank for reasons independent of their will, or for damage resulting from decisions of the Belgian or foreign powers.

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de Federale Overheidsdienst Economie, K.M.O., Middenstand en Energie (Directorate-General for Supervision and Mediation of the Federal Public Department of the Economy, SMEs, the Self-Employed and Energy), at the address WTC III, Simon Bolivarlaan 30,1000 Brussels, Belgium, telephone (+32) 02 277 54 84, fax (+32) 02 277 54 52, e-mail: eco.inspec.fo@economie. fgov.be. Forms can be found at the following address: http:// mineco.fgov.be 18. Guarantees issued in favour of the Bank a. Each bank transaction between the Bank and the Client happens within the framework of one global relationship between them. Therefore, all transactions of a Client with the Bank are related to each other. If the Client fails to make a payment, then all obligations of the Client with respect to the Bank shall become immediately payable. b. As a consequence, all the accounts opened by the Bank for a Client are components of one single and indivisible account, irrespective of their legal status, modalities, interest conditions, currency or branch where they are held. Hence, the Bank is entitled, at all times by simple notication, to consolidate such accounts or to consolidate the distinct debit and credit balances of these accounts in Euro or currencies into one single balance by means of transfers. Any currency exchanges will be made at the rate of the day. However, the unity of accounts shall not prevent each account of the Client in itself being considered as being able to generate debit or credit interest. c. Moreover the Bank is entitled, and this notwithstanding bankruptcy, judicial settlement, seizure or any other event of concourse and without any formal notication or judicial decision being required, to set off all its debt claims vis--vis the Client, whatever their nature, whether due or not, against all debt claims of whatever nature, due or not, of the Client vis-vis the Bank, this up to their reciprocal amount. Accounts that must keep their individuality pursuant to statutory provisions or particular agreements, are excluded from this set off. d. Without prejudice to other rights and security that the Bank benets from by law, all sums, nancial instruments, current and future accounts receivables, as well as those on third parties for whatever reason and on whatever accounts, documents and goods, irrespective of their nature, that the Bank possesses on behalf of the Client, count as an indivisible and privileged pledge of security for the Bank for the performance of existing and future obligations, of any nature, of the Client with respect to the Bank. To preserve these rights, the Bank is empowered, at the Clients expense, to comply with all requisite formalities to ensure that this pledge is honoured and upheld against third party claims. The Client shall fulll all required formalities and the Bank shall provide all information necessary to invoke the existence of the pledge. The Bank is also entitled to obtain such information and documents from third parties, debtors of the pledged receivables. The Bank is also entitled, without any obligation however, to have the Client conrm each pledge individually. Should the Client fail to comply on time with its obligations vis-vis the Bank, the latter is entitled, at its choice, within the shortest delay, without prior formal notication and without judicial authorisation being required and notwithstanding any concourse:

to appropriate the pledged nancial instruments. These instruments will be valued (i) at the last known closing rate if the instruments are listed (if listed on several markets, the closing rate on the principal market precedes) or (ii) at the actual market value as established by an expert appointed by the Bank. to convert the pledged nancial instruments into cash.

e. Claimable debit balances can be legally cleared off by transferring credit balances of persons who have contracted conjointly or severally with the Bank either as principals or in a subsidiary role, such as in respect of guarantees or other securities. Accordingly, the Bank is empowered at all times to effect such transfers as appears necessary to clear off the debit balance on an account by applying funds from another account. 19. Protection of deposits The Bank is a member of the Dutch Deposit Guarantee System and the Investor Compensation System. These arrangements come into play when a bank is no longer able to repay the savings entrusted to it or when claims on nancial instruments belonging to the client are jeopardised. The arrangement provides for the repayment of a maximum of EUR 100,000.00 per account holder for entrusted savings and an (additional) maximum of EUR 20,000.00 per investor in nancial instruments. The text of this information is available on request at the Bank. 20. Waiver of protest With respect to negotiable instruments held by the Bank in its capacity as proprietor, beneciary, bearer or authorized collection agent, the Bank is not enjoined to lodge a protest in the event of non-acceptance or non-payment, nor to address the notices prescribed by law in cases of non-acceptance or non-payment to the Client and other signatories to negotiable instruments nor to respect the statutory time limits provided in this respect. If the Bank nevertheless elects to comply with these formalities, it does so without implying any liability on its part. 21. Estates a. The death of a Client or of its spouse shall be notied to the Bank in writing and without delay. As from the receipt of such notication, the accounts, bank vaults and assets of the deceased and of its spouse are blocked; domiciliation, standing orders and powers of attorney granted by or to the deceased expire. If the Bank is not informed or informed late of the decease, it assumes no liability for transactions executed after the death in respect of the moneys or assets of the deceased. b. The Bank releases the assets of the deceased and/or its spouse and/or the content of its safety-deposit box and authorizes transactions in connection with the same once it has complied with all scal obligations imposed upon it and after ofcial documents showing the disposition of the estate (in principle a certicate or deed of inheritance from a notary (akte of attest van erfopvolging uitgaande van de notaris)) have been presented, as well as all other documents the Bank deems necessary. In any event, the collective and written authorisation of all parties to the estate or of their joint trustee

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is required for transactions in respect of the assets of the deceased. c. The Bank is empowered to comply with all requests for information regarding the assets of the deceased Client, provided its professional secrecy obligation does not prevent it. The Client accepts that the Bank may provide information to the notary executing the estate and to the tax department on the credit balances and operations of the Client with the Bank and the services used. d. The heirs and duly authorised persons are jointly and severally liable for any debit balances as well as for the charges pursuant to the opening of the estate and to the costs incurred by the Bank. e. In the event of the death of a Client, unless instructions to the contrary given by eligible persons, the Bank addresses the correspondence relating to the estate to the last address communicated by the deceased. The Bank also reserves the right, without incurring any liability, to send the correspondence to one of the duly authorised persons, the notary entrusted with the winding up of the estate, or any other person empowered to represent the interests of duly authorised persons. In such event, the correspondence will be validly sent vis--vis all heirs and duly authorised persons. 22. Professional secrecy Financial and Trade References a. The Bank does not divulge to third parties any information relating to a Clients transactions with the Bank, except with the explicit approval of the Client or in case of legal obligation or legitimate interest. b. The Bank may supply the Client who requests so with nancial and commercial information. Such information is supplied without any liability for the Bank and in exchange for a fee. It is strictly condential and may under no circumstances be disclosed by the Client to third parties. 23. Registration and processing of personal data a. The Belgian branch ofce of the ABN AMRO Bank nv, established at Roderveldlaan 5 b4, 2600 Berchem is the responsible person for the processing of personal data. b. The Client authorises the Bank to process all personal data, all data concerning its professional and private nancial operations, its banking services and transactions for legitimate aims. The Client must inform its representatives, contact persons and guarantors of the fact that the Bank may also register and process their personal data, and the Client vouches that these persons consent to this. The bank processes these data in view of i) the administration of the Banks clientele, ii) the administration of the contractual relationship, iii) the drawing up of statistics and tests, iv) informing the Client on products and services offered by the Bank and v) promotional activities. The Client agrees that these data may be communicated to other companies of the group of which the bank belongs as well as to any other third party contractually bound to the Bank, whether located within or outside the European economic area, for the performance of certain administrative activities related to 1) administration of the Banks clientele,

2) the administration of the contractual relationship (including the management of accounts, payments, transactions with nancial instruments, etc.), 3) the drawing up of statistics and tests, 4) informing the Client on products and services offered by the Bank, 5) promotional activities with respect to products of the Bank or of any other company from the group to which the Bank belongs. These third parties are selected by the Bank in accordance with strict criteria and are contractually bound to discretion and condentiality. c. The Client has a right to access and correction of its data. The Client also has the right to resist free of charges the use of his data for promotional purposes. d. If the Client wants to use its right of examination and/ or correction, or wants to exercise its right of protest, it may send a letter to that effect to the Bank, addressed to ABN AMRO Bank nv, Compliance Ofcer, Roderveldlaan 5 b4, 2600 Berchem, Belgium, with a copy of the front and back of his identity card. e. Information relating to a Client which is a legal entity, may be communicated to third parties in accordance with the provisions of this article. 24. Tariffs, interest rates, taxes and costs a. The tariffs (costs, commissions, provisions) of the services and products served by the Bank as well as the interest rates used by the Bank are brought to the attention of the Client by means of a prospectus, a notice included with statements of account, an ordinary letter or in another way. b. The Bank reserves the right to modify the tariffs and interest rates. These modications are communicated to the Client as soon as possible (for modications of the interest rates) or within a reasonable period prior to their application (for other modications), by letter, by a notice included with statements of account, and/or through electronic communication. If a Client does not agree to the modications with respect to certain products, may cancel these products within a period of 30 days upon notication. The clauses of these Banking Terms regarding termination are applicable. The tariffs and interest rates are available to the Client free of charge from every branch of the Bank. c. Besides these tariffs, the Client bears the costs resulting from measures relating to the Clients assets, including those deposited in a safety-box, taken by the authorities as well as the costs related to seizures, registrations of opposition or reclamations by third parties in relation to these assets, and all legal and extra-legal costs incurred by the Bank (including lawyers fees) for recovering its debt claims from the Client, inclusive of the realisation of guarantees/security and the exercise of recourse. The Client shall also bear all stamp and registration duties, taxes and levies, all taxations legally claimable by the Bank or for a transaction with the Bank. d. Taxes on income paid by the Bank in a debtor or intermediary capacity, are payable by the beneciary of said income. e. The Bank may routinely debit any account of the Client for each amount due owed by the Client, even if such debiting

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would result in an overdraft of the available credit balance on this account or of a granted credit line. 25. Termination of the relationship a. Without prejudice to particular legislation or agreements, both the Bank and the Client may, at any time, terminate the relationship in whole or in part, without justication, provided that a 30 days notice is given by registered mail. In addition, the Bank may elect, without obligation to provide a justication, to limit the scope of services and products it undertakes to perform on behalf of a specic Client or decide to make a certain product or service dependent on special conditions. b. Notwithstanding the above, the Bank may, in the event the Client does not respect its obligations in good faith or does so in such a way that the Banks condence in the Client is threatened, decide to end the relationship immediately by registered letter. These reasons include, without being limited thereto: breach of contract, fraud or gross negligence on the part of the Client, suspicion of insolvency, bankruptcy, seizure, shaken credit, suspicion of fraud, and summons for payment. c. Upon termination of the relationship and without prejudice to the specic provisions with respect to credits, all obligations of the former Client become immediately and automatically due, without any formal notication being required. Any interest habitually applicable in circumstances of indebtedness shall fall due with respect to any negative balance outstanding and all other existent debt. At that time, the Bank will charge the Client its habitual provisions and closing costs for as far as permitted by the law. All means of payment such as transfer forms and bank cards must immediately be returned to the Bank upon termination of the relationship. The assets held by the Bank on behalf of a former Client shall cease to bear interest with respect from the termination of the relationship. d. In the event that, after restitution of all sums due, the former Clients account is in surplus, the Bank will make said surplus available to the former Client in the manner determined by the Bank and at the Clients risk. e. On termination of relations, the Client is enjoined to comply with the Banks suit to post guarantees within three days in respect of forward deals which are in abeyance or where undertakings have been entered into by the Bank on the Clients behalf. Where the Client fails to furnish such guarantees, the Bank is entitled, without further notication and at the Clients expense, to wind up operations on a day it judges appropriate. In such a case, the Bank declines all responsibility. 26. Amendments of the Banking Terms a. The Bank reserves the right to change these Banking Terms or any special agreement of an indenite duration at any time. b. Amendments are brought to the attention of the Client by means of the daily statements or other correspondence from the Bank, and as the case may be through communications displayed in bank premises or by electronic communication. Subject to statutory or regulatory requirements, amendments

are legally binding on all Clients as from the rst day of the second month after that of the notication. The Client who does not agree with the amendments may terminate the relationship with the Bank in accordance with Article 23 of the Banking Terms. 27. Applicable law and jurisdiction a. Except if agreed otherwise, the relationship between the Bank and the Client is governed by Belgian law. b. Claims are introduced before the courts of Antwerp or Brussels it being understood that the Bank is entitled to introduce a claim before any other court that has competence. c. If a provision is contrary to a legal or regulatory provision, this provision must be considered as inapplicable. Such an incompatibility shall not harm the validity of the other provisions of this agreement.

II. PROVISIONS REGARDING ACCOUNTS


28. General Any Client may open accounts with the Bank. Without prejudice to specic regulations relating to certain type of accounts, differentiations in the present Banking Terms or agreements to the contrary, all accounts are subject to the following provisions. 29. The Bank may open joint accounts in the name of several persons. Except insofar as mentioned below, these accounts are subject to the same terms as those applicable to the same type of account. In the absence of explicit agreement and subject to the existence of powers of attorney, signatories to joint accounts shall be entitled to transact via such accounts only when acting collectively; all co-holders of a joint account are jointly and severally liable for all transactions on this account as well as for the reimbursement of any negative balance. The closure of the account shall not end the joint and several liability of the co-holders. In case of disagreement among the co-holders regarding their capacity to contract in respect of the account, the Bank reserves the right to suspend any use thereof until it has been notied in writing that the disagreement has been settled. 30. a. Each account must at all times be in credit. The Bank reserves the right, without liability, to refuse the execution of any instruction, even in case of Title II articles 33 or 34, where insufcient funds are available. b. No temporary derogation, permitted by the Bank, with regard to the requirement to maintain a minimum credit balance on the account or with regard to exceeding the limits of credit facilities granted, shall be construed as conferring a right to waive that requirement per se or sanction its continuance or repetition; on the contrary, the Bank has at

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all times the right to require that an account be restored to balance or that a shortfall be immediately reimbursed. 31. The Client must give the Bank at least a 2 bank working days notice of any withdrawal of funds. 32. The Client may request a receipt for each deposit. Deposits, transfers or issues in favour of the Client by a correspondent of the Bank, are denitely entered on the Clients account at the moment the Bank is physically in possession of the funds transferred by the correspondent, irrespective of any notication received from the correspondent that the transfer has been effected. Unless otherwise requested, deposits, transfers and issues in a foreign currency made in favour of a Client are booked in the account held in that currency. In the absence of such an account and failing instructions from the Client, the amount is converted into euros and booked in the accounts in euros, after deducting exchange charges. 33. Domiciliation Standing orders a. By means of a domiciliation the Client may instruct the Bank to make automatic payment through its account of invoices and debit notes presented to its charge directly sent to the Bank by the beneciaries thereof. Save for domiciliations falling under the Payment Services Law, registration of the domiciliation only becomes effective 5 bank working days after its receipt by the Bank. In the absence of a general domiciliation instruction, the Bank is entitled to assume that the drawee, by accepting the bill in question, has accepted the fact of domiciliation. b. The domiciliation may always be cancelled by the Client, the Bank or the beneciary. Cancellation by the Client becomes effective 5 bank working days after receipt of the cancellation. 34. a. Through a standing order, the Client instructs the Bank to transfer a xed amount on established due dates to another account. Save for standing orders falling under the Payment Services Law, the registration of a permanent order only becomes effective 5 bank working days after its receipt by the Bank. b. A standing order may be modied or cancelled by the Client at the latest 5 bank working days before the due date. The standing order expires automatically with the death of the Client or with the closure of the account to which the standing order is linked. 35. Interest conditions a. On all debit positions, whatever their nature, both in capital and in value date, the Bank may without formal notice being required legally charge a debit interest pro rata temporis and debit the account of the amount of this interest. This interest rate is modied and brought to the Clients attention in the same way as the one dened in Title I article 24.

b. Any partial reimbursement of a negative balance will always and in all circumstances, even during or subsequent to legal proceedings, be applied in the rst instance to defray the charges and then the interests before being applied to reduce principal or capital sums owed. c. As a general rule the Bank closes the Clients accounts on an annual basis to compute interest. This said, the Bank reserves the right to close accounts at any time. Credit interest less than 5 EUR on the date of closure within the meaning of this section, is not attributed. 36. Closure of accounts The Bank is entitled to close in-active accounts (i.e. accounts with a zero balance or a limited positive balance which, as a result of debiting charges will result to a negative balance within the foreseeable future and on which no transactions have been executed in the last 6 months) provided that the Bank did not receive any reaction from the Client within a period of 3 months following a written request to the Client to reactivate the account. Accounts with a balance of less than 25 EUR are wound up; balances of 25 EUR or more are held at the disposal of the Client or its proxy holders for 2 years. 37. Sight deposit accounts a. If the account bears credit interest, the amounts in EUROS or another currency of the EEA, paid or transferred to sight deposit accounts, shall in principle bear interest as of the bank working day on which the Bank receives the funds. Sight deposit accounts in a foreign currency, other than the currencies of the EEA, shall not bear interest. b. Except in the event of an express provision to the contrary all accounts, except for savings accounts, shall bear debit interest. c. The debit and credit interest, the conditions and the value date are stated in the Payment Services Information Sheet. d. The Bank and the Client may close any sight deposit account by registered letter subject to a notice period of 30 days. 38. Term deposits and saving accounts Fixed term accounts can be opened at any time and are for such duration as is determined by contract on opening of the account. 39. a. Amounts credited to the account bear interest with effect from the second bank working day after the deposit or transfer of the relevant sums to this account. b. Interest deriving from xed term accounts is notied to the Client and credited to a sight deposit account at maturity or where the contractual term of the account is longer than one year, annually.

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40. Fixed term deposits are accepted above and beyond minimum amounts determined by the Bank, said minima being subject to modication. Where the balance on account falls below the minimum requirement as established by the Bank, the latter reserves the right to convert the account into a sight deposit account. 41. In the absence of explicit written instructions to the contrary in possession of the Bank no later than two bank working days before the mature date, xed term deposits will be automatically extended for a further period equal in length to that of the original period and are subject to the conditions which obtain on the date of continuance. 41. bis 1 A savings account is an account in Euros from which withdrawals may be made directly or through the sight deposit account for the repayment in cash or for the transfer (except for standing orders) to another account in the name of the Client or to the savings of the spouse or family member up to the second degree of relationship at the Bank for the payment of loans or credit that the Bank has granted to the Client or for the payment of insurance premiums and the costs of the savings account, the purchase or subscription to securities and the custody charges for them. The Client and the Bank may close any savings account at any time by registered letter to the other party subject to a notice period of 30 days. 42. Prenotication accounts The Bank maintains xed term accounts with a contractually pre-established notice period. Other than the particular stipulations enumerated in the following, prenotication accounts are governed by the same provisions applying to term deposits generally. 43. Payments into prenotication accounts may be effected at any time. Withdrawals must be notied to the Bank in writing with a prenotication period equal to the lifetime of the prenotication period. 44. Prenotication is operative from the time the Bank receives the notication of withdrawal. The amounts to which prenotication of withdrawal applies are transferred on the due date to a sight deposit account. 45. Accounts in foreign currency The Bank operates foreign currency accounts in accordance with terms and conditions established on a case-by-case basis.

46. All transactions and assets in a foreign currency account are statutorily subject to Belgian Exchange Control provisions and to all other legal and regulatory provisions, including those of a scal, legal or regulatory nature required in Belgium and in the foreign jurisdiction. 47. a. Foreign currency deposits made by a Client at the Bank constitute part of the Banks assets at the level of its correspondent banks in the jurisdiction of the foreign currency in question. Consequently, all provisions of a scal or other nature attaching to that currency in its jurisdiction of origin, as well as all measures taken by the authorities in that country automatically apply right to the abovementioned assets. The Bank declines any and all liability for the ensuing consequences (including limitations on the availability of the assets). b. Due to delays that may occur in the transmission of reports sent by the Banks correspondents, the Bank reserves the right to apply retroactively adjustment to the Client in the light of events referred to in point a., including adjustment for interest rates. 48. Subject to limitations imposed by the Belgian or foreign monetary authorities, the Bank is free to reimburse assets in foreign currency either by cheque, payable in the foreign jurisdiction in question, or by transfer to any other account designated by the Client and maintained in the same currency. Reimbursement in foreign cash is not possible.

III. PROVISIONS IN RESPECT OF CREDIT


49. The Bank provides credit facilities to its clientele in a variety of forms, e.g., overdraft, promissory credits, discount of commercial paper (client & supplier), acceptance credit, investment credit, guarantees, documentary credit, loans and so on. Specic terms and conditions attach to each form of credit agreed by the Bank, in addition and without prejudice to the particular provisions as set out elsewhere in the present Banking Terms.

IV. COLLECTION
50. General provisions a. Foreign collection services (cheques, bills of exchange, promissory notes, receipts) provided by the Bank are in accordance with the provisions set out in the Uniform Customs and Practice with respect to collection as published by the Paris-based International Chamber of Commerce, to the extent that said provisions do not conict with the Banking Terms or other terms in force at the Bank. The Client attests to his familiarity with the aforementioned Uniform Rules, a copy of which may be consulted on request at each branch of the Bank.

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Saving accounts are not part of the services offered by Business Unit International Diamond & Jewelry Group Belgium

b. Collection charges fees and the effective date from which sums recovered bear interest are determined on the basis of a tariff scale which may be consulted on request. Where a paper is redeemed prior to being presented, the commission due on encashment remains the property of the Bank. 51. At the Clients risk and without assuming any liability, the Bank reserves the right to regularise paper presented for collection. 52. The bank declines all liability with respect to verifying the authenticity or validity of signatures and references appearing on documents presented for collection. Neither the Bank nor its correspondents is bound to observe the legal formalities and due dates to preserve the rights which are attached to paper presented for collection: accordingly, the Bank declines any responsibility for any non-compliance with legally prescribed dates for presentation for acceptance and/or payment, for notication of protest, for notication of non-acceptance or non-payment, or for completion of equivalent formalities abroad. This waiver relates particularly but not exclusively to the following: cheques; cheques and drafts payable in locations where there is neither a post ofce nor a process-server; drafts payable in locations where they are lodged with a banking establishment and where the time allowed for presentation is less than six business days or which have less than six business days to run at the time of presentation; drafts payable in other locations in the country where the time allowed for presentation is less than 8 business days or which have less than 8 business days to run at the time of presentation; foreign drafts presented late; drafts for which the due date has been carried forward; and drafts containing information which is erroneous, imprecise, incomplete or modied. 53. The Bank shall forward drafts and documents to its correspondent with a view to their being collected on behalf of the Client and at the Clients risk. The Bank declines any responsibility for erroneous interpretation of the instructions on the part of the correspondent and, where appropriate, for any cessation of payment that may ensue as a result thereof. 54. Discounting a. In principle, the Bank is required to pay the net proceeds of collection only on completion. This said, the Bank may provisionally credit the Clients account upon receipt of notice of collection from its correspondent. Should the transaction fail to complete, however, the Bank is empowered, without further notice, to debit the Clients account in the unpaid amount due. This procedure in no way impedes the Banks legal entitlement to retain unpaid drafts as surety and to use to its advantages all rights attaching thereto. b. The Bank reserves the right to accept in payment of the drafts remitted to it for collection, cheques or other means of payment signed by the drawee of said drafts. In such instances, the Bank may remit said instruments to the drawee without assuming any responsibility should some or all the cheques received or other means of payment be dishonoured.

c. Negotiable instruments denominated in foreign currency for credit in euro shall be converted at optimal prevalent rates of exchange. 55. Collection of negotiable instruments payable abroad takes place at the Clients risk. The Bank declines all responsibility in this respect for restrictions or regulations which might be introduced by the Belgian Government or its foreign counterparts. In certain jurisdictions, legal requirements accord drawees and beneciaries of cheques and drafts the right over a period of several years to demand reimbursement in situations where, subsequent to payment, the authenticity of one or other of the signatures is contested or where part of the cheque or draft has been forged. The drawer is required in writing by the Bank to reimburse without further delay all cheques and drafts which are returned to the Bank for such reasons ; at the same time, the Bank reserves the right in such instances to debit the assignors account automatically and without notice. 56. Documentary Collection The Bank assumes responsibility for the collection of all documents (including bills of lading, insurance policies, invoices) whether or not accompanied by negotiable instruments to be submitted for payment, acceptance, trust receipt or other commitments. 57. The Bank is not liable for the form, regularity or reality of the documents or the authenticity of the signatures stated on the documents accepted by it for payment, the quantity, weight, capacity, state, packaging or value of the goods represented by the documents, the conditions of the insurance policy or the solvency of the insurers. The Bank is also not liable for the actions of third parties who intervene in the payment operations such as the postal services or other transport companies, unless the choice of this third party constitutes serious misconduct or fraud on the part of the Bank. 57.bis. The Client guarantees to the Bank the authenticity and regularity of the signatures stated on the nancial documents and releases the Bank from any liability in the event of redress by third parties on the grounds of generally accepted practices or on the grounds of legal provisions, and this for a period of indenite duration. The Bank is entitled to debit the account of the Client for the amount of the nancial documents returned. 58. In the absence of specic provision to the contrary, the Bank shall not be identied as the consignee. 59. The Bank assumes no responsibility in the event of absent or imprecise instructions as regards delivery of documents, insurance, shipping, warehousing, and so on.

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60. To the extent that no provision to the contrary is made by virtue of the present Banking Terms, documentary collection is subject overall to the Uniform Rules pertaining to collection as set out by the Paris-based International Chamber of Commerce, the text of which can be consulted on request or consulted at each branch of the Bank.

at Roderveldlaan 5 b4, 2600 Berchem, registered in Antwerpen with the Register for Legal Entities under no. BE 0819.210.332; b) Advice: the provision of personal recommendations to the Client, either upon the Clients request or at the initiative of ABN AMRO, in respect to one or more transactions related to Securities; c) Investment Channel: the total of (i) the balance in the Cash Account, plus (ii) the possible agreed credit limit in the Cash Account minus (iii) the cover for margin requirements and reservations in the Cash Account (for instance for current securities orders or payment orders already entered); d) Spending Limit: the channel through which the Client communicates with ABN AMRO, especially for placing orders, whereby a distinction is made between placing orders via an advisor (advisory channel) or independently without an advisor (execution only); e) Stock Exchange: any trade platform on which trading can be effected via ABN AMRO; f) CBFA: the Belgian Banking, Finance and Insurance Commission with ofces at Congresstraat 12-14, 1000 Brussels; g) Securities: all nancial instruments in which the Client can invest via ABN AMRO; h) Securities Services: all services offered and provided by ABN AMRO for the execution, by itself or third parties, of securities transactions on the instruction and for the account of the Client (a.o., without being limited to, subscription to Securities, collection of coupons and reimbursable Securities, conversion of convertible bonds, regularisation of Securities, etc.); i) Securities Portfolio: the total of the Securities held in custody for the Client via ABN AMRO; j) Securities Account: the account on which the Securities, that the Client acquires as a result of performing securities transactions or as a result of events in respect of these Securities, are administered k) Money Account: the cash account maintained by the Client at ABN AMRO to which the Securities transactions are debited or credited; l) Information Sheet: a document containing important information for Clients, namely the description of risks associated with various types of Securities; m) Agreement: the agreement concluded with the Client to which the Conditions are applicable; n) Conditions: these ABN AMRO Investment Services Conditions, as well as the Information Sheet and the Policy ABN AMRO with regard to order execution; o) Working Day: each day that the ofces of ABN AMRO are open to the public.

V. PROVISIONS WITH RESPECT TO SECURITIES


61. With regard to the Securities Services, the ABN AMRO Securities Services Terms apply: they are supplemented by the Banking Terms insofar these do not depart from the Securities Services Terms.

VI. PROVISIONS WITH RESPECT TO DIAMOND TRADING


62. The Bank stands rmly behind all United Nations Resolutions, other international regulations and recommendations as well as measures of governments and the industry to prevent and stop illegal trading, illegal nancing and any other form of illegal assistance (both direct and indirect) in diamonds. Banking services will be limited to diamond transactions approved and monitored by the competent authorities according to the applicable (as amended from time to time) international, supranational, national and professional regulations, restrictions and recommendations. The Client declares to adhere to the above policy of the Bank and consequently represents that it will not enter into transactions involving diamonds that it knows or should know are of illicit origin. All banking services, including debit and credit movements passing through the account(s) with the Bank shall be related to transactions complying with the specic regulation governing diamonds trading. The Bank reserves its rights to take all necessary measures including, without limitation and at the Banks discretion, with immediate effect its relation in case a transaction is presumably of illegal origin. In no event the Bank can be held liable for costs, damages or losses in relation with refusing, reviewing, revoking or cancelling any transaction non-complying with specic regulation governing diamonds trading.

VII: INVESTMENT SERVICES CONDITIONS ABN AMRO 2


1. Denitions: a) ABN AMRO: ABN AMRO Bank nv, with its registered ofce in Amsterdam, Gustav Mahlerlaan 10, 1082 PP Amsterdam, acting through its Belgian branch with head ofce

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Investment services are not part of the services offered by Business Unit International Diamond & Jewelry Group Belgium.

2 Scope 2.1 The Investment Services Conditions apply to all relationships arising from the Investment Services between the Client and the branches of ABN AMRO in Belgium, unless certain parts of the conditions are set aside by other applicable conditions. 2.2 In addition to the Investment Services Conditions, the relations between the Client and the branches of ABN AMRO in Belgium are also subject to the General Banking Terms of ABN AMRO in so far the Investment Services Conditions do not deviate from the General Banking Terms. 3 Other applicable conditions 3.1 Investments in options are subject to the conclusion of a specic agreement in respect to such investments, covering a.o. margin obligations. 3.2 In other cases than referred to in the previous subsection of this article, ABN AMRO could also determine that in addition to, and in deviation from, these Investment Services Conditions, other conditions or provisions apply to the legal relationship between ABN AMRO and the Client, depending on the type of Investment Service, the chosen Investment Channel or the type of Security. 3.3 Buying and selling orders for Securities are subject not only to the conditions set by ABN AMRO but also to the applicable Stock Exchange regulations, conditions and rules. 4 Client categorisation 4.1 A Client is classied by ABN AMRO as non-professional, professional or as eligible counterparty. The classication of the Client is decisive for the level of client protection the Client is entitled to. 4.2 At the start of the Investment Services, ABN AMRO will attribute to the Client a classication and will inform the Client thereof. A Client may request a different categorisation than originally attributed. ABN AMRO is not obliged to honour such a request. ABN AMRO can subject the granting of the request to conditions. Such a change of categorisation may entail that the Client loses the benet of certain protection measures that otherwise would have applied to him. 4.3 The Client undertakes to immediately report in writing all information that leads to a change in his categorisation to ABN AMRO. 5 Investment Prole 5.1 Depending on the type of Investment Services and the chosen Investment Channel, ABN AMRO obtains information from the Client regarding his nancial position, knowledge, experience, investment objective and preferences regarding risk taking for the benet of establishing and recording the investment prole of the Client. The Client undertakes to provide this information completely and with sufcient detail to ABN AMRO upon entering into the Agreement. 5.2 In case of any changes to the information referred to

in the rst subsection, the Client undertakes to report this to ABN AMRO as soon as possible in writing or electronically. The Client is deemed to be aware of the fact that the incorrect or incomplete provision of this information to ABN AMRO could lead to ABN AMRO not being able to provide optimal Investment Services to the Client. Moreover, in the event of incorrect or incomplete information occurring, the Bank shall be entitled to deny the Client access to all or certain services of its Securities Services 5.3 ABN AMRO may rely on the information provided by the Client orally or in writing with regard to the investment prole without any reservation, and will not be obliged to verify the correctness of the information provided to it, or to check it in terms of current developments during the provision of the Investment Services to the Client. 6 Execution only 6.1 If or in so far as the Client makes use of direct channels for placing orders for Securities, the service provided in all cases consists of an execution only service. Orders that are given via these direct channels, are deemed to have been executed at the initiative of the Client and not further to the Advice of ABN AMRO. 6.2 In order to allow ABN AMRO to assess whether the service and a certain securities order that is given via a direct channel, is appropriate for the Client, the Client is obliged, prior upon entering the execution only service, to provide ABN AMRO with information regarding his knowledge and experience with regard to this service and the specic Securities, which are invested in via the execution only service. It is expressly pointed out to the Client that if ABN AMRO does not (completely) receive this information from the Client, ABN AMRO is not capable to assess whether this service or the specic Securities are appropriate for the Client. ABN AMRO will not review the appropriateness based on the knowledge and experience of orders given via the direct channels if these relate to (a) shares admitted to trading on a regulated market or in an equivalent market in a state that is not member of the European Economic Area, (b) money market instruments (these are short-term debt instruments such as deposits), (c) bonds or other forms of securities debt, insofar as it does not concern convertible bonds or convertible debt instruments, and (d) rights of participation in an institution for collective investments in securities (so-called ICBs) , and other openended investment institutions or other Securities as are published on the website of ABN AMRO. The Client is aware of the fact that ABN AMRO will not in any way issue any warning for the risks of these investments for its specic Securities Portfolio. 6.3 Contrary to the contents of the second subsection of this article, ABN AMRO, in the execution of the order via the execution only service, and with the exception of reviewing whether there is sufcient Investment Margin, is not obliged to review the order in any other way, including the nancial position or the investment objective of the Client. 7 Advisory relationship Only if a further written agreement has been concluded with the Client, ABN AMRO will provide Advice to the Client.

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8 Portfolio Management Only if a further written agreement has been concluded with the Client, ABN AMRO will provide portfolio management to the Securities Account of the Client. 9 Investment Information 9.1 Advice, general opinions and other investment information shall never form a guarantee for a specic investment result. Moreover, these factors are determined by the circumstances of the moment at which they are given, and therefore only have a temporary validity. 9.2 If, in drawing up the Advice, general opinions and other investment information, ABN AMRO makes use of information of third parties, then ABN AMRO is not liable for the incorrectness or incompleteness of such information. 9.3 The Client always decides for himself whether he makes use of the Advice (if an agreement in the sense of Title VII article 8 has been concluded), general opinions and other investment information provided by ABN AMRO. 10 Risks and general liability 10.1 The Information Sheet provides, among other things, explanations of the characteristics of the various types of Securities and Investment Services and the risks involved in that. For descriptions of characteristics and risks of the specic Securities, reference is also made to the specic product descriptions and the information that is compulsory by law, including the specic (simplied) prospectus and the nancial information leaet. The Client undertakes to examine the above-mentioned information prior to the purchasing of Securities. The Bank is not liable for the content of prospectuses and the nancial information leaets drawn up by third parties. 10.2 The execution of orders for Securities placed by the Client and subsequent settlement by ABN AMRO are always effected for the account and risk of the Client, even if ABN AMRO contracts in its own name. 10.3 If the Agreement is concluded on behalf of the Client by various legal entities or persons, then each of these entities or persons is jointly and severally liable in respect of ABN AMRO for the fullment of the obligations arising from the Investment Services. 10.4 ABN AMRO will be liable in respect of the Client for the non-execution or incorrect execution of an order that is correctly received by ABN AMRO, if the incorrect execution of the order can be attributed to a shortcoming of ABN AMRO. 10.5 ABN AMRO is not liable for damage on the part of a Client further to measures imposed by external parties, such as, among other things, a change in the laws or regulations, a direction of a regulatory authority or a regulation of a Stock Exchange. 11 Termination of service with respect to certain Securities and specic types of Investment Services 11.1 ABN AMRO can decide at any time to terminate its

service as an intermediary in relation to Securities trading on a certain Stock Exchange, or the trade in certain (types of) Securities. ABN AMRO may furthermore decide at any time to terminate certain types of Investment Services. 11.2 ABN AMRO informs the Client of such a decision in advance without being obliged to give the reason for it. If it has decided to terminate the trade in Securities on a certain Stock Exchange or the trade in certain (types of) Securities, ABN AMRO will give the Client a certain period of time within which the specic Securities can be transferred to another institution or can be sold. This period of time starts on the rst Working Day following the date of the letter through which the notication is effected, and shall be no less than ten Working Days. After the indicated time period, ABN AMRO is entitled to sell the (remaining) Securities in respect of which ABN AMRO terminates its service provision, for the account of the Client and to credit the proceeds thereof to the Cash Account of the Client without being obliged to provide any further notication or consultation. 12 Placement of orders 12.1 If the Agreement is entered into by various legal entities or persons, then each of them is entitled to place orders with ABN AMRO in the context of the Investment Services. 12.2 Before the Client places an order, he is obliged to obtain information regarding the Security in which he wishes to trade, in particular regarding the relevant company, the Stock Exchange where the trade takes place and trading in the Security itself. 12.3 ABN AMRO can impose conditions to specic orders, such as the Client giving a price limit and/or a time limit. 12.4 Without prejudice to Title I article 10.c. and 15.c. of the General Banking Terms, ABN AMRO may accept orders placed by telephone on the understanding that they will be conditional upon same-day written conformation; the Client bears the risks related to orders placed by telephone. ABN AMRO is authorised to record telephone conversations with the Client, especially those concerning the placement of orders, on sound recording media. However, ABN AMRO is not in principle obliged to do so. It is neither obliged to separately inform the Client of when it records a telephone conversation on a sound recording medium. 12.5 If the Client wishes an order to be presented to a Stock Exchange for execution on a specic date, then he must explicitly agree upon this with ABN AMRO. 12.6 The Client will ensure that from the moment he places a purchase order, there is sufcient Spending Limit for the integral execution of his order. 12.7 Where an order that has not yet been executed, is modied or conrmed, without it being explicitly and unambiguously stated that it is a modication or a conrmation, then such instruction will be considered as a new order which has to be added to the rst one. 12.8 A Client who places an order, simultaneously authorises ABN AMRO to divulge its identity and other information

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related to it both to the competent market authority and to other supervising authorities. 12.9 The Bank holds the Securities and acts for the execution of orders as a nominee, except explicit request from the Client to be registered directly in the register of participants of the collective investment fund. The Client is entitled to ask the Bank at all times not to act as a nominee, but to have the Securities registered in his name. The Client is also at all times entitled to request the Bank to act as a nominee. The Bank is entitled to charge costs for the conversion from nominee to direct registration and the other way round. 13 The approval of orders by ABN AMRO 13.1 ABN AMRO approves an order if the Spending Limit of the Client is sufcient for the integral execution of the order. The Client accepts that, in order to cover the execution of an order, ABN AMRO debits its account or transfers Securities from its Securities Portfolio up to the cover imposed by legal, regulatory and contractual provisions. ABN AMRO reserves the right to require additional security or additional payment. 13.2 If the Spending Limit does not allow the integral execution of the order, then ABN AMRO may decide not to pass the order on to the Stock Exchange for partial execution. 13.3 From the point when it approves an order until the resulting transaction has been effectuated, ABN AMRO may freeze the Clients Cash Account for the total expected payable amount (in case of a buy order) or for the Securities involved (in case of a sell order) until the transaction has been settled. In case of a buy order when the Client has as securities-debt credit, ABN AMRO will take also into account the Securities Collateral resulting from the order as well as the credit limits the order entails. 13.4 ABN AMRO reserves the right to delay execution of sale orders until such time as the Securities have been lodged with ABN AMRO. Payable coupons must no longer be attached to the Securities; coupons which are not yet payable must be attached to them. ABN AMRO reserves the right to repurchase at the expense and risk of the Client Securities that are the object of a sale order given and that were not delivered on time or were otherwise improperly delivered. ABN AMRO further reserves the right only to execute such orders as it is materially possible to transmit them on time to the correspondent. 13.5 In the absence of instructions to the contrary received in time and providing that the Spending Limit is sufcient, ABN AMRO is entitled to debit the Cash Account for amounts due in respect of Securities to which the Client has subscribed. 14 Order Execution 14.1 Where ABN AMRO executes orders on behalf of Clients or passing on orders to third parties, ABN AMRO will act in accordance with its order execution policy that applies to this Agreement. 14.2 Securities orders passed on by ABN AMRO to a Stock Exchange for execution, which have not been placed by the Client as a day order, remain valid until the last stock exchange day of the month following the month in which the order was

placed. 14.3 The Client agrees that ABN AMRO may combine orders with those of other clients, in which case orders will not be offered directly to the Stock Exchange for execution. ABN AMRO will only use this authority if it is improbable that the combining of orders will be to the detriment of the Client. However, it cannot be excluded that the combining of orders may be to the disadvantage of the Client in specic cases. If ABN AMRO is not able to fully execute the combined orders, then the specic Securities will be allocated prorated to the size of the original orders. All allocations of orders by ABN AMRO will be effected at the average price of the executed part of the combined orders. 15 Conrmation and execution of orders difference between the order and its execution 15.1 Unless an order is executed on the same day as it is offered to the Stock Exchange, the Clients will receive order conrmations for each approved order. 15.2 After the execution of an order has become nal according to the Stock Exchange (rule), in most cases no later than the rst Working Day after execution or if ABN AMRO receives a conrmation from a third party, no later than the rst Working Day after receipt of said conrmation from the third party, ABN AMRO sends the Clients a securities contract note, either in writing or electronically, containing information regarding the execution and the amounts due and payable as a consequence. If an order is executed through several transactions on the same day, the conrmation of the execution of the order will mention the time of execution of the last transaction. 15.3 Any information regarding the execution of an order and the amounts due and payable as a consequence, in so far as ABN AMRO provides these in another manner than through a securities contract note, which is provided during the period commencing immediately from the moment the order is given by the Client until two hours after the moment at which the execution according to the specic stock exchange (rule) has become nal and conclusive, shall always be conditional. 15.4 If the Client has not disputed the contents of the periodical overviews, account statements, order conrmations, securities contract notes or other statements provided by ABN AMRO, either on paper or via electronic channels, such within one week after the statements are reasonably deemed to have reached him, the contents of the statements are deemed approved by the Client. 16 Settlement of transactions 16.1 In the context of an executed order, ABN AMRO will only credit or debit the Securities Account of the Client with the purchased or sold Securities with the simultaneous debiting or crediting of the Cash Account of the Client by the amount due or the amount receivable. 16.2 The transfer of Securities depends on the settlement period applicable at the specic Stock Exchange and can take some time. This applies both to buy and sell transactions. 16.3 If the Client asks for material delivery of Securities, it

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undertakes to collect the Securities within 3 months of written notication that they are available. Thereafter, ABN AMRO will transfer the Securities on behalf and at the costs of the Client in the Securities Portfolio; if the Client has no Securities Portfolio, ABN AMRO will open, at its discretion, a Securities Portfolio in the name of the Client. This paragraph also applies to Securities that were handed in by the Client due for sale whereby the sale cannot take place; above-mentioned term of 3 months commences as of the date of notication that the sale could not be carried out. 17 Subscription to Securities The contents of the Investment Services Conditions regarding the purchase of Securities or, respectively, the (settlement of the) orders in that context, shall apply accordingly, to the extent possible, to the issuance of Securities. 18 Restitution The Client can consult at ABN AMRO a bulletin which lists blocked Securities, i.e. where payment has been stopped. The Client assumes all responsibility that may arise from the deposit or negotiation of protested Securities or valuables or certicates that are no longer valid. The Client must indemnify ABN AMRO, at the latters rst request, for all damages incurred by ABN AMRO as a result of any transaction in relation to such Securities or valuables. ABN AMRO is entitled to debit the accounts of the Client for the full amount of the equivalent value plus such additional damage without any notice being required. Extrajudicial stopping of payments in respect of instruments is not permitted. 19 Custody of Securities 19.1 On depositing securities, the Client receives a receipt with the identication of the securities given in custody. 19.2 In the absence of instructions to the contrary, the securities held on behalf of the Client are governed by the system of fungeability in accordance with the Royal Decree Nr 62 of 10 November 1967. Consequently, ABN AMRO is not required to effect any numbering and must only restitute Securities of the same type and value. In the case of a draw, ABN AMRO will effect the distribution among the depositors of the nancial instrument involved with due diligence. 19.3 The Client is under an obligation to communicate instructions to ABN AMRO in sufcient time to permit the latter to perform the required services in respect of Securities deposited. Where no such specic instructions are communicated, ABN AMRO will take all reasonable and usual steps to perform in the Clients best interests, notably with respect to clipping coupons, collection of interest and dividends, redemption, capital or capital appreciation of the deposited Securities; in such a case, ABN AMRO cannot be held liable for late or non-execution of the rights attached to the concerned Securities. ABN AMRO credits the account designated by the Client with the amounts to be collected, after deduction of charges and costs, and where applicable, after deduction of withholding tax. The Client may give other instructions to the Bank which will only accept these instructions insofar as they fully correspond to the relevant circulars of the CBFA. Crediting is subject to the physical collection on the account; In the event

that collection cannot be effected, ABN AMRO shall be entitled, without notice being served to that effect, to operate a routine debit on the Clients account to the amount by which it was previously credited together with such costs and exchange rate adjustments as apply. ABN AMRO is not liable for the consequences to the settlement of collection of coupons and reimburseable Securities effected abroad as a result of present or future limitations, if any, in respect of exchange control and export of capital. 19.4 A safe custody fee is due for the custody of the Securities entrusted to ABN AMRO; the tariffs of such fee are available for consultation at each branch of ABN AMRO and can be obtained on request. The safe custody fee together with costs and taxes and charges as apply, is calculated on a semester basis and is payable at the end of each semester. These charges are not refundable either in part or in whole, irrespective of whether or not some of the Securities deposited for safekeeping are withdrawn in the course of the year. 19.5 ABN AMRO is routinely empowered to debit the Clients account in respect of safe custody fees due. If a Securities Portfolio is registered in the name of several persons, each of these persons is individually responsible to ABN AMRO for payment of the entire safe custody fee outstanding. 19.6 In the absence of instructions to the contrary, all instructions relating to a Securities deposit held in the name of several persons must be communicated to ABN AMRO by all the persons concerned, acting in concert. 19.7 Where usufructuary rights attach to a Security on deposit, the deposit in question is registered to both the outright owner and the usufructuary, i.e., beneciary. ABN AMRO reserves the right to secure prior agreement between or joint instruction from the outright owner and usufructuary before executing any transaction relating to a Security on deposit which is jointly held by an outright owner and a usufructuary. Without prejudice to this article 19.7, the beneciarys account is credited with periodic income from the Securities on deposit (principally dividends and interest) and debited for charges arising (principally custodial fees, handling and management fees, and correspondence fees). The beneciary has free use of the funds credited to its account. Without prejudice to this article 19.7 supra and the rights of the beneciary, the account of the outright owner is credited in respect of capital or capital appreciation represented by the Securities deposited (principally the amount of reimbursable Securities, the shares, premiums, or distributions from reserves or capital) and debited in respect of disbursements relating to new securities purchases, brokers fees and standard stock exchange transaction levies. 20 Engaging third parties and custody of Securities by third parties 20.1 ABN AMRO may engage third parties for, among other things, providing Securities in the custody of third parties and acquiring rights in respect of the Securities through the intervention of third parties. ABN AMRO will, in principle, ensure the choice of the third parties and it will only be liable for shortcomings of third parties if it has failed to observe the necessary care and alertness in selecting said third parties. 20.2 If Securities of the Clients are kept in custody at a third

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party via its Securities depositories, ABN AMRO shall not be liable for the acts or omissions of this third party or for any other loss or damage to the Securities of the Client, unless said loss or damage is attributable to ABN AMRO in the selection of this third party. The Client is aware of the possibility that in case of the non-fullment by or the bankruptcy of a third party, he may not be able to regain (all) his Securities. 20.3 If ABN AMRO has given Securities in safe custody to a third party, then this third party may keep the Securities of the Client via an omnibus account, containing the Securities of several ABN AMRO Clients. In this context, an omnibus account is taken to mean a combined account kept at a third party in the name of one of the Custodian companies of ABN AMRO. The Client is aware of the possibility that in case of nonfullment or bankruptcy of a third party, or if shortages arise in such an omnibus account, he may not be able to regain (all) his Securities. 20.4 It may occur that under the national laws applicable to a third party where Securities of the Clients are held, it is not possible to distinguish Securities of the Client from Securities that this third party holds for itself or for ABN AMRO. The Client is aware that in case of non-fullment or bankruptcy of said third party, or if there are shortages to full all claims, he may not be able to regain (all) his Securities. 20.5 The Client is aware of the fact that, if Securities or funds are kept in custody by a third party outside the European Economic Area, in case of non-fullment or bankruptcy of said third party, his rights attached to these Securities or funds may differ from the custody of Securities in a state within the European Economic Area. 21 Activities that are part of administration

22.2 Subject to the contents of the third subsection, ABN AMRO will keep the Client informed about relevant events that affect the Securities in his Securities Portfolio, such with the exception of meetings of shareholders. The foregoing only applies insofar as the events are mentioned in advertisements published by the issuer of Securities aimed at the holders of the specic Securities and these advertisements have been published in the journal prescribed by the Stock Exchange where the Securities are traded, or, failing which, in the journal that is normally used for this purpose. 22.3 In respect of Securities that are kept in custody by the third parties referred to in Title VII article 20, the contents of the second subsection shall only apply insofar as ABN AMRO has been informed in this matter by said third party. 23 Costs and associated charges 23.1 The costs and/or associated charges which ABN AMRO charges the Client in the context of the Investment Services can be found in the brochures about costs and charges published by ABN AMRO. Furthermore, the current costs and associated charges can always be requested at ABN AMRO. 23.2 ABN AMRO reserves the right to change the costs and associated charges referred to in the rst subsection of this article at all times. Each time when the costs and charges are changed, ABN AMRO will send a notication directly to the Client which will indicate that the costs and charges will be changed. 23.3 ABN AMRO is authorised to debit from the Cash Account of the Client all amounts which it has to claim from the Client in the context of costs, taxes and/or commissions within the meaning of this article. 24 Additional reporting obligations

21.1 The activities in relation to the administration carried out by ABN AMRO, insofar ABN AMRO is responsible for this administration, include, among other things, insofar as necessary and within the power of ABN AMRO, the collection or receiving of interest, repayments and dividends, the exercising or conversion into cash of claim rights, the acquisition of new coupon or dividend sheets, the conducting of conversion acts, the deposit of Securities for meetings, and the remitting of amounts received by ABN AMRO (reduced by possible costs and after deduction of any tax due) to the Client. 21.2 If third parties within the meaning of Title VII article 20 are responsible for the activities referred to in the rst subsection, this does not alter the obligation of ABN AMRO to remit to the Client the amounts it receives from third parties in respect of interest, repayment, dividend or by any other virtue for the benet of the Client. 21.3 ABN AMRO no longer assumes responsibility for management of Securities that have been called out but not collected. 22 Instructions in relation to the administration 22.1 Insofar as instructions of the Client are necessary in the context of the administration of the Securities Portfolio, the Client always gives these instructions to ABN AMRO, regardless of who is responsible for the administration.

At least once a year, ABN AMRO provides the Client with an overview of the Securities Portfolio, either in writing or electronic. 25 Restitution Withdrawal of securities deposited is subject to three days notice. ABN AMRO must restitute the securities within a reasonable time after the request for restitution without prejudice however to Title I article 18 of the General Banking Terms. No restitution is due in the event of force majeure. 26 List Verication Physical delivery of Securities occurs in so far as permitted by law. At the Clients request and against a fee, ABN AMRO will proceed to verify lists of securities which are not on deposit at ABN AMRO on the basis of a list of such securities drawn up by the Client on its own recognisance. In the event of the Client requiring ABN AMRO to proceed with list verication, ABN AMRO reserves the right to suspend until the following business day an instruction to sell the securities concerned. 27 Conicts of interest 27.1 ABN AMRO has taken measures to warrant an independent performance from the business unit that provides

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the Investment Services. Based on these measures, any non-public, price-sensitive information that may be known within ABN AMRO by any other virtue, will not be used in the Investment Services to the Client. If a conict of interest turns out to be inevitable, ABN AMRO will immediately inform the Client thereof in writing or via electronic channels, stating the details that should allow the Client to take an informed decision regarding the Investment Services in respect of which the conict of interest occurs. 27.2 In the context of the Investment Services provided by ABN AMRO, it may occur that ABN AMRO pays or receives fees or commissions to or from third parties, or obtains nonmonetary benets. The Client will not be able to claim any of the compensations that ABN AMRO receives from third parties. A summary of the essential terms of such arrangements will be provided by ABN AMRO insofar as applicable. If the Client likes to receive this summary, he should send ABN AMRO a request for that, after which ABN AMRO shall provide him with a summary. Furthermore, upon written request, ABN AMRO will provide the Client with further details. 28 Consent of the Client for electronic provision of information 28.1 The Client agrees that ABN AMRO sends the Client personal information, including periodical overviews, account statements, order conrmations, securities contract notes, or other personal statements, instead of by mail (in paper form) on another durable medium, such as electronic channels, Internet Banking or e-mail. The Client undertakes to consult the statements received electronically at least once a week, to view them and possibly store them. 28.2 The Client agrees that ABN AMRO can provide nonpersonal information to the Client in respect of its Investment Services via the website www.abnamro.be. ABN AMRO ensures that the information is current and, as long as it is of importance to its clients, available via its website. 28.3 ABN AMRO will only use the authority referred to in the previous sub clauses if this ts within the context in which ABN AMRO conducts business with the Client. In deviation of the previous subsections of this article, ABN AMRO will provide the aforementioned information in writing at the request of the Client, if the Client does not have regular access to the Internet or to other electronic channels. 29 Breach of mandatory regulations ABN AMRO is authorised to terminate Securities positions on behalf of the Client if the continuation of such position would lead to any breach of mandatory regulations. 30 Transfer of Securities to another institution 30.1 ABN AMRO will not honour a request for the transfer of Securities to another institution until the Client has fullled all obligations arising from the Investment Services in respect of ABN AMRO. Nor may the Client have any other obligations in respect of ABN AMRO that stand in the way of this. 30.2 If the Securities to be transferred contain any options or other nancial instruments that could lead to obligations, ABN

AMRO must moreover have received the written approval with the transfer of the other institution. 30.3 Should the Client have requested that Securities be transferred to another nancial institution but the actual transfer has not yet been effectuated, it may in some cases remain possible for the Client to make use of the Investment Services. However, such use will be restricted exclusively to sell and close transactions. 30.4 The transfer of Securities, within the meaning of the rst subsection of this article, may not be construed as an indemnication by ABN AMRO in respect of the Client. 31 Termination of the Investment Services and limitation 31.1 This article shall also apply if the entire banking relationship which this Agreement is part of, is terminated pursuant to another provision, such as article 23 of the General Conditions van ABN AMRO. 31.2 From the moment of termination of the Agreement, ABN AMRO will settle approved orders of the Client to the maximum degree. New orders will no longer be approved, unless it concerns sale orders or closing orders. 31.3 If the Agreement has been terminated, the Client will have to transfer his securities to a designated nancial institution within four weeks. After this period, ABN AMRO has the right to liquidate the Securities Portfolio of the Client and to credit the proceeds thereof, after settlement, to his Cash Account. 31.4 If it becomes clear that the Client is untraceable, ABN AMRO can terminate the Investment Services with this Client after two years. The Client is untraceable if one year from the day it became clear to ABN AMRO that the Client could not be reached at the last-known postal address. The Securities of the Client will be sold and the Client may claim the proceeds thereof at ABN AMRO respectively with the Deposito & Consignatiekas to whom the proceeds will be transferred in conformity with the legal obligations. 32 Complaints and limitation of damage 32.1 Without prejudice to the terms mentioned in these Investment Services Conditions within which complaints must be communicated to ABN AMRO, Title I article 17 of the General Banking Terms applies to complaints of the Client in relation to Investment Services. 32.2 If a dispute concerns Securities that are still part of the Securities Portfolio, the Client is obliged as soon as the dispute arises, to limit his damage, if any, by selling the specic Securities and/or closing the option positions, or to limit his damage in any other appropriate manner, regardless of the nal outcome of the dispute and a possible liability of ABN AMRO.

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ABN AMRO Bank nv, headquarters Gustav Mahlerlaan 10, 1082 PP Amsterdam, CoC Amsterdam 34334259 Roderveldlaan 5 b4, 2600 Berchem - RPR Antwerpen 0819.210.332 VAT BE 0819.210.332 Accountnumber ABN AMRO: BIC : ABNABE2AIPC, IBAN : BE72 9605 4053 2516

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Commercial Banking

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