The Formulation Of Mortgage Pawn Contract
First, the explanation of the terms and the pledge business.
1.1. Pledge of FPRC securities.
The FPRC system is the abbreviation of "Securities pawn business management and risk monitoring system" developed by Chuang yuan.
Through the computer network technology, according to the pawn management measures, the system will provide Party B with a minimum of 2 days' maximum length of no more than 15 days, which includes the relevant dynamic supervision and risk monitoring functions.
FPRC "online paction client" is a software that Party A provides to Party B for the application of mortgage pawn business, including stock trading, cancellation, inquiries, settlement and other functions.
After signing this contract, Party B will use the "online client" self-service application in the validity period of this contract to buy shares as gold, and then buy it with the purchase, then sell it back and forth.
Party A calculates and receives pawn comprehensive management fees according to the days when Party B actually uses gold.
1.2. Account description
1.2.1, pledge account
The pledge account (including capital account, stock account) is called A account, which is the personal account established by Party B in the securities company. During the validity period of this contract, Party B has all assets of the account as pledge, commonly known as the "pledge", which is mortgaged to the pawn shop; Party B loses the ownership of the A account holder, but it can carry on the stock paction to the account.
1.2.2, pawn account
The pawn account is a capital account (including capital account and stock account) provided by the pawn shop for short account B account. During the validity period of this contract, the deposit obtained by Party B's pledge is provided by this account, and Party B obtains authorization to use the stock trading paction (including capital account and stock account) in the account.
1..3 securities pledge credit and the management method of the amount of gold
This contract will provide Party B with credit management.
Party A determines the level of Party B's credit by evaluating the historical trading ability of Party B.
Within the validity period of this contract, the FPRC system periodically adjusts the credit level automatically according to the paction frequency and profit and loss status of B account. If the credit level is reduced to 25 points, Party A has the right to terminate this contract ahead of time.
Party B can only apply for pledged pawn when buying cash in A account 95%. The FPRC system automatically calculates and approvals according to Party B's total valuation of stock market value at the time of Party B's credit level, and the amount of gold applied to Party B is only valid for that day.
1.4 pawn period and monthly integrated service management
The term of this contract is half a year. After the expiry of the contract, Party A and B re sign the contract.
In this contract, Party B shall sell the shares of the B account before the expiration of the pawn pawn. Otherwise, the sale of the shares will not be regarded as "absolutely impossible". Party A has the right to sell the goods by force, and Party B shall bear all risks and comprehensive management fees with the assets of its A account.
1.5, regular liquidation, liquidation, contract liquidation
1.5.1, regular liquidation
Party A shall make regular liquidation of Party B's comprehensive management fees for all pactions and occupation of gold for 20 days per month.
The FPRC system automatically manages the paction records of Party B's purchase and sale. Party B can use FPRC's online paction client to inquire at any time.
On the day of liquidation, the shares sold by Party B are not liquidated in the month, and will be liquidated until next month's regular liquidation date.
If Party B makes a profit, Party A will pfer the profit portion from the B account to the A account of Party B. If Party B loses money, Party B will voluntarily pay the loss part to Party A or Party A shall use the letter of attorney reserved by Party B, and make up the loss from the A account to the B account.
1.5.2, liquidation and liquidation
Party B authorizes Party A to liquidate liquidated assets in the A account assets and B accounts of the Party B when the total market value of the gold assets falls below the agreed level of the contract.
Party A has the right not to notify Party B, to sell the shares of the B account and A account of the Party B, and to allocate the funds from the A account of Party B to make up the principal and interest and losses of Party B's occupation of the B account.
Party A has the right to continue to recourse to Party B if the A account is fully allocated or after the stock is fully purchased, it still does not make up for the loss of Party A.
1.5.3, contract maturity date liquidation:
Within 20 days before the expiration date of the contract, the rights of Party B shall be stopped and the liquidation procedure shall be processed 5 days before the expiration date.
Two, pawn comprehensive management cost rate and calculation
Party A has the right to adjust the rate of pawn comprehensive management.
The FPRC system will automatically remind Party B to apply for the actual rate of gold every time, and the rate will not change during the time of the mortgage.
Party A shall calculate the comprehensive service charge according to the actual amount of gold occupied by Party B and the occupation time limit; when the time limit for gold occupation is from the day when the gold deposit is bought on the B account of Party B, it will continue to charge for the statutory holidays on the next day of the sale.
Penalty for breach of contract: Party B takes up more than 15 days of non payment, and adds 4 per cent penalty on a daily basis.
Three. The gross account and the gross asset value of the Party B
After the signing of this contract by Party A Party B, Party B has taken the A account as a pawn pledge.
During the period of pledge, Party B can conduct normal stock trading on the A account. Party B always acts as collateral for the pawn in the A account.
Party B voluntarily designates the sales department to handle the "application for entrustment of the account" and "the power of attorney" for the irrevocable A account.
Meanwhile, Party B will detain the shareholders of Shenzhen and Shanghai and the photocopy of their ID cards.
Four. Scope of hypothecation
The scope of pledge of pledged goods refers to the amount of gold, gold interest, comprehensive fees (including interest), liquidated damages, damages and expenses incurred in the realization of claims.
Five. Party B shall apply for gold application and stock trading rules.
5.1 during the period of validity of this contract, Party A will authorize Party B to use the B account, and Party B automatically enters the paction and inquires the paction record through the FRPC online paction client.
5.2 the FPRC system automatically limits Party B to buy risky stocks within the validity period of this contract.
Party A has the right to adjust the risk level of stocks at any time. The stocks below the risk level of 25 are trading stocks restricted by the system, and the default risks of ST and ST are zero respectively.
Party B approves that the restriction may affect the investment of Party B, and promises no objection to this restriction.
5.3 Party B has full and undisputed ownership of the total assets of the A account, and shall not borrow or set any form of guarantee for the account's funds and its corresponding securities account assets.
5.4 if Party B violates the above agreement, Party A shall have the right to terminate this contract and require Party B to bear all the economic losses incurred.
Six, accounts freeze, unilateral termination of contract
6.1 Party B is required to nominated the sales department to the applicant to submit the application for an account.
The application states that the A account will be frozen voluntarily during the validity of this contract, including the withdrawal of the account pfer function of the above capital account, the withdrawal and pfer of the counter funds, the restriction of the securities account's handling of the stock pfer trusteeship (Shenzhen) directive, the cancellation of the designated paction (Shanghai) directive, and the prohibition of cancellation of the consumer.
6.2 Party B can only obtain the qualification of pawn pledge after completing the "power of attorney" in full.
If the contract is valid, it will be liquidated or liquidated periodically. If the power of attorney is used, Party B needs to fill in and submit it to Party A before it can continue to apply for the gold quota and obtain the authorization of the paction.
Otherwise, Party B will terminate this contract unilaterally.
6.3 during the validity period of the contract, if Party B fails to use B account funds or goes through the liquidation procedure with Party A, it may unilaterally terminate this contract. Party A may also unilaterally terminate this contract when Party B fails to use B account funds or handle liquidation procedures with Party B.
Seven, renewal, redemption, contract must be done, paction must be done.
7.1, Ben
contract
It should not be renewed.
Within 20 days before the limit of this contract, Party B may apply to Party A for re signing the contract.
7.2, Party B shall complete the redemption at the full date of the term of the contract, and make overdue redemption (that is, payment of the pawn principal, the comprehensive service charge and interest), and fail to obtain the new contract after the consent of Party A, which is deemed to be "a contract must be". Party A has the right to make a forced sale of the "paction must be" and sell the profits and losses arising from the "paction absolutely", which is borne by Party B. No matter whether the paction is profitable, Party A can immediately reduce the credit limit of Party B until the cancellation of the credit limit or the termination of the contract unilaterally.
Eight, risk control, early warning and closing terms
8.1 Party B authorizes Party A to inquire in real time about Party B's A account, B account and the corresponding sum of securities assets.
8.2 if Party B applies for the sale of gold shares before selling, if the A account, B account and the corresponding sum of securities assets are below the warning line (the warning line value is in the first column of the contract), Party A will notify and request Party B to replenish the funds to the A account within second trading days, so that the total assets will revert to the warning line.
Otherwise Party A will see Party B as a high-risk customer; Party B may encounter any risk of being liquidated at any time.
8.3.
Liquidation clause
8.3.1, when Party B's A account, B sub account and its corresponding securities assets are lower than Party B's occupation of B account, Party B will authorize Party A (ID card number) to make liquidation in accordance with the letter of attorney set forth by Party B (see Annex I) and the account entrustment (see annex two).
Regardless of whether Party B has received notice or whether Party B has received the notice, whether the total assets market value will rise to the above level, Party A may have the right to liquidate.
8.3.2, regardless of contract or paction, Party A shall have the right to liquidate without notice to Party B.
Nine, others
During the period of the contract, Party B shall notify Party A immediately if there is any deterioration in the economic situation and other special circumstances. Party A shall have the right to decide whether to terminate this contract and to proceed with liquidation immediately, or to decide that Party B's rights and obligations shall continue to perform this Agreement.
If Party B fails to inform Party A, it will bear the corresponding legal consequences.
9.1, if there is any dispute in the performance of this contract, it shall be amicably negotiated and not negotiated, and shall be disposed of by the people's Court of the place where Party A is located.
9.2. This contract
Term of validity
It shall be effective within six months from the date of signing, or the day when Party A and Party B settle their debts.
9.3. The appendix of this contract is an inalienable part of the contract and has the same legal effect as the body of the contract.
9.4. There are two copies of this contract. Each party holds one copy.
Ten. List of annexes:
1. "Power of attorney".
2.
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