Information about this Authority
Unless otherwise defined below, all terms or expressions used in this standing authority (“Authority”) have the same meanings as set out in the HashKey Global Terms and Exchange Rules issued by Hash Blockchain Limited and HashKey MENA FZE.
This Authority is provided in favour of HBL, HK Custodian, HMF and UAE Custodian (collectively, “HashKey”) in consideration of HashKey agreeing to provide the services described in the Terms.
Standing authority
I, the individual, legal entity or other person named in the application to open an account with HBL and contracting party to the Investor Business Terms, Exchange Rules and Global Terms (“Client” or “me”), authorise HashKey to deal with assets held by HashKey on my behalf, including any rights thereto (“Client Assets”) in the following manner without providing further notice to me or obtaining my consent:
- To hold, transfer, and/or place Client Assets with the HK Custodian or UAE Custodian.
- To deposit any Client Asset that is a fiat currency with an “authorized financial institution” (as defined in the Banking Ordinance (Cap. 155 of the Laws of Hong Kong) or with another bank in a jurisdiction if fiat currency is received by HashKey in another jurisdiction, and to transfer any fiat currency held or received by HashKey in Hong Kong to an account outside Hong Kong if permitted by applicable law.
- To deal with any Client Assets in such manner as HashKey considers appropriate to facilitate the provision of services to me taking into account any applicable law or prevailing market practice applicable to HashKey from time to time.
- To sell, dispose of or otherwise deal with any Client Assets on prevailing market conditions if such sale, disposal or dealing is required by any applicable law or is otherwise for my protection and/or the protection of HashKey, directly or indirectly, in connection to me.
- To create a lien or other encumbrance over Client Assets, including for the discharge and satisfaction of my or such HashKey’s obligations and liabilities, directly or indirectly, in connection to me.
- To deduct the applicable fees charged by HashKey’s provision and my use of the services from the balance of any Client Assets standing to the credit of my Account.
- To deduct any interest, rewards or other benefits from the balance of any Client Assets as payment for services and to assign or transfer any such amounts to another party.
- To set off on a net basis, payment and delivery obligations in the same Client Assets in respect of two or more executed Orders.
- To set off or transfer Client Assets interchangeably between any of the accounts or wallets maintained at any time by HashKey towards satisfaction of any of my settlement obligations and liabilities to HashKey.
- As regards any action in connection with any voting or governance-related rights attached to particular Client Assets, for HashKey to act any way HashKey considers appropriate in respect of such exercise of such voting or governance related rights, without the need for HashKey to investigate, participate or take any affirmative action.
- To, in HashKey’s sole discretion, return Client Assets to my last designated external address or account without any further investigation. This includes returning Client Assets in the following circumstances:
- where my agreement with HashKey has been terminated;
- where there has been a passage of time determined by HashKey where I am not contactable; or
- where required by applicable law or HashKey internal policy, or as otherwise contemplated by the Investor Business Terms, Exchange Rules or Global Terms.
- To combine or consolidate any or all segregated wallets or accounts, of any nature whatsoever and either individually or jointly with others, maintained by HashKey, and HashKey may transfer Client Assets to and between any such segregated wallets or accounts to satisfy my liabilities to HashKey.
- To do all acts and things which are necessary for or incidental to the performance of any of the above activities.
I declare, undertake and warrant that I have the absolute ownership of all Client Assets free from all encumbrances (save and except those that may be created under agreements between me and HashKey) during the continuance in force of this Authority.
I hereby agree to indemnify and to keep indemnified, HashKey from and against all claims, demand or Loss arising out of or related to this Authority.
I understand I may revoke this Authority at any time by serving on HashKey 30 days' prior written notice to that effect. Such revocation will not take effect until actual receipt by HashKey of such written notice and will not affect any transaction undertaken by HashKey pursuant to this Authority prior to such revocation taking effect.
[As HBL has classified me as a "professional investor" under the SFO, HashKey will treat this Authority as continuing, and it will remain in effect unless and until I specifically revoke it in writing.] [Note: applicable to PI only. Under 10.18 of the VATP Guidelines, standing authority must be renewed annually for non-PI]
I acknowledge and agree that this Authority does not affect HashKey’s right to dispose or initiate a disposal by HashKey of any Client Assets in settlement of any liability owed by or on behalf of me to HashKey or a third person, or otherwise in accordance with the Investor Business Terms, Exchange Rules and Global Terms.
I confirm that I fully understand the contents of this Authority and have sought, or have had the opportunity to seek legal advice concerning its contents and effect.
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