Download Confirmation of Treatment as an Institutional

Goldman Sachs (Asia) L.L.C. (ACC536)
Goldman Sachs (Asia) Securities Limited (BHX981)
68th Floor, Cheung Kong Center
2 Queen’s Road Central
Hong Kong
Confirmation of Treatment
as an Institutional
Professional Investor
The Hong Kong Securities and Futures Ordinance (Cap. 571) (“SFO”) and its associated rules and regulations provide certain
relaxations from the requirements thereof when firms are dealing with clients who are categorised as “Professional Investors”. Based
on the information we hold on your institution and your confirmation below, we propose to treat you and each of your Underlying
Clients as such a Professional Investor for the purposes of such relaxations and as an Institutional Professional Investor in respect of all
products and markets for the purposes of the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures
Commission (the “Code of Conduct”). Copies of the SFO and the Code of Conduct are available from www.sfc.hk.
Please note that although we will treat you and each of your Underlying Clients listed below as an Institutional Professional Investor
under the Code of Conduct, it is our current intention to provide you with certain information (for example, confirmations of trades)
even though we are under no regulatory obligation to do so.
We have set out below an explanation of the risks and consequences of being treated as an Institutional Professional Investor under the
Code of Conduct for your information.
(a)
Information about Clients – We are not required to establish your financial situation, investment experience or investment
objectives, except where we are providing advice on corporate finance works.
(b)
Suitability – We are not required to ensure that a recommendation or solicitation is suitable for you in light of your financial
situation, investment experience or investment objectives.
(c)
Client Agreement - We are not required to enter into a written agreement with you in the form contemplated by the Code of
Conduct relating to the services, which are to be provided to you.
(d)
Risk Disclosures - We are not required to provide you with the risk disclosure statements required by the Code of Conduct in
respect of the risks involved in any transactions we enter into with you or to bring those risks to your attention.
(e)
Information about the Firm - We are not required to provide you with information about our business or the identity and
status of employees or others acting on our behalf with whom you may have contact.
(f)
Prompt Confirmation - We are not required by the Code of Conduct to confirm promptly the essential features of a
transaction after effecting a transaction for you.
(g)
Nasdaq – Amex Pilot Program - If you wish to deal through the Stock Exchange of Hong Kong in securities admitted to
trading on the Exchange under the Nasdaq - Amex Pilot Program, we are not required to provide you with documentation
about the Program.
(h)
Discretionary Accounts - We are not required, in connection with any discretionary account, to follow certain provisions set
out in the Code of Conduct in relation to the procedures to be followed to obtain from you authority in writing prior to
effecting transactions for your account and are not required to explain such authority or re-confirm it on an annual basis.
(i)
Derivatives – We are not required to assess your knowledge of derivatives and characterise you based on your knowledge of
derivatives and, where you are without knowledge of derivatives, to explain the related risks to you or to advise you as to
whether a derivatives transaction is suitable for you in all the circumstances.
(j)
Sales Related Information – We are not required to deliver the following information to you prior to or at the point of sale
where we distribute an investment product to you: (i) the capacity (principal or agent) in which we are acting; (ii) affiliation
with the product issuer; (iii) disclosure of monetary and non-monetary benefits; and (iv) terms and conditions in generic terms
under which you may receive a discount of fees and charges from us.
We hereby notify you that as we treat you and each of your Underlying Clients as a Professional Investor for the purposes of the SFO,
we are not required, unless you object, to provide you or your Underlying Clients with contract notes, statements of account or
receipts pursuant to the Securities and Futures (Contract Notes, Statements of Account, Receipts) Rules, though we may provide you
or your Underlying Clients with other confirmations of trades and customer statements.
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By signing and returning this form to us, you (a) confirm that you and each Underlying Client listed below (or if you do not
provide any Underlying Client names below, each Underlying Client on whose behalf you act as investment manager,
investment advisor or agent from time to time) is an Institutional Professional Investor under the Code of Conduct and agree to
be treated as such, (b) agree to inform us promptly in the event that any information you have set out above ceases to be true
and accurate, and (c) acknowledge that we will rely on your confirmations below to comply with applicable regulations.
Name of Investment Advisor / Investment Manager (“you”)
Signature of Authorized Signatory
Please Print Name (and Title)
Date (mm/dd/yyyy)
Insert full legal entity names, account numbers (if any) and account acronyms (if any) of funds / managed
accounts / beneficial owners to be treated as Institutional Professional Investors (each an “Underlying Client”):
Name:
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Copies of the SFO and the Code of Conduct are available from www.sfc.hk.
If you have any questions regarding this form, please contact your sales professional.
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