Sujata Dilip Gandhi: (As Per Rules, Bye Laws & Regulation of The Exchange)
Sujata Dilip Gandhi: (As Per Rules, Bye Laws & Regulation of The Exchange)
3 Segment BOTH
7 Education qualification & Date of Birth (with proof) SUJATA DILIP GANDHI – M.A.
(of proprietor / all partners / all directors with proof are compulsory)
DOB : 02/10/1955
provide details of Registration No. & Date with details of name of member
to whom he/she/they is/are affiliated.
12 Whether any case/claim/arbitration pending against the No.
authorised person in any court/stock exchanges (provide
details)
I certify that the information given in this application form is true to the best of my/our knowledge and belief.
I/We hereby confirm/declare/undertake that the SEBI has not taken any action like
cancellation of registration / or debarred or prohibited any of the applicant /s from dealing
in securities market/imposed penalty after adjudication/prosecution etc. against any of the
applicant/s (names as applicable)
Signature of Applicant
Proprietor / Partner / Director
(with rubber stamp)
Date:
This agreement (“Agreement”) is made and executed at … … … … this … …
.. day of … … … … … … , 2012
Between:
M/s Keynote Capitals Ltd. an individual/ a proprietary concern/ a partnership
firm/ a body corporate, registered/ incorporated under the provisions of
Partnership Act, 1932/ Companies Act, 1956, having his/her/its
office/registered office at 4th Floor, Balmer Lawrie Bldg, Ballard Estate,
Mumbai – 400001. (hereinafter referred to as “Member” which expression
shall, unless repugnant to the context or meaning thereof, be deemed to mean
and include his/her heirs, legal representatives, the partners for the time being
of the said firm, the survivor or survivors of them and the heirs, executors and
administrators of such last survivor /its successors and assigns, as the case
may be) of the One Part;
And
Mrs. SUJATA DILIP GANDHI an individual/a partnership firm / a limited
liability partnership/a body corporate/a company, registered/incorporated
under the Partnership Act, 1932/Limited Liability Partnership Act, 2008/
Companies Act, 1956/having its registered office at FLAT NO.9 SHANTVAN
SOCIATY 47/3 RG TAWARE ROAD TAWARE COLONY PARWATI PUNE - 411009
(hereinafter called “A P” which expression shall, unless repugnant to the context
or meaning thereof, be deemed to mean and include his/her heirs, legal
representatives, executors and administrators/ the partners for the time being
of the said firm, the survivor or survivors of them and the heirs, executors and
administrators of such last survivor /its successors and assigns, as the case
may be) of the Other Part;
Member and AP shall hereinafter be also jointly referred to as the "Parties” and
severally as the "Party”.
WHEREAS
i. The Securities and Exchange Board of India (“SEBI”) vide its circular
No. MRD/DR-1/Cir-16/2009 dated November 06, 2009 (“said
Circular”) addressed to all the recognised Stock Exchanges has issued
the framework governing the market access through authorised
persons.
ii. SEBI vide said circular has inter alia directed that the stock broker and
authorised person shall enter into a written agreement in the form
specified by the stock exchange.
iii. Member is (a) Trading Member with the cash Segment, (b) Trading cum
clearing Member with the Derivatives Segment, (c) Trading cum
Clearing Member with the Currency Derivatives Segment of the Bombay
Stock Exchange Ltd. (“BSE”).
iv. AP approached Member and Member has agreed to appoint AP as the
authorised person on the terms and conditions specified in this
Agreement.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY
AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER:
1. Legal Framework
1.1 The provisions of the SEBI circular No. MRD/DR-1/Cir-16/2009
dated November 06, 2009 and other circulars issued by SEBI from
time to time, the Rules, Bye-laws and Regulations and/or relevant
notices of BSE shall be deemed to be an integral part of this
Agreement. In the event of any conflict or contradiction between
the provisions of the circulars, notices, directions and orders of
SEBI, Rules, Bye-laws and Regulations, notices of the BSE, and this
Agreement, the provisions of the statute, rules, bye-laws or
regulations occurring sequentially earlier in the above list shall
prevail over the one occurring sequentially subsequent thereto over
this Agreement. The provisions of this Agreement are in addition
thereto and not in derogation thereof.
2. CONDITIONS OF APPOINTMENT
2.1 AP shall not receive or pay any money or securities in its own name
or account. All receipts and payments of securities and funds shall
be in the name or account of Member.
2.2 AP shall receive his remuneration-fees, charges, commission, salary,
etc.- for his services only from Member and he shall not charge any
amount to the clients.
2.3 AP shall not be appointed as authorized person by more than one
stock broker on BSE (including all the segments).
3. OBLIGATIONS OF MEMBER
3.1 If any trading terminal is provided by Member to AP, the place where
such trading terminal is located shall be treated as branch office of
Member.
3.2 Member shall display at each branch office, additional information
such as particulars of authorised person in charge of that branch,
time lines for dealing through authorised person, etc., as may be
specified by BSE.
3.3 Member shall notify changes, if any, in the authorised person to all
registered clients of that branch at least thirty days before the
change.
3.4 Member shall conduct periodic inspection of branches assigned to
authorised persons and records of the operations carried out by
them.
3.5 The clients introduced by AP shall be registered with Member only.
The funds and securities of the clients shall be settled directly
between Member and client and all documents like contract note,
statement of funds and securities shall be issued to client by
Member. AP may provide administrative assistance in procurement
of documents and settlement, but shall not issue any document to
client in its own name. No fund/securities of clients shall go to
account of AP.
3.6 On noticing irregularities, if any, in the operations of AP, Member
shall seek withdrawal of approval from BSE, withhold all moneys
due to AP till resolution of investor problems, alert investors in the
location where AP operates, file a complaint with the police, and take
all measures required to protect the interest of investors and
market.
4. OBLIGATIONS OF AP
4.1 Abide by Law & Acquaintance to Law
AP agrees to abide by and comply with and adhere to the circulars,
notices, directions, order etc. that may be promulgated or issued from time
to time either by SEBI, BSE, Reserve Bank of India or any other regulatory
authority.
4.2 Insolvency
AP agrees to immediately furnish information to Member in writing, if any
winding up petition or insolvency petition has been filed or any winding up
or insolvency order or decree or award is passed against him/it or if any
litigation which may have material adverse bearing on him, has been filed
against him.
5. CONFIDENTIALITY