By using Halogen Capital Sdn Bhd’s (‘Halogen’) services or signing up for an account with us, you hereby acknowledge and agree that you have:
The relationship between you and Halogen is governed by these Terms and these Terms shall apply to and govern your account(s) with us and all transactions and services. For the avoidance of doubt, we are not obliged to open any account for you or provide you with any service.
Before we can open an account for you, provide you with our services or enter into any transaction for your account, you must submit to us all the documents, evidence, and information as we may require to carry out such "Know Your Client" procedures. You undertake to inform us promptly of any change in the information provided.
You also agree to provide any information and documents requested by us in relation to any account, transaction, and services, for the purposes of providing the services to you and for complying with any law and regulations applicable to us, or pursuant to any order, direction, or request by any applicable court, government, or regulatory authority.
We may request for further documents and you shall furnish the same within a reasonable time or the prescribed time after receiving such request from us, failing which you agree that the account may not be opened or may cause delay or failure in our provision of services to you.
We reserve our sole and absolute discretion not to process any forms submitted by you and we shall not be obliged to provide any reason whatsoever in connection thereto.
Any instructions given or applications submitted by you either verbally, electronically, digitally, in writing, or via electronic mail, or such other permitted means of communication as notified to us from time to time arising out of and / or in connection with your account held with us, if and when acted upon or effected by us shall be legally binding on you. We shall have no obligation to verify the authenticity of the instructions and / or the identity of the person purporting to give the aforesaid instructions.
You hereby expressly consent to the recording of telephone conversation exchange for whatever purpose under the Form, account, and / or instructions made by you to us and you further agree that such recordings shall constitute conclusive evidence.
No instructions from you shall be deemed to be received by us until such time we confirm acceptance of the same either by way of a short message service (SMS) or a notification through the mobile application or e-mail. You acknowledge the risk associated with each means of communication and agree that we shall not be liable for any losses and / or damages arising from and / or in connection with the instructions, including omitting to act on inconsistent, ambiguous, or incomplete instructions.
If you wish to appoint an attorney or any person (“Authorised Person”) to give instructions, sign any document or forms, and / or perform any act on your behalf, you must provide us with the power of attorney or such other instrument appointing the Authorised Person to act on your behalf, in the form and substance acceptable to us. You are bound by and shall remain liable for all acts, instructions, and transactions of the Authorised Person, and is responsible to ensure that the Authorised Person acts within the power or authority. You agree that we shall not be liable should you suffer any losses pursuant to us acting on instructions of the Authorised Person.
Notwithstanding anything contained herein, we shall be at the liberty to disregard or refuse to process any of the instructions given or applications submitted by you if the processing of such instructions or applications would be in contravention of any laws or regulatory requirements whether or not having the force of law and / or would expose us to any liability.
Any instruction or application submitted through the mobile application will be deemed irrevocable. We reserve the right to accept or reject any instruction or application made by you in whole or in part without assigning any reason in respect thereof and without providing any compensation to you.
You will receive an E-Statement detailing investment amount and the number of units allocated would be sent to the unit holder within ten (10) business days from the date of creation of such units.
You acknowledge and agree that we may transmit the Statements (as defined above) via email to your last known email address contained in our record. You shall promptly notify us in writing any (i) non-receipt of the Statements or (ii) within 14 days from the date appearing in the switching advice, payment and redemption advice and confirmation advice of any discrepancy contained therein; or (iii) within 30 days from the date appearing in the statement of account of any discrepancy contained therein; or (iv) save for (ii) and (iii), within 14 days from the date appearing in such Statements. You understand and accept the risk associated with your request to have the Statements sent via the internet.
Any request for switching or transferring of units must be supported by duly completed Switching or Transfer form. Any applications received on or before the cut off time (usually at 4 p.m.), it will be processed on the same business day. Otherwise, they would be processed on the next business day.
You may switch investments from any one fund to another fund managed by the same investment manager (unless otherwise stated by the Investment Management Agreement (IMA)/ Deed for the relevant fund). Any distribution instruction earlier given for that fund switched out will apply to the additional units and remain unchanged. If the switching is made to a new fund / investment, the net amount switched must meet the minimum requirement of the new fund’s initial investment amount
The application for redemption of Units shall only be processed if the application was received before the cut-off time on every Business Day as stated in the IMA or prospectus. Units will be redeemed and effected at NAV price of the funds on a defined number of business days after processing date as stated in the respective IMA / Prospectus. For any application received after the cut-off time, the application will be processed on the next business day. Halogen reserves the right to reject any withdrawal request that is incomplete or not accompanied by the required documents.
Payment of redemption proceeds can only be made out in your favour, and any request to pay to a third party is strictly prohibited. We will pay to your bank account as advised by you, subject always to the prior verification of the bank account We may request for any form of validation for verification prior to making such payments to you and we will not be held responsible for any delay or loss incurred due to incorrect bank account number provided by you for payment of repurchase proceeds. The bank account number provided by you herein will be considered as the default bank account number.
All monies due and payable by you to us shall be made via cheque or telegraphic transfer / GIRO / FPX directly issued by you and must be honoured when presented and shall be from your own bank account. We do not accept cash transfers and funds from third parties for your investments and may refund such sum that has been transferred to us to the payer and henceforth the application for investment may fail.
If any application made by you is rejected for whatever reason, whether in part or whole, any monies paid or remaining balance thereof will be returned (without interest or return) within 30 days from the date of such application and any costs or expenses incurred thereof shall be borne solely by you.
In the absence of any instructions to the contrary or as allowed under the deed of the relevant fund, you hereby authorise us to automatically reinvest any distributions of dividends.
Unless notified otherwise, any monies payable by us to you will be made via telegraphic transfer to your bank account, the details of which have been provided during account opening stage or as advised by you from time to time and denominated in Ringgit Malaysia. Any monies payable by us out of a fund which base currency is a currency other than Ringgit Malaysia (“foreign currency”) will be made via telegraphic transfer to your bank account and denominated in the foreign currency. We shall not be liable for any losses suffered by you in relation and arising out of any fluctuations in currency exchange rates.
We are entitled to and you hereby agree to withhold any monies held or received by us and apply the same for the satisfaction of any liabilities, taxes, and charges by whatsoever name called imposed by the relevant authorities and / or under the applicable laws.
Without prejudice to the generality of the foregoing, all our employees, and sales consultants are prohibited from receiving from any parties monies for investment (whether by cheque or any other instrument) made out in favour of the employees and / or sales consultants, for their onwards transmission to us and in the event you do hand over such cheque or any other instrument made to the favour of the employee and / or sales consultants, such employee and / or sales consultants shall for the purposes of such transmission of monies to us be your agent and not ours and we shall not be liable for any loss whatsoever occasioned to you or any other person as a result of you handing over such monies to the employee and / or sales consultants. We are under no obligation to accept payments for investments via our employees and / or sales consultants or any third party and may in our sole discretion reject such payments.
In reliance of your representation and warranties stipulated hereunder, we agree to enter into a legally binding relationship with you and in continuance thereafter for the provision of services contemplated in this account opening form, relevant prospectus / Investment Management Agreement (IMA) / disclosure document and deed including any supplemental thereto. You hereby represent and warrant the following to us:-
Notwithstanding the generality of the foregoing clause 9.1, you shall be deemed to represent and warrant to us at all material times that the representation and warranties contained above are true, accurate and correct in all respects and manner as if it were made on such date and repeated by virtue of each and every subsequent transaction entered into by you with us. You shall as soon as possible notify us via email or in writing should the representation and warranties stipulated in this form are / becomes untrue, inaccurate, and / or incorrect.
The collecting and use of your Personal Data will be in accordance with such laws (including the Personal Data Protection Act 2010), our latest Privacy Notice which is available on request, displayed at our offices, and on our corporate website, and / or the privacy terms in any agreement(s) that you may have or will enter into with us. You are aware and agree that our Privacy Notice may be revised from time to time, and you agree to accept such changes by your continued usage of the mobile application, electronic portal, or any products and services we offer.
It is your responsibility to notify us in writing should there be any changes to the Personal Data. We shall not be responsible in the event you fail to receive any Statements or notifications due to your failure to notify us of any changes to your Personal Data.
Subject to our relevant policy(ies), the applicable laws and regulations, we will permanently delete the Personal Data subsequent to the closing of your account with us which also depends on the records of retention period. You hereby agree that in the event that you require us to stop processing the Personal Data, we shall have the right to terminate our relationship, close your account(s), and / or discontinue the provision of any service that is linked with such Personal Data.
You hereby agree to indemnify and hold harmless us, our directors, and employees from any suspected, or actual loss, claim, or damages of whatsoever nature which may arise out of or in relation to the processing and disclosure of your Personal Data pursuant to the terms in our Privacy Notice.
If you have any enquiries or complaints, you may contact us via email at: firstname.lastname@example.org,
You hereby authorise us to disclose any and all information pertaining to you and / or your account with us as may be required, or imposed upon us from time to time pursuant to the Foreign Account Tax Compliance Act of the United States of America (“FATCA”) or such other rules and regulations as may be imposed upon us.
Please take note that only a “Sophisticated Investor” may invest in a Wholesale Fund. To obtain the latest definition of “Sophisticated Investor”, kindly refer to the Guidelines on Unlisted Capital Market Products under the Lodge and Launch Framework issued by Securities Commission Malaysia.
You shall be responsible for the payment of any charges, fees, costs, expenses, taxes (if any) and other liabilities properly payable or incurred by us and in holding or executing transactions in respect of any of the units.
We will not be liable to pay any interest to you for any monies we held for you for any reason whatsoever.
You shall also be responsible for the payment of any commission, transfer fees, registration fees, taxes (if any) and other liabilities, cost and expenses properly payable or incurred by us and / or the Nominee where applicable, under these terms and conditions.
Where applicable and allowed by law, we may receive commission and / or fee from any UTMC or any other source for the subscription order you made and we shall be entitled to retain such commission for our own benefit and are not obliged to account to you for all or any part of such commission.
We may deduct such charges, fees, costs, expenses or taxes, or any other monies owed by you to us pursuant to any liability of any nature arising in respect of your investments or otherwise and you agree to indemnify us against such payments. For this purpose, we may withdraw and collect uninvested funds in your account and / or sell your investments and collect the proceeds from such sale.
We reserve the right to accept or reject any application made by you in whole or in part without assigning any reason in respect thereof and without providing any compensation to you.
Notwithstanding anything contained herein, we shall be at liberty to disregard or refuse to process any of the instructions given if the processing of such instructions would be in contravention of any laws or regulatory requirements whether or not having the force of law and / or would expose us to any liability.
We shall be entitled to take all actions we consider appropriate for us to meet any obligation, or requirement either in Malaysia or elsewhere, in connection with the detection, investigation and prevention of financial crime including fraud, money laundering, terrorism financing, bribery, corruption, or tax evasion or the enforcement of any economic or trade sanction (“Financial Crime”).
You understand and agree that if any activities, conduct or circumstances you are involved in (directly or indirectly) may expose us to legal or reputational risk, or actual or potential regulatory or enforcement actions, or if the acceptance of your monies shall constitute a breach of any law, regulations or internal policies on Financial Crime, we shall at any time, without giving any reason, have the right to immediately:-
You undertake that you will not initiate, engage in or engage a transaction (directly or indirectly) that may involve Financial Crime and agree to hold us harmless, indemnify us and keep us indemnified from and against any and all liabilities, claims, obligations, losses, damages, penalties, actions, judgments, suits, costs (including, but not limited to, legal costs on a full indemnity basis), expenses and disbursements of any kind whatsoever which we may suffer or incur in connection with or arising from any breach by you of this undertaking.
Halogen Capital that we are not involved in any money laundering activities and/or terrorism financing activities within the meaning of Section 3 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 ("AMLA"). We further agree and accept that Halogen Capital has a legal obligation under the AMLA (including any amendments to such law, and any guidelines issued or to be issued pursuant thereof by any regulator, authority and/or statutory body) ("AMLA Legislations"), which amongst others require Halogen Capital to identify and verify source of funds.
In this regard, we shall disclose the accurate information on the source of funds and shall ensure that it is not derived from any form of illegal or unlawful activities. We hereby also authorise Halogen Capital to reveal any information related to our account or ourself to any such regulatory/statutory bodies or authorities without giving me notice nor first obtaining my approval.
Where any suspicion of money laundering and/or financing of terrorism arises, Halogen Capital is therefore authorised to report its suspicions to the Financial Intelligence and Enforcement Department ("FIED") in BNM or to any other regulatory/statutory bodies without giving me notice nor first obtaining my approval. We further agree to abide and comply with any directives or orders which may be issued and imposed by the respective regulations, authorities and/or statutory bodies from time to time and further undertake to give any required evidence and/or documentation required by Halogen Capital, the respective regulations, authorities and / or statutory bodies for the purpose of complying with the AMLA Legislations in the applicable jurisdiction where the transactions are to be executed from time to time.
Failure to comply may result in criminal sanctions against us and Halogen Capital reserves the right to freeze or terminate our account(s) pending supply of all requested particulars/information. In such an event, we shall have no claim and/or cause of action whatsoever against Halogen Capital in respect of any losses, liabilities, damages, claims, interest/profit, charges, expenses, costs and any other adverse consequences of whatsoever nature or however incurred/suffered/sustained by us
We shall not be liable for any direct, indirect, special, or consequential damages which may be suffered and / or to be suffered by you, such as, but not limited to, loss of anticipated profits or other anticipated economic benefits, whatsoever or howsoever caused, whether in contract or in tort (which includes but is not limited to negligence), arising directly or indirectly in connection with or arising out of the terms and conditions contained in this form.
Save and except for our gross negligence or wilful default, you hereby agree to indemnify and keep indemnified us, our directors, officers, shareholders, and employees against any direct and / or indirect cost, actions, claims, expenses, fees, liabilities, penalties, fines, suits, losses, and / or damages suffered and / or incurred by us arising out of and / or in connection with the following (or any of them):-
Any monies that is due and owing by you to us and / or the Nominee, where applicable, in relation to this form and / or relevant fund, we and / or the Nominee, where applicable, shall be entitled to set-off those monies due and owing against any assets, and / or units held with and / or in the possession of us and / or the Nominee.
This form and all other transactions envisaged shall be binding upon heirs, personal representatives, successors-in-title, and permitted assigns of yours subject to our approval.
The terms and conditions contained in this form shall be governed and construed in accordance with the laws of Malaysia and all parties hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia.
We reserve our sole and absolute discretion to, at any time, amend, modify, and / or vary the terms and conditions contained in this form, including but not limited to terms and conditions which may be imposed pursuant to the requirements of any law and regulations, without prior reference to you. Upon the imposition or amendment being posted by us on our website or being notified by mail, notice of the same shall be deemed to have been effected at the time when the notice is posted on the website or by e-mail (as the case may be). By the continued usage of the services we offer, you shall be deemed to have agreed to and accepted the new or amended terms and conditions imposed by us and these provisions shall be binding upon you from the date of notice being effected. The relevant provisions of this form shall thereafter be deemed to have been amended, modified, supplemented, and / or varied accordingly and shall be read and construed as if such amendments, modifications, supplements, and / or variations had been incorporated in, and had formed part of this form at the time of execution hereof.
If any of the terms and conditions contained in this form is illegal, void or unenforceable for any reason whatsoever, the said terms and conditions shall be deemed ineffective to the extent of such illegality, voidness, or unenforceability without invalidating the remaining portion hereof.
We reserve our sole and absolute discretion to terminate the services provided hereunder at any time without assigning any reason whatsoever and we shall not be held liable for any of your losses and / or damages suffered and / or incurred as a result thereof. All disclaimers, indemnities and / or exclusions in the Terms shall survive the termination.
Halogen shall not be liable to the customers for any partial performance, delay in performance or non-performance of any of its obligations under the Account Opening Form and/or the Terms or any part thereof or any other agreement with the customer by reason of any cause beyond the Halogen’s control or any event of force majeure, including, but not limited to, breakdown or failure of transmission, communication or computer facilities, strike or other industrial action, expropriation, currency restrictions, the failure of any exchange, market or clearing house or the failure of any relevant correspondent or other agent for any reason to perform its obligations, war, nationalisation, terrorism, insurrection, revolution hostilities, riot, civil commotion, requisition, embargo by any government or regional or local authority or any agency thereof, or any law, regulation, edict, executive order or mandate of any such body or any act of God, fire, flood, storm or explosion.