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The forms in this booklet must be completed and
signed before you can open an account carried by U.S. Securities &
Futures Corp. Customers must sign and date the appropriate forms at the
spaces provided on pages listed below.
FORM
PAGE
Risk Disclosure Statement for Futures and Options
3
Customer Agreement 6
Complete the Customer Fact Sheet 11
Individual, Joint or Sole Proprietorship Accounts
Corporate Accounts
Partnership Account
Trust Account
Corporate Disclosure Statement
Corporate Resolution and Indemnification 12
Personal Guarantee 13
Arbitration Agreement 14
Tax Information 15
Account Transfer Form 16
Bank Wire Instruction:
Chase Manhattan Bank
ABA # 021000021
4 New York Plaza - 21st Floor
New York, NY 10004-2477
Credit to: U.S. Securities & Futures Corp.
Customer Segregated Account
A/C #: 024043516
(include your name and account # if applicable)
RISK DISCLOSURE STATEMENT FOR
FUTURES AND OPTIONS
This brief statement does not disclose
all of the risks and other significant aspects of trading in futures and
options. In light of the risks, you should undertake such transactions
only if you understand the nature of the contracts (and contractual
relationships) into which you are entering and the extent of your exposure
to risk. Trading in futures and options is not suitable for many members
of the public. You should carefully consider whether trading is
appropriate for you in light of your experience, objectives, financial
resources and other relevant circumstances.
Futures
1. Effect of 'Leverage' or 'Gearing'
Transactions in futures carry a high
degree of risk. The amount of initial margin is small relative to the
value of the futures contract so that transactions are 'leveraged' or
'geared'. A relatively small market movement will have a proportionately
larger impact on the funds you have deposited or will have to deposit:
this may work against you as well as for you. You may sustain a total loss
of initial margin funds and any additional funds deposited with the firm
to maintain your position. If the market moves against your position or
margin levels are increased, you may be called upon to pay substantial
additional funds on short notice to maintain your position. If you fail to
comply with a request for additional funds within the time prescribed,
your position may be liquidated at a loss and you will be liable for any
resulting deficit.
2. Risk-reducing orders or strategies.
The placing of certain orders (e.g.
'stop-loss' orders, where permitted under an exchange or local law, or
'stop-limit' orders) which are intended to limit losses to certain amounts
may not be effective because market conditions may make it impossible to
execute such orders. Strategies using combinations of positions, such as
'spread' and 'straddle' positions may be as risky as taking simple 'long'
or 'short' positions.
Options
3. Variable degree or risk
Transactions in options carry a high
degree of risk. Purchasers and sellers of options should familiarize
themselves with the type of option (i.e. put or call) which they
contemplate trading and the associated risks. You should calculate the
extent to which the value of the options must increase for your position
to become profitable, taking into account the premium and all transaction
costs.
The purchaser of options may offset or
exercise the options or allow the options to expire. The exercise of an
option results either in a cash settlement or in the purchaser acquiring
or delivering the underlying interest. If the option is on a future, the
purchaser will acquire a futures position with associated liabilities for
margin (see the section on Futures above). If the purchased options expire
worthless, you will suffer a total loss of your investment which will
consist of the option premium plus transaction costs. If you are
contemplating purchasing deep-out-of-the-money options, you should be
aware that the chance of such options becoming profitable ordinarily is
remote.
Selling ('writing' or granting') an option generally entails considerably greater risk than purchasing options. Although the premium received by the seller is fixed, the seller may sustain a loss well in excess of that amount. The seller will be liable for additional margin to maintain the position if the market moves unfavorably. The seller will also be exposed to the risk of the purchaser exercising the option and the seller will be obligated to either settle the option in cash or to acquire or deliver the underlying interest. If the option is on a future, the seller will acquire a position in a future with associated liabilities for margin (see the section on Futures above). If the position is 'covered' by the seller holding a corresponding position in the underlying interest or a future or another option, the risk may be reduced. If the option is not covered, the risk of loss can be unlimited.
Additional risks common to futures
and options
4. Terms and conditions of contracts
You should ask the firm with which you
deal about the term and conditions of the specific futures or options
which you are trading and associated obligations (e.g. the circumstances
under which you may become obligated to make or take delivery of the
underlying interest of a futures contract and, in respect of options,
expiration dates and restrictions on the time for exercise). Under certain
circumstances the specifications of outstanding contracts (including the
exercise price of an option) may be, modified by the exchanges or clearing
house, to reflect changes in the underlying interest.
5. Suspension or restriction of trading and pricing relationships
Market conditions (e.g. illiquidity)
and/or the operation of the rules of certain markets (e.g. the suspension
of trading in any contract or contract month because of price limits or
'circuit breakers') may increase the risk of loss by making it difficult
or impossible to effect transactions or liquidate/offset positions. If you
have sold options, this may increase the risk of loss.
Further normal pricing relationships
between the underlying interest and the future, and the underlying
interest and the option may not exist. This can occur when, for example,
the futures contract underlying the option is subject to price limits
while the option is not. The absence of an underlying reference price may
make it difficult to judge 'fair' value.
6. Deposited cash and property
You should familiarize yourself with
the protections accorded money or other property you deposit for domestic
and foreign transactions, particularly in the event of a firm insolvency
or bankruptcy. The extent to which you may recover your money or property
may be governed by specified legislation or local rules. In some
jurisdictions, property which had been specifically identifiable as your
own will be pro-rated in the same manner as cash for purposes of
distribution in the event of a shortfall.
7. Commission and other charges
Before you begin to trade, you should
obtain a clear explanation of all commission, fees and other charges for
which you will be liable. These charges will affect your net profit (if
any) or increase your loss.
8. Transactions in other jurisdictions
Transactions on markets in other
jurisdictions, including markets formally linked to a domestic market, may
expose you to additional risk. Such markets may be subject to regulation
which may offer different or diminished investor protection. Before you
trade you should inquire about any rules relevant to your particular
transactions. Your local regulatory authority may be unable to compel the
enforcement of the rules of regulatory authorities or markets in other
jurisdictions where your transactions have been effected. You should ask
the firm, with which you deal, for details about the types of redress
available in both your home jurisdiction and other relevant jurisdictions
before you start to trade.
9. Currency risks
The profit or loss in transactions in
foreign currency-denominated contracts (whether they are traded in your
own or another jurisdiction) will be affected by fluctuations in currency
rates where there is a need to convert from the currency denomination of
the contract to another currency.
10. Trading facilities
Most open-outcry and electronic trading facilities are supported by computer-based component systems for the order-routing, execution, matching, registration or clearing of trades. As with all facilities and systems, they are vulnerable to temporary disruption or failure. Your ability to recover certain losses may be subject to limits on liability imposed by the system provider, the market, the clearing house and/or member firms. Such limits may vary; you should ask the firm with which you deal for details in this respect.
11. Electronic trading
Trading on an electronic trading system
may differ not only from trading in an open-outcry market but also from
trading on other electronic trading systems. If you undertake transactions
on an electronic trading system, you will be exposed to risk associated
with the system including the failure of hardware and software. The result
of any system failure may be that your order is either not executed
according to your instructions or is not executed at all.
12. Off-exchange transactions
In some jurisdictions, and only then in
restricted circumstances, firms are permitted to effect off-exchange
transactions. The firm with which you deal may be acting as your
counterparty to the transaction. It may be difficult or impossible to
liquidate an existing position, to assess the value, to determine a fair
price or to assess the exposure to risk. For these reasons, these
transactions may involve increased risks. Off- exchange transactions may
be less regulated or subject to a separate regulatory regime. Before you
undertake such transactions, you should familiarize yourself with
applicable rules and attendant risks.
I hereby acknowledge that I have
received and understood this risk disclosure statement.
X__________________________________
Customer's Name (printed)
X__________________________________ _______________________
Customer's Authorized Signature Date
If Joint Account:
X__________________________________
Customer's Name (printed)
X__________________________________ ________________________
Customer's Authorized Signature Date
________________________________________The
undersigned ("Customer") has submitted to U.S. Securities &
Futures Corp. ("Broker") a completed Account Application
Form(s); the terms of which are incorporated herein by reference;
therefore, in consideration of Broker acting in its capacity as Broker, or
maintaining one or more commodity accounts for the Customer, it is agreed
with respect to all accounts, whether upon margin or otherwise, which the
undersigned now has or may at any future time have with Broker, including
accounts from time to time closed and then reopened, as follows:
1. Trading
Customer authorizes Broker to
purchase and sell commodity futures contracts and to purchase, sell and
exercise commodity options for Customer's account in accordance with
Customer's oral or written instruction. Customer acknowledges Broker has
the right, but no responsibility or obligation, to limit the number or
commodity futures and commodity options which Customer they may maintain
or acquire through Broker at any time. Customer agrees not to make any
trade through Broker which would have the effect of exceeding any
limitations imposed on Customer by Broker.
2. Regulations
All transactions shall be subject
to the constitution by-laws, rules, regulations, customs, usage's, rulings
and interpretations of the exchange, board or trade, contract market (and
its clearing house, if any) where executed and to all applicable Federal
and State laws and regulations. If any statute shall hereafter be enacted
or any rule or regulation shall hereafter be adopted by any governmental
authority, exchange, board or trade or clearing house, which shall be
binding upon Broker and shall affect in any manner or be inconsistent with
any of the provisions hereof, the affected provisions of this agreement
shall be deemed modified or superseded, as the case may be, by the
applicable provisions of such statute, rule or regulation, and all other
provisions of this agreement and provisions so modified shall in all
respects continue in full force and effect. Customer represents and
warrants that it is in compliance with all applicable rules of the
Commodity Futures Trading Commission ("CFTC") and the National
Futures Association ("NFA"). In the event that customer is a
duly Registered Introducing Broker, Commodity Pool Operator or Commodity
Trading Advisor or otherwise is subject to the terms of NFA by-law 1101,
as amended, customer represents that (i) it is presently a member in good
standing of the NFA and shall continue to maintain such membership during
the term of this Account Agreement, and (ii) it shall continue to abide by
and comply with the NFA Compliance Rules Code of Arbitration and Financial
Requirements, the terms of which are incorporated herein by reference, or
(iii) it is duly exempted from such requirements in accordance with rules
established from time to time by the CFTC or NFA.
3. Margins
Customer shall deposit with
Broker sufficient funds to meet the initial and maintenance margin
requirements. Customer shall, without notice or demand, maintain adequate
margins at all times so as to continuously meet the margin requirements
established by Broker. Broker may establish margin requirements in its
sole and absolute discretion and said requirements may exceed the margin
requirements set by any commodity exchange or other regulatory authority.
Customer agrees, when requested by Broker, to immediately wire transfer
funds to adequately maintain margins and to furnish Broker with the names
of bank officers for immediate confirmation of such transfers. Failure to
demand wire transfer of funds or the acceptance of funds by mail shall not
constitute a waiver of the right of Broker to demand wire transfer of
funds at any time. If at any time customer's account does not contain the
amount of margin required, Broker may, in its sole and absolute
discretion, without notice or demand to Customer, close out Customer's
open positions in whole or in part in accordance with Paragraph 5 below,
or take any other action it deems necessary to satisfy such margin
requirements. Failure of Broker to act in such circumstances shall not
constitute a waiver of its rights to do so at any time thereafter, nor
shall Broker be subject to any liability to Customer for its failure so to
act. Broker is financially liable to the clearing members through which it
clears transactions on exchanges for maintenance margins and deficit
balances occurring in Customer's account. Customer agrees to indemnify and
hold Broker harmless against and from any and all losses, costs and
damages (including costs and attorneys' fees incurred in collecting such
deficit) sustained by Broker resulting, directly or indirectly, from any
action or omission by Customer with respect to the account(s), including
but not limited to, any deficit balances which may occur in customer's
account.
4. Trading Limits
Exchanges on which trading occurs may impose daily trading limits with respect to the trading of limits with respect to the trading of certain commodity futures contracts and may, from time to time, change such trading limits. Such trading limits may, from time to time, cause trading in a certain commodity futures contract to cease, thereby preventing the liquidation of an adverse position which may result in a financial disadvantage.
All monies, securities,
negotiable instruments, open positions in futures contracts, commodity
options, and commodities, or other property now or at any future time held
in customer's account or which may be in Broker's possession for any
purpose, including safekeeping, shall be subject to a general lien and
security interest for the discharge of all obligations of Customer to
Broker irrespective of whether or not Broker has made advances in
connection with such securities, futures contracts, commodities or other
property, and irrespective of the number of accounts Customer may have
with Broker. Broker may, at any time, in its sole and absolute discretion,
liquidate any of the above-mentioned items in order to satisfy any margin
or account deficiencies of Customer and may transfer said property of
assets to the general ledger account of Broker, all without liability on
the part of Broker to Customer or any third party.
If, at any time, customer shall
be unable to deliver to Broker any security, commodity or other property
previously sold by Broker on Customer's behalf, Customer authorizes
Broker, in Broker's sole discretion, to borrow or buy and deliver the
same, and Customer shall immediately pay and indemnify Broker for any
costs, loss and damage (including consequential costs, losses and damages)
which Broker may sustain in making such delivery together with any
premiums which Broker may be required to pay and for any costs, loss, and
damage (including consequential costs, losses, and damages) which Broker
may sustain from its inability to borrow or buy any such security,
commodity or other property. In the event Broker takes delivery of any
security or commodity for customer's account, Customer agrees to indemnify
and hold Broker harmless from and against any loss it may suffer
resulting, directly or indirectly, from a decline in value of said
security or commodity.
Broker is hereby authorized from
time to time to lend, separately or together with the property of others,
either to itself or to others, any property which Broker may be carrying
for the undersigned on margin. This authorization shall apply to all
accounts carried by Broker for the undersigned and shall remain in full
force until written notice of revocation is received by Broker.
6. Liquidation of Accounts
In the event of (a) Customer's
death; (b) the filing of a petition in bankruptcy by or against Customer;
(c) the institution of any similar state, federal or other insolvency
proceeding by or against Customer; (d) the appointment of a receiver for
the Customer or of any assets of customer; (e) an attachment is levied
against Customer's account (or any of them); (f) a notice of levy with
respect to Customer's account (or any of them) is served on Broker by any
competent taxing authority; (g) Customer fails to meet any margin calls;
(h) Broker, for any reason whatsoever, deems the following necessary for
Broker's protection; or (i) Broker deems itself, for any reason insecure,
then Broker is hereby authorized, in its sole discretion, to sell any or
all of the commodity futures contracts, commodity options, and commodities
or other property of Customer which may be in Broker's possession, or
which Broker may be carrying for Customer, or to buy in any commodity
futures contracts, commodity options, and commodities or other property of
which the account or accounts of Customer may be short, or cancel any
outstanding orders in order to close out the account or accounts of
customer, in whole or in part, in order to close out any commitment made
on behalf of Customer, all without any liability on the part of Broker to
Customer or any third party. Such sale, purchase or cancellation may be
made according to Broker's judgment and may be made at its discretion, on
the exchange or other market where such business is usually transacted,
without notice to Customer or the legal representative of Customer, and
without prior tender, demand or call of any kind upon Customer or the
legal representative of Customer, and Broker may purchase the whole or any
part thereof free from any right of redemption, and Customer shall remain
liable for any deficiency. It being understood that a prior tender, demand
or call of any kind from Broker, or prior notice from Broker, of the time
and place of such sale or purchase shall not be considered a waiver of
Broker's right to sell or buy any commodity futures contracts, commodity
options, and commodities or other property held by Broker or owned by
Customer, at any time as herein before provided or to be deemed to require
any such tender, demand, call or notice on any subsequent transaction.
7. Delivery Month and Option Liquidation Instructions
Liquidating instructions on open futures positions maturing in a current futures month must be given to Broker at least five (5) business day prior to the first notice in the case of long positions and, in the case of short positions, at least five (5) business days prior to the last trading day. It is acknowledged that the purchase or sale of a futures contract may involve the making or accepting of delivery. In such case sufficient funds to take delivery or the necessary delivery documents must be delivered to Broker within the same period described above. If neither instructions, nor funds, nor documents are received, Broker may, without notice, either liquidate the Customer's position or make or receive delivery on behalf of the Customer upon such terms and by such methods which Broker deems to be necessary or advisable. Customer understands that: 1) in order to
exercise a commodity option, customer must affirmatively notify Broker prior to the applicable exercise and expiration date and time established by Broker from time to time; 2) the exercise and expiration date and time established by Broker may be earlier than those set by an exchange; and 3) failure to provide such notice will constitute an abandonment of the option by Customer.
8. Charges
Customer shall pay Broker (1) the
applicable initial, maintenance and variation margin requirements and
brokerage and commission charges and fees in effect from time to time; (2)
the premium, commissions, exercise fees, if any, and any additional fees
or charges described in the exchange Traded Options Disclosure Statement
on any commodity options transaction; (3) the amount of any loss that may
result from transactions by Broker on Customer's behalf; (4) the interest
and service charges on any Customer deficit balance at the rates
customarily charged by Broker together with Broker's costs and attorneys'
fees incurred in collecting any such deficit or portion thereof, and (5)
Broker's costs and attorney's fees incurred in defending against any claim
brought by Customer in any suit, arbitration or reparations proceeding in
which Broker is the substantially prevailing party.
9. Statements and Confirmations
Customer acknowledges that he
must carefully review the reports which he will receive relating to his
trading. Reports of the confirmations of orders and statements of the
accounts of the Customer shall be deemed correct and shall be conclusive
and binding upon the Customer if not objected to in writing within five
(5) days after transmittal to the customer by mail or otherwise. Such
written objection on Customer's part shall be directed to Broker, and
shall be deemed received only if actually delivered or mailed by
registered mail, return receipt requested. Failure to so notify Customer
acknowledges, authorizes and consents to the recording of Customer's
telephone conversations with Broker or any of its agents or associated
persons by means of electronic recording devices with or without the use
of an automatic tone warning device. Customer understands, authorizes and
consents to the use of such recording , and/or transcripts thereof, as
evidence in any action arising out of this agreement. Broker may, but
shall not be required to, erase such recordings on the seventh business
day following their production.
10. Communications
Reports, notices and any other
communications may be transmitted to Customer at the address given on the
Application, or to such other address of which Customer may from time to
time notify Broker in writing. All communications so sent, whether to such
other address of which Customer may from time to time notify Broker in
writing. All communications so sent, whether by mail, telegraph, messenger
or otherwise, shall be deemed transmitted when deposited in the United
States mail, or when received by a transmitting agent, and deemed
delivered to Customer personally, whether or not actually received by the
Customer.
11. Currency Fluctuation Risk
Customer acknowledges that
investment in commodity futures contracts is speculative, involves a high
degree of risk and is suitable only for persons who can assume risk of
loss in excess of this margin deposit. Customer understands that because
suitable only for persons who can assume risk of loss in excess of their
margin deposit. Customer understands that because of the low margin
normally required in commodity futures trading, price changes in commodity
futures contracts may result in significant losses, and such losses may
substantially exceed Customer's investment and margin deposit. The
Customer represents that he is willing and able, financially and
otherwise, to assume the risks of commodity trading, and in consideration
of Broker carrying his account(s), Customer agrees to in no way hold
Broker responsible for losses incurred through following its trading
recommendations or suggestions or those of its employees, agents or
representatives. The Customer recognizes that guarantees from Broker or
from any of its representatives, and has not entered into this agreement
in consideration of or in reliance upon such guarantees or similar
representations. Customer also acknowledges that he has received, has read
and understands the separate Regulation 1.55 Risk Disclosure Statement
relating to the risks in trading commodity futures contracts.
12. Risk Acknowledgment
Customer acknowledges that engaging in transactions in Contracts is highly speculative, and involves a high degree of risk. Customer further acknowledges that as a result of the low margin normally required in trading Contracts, Customer may sustain a loss in excess of the margin deposit or account equity, Customer represents that Customer is willing and able, financially and otherwise, to assume the risks of trading in Contracts and any losses sustained thereby and that the trading of Contracts is a suitable investment vehicle for Customer. Customer shall not hold broker liable for losses incurred in Customer's account, whether or not such losses were incurred through following Broker's trading recommendations or suggestions. CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS NOT RECEIVED ANY REPRESENTATION OF PROFIT OR FREEDOM FROM LOSS FROM BROKER AND HAS NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY SUCH REPRESENTATION.
13. Governing Law
This agreement, its
interpretation and enforcement shall be governed by the laws of the United
States and the State of New York. No legal or administrative action
arising out of this Agreement or transactions for customer's account may
be commenced by anyone more than two years from the date the cause of
action arose. Customer agrees not to commence any legal or administrative
proceeding against broker until any deficit balance in customer's account
is satisfied. This Agreement constitutes the entire understandings among
the parties with respect to the subject matter hereof. Wherever possible,
each provision of this Agreement shall be interpreted in such manner as to
be effective and valid under applicable law; but if any provision of this
Agreement shall be prohibited by or invalid under applicable law, such
provision shall be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the
remaining provisions of this Agreement.
14. Discretionary Trading
Customer understands that Broker
does not permit its Account Executives to either exercise discretion or
manage a commodity account or hold a power of attorney over a commodity
account, unless approved by an executive office of Broker and only after
proper documentation has been submitted and approved.
15. Trading Recommendations
Customer acknowledges that (1)
any market recommendations and information communicated to Customer by
Broker does not constitute an offer to sell or the solicitation of an
offer to buy any commodity or commodity futures contract; (2) such
recommendations and information, although based upon information obtained
from sources believed by Broker to be reliable, may be incomplete and may
not be verified; (3) Broker makes no representation, warranty or guaranty
as to, and shall not be responsible for, the accuracy or completeness of
any information or trading recommendation furnished to Customer. Customer
understands that Broker and/or its officers, directors, affiliates,
stockholders or representatives may have a position in and may intend to
buy or sell commodities or commodity futures contracts which are the
subject of market recommendations furnished to Customer, and that the
market positions of Broker or any such officer, director, affiliate,
stockholder or representative may or may not be considered with the
recommendations furnished to Customer by Broker.
16. Customer Representations
Customer represents that he or
she is not now an employee of any exchange, any corporation in which any
exchange owns a majority of the capital stock, any member of any exchange,
any firm registered on any exchange, or any bank trust, or insurance
company. In the event that Customer becomes so employed, he or she will
promptly notify Broker, in writing of such employment.
17. No Waiver or Amendment
No provision of this agreement
may be waived or amended unless the waiver or amendment is in writing and
signed by an authorized officer or Broker. No waiver or amendment of this
agreement may be implied from any course of dealing between the parties or
from any failure by Broker or its agents to assert its right under this
agreement on any occasion or series of occasions. No oral agreement or
instructions to the contrary shall be recognized or enforceable.
18. Binding Effect
This agreement shall be continuous and shall cover, individually and collectively, all accounts of the Customer at any time opened or reopened with Broker, irrespective of any change or changes at any time in the personnel of Broker or its successors, assigns, of affiliates, for any cause whatsoever; and shall be binding upon the Customer and/or the estate, executors, administrators, legal representatives, successors and assigns of the Customer. The Customer hereby ratifies all transactions with Broker effected prior to the date of this agreement, and consents that the rights and obligations of the Customer in respect thereof shall be governed by the terms of this agreement. Customer agrees that Broker may, from time to time, change the account number assigned to any account covered by this agreement, and that this agreement shall remain in full force and effect.
19. Termination
This agreement shall continue in
effect until terminated and may be terminated by the Customer at any time
when the Customer has no liabilities to Broker upon the actual receipt by
Broker and its home office of written notice of termination, or at any
time whatsoever by Broker upon the mailing or delivery of written notice
of termination to the Customer, provided, however, that any such
termination shall not effect any transactions therefore entered into and
shall not relieve either party of any obligations in connection with any
debit balance or credit balance or other liability or obligation incurred
prior to such termination.
20. Indemnification
Customer agrees to indemnify
Broker and hold Broker harmless from and against any and all liabilities,
losses, damages, cost and expenses, including attorney's fees, incurred by
Broker because any of the above representations and warranties are not
true and correct or the agreements made herein by Customer shall not be
fully and timely performed. Customer also agrees to pay promptly to Broker
all damages, costs and expenses, including attorney's fees, incurred by
Broker in the enforcement of any of the provisions of this agreement.
21. Application Information
Customer represents that the
information contained in the Customer Account Application appearing on
Page 1 of this form is true and correct, and that Customer will promptly
notify Broker at its home office in writing if any of the representations
contained therein materially change or cease to be true and correct.
______________________________________________
Customer's Name (printed)
X_____________________________________________ ______________________________
Customer's Authorized Signature
(and Title if Applicable) Date
If Joint Account:
X ____________________________________________
Customer's Name (printed)
X_____________________________________________ ______________________________
Customer's Authorized Signature (and Title if Applicable) Date
CUSTOMER ACCOUNT APPLICATION ACCOUNT NO. _____________________
________________________________________________________________________________________________________
CUSTOMER 1 CUSTOMER 2 (COMPLETE FOR JOINT, PARTNER ACCOUNTS)
NAME S.S # or TAX I.D |
NAME S.S # or TAX I.D |
||
ADDRESS |
ADDRESS |
||
CITY STATE ZIP |
CITY STATE ZIP |
||
EMPLOYER OCCUPATION |
EMPLOYER OCCUPATION |
||
ADDRESS |
ADDRESS |
||
CITY STATE ZIP |
CITY STATE ZIP |
||
HOME BUS. PHONE PHONE |
HOME BUS. PHONE PHONE |
||
CELLULAR PHONE/BEEPER FAX |
CELLULAR PHONE/BEEPER FAX |
||
DATE OF NO. OF MARITAL BIRTH CITIZENSHIP DEPENDENTS STATUS |
DATE OF NO. OF MARITAL BIRTH CITIZENSHIP DEPENDENTS STATUS |
||
UNDER $25,000 $25,000 TO $50,000 $50,000 TO $75,000
$75,000 TO $100,000 OVER $100,000
UNDER $25,000 $25,000 TO $50,000 $50,000 TO $75,000
$75,000 TO $100,000 OVER $100,000
under $50,000 $50,000 TO $ 100,000 $100,000 TO $250,000
$250,000 TO $500,000 over
$500,000
approximate risk capital for futures trading ___________________________
under $50,000 $50,000 TO $ 100,000 $100,000 TO $250,000
$250,000 TO $500,000 over
$500,000
approximate risk capital for futures trading ______________________
Bank |
TYPE | TRANSACTIONS PER YEAR | AVERAGE TRANSACTION SIZE | YEARS OF EXPERIENCE | DATE OF LAST TRANSACTION | |
Address |
STOCKS | |||||
Branch Telephone |
BONDS | |||||
Account Type checking savings other |
OPTIONS | |||||
account no. |
FUTURES | |||||
| TYPE OF TRADING TYPE OF ACCOUNT INITIAL
DEPOSIT TO ACCOUNT SPECULATIVE INDIVIDUAL
JOINT PARTNERSHIP
$ __________________________ HEDGE (SUBMIT SEPARATE HEDGE CORPORATE TRUST I.R.A. DESIGNATION FORM) |
||||||
PLEASE SIGN AND RETURN THE NECESSARY (PAGES 5 &10) AND OPTIONAL SIGNATURE PAGES.
SIGNATURE OF CUSTOMER 1 DATE APPROVAL OF BRANCH OFFICE MANAGER OR I.B. DATE
SIGNATURE OF CUSTOMER 2 DATE APPROVAL OF COMPLIANCE DEPARTMENT DATE
ACCOUNT NUMBER_______________
I ,
____________________________________________, do hereby certify that I am
the duly elected and acting Secretary of _______________________________
(the "Corporation"), a corporation validity existing under the
laws of the State of ___________________________, and I do further certify
that the following resolutions were duly adopted by the Board of Directors
of the Corporation in accordance with applicable statutes and the
Corporation's Charter and By-laws, and that such resolutions have not been
rescinded or amended and are now in full force and effect:
WHEREAS, the Corporation has full
corporate power and authority under its charter, by-laws and the laws of
its domicile to enter into contracts for the purchase, receipt, sale and
delivery of commodity futures contracts, commodities and related
investment;
NOW THEREFORE, IT IS RESOLVED AS
FOLLOWS:
RESOLVED, that it is in the best
interest of this Corporation to engage in trading, and otherwise dealing
in, commodities, commodity futures contracts and related investment;
FURTHER RESOLVED, that, in order
to induce U.S. Securities & Futures Corp. hereinafter referred to ("FCM"),
to act as broker on behalf of the Corporation, the execution and delivery
of a Customer Agreement, Risk Disclosure Statement Acknowledgment,
Disclosure Statement for Non-Cash Margin and Hedge Account Representation
Letter is hereby authorized and _______________is hereby directed to
execute such Agreements by and on behalf of the Corporation and to deliver
the same to FCM, the Corporation hereby ratifying all action of
______________________taken with regard to the account. Further resolved,
that, ____________________is authorized to open additional accounts with
FCM and to execute the Agreements specified in the previous paragraph by
and on behalf of the Corporation necessary to open such additional
accounts without the need for further Resolution of the Board of Directors
of the Corporation, the Corporation hereby ratifying all action of
______________________taken with regard to opening additional accounts.
X____________________________________ ___________________________
Secretary Date
In addition, in order to induce
FCM to accept an account in the name of this Corporation, this Corporation
represents, warrants and agrees as follows:
(a) In the event the foregoing
resolutions are rescinded or amended at any time, or any of the
representations and warrants in the Customer Agreement cease to be true
and correct at any time, the Corporation will promptly notify FCM at the
address for notices set forth in the Customer Agreement;
(b) The Corporation agrees to
indemnify and hold FCM, its successors and assigns, harmless against and
from any and all loss, damages or liability incurred because any of the
above representations or warranties shall, at any time, not be true and
correct or the above Agreements shall not have been fully performed by the
Corporation.
X_____________________________________ ___________________________
Corporation Name Date
X_____________________________________
President
I hereby certify
that__________________ is _____________________ of
________________________a corporation, that he is duly authorized to
execute this Agreement on behalf of the Corporation, and that the above
signature is his genuine signature.
X_____________________________________ (Corporate Seal)
Secretary
In
order to induce the U.S. Securities & Futures Corp. ("Broker")
to enter into the Customer Agreement, to which this Guarantee is attached,
with _______________________________________________________, refereed to
therein as Customer, and for other good and valuable consideration, the
receipt and sufficiently of which is hereby acknowledged, the undersigned
hereby, jointly and serially in the case of multiple guarantors personally
guarantee(s) the prompt, full and complete performance of any and all of
the duties and obligations of Customer and the payment of any and all
damages, costs and expenses which may become recoverable by Broker from
Customer.
This guarantee shall remain in
full force and effect until the termination of the Customer Agreement;
provided, however, that the undersigned shall not be released from
his/their obligations hereunder so long as any claim of Broker against
Customer which claim arises out of or relates to, directly or indirectly,
said Customer Agreement, is not settled or discharged in full.
The undersigned hereby expressly
waives notice of acceptance hereof, and of nonperformance, in any respect,
by Customer of any of its duties or obligations, as aforesaid.
This guarantee shall inure to
the benefit of Broker, its successors and assigns, and shall be binding on
the undersigned, his/their heirs and assigns.
WITNESS ___________________ ________________________, Individually
as Guarantor
________________________, Individually
as Guarantor
________________________, Individually
as Guarantor
Dated: _______________________
The undersigned ("Customer")
agrees that any claim, grievance or controversy arising out of or relating
to Customer(s) account, to transactions pursuant to the Customer Agreement
or the breach thereof, shall be settled by arbitration in accordance with
the rules of the National Futures Association, the American Arbitration
Association, or the exchange upon which the transaction giving rise to the
claim was executed. If Customer does not make such election by registered
mail addressed to U.S. Securities & Futures Corp. ("Broker")
at Broker's main office within forty-five days after demand by Broker that
Customer make such election, then Broker may make such election. Broker
agrees to pay any incremental fees which may be assessed by the forum for
the provision of a "mixed panel" of arbitrators, unless the
arbitrators determine that Customer has acted in bad faith in initiating
or conducting the proceedings. Judgment upon any award rendered by the
arbitrators may be entered in any court having jurisdiction thereof. If
Customer seeks reparations under Section 14 of the Commodity Exchange Act
(the "Act") and the CFTC (defined below) declines to institute
reparation proceedings, the claim or grievance will be subject to this
arbitration agreement. Any aspects of the claims or grievances that are
not subject to the reparations procedures (that is, do not constitute a
violation of the Act or rules thereunder) may be required to be submitted
to the arbitration procedure set forth in this agreement.
THREE FORUMS EXIST FOR THE
RESOLUTION OF COMMODITY DISPUTES: CIVIL COURT LITIGATION, REPARATIONS AT
THE COMMODITY FUTURES TRADING COMMISSION (CFTC) AND ARBITRATION CONDUCTED
BY A SELF-REGULATORY OR OTHER PRIVATE ORGANIZATION.
THE CFTC RECOGNIZES THAT THE
OPPORTUNITY TO SETTLE DISPUTES BY ARBITRATION MAY IN SOME CASES PROVIDE
MANY BENEFITS TO CUSTOMERS, INCLUDING THE ABILITY TO OBTAIN AN EXPEDITIOUS
AND FINAL RESOLUTION OF DISPUTES WITHOUT INCURRING SUBSTANTIAL COSTS. THE
CFTC REQUIRES, HOWEVER, THAT EACH CUSTOMER INDIVIDUALLY EXAMINE THE
RELATIVE MERITS OF ARBITRATION AND THAT YOUR CONSENT OT THIS ARBITRATION
AGREEMENT BE VOLUNTARY.
BY SIGNING THIS AGREEMENT, YOU:
(1) MAY BE WAIVING YOUR RIGHT TO SUE IN A COURT OF LAW; AND (2) ARE
AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS OR COUNTERCLAIMS WHICH
YOU OR U.S. SECURITIES & FUTURES CORP. MAY SUBMIT TO ARBITRATION UNDER
THIS AGREEMENT. YOU ARE NOT, HOWEVER, WAIVING YOUR RIGHT TO ELECT INSTEAD
TO PETITION THE CFTC TO INSTITUTE REPARATIONS PROCEEDINGS UNDER SECTION 14
OF THE COMMODITY EXCHANGE ACT WITH RESPECT OT ANY DISPUTE WHICH MAY BE
ARBITRATED PURSUANT TO THIS AGREEMENT. IN THE EVENT A DISPUTE ARISES, YOU
WILL BE NOTIFIED IF U.S. SECURITIES & FUTURES CORP. INTENDS TO SUBMIT
THE DISPUTE TO ARBITRATION. IF YOU BELIEVE A VIOLATION OF THE COMMODITY
EXCHANGE ACT IS INVOLVED AND IF YOU PREFER TO REQUEST A SECTION 14 "REPARATIONS"
PROCEEDING BEFORE THE CFTC, YOU WILL HAVE 45 DAYS FROM THE DATE OF SUCH
NOTICE IN WHICH TO MAKE THAT ELECTION. SEE 17 CFR 180.1-180.5.
YOU NEED NOT SIGN THIS AGREEMENT
TO OPEN AN ACCOUNT WITH U.S. SECURITIES & FUTURES CORP.
For Corporate/Partnership For Individual/Joint Accounts
(All account participants must
sign)
____________________________________ _________________________________________
Print Name of Corporate or
Partnership Signature Date
____________________________________ _________________________________________
Authorized Signature Signature Date
_________________________________ ______________________________________
Print Name & Title Signature Date
Name ________________________________________________________________________________
Address_______________________________________________________________________________
City, State, Zip
________________________________________________________________________
W-9 Section
Enter your taxpayer Identification Number. For ____________________________________
most individuals, this is your Social Security Social Security Number
Number.
____________________________________
Employer Identification Number
______________________________________________________________________________________
Certification -- Under penalties of perjury, I certify that :
(1) The number shown on this form is my correct Taxpayer Identification Number (or I am waiting for a number to be issued to me), and
(2) I am not subject to backup
withholding either because I have not been notified by the Internal
Revenue Services (IRS) that I am subject to backup withholding as a result
of a failure to report all interest or dividends; or IRS has notified me
that I am no longer subject to backup withholding
Certification Instruction
-- You must cross out item (2) above if you have been notified by IRS that
you are subject to backup withholding because of underreporting interest
or dividends on your tax return. However, if after being notified by IRS
that you were subject to backup withholding you received another
notification from IRS that you are no longer subject to backup
withholding, do not cross out item (2)
____________________________________________________________ ____________________________
Signature Date
W-8 Section_____________________________________________________________________________________________
Check here ___________ if this is
the account of an EXEMPT FOREIGN PERSON meeting each of the following
requirements:
1. You are neither a citizen nor a resident of the United States;
2. You have not been nor plan to be in the United States for a period aggregating 183 or more days during the calendar years; and
3. The gains from your
transaction with the broker are not effectively connected (related) to any
U.S. trade or business you are engaged in or plan to engage in during the
year, or your company has a tax treaty with the United States that exempts
your transaction from U.S. taxes.
If your mailing address is within
the U.S., please provide your non-United States address below:
Name:
_____________________________________________________________________________________________________________
Address:
___________________________________________________________________________________________________________
City, County, Postal Code: _____________________________________________________________________________________________
___________________________________________________________________________________________________________________
Certification:
Under the penalties of perjury, I
certify that the information provided on this W-8 form is true, correct,
and complete.
____________________________________________ ___________________________________________________
Authorized Signature Print Name &
Title Date
Date Sent: __________________________
Receiving Firm
To: Transferring Firm U.S. Securities & Futures Corp.
(Name and Address of Firm from which you are transferring) 100 Wall Street, 11th Floor
New York, NY 10005
(212) 509-8086
Firm Name: ______________________________
Account No.(s):
___________________________
Account Title:
____________________________
Account Address:
__________________________
Name of
Introducing Broker:
________________________
In accordance with the National Futures
Associate (NFA) Compliance Rule 2-27 please transfer immediately all of
the cash balances, open positions, and treasury bills or any collateral in
my (our) account to U.S. Securities & Futures Corp.
Very truly yours,
Customer Name(s) Printed Customer
Signature(s)
_______________________________
________________________________
_______________________________
________________________________
_______________________________
________________________________
If more than one party - All Parties must
sign.
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