BANK OF XXXXX DATE : ______________________ FORT BRANCH BOMBAY - 400 001 ACCOUNT NO. : ______________________
Dear Sir,
I/We request you to open an NRE savings / FD / FCNR / NRNR / NRO
Savings Account as per the details given below
| NAME IN BLOCK LETTERS | PASSPORT NO. | OCCUPATION |
|---|---|---|
I/we are interested in investing in India. In this regard I/we would like to authorize you as my/our portfolio manager and safe custodian of securities.
The above authority is given under the following terms and conditions :
1. I/we authorize to make investments in deposits and securities in my/our name, until instructions are given by me/us to the contrary in writing.
2. All the investments will be on my/our behalf and in my/our interest, and they shall be within the purview of the Indian laws.
3. I/we am/are non-residents of Indian Nationality resident outside India, within the meaning of the Foreign Exchange Regulation Act, 1973 (FERA).
4. I/we are desirous of investing the same in shares/debentures/units/fixed deposits and other securities of Indian companies/bodies corporate and government authorities. We agree to abide by your rules and regulations, as given in this letter and which may be framed by you from time to time.
5. I/we confirm that you have explained to me/us the risks associated with the investments mentioned above and am/are fully conscious of them. All risks and rewards of the investments made by you on my/our behalf, shall be mine/ours and you shall not be liable in respect of any resulting loss.
6. I/we appoint the Bank of XXXXX, Fort Branch as my/our designated bank for all the transactions required.
7. I/we understand that while every effort will be made by you to maximise the value of my/our investment, you as my/our fund manager do not assure me/us a minimum return on the investments you make on my/our behalf in accordance with this letter of authority.
8. I/we authorize you to sell all or any of securities held on my behalf as per your discretion in the best of my interest. However, you shall not buy any securities from the secondary markets unless written instructions are given to you by me/us. I/we may specify price limits for such purchases. You shall be at liberty to purchase at a price within the limit and within a reasonable time of receiving our instructions notwithstanding the fact that such price is not the lowest/highest prevailing on the date of such purchase/sale transaction. The price at which you may purchase/sell the securities on our behalf shall be binding on us. All sale proceeds will be credited by you to the relevant account referred in Clause 22. In case of purchase of the above mentioned securities, you will be entitled to release funds directly to the broker and agent concerned from and out of the above mentioned account.
9. I/We authorise you to make investments in the primary market i.e. Initial Public Offerings made by various companies as per your discretion. We also authorise you to pledge the NRE/NRO Fixed Deposits Receipts for availing the stockinvest facility on behalf. We also authorise you to make payments by demand drafts/cheques for firm allotment of securities in the NRI quota on my/our behalf.
10. You shall be entitled to appoint on my/our behalf brokers/agents for the purchase and sale transactions.
11. You shall hold the securities purchased by you or placed with you on my/our behalf, in safe custody and collect all dividends, interest and bonuses and credit the same to the above mentioned account.
12. You shall not pledge or give on loan securities held by me/us to a third party without obtaining a written permission from me/us.
13. I/We will not hold you responsible for any loss of Interest warrants or securities due to the irregularities of the Postal system or fraudulent organizations. However I/we understand that you will take all necessary steps, legal or otherwise, to recover losses due to such mishaps.
14. I/We hereby authorize you to debit our account referred to in clause 22 below for your service fees and expenses including charges for renewal of registration, monitoring of my/our investments, entering into transactions, making statutory returns, payments, brokerage fees, transfer fees and other expenses in relation to the making of investments.
15. I/We hereby irrevocably authorize you to earmark amounts from my/our account(s) referred to in clause 22 below towards likely purchase price payable on the securities to be purchased on my/our instructions and also towards tax liabilities and charges and other expenses payable to you.
You shall always have a lien on all amounts standing to the credit of any of my/our accounts referred below for any amounts due to under and in pursuance of this agreement.
16. For the services covered by this agreement, you will be entitled to a remuneration from me/us as per your current schedule of charges/commission/fees which is subject to change with prior notification.
17. I/We shall abide by all the foreign exchange laws, rules, regulations and directives of the Reserve Bank of India, the taxation laws and other statutory directives as prevalent in India. I/We agree that before repatriation of the proceeds from the sale of securities, I/We shall discharge all our tax liabilities in India. I/We agree to keep you indemnified at all times against any risk of whatever nature in respect of any such tax liability being levied on you on my/our behalf.
18. In the event of any demand being made on you by the taxation or other statutory authorities in India to pay certain amount toward purported tax liability in connection with or arising from the transactions carried out through you as our authorized representative and/or power of attorney. I/we authorize you to comply with the demand and pay such amount to the revenue or other statutory liabilities and advise me /us of your having done so and debit my/our account. You will be at liberty (but not obliged or required) to resist such demand if you at your discretion, think fit, and in that event you are authorized to incur any costs, charges and expenses required to so resist the demand including the cost of appointing any Chartered Accountant, Tax expert or Lawyer, but you will not be responsible if ultimately the demand is held to be proper and lawful.
19. I/We confirm that all investments purchases, sales, repatriations and remittances shall be subject to foreign exchange laws, rules, regulations, directions and instructions which Reserve Bank of India or the Government of India or any competent authority may issue from time to time.
20. I/We agree to indemnify and keep you indemnified against any loss that you may incur as a consequence, direct or indirect, of your doing any act here under and/or pursuant to the scheme in relation to our investments and I/we agree that your rights under this indemnity shall be enforceable at your option in the country where I/we are presently residing, in any other country where I/we may be residing at the time of such enforcement or in India.
21. I/We will execute a power of attorney in your favor for all or any of the matters in relation to the investments. You shall be authorized to debit my/our said account(s) for any costs, charges and expenses, which you may incur in taking any action under the said power of attorney.
22. I/We have a NRE Savings Account with the BANK OF XXXXX, Fort Branch. This agreement will be subject to our continuing to maintain such accounts.
23. This contract is valid for 36 months from the date of contract.
24. In the event of either partly deciding to terminate the contract, it shall be done by giving a 2 months notice in writing to the other party. In the event of termination of contract by either party all the securities will be handed over to me/us or disinvested as desired by me/us and the proceeds shall be credited to my/our bank account after recovery of all charges due to you.
Signature of first account holder
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I/We _______________________________ and _______________________________ residents of ___________________________ maintain the Non Resident External Bank Account Number __________________________ with the BANK OF XXXXX at its Fort branch in Bombay, India
For the purpose of operating upon the said Account, I/We are desirous of appointing an Attorney in the manner hereinafter appearing.
KNOW ALL BY THESE PRESENT THAT I/WE
do hereby Nominate, Constitute and Appoint, ________________________________ (hereinafter called the attorney ) as my/our TRUE AND LAWFUL ATTORNEY on my/our behalf to do all or any of the powers and authorities hereby conferred, that is :-
I. To open and operate FCNR and NRO Account on my/our behalf
through NRE Account No._________ and also such other bank accounts including accounts relating to Stockinvest and also signing of each and every Stockinvest: as may be opened by me/us from time to time and/or operate upon bank accounts on my/our behalf and in my/our names sign and endorse all cheques, negotiable instruments and dividend warrants drawn on and/or in respect and/or to be deposited into the
said account/s and to receive payments in respect of the same, accept and receive money orders and telegraphic transfer of moneys in my/our name/s and for said purpose to execute the necessary deeds, documents or transfer deeds or forms.
II. To discharge the term deposit receipt/s in my/our name
on my/our behalf for pledging the deposits to avail Stockinvest facility/ies in India in my/our name to execute all necessary documents for such facility/ies. To renew the term deposits in my/our name for such period or periods as you may in your discretion deem fit and thereafter, to discharge the said deposit receipt for and on my/our behalf and at all other acts and deeds as I/we am/are entitled to do
as the depositor and beneficial owner of the receipt.
III. To apply to the Reserve Bank of India or any other
authority for the operation of the said account/s and dealing with the moneys lying to the credit of the said account/s and for the purpose to execute any deed, document, application and to do all acts may be deemed necessary.
IV. To invest any of our moneys out of the aforesaid bank
account/s in or upon any shares or stocks, securities or debentures or debenture stock, bonds and units of joint stock companies and/or Government / Public undertaking, which my said attorney shall think fit, in our name or from time to vary the said investments or any of them into or for others of the same or like nature.
V. To sell, dispose or disinvest any investment made out of
funds lying to the credit of the above account.
VI. To enter into, make, sign, seal, execute, deliver,
acknowledge and perform any contract, agreement, deed, writing or thing that may in the opinion of my/our said attorney be necessary or proper to be entered into, made, signed, sealed, executed, acknowledged or performed for effectuating the purpose aforesaid or all any of the above purposes to use our names.
VII. To deduct at source, whenever required under law, all
taxes, levies, cesses, duties and remit the same to any statutory authority, and to file, furnish any return of income or declaration in relation to such Securities to or before any tax or Statutory Authorities, and for that purpose to sign, seal, execute, attest, verify any form, Challan, document or paper and to appoint any Chartered Accountant / Consultant, Advocate/Officer of the company or other
professionals as may be considered appropriate by our attorney.
VIII. To demand, collect, receive all moneys, amounts
realized from sale,transfer, surrender of any securities, as also all interest, dividend accrued, payable or due and invest/reinvest the same in any other securities/deposits upon such times that my Attorney may deem fit in the circumstances.
IX. To negotiate with any persons whether body corporate or
otherwise and effect the purchase/sale of Securities on such terms and at such prices as the said Attorney considers the best under circumstances together with delivery of such securities where necessary.
X. The term Securities shall include
shares, scrips, stocks, bonds, warrants, options, futures, convertible debentures, non-convertible debentures, fixed return investment, equity linked instruments or other marketable Securities of a like nature in or of any incorporated company or other body corporate, negotiable instruments including usance Bills of Exchange, deposits or other money market instruments, commercial paper, certificates of
units issued by Unit Trust of India and units issued by mutual funds, mortgage backed and other asset backed Securities issued by any institution or body corporate, cumulative convertible preference shares issued by any incorporated company and securities issued by the Central Government or a State Government for the purpose of raising a public loan and having one of the forms specified in Clause(2) of
section 2 of the Public Debt Act 1944, any other new form of capital or money market instruments that may be issued in the future by any incorporated company/ firm/ institution or Government.
XI. The said power for operation of accounts as well as
power made for investments vested in the attorney shall be exercised in accordance with and in compliance of the Rules and Regulations as may from time to time be prescribed by the Government of India acting through Reserve Bank of India and Securities and Exchange Board of India or otherwise.
And I/We do hereby for ourselves, our heirs, executors and administrators agree to ratify and whatever our said Attorney shall do or lawfully cause to be done in the premises by virtue of the premises aforesaid.
IN WITNESS WHEREOF I/We, the said __________________________________ and __________________________________ have hereto set our respective hands the ________________________ of ________________________ One Thousand Nine Hundred and Ninety Five.
SIGNED SEALED AND DELIVERED x _________________________
x_________________________
IN THE PRESENCE OF _________________________ (WITNESS)
SIGNED BEFORE ME _________________________
(NOTARY)
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