Nicca - Bank Account Form

HSBC The Hongkong and Shanghai Banking Corporation Limited Incorporated in the Hong Kong SAR with limited liability Savings/Current Account Closure Form lhe Managor HSBC, Bangladesh Gulshan Please close my/our account umbor (Please tick()where applicable) DCash ltanster to my/ou account number Demand Datt DD) lelegaphic lranster () *INsUmwe ot DVL, ploase fill up the Soart lon along wth suppng documenls Iulure CorespOndence AddrOSs Contact Number NIDISMat Cad/tassport Numlber Accessbity issues Branch/lelephone Avessiblty Ssues Onine/Mobile Compl.nts Comple/lengthy processes and procedures DIssatisticd with statf behaviour Mis nlomed/M1s sold product Un usedUn-presented Cheques HSBC Debit Card Reason tor AccountClosure To be filed up by the customer (Pleaso tick () where applicable) Name of the security items to be handed over Cancel the cardis) with immediate etfect and DEBIT my/our account for the entite amount outstanding. Savings Certificates/Bond Informations Standing Instruction(s) JCancel with immed1ate effect Beueicary AccOunt Number Signatu of 1 applicant MR. KOTARO TAKEUCHI Narme of 1 applicant Cahie' Oder (CO) Poase ill the detals bolow only for issuancO of CO Benetcary Bak Namo Contact Numberof the berneficiary Signature and proto ver1fed by HSBC official (seal with narne, designation and date) Addross of tho boneicary OCred1t Reasons (Bad debt etc) |O Deceased +880-173-590-1417 U Savings Cert1ficate/ Bond purchase from HSBC Bank account O Others (X), please specity ot No. C6,(BSEZ), Sonpara, Panchrukhi Via Rupganj Araihazar Narayanganj 1460 TT1404083 Savings Certificate/ Bond purchase (rom other bank by using HSBC Bank account EDDSsatistied with the product/teatures |JUEXpiry of promotions Kdentified more competitive produCl H|I Dissatislicd with the lecs/charges/pricing| olMoving away CUNo longer use the produc/leatures Cheque number from O Transter to account number (Please specify)| Pleaseprocess myfour request as mentioned above and deduct applicable charge(s) from mylour HSBC account number IWe understand that HSBC accepts no responsibility for anyloss or delay which may occur in the transfer, transmission and /or application of funds or (in the case of rem1ttance by telegraphic transter) for any error, omission or mutilation which may occur in the transmission of any message or for its mis1nterpretatior when receved and i/we agree to indemnity HSBC against any actions, proceed1ngs, claims and lor dermands that may arise in connection with such loss, delay, error omSSIOn, mutilation or m1sinterpretations. l/we undertake to pay HSBC on demand the full value of any transactions on mylour Deb1t Card which have not yet been processed together with any charge applicable. Signature of 2d applicant IWe acknowiedgethat Iam/we are responsible for destroying any unused cheque leaves and/or debit card which were not returned by melus to HSBC. at the rme of account clos1ng. Narme of 2dapplicant To be filled up by HSBC(Please tick (V) where applicable) BM's ondorsement Date (seal wilth name, designation and date) and pay the net balance by POPersonal circurnstances change oRefused to provide reason RU Sale of property/windfal ||U Stafferrors LOUnhappy with the policy to |VODomanWlnaclive Accounl closed Standards/| CCCSIM losure Issued by the Hongkongand Shangha Bank1ng CorporationLnted u Bangladesh |Octobes 2019| ....... (3rd applicant card) Card(s) enclosed herewith enclosed herewith Signature ot 3r applicant (1st applicant card) Name of 3 applicant (2ndappiicant card) Approved by HSBC otical Executed by HS8C offical (sealwith name, designation and date) (seal with name, designation and date) Page 1ot 1 HSBC The Hongkong and Shanghai Banking Corporation Limited Incorporated in the Hong Kong SAR with limited liability Savings/Current Account Closure Form The Manager HSBC, Bangladesh Gulshan Please close mylour account number (Please tick ()where applicable) D Cash Transter to my/our account number O Demand Draft (DD) O Telegraphic Transfer (T) "Issuance of DDTT, please fill up the Smart Form along with supporting documents Future Correspondence Address Contact Number NID/Smart Card/Passport Number D Accessibility issues Branch/Telephone Accessibility issues -Online/Mobile Complaints Un-used/Un-presented Cheques Reason for AcCount Closure: To be filled up by the customer (Please tick () where applicable) |EODissatisfied with the product/teatures |JOExpiry of promotions D HSBC Debit Card Name of the security items to be handed over Cancel the card(s) with immediate effect and DEBIT my/our account for the entire amount outstanding Savings Certificates/Bond Informations Complexlengthy processes and procedures HD Dissatisfied with the fees/charges/pricing D Dissatisfied with staff behaviour Mis-informed/Mis-sold product DCancel with immediate effect Beneficiary Account Number Signature of 1 applicant MR. KOTARO TAKEUCHI Name of 1 applicant D Cashier's Order (CO) *Please fill the details below only for issuance of CO. Benefic1ary Name Beneficiary Bank Name Branch Contact Number of the beneficiary Signature and pnoto verified by HSBC officia (seal with name, designation and date) Address of the beneficiary O Credit Reasons (Bad debt etc.) O Savings Certificate/ Bond purchase from HSBC Bank account O Deceased |KOldentified more competitive product D Others (X), please specity. Lot No. C6, (BSEZ), Sonpara, Panchrukhi Via Rupganj Araihazar Narayanganj -1460 +880-173-590-1417 TT1404083 |aoMoving away O Savings Certificate/ Bond purchase from other bank by using HSBC Bank account Standing Instruction(s) Cheque number from C|ONo longer use the product/features D Transter to account number (Please specify) Please process my/our request as mentioned above and deduct applicable charge(s) from mylour HSBC account number Signature of 2nd applicant To be filled up by HSBC (Please tick () where applicable) Name of 2nd applicant IWe understand that HSBC accepts no responsitbility for any loss or delay which ch may Occur in the transfer, transmission and /or application of funds or (in the case of remittance by telegraphic transfer) for any error, omission or mutilation which may occur in the transmission of any message or for its misinterpretation when recerved and l/we agree to indemnify HSBC against any actions, proceed1ngs, claims and /or demands that may arise in connection with such loss, delay. BM's endorsement IWe acknowledge that Iam/we are responsible for destroying any unused cheque leaves and/or debit card which were not returned by melus to HSBC, at the time of account closing. (seal with name, designation and date) Date POPersonal circumstances change |oO Refused to provide reason O Sale of property/windfall O Staff errors N VODorman/Inactive Account closed DO Global Standards/FCC/CSEM closure and pay the net balance by: |LOUnhappy with the policy Issued by the Hongkong and Shangha1 Bank1ng Corporation Limited in Bangladesh (October 2019| Y G (3rd applicant card) Card(s) enclosed herewith Signature of 3rd applicant Name of 3d applicant enclosed herewith Executed by HSBC official S (1st applicant card) (2nd applicant card) Approved by HSBC official (seal with name, designation and date) (seal with name, designation and date) Page 1of 1 error, omission, mutilation or misinterpretations. I/we undertake to pay HSBC on demand the full value of any transactions on mylour Debit Card which have not yet been processed together with any charge applicable. HSBC GENERAL ACCOUNT RULES FOR CORPORATE CUSTOMERS 1. GENERAL The terms and conditions stipulated herein ("Account Rules") constitutes an agreement between the Customer and the Hongkong and Shangha1 Banking Corporation Limited, Bangladesh ("HSBC Bangladesh" or "Bank") and is binding and applicable for ent1ties (non-individuals) opening,operat1ng, holding/maintaining accounts and receiving Services (as defined below) with HSBC Bangladesh. Where additionalterms and conditions are prescribed specifically in relation to any products, facility, account or services that the Bank provides to the Customer, the said additional terms and conditions shall also apply in addition to the terms and conditions contained herein. In the event of any conflict or inconsistency between the terms contained in these Account Rules and the specitic terms prescribed in relation to any other service, product, facility, business relationship, account or agreemnent between the Customer and HSBC Bangladesh, unless otherwise expl1citly stated under such prescribed specific terms, the terms and conditions prescribed under these (General) Account Rules, as armended, supplermented or modified from time to time shall prevail. 2. DEFINITIONS AND INTERPRETATION 2.1 Capitalzed terms used in these Account Rules are defined in Append1x I. 2.2 Unless the context otherwise requires, any reference in these terms and conditions to: a) a "Section","Sub-Section", "Clause" or "Appendix" shall be construed as a reference to a section, sub-section or clause of these terms and conditions or an appendix hereto; b) these Account Rules or any other agreement or document shall be Construed as a reference to the same as amended, varied or supplemented from time to time, and c)a statute shall be construed as a reterence to the same as amended or re-enacted from time to t1me, d) Reference to the singular includes the plural (and vice versa) 2.3 Section, Sub-section, Clause and Appendix headings used herein are for ease of reference only. AVAILABLE ACCOUNTS AND SERVICES 3.1 All Accounts and Services are offered on terms specified by the Bank. The Bank maydo any of the following without prior notice (a) introduce new or new types of Accounts or Services: (b) vary, suspend or withdraw any Accounts or Services (including not accepting a deposit); or (c) specify or vary the scope or extent of any Accounts or Services. 3.2 The Bank at its sole direction may provide or continue any Service and open and maintain Account of any type or nature at its discretion with distinct number provided by the Bank, in any currency, on the application of a company, corporation, unincorporated association or body (including a partnership, trust, joint venture or consortium), government, state, agency, organization or other entity (approved by HSBC) whether or not having separate legal personality in the form(s) and on terms and conditions as may be prescribed by the Bank from time to time. 3.3 Nothing contained in these Account Rules makes it obligatory for the Bank to offer any or all of the Accounts or Services to all customers and it shall be at the sole discretion of the Bank whether or not to offer, maintain or provide any Account or Service a particular applicant, 3.4 The Customer must provide legitimate documents, records and information to the Bank for opening. operation and maintenance of Accounts and/or receipt of Services as required and specified by the Bank from time to time. 4. INSTRUCTIONS Customer's Respons1bilities 4.1 The Customer must complywith all applicable laws and regulations in using the Services, Account or in conducting transactions or activities offered by/with the Bank. 4.2 Nether the Customer, nor to the knowledge of the Customer, any director, officer, agent, employee, affiliate or other person act1ng for or on behalf of the Customer is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of any applicable ant1 bribery and corruption laws, including (without limitation) Penal Code 1860 of Bangladesh, Prevention of Corruption Act 1947 of Bangladesh, Ant1-Corruption Commission Act 2004 of Bangladesh and the Prevention of Money Laundering Act 2012 of Bangladesh None of the Accounts or Services will be used by the custormer, directly or indirectly. for any payments that could constitute a violation of any applicatble ant1- bribery and corruption laws 43 The Customer may only open an Account or utilize a Service by issuing an Instruction in a form and by means acceptable to the Bank Bank's Rights and Responsibilities 44 The Bank has the right to do any of the following: (a) accept or refuse an Instruction, or (b) prescribe any condition at its discretion for accepting an Instruclion, without giving any reason. 4.5 The Bank is not liable for any loss, cost or damage of any kind incurred or suffered bythe Customer as aresult of the Bank exercising any of the rights referred to in Conditions 4.4 (a) or (b) above. 4.6 The Bank will only act on an Instruction if it reasonably believes the Instruction was given for or on behalf of the Customer or authorized by the Customer. The Bank is not liable if that belief is incorrect. The Customer will be bound by that Instruction as understood and executed by the Bank in good faith, even if. (a) the Instruction is incorrect, false or unclear; or (b) the Instruction was not given forlon behalf of or authorized by the Customer. 4.7 In the event the Bank at its discretion agrees to receive any information, forms, Instruction,records or documents (whether scanned or other electronic/digital form) pertaining to the Customer, Custorner Account or Services by e-mail or any other electronic or digital form from the Customer, the Bank is entitled to rely on any such information, forms, Instructions, records or documents issued/submitted from the e-mailaddress of the Customer, Customer's Authorized Persons or any of its authorized representative(s)/delegates as duly issued, provided, verified and authenticated by/on behalf of the Customer, vwithout any obligation upon the Bank to verify the source or authenticity and shall be fully binding upon the Customer; 4 8 Subject to the aforesaid terms, the Bank will act on an Instruction as soon as reasonably practicable folowing receipt. 5. NOMINATION (SOLE PROPRIETORSHIPS ONLY) 51 Sole Proprietorship Customers must nominate one or more persons to whom in the event of the death of the proprietor the balance of the account may be paid, in a form, contents and on terms and conditions as required and/or acceptable to the Bank from time to time 5.2 In the event of any dispute, including but not limited to the unavailability or other issue in connection with a nomination for or payment from any account with the Bank in the event of the demise of the account holder(s), the Bank may make payment on an appropriate judicial order or succession certificate issued by the court or upon other terms and conditions as the Bank as require and/or acceptable to the Bank. 6. AUTHORIZATION 6.1 The Bank may permit a Customer to authorize or confer/grant authority to individual(s) [singly or jointlyl ("AuthoriIzed Person(s)") to operate, issue Instructions or otherwise deal or transact with an Account maintained with the Bank or avail Services from the Bank, on behalf of and in the name of the Customer by a power of attorney, delegation of authority, resolution of the board of directors/governing body or other appropriate deeds/instruments, in a form, substance and on terms and Conditions as required and/or acceptable to the Bank from time to time Without limitation to the generalityof Clause 4 6 of these Account Rules, the Bank is authorized and may rely on any Instructions which purports to have been completed in accordance with the relevant stgning authority, even if it appears to benefit a signatory to the Instructions. 6.2 The Customer or any party duly authornzed by the Customer to act on its behalf shall provide to the Bank documents identifying the Authorized Persons The Bank is authorized to rely upon any such Issued by The Hongkong and Shanghai Banking Corporation Limited in Bangladesh Auqust 2021| customer or group of customers at any time. documents provided by any means, including electronically, and accepted by the Bank. 6.3 Subject to any written restriction received and accepted by the Bank, the Customer confirns that each Authorized Per son shall be authorized to: (a) perform al| lawful acts for and on behalt of the Customer in connection with any Account or Service, including. but not limited to, opening., closing and Accounts, signing any agreements including faclty agwemonts) docaratio)s or other documents relating to any Accounts or Services and execuion of any guarantees, indemnities or other undertak1ngs to the Bank and any other activ1ty/tomality related to the Account/Services, and (b) delegate thei authority toperform such acts to any person ndicated in any document provided to the Bank by any means, ncuding electroncally in the manner, form and substance acceptable to the Bank 6.4 The Customer contrms that each Authonzed Person is authonzed to act as described in these Account Rules until the Bank has received witten notice, in form and substance acceptable to the Bank, of any change to an Authoized Person, or to a person to whom authonty has been delegated in accordance with this Clause, arnd the Bank has hada reasonable opportunity to act onit. A signing authority and any changes thereto shall not continue to be in torce on the revocation thereof (in the manner above), or the death, dissolution, bankruptcy, incapacity, liquidat1on or wind1ng up of the Customer. A signing authority and any changes thereto shall not determine the succession, inheritance or right to the balances of the account. 7. CHEQUE B0OKS, CHEQUES AND OTHER MONETARY INSTRUMENTS 7.1 An application for a chequebook on eligible/applicable Accounts must be made on the Bank prescribed form, duly signed by the Customer or its Authorized PerSons for the purpose. 7.2 The Bank reserves the right to refuse issuance of chequebooks on accounts which are not maintained satistactorily and also when an excessive number of cheques from previously issued chequebooks remain unused. 7.3 The Bank may stipulate additional/supplementary terms and cond1tions in relation to, amongst others, issuance and use of cheques/chequebooks, drawing of cheques etc., including ters and conditions on the cover of the cheguebook, each of which shall be binding upon the Customer, in addition to the terms and conditions contained herein. 74 Cheque serial numbers, account number and name of account holder printed thereon as well as number of cheque leaves should be verified before use. Chequebooks should be kept in secured place/custody at the Customer's responsibility and Customer must immediately report to Bank of any loss of signed/blank cheques to stop payment in accordance with the terms herein. A charge as per Bank's tar1ff may be levied/recOvered for recording stop payments. 7.5 All alterations on cheques or monetary instruments drawn should be validated and authenticated by the drawer's fullsignature, otherwise payrnents of the cheques may be refused. The cheque will be returned unpaid if the drawer's signature differs from that on Bank's record. 7.6 Any cheque drawn shall be presented within reasonable time before the drawee bank and the applicable provisions of the Negotiable Instrurnents Act. 1881 and/or any other applicable rules, regulations and instructions in respect of cheque payments and clearance must be cornplied with. 7.7 The Custorner is solely responsible for ensuring that all cheques or other monetary instrurnents provided to the Bank are in order and that the details cont¡ined therein are accurate, verified and complete. Cheques or other monetary instrurnents should be written clearly, exercising due care and diligence and should not be drawn by any means which may enable a chequelinstrument to be altered in a manner which is not read1ly detectable and the Custormer shall take all reasonatble precautions 1o stop anyone altering or forging the cheques/instrurnents. 78 Befaore depositing any cheques or other monetary instruments with the Bank using any means or channels offeredor accepted by the Bank, a Custormer should ensure that such cheques/monetary instruments is in order on the face thereof, including, without limtation, that the same is appropriately dated and signed, and that the amounts in both words and figures rmatched. Wherethe Customer is requred 1o advise, complete or enter details of the cheques/monetary instruments when depositing the same with the Bank, the Customer agees that it is the Customer's sole responsibility to ensure that such details being advised, completed or enterod by tho Customor aro acCurato and complete nd that the Bank is entitled to rely upon the sane in iSsUIng rOCeIpts Such ocoipts issued shall for all puposes be issued subject to subsequornt venfication by the Bonk in its nonal cOursO ofl busin0ss. In the ovent of any discropancy betwoen the eCOpls and the outcome of the Bank's veuticauon. the oulcone of the Bank's verification shll be final and binding on the Customer and tho Bank shall be onttled to adjust the Accounts accordingly by debitingor crodit1ng tho sarme as the Caso nay be 79 710 AII inward temittances, cheques and nonetary instrurnent, are accepted for deposit into an ACCOUnt subject to final payrnent and the Bank is ontitled not to nake the procoeds available until they havo been cloaredlcollected The Bank roserves the right to charge the AcCOunts concorned with the appropriate amounts if, for whatever roason, any chegues and monetary instrumentsare subsoquently returned unpaid or partially paid or whoro the rornittance arnounts are not evontually received or otherwise subject to any dispule. If the inward rernittance or any choques and mnonetary instrurments (includ1ng the payrnent pursuant to the standing instructions of another person) is in a currency not supported by the Bank, the Bank has the right to convert it into Bangladesh Taka any other currency supported by the Bank at the prevailing buying exchange rate before depositing it into an Account. 7.11 The Bank will not accept 'Stale' i.e. cheques which are dated rnore than six months pror to date of presentrnent whether so presented by/on behalf of the Customer or bearer/payee or Post dated' cheques whether presented by/on behalf of the Custorner or bearer/payee for payments, unless there is separate agreement in place with the Bank for deposits of 'Post-dated'cheques as quided by the terms and conditions in the said agreement. The Bank will not accept "undated" cheques for payments. 7.12 When a clearing cheque valued above a certain threshold amnount (as defined/prescribed by the Regulators, Bangladesh Bank from time to time) is placed, the Bank will make reasonable atternpts to establish contacts over telephone with the issuing Customer/Custormer's Authorized Persons and thereafter, upon receipt of verbal and/or written confirmation (as deemed appropriate by the Bank) on the cheque so issued, the Bank shall (subject to any other necessary vertication and availability of funds) execute the transaction. When placing such high value payment Instructions over the prescribed threshold, the Custormer will be required to provide prior written intimation to the Bank or remain accessible through telephone number(s) that have been provided to the Bank. However, in cases where a Customer/Customer's Authorized Persons is not reachable through telephone nunber(s) provided to the Bank, the Bank shallreserve the right to deny the payment against the Cheque. In this regard, Customer shall be solely responsible to keep its contact information with the Bank updated at all times. 7.13 When new chequebooks are delivered to the Customer by post, It will be according to the address record of the Customer maintained with the Bank. The Bank assumes no responsibility for any delay or loss caused by any mode of delivery and the terms contained under Section 18 of these Account Rules shall be applicable with respect to such delivery. 7.14 The presentation, receipt, processing. payments and clearing of cheques/instruments shall at all times, where applicable be subject to regulatory guidelines and operating procedures, includ1ng the Bangladesh Automated Cheque Processing System (BACPS) or any other regulatory guidel1nes and operating procedures in force at time relevarnt time 8. STOP PAYMENT ORDERS 8.1 The Custormer may only countemand/stop payrment of a cheque by giving cleaa wilten instrucioms to the Bank tothat etfectun the manner form and substance acceptable lo the Bank-, includ1ng complete and accurate detals of the numbe of the cheque, the name of the payee, the Account, the date on which and the amount fo which the cheque has been dawn The Bank will only comply with such nstiuctons it all details accord suctly with those of the elevant cheque and the cheque has no been presented, and remas unpa at the me such stop paytnent instucuon s processed by tthe bank (withn bankng hours), Subecl oany easonable ume regured by the Bank t0 ietieve, pIOCOSS and vOuly any nstuucion However it n its discretion, the Bank accepts such an lostrucuoD otwithslandI) hat not all ot the equested Issued by The Hongkong and Shanghai Barnking Corporaton LWiled n Bangladosh |Auqust 2021| details are provided, the Bank will not be liable for any losses that the Customer may incur as a consequence. 82 The Bank has no obligation to act on an Instruction to stop payment if the Bank is unable to verify its authenticity. However, that does not restrict the Bank from acting on an stop payment Instruction at the Bank's d1scretion if the Bank believes in good fath that it is given or authorized by the Customer. In any case, the Bank iS not lable and the Customer will be bound by that Instruction if the Bank acts on it even if it is incorrect, false or unclear or was not given or authorized by the Customer. The Customer should confirm an Instruction as soon as reasonably practicable in a manner accepted by the Bank. 9. HSBCNET OR ANY OTHER ALTERNATE CHANNEUPLATFORM 91 Eligible Customers may apply for HSBCnet (nternet banking platform) and/or any other alternate channeUplatforrm etc. according to Bank's prescribed procedure and Customer should collect a copy of the respective 'user manualguidelines trom their branches or respective departments. The use of HSBCnet or any other platform/channel will be quided and governed by the terns and cond1tions of the respective channel/platform The Bank assumes no responsibility for inappropriate Use of anychannel or platform by the Customer or failure to comply with the appl1cable terms and cond1tions pertaining to such channel or platform. 9.2 The Customer agrees to at all times, in addition to complying with these ACCOunt Rules and the relevant terms and conditions pertaining to the channel/platform, exercise due diligence and good faith in using the channels/plattorms offered/rnade available to the Custorner; 93 If the Bank believes that the Customer or its Authorized Persons/delegates/users have in any way breached the applicable terns and conditions, the Bank has the right to, without further notice, suspend or terminate the use of the channelplatíorrn by the Customer and/or any one or more of the Authorized Persons/delegates/users. 10. DEPOSITS 10.1 The Customer acknowledges that all cash deposits must be handed directly to the Bank's Teller. The Customer agrees not to (and shall ensure that anyone depositing on Customer 's behalf does not) leave cash unattended until the Bank's Teller has physically accepted it and issued acknowledgment/deposit slip. The Bank shall not be liable for any loss suffered by the Customer as a result of the Custormer failing to comply with the provisions of this clause. 10.2 The depositor may need to produce his/her original Governnent issued photo ID over the counter while any cash deposits over a certain threshold as defined by the bank time to time. 10.3 Should the Custorner wish to use secured cash carrying services through HSBC/HSBC designated vendorthird party for cash transport/deposits, and courier service for instrument deposits and/or to utilize HSBC's alliance bank's network for cash and cheque deposits, such arrangement must be pre-agreed through separate agreements and shall be governed by the clauses set out in the designated agreernents. 10.4 The Custorner that all Account payee cheques should be llnarallel diagonal lines across the top lert crossed by drawing hand corner of the cheque before depositing and the Bank shall not be liable for any loss sutfered by the Customer as a result of the Custormer failing to do so. 10.5 If the Bank accepts deposits of banknotes, coins or cheques: (a) the Bank is only responsible for those deposits once the Bank has received, counted and verified those banknotes, coins or cheques (as applicable) in accordance with the Bank's practice and to the Bank's satisfaction; and (b) the Bank will only credit to the Customer's Account those banknotes, coins or cheques that the Bank has received, counted and verified to the Bank's satisfaction. 10.6 The following decisions are final and binding on the Customer: (a)the Bank's decision as to how to account for any discrepancy between the details specified in apay-n-slip and the banknotes, coins or cheques acconparnying that pay--slip which are received by the Bank, and (b) the Bank's decision to not accept any banknotes, coins or cheques deposited. 11. WITHDRAWALS 11.1 The Custorner shall ensure that there are sufficient funds (or pre-arranged credit fac1lities) in the Customer's Account to honour cheques presented on or debits rmade to the Account or for carrying out the Instructions relating to the Account, and the Bank shall not be liable for any consequences for failure therefore 112 The Account should not be overdravwn nor should cheques be drawn aga1nst funds in cOurse of realizat1on unless, special arrangenents have beern made vwith the Bank. The Bank will not honour any cheques drawn by the Custorner if in doing so the Account would become overdrawn and in such circumstances, the Bank reserves the right to debit the account with the charge for each returned cheque as per Bank's prevail1ng tariff. Besides, as per tariff there are sorne restrictions and charges for eXCesSIVe cash withdrawals and 11.3All depos1ts or transfers to a Custorner's AccOunt effected by cheque, bank transter or other instrunent or means which are subject to clearance or cornfrrmation are conditional upon fir1al payrnents in cleared funds being received by the Bank, and the Custorner may not withdraw the arnount proposed to be credted urnt1l final payrnent has been received by the Bank. If such final payrnernt is not received by the Bank, for any reason whatsoever, any cond1tional credit nade to the Custormer's AcCOunt pending final payrnent may be reversed, and the Customer shall be obliged to pay to the Bank irnrnediately the amount or any drawings made against any cond1tional cred1t and shall indemn1fy the Bank in respect of cost, losses and liabilities incurred by the Bank as a result thereof. The Bank is not liable, and the Custorner shall keep the Bank indemnified thereof, for any delay, cost, loss or liability resulting from any countermand, loss, dishonour, defect or irregularity in any instrument lodged with the Bank for honour, presentrment, protest or collection. 11.4 For making cash withdrawals, the Custormer agrees to verity and cOunt all cash received from the Teller before leaving the counter as the Bank will not be responsible and shall have no liability for any discrepancies once the cash has been handed over to the Custormer, 12. BANK TRANSFER &REMITTANCES Customer's Responsibilities Regarding Funds Transfer 12.1 The Customer may only effect a funds transfer (local or overseas) with the Bank by issuing an Instruction in the form, substance and by means acceptable to the Bank from time to time. If the Custormer desires a funds transter to occur on a particular date, that date must be clearly stated in the Instruction. 12.2 The Customer (and not the Bank) is responsible for ensuring the Customer has suitable information in relation to (i) any exchange control orrestriction which may be imposed by applicable laws and regulations, and (i) any charges which may be imposed by a correspondent or beneficiary bank or any other bank or a participant. 12.3 The Customer must ensure that the beneficiary acCount information provided to the Bank is correct and complete and satisfies the verification procedures adopted by the beneficiary bank. The Bank shall not be responsible for and willnot verify the beneficiary account information. Bank's Rights and Responsibilities Regarding Funds Transfer 12.4 Unless otherwise specified by the Bank, the Bank may do any of the following: 0) refuse an Instruction to effect a funds transfer, (ii) effect a funds transfer instruction using any routing arrangement at the Bank's discretion; (ii) send the funds transter either in words or in code. (iv) add/omit any word or code during transfer which allows it to be successtul as per agreement practice/ standards accepted/a dopted by relevant institutions/ bank1ng systems without causing any hange in (v) convert the currency of the tunds transter, if the beneficiary account IS in a currency that is d1fferent from the rem1tting currency: (vi) effect funds transter on the basis of a provisional exchange rate, subject to adjustment when the actual exchange rate is ascertained, and debit or cred1t any difference between the provisional rate and the actual rate toa Customer account. 12.5 While the Bank will endeavour to gve etfect to the Customer's requests regard1ng charges relating to funds transter, tthe Customer underslands that the Bank only has discretion regarding its own charges Where the Customer has requested to pay overseas charges or other bank's charges, the Bank will communicate such request but whether the beneficary carn teceive the full amount of the funds transter will depend Issued by The Hongkong and Shanghai Banking Corporation Lirnited in Bangladesh (August 2021| inter branch transactions over the COunter. Instruction provided by the Customer on the practice adopted by the correspondent bank and/or beneficiary bank and/or the participant involved, which is beyond the Bank's control and the Bank cannot be held responsible or liable for the same 12.6 The Bank is not responsible for: (i) any loss, delay, error, omission or alteration of the message which may occur in the transmission of a funds transfer Instruction, i) any misinterpretation by the recipient of the message in a funds transfer Instruction (n) processing a funds transfer Instruction on the day of the Bank's receipt, if the Bank's remittances department does not receive it before the relevant cut-off time, (iv) the funding arrangement requirements of the settlement banks; (iv) the availabil1ty of the relevant services- including. for example, the availability of the cleaing/settlement system of the applicable currency and the location of the correspondent or beneficiary bank or the participant 12.7 The Bank has the overrnd1ng rioht to refuse to prOcess or effect. without notice, paymnents of funds transfer, if the Bank reasonably believes any one of the following has occurred (i) there are insufficient available tunds in the Account specified in the Customer's Instruction from which payment is to be made, () any information given in the relevant Instruction is incortect, incomplete, or unclear, (ii) the relevant Instruction or processing of the relevant Instruction would breach any appicatble laws or regulations; or (v) the Customer has specified add1tional Instructions or requests relating the funds transfer, and those additional Instructions or requests are not acceptable to the Bank. Bank's Responsibilities and Limitation of Liabilities in Relation to Electronic Fund Transfer Networks 12.8 Where a fund transfer is effected through the Bangladesh Electronic Fund Transfer Network ("BEFTN") or Bangladesh Real Time Gross Settlement ("BD-RTGS") or National Payment Switch Bangladesh (NPSB) or any other fund transfer, clearing or settlement system/network in force, the Bank will process and submit the Customer's instructions and requests to such netwNork/system in accordance with the applicable rules, guidelines and procedures imposed by the central bank or relevant regulatory authority from time to time. The Bank has no control over the operation of such network/system nor the timing on which the Customer's instructions or requests are executed therein 12.9 The Bank is not liable for loss, damnage or expense of any kind for any delay, unavailability, disruption, failure, error of or caused under BEFTN, BD-RTGS or any other networkisystem, or arising from any circumstances beyond the Bank's reasonable control. Renittances 12.10 The Custormer accepts and acknowledges that all remittances (inward and outward)through HSBC Bangladesh are subject to foreign exchange laws and regulations (local), international reguiations/standards/practices as amended from time to time and Customer shall ensure cornpliance with all applicable foreign exchange 12.11 The Bank reserves the right to (i) stop any inward remittance in favor of the Custormer if the originator's information/beneficiary inforrnation received by the Bank is incomplete/incorrecUmissing, and the Bank shall not be liable to the Custormer for any consequences arising out of or in connection with the delay or rejection of the inward rern1ttance, (1) reverse any payrnents received from a resident external account for credit to the Customer's Account with the Bank if the rernittance is from a non-permitted source under applicable laws and regulations or whicth is not intended to credit the recipient or otherwise credited due to any bank error or (ii) ask for necessary information or docurments as required by the regulators or the Bank without which the rernittance may not be processed and/or credited iv) stop any inward remittance or reverse any if the nature or purpose of the payment violates any laws/renlatioe which may affect the payrnent 12.12 The Custorner agrees that the Bank shall not be liable to the Customer () for any loss or delay which may take place in the transter, transrnission andlor application of funds; in the case of telegraphic transters (as instructed by the Custorner or deemed necessary by the Bank), for any error, ornission or rmutilation which may take place in the transm1ssion of the rnessage (lteraly or in ciphe) or for its misinterprctation by the recevIng party when received, and the Custorner agrees to indernnify the Bank against any actions, legal proceedings, clairns and/ or dernands that may arise in connection with such loss, delay, error, ornission, mutilation andlor nisinterpretation or due to fluctuation of exchange rates 13. INTERESTS, CHARGES AND FEES General 13.1 The Bank may charge the Custorner fees for providing a Service ot maintaining an Account (including without limitation charges where this is applicable as per central bank guideline) from time to time as the Bank at its sole d1scretion thinks fit. 13.2 The Custormer is required to pay all costs and expenses reasonably incurred by the Bank in connection with the Services or an Account from tirme to time. Those costs or expenses may include applicable taxes, duties, VAT or levies payable in respect of the Customer's assets or expenses for preserving or enforcing the Barnk's rights in connection with the Services or Accounts 133 Interest Calculations Interest on an Account accrues (if applicable): (a) (b (c (d) on the credit balance in the Account, 13.5 on intervals as set by the Bank at the interest rate spec1fied by the Bank 13.4 Interest rates applicable from time to time on an Account will be displayed at the Bank's prermises and/or published on the Bank's website. If the interest rate is above zero, interest is payable by the Bank to the Customer and will become a credit entry to that Account at the 13.6 conpounded at such intervals as may be specified by the Bank. The Bank has the right to set or vary without prior notice, any minimum credit balance in an Account for interest to accrue. No interest willaccrue if the credit balance in the Account falls below the minimun credit balance set by the Bank. The bank may reverse any credit of Interest inadvertently paid without prior notice The Bank may stipulate a minimum maturity period for interest to accrue/become payable with respect to an Account or impose any additional criteria, terms and conditions with respect to any particular Account/category of Accounts, including terms related to forfeiture of interest rates in the event of non-attainment of maturity or non-fufillment of the said criteria, terms and Conditions. 13.7 If an Account is closed during an interest peri0d for any reason, interest will accrue only up to the last calendar day before the day of closure. 13.8 Where a negative interest rate applies to any currency, the Bank has the right to impose negative interest on credit balances on any Account (calculated in the manner and interval stipulated under Clause 13.3) that are denominated in such currency. Where such interest becormes payable by the Customer to the Bank, the Bank entitled to debit any of the Accounts for the purpose of setting such negative interest, irrespective of whether there are sufficient available funds. overdraft or other facilities in the said Accounts. If a debit causes the relevant Account to be overdrawn, the Customer is liable to repay the outstanding amount to the Bank on demand together with any fees. expenses and interest accruing on the outstanding amount at such rate Fees & Charges 13.9 AII administration, handling. service, facility. finance or other charges are to be paid by the Customer to the Bank for any Service provided or action taken in relation to the Customer's Account(s) and shall be levied at such rates as the Bank may from time to tine prescribe for that purpose, and any such charges may be debited without prior notice or consent to the Customer's all/any Accountis) with the Bank The CuSIomer is tesponsible for maintaning sutfieent balance in the Account to enable the Bank debit the Account for fees or charges. Where there is insufticient credt in the Account, the Bank reserves the 13 10 The Bank reserves the ight to amend, introduce and modity the fees, charqes and latiff by pIOVIing 30 days pror notice to the Customer or publish1ng announcement n Bank webs1te or by sendng SMS/enail. he anended tees, chauges dtfts shall be avalable in Bank's branches and also updateed n the pubic webs1te of the Bank and i shall be the esposibity of the Customets to ke'ep themselves updated with the prevalng tates of all lees and chaiges The Customer may obtan, trom any of the branches ot the Bank n Bangladesh, the thenprevailing rates of all cha ges, fees, Lantts as nay from time to tim be presCibed by the Bank Issued by The Hongkong and Shangha1 Bank1ng Corporaton mted n Bangladesh |August 202) laws and regulations (local and international) in force. end of each interval as set bythe Bank. as the Bank may specify. TIght to reject provisIOn of relevant Service 13 11 The bank may debit any amount due or payable by the custoner to the Bank from any of the accounts (suffixes) and may charge interest on any unpaid aount, from the due date the date bank receives payment (including VAT/gov. tax) etc. 13 12 The Bank may make currency conversions on any amount receved or payable in connection with a Service, using the Bank's applicable prevailing exchange rate The customer must pay the Bank's usual charges for such convers1ons. Ifa currency conversion transaction (or part of in) is cancelled, customer is liable for the costs relating to and any losses arising from the cancellation 14. TERMINATION, SUSPENSION/CLOSURE OF ACCOUNT 14.1 The Bank reserves the right at any tirne, tn its sole discretion and/or without assign1ng any reason to discontinue relations with any Custormner including but not lmited to closing Accounts, terminating. suspend1ng/discont1nung all o part of banking and other ServIces and fac1lities with a customer by providing prior notice, unless otherwise required by appl1cable laws and requlations (or save under exceptional CiICUmstances when termination may be made without notice). 142 The Bank reserves the right to put ahold (restricting debit and/or credit transactions) on any Account with or without notice if required under laws, regulat ions, jud1Cial or statutory orders, or as may be required by regulators of any appl1cable statutory authorities. In addition, The Bank reserves the right in its sole discretion to put a hold (restrict1ng debit and/or credit transactions) on any account, with or without notice to the Customer, if it is required for the provisions of Services or to comply with internal policies. 143 Subject to any applicable regulations, the Bank has the right to Suspend or terminate all or any part of the Services or Account with mmediate effect in case of Events of Default by the Customer. The following shall constitute Events of Default: (a) the Customer breaches or fails to perform or observe the terms of these Account Rules -this may include for exarnple, the Customer's fa1lure to settle any transaction or to pay any anount due or perform any other obligations in relation to the Services or Account; (b) any representation, warranty or statement which is made (or deemed to have been made) to the Bank by the Custorner proves to be incorrect in any material respect or it repeated at any time with reference to the fact and circumstances subsisting at such time would not be accurate ir allmaterial respects, or (b)the Bank believes or has reason to suspect that any of the following has ocCurred: i) the Bank has not been given a valid mandate: ()the Customer is not the true owner of the Account,or (ui) the Custorner does nothave authority to operate the Account. 14.4 ACustorner may at any time unilaterally terminate, close or discontinue Accounts and Services with the Bank by written notice of 30 (thirty) days prIor notice to the Bank in aform and substance acceptable 1o the Bank 145 Upon dosure or discontinuance, the Bank shall thereafter be released frorn any further obligations, and shall have the right to refuse payrnent of any cheqUe drawn by the custorner and subsequently preserted, accept ariy Instruction or process any transactions. 146 The Custorner shallbe held responsible for any and shallkeep the Bark indernntfied for all consequernces resulting or arising from 1erminaion, suspension, discontinuation or closure of Accounts and Serices, 147 The Custorner must pay to the Bank the full outstanding anount of ary loar/inances irncduding but not lirmited to the outstandirng arnourit of any overdraft under any facilny granted by the Bank, accrued interest, overdue payrnents, penal charges, applicable fees and charges of the Bark, etc. ("Outstanding Liatbility"). Notwithstanding any terrnination, SUspension, discontunuation or cdosure, in accordance with the preced1rng Clauses, the Custorner shall rernain liable for all amounts oving (whether actually or coningently) in respect of any Outstanding Liability together with all related charges thereunder 14 8 Uponclosure of an ALOunt, the Custorner shall forthwith return tor cancellaion or destroy all deposit advices, unused cheques, HSBCnet hard token (if applicable) and all other iterns or doCuments which have been provIded by the Bank in respect of or by reason of the Custormer mainta1ning the Account or receivingServices with/trom the Bank 149 The Bank shallclose the Account of the Customer and shall not pay against any cheques, bills, any financaal products/nstrurnents, process/carry out any transaction or Services if the Customer is adjudicated by the court as bankrupt or its business has been wound up upon instruction from court of laws, liquidator or receiver and/or any regulator with appropriate authority The Bank shall transfer the credit balance if any to eCustomer's assignee, receiver, and liquidator or as drected by any court of laws (as the case rmay be). 15. LIMITATION ON BANK'S LIABILITY 15.1 The Bank is not able for any loss, COst or darnage of any kind incurred or suffered by the Custorner as a result of any interruption, delay or failure (whether total or partial) in provid1ng any of the Services the Bank's equiprment or facil1ties to the Custorner or performing the Bank's duties and obligations in respect of the Services to the extent attributable to any cauSe or circurnstance that is bevond the Bank's reasonable control or the reasonable control of the Bank's agents or norminees. 15.2 Under no circurmstances is the Bank responsíble to the Custorner or any other person for: (a) any loss of profit or interest, indirect or conseguential loss arising frorm or in connection with the Bank providing, or failure or delay in providing. the ServicCes, or (b) the Customer's failure to provide cornplete, accurate and up-to-date information requested by the Bank in discharging its regulatory or legal duties. 15.3 Cheque/instrurnent requiring clearing through the BACPS or debi/credit transaction through the BEFTN or BD-RTGS or any other settlement/transfer/clearing systems i sin force from tirne to time is subject to the operating guidelines/ system rules of the said systern and netvwork (as the case may be) and also the technical sOundness of the said system and network (as the case may be) and the Bank shall not be responsible for the failure or delay in the clearance of any chequelinstrument or transaction through the relevant system/netWork due to technical failure of the relevant system/network and/or the fault/negligence of the other participating bank. 16. CUSTOMER'S INDEMNITY OBLIGATIONS 16.1 The Customer will indemnify and reirmburse (a) the Bank, (b) the Bank's agents and sub-contractors, (c) The Bank's officers and employees for all actions, proceedings and claims, which may be brought against the Bank or perSons/entities referred above and for losses, damages, costs and expenses which the Bank and/or persons/entities referred above may incur or suffer as a result of or in connection with the following: (i) The Customer's use of the Services or the Bank's provision of the Services to the Customer, maintaining an Account by/for the Customer, or etfecting any transaction with or for the Customer; (ü) The Bank's decision not to process any Instruction or delay or failure to act on an Instruction in part or in full for any reason; (i) any defaut by the Customer in performing its obligations contained in these Account Rules, any applicable laws and regulations, or any other applicable terms relating to any Services or Accounts. (iv) The preservation or enforcement of the Bank's rights or exercIse of the Bank's powers in connection with the Services or Accounts, and the terms andconditions contained herein. 16.2 If it is established that any actions, proceedings,claims, losses and damages were caused by willful negligence or fraud by the Bank, then the Customer shall not be liable under clause 16.1 to the extent that the same is direct and reasonably foreseeable arising directly and solely from such willfulnegligence and/or fraud. 16.3These indemnity provisions shall survive termination of these Account Rules, the Services and Accounts and any applicable terms in relation thereto. 17. BANK'S RIGHT OF LIEN AND SET-OFF 17.1 The liabilities owed by the Customer to the Bank at any time may (a) be actual or contingent, present, future or detered. primary or collateral, (b) be owed by the Customer solely or jointly with any other person/entity: and (c) include fees, expenses or interest. 17.2 Without limitng or reduc1ng any of the Bank's nghts under these Account Rules, n law or under any agieenent, the Bank is entitled wilhout prior notice l0 the Customer, to do the following (0r any of therm): (a) debit any lhabilities/dues owed tby the Customer to the Bank (ncluding any lees, expenses o Interes)trom any Account, irespective of whether thee are sutticiently available funds, overdr atts or other facities in the velevant ACCOunt, (b) withhold, combine or consoldate Issued by The Hongkong and Shanghai Banking Corporation Liiled in Bangladesh (August 2021| the balance in the Accounts (including between multiple accounts held/maintained by Customer); (c) set-off or transfer any money (in the form of credit balance or credit facility) standing to the credit of any Account in or towards the settlement of any liabilities owed by the Customer to the Bank in connection with the Accounts, Services or under these terms and conditions (including with respect other Accounts of the Customer); and (d) refuse to repay the Customer any amount in any currency standing to the credit of the Accounts when due or on demand by the Customer, to the extent such amount is equal to or less than the liabilities owed by the Customer to the Bank 17.3 Ifany debit/set-oft as stated above causes the relevant Account to be overdrawn,the Customer is liable to repay the outstand1ng amount to the Bank on demand, together with fees, expenses and interest accruing on the outstanding amount at the rate set by the Bank. If the Bank makes such denand, the amount demanded will rermain outstanding to the Bank on substantially the terms and conditions in force immediately before the Bank made the demand or on such other conditions considered appropriate bythe Bank 17.4 The Bank's rights under the aforesaid terms shall not be affected by the death or legal incapacity of the Customer or any person(s) comprising the Customer. 17.5 The Customer acknowledges and agrees that, at any time, the liabil1ties the Bank owes the Custorner will not exceed the net amount of any credit balance or credit facility standing to the credit of any Account after deducting or providing for the total of all liabilities the Customer owes the Bank. 18. COMMUNICATIONS WTH CUSTOMER 18 1The Customer warrants that allparticulars given to the Bank are, to the best of the Customer's knowledge, accurate and up-t0-date. The Bank may use any contact information provided by the Customer (or where applicable, its Authorized Persons) and kept on the Bank's records (including without limitation, the Customer's registered office, postal address, telephone number, email address, and fax number) to communicate with the Customer or the Customer's Authorized Persons (whether through letters, telephone calls, SMS, fax, email or other means). 18.2 The Bank may stop sending the Customer (or where applicable, its Authorized Persons) any communication if, in the Bank's opinion, such communication will likely fail to reach the Customer or its Authorized Persons. 18.3 Any communication delivered personally, sent by post, facsimile transmission, telex or email shall be deemed to have been received by the Customer (or where applicable, its Authorized Persons), where delivered personally at the time of personal delivery or on leaving it at the address last notified in writing by the Customer to the Bank, where sent by post 48 hours after posting if such address is in Bangladesh and seven days after posting if such address is outside Bangladesh or where sent by facsimile transmission, telex or email immediately after transmitting to the facsimile or telex number or email address last notified in writing by the Customer to the Bank. Communications sent by the Customer and/or its Authorized Persons to the Bank shall be treated as delivered to the Bank on the time of actual receipt during banking hours. A charge as per Bank's tariff will be realized for the COurier services (if applicable). 18.4 All cormmunications sent by the Customer or its Authorized Persons to the Bank must be in the form, and must be sent by means, acceptable to the Bank. The Bank is not required to act on any communication if it IS not in the form or sent by means acceptable tothe Bank and is not hable for any Loss of any kind incurred or suffered by the Customer as a result of the Bank consequently refusing to act on any such Communication 185 The Custormer nust notify the Bank of any change of any the following, including but not limited to (in such manner as may be (a) its address or contact details, (b) its directors, shareholders, partners or controllers (as applicable), (c) its legal statuS, or (d) its constitutional documents 186 The provisions under this Section 18 does not limit or reduce the effect of any other terms and cond1t1ons that apply to ether: (a) the issuing of Account statements, transaction advice or confirmation by the Bank to the Customer, or (b) the qiving of Instructions by the Customer to the Bank. 19. DORMANT AND UNCLAIMED ACCOUNTS 19.1 Accounts which remain inoperative/inactive for a continuous period of 12 (twelve)months (excluding transactions/operations initiated by the Bank) shall be classified by the Bank as "Dormant". Current Accounts being in Dormant status for one year and Savings Accounts being in Dormant status for two years willbe classified to "Unclaimed" Account status. 19.2 The Custorner wil not be able to transact on a Dormant or Unclaimed Account until the Customer reactivates the Account in the manner prescribed by the Bank 19.3 The Bank willact in acCordance with the provisions of Section-35 of the Bank Company Act 1991 and any applicable regulatory guidelines, in relation to any unclaimed deposits. 20. ACCOUNT STATEMENTS 20.1 Statements of Accounts (except for Accounts categorized as Dormant or Unclaimed) are issued on a monthly/quarterly basis or such other frequency as per client instruction and/or as deterrnined by the Bank If statements are regquested in frequencies higher than the above or duplicate statements are required or signed paper copy staternents are required, charges will be levied as per the prevailing tarnf. 20.2 The Customer agrees and undertakes to promptly examine each statement of Account and check all entries and transaction therein and notify the Bank in writing for any discrepancy, omission, inaccuracies or disagreement whatsoever arising from whatever cause, including fraud and forgery with regard to the transactions detailed in the statement of Account within 15 (fifteen) days of receivingthe staternent of Account. In the absence of any such notice in writing from Customer, it shall be deemed that the Customer has accepted all entries in the statenent of Account and waived any right to raise objection against the Bank relating thereto. 21. FOREIGN CURRENCY TRANSACTIONS 21.1 Subject to applicable laws and regulations, if the conversion of one currency into another currenCy is required or appropriate for any transaction, that conversion will take effect at the Bank's prevailing exchange rate at the time of conversion or such other rate as agreed between the Bank and the Customer. Any exchange rate provided by the Bank at any other time may differ from the rate at which the Bank effects the conversion and is for reference only. 21.2 Before carrying out a currency conversion transaction, the Bank may require the Customer to provide information or documentation to prove that such transaction is in compliance with all applicable laws and regulations, including those issued by any regulatory authority. governmental agency (including tax authority), clearing or settlement bank, exchange or industry or self-regulatory body from time to time. The Bank has the right to refuse to carry out a currency conversion transaction if the Bank is not satisfied with the information or documentation provided by the Customer for such purpose. 22. SANCTIONS 22.1 The Customer represents and confirms that neither (i) the Customer, (i) any of the Customer's subsidiaries, nor (i) any of the Customer's d1rectors, officers, enployees, agents or affil1ates or that of any of the Customer's subsidiaries, is an individual or entity ("Person") that is, or is owned or controlled by Persons that are: (a) the subject of any sanctions administered or enforced by the US Department of the Treasury's Office of Foreign Assets Control, the US Department of State, the United Nations Security Council, the European Union, Her Majesty's Treasury, the Hong Kong Monetary Authority or any other relevant sanctions authorities (collectively, "Sanctions"); or (b) located, organ1zed or resident in a country or territory that is, or whose government is, the subject of Sanctions, including the Crimea region, Cuba, Iran, North Korea, Sudan and Syria. 22.2 The Customer agrees that the Customer will not, directly or indirectly, use the funds in any Account or any financing provided by the Bank, or lend, contribute or otherwise make available such funds to any subsidiary. joint venture partner or other Person (Y) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such fundng, is, or whose government IS, the subject of Sanctions, or (b) in any other manner that would result in a VIolation of Sanctions by any Person. Issued by The Hongkong and Shanghai Bank1ng Corporation Lmited in Bangladesh |August 2021| prescribed or accepted by the Bank from time to time): 22.3 Without prejudice to any other rights of the Bank undor these Account Rules, the Bank also reserves the following nghts and shall not be held liable for losses, costs/damages the Customer may incur as a result of the exercise of these rights. (0) Blocking, rejecting or otherwise declining any ltansaction for compliance with applicabie sanctions laws or tequlations, HSBC's sanction policIes or transactions wthich fall outsdo of HSBC's isk appetite. () Reporting bleaches (oncudng for attempls by Custome lo evade sanctions laws) of sanctions laws tothe relevant equlatory authority 23. FINANCIAL CRIME RISK MANAGEMENT ACTIVITY 23 1For the purposes of these Account Rules, "Financial Cunne Risk Management Actvty" includes each of the followIng ) sCteening. interceping and investigating any Instruction, CommUnICation, drawdown request, appl1cationfor Services, or any payment sent to or by the Custorer, or on the Custome's behalf, (iü) investigating the SOUrce of, o ntended tecpent of funds, (u) combining Customer Information with other related infomation in the possession of the HSBC Group, or (v) makIng further enquries as to the status of a porson or entity, whether they are subject to a sanctions regime, or ContirIing the dentty and status of the Customer or that of Connected Person. 23.2 The Bank and HSBC Group's Financial Crime Risk Management Act1vity may lead to the delay, blocking or retusing the making or clearing of any payment, the processing of the Customer's instructions or application for Services or the proVision of allor part of the Services. Tothe extent permissible bylaw, neither the Bank nor any member of the HSBC Group willbe liable to the Customer or any third party in respect of any loss, damage or costs (however it arose) that was suffered or incured by the Customer or athird party, or caused in whole or in part P in connection with the undertak1ng of a Financial Crime Risk Management Activity 24. TAX COMPLIANCE 24 1The Customer acknowledges that the Customer is solely responsible for understanding and complying with its tax obligations (induding tàx payments or filing of returns or other required documentation relating to the payment of all relevant taxes) in all jurisdictions in which those obligations arise and relating to the opening and use of Accounts or Services provided by the Bank or members of the HSBC Group. Each Connected Person acting in is capacity as a Connected Person (and not in its personal capacity) makes the same acknowledgement in its own regard. 24.2 Certain countries may have tax legislation with extra-territorial efect regardless of the Custorner or Connected Person's place of domicile, residence, catizenship or incorporation. Neither the Bank nor any member of the HSBC Group provides tax advice. The Customer is advised 10seek independent legal and tax advice. Neither the Bank nor any member of the HSBC Group has responsibility in respect of the Custorner's tax obligations in any jurisdiction which may arise including any that rnayrelate specitically to the opening and use of Account(s) and Services provided by the Barnk or members of the HSBC Group. 25. CUSTOMER DATA/INFORMATION Collection, Use, Disclosure etc. of Customer Data/lnformation 25 1The Custorner acknowledges and irrevocably agrees that the Bank may at ts d1scretiorn collect, use, store, process, disclose, transter and share Custorner inforrna1on both nside and outside Bangladesh for (arnongst others) the following purposes and any other purposes related olrcdental to the below purposes (Collectively the "Purposes": considering applications, Instrucions or other requests related to Aourits and ServIces, () proASing, reviewing. approving. managng, adminstenng or effei/rovidirg Accounts, ServiCes or any transaction that the Custorer tegutsts of authorizes, (uy roee'irg Corplance Obligations, Iiv) onductirg finanial Crme Rsk Manayernent Acvily, (/) coliec1ng afy anounts due from the Customer and from those fI0Sg quaranitee of secuityfor the Custorier's obligaions, lvi) conducting Uedn checks and oblaning or provIdng CIedt references, (vi) exc1aSing, enforcing or delending the Bank's rights oughs of any member of the HSBCGroup, (vn) meeling the Bank's operational requirerments or that of the HSBC Group (ncluding Crodit and risk management, systerm or product development and planning. insurance, audit, inspection and administrative, Oversight, managerment and governance purposes). ix) creating and rmaintaining th Bank's credit and risk related models, (x) ensuring the Custormer's ongong credit worthiness and of those (xi) makoting, designmg. nprovng or prornoting Accounts or Servicos or tolatod products and faclhties to the Custormer (and to Connected Persons lo the oxtent perrrussitble by applicable laws) and Conductg market research and analysis, (xI) doterrnining the amount of indebtedness wed to or by the Customot and by those providing a quarantee or security for the Custoner's obligations, (xi) transter, assignrment or sub contracting the prosion of any part of the Services provided to the Custorner and receipt of any services ty the Bank in relation to its operations or ary activities referred herein, frorn its vendors, contractors/service providers (xiv) complying with any obligations, requrerrents or arrangernents Ihat the Bank or any of the Bank's branches or any rnernber of the HSBC Group is required or expected to Cornply with, acGord1ng to (a) any lavws, judicial orders or judgrnents, regulations or Cornpltance Obligations. (b) any codes, procedures, directives or guidel1ines gven or ISSued by any government, regulatory authority or law enforcernent agency. (c) regulatory reporting. includ1ng on susprcious transactions of activíties; (d) any present or future contractual or other comntment or obligation with any governnent or regulatory authority with (urisd1ction over all or any part of the HSBC Group; or (e) any agreement or treaty between government or regulatory authorities: (xv) complying with any obligations, requirements, policies. procedures, measures or arrangenents for shar1ng data and information within the HSBC Group or any other use of data and information in accordance with any programs for compliance with sanctions or prevention or detection of Financial Crime: (xvi) meeting any obligations, orders, dermand or request from government, regulatory authorities or law enforcement agencies, (xvi) enabling the Bank's actual or proposed assignee, or participant or sub-participant of the Bank's rights in respect of the Customer to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation; (xvii) maintaining the Bank or HSBC Group's overall relationship with the Customer; and (xix) any purposes relating to or incidental to any of the above 25.2 The Bank may (as necessary and appropriate for all or any of the Purposes) transfer, share, exchange and d1sclose Customer Information to all such perSons as the Bank may consider necessary (wherever located, including outside Bangladesh) including any mernber of the HSBC Group; (ii) any sub-conlractors, agents, service providers, plattorm/system providers/operators or associates of the Bank or HSBC Group (including their employees, representatives, agents, contractors, professional advisors, directors and officers). (u) any government or regulatory authonties, law entorcement agencies, courts o udical bodies in response to ther requests. demands of requiremnents, (iv) Porsons actng on Custorner's behalf, paynent recipients, beneticianes, account nomnees, internedary, correspondent and aqent banks cleaing houses, cleaing o settlement systems, market Counterparttes, payment caads/solutions provIders and intermediarnes, upstreamn willhokting agents, swap or trade repositoues, transactons systems and platfoms proviter s/operators, debt collection agences, stock exchanqes, companies in which Customer has an nterest in Ssecuies (wheie such sec unies oe hekt by the Bank for the Custome) (V) thrd parly tewaid, loyaliy, obuandng and prvleges piogram piovderS, co brnng patnets of HSBC Bangladesh or any member of (v) ony paity to a tausacion acqumgnterest in, ot asSuming rIsk in Issued by The Hongkong and Shanghan Bankng Coporaton Iuotled un Bangladesh |August 2021| ptovding guaranten or security for the Customer's obligat1orns, Ihe HSBC GHoup, or inconnection with, the SerVICes, (vi) other banks and finarncial inst1tutions, cred1t reference aqencies or (Vi) in connection with any HSBC/HSBC Group business transfer, disposal, nerger of acquisition, () any persons under a duty of confidential1ty to HSBCBangladesh or a member of the HSBC Group which have undertaken to keep such data confidential. 25.3 Without limitation or prejud1ce to the general1ty of the toregoing. the Customer itrevocably agrees that the Bank may transter or sub contract the provisIon of any part of the ServICes provided to the Custormer to any thnd party and/or to another member of the HSBO Group whethe or not that thrd party operates n another unsdiction or The Customer territory. Such and understands that agrees transter/sub contracting shall entalsharing any Customer Infomation 25 4 The Bank may make such enquites from time to time, in addition to those as may be required by law or requlations applicable to the Bank, the Customer, the Account or the Service, as the Bank may consider approprnate in connection with the Customer and AcCOunt with the Bank The Customer agrees to provide the Bank with all such information, particulars and documents as the Bank may require frorn time to time to satisty itself in connection with the Customer's status, background and deal1ngs with the Bank. The Customer warrants that all particulars, intormation and documents which the Customer has given or may gve to the Bank trom time totime shallbe accurate, complete, correct and true and that the Customer will notify the Bank of any changes thereto fronm time to time forthwith and in writing. Customers' Responsibilities 25 5 Customers shall be responsitble for keeping information, documents, records and data pertaining to its Accounts, Services, transactions etc. secured and must not give their chequebooks, PIN/Password, banking security device, account staternent etc. to unauthor1zed person and keep therm secured at alltimes. 256 The Customer acknowledges that the Bank is required to carry out due diligence to identify and ascertain the background of its Custoner and keep up to date records pertaining to the Custorner. The Customer agrees to sign such declarations, do such acts and/ or provide such information, data, records and documents requested by the Bank for this purpose within the stipulated time period. 25.7 The Customer agrees to inform the Bank promptly and in any event, (unless otherwise specified by the Bank) within 30 days in writing if there are any changes to Customer Information supplied to the Bank or a member of the HSBCGroup from time to time, and to respond promptly to any request for Customer Information from the Bank or a member of the HSBC Group. 25.8 The Customer acknowledges and agrees that it will take such steps (including ensuring necessary consen/lawful authority) as are required frorn tirne to time for the purposes of any applicable data protection law or secrecy law to permit the Bank to use, store, disclose, process and transter all Custorner lnformation in the manner described in these Account Rules. The Custorner agrees to inform the Bank promptly in writing if the Custorner is not able or has failed to cornply with the obligations set out in these Account Rules in any respect and shall Indernnty and hold harmless the Bank for any claims, losSses, expenses or darnages incurred by the Bank as a result of the Customer's failure to Conply with the aforesaid obligation. 259 In order to cornply with any request for infor mation ("lax Inforrnation Reaquest") rade by anytax/revenue uthority in accordance with any local or foresgn law, legislation or regulaion and/or lo satisty the Bank's tax reporting and accounting obligations, the Customer agrees that the Bank nay collect, store, use, process, disclose and report to any such tax/revenue authorDty any personal tax inlormation, financial inforrnaton or addtional intornation that the Bank holds or that the Custorrer provides to the Bank VWhere the Bank issues a written request (the "Request"), the Custorner agrees to provide the Bank with any personal tax intornation, financal ntounation or additional intormation that is specitied in the Request (individually or collectively. the "Required Information"). 25.10 If the Custorner fails to provide the Bank with any of the required information or to take such other action as is spocified by the Bank in the Request within the tirne period specified in the Request, the Bank shall be entitled to reach whatever conclusions the Bank considers 1o be approprate as to the status of the AcCOunt incud1ng th¡t the Account falls within the terrns of the Tax Inforrnation Request or is otherwise reportable to the concerned tax/revenue authority and the Bank shall beenttled to cornply with rts taz reporting and accountung obligatons accordingly. Irrespectrve of the actual status of the Account. 2511 Without preudce to any other terrms and cond1tions under these ACCOUnt Rules or lirmitation to ariy other rights of the Bank, the Bank nay do ny of the folloing in the event of the failure by the Customner to p OvIde any info rnat1on, records, data or docurnents as (u) refuse to Continue t0 proVIde all or part of the Services to the relevant Custormer, rofuse to provide new Servces to the relevant Custorner, (u) refuse to process or cornply with any reauest/instructions for ansactions, (Iv) torminate its relat1onsh1p with the relevant Custorner, (v) take actions necessary for the Barik or a rnernber of the HSBC Group to rmeet the Cornpliance Obligations, or (vi) block, suspend, transfer or clOse the relevat Custorners Accuts where perrnitted under local laws. 26. DOCUMENT MANAGEMENT 26 1The Custorner acknowledges that the Bank is not obliged to provide copies of any cheques, cashier's orders, bank drafts, receipts, Confirmations, advices, vouchers, docurnents, recordings or other iterns (collectively, "Docurments") relating to any type of Accoumt b) After the document has been archived electronicallyor microfilrned by the Bank (i.e. scanned or digital image forrns) After the Bank has cornpleted the relevant transaction c) After the Account has been closed by the Custormer or by the Bank 26.2 The Custormer agrees that the Bank shall nÍt be liable for any loss suffered by the Custorner due to the unavailab1lity of the Documents which have been dealt with by the Bank according to the Bank's document retention policy. 27. RECORDINGS 27.1 In the course of providing the Accounts and Services, the Bank (or any of the Bank's agents or nominees) may record and monitor Instructions Comnunications (includirng telephon everbal communications) with the Custorner by tape, video or other means. The Bank has the right to destroy such recordings after such period as the Bankconsiders appropriate. Such recordings, beingthe sole property of the Bank, shall be conclusively binding on the Customer and shall be admissible as evidence in any proceedings, and in the case of disputes, at the discretion of the Bank. 27.2 The Bank has the right to destroy any document or record relating to the Customer, an Account or any of the Services after microfilming or Scanning it. The Bank also has the right to destroy any microfilmed or scanned document or record after such period of time as the Bank considers appropriate 28. JUDICIAL AND REGULATORY ORDERS If an attachment, freezing, injunction, suspension, debit, payment or any other order/direction/udgment from the courts or (as the case may be) from any relevant government, regulatory or revenue authority or investigation/law enforcement agencies is issued upon the Bank in relation to the Customer, Connected Persons the Customer's Accounts and proVision of Services, the Bank shall be required to comply with such order/direction/udgment and shall not be hable to the Customer for any resulting loss, cost or damages in relat1on thereto The Customer shall extend all necessary co operation and assistance to the Bank, reasonably required or requested by the Bank tor the purposes of the Bank's compliance with Such orders/drections/udgments. 29. TAX INDEMNITY AND GROSS UP 29. 1 AIl payments or anounts payable to the Bank or recevable by the Bank in connectlon with the ServIces or in respect of an Account (ncluduDg fees, costs, charges, nterest and expenses) are exclusive of value added, sales, use, g00ds and services, busness, stamp or any Smlar taxes or dutes that may be applhcable Allpayments or amounts payable to the Bank or ecevable by the Bank will be clear and free of any deduchon or withholdng or payment tor or on account of tax or a Issued by The Hongkong and Shanghai Barnk1ng Corporation Linited n Bangladesh |August 2021| CIedit tureaus, as deemed appropriate or requited by the Bank for the said purposes, requested by the Bank Issued by The Hongkong and Shanghai Banking Corporation Limited in Bangladesh |August 2021| telecommunications, data cormnunications and Cornputer systens and not limited 10, the failure, malfunction or caused by circunstances beyond its reasonable control, including, but perform any of ts obligations under these terrns and conditions which is 30.8 The Bank shall not be liable for delay in pertorming or lailure lo unavailability of Force Majeure the STT with respect to such Services. frorn time to urne and the Custorner agrees to be bound by the terms of Services (defined thereirn) and such other services as specified by HSBC Supplemented fron tine to trme shall apply with respect to Trade 30.7 The Standard Trade Terms ("STT") of HSBC as amended and fron time to time shall prevail. these (General) Account Rules, as amended, supplemented or modified prescribed specitic terrns, the terrm and conditions prescribed under of Accounts or Services. Unless otherwise explicitly stated under such agreernent. obligations to any person, except with the Bank's prior written 30.5 The Customer is not allowed to assign or transter any of its rights or or obligations to any person without the Customer's agreement. 30.4 The Bank may at any time assign or transter any or all of its rights Assignment Cond1t1ons. Service. The Customer agrees to be bound by such terms and Customer to accept the terms and conditions Authorized Persons referring to the public website of the Bank. responsible for staying up-to-date on the latest Account Rules by such other manner as the Bank deems appropriate. The Customer is which shall be published/ made available at the Bank's public website or specitiC terms and Cond1tions and Bengali version, the version in English shall prevail. 30.13 In case of any contradiction between the Account Rules in English Amendments another service provider appointed by the Bank. the Customer to the Bank. Such person may be a collection agent or collecting and recovering any outstand1ng or overdue amount owing by 30 1 The Bank has the right to employ any person to assist the Bank in Collection and Customer in any other court of competent jurisdiction. the Bank's right to bring or commence any proceedings against the jurisdiction of the Courts of Bangladesh. Nothing in this clause shall limit Governing law and Version account sutticient avalable funds, overdraft or other fac1ilities in the relevant clauses 29.1 or 292 from any notwithstanding their termination or expiry, as the case maybe Survival Upon Termination connection therewith Account, together with any interest, penalty, cost or expense incurred in account of tax in connection with the Services or in respect of an any claim whicth may be made ganst tthe Bank by any authonties Conseguences of any failure to comply with such obligations includ1ng hamiess ang 3grees to fuly indemnity the Bank on demand for all withhoding or payment obligations The Customer holds the Bank the Bank that the Customer has comphed with applicable deduction or wll uoon the 5ank's request delver prompty equity, by statute or otherwise. other remedy given hereunder or now or hereafter existing at law or in and each and every remedy shali be curmulative and in addition to every the Bank herein are not intended to be exclusive of any other rernedy Waivers and Remedies Conditions, which will remain in full force, validity and effect. of unenfor ceablity will not affect any of the other Partial Invalidity by a pernod wh1ch is reasonable in the circumstances. and the time for performance of the affected obl1igation willbe extended Rules, other specific terrns and conditions may apply to different types 30.6 In addition to the terms and conditions cContained in these Account Additional Terms and Conditions Governing Accounts and Services relating to that Account or Account or Service on behalf of the Customer is authorised by the 30 3 Any Person authorised by the Customer to use or administer an pertaining to ACCOunts and Services. terms and conditions contained in these Account Rules and any other 30.2 The Bank reserves the right to amend, modify or supplement the Recovery of Debts 30. MISCELLANEOUS GENERAL PROVISIONS Bangladesh and the Customer submits irrevocably to the non-exclusive and construed in accordance with the laws of the People's Republic of 30.12 The terms and cond1tions of these Account Rules is governed by acoount irrespective of whether there are amount payable by the Customer to the Bank under the aforesaid Bank is enutled without prior notice to the Customer to debit any 29.3 Without limiting or reduang any of the Bank's rights in law, the termination or expiry, shall continue to appBy and remain in effect intended to or can reasonably be interpreted as intending to survive 30.11 The terms and conditions in these ACCount Rules, which are Cetermnes wl be or has Deen (d1rectly or ind1rectly) suffered for or on Bank an amount equal to, any loss, habiity or cost which the Bank 292 The Customer shall indemn1ty the Bank against, and pay to the evvdence satistactory to n 300ount of tax or a similar duty/charge been required The Customer Woulo have reoeved h3 no deducion or withholding or payment for or amount to ensure recept by the Bank of the full amount which the Bank mUSt ncrease the pavment to the Bank or pay the Bank an add1tional Out charge is regured by applcable lavws Or regulations, the Customer deOn wi thholding or payment tor or on account of tax or a similar Sumiar autvharge for anv present or tuture taxes o charges. If a exercise of any other right, power or privilege. Any remedies provided to or partial exerCise preclude any other or further exercise thereof privilege hereunder shall operate as a waiver thereof, nor shall any single 30.10No failure or delay by the Bank in exercising any right, pOwer or the provisions in these illegal, inval1d or unenforceable under any law, such illegality, invalidity 30 9 It any provVISIon in these Conditions is declared or adjudged to be of this kind will not be deemed to be a breach of these Account Rules lock-outs or other industrial action or trade disputes. Any delay or failure services, war, CIVl unrest, pandemics, gOvernment action, strikes, Issued by The Hongkong and Shangha Banking Corporation Linited in Bangladesh (August 20|| or indivdually). under Clause 23.1; "Financial Crirne Risk regulations relating to these matters. and/or any acts or attempts to circumvent or le) Tax Information Customer or Cornnected Person with the Bank or HSBC Group; or (d) information, data, records, documents about the relationships of the products or Services by the Customer or Connected Person, (c) intormation, (b) or transactions; Customer or Connected Person, or either of (a) Personal Data/Personal Information, Connected Person, all or any of the following "Custonmer Information" means in relation to a Customer or a trust, these are persons in equivalent or similar pos1tions of control. ultimate effective control over the trust, and for entities other than a beneficianes or class of benef1ciaries, and anytbody else who exercises Customer's relat1onship with the HSBC Group. entity with whom the Customer has a relationship that S relevant to the employee, representative, agent or nominee, or any other person or desgnated account, payee of a designated payment, the Customer's owner, trustee, settlor or protector of a trust, account holder of a any Substantial Owner, Authonzed Person, Controlling PerSon, beneficial 3 director cr officer of a comp3ny, partners of members of a partnership, Account and Services. A "Connected Person" may include a guarantor, Custoner's taX status or the tax status of a Connected Person. "Tax Information" means docurnentation or inforrmnation about the Group to verity Ihe identity of its customers, disclosure ot other obligations under Laws, and (c) Laws requring HSBC poliaes or procedures, (b) any demand trom Authonties or reporting. d1rectly or ind1rectty of the profits of or with an interest of mote than 10% in an entity erther "Substantial Owners means Park Heght, Plot-2, Road-9, Dhaka-1205, bank Icen sed by the Bangladesh Bank, having its main office at Bay Banking Corporation Limited, 8angladesh, a scheduled commercial "Bank" of "HSBC Bangladesh means he Hongkong and Shanghai to/1ncidental to opening. maintan and operating of Account services, electronic banking servCes Incud1ng without limitation, Credit fac1lties, payrnent/transaction "Purposes" has the rnearung prescribed under Clause 25.1, prescribed under Clause 6 1 "Authonzed Person"/ Authorized ersons has relating to an indvidual frorn whhch such individual can be idertified, "Personal Data" or "Personal Informatiorn" means any information under Clause 3.2 HS3C Bangladesh by entitiesAegal persons (non indivduals) referred Accournt means any acCOunts opened, operated and mantaaned with used in the Account Rules shall have the the Bank from tirne to tirne of mediums and any other rneans or medurns as nay be acceptable to sale terminals, via ntenet/online banking, by any other electronic mneans lrnted to) by telephone, va the automated teller nachine, Via point of APPENDIX I: DEFINITIONS associated entities and any of ther branches and offices (t0gether "HSBC Group" neans HSBC Holdings plc. its affiliates, subsdiaries, Management Activity" has the mean1ng set out violate any laws or Corruption, tax evasion, fraud, evasion of economic or trade sanctions, "Financial Crime" rneans money laundering, terroist financIng, bribery. data, records or documents about the use of the Bank's intormation, records, their Accounts, Services data, documents abouVrelated to the entity. For a trust, these are the settlor, the trustees, the protector, the "Controlling persons" means individuals who exercise control over an any member of the HSBC Group in connection with the provision of the to any member of the HSBC Group, or which is otherwise recelved by Information, is provided tby the Customer, or on the Customer's behalf., Customer) whose intormaton, including Personal Dala or ax "Connected Person means a person or entity (other than the Comply with (a) laws, regulations or intenational guidance and internal "Compliance Obligations" means obligations of the HSBC Group to any indrviduals enttled to rnore tharn 10% related available to the Customer by the Bank at any tirne and fr orn tirme to tirne "Services means ay one of nore of the Services or pr0ducts made and all servCes related the mneanng following me an1ngs Unless otherwise defined within the AccoOunt Rules, cap1tahzed tetms OCceptable to the Bank fron me 1o ime and may include (but not Accounts and ServCes given by any means or mediurns as may be Instructions means each and any Instruction in relation to the