RISK ACKNOWLEDGEMENT AND DISCLOSURE
1. Acknowledgement
Technical Risk
1. The Client shall be responsible for the risks of financial losses caused by the failure of information, communication, electronic and other systems. The result of any system failure may be that his order is either not executed according to his instructions or it is not executed at all. The Company does not accept any liability in the case of such a failure.
2. While trading through the Client Terminal the Client shall be responsible for the risks of financial losses caused by:
a. Client's or Company's hardware or software failure, malfunction or misuse;
b. poor Internet connection either on the side of the Client or the Company or both, or interruptions or transmission blackouts or public electricity network failures or hacker attacks, overload of connection;
c. the wrong settings in the Client Terminal;
d. delayed Client Terminal updates;
e. the Client disregarding the applicable rules described in the Client Terminal user guide and in the Company's Website.
Abnormal Market Conditions
3. The Client acknowledges that under Abnormal Market Conditions the period during which the Instructions and Requests are executed may be extended.
Trading Platform
4. The Client understands that only one Request or Instruction can be queued at a time. Subsequent Requests or Instructions sent by the Client after the initial one are disregarded, and the "Order is locked" message will persist until the first Request or Instruction is executed.
5. The Client recognizes that the real/live Server's Quotes Base is the sole reliable source of Quotes Flow information. The Quotes Base in the Client Terminal is not dependable as the connection between the Client Terminal and the Server may be disrupted, leading to some Quotes not reaching the Client Terminal.
6. Acknowledging that closing the order placing/modifying/deleting window or the position opening/closing window does not cancel the Instruction or Request already sent to the Server.
7. If the Client has not received the result of a previously sent Instruction but chooses to repeat the Instruction, the Client assumes the risk of initiating two Transactions instead of one. However, the client may encounter an "Order is locked" message as described earlier.
8. The Client acknowledges that if a Pending Order has already been executed and the Client sends an Instruction to modify its level along with the levels of If-Done Orders simultaneously, only the Instruction to modify Stop Loss and/or Take Profit levels on the position opened when the Pending Order triggered will be executed.
Communication
9. The Client assumes the risk of financial losses resulting from delayed or non-receipt of any notices from the Company.
10. The Client acknowledges that unencrypted information transmitted via email is vulnerable to unauthorized access.
11. The Client bears full responsibility for the risks associated with undelivered trading platform internal mail messages sent by the Company, as they are automatically deleted within 3 (three) calendar days.
12. The Client holds sole responsibility for the privacy of information received from the Company and accepts the risk of financial losses arising from the unauthorized access of a third party to the Client's Trading Account.
13. The Company disclaims responsibility if authorized/unauthorized third parties gain access to information, including electronic addresses, electronic communication, and personal data, during transmission between the Company or any other party through the internet or other network communication facilities, telephone, or any other electronic means.
Force Majeure Event
14. In case of a Force Majeure Event the Client shall accept the risk of financial losses.
3. Risk Warning Notice for Foreign Exchange and Derivative Products
1. This notification does not encompass all the risks and critical aspects associated with foreign exchange and derivative products, including futures, options, and Contracts for Differences. Engaging in these products should only be done with a thorough understanding of their inherent nature and the potential risk exposure involved. It is crucial to assess whether the product is suitable for you based on your individual circumstances and financial position. Certain strategies, such as a "spread" position or a "straddle," may carry risks comparable to a straightforward Long or Short position. While forex and derivative instruments can be utilized for investment risk management, some products may not be suitable for all investors. Direct or indirect involvement in derivative products is advised against unless you possess a comprehensive understanding of the associated risks, acknowledging the potential complete loss of invested funds. Different instruments present varying levels of risk exposure, and before deciding to trade in such instruments, consideration should be given to the following points:
Effect of Leverage
2. Under Margin Trading conditions even small market movements may have great impact on the Client's Trading Account. It is important to note that all accounts trade under the effect of Leverage. The Client must consider that if the market moves against the Client, the Client may sustain a total loss greater than the funds deposited. The Client is responsible for all the risks, financial resources the Client uses and for the chosen trading strategy.
It is highly recommended that the Client maintains a Margin Level (percentage Equity to Necessary Margin ratio which is calculated as Equity / Necessary Margin * 100%) of not lower than 1,000%. It is also recommended to place Stop Loss to limit potential losses, and Take Profit to collect profits, when it is not possible for the Client to manage the Client's Open Positions.
The Client shall be responsible for all financial losses caused by the opening of the position using temporary excess Free Margin on the Trading Account gained as a result of a profitable position (cancelled by the Company afterwards) opened at an Error Quote (Spike) or at a Quote received as a result of a Manifest Error.
High Volatile Instruments
3. Some instruments exhibit wide intraday ranges with volatile price movements, necessitating careful consideration by the Client due to the inherent high risk of both losses and profits. Derivative financial instruments derive their prices from the underlying assets they reference, such as currencies, stocks, metals, indices, etc. The related markets can be exceptionally volatile, with prices fluctuating rapidly and over extensive ranges, often influenced by unforeseeable events or changing conditions beyond the control of the Client or the Company. In certain market conditions, executing a Client's order at a declared price may be impossible, leading to potential losses. Factors influencing prices include changing supply and demand dynamics, governmental policies, agricultural and commercial programs, national and international political and economic events, and prevailing psychological characteristics of the relevant market. Consequently, a Stop Loss order cannot guarantee a loss limit.
4. The Client acknowledges and accepts that, notwithstanding any information provided by the Company, the value of instruments may fluctuate both downwards and upwards, with the possibility of the investment becoming worthless. This is attributed to the margining system applied to such trades, involving a relatively modest deposit or margin in relation to the overall contract value. As a result, a minor movement in the underlying market can disproportionately impact the Client's trade. While a favorable market movement can lead to a significant profit, a similarly small adverse movement can swiftly result in the loss of the entire deposit and expose the Client to additional substantial losses.
Liquidity
4. Some of the underlying assets may not become immediately liquid as a result of reduced demand for the underlying asset and the Client may not be able to obtain the information on the value of these or the extent of the associated risks.
Futures
5. Engaging in futures transactions entails the commitment to either deliver or accept delivery of the underlying asset of the contract at a future date, or in some instances, settling the position with cash. This involvement carries a substantial level of risk. The significant gearing or leverage accessible in futures trading implies that a modest deposit or down payment can result in considerable losses as well as gains. This dynamic also means that a relatively minor market movement can lead to a proportionately more significant fluctuation in the value of your investment, presenting both opportunities and risks. Futures transactions come with a contingent liability, and it is essential to understand the implications, particularly concerning margining requirements outlined below.
Options
6. There are many different types of options with different characteristics subject to the following conditions.
Buying Options:
Buying options involves less risk than selling options because, if the price of the underlying asset moves against you, you can simply allow the option to lapse. The maximum loss is limited to the premium, plus any commission or other transaction charges. However, if you buy a call option on a futures contract and you later exercise the option, you will acquire the future. This will expose you to the risks described under futures' and contingent liability investment transactions.
Writing Options:
If you write an option, the risk involved is considerably greater than buying options. You may be liable for margin to maintain your position and a loss may be sustained well in excess of the premium received. By writing an option, you accept a legal obligation to purchase or sell the underlying asset if the option is exercised against you, however far the market price has moved away from the exercise price. If you already own the underlying asset which you have contracted to sell (when the options will be known as covered call options) the risk is reduced. If you do not own the underlying asset (uncovered call options) the risk can be unlimited. Only experienced persons should contemplate writing uncovered options, and then only after securing full details of the applicable conditions and potential risk exposure.
Contracts for Differences
7. The Company offers non-deliverable spot transactions in the form of Contracts for Differences (CFDs), providing an opportunity to profit from fluctuations in currency rates, commodities, stock market indices, or share prices (referred to as the underlying instrument). If the movement of the underlying instrument favors the Client, a substantial profit can be realized. However, a similarly minor adverse market movement can not only swiftly lead to the loss of the Client's entire deposit but also any additional commissions and incurred expenses. Therefore, the Client should only engage in CFDs if they are prepared to bear the risks of potentially losing their entire invested amount, along with additional commissions and expenses.
Investing in a Contract for Differences involves risks comparable to those of futures or options, as detailed above. Transactions in Contracts for Differences may also entail a contingent liability, and it is crucial to understand the implications outlined below.
Equities
8. Equities represent a share of a company's capital, and the extent of the Client's ownership depends on the number of shares they own relative to the total shares issued. Shares are traded on stock exchanges, and their values can fluctuate, potentially resulting in a loss. Shares in smaller companies carry an additional risk, with notable differences between buying and selling prices.
Immediate sale of shares may yield much less than the purchase price. Shares in companies from emerging markets may be less liquid and subject to less stringent regulations. All offered Equities are listed on exchanges, and their prices are not set by the Company. The Company executes Client instructions to buy or sell instruments according to its obligation for best execution, in line with the order execution policy and applicable Client Agreement.
If warranted by the order execution policy, the Company may place Client instructions outside of an exchange. The Company arranges for the custody of Client instruments, purchased or transferred, under the name of the nominee company or NeolinFX, for the Client's benefit. Since investments are held in the name of a nominee company, the Client may not have voting rights.
All financial investments entail risk, and the value may rise or fall, potentially resulting in a return less than the initial investment. Past performance does not guarantee future results. Risks vary based on the instruments the Client instructs the Company to trade. Physical shares on regulated markets are not considered high-risk financial products.
The Company operates on an execution-only basis, not providing investment advice on Equities. While the Company may offer factual information, research recommendations, transaction procedures, and insights into potential risks and risk mitigation, the decision to use the products or services lies with the Client.
Collateral risks (professional/elective professionals only)
When Clients enter into the Collateral Agreement with the Company, it is agreed to take security over the assets in the Share Account in place of cash for payment of margin on their linked CFD Account. The value of shares and CFDs will rise and fall. If the collateral value of the assets in Clients Share Account, together with any cash on Client’s linked CFD Account, falls below the amount required to maintain the open positions, Client may be closed out of the CFD positions on that linked account, and the Company will have the right to sell the assets in the Client’s Share Account in order to pay for any resulting deficit.
As the value of the assets in the Clients Share Account fluctuates the value of the collateral that the Client can utilize as margin will also fluctuate. The Client will need to monitor his/her Share Account and the linked CFD Account to ensure that the collateral value and any cash he/she has deposited on his/her linked CFD Account is sufficient to fund his/her open positions on that account.
The Client will only be able to use his/her collateral services to cover margin requirements on open positions on his/her linked CFD Account and he/she will need to cover any running losses using the available cash in his/her linked CFD Account.
Off-exchange Transactions in Derivatives
9. CFDs, forex and precious metals are off-exchange transactions. While some off-exchange markets are highly liquid, transactions in off-exchange or non-transferable derivatives may involve greater risk than investing in on-exchange derivatives because there is no exchange market on which to close out an Open Position. It may be impossible to liquidate an existing position, to assess the value of the position arising from an off-exchange transaction or to assess the exposure to risk. Bid prices and Ask prices need not be quoted, and, even where they are, they will be established by dealers in these instruments and consequently it may be difficult to establish what is a fair price.
In regards to transactions in CFDs, forex and precious metals with the Company, the Company is using a trading platform for transactions in CFDs which does not fall into the definition of a recognized exchange as this is not a Multilateral Trading Facility and so do not have the same protection.
Further, if you visit any of our offices or premises, we may have CCTV which will record your image.
Foreign Markets
10. Foreign markets involve various risks. On request, the Company must provide an explanation of the relevant risks and protections (if any) which will operate in any foreign markets, including the extent to which it will accept liability for any default of a foreign firm through whom it deals. The potential for profit or loss from transactions on foreign markets or in foreign denominated contracts will be affected by fluctuations in foreign exchange rates.
Contingent Liability Investment Transactions
11. Contingent liability investment transactions, which are margined, require you to make a series of payments against the purchase price, instead of paying the whole purchase price immediately. The Margin requirement will depend on the underlying asset of the instrument. Margin requirements can be fixed or calculated from current price of the underlying instrument, it can be found on the website of the Company.
If you trade in futures, Contracts for Differences or sell options, you may sustain a total loss of the funds you have deposited to open and maintain a position. If the market moves against you, you may be called upon to pay substantial additional funds at short notice to maintain the position. If you fail to do so within the time required, your position may be liquidated at a loss and you will be responsible for the resulting deficit. It is noted that the Company will not have a duty to notify the Client for any Margin Call to sustain a loss-making position.
Even if a transaction is not margined, it may still carry an obligation to make further payments in certain circumstances over and above any amount paid when you entered the contract.
Contingent liability investment transactions which are not traded on or under the rules of a recognized or designated investment exchange may expose you to substantially greater risks.
Collateral
12. If you deposit collateral as security with the Company, the way in which it will be treated will vary according to the type of transaction and where it is traded. There could be significant differences in the treatment of your collateral depending on whether you are trading on a recognized or designated investment exchange, with the rules of that exchange (and the associated clearing house) applying or trading off-exchange. Deposited collateral may lose its identity as your property once dealings on your behalf are undertaken. Even if your dealings should ultimately prove profitable, you may not get back the same assets which you deposited and may have to accept payment in cash. You should ascertain from your firm how your collateral will be dealt with.
Commissions and Taxes
13. Before you begin to trade, you should make yourself aware of all table-accordion commissions and other charges for which you will be liable. If any charges are not expressed in monetary terms (but, for example, as a percentage of contract value), you should ensure that you understand the true monetary value of the charges.
14. There is a risk that the Client's trades in any Financial Instruments including derivative instruments may be or become subject to tax and/or any other duty for example because of changes in legislation or his personal circumstances. The Company does not warrant that no tax and/or any other stamp duty will be payable. The Client is responsible for any taxes and/or any other duty which may accrue in respect of his trades.
15. The Clients are responsible for managing their tax and legal affairs including making any regulatory filings and payments and complying with applicable laws and regulations. The Company does not provide any regulatory, tax or legal advice. If the Clients are in any doubt as to the tax treatment or liabilities of investment products available through the Company, they should seek independent advice.
Suspensions of Trading
16. Under certain trading conditions it may be difficult or impossible to liquidate a position. This may occur, for example, at times of rapid price movement if the price rises or falls in one trading session to such an extent that under the rules of the relevant exchange trading is suspended or restricted. Placing a Stop Loss will not necessarily limit your losses to the intended amounts, because market conditions may make it impossible to execute such an Order at the stipulated price. In addition, under certain market conditions the execution of a Stop Loss Order may be worse than its stipulated price and the realized losses can be larger than expected.
Clearing House Protections
17. On many exchanges, the performance of a transaction by your firm (or third party with whom it is dealing on your behalf) is guaranteed by the exchange or clearing house. However, this guarantee is unlikely in most circumstances to cover you, the Client, and may not protect you if your firm or another party defaults on its obligations to you. On request, the Company must explain any protection provided to you under the clearing guarantee applicable to any on-exchange derivatives in which you are dealing. There is no clearing house for traditional options, nor normally for off-exchange instruments which are not traded under the rules of a recognized or designated investment exchange.
Insolvency
18. The Company's insolvency or default, may lead to positions being liquidated or closed out without your consent. In certain circumstances, you may not get back the actual assets which you lodged as collateral and you may have to accept any available payments in cash or by any other method deemed to be appropriate.
19. Segregated Funds will be subject to the protections conferred by Applicable Regulations.
20. Non-segregated Funds will not be subject to the protections conferred by Applicable Regulations. Non-segregated Funds will not be segregated from the Company's money and will be used in the course of the Company's business, and in the event of the Company's insolvency you will rank as a general creditor.
4. Third Party Risk
This notification is provided in compliance with applicable legislation.
1. The Company may transfer funds received from the Client to a third party (e.g., a bank, a market, intermediate broker, OTC counterparty, or clearinghouse) for holding or control to facilitate a Transaction with that party or to fulfill the Client's obligation to provide collateral (e.g., initial margin requirement) for a Transaction. The Company bears no responsibility for the acts or omissions of any third party to whom Client funds are transferred.
2. Funds transferred to a third party may be held in an omnibus account, making it challenging to distinguish between the Client's funds and those of the third party. In the event of the third party's insolvency or similar proceedings, the Company may only have an unsecured claim on behalf of the Client, exposing the Client to the risk that funds received from the third party may be insufficient to cover the Client's claims. The Company disclaims any liability or responsibility for resulting losses.
3. The Company may deposit Client funds with a depository that may have a security interest, lien, or right of set-off related to those funds.
4. A bank or broker through which the Company conducts transactions may have interests conflicting with the Client's interests.