FOREIGN CURRENCY OPTIMIZATION ACCOUNT (“FCOA) TERMS …pic.bankofchina.com/bocappd/my/201404/P... · 2014. 4. 3. · The FCOA Account is for individuals, either personally or in

FOREIGN CURRENCY OPTIMIZATION ACCOUNT (“FCOA") TERMS AND CONDITIONS

In consideration of Bank of China (Malaysia) Berhad (“BOCM”) agreeing to allow the Customer to open and operate a foreign currency optimization account and offer a MYR current account with MYR Overdraft facility with BOCM, the Customer hereby agrees, covenants and undertakes to adhere the General Terms and Conditions for:

a) Foreign Currency Optimization Account (FCOA)

b) Fixed Deposits

c) Current Account

d) Overdraft

Definitions & Interpretations 1. In this Agreement unless the context otherwise requires or unless it is otherwise expressly

provided the following expressions shall have the meaning respectively assigned to them hereunder:-

“ABM” means the Association of Banks in Malaysia. “Account” means any account or accounts (whether current, fixed

deposit or any other accounts which may be permitted by the Bank) in any foreign currency which is acceptable to the Bank opened or to be opened by the Customer with the Bank from time to time.

“Bank” refers to Bank of China (Malaysia) Berhad. “BLR” means the rate of interest per annum which is quoted by

BOCM as its Base Lending Rate and which shall be subject to change at any time and from time to time with prior notice.

“BNM” means Bank Negara Malaysia. “BOCM” means Bank of China (Malaysia) Berhad and includes its

branches. “CNY” means Chinese Yuan – the lawful currency of China. “Default Rate” means the rate of 1% of the Prescribed Rate or any other rate

as may be determined by BOCM at its absolute discretion at any time and from time to time with prior notice.

“Excess Rate” means the rate of 3.5% per annum above the BLR on daily

rest or any other rate as may determined by BOCM at its absolute discretion at any time and from time to time with prior notice.

“FCOA” means a combination of a Foreign Currency Time Deposit

Account, MYR Current Account and a MYR Overdraft facility.

“FCTD” means Foreign Currency Time Deposit. Any time deposits

placed by the Customer(s) with BOCM and includes any other sums which are from time to time deposited with BOCM at any branch and whether in the same or any other currency and whether in addition to or by way of renewal of any sums previously deposited or otherwise and includes all interest or other payment accrued and accruing and howsoever derived from time to time in respect of the deposits.

“Hair Cut” means the percentage that is subtracted from the FCTD

placement that is being used as collateral. “I/My or any one accountholder” shall include an Executor or Administrator. “Maturity Date” where the maturity date falls on a Sunday, public holiday or

non-banking business day, the maturity date shall be deemed to fall on the next business banking date.

“Margin Call Rate” means the demand of using margin to deposit additional

money or securities so that the account is brought up to the minimum maintenance margin. Margin calls occur when the account value depresses to a value calculated.

“Prescribed Rate” means the rate of 0% p.a above the BLR on daily rest or any

other rate or rates as may be determined by BOCM at its absolute discretion at any time and from time to time with prior notice or, as the case may be, the rate or rates as may be specified by BOCM in its letter(s) of offer (where applicable).

“Pre-determined Exchange Rate” means pre-quoted price between two currencies at which one currency will be exchanged for another. “Security documents” means any security taken or required by BOCM in connection

with the Account(s) and includes any other security taken from time to time.

“MYR” means Malaysia Ringgit – the lawful currency of Malaysia. “Terms & Conditions” means the terms and conditions set out in this booklet and

shall include any amendments, variations and supplements made from time to time by BOCM with prior notice and shall apply to all accounts.

“USD” means United States Dollar – the lawful currency of U.S.A.

GENERAL TERMS AND CONDITIONS GOVERNING FOREIGN CURRENCY OPTIMIZATION ACCOUNT (FCOA) 1. The FCOA Account is a combination of a Foreign Currency Time Deposit Account, MYR Current

Account and a MYR Overdraft facility (“OD”) which is secured against the Foreign Currency Time Deposit(s) (“FCTD”) placed by Customer(s) with BOCM at any time and from time to time. The FCOA Account may be opened with minimum sum of CNY 800,000 or USD 150,000 deposited or any other amount as may be acceptable to BOCM at its absolute discretion.

2. The FCOA Account is for individuals, either personally or in joint names. Sole proprietorships, partnerships, firms, societies, associations, corporations, institutions and other business entities are not eligible to open or to operate such an account.

3. It is only first party placement is considered for FCOA. 4. Operation of FCOA Account

(a) The OD will only be available if permitted by BOCM and is secured against FCTD. The limit of the OD available for utilization is 70% of the principal sum of the FCTD placed.

(b) For CNY FCTD, placement amount must be in multiple of CNY50,000 subject to a minimum first placement of CNY800,000.

(c) For USD FCTD, placement amount must be in multiple of USD10,000 subject to a minimum

first placement of USD150,000.

(d) Margin Call Rate (“MCR”) is set as the following: (i) MYR/CNY = 0.4025 (ii) MYR/USD = 2.415 Once the CNY/USD exchange rate is equal or below MCR, Customer(s) is required to choose an option of the following:- (i) OD limit is to be reduced, OR (ii) Increase FCTD placement within three (3) working days

Failing which, BOCM has the right to uplift the FCTD and to recall the OD. If there is any shortfall, the Customer(s) has to pay to the Bank. BOCM has an absolute right to amend, revise, modify and adjust the above terms from time to time.

(e) Pre-determined Exchange Rate against MYR is set as the following:- (i) CNY = 0.5 (ii) USD = 3

(f) The placements of the FCTD are governed by the Terms and Conditions for Foreign Currency Time Deposit Account set out in these Terms and Conditions.

(g) The Terms and Conditions applicable to the Current Account and the Overdraft set out in

these Terms and Conditions apply to the FCOA Account.

5. Placement of FCTD and the OD (a) The FCTD placed must be in the name of the Customer(s) before the OD is available for

utilization. The Customer(s) represent(s) and warrant(s) that the Customer(s) is the sole and beneficial owner of the FCTD and the FCTD is free from any mortgage, security arrangement or security interest of any kind. The Customer(s) will not:

(i) Withdraw, assign transfer or create a trust in respect of the FCTD or otherwise enter into any arrangement with any person whereby the whole or any part of the FCTD or any right or entitlement thereof will be affected in any manner;

(ii) Create, attempt to create or permit to subsist any mortgage, security arrangement

or security interest over the FCTD or any part of it. The interest or other payment howsoever derived from or accruing in respect of the FCTD shall not be withdrawn and shall be added and form part of the FCTD.

(b) The Customer(s) authorize(s) BOCM to renew and to continue renewing from time to time

and retain the FCTD or any part thereof on its respective maturity for a period corresponding to such fixed period or for such periods and at such rates of interest as BOCM may deem fit in its absolute discretion for as long as the FCOA Account is maintained by the Customer(s) and until full and final settlement of all sums owing including interest and default interest at such rate and at such rest periods as may be from time to time imposed or stipulated whether in respect of the FCOA Account or any other Account(s).

(c) The FCTD shall be and is hereby charged to BOCM by way of first fixed charge as security for all monies owing under the OD and pursuant to these Terms and Conditions.

(d) BOCM is entitled and may at any time set-off the FCTD against the monies owing by the

Customer(s) under the FCOA Account and any other liabilities of the Customer(s) set out in the Terms and Conditions in addition to any other right of set-off, other general lien or similar right to which BOCM may be entitled in law and/or equity.

(e) The FCTD and/or any other securities which may be obtained by BOCM from time to time is

held by BOCM:-

(i) As security for all monies owing under the OD and for the performance of the Customer(s) of its obligations under these Terms and Conditions;

(ii) Shall be continuing security for any outstanding sums owing by the Customer(s) to BOCM on the Account(s) or any other accounts held with BOCM notwithstanding any intermediate payment or settlement of account for payment of any sums owing and without prejudice to any other securities which may now or hereafter be obtained.

6. These Terms and Conditions shall be additional to the Terms and Conditions of each type of product / accounts appearing in the Consolidated Statement. In the event of any discrepancy, ambiguity or dispute in the interpretation of these Terms and Conditions and the said Terms and Conditions for each product/accounts, the said Terms and Conditions for each product/account shall prevail.

GENERAL TERMS AND CONDITIONS GOVERNING FOREIGN CURRENCY TIME DEPOSITS OPENING OF ACCOUNT

1. Foreign Currency Time Deposit (FCTD) Accounts may be opened in the name of an individual (at least 21 years of age), or in joint names.

2. No deposit shall be regarded to have placed with the Bank unless a Confirmation of FCTD slip validated by the Bank’s teller machine or a computer generated Confirmation of FCTD Placement advice is issued. In case of a system breakdown, a confirmation of FCTD slip will be issued and signed by two of the Bank’s authorized officers. No other receipt will be given.

INTEREST

3. Interest will be ceased upon expire of the maturity term unless renewed.

4. Interest shall be payable on maturity dates for deposits of 1 to 12 months.

5. Interest shall be paid six-monthly for deposits with the maturity term exceeding 12 months. Thereafter, where the last period to maturity is less than 6 months, interest payment shall be on maturity date.

MATURITY

6. Interest accrued on the deposit shall be paid on maturity date, unless otherwise agreed by the Bank at its absolute discretion.

7. If the maturity date of the deposit falls on a non-business day, the maturity date will be adjusted forward to the next business day of the Bank.

AUTOMATIC RENEWAL

8. FCTD will be automatically renewed on maturity date (base on existing instructions on tenor and manner of interest disposal) at the interest rate prevailing at the time of renewal unless otherwise instructed.

9. Notwithstanding Rule 8, aforesaid, the Bank is authorized at your request to process the withdrawal of any renewed FCTD issued upon presentation of the said receipt(s).

DEPOSIT BY CHEQUE

10. When the deposit is made by cheque, the receipt is good only when the cheque is honoured. If the cheque is dishonoured, the Bank reserves the right to cancel and invalidate the receipt with immediate effect.

WITHDRAWAL

11. The original receipt must be presented for any withdrawal. No partial withdrawal is allowed.

INFORMATION UPDATE

12. The Accountholder shall notify the Bank immediately upon change of relevant particulars such as, but not limited to, authorized signatures and addresses.

DISCLOSURE OF INFORMATION

13. I/We consent(s) to the Bank disclosing such information whatsoever in compliance with

the Personal Data Protection Act 2010 as the Bank may think fit about the accountholder,

the money in and/or other particulars of the account to the Bank’s Holding Company and

its group, Supervisory bodies of the Holding Company, Head Office, any of its branches,

subsidiary companies and/or affiliated companies, or any other persons whomsoever,

including (but without prejudice to the generality of the foregoing):-

(a) Any person or organization providing electronic, insurance or other services to the Bank

whether in Malaysia or outside Malaysia for the purpose of, but not limited to investigating

discrepancies, errors or claims;

(b) The police or any police officer conducting an investigation in connection with any alleged

offence;

(c) Other banks, financial institutions or credit reference agents (including conduct credit

reference check);

(d) Bank Negara Malaysia (BNM) or any bureau set up by or authorized by BNM or any other

regulatory bodies/agents to receive such information;

(e) To its stationery printers or agents; the Accountholder’s particulars for the purpose of

printing and/or mailing documents;

(f) To any person where the disclosure of information is with a view to the defense of, or for

the purpose of, civil proceedings to which the Bank is a party, in relation to the

Accountholder’s banking transactions and/or account; and

(g) To any surety or other person who has under taken liability or provided security in relation

to the account.

I/We hereby confirm that no further permission or consent from me/us is necessary or

required in relation to all of the above disclosures and this declaration shall constitute the

consent required pursuant to Financial Services Act 2013 and any other contractual consent

for such disclosures.

FORCE MAJEURE

14. The Bank may at its absolute discretion and without notice to the Accountholder suspend the operation of any or call the FCTD Account and/or service related to the account if as a result of force majeure, any calamity or condition, industrial actions, computer breakdown or sabotage, or any other reason whatsoever, the Bank’s customer records, FCTD Account or services are not available or access to such records, FCTD Account or services in hindered.

RIGHT OF SET-OFF

15. The Bank may at its absolute discretion, in addition to any lien, right of set-off or other right to which it may be entitled, at any time without any prior notice or demand to the Accountholder combine or consolidate all or any accounts of the Accountholder with the Bank in Malaysia or elsewhere and whether held alone or jointly with any other person or to set-off or transfer any sums of money standing to the credit of such account, including the Accountholder’s deposits together with interest, with the Bank (whether matured or not towards satisfaction of all liabilities whatsoever of the Accountholder including but not limited to any overpayment to the Accountholder arising from any error or irregularity or omission either on the Bank’s part or in the transmission of the instructions authorizing such payments) to the Bank on any other accounts whether in Malaysia or elsewhere and whether held alone or jointly with any other person (whether or not the liabilities were incurred jointly with that other person) or in any other respect whatsoever, whether such liabilities be present or future, actual or contingent, primary or collateral, several or joint and notwithstanding that such sum of money and such liabilities may not be expressed in the same currency. The Bank is hereby authorized to effect any necessary conversion as it deems fit of on currency into another, at the Bank’s rate of exchange losses, commission or any other liability thereby incurred. To facilitate such combination, consolidation, set-off or transfer, the Bank shall be entitled to accelerate and mature the repayment of any deposit as if its repayment before maturity was made at the Accountholder’s request. Until all such liabilities are discharged, the Bank may at its absolute discretion disallow withdrawals of the deposits or any part thereof from the Account. The Bank shall not be liable for any loss, damage, cost and expense suffered by the Accountholder as a result of the Bank’s exercise of its right herein.

SURVIVING ACCOUNTHOLDER

16. In the event of death, bankruptcy or insanity of either or any one of the Accountholder, the Bank may at its absolute discretion and at any time as the Bank may deem fit:- (a) Pay any balance standing to the credit of or held by the Bank for the Accountholder

including securities, documents or other property to the surviving Accountholder; (b) Suspend the operation of the FCTD Account without prior notice to the Accountholder.

GENERAL

17. In addition and without prejudice to any of the terms and conditions herein, where applicable, the terms and conditions herein shall be governed by the and subjected to the rules, regulations and guidelines from time to time issued by Bank Negara Malaysia, The Association of Banks in Malaysia and other relevant bodies whether or not such rules, regulations and guidelines have the force of laws. The Accountholder hereby agree that the availability and the continued availability of any of the services presently and/or hereafter from time to time and at any time offered by the Bank to be dependent upon and subject to the said rules, regulations and guidelines.

18. The expression FCTD Accounts shall mean each and every account which the

Accountholder maintains with the Bank and, if the context required shall mean any of such accounts. In the event that there is any conflict in the interpretation of these Rules and Regulations and any translation of the same in any language, the English version of these Rules and Regulations shall prevail.

19. The Terms and Conditions shall continue to be valid and binding notwithstanding any

transfer or assignment of the business, operations and assets or liabilities of the Bank or any change in the Bank or any company by which the business of the Bank may for the time being be carried on and/or the Accountholder’s death or otherwise.

20. “Accountholder” shall, in the case of a Joint Account refers to each customer individually or

anyone or more or all of them collectively and all agreements, obligations and liabilities of the joint customers are joint and several.

21. The Accountholder agrees that the above terms and conditions together with any subsequent additions, deletions or amendments shall apply to any present and future accounts which the Accountholder may maintain with the Bank.

22. The terms and conditions herein are not exhaustive. The Bank reserves the right to add,

modify or delete any of the above terms and conditions and any such additions, modifications or deletions shall be binding on the Accountholder and be deemed to have come to the attention of the Accountholder by being displayed at the Bank and any of its branches or posted to the Accountholder at the last address registered with the Bank or advertised or by any other mode which the bank may deem fit.

CLOSURE OF ACCOUNT

23. The Bank reserves its right to:- a) Close any banking account if my/our name appears in Blacklist issued by the Biro

Maklumat Cek, Bank Negara Malaysia by giving me/us 14 days notice of such intention. b) To close any banking account for any reason whatsoever by giving 14 days notice of

such intention and the Bank shall not be bound to disclose any reasons therefore.

JOINT ACCOUNTS - APPLICABLE TO ACCOUNTS IN JOINT NAMES

24. The Bank can collect for the credit into my/our account, cheques and other instruments belonging or payable to any of us.

25. In the event of death, bankruptcy or insanity of either/any of us, any balance remaining in the credit of our Joint Accounts may be paid to the survivor(s) subject to compliance (if required) with Estate Duty Enactments (No. 7 of 1941) or any future legislation of a similar nature.

26. In the event of bankruptcy, the Bank at all request of either/any of us provided I/we

am/are the non-defaulting party may allow the withdrawal of such amounts from the Joint Account as the Bank in its absolute and sole discretion deems fit.

DISCLOSURE

27. I/We agree and authorize the Bank to disclose to any person any information about or with regard to my/our affairs and/or banking accounts as authorized by law or for such purposes as the Bank may deem reasonable or necessary.

SPECIFIC TERMS AND CONDITIONS

28. Notwithstanding anything herein contained the terms and conditions governing the operation of any specific banking account or the use of any card linked to any of my/our banking accounts as contained in other document used in connection with such banking account or card or as contained in any notice, brochure or advertisement of the Bank specifying such additional terms and conditions as being applicable shall apply and in the event of any inconsistency shall prevail over the terms and conditions herein.

RULES AND REGULATIONS OF REGULATORY BODIES

29. In addition and without prejudice to any of the terms and conditions herein, where applicable, the terms and conditions herein shall be governed by and subjected to the rules, regulations and guidelines from time to time issued by the BNM. The ABM and other relevant bodies whether or not such rules, regulations and guidelines have the force of laws. I/We hereby agree that the availability and the continued availability of any of the services presently and/or hereafter from time to time and at any time offered by you to me shall be dependent upon and subject to the said rules, regulations and guidelines.

STANDING INSTRUCTIONS, WITHDRAWALS, INTEREST

30. Any payment or transfer of funds to be made or affected pursuant to any standing instructions given to the Bank shall be subject to such minimum balances being maintained in the banking accounts from which the funds are to be paid or transferred as may from time to time be prescribed by the Bank.

31. Any withdrawal to be made from any banking accounts may be subject to such proof of identity being produced as the Bank may require.

INTERPRETATION

32. The expression ‘banking accounts’ shall mean each and every account which I/we maintain with the Bank and, if the context so required shall mean any one of such accounts.

33. In the event that there is any conflict in the interpretation of these Rules and Regulations and any translation of the same in any language, the English version of these Rules and Regulations shall prevail.

FUTURE ACCOUNTS

34. I/We agree that the above terms and conditions together with any subsequent additions, deletions or amendments shall apply to any future accounts which I/we may maintain with the Bank.

CHANGE OF TERMS AND CONDITIONS

35. The terms and conditions herein are not exhaustive. The Bank reserves the right to add, modify or delete any of the above terms and conditions and any such additions, modifications or deletions shall be binding on me/us and be deemed to have come to my attention by their being displayed at the Bank and any of its branches or posted to me at the last address registered with the Bank or advertised or by any other mode which the Bank may deem fit.

GENERAL TERMS AND CONDITIONS GOVERNING CURRENT ACCOUNT AUTHORISATION AND REQUEST

1. I/We authorize and request the Bank to honour and comply with all cheques, drafts, orders to pay, bills of exchange and promissory notes expressed to be drawn, signed, accepted, indorsed or made on my/our behalf drawn upon or addressed to or made payable by the Bank whether my account(s) is/are in credit or in debit or may become overdrawn in consequence or otherwise.

2. I/We further authorize and request the Bank to honour and comply with any written order to withdraw any or all money on any of my/our account(s) and my/our written instructions to deliver, dispose of or deal with any securities, deeds or documents or other property (including safe deposit boxes and their content(s) whatsoever from time to time in the possession of the Bank for my/our account(s) whether by way of security or safe custody or otherwise.

BANKING CHARGES

3. I/We hereby agree that the Bank shall be entitled to charge for any of its services provided to me/us at the rates as notifies by the Bank to me/us from time to time or, in the absence of such notification, at a reasonable rate. All banking charges when due shall be debited to my/our banking accounts.

CHANGE OF ADDRESS, SIGNATURE AND PARTICULARS

4. Any change of address or signature(s) or other particulars that are recorded with the Bank shall be notified to the Bank in writing. All communications including the services of any Legal Process sent by post to or left at my/our last registered with the Bank shall be deemed to have duly delivered to and received by me/us.

LIMITATION OF LIABILITY

5. I/We agree that the Bank shall not be responsible for and I/We shall fully indemnity the Bank and hold the Bank harmless against all losses, costs and expenses which may be incurred by me/us or by the Bank in connection with any or all of the banking accounts whatsoever or the execution by the Bank of any instructions or if any of my/our banking accounts or any part thereof is reduced or frozen by any government or official authority.

6. I/We further agree that when the Bank incurs liability for or at my/our request, any funds or securities and other valuable deposited with the Bank (whether deposited by way of security, safe custody or for any other specific purpose) belonging to me/us and in hands of the bank shall automatically become security to the Bank and the Bank shall have the right to retain such funds or securities and other valuables or any part thereof and even dishonour my/our cheque until liability is settled.

RIGHT OF SET-OFF

7. I/We agree that in addition to any general lien or other similar to which the Bank as bankers may be entitled at law, the Bank may at any time, without prior notice, combine or consolidate any or all of the banking accounts with the liabilities to the Bank and set-off or transfer any sum or sums standing in credit of any or all of the banking accounts in or towards satisfaction of any of my/our liabilities, to the Bank whether such liabilities to the Bank be primary or collateral or several and joint. Further in, so far as my liabilities to the Bank are contingent or future, the Bank’s liabilities to me/us to make payment of any sum(s), standing to the credit of any of my/our banking accounts shall to the extent necessary to cover such liabilities be suspended until the happening of the contingency or future event.

CHEQUES

8. Cheques may not be drawn on the Bank except on the forms supplied and registered for such purpose. Cheques may be used only to draw on banking accounts designated by the Bank as current accounts, or such other accounts as the Bank may from time to time stipulated. Application of cheque books should be made on the printed application forms or by written request.

9. The conditions printed on the cover of the cheque book are to be strictly observed.

10. The Bank shall be entitled to dishonour cheques on which (in the opinion of the Bank) the

signature differs from the specimen supplied to the Bank.

11. No alterations whatsoever shall be made on cheques. The Bank reserves the right to dishonour and return cheques which in the Bank’s absolute opinion bear any form of alteration (whether countersigned by the drawer or otherwise).

12. All instructions to stop payment of cheques must be in writing and will be effective only

upon receipt by the Bank. The Bank shall not however, be responsible for any delay or omission in executing such instructions. All stop payment instruction shall be lapsed after 12 months from the date of the stop payment instruction.

13. All cheques remain the property of the Bank and upon closure of the account upon which

I/we my draw by cheques either by me/us or the Bank, all unused cheque forms which were issued to me/us forthwith be returned by me/us to the Bank.

DEPOSITS AND WITHDRAWALS

14. Every deposit shall be accompanied by a deposit slip or any appropriate form issued by the Bank. A receipt issued by the Bank is only valid if it is machine validated or acknowledged by an authorized officer of the Bank. I/We must ensure that this is done before leaving the premises of the Bank.

15. All cheques and instrument(s) deposited are accepted for collection only and except by special arrangement may not be drawn against until the proceeds have been received by the Bank.

16. Cheques received for collection but dishonoured may be sent by ordinary post to me/us at

the address last registered with the Bank at my/our own risk and expense.

17. /We shall indemnity the Bank as collecting banker for any loss which the Bank may incur by reason of its guaranteeing any endorsement, discharge or discharges on any cheque, bill, note, draft, dividend warrant or other instruments presented by me/us for collection and every guarantee given by the Bank shall be deemed to have been given at my/our expressed request in every case.

OVERDRAFTS

18. Where an overdraft is permitted by the Bank, each principal amount advanced by the Bank at its discretion shall be payable by me/us upon demand from the Bank together with interest and if applicable all other commissions, discounts and banker’s charges. The rate of the interest chargeable in respect of the overdraft shall be determined by the Bank from time to time and shall be computed on the principal amount for time being owing on a daily basis and if such interest or any part thereof is not paid each month when the same is due such interest shall (so long it remains unpaid) be capitalized and aggregated with the Principal amount for the time being owing and interest shall accrue thereon as herein provided.

STATEMENT OF ACCOUNT

19. A statement of the balance on my/our banking accounts will only be rendered once a month. If however, there are no transactions during the month no statement will be rendered.

20. I/We agree to examine and notify the Bank of any errors, irregularities, claims or unauthorized debits or items whether, made, processed or paid as a result of forgery, fraud, lack of authority, negligence or otherwise by any person whatsoever.

21. I/We further agree that if I/we fail to advise you in writing of the non-receipt of the

statement obtain the statement from you, or to notify you of any errors, discrepancies, claims or unauthorized debits or items in the statement within twenty one (21) days from the date of the statement, the Bank’s accounts or records shall be conclusive evidence of the transaction entries and balances in such accounts and I/we shall be conclusive evidence of the transaction entries and balances in such accounts and I/we shall be deemed conclusively to have accepted. All matters contained in the statement as true and accurate in all respects. Any amendment thereafter of the statement shall be at the sole discretion of the Bank.

GENERAL TERMS AND CONDITIONS GOVERNING OVERDRAFT (“OD”) 1. The OD and the limit of the OD available to the Customer(s) are entirely at the absolute

discretion of BOCM. Notwithstanding any other provision in Terms and Conditions governing FCOA Account, OD or elsewhere in these Terms and Conditions, BOCM may at its absolute discretion reduce or vary the limit of the OD available to the Customer(s) at any time and from time to time with prior notice. The Customer(s) shall ensure that the limit of the OD is not exceeded at any time.

2. The OD may be made available to the Customer(s) is against FD placed and upon any other conditions which may be imposed by BOCM. Notwithstanding any other provisions herein, the OD is repayable on demand.

INTEREST PAYABLE ON THE OD 3. Interest will be chargeable on the utilization of the OD at the Prescribed Rate.

4. Interest at the Excess Rate shall be levied on all amounts drawn in excess of the approved

overdraft limit (both before and after demand, judgment or order). 5. Any unpaid interest whatsoever on any amount drawn or payable as the case may be under

the Account(s) including capitalized interest and default interest shall at the end of each calendar month be capitalized and added to the principal sum then owing and shall thereafter bear interest at the Prescribed Rate.

6. Additional interest at the Default Rate shall be imposed at any time as agreed liquidated damages on the principal monies or interest (including capitalized interest and default interest) and all other monies due and owing under the Account(s) calculated from the date of such monies are due until the date of full settlement.

7. BOCM may at its absolute discretion vary the BLR, the rate of interest imposed above the BLR

(including Default Rate and Excess Rate) or any other charges from time to time with prior notice and the variation shall take effect from the date specified in BOCM’s notice and if no date is mentioned, from the date of notice. BOCM’s notice of such variation may take any form or manner. The decision of BOCM as to the variation in the above said rates and the dates from which such variation shall take effect shall be final and conclusive.

8. If required by BOCM, the Customer(s) shall maintain in respect of the FD in relation to the

sums outstanding/owing as may from time to time be required by BOCM by depositing and charging on demand by BOCM of any additional sums (which shall form part of the FD). The Customer(s) shall execute any other documents or instruments and do any act or thing which BOCM may require for perfecting such charges over existing or new securities.

STATEMENT OF ACCOUNT 9. BOCM’s statement of account or certificate signed by its duly authorized officer shall be final

and conclusive proof of the Customer(s)’ indebtedness under the OD. PERIODIC REVIEW 10. BOCM reserves the right to review the OD at any time and from time to time irrespective of

whether or not an Event of Default has occurred and nothing in these Terms and Conditions shall be deemed to impose on BOCM any obligation either at law or in equity to make or to continue to make available the OD to the Customer(s).

EVENT OF DEFAULT 11. Notwithstanding BOCM’s right to recall all monies owing under the OD on demand, all monies,

interest accruing thereon and other monies for the time being owing or remaining unpaid by Customer(s) under the OD shall also become due and immediately repayable by the Customer(s) to BOCM and BOCM shall be entitled to recover the same with interest hereon at the Default Rate, with prior notice.

CALL FOR ADDITIONAL FD PLACEMENT 12. In the event the CNY or USD exchange rate is equal or below the MCR ceasing to provide a

margin of security satisfactory to BOCM, the Customer(s) undertakes to provide to BOCM on demand additional FD placement to the satisfaction of BOCM. In the event Customer(s) fails to do so, BOCM shall be entitled to exercise its rights to force sell FD and recall OD.

13. When the exchange rate is equal or below the MCR, BOCM shall be entitled at its absolute discretion to call on you either orally or in writing to restore FD shortfall within three (3) business days from the date of the oral notice or three (3) business days from the date of the written notice, whichever shall be the earlier.

MODIFICATION & INDULGENCE 14. The liability of the Customer(s) and the rights of BOCM shall not be affected by anything done

by BOCM and BOCM may at any time and from time to time without affecting or releasing the Customer(s):- (a) Determine vary increase or restructure the OD or the overdraft limit and may open and/or

continue any accounts with the Customer(s) at any branches of BOCM;

(b) Grant the Customer(s) or any other person any time or indulgence; or

(c) Deal with, exchange, release or modify or abstain from perfecting and enforcing any securities or other guarantees or rights BOCM may now or any time hereafter or from time to time have from or against the Customer(s) or any other person; or

(d) Compound with the Customer(s) and/or any other person.