Tashkent " " _____________20__
"Toshkent" Republican Stock Exchange, hereinafter referred to as "the Exchange", represented by the Chairman of the Management Board ________________________, acting on the basis of the Charter, and ___________________________________________________________________________, hereinafter
(name of the juridical person)
referred to as the "Exchange Member", represented by __________________________________, acting on the basis of the Charter, made the Agreement as follows:
1.1. Interaction of the Parties in the course of effecting securities transactions on the Exchange and the rights and obligations of the Parties arising from this.
2.1. The Exchange has the right:
2.1.1. To determine the procedure for admission, suspension, termination membership of "Toshkent" RSE.
2.1.2. Upon termination of membership on "Toshkent" RSE, to demand mutual settlements on the basis of the "Report on reconciliation of mutual settlements of liabilities of the Parties".
2.1.3. To determine the procedure for admission of securities to exchange trades with their inclusion to the Exchange quotation list.
2.1.4. In the absence or delay of a license for carrying out professional activities in the securities market as an investment intermediary or trustee managing investment assets, to forbid Exchange members performance of exchange trades.
2.1.5. In case that an Exchange member does not have two employees with a qualification certificate of a securities market specialist, as well as if he violates the Rules of Exchange Trading in Securities in "Toshkent" RSE, to temporarily suspend him from Exchange trades.
2.1.6. To suspend or refuse registration of exchange transactions made in violation of the legislation and the Rules of Exchange Trading in Securities in "Toshkent" RSE.
2.1.7. To stop the exchange trades if the quotes (prices) deviate by more than the limit determined by the Exchange.
2.1.8. To set the amount of fees for services provided by the Exchange.
2.1.9. To determine and establish the amount of membership fees charged to Exchange Members, or cancel collection of membership fees on the basis of a relevant decision of the Exchange Board.
2.1.10. To establish and collect fines and penalties for violating the Rules of Trading in Securities in the RSE "Toshkent."
2.1.11. Not to disclose the contents of the exchange transaction (with the exception of the name, quantity, quotation (price) of securities, the date of the conclusion of the exchange transaction) to third Parties.
2.1.12. To provide information on the exchange transaction to the courts, and, in the presence of an initiated criminal case, to the bodies of inquiry and investigative authorities.
2.1.13. To provide information on the content of the exchange transaction related to counteracting the legalization of income derived from criminal activity and to the financing of terrorism, to a specially authorized state body in cases and in the manner prescribed by law.
2.1.14. To exclude the Exchange Member for violating the current legislation, the Rules for Exchange Trading in Securities on the "Toshkent" RSE, the internal regulatory documents of the Exchange, as well as by the decision or recommendation of state authorized bodies.
2.2. The exchange may have other rights in accordance with the legislation, the Charter of the Exchange and the Rules of Exchange Trading in Securities in the "Toshkent" RSE.
2.3. The Exchange is obliged:
2.3.1. To act in accordance with the legislation of the Republic of Uzbekistan, the Charter of the Exchange, the Rules of Exchange Trading in Securities in "Toshkent" RSE, other internal documents and Exchange regulations, as well as decisions of the Exchange agencies of administration.
2.3.2. To organize exchange trades in securities included in the exchange quotation list, to provide the necessary conditions for the normal circulation of securities, to determine their market prices and the proper dissemination of information hereto.
2.3.3. To conduct quoting (determining the price) of securities on the basis of the ratio of their demand and supply according to the results of Exchange securities trades.
2.3.4. To inform, in due time, the Exchange member about the place and the time of the exchange trading on trading floors and in sections.
2.3.5. To create conditions for ensuring the execution of concluded exchange transactions.
2.3.6. To carry out, intermediately the Exchange CSO, the definition, clarification and set-off of mutual obligations of Exchange members and their clients (clearing), as well as mutual settlements between them through special accounts opened by the CSO of the Exchange in the servicing bank.
2.3.7. To keep a separate account of the Exchange's funds, Exchange Members and their customers intermediately the CSO of Exchange.
2.3.8. On a regular basis (at least once a week), to post on its official website quotations (prices) of securities, as well as to inform the Exchange Members about the results of each exchange trade.
2.3.9. To admit to exchange trades only securities included in the exchange stock quotation list after the listing.
2.3.10. Prior to the commencement of trading, on a free-of-charge basis, to provide training for exchange traders (traders of Exchange members) representing professional participants of the securities market, with the issue of a certificate of a standard pattern.
2.3.11. To furnish the Exchange Member with services and conditions for the execution and registration of transactions, namely:
the central trading floor of the Exchange with the automated workplace of the Trader - the Exchange member (AWP of the trader - the Exchange member);
Contactless smart card for access to enter the central trading floor of the Exchange on the basis of the act of acceptance-transfer on the list of traders representing the Exchange member;
Connection to the Exchange trading system for work in the mode of "remote access" in the sections of the Exchange trading system, where it is provided for;
The opportunity to use communication means for completing and registering exchange transactions on terms stipulated by the Exchange internal documents;
Services of departments and services for the conclusion and registration of transactions, as well as when making mutual settlements with the Exchange;
List of orders for purchase and sale for the forthcoming exchange trading on securities included in the exchange quotation list;
Consultations of the Exchange specialists on the issues of technology of transactions in electronic mode;
Copies of normative documents of the Exchange, regulating the rules of exchange trade, rights and obligations of Exchange members, in electronic format;
To notify, in due time, of changes in the schedule of exchange trades in accordance with the decision of the Exchange Board;
To inform about the quotations of securities included in the exchange quotation list by disclosing information on the Exchange official site;
To inform about the results of each exchange trade by posting information on the Exchange official site.
2.3.12. To adjudicate, in due time, disputes on securities transactions and to take measures to adjust disputes vesting the Exchange member in the process of execution, conclusion and execution of transactions on the Exchange.
2.3.13. To familiarize the Exchange member with the "Procedure for admission to the Exchange Members, suspension, termination of membership in "Toshkent" RSE", "Rules of Exchange Trading in Securities in "Toshkent" RSE" and other documents, regulating the rights and duties of the Exchange member, when entering into this Agreement.
2.3.14. To immediately inform the Exchange member through the Exchange official site about the decisions taken by the Board and the Exchange Supervisory Board regarding changes in the Rules of Exchange Trading in Securities in "Toshkent" RSE.
2.3.15. In due time, to familiarize the Exchange's member with the amendments made to the legislation and normative acts by posting them on the Exchange official site.
2.4. The Exchange may also bear other obligations in accordance with the legislation, the Exchange Charter and the Rules of Exchange Trading in Securities in "Toshkent" RSE.
2.5. The Exchange member has the right:
2.5.1. To participate in exchange trades and to conclude exchange transactions in accordance with the Rules of Exchange Trading in Securities in "Toshkent" RSE when performing the functions of a broker or dealer (market maker).
2.5.2. To participate in the meetings of Exchange Members.
2.5.3 To participate in the activities of exchange commissions.
2.5.4. To take part in the development of new editions of the Rules of Exchange Trading in Securities in "Toshkent" RSE.
2.5.5. To use the services of the Exchange on the terms established by current legislation, constitutive document, internal regulations, as well as by this Agreement.
2.5.6. To receive information on the results of each exchange trade.
2.5.7. To submit proposals to the Exchange Board on improving the Exchange's activities.
2.6. A member of the Exchange may have other rights in accordance with the legislation and the Rules of Exchange Trading in Securities in "Toshkent" RSE.
2.7. The Exchange member is obliged:
2.7.1. To carry out his activities on the Exchange in accordance with the legislation, the Rules of Exchange Trading in Securities in "Toshkent” RSE, internal regulations, as well as decisions of the Exchange agencies of administration.
2.7.2. To furnish the client, in due time, with complete information related to the execution of stock transactions in his interests, as well as the execution of his orders.
2.7.3. To furnish the Exchange, in due time, with complete information related to their participation in exchange trades, execution and conclusion of exchange transactions, as well as for the work of exchange commissions.
2.7.4. When concluding an agreement with the client, to familiarize him with the Rules of Exchange Trading in Securities in "Toshkent" RSE and the terms of the clearing and settlement. Upon request of clients, to furnish them with information on the date of adoption and the number of the Exchange Board decision on inclusion to the Exchange Members;
2.7.5. To keep separate records of exchange transactions made at their own expense and at the expense of the client.
2.7.6. To keep separate accounting of monetary resources of his clients.
2.7.7. To maintain confidentiality of confidential information on his customers, counterparties, to observe their interests and interests of the Exchange.
2.7.8. To acquaint clients with the conditions of execution of exchange transactions, including the procedure for performing settlements and transferring entitlements to securities; the sanctions applied by the Exchange, if the obligations on the concluded exchange transactions are not fulfilled or improperly fulfilled; to include this information in the terms of contracts concluded with the client for the purchase and sale of securities.
2.7.9. To exclude manipulation of prices and creating conditions that entail the destabilization of the securities market when performing exchange transactions.
2.710. To provide, in due time, accreditation on the Exchange brokerage office with the necessary number of traders.
2.7.11. To provide training for at least 2 employees to work on the "AWS of Trader of Exchange member" to work in the Trading System, and passing certification in the Exchange's Qualification Commission for the right to participate in exchange trades.
2.7.12. To issue a power of attorney for the entitlement to conclude transactions and to sign the exchange documents on concluded transactions to employees who have a qualification certificate of a securities market specialist and who are entitled to participate in exchange trades.
2.7.13. Since the formalization of the registration card of the brokerage office, certified by its seal, to assume all the rights and obligations arising from the terms of contracts signed by employees entitled to sign.
2.7.14. In order to formalize and file an application, as well as for executing securities purchase and sale transactions, to ensure that the Exchange has received electronic digital signature (EDS) certificates for its traders in electronic form.
2.7.15. To provide his state with and to have at least 2 employees with a qualification certificate of a securities market specialist.
2.7.16. To notify the Stock Exchange of the presence of at least 2 employees with a qualification certificate of a securities market specialist in their state at the time set by the Exchange Board.
2.7.17. To notify the Exchange of changes in its staff and the presence of one employee with a qualification certificate of a securities market specialist immediately when the mentioned situations occurs.
2.7.18. To inform, in due time, the Exchange about the termination of the license for professional activities in the securities market and of qualification certificates of the securities market specialists of employees of the accredited brokerage office.
2.7.19. To furnish the Exchange with his mailing address, legal details, phone numbers (faxes, telexes) and to notify, in due time, the Exchange of their changes, as well as of reorganization and liquidation of the organization.
2.7.20. To ensure the timely payment of commission fees on securities transactions to the settlement account (deposit account on demand) of the Exchange in accordance with the Rules of Exchange Trading in Securities in "Toshkent" RSE.
2.7.21. At time, stated by the Exchange, to pay membership fees (if provided for by the Exchange decision) and services provided by the Exchange for the organization and holding of exchange trades, to make other payments in the manner, size and ways provided for by concluded contracts and internal documents of the Exchange.
2.7.22. If the Exchange Members are expelled from the membership of the Exchange, to repay all types of existing debts to the Exchange (membership fees, commissions, penalties for late payment of commissions).
2.7.23. To carry out with the Exchange reconciliation of mutual settlements on liabilities at the request of the Exchange or as necessary.
2.7.24.When filing applications and processing securities purchase and sale transactions, to keep passwords to enter the Exchange's trading system and certificates of electronic keys for use of EDS from transferring to other persons.
2.7.25. To observe the rules of access to the central trading floor of the Exchange and to ensure the integrity and safety of the contactless access smart card. In case of loss or damage to the contactless access smart- card, to reimburse its cost.
2.7.26. To observe the norms of business ethics in the relations with the Exchange employees and other Exchange Members.
2.7.27. To ensure that transactions on securities are made on a regular basis, at least one transaction per quarter.
2.7.28. To keep records of all transactions and transactions carried out on the securities market, to ensure the storage of their records in the manner prescribed by law.
2.8. Members of the Exchange may bear other obligations in accordance with the legislation and the Rules of Exchange Trading in Securities in "Toshkent" RSE.
3.1. The Parties are responsible for non-fulfillment or improper performance of their obligations in the volume and in amounts prescribed by the legislation regulating exchange activities and the functioning of the securities market, as well as by the Exchange's Charter, the Rules of Exchange Trading in Securities in "Toshkent" RSE, "Procedure for Admission to Members of the Exchange, Suspension , Termination of membership of "Toshkent" RSE, decisions of the Exchange agencies of administration bodies and present Agreement.
3.2. All claims vesting the Exchange on issues related to the conclusion, formalization and execution of the transaction, including if the guilty party is a member of the Exchange's Member, shall be presented by the Exchange to the Exchange Member.
4.1. All disputes between the Parties for which no agreement has been reached shall be presided in the Tashkent city branch of the Association of Arbitrators or in the Tashkent Economic Court.
5.1. This Agreement enters into force from the moment of its signing by the Parties and is valid until "____" ____________ 20__.
5.2. The agreement can be terminated by agreement of the Parties or unilaterally on the initiative of the Exchange, if the Exchange member is excluded from the "Toshkent" RSE.
EXCHANGE: __________________ Member of "Toshkent" RFB: ______________
______________________________ _______________________________________
Address: ________________________ Address: _______________________________
_______________________________ _______________________________________
Settlement account ________________ Settlement account________________________
________________________________ _______________________________________
MFO _________ Vat No. __________ MFO _________ Vat No. __________________
Bank___________________________ Bank___________________________________
AUNSNE_______________________ AUNSNE_______________________________
Full name_______________________ Full name_______________________________
______________________________ ____________________________________
(signature) (signature)
L.S. L.S.