General Terms and Conditions
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TERMS AND CONDITIONS OF BDO PRIVATE BANK WEBSITE ACCESS
Welcome to the BDO Private Bank Website (www.bdo.com.ph/private-bank). By accessing the website, the user agrees to comply with and be bound by the following terms and conditions of use. ● By entering this website, user is giving consent to BDO Private Bank to collect non-identifiable information in order to track and serve relevant contents. ● The BDO Private Bank Website is frequently updated and enhanced. New content is added as it becomes available. ● The content of the pages of this website is for the user’s general information only and does not form the basis for personal investment or important decisions. These are in no way substitutes for individual professional advice from financial consultants or securities analysts tailored to individual investors. ● BDO Private Bank shall not be liable for any consequences resulting from the use of any of the information or materials found in this website. It shall be the user’s responsibility to check whether or not the products, services or information available through this website meet specific requirements or if said information is accurate, current or updated. ● This website contains material which is owned by or licensed to BDO Private Bank. This material includes, but is not limited to, the logo, design, layout, look, appearance, and graphics. Reproduction or use of said materials in any format, digital or otherwise, for purposes of promotion, publication, display or distribution outside BDO Private Bank is prohibited without a written permission from BDO Private Bank. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. ● The content of this website is subject to change without notice.
GENERAL TERMS AND CONDITIONS OF BDO PRIVATE BANK ACCOUNTS
For BDO Private Bank, Inc. - Regular Banking Services
CASH DEPOSITS Cash deposits reported in your account statement are insured with the PDIC up to a maximum of Php500,000.00, as may be amended by law. Interest due to your funds in the account will be computed daily based on the available balance in your account. Interest for the period will be credited on the last day of the relevant period. For more detailed information on your current account and bank deposits, please refer to the BDO Private Bank Inc. Master Account Opening Agreement. PDIC Rules on Beneficial Ownership shall govern in determining PDIC coverage.
STATEMENTS / CONFIRMATIONS / REPORTS Statements, confirmations, reports and all other documents addressed to you pertaining to your account shall be deemed correct unless we receive written notice from you to the contrary no later than three (3) banking days from your receipt of the statement, confirmation or report. For electronic fund transfers other than Securities, in case of any disagreement with the statement, confirmation or report, please write to us at the address shown in the Customer Service Information section of your statement as soon as possible and provide us with the following information: (1) your name and account number, (2) the correct amount of peso or foreign currency supposedly reported erroneously, (3) description of the supposed error on the transfer and an explanation as to why you believe there is an error or why you need more information. If you notify the Bank of any error in your account statement or record, or if you need more information about a transfer on the statement or record, we will investigate your complaint or address your concern and promptly make the correction or provide the requested information as appropriate.
INACTIVE & DORMANT ACCOUNTS An account with no cash or securities movement for a continuous period of one (1) year will be classified as inactive or dormant, (and an appropriate monthly fee shall be imposed on said Account). If there is no activity in your account during the entire one-year period, our customer service and/or investment officers will re-establish contact with you at the last forwarding address and contact numbers listed on the bank's records. Upon re-establishing contact with the account holder(s), we will request for an update of the bank's records and request disposition for your account(s).
PDIC RULES ON BENEFICIAL OWNERSHIP OF DEPOSITS 1. PDIC presumes that the name/s on the deposit instrument is/are the actual and beneficial owner/s of the deposit, except as provided herein. 2. For transfers of deposits, PDIC shall recognize the beneficial ownership of transferees who are related to the transferor within the third degree of consanguinity or affinity (“qualified relatives”). Transfer shall include break-up of deposits. 3. For (a) deposits or transfers in favor of entities, singly or jointly with individuals, and (b) transfers in favor of non-qualified relatives, where such will result in increased deposit insurance coverage, PDIC shall recognize beneficial ownership if records of the deposit accounts show: (i) details establishing the right or capacity on the relationship of the entity with the individuals, or (ii) details establishing the validity or effectivity of the transfer, or (iii) copy of the Board Resolution, order of competent government entity, contract or similar document as required or provided by law. Otherwise, the deposit shall be deemed maintained for the benefit of the transferor although in the name of the transferee, subject to consolidation with the other deposits of the transferor. 4. PDIC may require additional documents from the depositor to ascertain the details of the transfer or the right or capacity of the transferee or his relationship to the transferor.
SECURITIES Securities transactions may be coursed through BDO Securities Corporation or any member-broker of an exchange licensed by the Securities and Exchange Commission, or investment bank. Securities are neither bank deposits nor PDIC insured, are not obligations of or guaranteed by the Bank or BDO Securities Corporation, or any broker, and are subject to investment risks, including possible loss of the principal amount invested. For complete information about securities and mutual funds, including charges and expenses thereon, please ask for a prospectus which should be read carefully before you invest or send money. For more detailed information about securities deposited in your safekeeping account, please refer to the BDO Private Bank, Inc. Securities Account Agreement.
For BDO Private Bank, Inc. - Trust Group Services
BDO Private Bank, Inc. acting through its Trust Group will exercise due care and diligence in the execution of investments but we will not be liable for any depreciation thereto. The value of investments may fall as well as rise and there is no guaranty that you can get back the amount you originally invested. A fixed rate of interest or return on investments of the trust and/or investment management fund is neither assured nor guaranteed by us. Where funds are placed in fixed-income generating investments, a quotation of income expectation is not a guarantee of income but merely for reference purposes only. The past performance of securities, indexes and/or other investments does not guarantee or predict future performance. Calculations of returns on instruments may be linked to a referenced index or interest rate. In such cases, the investments may not be suitable for persons not acquainted with such index or interest rate or unwilling or unable to bear the risks associated with the investment. Risks include, but are not limited to, interest rate, index, currency, credit, political, liquidity, commodity and market risk. Thus, certain kinds of investments are not suitable for all investors. It is therefore understood that the results of any and all investments shall be for your sole account and risk.
This form is non-negotiable and serves only to confirm the details of the particular security where your funds were invested as of its date AND the prior authority given to us generally through the requisite letter of instruction/request directing us to invest in the same. A possession of the original copy of this form is not conclusive that the security appearing herein remains outstanding. Your outstanding investments under the specific account referred to herein and the valuation thereof shall be based on our trust and/or investment management books and records.
It is understood that investments made under trust, investment management and other fiduciary arrangements are not insured (a) by the Philippine Deposit Insurance Corporation (“PDIC”), (b) by any other governmental agency, and (c) by any statutory scheme in the Republic of the Philippines.
A corporate issuer of an instrument, broker or any kind of financial intermediary in a transaction/investment may be a related-company of BDO Private Bank, Inc. ("Bank") and the Bank in such instance shall deal with the related company at arms-length, meaning on independent and equal terms and conditions as those entered into by the Bank with other non-related companies.
The Bank or its departments, directors, officers, employees, stockholders, and related interests may (a) maintain a long or short position in securities and investments, (b) purchase or sell, (c) make a market in, or (d) engage in any other transaction involving such securities and investments.
For BDO Private Bank, Inc. - Trust Group - Confirmation of Transactions
For transaction/s involving securities, this is a confirmation of our execution of your trade instruction. This is not a confirmation of its settlement.
Securities transactions are settled on a later date known as the settlement date. This means that the delivery of the securities and/or payment for the securities will happen on Trade Date plus a certain number of days.
In the case of purchase transactions, unless we receive from you, in cleared funds, on or before settlement date prior to the applicable cut-off time, the amount required to settle the purchase transaction, we will not be able to settle said purchase transaction with the counterparty. Also, until we actually receive the purchased security, we will not be able to immediately execute any of your instructions to sell the same.
In the case of sale transactions, unless securities (WITHOUT LIEN) are with us, or unless we receive from you or from your custodian bank the delivery of the securities (WITHOUT LIEN) to be sold, on trade date prior to the applicable cut-off time, we will not be able to execute said sale transaction on trade date. Also, until we actually receive the payment on the sale transaction, we will not be able to immediately execute any instruction to reinvest the proceeds or credit the same to your account.
In the case of Unit Investment Trust Funds / Mutual Funds, the number of units/shares and the corresponding Net Asset Value Per Unit/Share will only be known on settlement date.
For both BDO Private Bank, Inc. - Regular Banking Services and Trust Group Services
Except when clearly and expressly constituted as withholding agent under relevant tax laws and regulations, we are not the withholding agent on any income derived from or connected with the investment. For taxable income, you are advised to timely report such and pay the taxes due thereon to the Bureau of Internal Revenue and/or the proper tax authorities to avoid incurring penalties and surcharges. Please consult your own tax advisor as to the particular tax consequences including the applicability and effect of any local, national, and foreign tax laws with respect to your purchase, ownership and disposition of the investment instrument.
Under certain circumstances, accounts inactive for a continuous period of ten (10) years will be escheated in favor of the Philippine Bureau of the Treasury (pursuant to the Unclaimed Balances Law, Act No. 3936, as amended).
We reserve the right to amend these terms and will give you due notice before any substantial and material change is made hereto. Notices, instructions or communications required or permitted between you and us shall be in writing and/or recorded line and shall be sent or transmitted based on your preferred manner of service of notice to the addresses and numbers indicated or as otherwise separately designated in writing by the parties. Except as otherwise specified herein, all notices shall be deemed duly given on the date of receipt.
This is a computer-generated form and if issued without any alteration will not require a signature. In case of any discrepancy in the details, please notify us within three (3) banking days from receipt; otherwise, you shall be deemed to have waived such discrepancy and the contents of this statement shall be conclusive and binding to you. |