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Governing Law:

All transactions between the client, you and Kimaya Securities & Financial Services Pvt. Ltd shall be governed by and construed in accordance with the laws of India.

Any litigation regarding this agreement or any transaction between the customer and Kimaya Securities & Financial Services Pvt. Ltd. or any action at law or in equity arising out of or relating to these agreement or transaction shall be filed only in the Competent Courts of Mumbai only and the customer hereby agrees, consents and submits to the jurisdiction of such courts for the purpose of litigating any such action.

Refusal of orders for “Penny Stocks”:

Although, the term “Penny Stock” has not been defined by BSE / NSE or any other stock exchange or by SEBI, a “Penny Stock” generally refers to a stock which has following characteristics:

• Has small market capitalization;
• Trades at a price less than its face value;
• Has unsound fundamentals;
• Is illiquid (A list of illiquid securities is jointly released by NSE and BSE from time to time.)

Kimaya Securities & Financial Services Pvt. Ltd recognizes that it is the client’s privilege to choose shares in which he / she would like to trade. However, Kimaya Securities & Financial Services Pvt. Ltd likes to pay special attention to dealing in “Penny Stocks”. To this end:

• KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD may refuse to execute any client’s orders in “Penny Stocks” without assigning any reason for the same.
• Any large order for purchase or sale of a “Penny Stock” should be referred to Head – Dealing before such orders can be put in the market for execution.
• Clients must ensure that trading in “Penny Stock” does not result in creation of artificial volume or false or misleading appearance of trading. Further, clients should ensure that trading in “Penny Stock” does not operate as a device to inflate or depress or cause fluctuations in the price of such stock.
• Clients are expected not to place orders in “Penny Stocks” at prices which are substantially different from the prevailing market prices. Any such order is liable to be rejected at the sole discretion of KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD.
• In case of sale of “Penny Stocks”, clients should ensure the delivery of shares to KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD before the pay-in date.

Setting up client’s exposure limit:

• Exposure limit for each client is determined by the Risk Management Department based on client’s net worth information, client’s financial capacity, prevailing market conditions and margin deposited by client in the form of funds / securities with KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD. These limits may be set exchange-wise, segment-wise, and scrip-wise.
• The limits are determined by Risk Management Department based on the above criteria and the payment history of the client in consultation with Sales / Sales traders.
• KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD retains the discretion to set and modify, from time to time, any client’s exposure limit decided as above.
• Whenever any client has taken or wants to take exposure in any security, KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD may call for appropriate margins in the form of early pay-in of shares or funds before or after execution of trades in the Cash segment. In case of any margin shortfall, the clients will be told to reduce the position immediately or they will be requested to deposit extra margin to meet the shortfall. Otherwise, KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD may refuse to trade on behalf of such client at its own discretion.

Applicable brokerage rate:

• Brokerage Rate is mutually decided between the KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD and each client based on client’s net worth, expected trading volume, etc. The maximum brokerage chargeable will not exceed the rates prescribed by SEBI and the exchanges.
• The applicable brokerage rate will be mentioned in the Client registration form and any change in the brokerage rate in future will be communicated to the client.

Imposition of penalty / delayed payment charges by either party, specifying the rate and the period:

• Penalty and other charges levied by Exchanges pertaining to trading of the client shall be recovered from the respective client.
• If there is delay on the part of the client in satisfying his / her margin obligation or settlement obligation then KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD shall levy delayed payment charges at the rate of 12% p.a. on such shortfall for the period of delay on such client. KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD shall recover such delayed payment charges from the client by debiting the client’s account.
• No interest or charges will be paid by KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD to any client in respect of retention of funds or securities towards meeting future settlement obligations and in respect of running account authorizations.

Right to sell clients’ securities or close clients’ positions, without giving notice to the client, on account of non-payment of client’s dues:

• KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD has the right to close out / liquidate or square off any open position of the client (limited to the extent of settlement / margin obligation), without giving any prior notice, all or any of the client’s positions as well as securities / collaterals placed as margins for non-payment of margin or other amounts due from such client in respect of settlement or any other dues that are recoverable from the client by XYZ SHARE BROKERS LIMITED. The proceeds of the same shall be adjusted against the client’s liabilities / obligations. Any loss or financial charges on account of such close-out / liquidation shall be debited to the client’s account.

Shortages in obligations arising out of internal netting of trades:

• In case of shortage in meeting the settlement obligation, either party shall endeavor to make good such shortage through securities / value of shortage as per the Rules, Regulations and Bye-laws of the respective stock exchange.

Conditions under which a client may not be allowed to take further position or the broker may close the existing position of the client:

KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD shall have absolute discretion and authority to limit client’s volume of business or to close any existing position of a client without giving any prior notice to the client under following conditions:

• Extreme volatility in the market or in particular scrip or in the F&O segment.
• There is shortfall in the margin deposited by client with KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD
• There is insider trading restrictions on the client.
• There are any unforeseen adverse market conditions or any natural calamity affecting the operation of the market.
• There are any restrictions imposed by Exchange or Regulator on the volume of trading outstanding positions of contracts.
• The client is undertaking any illegal trading practice or the client is suspected to be indulging in money laundering activities.
• KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD has reached its limit in that scrip.
• The client has breached the client-wise limit.
• The client has taken or intends to take new position in a security which is in the banned period.
• Due to abnormal rise or fall in the market, the markets are closed.

Temporarily suspending or closing a client’s account based on the client’s request:

• Any client desirous of temporarily suspending his or her trading account has to give such request in writing to the management. After management’s approval, further dealing in such client’s account will be blocked. Whenever trade has to be resumed in any suspended client account, a request in writing should be made by the client to the management and the management may ask for updated financial information and other details for reactivating such account. After receiving necessary documents, details, etc. and approval from the management, the client account will be reactivated and transaction will be carried out.
• Similarly, any client desirous of closing his / her account permanently is required to inform in writing and the decision in this regard will be taken by the management. After necessary approval from the management, the client code will be deactivated. Only after scrutinizing the compliance requirements and a “no pending queries” confirmation is taken, securities and funds accounts will be settled.

Deregistering a Client:

KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD may, at its absolute discretion, decide to deregister a particular client. The illustrative circumstances under which KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD may deregister a client are given below:

• SEBI or any other regulatory body has passed an order against such client, prohibiting or suspending such client from participating in the securities market.
• Such client has been indicted by a regulatory body or any government enforcement agency in case of market manipulation or insider trading or any other case involving violation of any law, rule, regulation, guideline or circular governing securities market.
• Such client’s name appears in the UN list of prohibited entities or in the SEBI debarred list.
• Such client’s account has been lying dormant for a long time or the client is not traceable.
• Such client has been declared insolvent or any legal proceedings to declare him / her as insolvent have been initiated.
• Such client has been irregular in fulfilling obligations towards margin or settlement dues.
• Such client has a tainted reputation and any business relationship with such clients is likely to tarnish the reputation of KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD or may act as detriment to KIMAYA SECURITIES & FINANCIAL SERVICES PVT. LTD prospects.

Risk Management Policy

Trade exposure risk:

An integrated risk management mechanism has many constituents. The following policy deals with the trade exposure risk only.

Policy:

• No Account shall be opened without KYC and all documents and signed for authorization.This is the responsibility of Ms. Soni Chugh.
• Executing a trade is one of the fundamental risk origination points and the most effective tool for managing this risk is to have a strong initial margin system.
• The initial margin may be in the form of margin deposits or shares transferred into our depository account. Hence initial margin deposit should be collected from every client while registration along with the Know Your Client (KYC) Form.
• In case of shares as margin the value of the initial margin shall be computed at the market value of previous day closing price.
• The approved person for authorizing these standard policies is Mr. Kamlesh Modi and the following exposures shall be permitted.

 

Intra - day exposure:	10 times the initial margin deposit
Gross exposure:	8 times the initial margin deposit
Mark to Market exposure:	2 time initial margin deposit

• The debit balance for any given settlement should be paid by all the clients by the settlement day. If any debit balance remains outstanding at the end of settlement day, the amount outstanding shall be deducted from the initial margin deposit of that client. The responsibility for follow up and collection of debit balances of the Accountant.
• If any client continues to have a debit balance after adjusting the initial margin deposit for a period exceeding one month, then no fresh trades shall be executed for the client except squaring off the existing positions.
• No Shares should be transferred to clients respective DP accounts unless all outstanding debits are cleared.

Deviation Policy

Our business managers have opined that provision must be made to accommodate clients not willing to place initial margin deposits.
A default initial margin deposit of Rs. 10,000 shall be provided to any client, which shall be authorized by The Managing Director of the Company and the following exposures shall be permitted.

Intra - day exposure:	5 times the initial margin deposit
Gross exposure:	4 times the initial margin deposit
Mark to Market exposure:	2 time initial margin deposit

If any client with default initial margin deposit has a debit balance then no fresh trades shall be executed for the client except squaring off the existing positions.
Any deviation from any of the above stated norms shall be approved by the board of directors.

DORMANT / INACTIVE A/C POLICY

POLICY

• A client who does not trade for six months is considered as a dormant client. Everyday we generate a report from our Back Office Software to identify the dormant accounts, on identification of dormant account the clients are added to the dormant list & set the limit at zero on the trading terminals. This prevents any trading related activity in the account.
• The account in case the client wants to reactivate, he has to provide a proof of IDENTITY like pan card, passport etc along with reactivation letter.