This brief statement (even though not required for OTC Trading)
does not disclose all of the risks and other significant aspects of trading
in leveraged investments. In light of the risks, you should undertake such
transactions only if you understand the nature of the contracts (and contractual
relationships) into which you are entering and the extent of your exposure
to risk. You should carefully consider whether trading is appropriate for
you in light of your experience, objectives, financial resources and other
circumstances.
1. Effect of ‘Leverage’ or ‘Gearing’ Transactions
in OTC accounts carries a high degree of risk. The amount of initial margin
is small relative to the value of the OTC contract so that transactions
are ‘leveraged’ or ‘geared’. A relatively small
market movement will have a proportionately larger impact on the funds you
have deposited or will have to deposit; this may work against you as well
as for you. You may sustain a total loss of initial margin funds and any
additional funds deposited with the firm to maintain your position. If the
market moves against your position or margin levels are increased, you may
be called upon to maintain your position. If the market moves against your
position or margin levels are increased, you may be called upon to pay substantial
additional funds on short notice to maintain your position. If you fail
to comply with a request for additional funds within the time prescribed,
your position may be liquidated at a loss.
2. Risk-reducing orders or strategies The placing of certain orders (e.g.
‘stop-loss’ order, where permitted under local law, or ‘stop-limit’
orders) which are intended to limit losses to certain amounts may not be
effective because market conditions may make it impossible to execute such
orders. Strategies using combinations of positions, such as ‘spread’
and ‘straddle’ positions may be as risky as taking simple ‘long’
or ‘short’ positions.
3. Terms and conditions of contracts You should ask the firm with which
you deal about the terms and conditions of the specific currencies which
you are trading and associated obligations (e.g. the circumstances under
which you may become obligated to make or take delivery of the full currency
value).
4. Suspension or restriction of trading and pricing relationships Market
conditions (e.g. illiquidity) and/or the operation of the rules of certain
markets (e.g. suspension of trading in any currency because of price limits,
government intervention or "circuit breakers") may increase the
risk of loss by making it difficult or impossible to effect transactions
or liquidate/offset positions.
5. Deposited cash and property You should familiarize yourself with the
protections accorded money or other property you deposit for domestic and
foreign transactions, particularly in the event of a firm insolvency or
bankruptcy. The extent to which you may recover your money or property may
be governed by specific legislation or local rules. In some jurisdictions,
property which had been specifically identifiable as your own will be pro-rated
in the same manner as cash for purposes of distribution in the event of
a shortfall.
6. Commission and other charges Before you begin to trade, you should obtain
a clear explanation of all commission, fees, markups, markdowns, rollovers,
interest rate differential and other charges for which you will be liable.
These charges will affect your net profit (if any) or increase your loss.
7. Transactions in other jurisdictions Transactions on currencies of other
countries in other jurisdictions, including markets formally linked to a
domestic market may expose you to additional risk. Such markets may be subject
to regulation which may offer different or diminished investor protection.
Before you trade you should inquire about any rules relevant to your particular
transactions. Your local regulatory authority will be unable to compel the
enforcement of the rules of regulatory authorities or markets in other jurisdictions
where your transactions have been effected. You should ask the firm with
which you deal for details about the types of redress available in both
your home jurisdiction and other relevant jurisdictions before you start
to trade.
8. Currency risks The profit and loss in transactions in foreign currency-denominated
contracts (whether they are traded in your own or another jurisdiction)
will be affected by fluctuations in currency rate where there is a need
to convert from the currency denomination of the contract to another currency.
9. Trading facilities OTC business is not traded on a regulated market and
therefore does not require open-outcry. Even though quotations or prices
are afforded by many computer-based component systems, the quotations and
prices may vary due to market liquidity. Many electronic trading facilities
are supported by computer-based component systems for the order-routing,
execution or matching of trades. As with all facilities and systems, they
are vulnerable to temporary disruption or failure. Your ability to recover
certain losses may be subject to limits on liability imposed by the system
provider, the market, the bank and/or financial institution. Such limits
may vary; you should ask the firm with which you deal for details in this
respect. FXCH offers trading in CFDs on shares, market indices, and futures;
not trading in the underlying instruments themselves. CFD trading with FXCH
therefore does not entitle the Trader to dividends, delivery, or possibly
certain other characteristics of buying or selling the underlying instrument.
Furthermore, CFD and Foreign Exchange trading with FXCH is not conducted
on any futures or stock exchange and is not subject to the rules of any
futures or stock exchange.
10. Electronic trading Trading on an electronic trading system may differ
not only from trading in the Interbank market but also from trading on other
electronic trading systems. If you undertake transactions on an electronic
trading system, you will be exposed to risks associated with the system
including the failure of hardware and software. The result of any system
failure may be that your order is either not executed according to your
instructions or is not executed at all.
Disclaimers:
a. Internet and System failures: Since FXCH does not control signal power,
its reception or routing via Internet, configuration of your equipment or
reliability of its connection, we cannot be responsible for communication
failures, distortions, delays, when you trade on-line (via Internet). Furthermore,
any losses or foregone profits in Trader's account are the responsibility
of the Trader and not FXCH, even if software, hardware, or other system
failures or errors contributed to such losses or foregone profits.
b. Market risks and on-line trading: Trading currencies involves substantial
risk that is not being suitable for everyone. See Trader Agreement for more
detailed description of risks. Trading on-line, no matter how convenient
or efficient, does not necessarily reduce risks associated with currency
trading.
c. Password protection: The Trader is obligated to keep passwords secret
and ensure that third parties do not obtain access to the trading facilities.
The Trader will be liable to FXCH for trades executed by means of the Trader’s
password even if such use may be wrongful.
d. Quoting errors: Should quoting errors occur due to a dealer’s mistype
of a quote, errors in an automatic price feed, or an erroneous price quote
from a dealer, such as but not limited to a wrong big figure quote, FXCH
will not be liable for the resulting errors in account balances. FXCH reserves
the right to make the necessary corrections or adjustments on the account
involved. Any dispute arising from such quoting errors will be resolved
on a basis of a fair market value of a currency or CFD at the time such
an error occurred.
11. Off-exchange transactions
In OTCFX, firms are not restricted to effect off-exchange transactions.
The firm with which you deal may be acting as your counterparty to the transaction.
It may be difficult or impossible to liquidate an existing position, to
assess the value, to determine a fair price or to assess the exposure to
risk. For these reasons, these transactions may involve increased risks.
Off-exchange transactions may be less regulated or subject to a separate
regulatory regime. Before you undertake such transactions, you should familiarize
yourself with applicable rules and attendant risks.
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