Annex

ANNEX 

(Applicable to Bonds/ Sukuk, FRNID/ NID/ INI and UTs / SP/SP-i)

ANNEX 

[Applicable to Bonds/Sukuk (“Securities”), FRNID/ NID/ INI (“Investments”) and UTs]

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1.       List of Documents

·         Documents for subscription in Securities:

(i) (Investor Suitability Assessment Acknowledgement

(ii) Investor Product Risk Assessment Acknowledgment;

(iii) Product Disclosure Sheet (PDS); and

(iv) Information Memorandum/ Offering Circular/ Prospectus/ Principal Terms and Conditions/ Pricing Supplements; which are specific to each Security.

1.       List of Documents

·         Documents for subscription in Securities:

(i) Investor Suitability Assessment Acknowledgement

(ii) Investor Product Risk Assessment Acknowledgment;

(iii) Product Disclosure Sheet (PDS); and

(iv) Issuer’s Information Memorandum/ Offering Circular/ Prospectus/ Principal Terms and Conditions/ Pricing Supplements; which are specific to each Security and

(v) Bank’s Securities Investment – Subscription Form & Securities Investment – Account Opening Form.

(vi) Customer Risk Undertaking Acknowledgment (if applicable)

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·         Documents for investing in Investments:

(i) Investor Suitability Assessment Acknowledgement

(ii) Investor Product Risk Assessment Acknowledgment

(iii) Product Disclosure Sheet (PDS);

(iv) Product Terms & Conditions & Risk Disclosure Statement,

(v) Term Sheet (where applicable),

·         Documents for investing in Investments:

(i) Investor Suitability Assessment Acknowledgement

(ii) Investor Product Risk Assessment Acknowledgment

(iii) Customer Risk Undertaking Acknowledgment (if applicable)

(iv) Product Disclosure Sheet (PDS);

(v) Product Terms & Conditions & Risk Disclosure Statement,

(vi) Term Sheet (where applicable),

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              Documents for subscription in UTs:

(i) Investor Suitability Assessment Acknowledgement

(ii) Product Highlights Sheet

(iii) Information Memorandum / Prospectus which are specific to each UTs.

·             Documents for subscription in SPs/SP-i:

(i) Investor Suitability Assessment Acknowledgement

(ii) Product Agreement (PA)

(iii) Product Highlights Sheet (PHS);

(iv) Risk Disclosure Statement (RDS)

applicable to each SP/SP-i.

           Documents for subscription in UTs:

(i)       Investor Suitability Assessment Acknowledgement

(ii)     Product Highlights Sheet

(iii)    Issuer’s Information Memorandum / Prospectus which are specific to each UTs; and

(iv) Bank’s Terms and Conditions Governing The Operation Of The Unit Trust Account And The Investment And Custodial Services

(v) Customer Risk Undertaking Acknowledgment (if applicable)

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- Any subscription of Bonds/Sukuk (“Securities”), FRNID/NID/ INI (“Investments”), and UTs, is subject to and conditional upon the Bank receiving full payment in respect of the investment.

• The investments are governed by the respective Securities/Investments/UTs’ product terms and conditions and subject to the risk disclosures, the Bank’s terms and conditions and Product Disclosure Sheet / Product Highlights Sheet and the Issuer’s documents - Information Memorandum/Offering Circular/ Prospectus/ Principal Terms and Conditions/ Pricing Supplements; all of which shall be deemed as part of the terms and conditions of your investment.

• The Product Disclosure Sheet/Product Highlights Sheet is not, and should not be construed as a recommendation by the Bank, to subscribe or purchase any of the Securities, Investments and  UTs.

• The Product Disclosure Sheet/Product Highlights Sheet is not substitute for, and should not be regarded as, an independent evaluation and analysis and does not purport to be all-inclusive. Each investor should perform and is deemed to have made its independent analysis of the Securities, Investments, UTs and all other relevant matters, and each investor should consult its own professional advisers and is expected to read and understand the Issuers’ terms and conditions for the investment. The information herein is subject to the detailed provisions of the relevant documentation in respect of the investment and is qualified in its entirety by reference to such documents.

The Investor Product Risk Assessment is made based on information obtained from the Investor Suitability Assessment. Investors are advised to exercise judgement in making an informed investment decision in relation to investments in Securities, Investments and UTs.

In the event that the product risk profile for my investments is higher than the investor’s investment risk requirement and/or risk profile, the investor’s investment instruction will be taken by the Bank on an ‘execution-only’ basis. This means that the investor has independently evaluated and assessed the merits and risks of the investment and/or have obtained separate and independent financial advice and insists on the investor’s investment decision even though the investment product is not recommended by the Bank and is deemed unsuitable for the investor.

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1.       Risk Disclosure

· Any subscription of Bonds/ Sukuk, FRNID/NID/ INI, UTs, SP and/or SP-i is subject to and conditional upon the Bank receiving full payment in respect of the Bonds/ Sukuk, FRNID/NID/INI, UTs, SP and/or SP -i.

· The terms and conditions of the investments are governed by the respective Bonds/ Sukuk, FRNID/NID/ INI, UTs, SP and SP-i Product Terms & Conditions and Risk Disclosure Statement, Term Sheet (where applicable), Product Disclosure Sheet / Product Highlights Sheet, Prospectus, Product Agreement, Structured Product Master Agreement, Risk Disclosure Statement, Information Memorandum and shall be deemed as part of the terms and conditions of this investment. The Product Disclosure Sheet/Product Highlights Sheet is not, and should not be construed as a recommendation by the Bank, to subscribe or purchase the Bonds/ Sukuk, FRNID/NID/ INI, UTs, SP and/or SP-i. The Product Disclosure Sheet/Product Highlights Sheet is not substitute for, and should not be regarded as, an independent evaluation and analysis and does not purport to be all-inclusive. Each investor should perform and is deemed to have made its independent analysis of the Bonds/ Sukuk, FRNID/NID/ INI, UTs, SP, SP-i and all other relevant matters, and each investor should consult its own professional advisers. The information herein is subject to the detailed provisions of the relevant documentation in respect of the Investment and is qualified in its entirety by reference to such documents.

· The Investor Product Risk Assessment is made based on information obtained from the Investor Suitability Assessment. Investors are advised to exercise judgement in making an informed investment decision in relation to the Bonds/ Sukuk, FRNID/NID/ INI, UTs, SP and SP-i.

· In the event that the product risk profile for my Bonds/ Sukuk, FRNID/NID/ INI, UTs, SP and/or SP-i is higher than my investment risk requirement and profile, I hereby agree to proceed with the purchase solely based on my own decision. I further state that I have been informed of the risks involved in investing in the Bonds/ Sukuk, FRNID/NID/ INI, UTs, SP and/or SP-i.

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2.   Risk Disclosure

· The risks that may be involved in entering into a Bonds/ Sukuk, FRNID/NID/ INI, UTs, SP, SP-i (collectively hereinafter referred to as “Investment”) includes:-

Credit Risk

The Investment is principal guaranteed if held to maturity. This Investment is NOT protected by Perbadanan Insurans Deposit Malaysia. The payment of the principal amount or returns (coupon) of the Investment depends upon the ability of the Bank to make such payments. The Investor is therefore taking the credit risk of the Bank as the issuer to the Investment. Given this long-term exposure, the Investor should be comfortable with the credit strength of the Bank and its ability to perform its obligations herein.

2. Risk Disclosure

· The risks that may be involved in entering into Securities, Investments, UTs  (where applicable) includes:

Credit Risk of the Issuer of the Investment

The investments is ARE NOT protected by Perbadanan Insurans Deposit Malaysia. The payment of the principal amount or returns (coupon) of the investment depends upon the ability of the issuer of the investment to make such payments. The Investor is therefore taking the credit risk of the issuer to the Investment. Investor should be comfortable with the credit strength of the relevant issuer and its ability to perform its obligations under the relevant investment.

Do note that the issuer may not be the Bank, please read the issuer’s related document carefully.

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Mismatch Risk

The timely payment of the coupon and the principal amount at maturity is an obligation of the Bank, which is obliged to obtain the necessary funds and to put in place the necessary hedges to ensure its ability to make such payments. Hence the Investor does not bear the direct risk of mismatch between the Investment and the underlying hedges. The Investor should however ensure the suitability of the Investment for matching its own investment or return requirements.

Principal Guarantee, Early Redemption and/or Early Termination

The principal amount at maturity of the Investment is guaranteed only if the Investment is held to maturity. If this Investment is redeemed earlier than at maturity, either due to an early redemption or due to an event which triggers an early termination by the Issuer, the Investor may not necessarily receive the principal amount at maturity as if the Investment were held to maturity. The Investor may also incur some degree of principal loss. As such, potential Investors should be prepared to hold this Investment to maturity. 

Operational Risk

The performance/execution of the terms and conditions of the Investment depends upon the proper functioning of the systems and processes both internal and external. An unforeseen disruption of such systems and processes, including that resulting from a market disruption or system interruption, may result in a delay in the performance of such terms. The Investor should also be prepared for, and have the necessary resources to manage, any internal operational issues arising from the Investment, including receipt of principal and returns.

Mismatch Risk

The timely payment of the coupon and the principal amount at maturity is an obligation of the issuer of the investment which is obliged to obtain the necessary funds and to put in place the necessary hedges to ensure its ability to make such payments. Hence the Investor does not bear the direct risk of mismatch between the investment and the underlying hedges. The Investor should however ensure the suitability of the investment for matching its own investment or return requirements.

Principal Guarantee, Early Redemption and/or Early Termination

The principal amount at maturity of the investment is guaranteed only if the investment is held to maturity. If the investment is redeemed earlier than at maturity, either due to an early redemption or due to an event which triggers an early termination, the Investor may not necessarily receive the principal amount at maturity as if the investment were held to maturity. The Investor may also incur some degree of principal loss. As such, potential Investors should be prepared to hold the investments to maturity.

Operational Risk

The performance/execution of the terms and conditions of the investment depends upon the proper functioning of the systems and processes both internal and external to the Bank and/or the issuer. An unforeseen disruption of such systems and processes, including that resulting from a market disruption or system interruption, may result in a delay in the performance of such terms. The Investor should also be prepared for, and have the necessary resources to manage, any internal operational issues arising from the investment, including receipt of principal and returns.

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3. Declaration by Customer

· I understand that Telecommunication Instructions in relation to the Investment is only made available to the principal account holder.

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3. Declaration by Customer

· I have not relied on any advice or views expressed by any associate, representative or employee of the Bank or its related companies and I am solely responsible for any decision made by me to subscribe for and to purchase the Investment. In the case where only Product Terms & Conditions & Risk Disclosure Statement, Term Sheet (where applicable), Product Disclosure Sheet/Product Highlights Sheet, Product Agreement, Structured Product Master Agreement, Risk Disclosure Statement has been made available to me, I confirm that I am aware that an investment is subject to and conditional upon (i) the necessary regulatory approval(s) (including but not limited to the approval of Bank Negara Malaysia and the Securities Commission) having been obtained in respect of the Investment issuance (ii) the Product Terms & Conditions & Risk Disclosure Statement, Term Sheet (where applicable), Product Disclosure Sheet/Product Highlights Sheet, Product Agreement, Structured Product Master Agreement, Risk Disclosure Statement being subject to a final due diligence and (iii) the Bank receiving the full payment in respect of the Investment.

1.       Declaration by Customer

· I have not relied on any advice or views expressed by any associate, representative or employee of the Bank or its related companies and I am solely responsible for any decision made by me to subscribe for and to purchase the investment. In the case where Issuer’s Information Memorandum/ Offering Circular/ Prospectus/ Principal Terms and Conditions/ Pricing Supplements, Product Disclosure Sheet (PDS)/Product Highlight Sheet; Product Terms & Conditions & Risk Disclosure Statement, Term Sheet (where applicable),Product Agreement, Investor Suitability Assessment Acknowledgement, Investor Product Risk Assessment Acknowledgment and Customer Risk Undertaking Acknowledgment (if applicable) has been made available to me, I confirm that I am aware that an investment is subject to and conditional upon (i) the necessary regulatory approval(s) (including but not limited to the approval of Bank Negara Malaysia and the Securities Commission) having been obtained in respect of the investment issuance and/or my subscription (ii) Principal Terms & Conditions/Pricing Supplement & Risk Disclosure Statement, Term Sheet (where applicable), Product Disclosure Sheet/Product Highlights Sheet, Product Agreement, Risk Disclosure Statement, Issuer’s Information Memorandum/Offering Circular/ Prospectus being subject to a final due diligence to be conducted by me and (iii) the Bank receiving the full payment in respect of the investment.

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3. Declaration by Customer

· I understand that the abovementioned risks are not intended to be exhaustive, and are general in nature and do not reflect all the risks associated with the Investment. I should read the detailed information and risk factors/ investment considerations set out in the relevant Investment’s Product Terms & Conditions & Risk Disclosure Statement, Term Sheet (where applicable), Product Disclosure Sheet/Product Highlights Sheet, Product Agreement, Structured Product Master Agreement, Risk Disclosure Statement.

3. Declaration by Customer

· I understand that the abovementioned risks are not intended to be exhaustive, and are general in nature and do not reflect all the risks associated with the investment. I should read the detailed information and risk factors/investment considerations set out in the relevant investment’s product Issuer’s Information Memorandum/ Offering Circular/ Prospectus/ Principal Terms and Conditions/ Pricing Supplements, Product Disclosure Sheet (PDS)/Product Highlight Sheet; Product Terms & Conditions & Risk Disclosure Statement, Term Sheet (where applicable), Product Agreement, Investor Suitability Assessment Acknowledgement, Investor Product Risk Assessment Acknowledgment and Customer Risk Undertaking Acknowledgment (if applicable).

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3.       Declaration by Customer

· I also understand that where the Bank is not the issuer of the Securities and/or the UTs, the information and terms and conditions that are in the Issuer’s documentation - Issuer’s Information Memorandum/Offering Circular/ Prospectus and the terms and conditions of the Securities and/or UTs are provided by the Issuer and not the Bank. The Issuer shall be responsible and accountable for the performance of the terms and conditions of the investment and the Bank is not liable for and do not guarantee the obligations or payment obligations of such investments.

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3.       Declaration by Customer

· Applicable to Bonds/Sukuk : I declare that I have read and understood the Securities Investment – Subscription Form, the  Account Opening Form To Open A Securities Investment account,  and the Terms and Conditions Governing the Securities Trading and Custody Services  (together with the Risk Disclosure Statements)(“the Bond/Sukuk Terms and Conditions”) and agree to comply with and be bound by them and any amendments to the same which the Bank may subsequently introduce.  Any additions, deletions, variation or amendments to the Bond/Sukuk Terms and Conditions made in accordance with the terms shall be binding on me/us.

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3. Declaration by Customer

· Applicable to UTs : I declare that I have read and understood the Bank’s Terms and Conditions Governing The Operation Of The Unit Trust Account And The Investment And Custodial Services (“the UT Terms and Conditions”) and agree to comply with and be bound by them and any amendments to the same which the Bank may subsequently introduce.  Any additions, deletions, variation or amendments to the UT Terms and Conditions shall be binding on me/us and be deemed to be brought to my/our attention by its display at the Bank or by a notice being sent by the Bank or advertised or by any other mode which the Bank deems fit.

3.       Declaration by Customer

· Applicable to UTs : I declare that I have read and understood the Bank’s Terms and Conditions Governing The Operation Of The Unit Trust Account And The Investment And Custodial Services (“the UT Terms and Conditions”) and agree to comply with and be bound by them and any amendments to the same which the Bank may subsequently introduce.  Any additions, deletions, variation or amendments to the UT Terms and Conditions shall be binding on me/us and be deemed to be brought to my/our attention by its display at the Bank website and/or by placing notices at the banking halls or at prominent locations within CIMB’s branches or by a notice being sent by the Bank or advertised or by any other mode which the Bank deems fit.

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3. Declaration by Customer

· Subject to the provisions below which prohibit disclosure of information to entities within the corporate group of CIMB Group Holdings Berhad, the Bank’s ultimate holding company (“Group Companies”) if objected by me; I hereby agree and authorize the Bank to disclose any information relating to me, my affairs and/or any accounts maintained by me with the Bank to:

· any of its agents, service providers, auditors, legal counsel, professional advisors, security providers and guarantors in or outside Malaysia;

· the Credit Bureau established by Bank Negara Malaysia and other relevant authorities to whom the Bank is required to make disclosures or have jurisdiction over the Bank;

· the Group Companies whether such Group Companies are residing, situated, carrying on business, incorporated or constituted within or outside Malaysia; for facilitating the business, operations, facilities and services of or granted or provided by the Bank and/or the Group Companies to their customers, as well as to:

· any company and/or organisation that assist or facilitate the processing and/or fulfillment of transactions or instructions that the account holder has requested and/or given to the Bank; and

· any potential transferee or assignee with whom the Bank is negotiating the transfer, assignment and novation of the rights or obligations under or by reference to the account.

Disclosure by the Bank to Group Companies may also be for cross-selling and other purposes of the Bank and/or the Group Companies provided always that disclosure for cross selling purposes shall not be effected if such disclosure is objected by me by contacting the Bank at the following telephone number or address (which may be changed by the Bank from time to time by notice to me): Customer Resolution Unit (CRU). P.O. Box 10338, GPO Kuala Lumpur, 50710 Wilayah Persekutuan. Tel:+603 6204 7788 / e-mail: cru@cimb.com .

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