Exemplo de "Mandato de Administração"
Power of attorney for the management of assets for external asset managers Master Account Number: xx-xxxxx
Attorney: Mello Associates Consultants Group
1. Comprehensive Asset Management
I/We empower the above named attorney - without power of substitution - to manage on my/our behalf, without any restriction, all assets deposited at any time for my/our account with Bank XXX (hereinafter called the Bank) under the above-mentioned master number and in particular to issue instructions for the purchase and sale of securities, foreign exchange and precious metals, to convert and exchange securities, to engage in arbitrage operations and subscriptions and to exercise or sell subscriptions rights, to carry out investments on a fiduciary basis - in the Bank's own name but at my/our expense and risk - to utilize electronic services provided by the Bank, as well as to take all other measures which he/she may deem appropriate in connection with the management of my/our assets. The attorney is in particular also empowered to give legally binding instructions to the Bank in my/our name for the management of assets and to conclude securities lending agreements on my/our account concerning my/our securities in custody.
2. Conclusion of Separate Agreements
The Bank requires separate agreements for the conducting of certain types of business transactions. I/We hereby empower the attorney to conclude such contracts on my/our account and to accept any guidelines and information bulletins regarding the risks attendant upon specific transactions and, if need be, to legally sign for me/us.
3. Credit/Pledging of Assets
In the context of asset management, the attorney is empowered to apply for credit at the Bank in my/our name and for my/ our account to pledge my/our assets for claims against me/us by the Bank and to sign the corresponding credit agreements on my behalf. The additional funds obtained via this credit can be managed by the attorney on the basis of this power of attorney.
4. Derivatives Trading and Forward Transactions
I/We expressly authorize the attorney to transact all types of derivatives transactions, such as options and financial futures and forward transactions. I/We hereby confirm that transactions in derivative financial instruments and forward transactions undertaken by the attorney for my/our account are at my/our own risk and that I/we expressly release the Bank from any responsibility. The functionalities of derivative financial instruments and of the exchanges on which these are traded are known to me/us. In particular I am/we are aware that the named derivative financial instruments and forward transactions are not only employed for hedging purposes and that, depending on product and strategy, a considerable risk of losses can occur. I am/We are aware that margin coverage is required for specific forward and derivative transactions and that my/our assets at the Bank will be pledged as security for the Bank's margin requirements. I/We confirm receipt of a copy of each of the information bulletins "Characteristics and Risks of Traded Options" and "Characteristics and Risks of Financial Futures" from SOFFEX, which contain additional important information on the functioning and risks of derivatives, and have taken note of their contents.
5. Debiting the Management Fee
The attorney is authorized to directly debit my/our account for his/her management fees (including charges and - where applicable - taxes). There is no obligation on the part of the Bank to make any examination regarding this charge. The attorney is, however, not authorized to make withdrawals from the account nor can he/she make dispositions in his/her favour nor in favour of third parties.
6. No Supervisory Duties of the Bank
I am/We are aware that the Bank exercises no control whatsoever over the transactions undertaken by the attorney selected by me/us and to be supervised by me/us. The Bank is consequently not obliged to check whether orders instructions and directives and/or contracts are suitable, nor to warn against the conclusion or to refuse the execution of any such transactions. I am/We are aware that the Bank does not monitor whether the attorney adheres to guidelines and regulations of professional organisations binding him/her or which the Bank would itself observe if it managed these assets itself.
7. Receipt of Invoices, Account Statements and Notifications
The attorney is authorized to take receipt of invoices, account statements and other notifications sent to me/us. Instructions and information can be transmitted via the normal communications carriers (in addition to the post, telephone, telefax, etc.). The attorney is expressly authorized to sign additional contracts that may be required.
8. Validity
This power of attorney for the management of assets shall remain in force notwithstanding my/our death nor my/our incapacity to act. This power of attorney can be cancelled at any time by simply informing the bank in written. A cancellation, however, does not interrup current transactions. Consequently, I/We declare that I am/We are prepared to assume such transactions for my/our own account andsign the appropriate agreements of Bank XXX.
9. Applicable law and place of jurisdiction
This power of attorney is governed by Swiss law. Place of performance, place for special proceedings for the collection of debts owed by persons domiciled abroad and place of jurisdiction for all disputes arising in connection with this power of attorney shall be the place of business of the branch office of Bank XXX at which the deposit or custody account is maintained. The Bank shall also be entitled to bring proceedings against the undersigned at his/her/their domicile or in any other competent jurisdiction, in which event Swiss law shall remain applicable.
Signature of attorney Signature(s) of the principal(s)
Attorney: Mello Associates Consultants Group
1. Comprehensive Asset Management
I/We empower the above named attorney - without power of substitution - to manage on my/our behalf, without any restriction, all assets deposited at any time for my/our account with Bank XXX (hereinafter called the Bank) under the above-mentioned master number and in particular to issue instructions for the purchase and sale of securities, foreign exchange and precious metals, to convert and exchange securities, to engage in arbitrage operations and subscriptions and to exercise or sell subscriptions rights, to carry out investments on a fiduciary basis - in the Bank's own name but at my/our expense and risk - to utilize electronic services provided by the Bank, as well as to take all other measures which he/she may deem appropriate in connection with the management of my/our assets. The attorney is in particular also empowered to give legally binding instructions to the Bank in my/our name for the management of assets and to conclude securities lending agreements on my/our account concerning my/our securities in custody.
2. Conclusion of Separate Agreements
The Bank requires separate agreements for the conducting of certain types of business transactions. I/We hereby empower the attorney to conclude such contracts on my/our account and to accept any guidelines and information bulletins regarding the risks attendant upon specific transactions and, if need be, to legally sign for me/us.
3. Credit/Pledging of Assets
In the context of asset management, the attorney is empowered to apply for credit at the Bank in my/our name and for my/ our account to pledge my/our assets for claims against me/us by the Bank and to sign the corresponding credit agreements on my behalf. The additional funds obtained via this credit can be managed by the attorney on the basis of this power of attorney.
4. Derivatives Trading and Forward Transactions
I/We expressly authorize the attorney to transact all types of derivatives transactions, such as options and financial futures and forward transactions. I/We hereby confirm that transactions in derivative financial instruments and forward transactions undertaken by the attorney for my/our account are at my/our own risk and that I/we expressly release the Bank from any responsibility. The functionalities of derivative financial instruments and of the exchanges on which these are traded are known to me/us. In particular I am/we are aware that the named derivative financial instruments and forward transactions are not only employed for hedging purposes and that, depending on product and strategy, a considerable risk of losses can occur. I am/We are aware that margin coverage is required for specific forward and derivative transactions and that my/our assets at the Bank will be pledged as security for the Bank's margin requirements. I/We confirm receipt of a copy of each of the information bulletins "Characteristics and Risks of Traded Options" and "Characteristics and Risks of Financial Futures" from SOFFEX, which contain additional important information on the functioning and risks of derivatives, and have taken note of their contents.
5. Debiting the Management Fee
The attorney is authorized to directly debit my/our account for his/her management fees (including charges and - where applicable - taxes). There is no obligation on the part of the Bank to make any examination regarding this charge. The attorney is, however, not authorized to make withdrawals from the account nor can he/she make dispositions in his/her favour nor in favour of third parties.
6. No Supervisory Duties of the Bank
I am/We are aware that the Bank exercises no control whatsoever over the transactions undertaken by the attorney selected by me/us and to be supervised by me/us. The Bank is consequently not obliged to check whether orders instructions and directives and/or contracts are suitable, nor to warn against the conclusion or to refuse the execution of any such transactions. I am/We are aware that the Bank does not monitor whether the attorney adheres to guidelines and regulations of professional organisations binding him/her or which the Bank would itself observe if it managed these assets itself.
7. Receipt of Invoices, Account Statements and Notifications
The attorney is authorized to take receipt of invoices, account statements and other notifications sent to me/us. Instructions and information can be transmitted via the normal communications carriers (in addition to the post, telephone, telefax, etc.). The attorney is expressly authorized to sign additional contracts that may be required.
8. Validity
This power of attorney for the management of assets shall remain in force notwithstanding my/our death nor my/our incapacity to act. This power of attorney can be cancelled at any time by simply informing the bank in written. A cancellation, however, does not interrup current transactions. Consequently, I/We declare that I am/We are prepared to assume such transactions for my/our own account andsign the appropriate agreements of Bank XXX.
9. Applicable law and place of jurisdiction
This power of attorney is governed by Swiss law. Place of performance, place for special proceedings for the collection of debts owed by persons domiciled abroad and place of jurisdiction for all disputes arising in connection with this power of attorney shall be the place of business of the branch office of Bank XXX at which the deposit or custody account is maintained. The Bank shall also be entitled to bring proceedings against the undersigned at his/her/their domicile or in any other competent jurisdiction, in which event Swiss law shall remain applicable.
Signature of attorney Signature(s) of the principal(s)