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Roshan Digital Account – Voluntary Pension Scheme – Terms & Conditions

Terms and Conditions

1. Introduction

This facility (“Service”) is for online account opening and investments in Collective Investment Schemes and/or Voluntary Pension Schemes managed by MCB Funds (hereinafter referred to as “MCB Funds Schemes”) 

  • The facility shall be governed by the Offering Document and the Trust Deeds of the respective MCB Funds Schemes. Each potential unit holder shall accept these terms and conditions.
  • MCB Funds shall have the right to disable any or all MCB Funds Schemes for this service with prior notice published on its website without assigning any reason.

Online Account Opening

  • Only individual customer having Pakistan based CNIC/NICOP, bank details and other contact details registered in his or her own name can open his or her account directly through MCB Website accessing Roshan Digital Account service.
  • Online Account Opening is subject to verification of the CNIC / NICOP through NADRA Verisys and other regulatory verifications. 
  • Unit holder can only make E-transactions through this account. 
  • MCB Funds reserves the right to decline account opening application of any potential customer. 
  • This facility shall not be available for minor, joint and corporate unit holders

2. Investment Transactions

  • The unit holder further undertakes to accept full responsibility for all transactions via MCB Roshan Digital Account Platform either by him/her or any other person whether or not made with his/her knowledge or authority and the unit holder, agrees to unconditionally and irrevocably accept MCB Funds’s record of transactions as conclusive and binding upon him/her for all purposes. All transactions shall be deemed to irrevocable, conclusive and binding upon the unit holder.
  • The unit holder or the potential unit holder cannot cancel a transaction after it has been completed and upon completion, the same will be treated as past and closed transaction.
  • While selecting MCB Funds Schemes for transactions through MCB Roshan Digital Account, the responsibility for selecting the correct MCB Funds Scheme will be of the unit holder. MCB Funds shall not be responsible or liable for any loss that have occurred due to the selection of incorrect MCB Funds Scheme.
  • The unit holder undertakes to pay all transaction related charges, taxes, cess, levies and / or duties livable on internet banking transactions by any government (Federal/Provincial/Local) from time to time which shall be debited to his account with MCB and recovered out of his investments available in the pertinent MCB Funds Scheme or any other MCB Funds Scheme.
  • The online investment transaction shall be processed on the basis of the time and date of the investment order entered by the customer. The NAV shall be allocated on the basis of respective cut-off timings of the MCB Funds Scheme and units will be issued after realization of subscription money. 
  • NAV will be applied after realization of funds within the cut off time.
  • Unit holder can claim refund of their first investment in a MCB Funds Scheme (cooling off right) along with deducted front end load (if any) within cooling off period, however, this refund will be subject to the deduction of any applicable contingent load (back end load) and taxes.
  • The facility shall, at all times, be subject to all the terms and conditions of MCB Funds then currently in force from the time being.
  • MCB Funds is authorized to block any transaction(s) or any other service(s) linked with this service at any time without any prior notice to the unit holders through the website of MCBAH and without assigning reasons.

3. General

  • The cut off times for transactions on a NAV date shall be the normal cut off timings as decided by MCB Funds from time to time. For transactions executed after these cut off times, the NAV applicable shall be of the next Subscription day of the pertinent MCB Funds Scheme, as indicated in the Trust Deed or the Offering Document of the pertinent MCB Funds Scheme. In case any transaction is made during the book closure the NAV applicable shall be of the next subscription day of the pertinent MCB Funds Scheme.
  • MCB Funds and the Trustee shall not be responsible for any and all the consequences, if the transaction involving the use of MCB Roshan Digital Account are not honored or operative for any reason, whatsoever, or if there is any malfunctioning and/or due to any other reasons or elements beyond the control of MCB Funds.
  • The unit holder’s use of this service shall, at all times, be subject to all the terms and conditions of MCB Funds then currently in force for the time being. 
  • MCB Funds shall have right to disable any or all MCB Funds Schemes for online transactions or any Other Service(s) linked with it at any time, without prior notice and without assigning any reasons.
  • The Unit Holder hereby undertakes to indemnify MCB Funds and the Trustee harmless from and against all losses, damages, costs and expenses (collectively “Losses”) which MCB Funds and/or the Trustee may suffer and sustain due to breach of any of the above Terms and Conditions and undertakes to make good such Losses within three Business Days from the date of such demand by MCB Funds which demand shall be conclusive and binding upon the Unit Holder.
  • The Unit Holder/ potential Unit Holder acknowledges having read, understood and accepted the above Terms and Conditions which shall be binding upon him.
  • Unless the context requires otherwise all words, terms or expressions used in these Terms and Conditions and not defined in Clause 1 above, shall have the meanings assigned to them in the Offering Documents and the Trust Deeds of the MCB Funds Schemes vis-à-vis the Investor, MCB Funds and the Trustee.
  • All investments in Collective Investment Schemes and/or Voluntary Pension Schemes are subject to market risks. Past performance is not necessarily indicative of the future results. Please read the Offering Documents of the respective Collective Investment Schemes and/or Voluntary Pension Schemes to understand the investment policies and risks involved. 
  • All Trades and Transactions, between the Parties and Clearing and Settlement thereof and opening, maintenance and operations of Sub-Account for NRP in the CDS shall be subject to the Securities Act, 2015, Central Depositories Act, 1997, Pakistan Stock Exchange Limited (PSX) Regulations, Central Depository Company of Pakistan Limited (CDC) Regulations, CKO Regulations, 2017, National Clearing Company of Pakistan Limited (NCCPL) Regulations and the Securities Brokers (Licensing and Operations) Regulation, 2016 including Procedures, Manuals, Polices, Guidelines, Circulars, Directives, and Notifications issued and as amended) thereunder by the Securities and Exchange Commission of Pakistan (SECP), PSX, CDC or NCCPL from time to time.
  • The information provided in this application form shall be in addition to and not in derogation of the requirements prescribed under Anti-Money Laundering and Countering Financing of Terrorism Regulations, 2020 (amended or replaced).
  • The Participant shall ensure provision of copies of all the relevant documents 
  • These Terms and Conditions shall be binding on the nominee, legal representative, successors in interest and/or permitted assigns of the respective Parties hereto.
  • Subject to applicable laws, the Company shall maintain strict confidentiality of the Customer related information and shall not disclose the same to any third party. However, in case the SECP, PSX, CDC or any competent authority under the law, as the case may be, requires any such information, the Securities Broker/ Participant shall be obliged to disclose the same for which the Customer shall not raise any objection whatsoever.
  • The Company shall independently verify any of the Customer’s related information provided in this Form and under the relevant laws, rules and regulations for the purpose of KYC.
  • In case of any change in the Customer’s related information provided in this Form, the Customer shall provide necessary details to the Company. Upon receipt of instruction from the Customer, the Company shall give effect to such changes in the manner prescribed under the relevant regulations. The Company shall have the right to incorporate any change(s) in the Account Holder(s)/Customer’s information.
  • Any change in this Form or these Terms and Conditions by virtue of any changes in the aforesaid legal frameworks shall be deemed to have been incorporated and modified the rights and duties of the Parties hereto. Such change(s) shall be immediately communicated by the Company to the Account Holder(s)/Customer(s).
  • The Company would ensure due protection to the Account Holder / Customer regarding rights to dividend, rights or bonus shares etc. in respect of transactions routed through it and not do anything which is likely to harm the interest of the Account Holder with/from whom it may have had transactions in securities.

4. Disclaimer Statements

I hereby declare that:

  1. I understand that I will receive Statement of Account through electronic mail only.
  2. I understand that my dividend proceeds will be re-invested in accordance with the requirements of the Offering Document of relevant MCB Funds Scheme.
  3. I acknowledge that I have read, understood and agreed to the Declaration and Terms and Conditions.
  4. The information provided in this account opening process is correct, complete and up-to-date to the best of my knowledge and belief and the document(s) submitted during this account opening process are complete and valid in all respects. I will inform MCB-Arif Habib Savings and Investments Limited (hereinafter referred to as “MCB Funds”) if there is any change in the information/ document provided;
  5. The funds to be invested in the Collective Investment Schemes and/or Voluntary Pension Schemes managed by MCB Funds (hereinafter referred to as “MCB Funds Schemes”) are my own funds and the funds beneficially owned by any other person will not be used for making investment in MCB Funds Schemes;
  6. I authorize MCB Funds to use my information and documents for necessary due diligence and verification;
  7. I understand that MCB Funds may request for additional application form(s)/ document(s) to process my current and future investments in accordance with the requirements of the Anti-Money Laundering Act (“AML Act”), the Securities and Exchange Commission of Pakistan (Anti Money Laundering and Countering Financing of Terrorism) Regulations (“AML Regulations”), Guidelines on Anti-Money Laundering, Countering financing of Terrorism and Proliferation financing (“AML Guidelines”) and AML/CFT and CDD/KYC Policies and Procedures of MCB Funds. I will ensure to provide these required application form(s)/ document(s) within specified time. I also understand that in order to ensure compliance with aforesaid statutory laws and regulations, MCB Funds may reject my investment and/or close my account if the required application form/ document is not provided to MCB Funds within specified time or the required application form/ document is not complete and valid in all respects;
  8. I have read and understood the iSave terms and conditions available at the https://www.mcbah.com/isave-terms-conditions/
  9. I understand that investment in MCB Funds Scheme will be subjected to Zakat deduction if duly executed Zakat Affidavit (CZ-50) is not submitted to MCB Funds; and
  10. I understand that the amount withheld by MCB Funds on account of Capital Gain Tax (CGT) against disposal, in any form, of my holdings can be less than that as calculated by NCCPL. In this case, the differential amount shall be collected from my investment account in accordance with the relevant laws.

FOREIGN ACCOUNT TAX COMPLIANCE ACT (FATCA)

  1. I hereby confirm that the information provided for FATCA purposes is true, accurate and complete;
  2. Subject to the requirements of domestic or overseas laws, I consent and agree that MCB Funds or the Trustee of the Collective Investment Schemes/ Voluntary Pension Schemes may withhold from my account(s) such amounts as may be required according to applicable laws, regulations and directives;
  3. Subject to the requirements of domestic or overseas laws, I consent and agree that MCB Funds or the Trustee of the Collective Investment Schemes/ Voluntary Pension Schemes may withhold from my account(s) such amounts as may be required according to applicable laws, regulations and directives
  4. I hereby undertake not to initiate any proceedings against MCB Funds and the Trustee of the Collective Investment Schemes/ Voluntary Pension Schemes in case any amounts are withheld from my account and remitted to the local or foreign authorities/regulators;
  5. I hereby undertake that I have not granted a Power of Attorney to a person who has an address outside Pakistan to operate the Investor Account (either physically or electronically);
  6. I hereby undertake that I have no intention to set up Payment Standing Instruction(s) for the banking account(s) and beneficiary account(s) in a country outside Pakistan;
  7. I hereby undertake to notify MCB Funds within thirty (30) calendar days in case of any change in any information whatsoever which I have provided to MCB Funds; and
  8. I further agree and accept that the terms and conditions as contained herein shall form part and parcel of the account opening and the terms and conditions of the account opening as well other documentation shall remain in full force and effect.

INDIVIDUAL TAX RESIDENCY SELF-CERTIFICATION (CRS-1)

  1. I understand that the information supplied by me is covered by the full provisions of the terms and conditions governing the Account Holder’s relationship with MCB Funds and MCB Funds Schemes setting out how MCB Funds and MCB Funds Schemes may use and share the information supplied by me;
  2. I acknowledge that the information provided during this account opening process and information regarding the Account Holder and any Reportable Account(s) may be provided to the tax authorities of the country in which this account is maintained and exchanged with tax authorities of another country or countries in which the Account Holder may be tax resident pursuant to intergovernmental agreements to exchange financial account information;
  3. I certify that I am the Account Holder of the account to which this information relates;
  4. I declare that I have neither asked for, nor received, any advice from MCB Funds and MCB Funds Schemes in determining my classification as a Reportable Person or otherwise;
  5. I declare that all statements made in this declaration are, to the best of my knowledge and belief, correct and complete; and
  6. I undertake to advise MCB Funds and MCB Funds Schemes within thirty (30) days of any change in circumstances which affects my tax residency status or causes the information contained herein to become incorrect or incomplete, and to provide MCB Funds with a suitably updated self-certification and declaration within thirty (30) days of such change in circumstances.