Cleartrade Exchange Pte Ltd – Membership Application Form 2015

 

MEMBERSHIP AGREEMENT

This Membership Agreement ("Agreement") is entered into on the .............................................(date)

between

i. Cleartrade Exchange Pte Ltd (“Cleartrade"), a limited company incorporated under the laws of

Singapore (Reg. No: 201003676N); and

ii. ................................................................................................................................................ (“Company”),

established under the laws of ...................................................................................with registered address

.......................................................................................................................................................................... 

and Reg. No:..............................in the (name of company register)........................................................

(Together and hereunder known as the "Parties").

Type of Membership hereby applied for:

(Please tick at least ONE option)

· Clearing Member ............................................................

· Authorized Member .........................................................

· Broking Member ............................................................

i. Subject to the terms and conditions of this Agreement and the Cleartrade Exchange Rule book 

(the “Rule book”), as attached, the Member may act as clearer, trader or broker in Listed 

Products and Non-Listed Products at Cleartrade as indicated above.
Cleartrade Exchange Pte Ltd – Membership Application Form 2015

 

ii. By signing this Agreement the Member:

a. Acknowledges and agrees to the terms of the Rule book;

b. Acknowledges and agrees to the fees structure of the Fees Schedule; and

c. Agrees to be bound by and observe such terms as amended from time to time.

iii. The Member represents and shall represent on a continuing basis for the duration of this 

agreement:

a. that it fulfills the Membership Requirements as set out in Rule 2 of the Rule book;

b. that all information that it has provided or will provide to Cleartrade with respect to its 

financial position and qualification to be a Member is true, accurate and correct as at 

the date of this Agreement or, if later, as at the date of its provision;

c. that this Agreement and the Rule book constitute its legal, valid and binding obligations

of the Member, enforceable against it in accordance with their respective terms;

d. that it has all necessary power and authority to execute this Agreement and perform 

and comply with its obligations hereunder and that the individual signing this 

Agreement is duly authorized to do so;

e. that the execution and performance of this Agreement does not violate any law, rule,

or regulation, or any agreement, document or other instrument binding on or applicable

to it; and

f. it has any and all licenses, consents, registrations, authorizations or other similar 

approvals which are required under applicable laws or regulations in order to enable it 

to participate as a Member in accordance with the Rules of the Rule book (the “Rules”), 

execute Contracts in Non- Listed Products through Cleartrade and perform its 

obligations to its counterparties pursuant to such Contracts.

iv. Subject to the Rules, this Agreement may be terminated by either of the Parties upon one 

month's written notice.

v. The provisions of the Rules shall apply to this Agreement as if incorporated in this Agreement. 

vi. Defined terms in this Agreement shall bear the meaning ascribed to them in the Rules.

vii. Save as provided by the Rules, a person who is not a Party may not enforce any of its terms

under the Contracts and Cleartrade shall be under no obligation to enforce the Rules against any 

such person.

viii. This Agreement may be executed in two counterparts. Such execution shall have the same 

effect as if the signatures of the counterparts were on a single copy of this Agreement.

ix. If at any time any provision of this Agreement becomes illegal, invalid or unenforceable in any 

aspect under the law of any relevant jurisdiction, neither the legality, validity or enforceability of 

the remaining provisions of this Agreement nor the legality, validity or enforceability of such 

provision under the law of any other jurisdiction shall in any way be affected or impaired 

thereby.
Cleartrade Exchange Pte Ltd – Membership Application Form 2015

 

x. The Trading Member may not assign or transfer any rights or obligations under this Agreement 

without the prior written consent of Cleartrade.

Indemnification

The Member understands the meaning and legal consequences of the representations, 

agreements, covenants and confirmations set out in this Agreement and agrees that the 

application made hereby may be accepted in reliance thereon. The Member hereby agrees to 

indemnify and hold harmless Cleartrade (including for this purpose the Cleartrade’s directors, 

officers, employees, affiliates, agents, and each person who controls Cleartrade) from and 

against any and all loss, damage, liability and expense, including reasonable costs and attorneys' 

fees and disbursements,which Cleartrade orsuch personsmay incur by reason of, orin connection

with, (i) any representation or warranty made in this application not having been true when

made, any misrepresentation made by the Member or any failure by the Member to fulfil any of

the covenants or agreements set forth in this application or in any other document provided by

the Member to Cleartrade; (ii) any action for securities law violations instituted by the Member

which is finally resolved by judgment against the Member.

Rights of Third Party

Nothing in this Agreement is intended to grant to any third party any right to enforce any term 

of this Agreement or to confer on any third party any benefits under this Agreement for the 

purposes of the Contract (Rights of Third Parties) Act (Chapter 53B) of Singapore and any reenactment thereof, the application of which legislation is hereby expressly excluded.

Governing Law and Submission to Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of 

Singapore. The Parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts 

of Singapore.

Additional Representations Required of U.S. Members

The Member represents and shall represent on a continuing basis for the duration of this 

agreement that (a) to the extent that the Member enters into transactions through Cleartrade 

for its own account, it is an “eligible commercial entity” as defined in the U.S. Commodity 

Exchange Act and will enter into such transactions on a principal-to-principal basis or (b) to the 

extent that the Member enters into transactions as agent on behalf of a third party principal, it 

has taken commercially reasonable steps to ensure that such third-party principal is entering 

into such transactions on a principal-to-principal basis and is an “eligible commercial entity” as 

defined in the U.S. Commodity Exchange Act.
Cleartrade Exchange Pte Ltd – Membership Application Form 2015

 

Additional Requirements

The following Member shall complete the relevant annex, as attached, as part of completing this 

membership agreement.

(Please tick at least ONE option)

· Clearing Member ..................................... 

· Authorized Member ............................... 

Additional Requirements for Broking Member

1) Can you kindly confirm if you hold a capital markets license in Singapore? † Yes † No

2) Can you kindly confirm if you transact investment business in Singapore? † Yes † No

3) Do you have a business presence in Singapore? † Yes † No

Cleartrade Exchange Member Listing

All members of CLTX shall agree to the listing of their respective company names, email 

addresses and contact number on our CLTX website. This is in line with the industry practice 

of regulated markets and allow easier identification of our members.

Singapore.............................................. (Date) ...............................................................(Date)

............................................................................ ............................................................................

Signature Signature

Cleartrade Exchange Pte. Ltd ....................................................... (Company)

........................................................................... ............................................................................

Please print name Please print name

· Broking Member .....................................
ANNEX B

AUTHORISED BROKER MEMBER ACCOUNT ADMINISTRATION FORM

Cleartrade Exchange Pte Ltd – Membership Application Form – Annex B

Company Name: 

Please fill in the following details:

(A) Client’s Static Information 

You may attach an Excel Spreadsheet with your client’s static information or fill in the following details. These are the required fields so that static can be input in our 

system for you to execute the trades. 

Company Name (Trading 

Style)

Products 

Traded

Trader Name Clearing House

*Delete Accordingly

Clearing 

Member

Clearing 

Code

Clearing Member’s 

Contact Person

Contact Number Email Address

*Swap/Future

(B) Name and Email Addresses of Trade Invoice Recipients

No. Name Email
ANNEX B

AUTHORISED BROKER MEMBER ACCOUNT ADMINISTRATION FORM

Cleartrade Exchange Pte Ltd – Membership Application Form – Annex B

(C) CLTX Portal

CLTX Portal is CLTX’s web based application which amalgamates all of CLTX exchange services into a single, easy to access platform. Through CLTX Portal, you will be able to 

access the Block Trader, have a view of your own historical trade data, retrieve trade recaps, and other market information. 

☐ Please check this if you would like all Responsible Individuals to receive access to CLTX Portal

☐ Please check this if you would like all Authorized Representatives to receive access to CLTX Portal

If you wish for additional users (E.g. Compliance, Back Office, etc.) to receive CLTX Portal access, please kindly fill in their details in the table below:

No. Name Email

For Cleartrade Use Only

Recap Manager User Name

If you still wish to receive Trade Recaps via email, kindly fill in the recipients’ details below:

No. Name Email
ANNEX B

AUTHORISED MEMBER ACCOUNT ADMINISTRATION FORM

Cleartrade Exchange Pte Ltd – Membership Application Form – Annex B

Company Name: 

Please fill in the following details:

(A) Clearing Account Details

No.

Clearing House

*Delete Accordingly

Clearing Member/clearing 

code Contract(s)

For purpose of sending trade recaps to GCM:

Contact person Contact no. Email

*Swap/Future

*Swap/Future

*Swap/Future

*Swap/Future

*Swap/Future

(B) Name and Email Address(es) of Invoice Recipients 

No. Name Email
ANNEX B

AUTHORISED MEMBER ACCOUNT ADMINISTRATION FORM

Cleartrade Exchange Pte Ltd – Membership Application Form – Annex B

(C) CLTX Portal

CLTX Portal is CLTX’s web based application which amalgamates all of CLTX exchange services into a single, easy to access platform. Through CLTX Portal, you will be able to 

have a view of your own historical trade data, retrieve trade recaps, and other market information. 

☐ Please check this if you would like all Responsible Individuals to receive access to CLTX Portal

☐ Please check this if you would like all Authorized Representatives to receive access to CLTX Portal

If you wish for additional users (E.g. Compliance, Back Office, etc.) to receive CLTX Portal access, please kindly fill in their details in the table below:

No. Name Email

For Cleartrade Use Only

Recap Manager User Name

If you still wish to receive Trade Recaps via email, kindly fill in the receipient/s’ details below:

No. Name Email
LIST OF RESPONSIBLE INDIVIDUAL / COMPANY STAMP FORM ANNEX C

(Individuals within your company who are authorized to request amendments to trading accounts on Cleartrade Exchange. A minimum of two individuals are required)

Cleartrade Exchange Pte Ltd – List of responsible individual / company stamp form 2015

Company Name: ..................................................................................................................................

List of Responsible Individuals:

Please fill in the details below and provide a sample signature for our retention. Please note that a minimum 

of two individuals are required.

For Cleartrade 

Use Only

Name Date of 

Birth

Nationality Position 

(Designation)

Telephone 

/ Fax

E-mail Signature of 

responsible 

individual

Company Stamp:

__________________________________________________________ _________________________

(Company stamp) Date
 

LIST OF AUTHORISED REPRESENTATIVES FORM ANNEX C

(Individuals who will initially require access to Cleartrade Exchange. The same form will also be used to authorize additional users as required.)

Cleartrade Exchange Pte Ltd – List of authrorised respresntatives / company stamp form 2015

Company Name: ..................................................................................................................................

List of Authorised Representatives:

Please fill in the details below: For Cleartrade 

Use Only

Name Date of 

Birth

Nationality Position Products Traded Access

(user or 

readonly)

Telephone / 

Fax

E-mail Cleartrade 

Username

Authorisation:

The attached information sets out details of authorised representatives and associated information related to .........................................................

(Company Name)

and I hereby declare that the information contained in this document is correct as at .............................................

(Date)

__________________________________________________________ _________________________

Name, Designation & Signature (Along with company stamp) Date
 

LIST OF EXECUTIVE MANAGEMENT TEAM FORM ANNEX C

(Individuals within your company who have executive authority)

Cleartrade Exchange Pte Ltd – List of executive management form 2015

Company Name: ..................................................................................................................................

List of Executive Members:

Please fill in the details below, listed positions are required:

Name Date of Birth Nationality Position Email Telephone / Fax

Head of 

Legal/Compliance 

Head of Market Data 

Head of Market Risk

Head of Operations

Head Trader