Form AA

 

Contract Note - Form AA

SUBJECT TO CALCUTTA JURISDICTION

Contract Note issued by Members acting for constituents as Brokers and Agents

 

 

    Sir(s),

                I/We have done today the following transactions against your order:

 

 

Net Amount Due from you/to us:_____

 

1.               This Contract is made subject to the Rules, Bye-laws and Regulations and usages of The Calcutta Stock Exchange Limited.

2.               Brokerage has been charged as stated above at rates not exceeding the official scale of brokerage.

3.               This contract is subject to the jurisdiction of the Courts in Kolkata .

4.               In the event of any claim (whether admitted or not) difference or dispute arising between you and me/us out of these transactions the matter shall be referred to arbitration in Kolkata as provided in the Rules, Bye-laws and Regulations of The Calcutta Stock Exchange Limited

5.               This contract constitutes and shall be deemed to constitute as provided overleaf an agreement between you and me/us that all claims (whether admitted or not), differences and disputes in respect of any dealings, transactions and contracts of a date prior or subsequent to the date of this contract (including any question whether such dealings, transactions or contracts have been entered into or not) shall be submitted to and decided by arbitration in Kolkata as provided in the Rules, Bye-laws and Regulations of The Calcutta Stock Exchange Limited.

6.               The provisions printed overleaf form a part of the contract.

*Trades executed on the Bombay Stock Exchange. In terms of the agreement between the Calcutta and Bombay Stock Exchange under Section 13 of the Securities Contracts (Regulation) Act, 1956,

 

Yours faithfully,

Place: Kolkata

Dated:

 

Trading Member(s) of the Calcutta Stock Exchange Limited

                                                                                                                                                                                                                                  PAN No. of  Trading Member

                                Name of the Partners/Proprietor/Authorized Signatory

 

 

 

Reference to Arbitration

1 (a)    All claims (whether admitted or not) difference and disputes between a member and a non-member or non-members (the terms 'non-member' and 'non-members' shall include a remisier, authorised clerk, a sub-broker who is registered with SEBI as affiliated with that member or employee or any other person with whom the member shares brokerage) arising out of or in relation to dealings, transactions and contracts made subject to the Rules, Bye-laws and Regulations of the Exchange or with reference to anything incidental thereto or in pursuance thereof or relating to their construction, fulfillment or validity or in relation to the rights, obligations and liabilities of remisiers, authorised clerks, sub-brokers, constituents, employees or any other persons with whom the member shares brokerage in relation to such dealings, transactions and contracts shall be referred to and decided by arbitration as provided in the Rules, Bye-laws and Regulations of the Exchange.

 

Contract Constitutes Arbitration Agreement

  (b)     An acceptance whether express or implied of a contract subject to arbitration as provided in sub-clause (a) and with this provision for arbitration incorporated therein shall constitute and shall be deemed to constitute an agreement between the member and the nonmember or non-members concerned that all claims (whether admitted or not), differences and disputes of the nature referred to in sub-clause (a) in respect of all dealings, transactions and contracts of a date prior or subsequent to the date of contract shall be submitted to and decided by arbitration as provided in the Rules, Bye-laws and Regulations of the Exchange and that in respect thereof any question whether such dealings, transactions and contracts have been entered into or not shall also be submitted to and decided by arbitration as provided in the Rules, Bye-laws and Regulations of the Exchange.

 

Time period for filing of Arbitration Reference

2           The Arbitrators shall not take cognizance of any claim, complaint, difference or dispute unless the same has been received by the Exchange within six months from the date of the transaction or from the date on which the client claims to have given the instruction / order to buy or sell a security or from the date on which the -client claims to have paid money or given a security, whichever is earlier. Any dispute as to whether a claim, complaint, difference or dispute falls within the ambit of this clause shall be decided by the Arbitrators. Provided that the Governing Board or the Executive Director may, from time to time, appoint a Committee to amicably settle all claims, complaints, differences and disputes that are referred to it. Provided further that when such claims, complaints, differences and disputes are referred to the aforesaid Committee, the time taken in amicable settlement of such claims, complaints, differences and disputes shall be excluded while computing the period of limitation.

 

Award Binding on Parties and their Representatives

3           The parties to the reference shall in all things abide by and forthwith carry into effect the award of the arbitrators which shall be final and binding on the parties and their respective representatives notwithstanding the death of or legal disability occurring to any party before or after the making of the award and such death or legal disability shall not operate as a revocation of the reference or award.

 

Operation of Contracts

4           All dealings, transactions and contracts which are subject to the Rules, Bye-laws and Regulations of the Exchange and every arbitration agreement to which the Rules, Bye-laws and Regulations of the Exchange apply shall be deemed in all respects to be subject to the Rules, Bye-laws and Regulations of the Exchange and shall be   deemed to be and shall take effect as wholly made, entered into and to be performed in the city of Bombay and the parties to such dealings, transactions, contracts and agreements shall be deemed to have submitted to the jurisdiction of the Courts in Bombay for the purpose of giving effect to the provisions of the Rules, Bye-laws and Regulations of the Exchange.

 

Appeal against Arbitral Award

5.          A party dissatisfied with an Award may appeal to the Appeal Bench against such Award within 15 days of the receipt of such award.