Bank of China (Zambia) LTD ACCOUNT APPLICATION FORM INDIVIDUAL Types of Accounts □Ordinary savings □Fixed Deposit □Other Currency of Accounts □EUR □CNY □USD □ZMK □ZRA Personal Details for First or Sole Applicant Title □ Dr □Mr. □ Mrs. □ Ms. □Miss First Name ____________Middle Name _____________Surname_____________ NRC / Passport No. ________________ Expiry Date. ________________ Occupation / Position of Applicant _______________________________________ Sex □Male □Female Residence __________________________________________________________ Home Status: □Owned □Rented □Mortgaged □Other Contact Information Business Phone: ___________________Mobile Phone : ____________________ Fax Number: _____________________ Email Address: ___________________ Customer Employment Details Work Type □Salaried □Self-Employed □Retired Others: (Please Specify)______ Current Employer:______________________________________________________ Full Address: _________________________________________________________ Occupation:____________________________ Position: ______________________ Length of Service: ______________________ Period in Business: _____________ Business Phone ______________________ Monthly Income: __________________ Statement Information □Yes □No Bank of China (Zambia) LTD Declaration and Acceptance I/We hereby certify that all the particulars given by me/us are true and complete. I/we further confirm that I/we have read the terms and conditions governing the operation and closure of accounts with Bank of China and agree to be bound by them. Signature of Applicant ____________________ Date: ______________________ Signature of Applicant ____________________ Date: ______________________ FOR BANK USE ONLY Date A/C opened____________________ Risk Assessment: High Middle A/C number_____________________ Low Specify the reason if it is not “Middle” ____________________________________ ____________________________________________________________________ Completed by_____________________ Signature __________________________ Approved by______________________ Signature __________________________ Bank of China (Zambia) LTD Bank of China (Zambia) LTD STANDARD TERMS AND CONDITIONS FOR ALL ACCOUNTS 1. Definitions and Interpretation Definitions: “Account” means a bank account (including any sub – account thereof) held in the name of the Customer with the Bank denominated in a specified currency and of a specified type (including current and deposit accounts). “Account Currency” means, in relation to an Account, the currency in which the Account is denominated. “Deposit” means any deposit of money made by, on behalf of or for the account of the Customer into or in relation to an Account, whether by cash, electronic transfer, Payment Instrument or other means and whether at the counters of the Bank, via any inter – bank electronic payment system, via an ATM or by other means. “Force Majeure” means: (a) any circumstance or cause beyond the reasonable control of the Bank; (b) any flood, storm ,earthquake or other natural event; (c) any war, hostilities, terrorism, revolution, riot or civil disorder; (d) any strike, lockout or other industrial action; (e) any change in law or regulation or any change in the interpretation or enforcement of any law or regulation; (f) any act or order of any governmental or regulatory body or authority; (g) any order of a court or other judicial body; (h) any system or computer malfunction, damage, destruction, failure, suspension howsoever caused, or third party interference; or (i) any restriction or impending restriction on the availability, credit or transfer of foreign exchange. “Mandate” means the directors’ resolutions or other corporate authorization constituting or evidencing the authority of the Customer’s authorised signatories to open and operate the relevant Account(s), sign the relevant Account Opening Form(s), undertake any Account Transactions and to obtain any Services from the Bank, and identifying such authorized signatories, in such form acceptable to the Bank. “Non – Cash Deposit” means a Deposit made other than by cash or electronic transfer. “Withdrawal” means any withdrawal or transfer of money made by or on behalf of the Customer out of or in relation to an Account, whether by cash, Payment Instrument or other means and whether at the counters of the Bank, via an ATM or by other means. Interpretation: (a) Unless a contrary indication appears, any reference in these Terms to: 2 (1) any “Party” or other person will be construed so as to include its successors in title, permitted assigns and permitted transferees; (2) these terms and conditions or any other agreement or instrument is a reference to these terms and conditions or other agreement or instrument as from time to time amended, supplemented, or novated, replaced or restated; (3) a “person” includes any person, firm, company, corporation, government, state or agency of a state or any association, trust or partnership (whether or not having separate legal personality) or two or more of the foregoing; (4) a provision of law is a reference to that provision as amended or re – enacted; (5) unless otherwise stated, a time of day is a reference to the time of day in the Republic of Zambia; (6) a gender includes all other genders, and the singular includes plural and vice versa; (7) a “clause” or a “schedule” is a reference to a clause of or a schedule in these terms and conditions, unless otherwise specified; (8) “including” will not be interpreted narrowly but will be interpreted to mean “including without limitation”, “including (but not limited to)” or “including without prejudice to the foregoing”; and (9) “the Bank may” will not be interpreted narrowly but will be interpreted to mean “the Bank may (in its sole discretion and without any obligation to do so)”. (b) Clause and schedule headings are inserted for convenience only and will not affect the interpretation of any of the provisions of these terms and conditions. (c) “date of these Terms” means the date the Customer first signed an account opening form for the opening of an Account with the Bank under these terms and conditions. Deposits 2.1 Subject to 2.3the Bank will credit the relevant Account with an amount equal to any Cash Deposit in accordance with its normal banking practice. 2.2 In the case of Non-Cash Deposits subject to 2.3 the Bank will credit the relevant Account with an amount equal to any Non-Cash deposit in accordance with its normal banking practice. However the Bank may decline to make a Collection in relation to any Non-Cash Deposit and will notify the Customer without any obligation to notify the customer. 2.3 The Bank may without prior notice to the Customer cancel, reverse, or debit all or part of any credit (including interest, if any, paid by the Bank on such credit) made in relation to any Deposit: (a) to correct any mistake; (b) where an Account has been credited but the Bank does not obtain cleared and Bank of China (Zambia) LTD 3. 4. 5. 6. 7. 8. 9. unconditional funds relating to the Non-Cash Deposit in full or promptly for any reason; (c) where, in relation to a Non-Cash Deposit, the Bank is required to return the money to the relevant payer/drawer or paying bank or other financial institution for any reason; or (d) where it has reasonable grounds for doing so. The Bank will notify the Customer as soon as practicable of any such cancellation reversal or debit. 2.4 Where the currency of a Deposit is difference from the relevant Account Currency, the Bank will, before crediting the relevant Account, convert the Deposit into the Account Currency at the Bank’s prevailing exchange rate or, in the absence of a prevailing exchange rate, such other exchange rate as the Bank may reasonably determine. 2.5 The Customer will any pay any commission, fees, interest or other charges imposed by any other bank or other financial institution on the Customer or the Bank in relation to any Account Transactions. Withdrawals 3.1 Subject to these terms and conditions the Bank will allow a Withdrawal from a Customer’s Account where: (a) there is sufficient funds in the Account at the time the Withdrawal is made or is to be acted on by the Bank; (b) the relevant instruction is drawn in a form specified by the Bank or acceptable to the Bank at its discretion; and (c) the relevant instruction is duly completed appears, to the satisfaction of the Bank to be genuine. 3.2 The Customer may request the Bank to dishonour a cheque or cashier’s order or to stop any payment (“Stop Order”). Such request must be in writing and provide full details of the cheque or cashier’s order or payment accompanied by such documentation as the Bank may require. Acceptance of such instruction does not mean that such cheque or cashier’s order or payment has not been honoured or made or there is enough time to effect such request or stop such payment. The Bank will use its reasonable endeavour to effect such Stop Order without accepting liability for any failure to do so. Overdrafts 4.1 The Customer will ensure that no Account becomes overdrawn or, if the Bank has agreed an overdraft limit, becomes overdrawn in excess of that limit. 4.2 The Customer may request the Bank in writing to apply an overdraft limit to any Account. If the Bank agrees to such request, it may impose any conditions in addition to these terms and conditions. An overdraft may be cancelled at any time. 4.3 Notwithstanding any other provisions of these terms and conditions, the Bank may allow or cause an Account to go into overdraft without giving notice to the Customer. 4.4 The Customer will promptly repay all or any part of any debit balance on any Account on demand. 4.5 The Customer will pay interest on any debit balance on any Account at the rate notified by the Bank from time to time. Interest will accrued on a daily basis and be debited at such intervals as notifed by the Bank. Interest will be calculated on the basis of a 360 day year or such other basis in accordance with the Bank’s normal practice. Mandates The Customer will provide such Mandate(s) as the Bank may require from time to time and may rely on the contents of any Mandate and deal with, and accept any instruction from, any authorised signatory specified in, and in accordance with, any Mandate. The Customer may provide the Bank with an amended or replacement Mandate and the Bank will be entitled to rely on such amended or replacement Mandate after a reasonable period of time and until then may rely on the pervious Mandate. Corrections The Bank may at any time without prior notice to the Customer debit an Account to rectify any mistake. Account Information 7.1 For each Account the Bank will provide the Customer with statements in such medium (whether paper, electronic of telephonic) and at such frequency as may be agreed between the Parties, or in the absence of such agreement, in accordance with the Banks’ normal practice. 7.2 The Customer must verify the accuracy of the Account statements, confirmations and advices it receives from the Bank and notify the Bank promptly and in any case within thirty days of receipt, of any inaccuracies. Failure to do so will be deemed to constitute the Customer’s approval of the contents and the Bank will not be liable in relation to any inaccuracies. 7.3 The Bank may at any time correct any mistakes in any Account statements provided to the Customer and will endeavour to notify the Customer as soon as practicable. 7.4 The Bank’s records in relation to the operation of an Account or any Transaction are conclusive except where a clear mistake has been made. Charges and Interest 8.1 The Customer agrees to pay all charges in relation to any Account or Services as notified by the Bank from time to time. 8.2 The Bank will pay interest on any credit balance on an Account only where the Bank has agreed to do so at such rate as is agreed or notified to the Customer. Instructions Bank of China (Zambia) LTD 9.1 9.2 9.3 10. 11. 13. 14. 15. 16. 17. All instructions to the Bank will be in accordance with the agreed mandate between the Parties. However, the Bank may decline to act on any instructions where: (a) the instruction is ambiguous, conflicting, erroneous, not authentic, unauthorised, illegal, in violation of any law, regulation, sanction or directive or does not comply with the form required by the Bank; (b) such instruction will result in an unauthorised overdraft; (c) the Bank has suspended the operation of the Account as set out at [] (d) a directive, request or order has been received by the Bank from a court, investigative authority or regulator; or (e) a dispute in relation to the authority to operate any Account has been brought to the notice of the Bank pending the resolution of such dispute. The Bank will not be liable to the Customer or any other third party for any Loss suffered as a result of the Bank declining to act upon an instruction. The Bank will notify the Customer as soon as practicable if it declines to act on the Customer’s instruction’s. The Bank may impose at any time any additional requirement to verify the Customer’s identify or the authenticity of any instruction. Partnerships All partners (on a joint and several basis) shall be bound by these terms and conditions and liable for any debts and other liabilities owed by the Customer to the Bank from time to time notwithstanding any change in the persons constituting such partnership. The Customer will promptly notify the Bank in writing of any change in the partners of the Customer or any change in the name of the Customer. Limitation of Liability 10.1 The Bank will not be liable to the Customer or any third party for any loss of profit, revenue, anticipated savings, business, contracts or goodwill or similar loss (whether direct, indirect or consequential whether such loss was foreseeable or not. 10.2 The Bank will not be liable to the Customer for any loss suffered or incurred by the Customer arising from or in connection with: (a) any error, failure, interruption, delay or non-availability of services, goods, software, communication or other networks or information supplied to the Customer or to the Bank by a third party or controlled by a third party. (b) any Force Majeure event. Indemnity to the Bank The Customer will indemnify the Bank on demand against all losses which the Bank may suffer arising from in connection with any Account or the provision of services to the Customer resulting from the breach of the Customer of its obligations under these terms and conditions or the Bank acting on any instruction (including a stop payment instruction) unless such loss is the direct result of the Banks negligence, wilful misconduct or fraud. Collection of data and disclosure 14.1 The Bank shall be entitled from time to time and in the course of its relationship with the Customer to collect and hold information relating to the Customer or its directors, partners, employees or third parties dealing with the Customer as reasonably required. 14.2 Subject to 14.3 the Bank will treat all Information as confidential. 14.3 The Bank shall be entitled to disclose information where: (a) the Customer has consented to such disclosure; (b) the information, at the time of disclosure, was already in the public domain; or (c) the Information is requested at the direction or order of an investigative agency, a court, a regulator or under any law. Taxation If the Bank is at any time required to pay any taxes, duties, levies, imposts or other amounts on any payment to the Customer the Bank may without further notice to the Customer deduct from the payment such amounts as necessary to pay such taxes, duties, levies, imposts or other amounts. Gross up of payments All payments to the Bank will be made in full, without any set-off, counter-claim, deduction or withholding (including on account of any taxes, duties, levies or imposts. Where any payment is subject by law to a deduction or withholding the amount of the amount of the payment will be increased so that the amount of the payment received by the Bank after any such deduction or withholding is equivalent to the amount otherwise payable Set-off The Bank may at any time and without notice to the Customer combine, consolidate or merge all or any of the Accounts or may set-off any obligation whatsoever due from the Customer to the Bank against any obligation whatsoever due from the Bank to the Customer regardless of the place of payment, currency of payment and whether such obligation is matured or Bank of China (Zambia) LTD 18. 19. 20. 21. 22. unmatured, contingent or actual, present or future. If the amount of the obligation is unascertained the Bank may estimate the amount for the purposes of the set-off. Notices and Communications 18.1 The address and fax number for each Party for any notice, communication or document to be made or delivered under or in connection with these terms and conditions will be that which is notified to the other Party in writing and any substitute address or fax number will only become effective on reasonable advance written notice. 18.2 Any communication or document to be made or delivered to the Customer will only be effective only when actually received by the Bank and expressly marked for the attention of the department or officer identified and any fax will be effective when transmitted as proved by a fax transmission receipt. 18.3 The Bank may act on instruction received verbally (including by telephone), by fax, telex, e-mail or other form of electronic communication. The Bank may require from the Customer confirmation in the Bank’s prescribed form before acting on such documentation. 18.4 The Customer acknowledges and accepts the risks in communicating or giving instructions to the Bank verbally or via fax, telec, e-mail or other form of electronic communication which risks include, delay, non-receipt and third party interception. Provided that the Bank believes that the relevant communication or instruction to be genuine or complete, the Bank may act upon or otherwise rely on such communication or instruction and the Customer will bear such risks and will not in anyway hold the Bank liable. 18.5 The Bank may record conversations between the Bank and the Customer and, subject to the provisions of applicable law, the Customer agrees that such recording may be used in resolving any dispute between the Bank and the Customer. Certificates Except in cases of manifest error any certification or determination by the Bank or a rate or amount will be conclusive. Assignment and Transfer 20.1 The Bank may assign or novate any or all of its rights under these terms and conditions or in relation to any Account or its service to any person at any time without the prior written consent of the Customer. 20.2 The Customer may not assign or novate any or all of its rights under these terms and conditions and may not give any proprietary, security or other interest over any Account in credit to any third party. General 21.1 If any terms or conditions herein is or becomes illegal, invalid or unenforceable under any law neither the legality, validity or enforceability of any other term or condition will be affected or impaired. 21.2 No failure or delay by the Bank in exercising any right or remedy herein will operates as a waiver of such rights or remedies. 21.3 These terms and conditions set out the entire agreement between the Customer and the Bank save that the Bank may set out additional terms and conditions by notice in writing to the Customer from time to time. 21.4 These terms and conditions will be binding on and be for the benefit of the successors and assigns of the Parties hereto. Governing Law These terms and conditions shall be governed by the laws of the Republic of Zambia. Agreed and accepted by: Name:_____________________________ Signature:___________________________________ Name:_____________________________ Signature:___________________________________ Date: _____________________________ Bank of China (Zambia) LTD KYC DOCUMENTS FOR PERSONAL ACCOUNT 个人开户所需提交文件及证明 1. THE APPLICANT’S ORIGINAL IDENTITY CARD (PASSPORT OR NRC) (开户申请人的证件:护照或国民注册卡 2. THE APPLICANT’S WORK PERMIT. (开户申请人的工作许可) 3. ADDRESS PROF: THE UTILITY BILL RECEIPT, OR RENT CONTRACT, OR PROPERTY CERTIFICATE, OR ADDRESS CONFIRMATION LETTER FROM TH E EMPLOYER, ETC. (居住地证明:公共事业费收据,或租房合同;或房产证; 或公司出具的地址证明等) 4. APPLICATION FORM FOR OPENING ACCOUNT (FROM THE BANK) (银行提供的开户申请书) 5. TWO SIGNATURE CARDS OF THE AUTHORIZED SIGNATORY (开户人的签字样本) 6. TWO PASSPORT SIZED PHOTOS OF THE AUTHORIZED SIGNATORY (开户人二寸照片两张) 7. A REFERENCE LETTER FROM A PROFESSIONAL, AN EMPLOYER OF THE CUSTOMER OR A PERSONAL ACCOUNTHOLDER OF BOCZ (一封推荐信,可以由熟悉该客户雇主或我行个人客户出具)