Application Form for SIX Swiss Exchange AG Participation 1. Name and Address of Applicant Company Name: Number: Street: ZIP Code: City: Phone: Fax: Country: Website: Address must be equal with the registered address in the commercial register. Parent Company Name and Address (if applicable): 2. Auditors Company name and address of auditors recognised by the responsible independent supervisory authority: Application Form for SIX Swiss Exchange AG | v6.10 1|6 3. Technical Connectivity and Interfaces Direct Connectivity Indirect Connectivity Internet Via SIX Swiss Exchange approved Application Service Provider (ASP) or Trading Member Managed IP Service Name of ASP or Trading Member: Ethernet Service Optical Link Proximity Service Co-Location Access London Access Point Interfaces STI - Standard Trading Interface MDI - Market Data Interface QTI - Quote Trading Interface IMI - ITCH Market Data Interface OTI - OUCH Trading Interface GLIMPSE - Snapshot Recovery Service RDI - Reference Data Interfaces Technical Contact Persons Name of Technical Coordinator: Phone: Fax: E-Mail: Fax: E-Mail: Name of System Administrator: Phone: Company Name of Third Party IT Support Provider (contractual): Phone: Fax: E-Mail: Fax: E-Mail: 4. Invoicing Details Name of Contact Person: Phone: Company Name and Address: Street: City: Application Form for SIX Swiss Exchange AG | v6.10 Number: ZIP Code: Country: 2|6 5. Clearing and Settlement Please indicate intended clearing status: Individual Clearing Member (ICM) General Clearing Member (GCM) Name of GCM: Non Clearing Member (NCM) 6. Authorisation as Securities Dealer Only companies which have received authorisation pursuant to Article 10 of the Swiss Federal Act on Stock Exchanges and Securities Trading (Stock Exchange Act, SESTA, SR 954.1) (formal approval as a securities dealer for companies with their registered office in Switzerland) or Article 40 of the Swiss Federal Act on Financial Market Infrastructures and Market Conduct in Securities and Derivatives Trading (Financial Market Infrastructure Act, FMIA, SR 958.1) (authorisation of foreign participant with no registered office in Switzerland) may be admitted to SIX Swiss Exchange. We hereby declare: That we have received authorisation from the Swiss Financial Market Supervisory Authority (FINMA) as a securities dealer. That we have submitted a request for such approval to the FINMA. 7. Administrative Information 7.1 Trading Name of Business Coordinator: Phone: Fax: E-Mail: Fax: E-Mail: Fax: E-Mail: Name of Head Trader - Equities: Phone: Name of Head Trader - Bonds: Phone: Name of Head Trader - Derivatives: Phone: Fax: E-Mail: E-Mail Recipient(s) for Cancellation Notification Production: Membertest: Application Form for SIX Swiss Exchange AG | v6.10 3|6 7.2 Compliance Name of Compliance Officer: Phone: Fax: E-Mail: 7.3 Clearing and Settlement Name of Contact Person in Charge of Clearing: Phone: Fax: E-Mail: Name of Contact Person in Charge of Settlement: Phone: Fax: E-Mail: 7.4 Trader Examination for Traders and Reporting Agents *Name of 1st Person in Charge of Trader and Reporting Examination (mandatory, must be Compliance Officer): Phone: Fax: E-Mail: *Name of 2nd Person in Charge of Trader and Reporting Examination (mandatory): Phone: Fax: E-Mail: *We declare that we have read, understood and hereby agree to the following: All traders and reporting agents of the Applicant who will trade on SIX Swiss Exchange have to obtain a SIX Swiss Exchange Trading or Reporting Agent License. All traders have to register for the resp. Examination before the first trading day of the Applicant. SIX Swiss Exchange grants to traders and reporting agents of the Applicant a one-off provisional registration of 3 months starting from the first trading day of the Applicant. Within this period of time the traders and reporting agents have to pass the respective Examination. For further information please refer to the document “Participant requirements for trader examinations” and to the website of Member Education: http://www.six-swiss-exchange.com/participants/participation/traders/education_en.html Application Form for SIX Swiss Exchange AG | v6.10 4|6 8. Applicable Law and Arbitration Clause This application form and the SIX Swiss Exchange rules and regulations, including (but not limited to) the SIX Swiss Exchange Rule Book, shall be subject to the substantive laws of Switzerland. It has been issued in the context of selfregulation activities, as described in Articles 27-28 FMIA. This choice of law also applies to all of the legal issues referred to in Art. 2 para. 1 of the Hague Securities Convention. Disputes with SIX Swiss Exchange AG and the Regulatory Bodies (currently, these are the Regulatory Board, SIX Exchange Regulation, the Sanction Commission and the Appeals Board), specifically including those relating to sanctions that have been imposed, will be decided exclusively and finally by their Zurich-domiciled Court of Arbitration after any internal remedies provided for in the above Legal Foundations have been exhausted. The Court of Arbitration comprises one chairman and two arbitrators, one appointed by each of the parties for the individual case in question. The chairman and his deputy are appointed by the President of the Swiss Federal Supreme Court for a four-year term of office. If several parties are plaintiffs or defendants, they agree on one common arbitrator otherwise the corresponding arbitrator will be appointed by the competent court. The chairman may conduct an oral procedure for reconciliation. The third part of the Swiss Federal Code of Civil Procedure (Schweizerische Zivilprozessordnung) is applicable to the arbitration proceedings. In any case a possible arbitration code passed by the Regulatory Board supercedes the Swiss Federal Code of Civil Procedure and Chapter 12 of the Federal Statute on Private International Law (Bundesgesetz über das internationale Privatrecht [IPRG], SR 291) is expressly excluded. 9. Application and Declaration for SIX Swiss Exchange Participation We hereby apply to participate in securities trading on SIX Swiss Exchange AG in accordance with SIX Swiss Exchange rules and regulations. We hereby declare that we have read and understood the SIX Swiss Exchange rules and regulations, including (but not limited to) the SIX Swiss Exchange Rule Book. We further declare that we shall recognise and comply with the SIX Swiss Exchange rules and regulations, including (but not limited to) the SIX Swiss Exchange Rule Book, as well as the SIX Swiss Exchange messages and guidelines as valid at any given time. Finally we give authorization to publish our business name on the list of trading participants on the SIX Swiss Exchange website. Place and Date 1. Name and valid signature of Applicant 2. Name and valid signature of Applicant 10. Declaration of SIX Swiss Exchange AG SIX Swiss Exchange AG and the Regulatory Bodies hereby declare their agreement with the aforementioned Applicable Law and Arbitration Clause. Zurich, Place and Date 1. Name and valid signature of SIX Swiss Exchange AG 2. Name and valid signature of SIX Swiss Exchange AG Application Form for SIX Swiss Exchange AG | v6.10 5|6 Appendix A: Documents Submitted We hereby submit the following documents: Copy of the FINMA securities dealer licence or the FINMA remote member authorisation Current excerpt from the commercial register, certified by a court or a notary, as proof of i) registration of the applicant's registered office or branch office ii) the business purpose of the company iii) the persons who represent the company Latest annual financial statements with auditors` report (if not included in the annual report) Organisational chart of the enterprise or group as applicable Detailed description and chart of ownership structure (percentage stake of shareholders) Information pertaining to the composition of the board of directors and the executive board Description of the intended trading activities in Switzerland Signatory list (Please ensure that all signatories on this application form are part of the signatory list) All documents must be in English, German or French. Comments on enclosures: Important Information Print Please return your completed and signed form by post to: SIX Swiss Exchange AG, Member Services Pfingstweidstrasse 110, P.O. Box, CH-8021 Zurich Reset For business questions please contact Member Services Zurich. For technical questions please contact your Local Support Center. SIX Swiss Exchange AG Member Services Pfingstweidstrasse 110 P.O. Box CH-8021 Zurich Geneva London Zurich P +41 58 399 2473 F +41 58 499 2476 [email protected] www.six-swiss-exchange.com Application Form for SIX Swiss Exchange AG | v6.10 [email protected] [email protected] [email protected] +41 58 399 5642 +44 20 7864 4364 +41 58 399 2400 6|6
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