1.1 Margin Financing - Trading by way of margin financing in any investment arrangement involves the risk that adverse market movements may give rise to losses substantially over the sums deposited by way of margin and the placing of such a margin as security in no way limits your liability in the event of such losses being sustained. You will be liable without limit for all such losses. The use of leverage can therefore lead to large and unlimited losses as well as gains.
1.2 Loss of Margin and Other Amounts - If at the AXAFOREX.com’s discretion you trade on a margin basis, you may sustain a total loss of the initial margin funds and any additional funds and assets that you deposit with AXAFOREX.com to establish or maintain a position in the relative market. If the market moves against your position, you may be called upon by AXAFOREX.com to deposit a substantial amount of additional margin funds, on short notice, to maintain your position. If you do not provide the required additional funds or fail to make interest payments within the prescribed time or if the market moves against you further before the receipt by the AXAFOREX.com of the additional funds, notwithstanding that the prescribed time has not elapsed, the AXAFOREX.com at its sole discretion may (but it is not obliged to) close at the market rate all or any of your positions that you may have and liquidate your collateral without your consent or prior notice.
1.3 Liquidation May Not be Possible - Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market makes a “limit move” or trading is suspended by the relevant Exchange. Also, there may not be a ready market for certain investments and market traders may not be prepared to deal in certain investments. Some investments may have to be held to maturity, for instance, some index options can only be exercised on the expiry date, whilst other index options may be exercised at any time before expiry. Proper information for determining the value of certain investments may not be available.
1.4 Limitation Orders May Not Limit Loss - Placing contingent orders, such as “stop-loss” or “stop-limit” orders will not necessarily limit your losses to the intended amounts, since market conditions may make it impossible to execute such orders. Under certain circumstances, it may be difficult or impossible to assess the value of your position, determine a fair price, or assess your risk exposure.
1.5 Spreads - A “spread” position may not be less risky than a simple “long” or “short” position.
1.6 Warrants - Warrants often involve a high degree of gearing so that a relatively small movement in the price of the Underlying Securities, Structured Investments, and Trading Assets to which the warrant relates may result in a disproportionately large movement, unfavorable or favorable, in the price of the warrant.
1.7 Custodian and Broker Risks - Instruments may be held or delivered for settlement to a custodian or broker appointed in good faith by AXAFOREX.com, or by its nominees or sub-custodians. Such persons are not under the control of AXAFOREX.com, and AXAFOREX.com accepts no liability for any default of any nature by such third-party custodians or brokers or arising from the transfer of instruments to any such third party for any purposes, and in the event of any such default, you may suffer total or partial loss in respect of your investment. You should familiarize yourself with the protections given to money or other property which AXAFOREX.com deposits on your behalf for domestic and foreign transactions, particularly in the event of the insolvency or bankruptcy of a custodian or broker. The extent to which you may recover your money or property may be governed by specific legislation or local rules. In some jurisdictions, a property that may be identified as your own will be pro-rated in the same manner as cash for purposes of distribution in the event of a shortfall.
1.8 General Securities, Structured Investments, and Trading Assets Risks - Any trading in securities, Structured Investments, and Trading Assets carry investment risks. In particular, the price or value of any securities, Structured Investments and Trading Assets can and does fluctuate and may even become valueless, resulting in possible loss not only of profit but also of all or part of the principal sums invested. There is an inherent risk that losses may be incurred rather than profit made as a result of buying and selling securities. Past performance of any investment is not necessarily indicative of future performance.
1.9 Issuer or Counter-party Risks - If the issuer of any securities, Structured Investments Trading Assets or other instruments or a trading counter-party becomes unable to meet its obligations then such investments may become worthless and any trading costs and profits irrecoverable.
1.10 Country Risks - If an investment is made in any asset or issued by a party subject to foreign laws or transactions made on markets in other jurisdictions, including markets formally linked to a domestic market, recovery of the sums invested and any profits or gains may be reduced, delayed or prevented by exchange controls, debt moratorium or other actions imposed by the government or other official bodies. Before you trade you should enquire about any rules relevant to your particular transactions. Your local regulatory authority will be unable to compel the enforcement of the rules of regulatory authorities or markets in other jurisdictions where your transactions have been affected. You should obtain details about the different types of redress available in both your home jurisdiction and other relevant jurisdictions before you start to trade.
1.11 Currency Risks - Where trading contracts or other investments are denominated in currencies other than your primary reference currency, or where you convert funds from another currency upon investing, there is the risk that if the foreign exchange markets move against you, then upon maturity or any earlier dealing the net proceeds converted into your primary reference currency, or the currency from which the initial funds were converted (as the case may be), may be significantly less than the equivalent figure on the date the contract was entered into or the investment made and that any income or gains made may be entirely negated. Where your indebtedness to AXAFOREX.com is secured by assets denominated in a currency different from the currency of the indebtedness, the foreign exchange market may move against you and the risk of loss can be substantial. In the case of foreign currency deposits, the net return on your foreign currency deposit(s) will depend on market conditions prevailing at the time of maturity. In this regard, you may suffer loss as a result of the depreciation of the value of the currency paid as a result of foreign exchange controls imposed by the country issuing the Appendix 5: General Risk Disclosure Statement currency. Such loss may offset the net return on your deposit(s) and may result in losses to such deposit(s). Repayment or payment of amounts due to you may be delayed or prevented by exchange controls or other actions imposed by governmental or regulatory bodies.
1.12 Off-Exchange Transactions - Transactions may be traded off-exchange or on an over-the-counter basis. Non-exchange traded or “nontransferable” instruments may not be readily realizable and are not regulated by the rules of any exchange. Situations may arise where no market traders are prepared to deal with them or no proper information may be available to determine their value. Sometimes it may not be possible to obtain a price quotation. Minimum transaction amounts may be imposed and/or changed by traders from time to time.
1.13 Taxation - Income or profit from trading in any investments may be subject to withholding tax or capital gains tax or other tax of the country of the issuer or the country in which such investments are traded. In such event, unless the issuer agrees to gross up the income or profit received by the investors, the investors will only receive the interest payment or proceeds of sale or redemption of the investment less the withholding tax or capital gains tax, or other tax. Retention tax operated by paying agents may be applied in certain jurisdictions.
1.14 AXAFOREX.com Not Market Maker - We have no obligation to make a market price to you if your favorable price level cannot be obtained or there is no buyer in the market, nor to buy back any Securities, Structured Investments, and Trading Assets or other investments from you unless we have written an option requiring us to do so in certain circumstances.
1.15 Commissions and Other Charges - Before you begin to trade, you should obtain a clear explanation of all commissions, fees, and other charges for which you will be liable. These charges will affect your net profit (if any) or increase your loss.