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Financial Services Agreement Preliminary Disclosure

PhillipCapital Menkul Değerler A.Ş. (hereinafter PhillipCapital) may enter into framework agreements with customers electronically in accordance with Article 5 of the Communiqué on the Documentation and Record-Keeping System for Investment Services, Activities and Ancillary Services (III-45.1), Article 13 of the Communiqué on Remote Identification Methods Used by Brokerage Firms and Portfolio Management Companies and the Establishment of Contractual Relationships Electronically (III-42.1), and the Regulation on Distance Contracts for Financial Services.

Accordingly, this Preliminary Information Form has been prepared for the relationship between PhillipCapital Menkul Değerler A.Ş. and the Customer pursuant to Article 5 of the Regulation on Distance Contracts for Financial Services, published in Official Gazette No. 29253 dated 31 January 2015 on the basis of Articles 49 and 84 of Consumer Protection Law No. 6502 dated 7 November 2013.

Information About the Investment Firm Providing the Financial Service

  • Trade Name: PhillipCapital Menkul Değerler A.Ş.
  • Address: Nida Kule Levent Business Center Esentepe Mah. Harman 1 St. No:7/9 Floor:3-12 34394 Levent /Şişli/İstanbul
  • Phone: +90 (212) 239 10 00
  • Fax: +90 (212) 233 69 29
  • E-mail address: Available in the contact information on our website.
  • MERSIS Number: 0454006550200012

Principal Business Activity of the Company: We hold Investment Service and Activity Permits that we are authorized to provide pursuant to CMB Communiqué III-37.1 "Principles Regarding Investment Services and Activities and Ancillary Services" and Communiqué III-39.1 "Principles on the Establishment and Activities of Investment Firms", the details of which are set out below.

Basic Characteristics of the Financial Service

PhillipCapital has been authorized by the Capital Markets Board, under Capital Markets Law No. 6362, as a broadly authorized intermediary institution to carry out the following activities;

  • Order Execution Activity,
  • Portfolio Brokerage Activity,
  • Individual Portfolio Management,
  • Public Offering Intermediation Activity (Underwriting), and
  • Limited Custody Service

PhillipCapital also provides, limited to its investment services and activities, ancillary services such as margin trading, securities lending transactions, foreign exchange services, and providing investment research, financial analysis or general advice regarding transactions related to capital market instruments.

Information on the Costs of the Financial Service

All taxes, duties (BSMV, stamp duty, etc.) and other costs paid to the government and other authorized institutions at the rates stipulated by legislation, arising from all transactions during the provision of financial services, are paid by the Customer. The current amounts of commissions, interest and costs are published on PhillipCapital's website. Commissions, fees, costs and similar obligations related to transactions to be carried out under the Agreement are not fixed and are valid as of the date the Agreement is executed. Any change to any of the Cost and Commission items will be deemed to have been notified to the customer by being published on the website, communicated by phone, in writing or electronically, and stated on the account statement.

If the Customer does not object to the change in the relevant items within 5 (five) business days from the date of notification and/or announcement, these changes will become effective. The Customer's right to terminate the Agreement is reserved.

Default interest rates applicable in the event of default arising from transactions carried out under the Agreement, and similar obligations arising therefrom, are not fixed and may be charged up to 3 times the highest overnight borrowing interest rate formed in the BIST repo-reverse repo markets, the CBRT Interbank Money Market, or the Takasbank Money Market. For customers trading on margin, 1.5 times the applicable credit interest rate is charged in the event of default or limit breaches. Rates applicable on a customer basis must be tracked through account statements. The Customer is responsible for all losses and costs arising from failure to fulfill obligations arising from the transaction orders given by the Customer.

Information regarding financial instruments that, by their nature or depending on the transactions to be carried out, carry certain special risks, or whose prices change according to fluctuations in the financial market beyond PhillipCapital's control, or whose past data does not constitute an indicator for future values, is contained in the Risk Disclosure Forms that are required to be read and signed prior to the agreement.

Taxes to Be Paid by the Customer, If Any

Banking and Insurance Transactions Tax (BSMV) and other taxes charged at the rate stipulated by applicable legislation on all transactions, as well as any costs, commissions and expenses charged by Exchanges, Takasbank, MKK and similar other institutions and organizations, are paid separately by the Customer.

Information on the Validity Period of the Information Provided

The prices of the securities subject to the transaction change instantly and daily depending on the market conditions in which the transactions are carried out.

Information on Payment and Performance

Payment and performance are carried out from the Customer's current and/or credit account with PhillipCapital, within the periods stipulated by legislation, as set out in the agreements.

Additional Costs Relating to the Use of the Means of Distance Communication

No additional cost will be charged to the Customer due to the use of the means of distance communication.

Right of Withdrawal

Pursuant to Article 13 of the Regulation on Distance Contracts Relating to Financial Services, there is no Right of Withdrawal for the financial services in question.

Minimum Duration of the Agreement and Method of Termination

There is no minimum duration for Agreements executed for an indefinite period. Under the agreement signed between the Parties, the Parties have the right to unilaterally terminate the agreement, and the procedures and conditions relating to termination are also set out in the agreement signed between the parties.

Contact Information (Article 7 of the Regulation)

Pursuant to Article 7 of the Regulation on Distance Contracts Relating to Financial Services: the Customer's Name, Surname, full address, e-mail address if available, telephone number and other contact information are specified in the agreements.

You may submit your complaints and applications regarding the services provided by PhillipCapital electronically, primarily through the Investment Firm's address. After the result of your complaint has been communicated to you in writing or verbally, you may also submit your complaints and objections to the Turkish Capital Markets Association or the Capital Markets Board; you may also apply to the competent and authorized courts.

During the term of the contractual relationship, you may request a paper copy of the agreement without paying any fee.

Guarantee Fund and Compensation Arrangements

Pursuant to the first paragraph of Article 83 of Capital Markets Law No. 6362, in the event that investment firms fail to fulfill their cash payment or capital market instrument delivery obligations arising from their investment services and activities, there is the Investor Compensation Center (www.ytm.gov.tr), established as a public legal entity, to fulfill the compensation decisions taken by the Capital Markets Board within the framework of Capital Markets Law No. 6362.

In addition, markets for which İstanbul Takas ve Saklama Bankası A.Ş. (Takasbank) acts as a central counterparty have a guarantee fund, and settlement of transactions in those markets is guaranteed. Detailed information on the amount and operation of the guarantee fund is available at https://www.takasbank.com.tr/tr the address below.

Right of Withdrawal (Article 13 of the Regulation)

The Customer has no right of withdrawal under Article 13 of the Regulation on Distance Contracts for Financial Services. In particular, the Consumer may not exercise a right of withdrawal from contracts for financial services whose price changes beyond PhillipCapital's control as a result of financial-market fluctuations that may occur during the withdrawal period. These contracts include, without limitation, foreign-exchange transactions, money-market instruments, transferable securities, investment-company shares, futures and equivalent cash-settled instruments based on financial assets, forward-rate agreements, interest-rate, currency and equity swaps, options, and equivalent cash-settled financial instruments.

In the event that the Customer requests to open an account and approves the framework agreement through online channels or in printed form, it is accepted and declared that the Customer has read and understood the information contained in this Preliminary Disclosure Form for Distance Contracts Relating to Financial Services, has accepted it, has signed this disclosure form of their own free will, and has reviewed the form and viewed a copy of it.

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