Agreement of “Successively High” Personal Foreign Exchange Financing Product
Party One: LUO
Name of the certificate: ID card No. of the Certificate: 310109530613084
Address: Room 403, No.74, Laoshan New Village, Pudong District Post code: 200120
Party Two: China Industry and Business Bank Shanghai Branch
Address: CIBB Jinling Dong Road Subbranch Contact No.: www.148hz.com
1. The two parties signed this agreement under the principle of equality and unconstraint, assume sole responsibility for its profits or losses and assume sole responsibility for its risk. This agreement is the legal document, which shows rights and responsibilities in the “Successively High” Personal Foreign Exchange Financing Operation for both parties. is the indiscerptible and important part of this agreement.
2. According to , Party Two agreed to deal with “Successively High” Personal Foreign Exchange Financing Product. The detailed dealings are as follows:
1) The two parties deal with “Successively High” Personal Foreign Exchange Financing Product, which is valued 12,000 dollars. Party One should pay the same amount of dollars to Party Two as investment caution money on the dealing date of value. If Party One does not require paying investment caution money separately, Party Two has the right to turn the trust caution money paid by party one into investment caution money on the date of value. The investment caution money paid by party one is 12,000 dollars (cash).
2) Investment period: 36 months
3) Date of Value: December 10, 2003
4) Date of Maturity: December 10, 2006
5) Minimum investment lucre rate (including tax): 2.55% (annual rate)
6) Calculation of investment lucre rate and investment lucre: the investment lucre rate of this product is calculated by progressive increase in different interest calculation period, namely, after the first interest calculation period took minimum investment lucre rate, every investment lucre rate of interest calculation period followed would show an increase of 0.05%(annual rate) over the investment lucre rate of its former interest calculation period.
Calculation formula:
Investment lucre rate in the first interest calculation period=2.55%(annual rate)
Due investment lucre rate=investment lucre rate in the former interest calculation period+ 0.05% (annual rate)
Due investment lucre= dealing amount (i.e. amount of investment caution money) * due investment lucre rate*360/360
7) Date of value and date of interest payment: every 12 months from the dealing date of value as one investment interest calculation period. Party two will calculate due investment lucre on the basis of due investment lucre rate and transfer to the appointed accounting on every finish date of interest calculation period (i.e. date of interest payment).
8) Terms of redeeming in advance: Party two has the right (not the responsibility) to redeem this financing product in advance and terminate the dealing after the interest payment in every date of interest payment. Once party two exercised the rights of redeeming in advance, the dealing relationship under the item of “Successively High” Personal Foreign Exchange Financing product of the two parties will terminate at once. Party two will refund the total investment caution money to the appointed clearing account by party one.
9) Terms of non working day of bank: American and Chinese legal holidays and Saturdays and Sundays are non working days of bank. If the date of interest calculation and Maturity is non working days of bank, it should be deferred to the next working day of bank automatically.
10) Withdraw in advance: party one should not draw the investment caution money mentioned in this agreement in advance before the investment period maturity.
11) Tax calculation method: Party two should collect interest tax from party one according to the interest calculation period published by China People’s Bank and saving deposit interest rate. Interest tax is calculated and deducted from the investment lucre gained by party one in different period and times.
3. The appointed account of party one is the current account (accounts: 1001268901212430588) opened in party two by party one. This account is used to clear the investment lucre in different period of party two and the investment caution money when it finished (or redeemed in advance by party two).
4. Risk Statement: party one has already understood totally and is willing to accept the risk of “Successively High” Personal Foreign Exchange Financing Product before signing this agreement and signed this agreement independently according to personal estimation.
5. Party two will telephone party one according to the contact method written by party one before exercising the rights of redeeming in advance. As long as party two transferred the investment caution money paid by party one to the appointed clearing account obligated by party one on the date of interest payment, it showed that party two exercised the rights of redeeming in advance.
6. Party one should check the balance of appointed clearing account on every date of interest payment/maturity. If there is some query, party one should put forward it in ten days after the due date of interest payment/ maturity.
7. Party one should guarantee the deposited investment caution money not to be frozen or deducted by any organization, unit or individuality. Once there is any frozen or deduction caused by economic conflict, lack of legal tax payment, party one should pay the same amount to party two separately as investment caution money on the same day. Otherwise, party two has the right to terminate the dealing relationship under the item of “Successively High” Personal Foreign Exchange Financing Product, and makes the following resolution: make this dealing be balanced with the market. If there is some loss, party two will deduct the loss in the available client investment caution money and the remaining investment caution money will be refunded to the client. If the client investment caution money was deducted totally or frozen, or not enough, party two has the right to deduct directly from any account opened in china Industry and Business Bank by party one and has the right to ask party one to pay.
8. Party one should make sure that all the basic information, appointed clearing account and contact method listed in this agreement are true and legal. If there is any modification, party one should inform party two in time. Otherwise, party one should assume the loss caused by this neglect.
9. Party one has the right to deduct related taxes from the investment lucre gained by party one according to national tax law, regulation and rules.
10. This certificate should not be transferred to the third person without mutual agreement.
11. This agreement will come into effective after being signed and sealed by the two parties. This certificate is made three in one form. Party one keeps one, and party two keeps two.
Party one: (signature)
Date: December 12, 2009
Party Two: China Industry and Business Bank Shanghai Branch
Date: