RISK DISCLOSURE POLICY
ATRIAFINANCIAL SA (PTY) LTD.
Atriafinancial SA (Pty) Ltd (hereafter the “Company”) is a company incorporated under the laws of South Africa, the registered office of which is at the Workplace, 44 Melrose Boulevard, Birnam, 2196 and is a Financial Services Provider regulated in the conduct of its activities by the South African Financial Sector Conduct Authority (“FSCA”) under license 36060. The Company being a provider of markets for CFD and foreign exchange contracts and other similar financial products via electronic trading platforms. The Company may from time to time add and remove financial trading products at its own discretion. The Company owns and operates the website www.sa.evest.com and all trading platforms and brand names in connection with the Evest brand.
As an authorised provider of financial services, we are obligated to provide to appropriate information in regards to our products and services and the accompanying risks associated with these investment products and services, the information provided below should be used as cautionary guidance for all potential risks’ clients may encounter when trading Contracts for Difference (CFD) and/or Currency Contracts (FX Contracts) on our online trading platforms.
The Client must agree and acknowledge that they are fully aware of the terms of the Client Agreement and all policies that the Company has implemented and is obliged to enforce and comply with under, the Laws and Regulations of South Africa. The Client is strongly advised to read and review all terms and conditions of the Client Agreement and all the Policies which are readily available on our website Documents and Policies and hence, agree to be bound by them. Also, the client should be aware that the Company reserves the right to change and amend all terms and conditions, policies of the Company from time to time without notice or informing the client, hence we advise that the client review all terms and conditions and policies on a regular basis.
For any additional assistance and/or clarification regarding any policies the client can contact the Company at [email protected]
This is the Company’s Risk Disclosure Policy/Notice and its purpose is to provides a non-exhaustive list of the risks associated with derivative products trading, in particular CFD trading, and other significant aspects related to such products. This notice is strictly for informative purposes only and cannot explain nor cover all of the risks associated with CFD trading nor how such risks relate to the client’s personal circumstances. We strongly advise that independent professional consultation is obtained regarding any financial, legal, regulatory or tax issue the clients may require prior to proceeding with CFD and FX contracts. As we will not be liable to provide or assist any clients with these issues.
You should not deal in derivatives unless you understand the nature of the contract you are entering into and the extent of your exposure to risk. You should also be satisfied that the contract is appropriate for you both in regards to your personal circumstances and financial position.
Whilst derivatives instruments can be utilised for the management of risk, some investments may not be appropriate for many investors, furthermore, there are investments that professional advice is strongly recommended to minimise your risk exposure. Different instruments involve different levels of exposure to risk, and in deciding whether to trade in such instruments, you should be aware of the following points:
CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage.
The vast majority of retail investor accounts lose money when trading CFDs.
You should consider whether you understand how CFDs work and whether you can afford to take the high risk of losing your money.
If you have pursued only conservative forms of investment in the past, you may wish to study CFDs and their underlying instruments further before continuing an investment of this nature. You must also realise that the risk in buying CFDs means you could lose the entire investment. If you wish to continue with your investment, you acknowledge that the funds you have committed are purely risk capital and loss of your investment will not jeopardise your style of living nor will it detract from your future retirement program. Additionally, you acknowledge that you fully understand the nature and risks CFDs and their underlying instruments, and your obligations to others will not be neglected should you suffer investment losses.
When trading CFDs, you are not entitled to the physical delivery of the underlying instrument of the CFDs you are trading and you have no rights (including voting rights) in the underlying instrument. This means that you are not entitled to ownership of the underlying asset of such a contract.
Positions opened with us are not traded on any exchange (i.e. the transactions are undertaken over the counter (OTC)) and, as such, they may expose the Client to greater risks than regulated exchange transactions. The prices and other conditions are set by us, subject to any obligations we have to provide best execution, to act reasonably and in accordance with the Company’s Terms and Conditions and our Order Execution Policy. Each CFD trade that you open through the Company results in you entering into a contract with us; these contracts can only be closed with us and are not transferrable to any other person. For any additional assistance and clarification in regards to the transactions, prices and order execution please review the client agreement. If further assistance is required then contact the Company at [email protected] .
Investing in FX Contracts and CFDs with an underlying asset listed in a currency other than your base currency entails a currency risk, due to the fact that when the CFD or FX Contract is settled in a currency other than your base currency, the value of your return may be affected by its conversion into the base currency. Any changes in the exchange rates may have a negative effect on the financial instrument’s value, price and performance, and may lead to losses for the Client.
The clients must also acknowledge that foreign markets and currencies may become untradeable and effected due to political and economic events that may impose sanctions, restrictions and bans imposed by local and foreign authorities and dealing in these can lead to losses and risks that the Company can be held legally liable or accountable for.
Under certain market conditions, it may be impossible for a client’s order to be executed at the declared prices, leading to losses. Due to market conditions which may cause any unusual and rapid market price fluctuations, or other circumstances, the Company may be unable to close out client’s position at the price specified by client and the risk controls imposed by the Company might not work and client agrees that the Company will bear no liability for a failure to do so.
Changing supply and demand relationships, governmental, agricultural, commercial and trade programs and policies, national and international political and economic events, and the prevailing psychological characteristics of the relevant market place are factors which, among other things, influence the prices of derivative financial instruments and the underlying asset.
In times of high volatility or market/economic uncertainty, values may fluctuate significantly. Such fluctuations are even more significant in case of leveraged positions and may adversely affect your positions. In the event of default, your positions may be closed out.
Furthermore, the Company cannot be deemed liable for any losses that the client may suffer due to inaccessible entry to the Online Trading System resulting from either software updates and/or maintenance to the Systems Online Trading platform. The Company will to its best ability provides information in advance in regards to any software updates and/or maintenance that will be performed to the online Trading system. The clients are advised to regularly review all notices published on the Company’s websites to remain informed of theses actions. Should the client experience any entry problems they can contact the company client support service for assistance.
The high degree of “leverage” is a particular feature of CFD Contracts. Trading risks are magnified by leverage.
The effect of leverage makes investing in CFDs riskier than investing in the underlying asset, due to the margining system applicable to CFDs, which generally involves a small deposit relative to the size of the transaction, so that a relatively small price movement in the underlying asset can have a disproportionately dramatic effect on your position. This can be both advantageous and disadvantageous.
A small price movement in your favor can provide a high return on the deposit, however, a small price movement against you may result in significant losses. If you are a retail client, your losses will never exceed the balance of your account, which is balanced to zero, if the losses are higher than the amount deposited. Such losses can occur quickly. The greater the leverage, the greater the risk. The size of leverage therefore partly determines the result of the investment.
It is noted that leverage restrictions apply with respect to retail CFD accounts, ranging up to 1:100, depending on the underlying instrument.
The Company takes all reasonable steps to identify and prevent or manage the conflicts of interest arising in relation to its business lines and its group’s activities under a comprehensive Conflicts of Interest Policy. The disclosure of conflicts of interest by the Company should not exempt it from the obligation to maintain and operate the effective organisational and administrative arrangements. For more information on (potential) conflicts of interest and the mitigation measures taken by the Company, kindly refer to the Company’s Conflicts of Interest policy.
The Client is responsible for any taxes and/or any other duty and/or fee and/or expenses which may accrue in respect of his/her trades. The Client is responsible for managing their tax and legal affairs and complying with applicable laws and regulations. The Company does not provide any regulatory, tax or legal advice and if the Client has any doubt regarding the tax treatment or liabilities of investment products which are available through the Company, they should seek independent advice.
The client should only engage in CFD trading if they are prepared to accept a high degree of risk and in particular the risks outlined in this Policy. Retail clients could sustain a total loss of deposited funds but are not subject to subsequent payment obligations but professional clients and eligible counterparty clients could sustain losses in excess of deposits.
For more information, clarifications or queries in relation to the risks associated with CFD trading, please contact the Company via the email [email protected] .