Tribe Mandate_JSE_2016.PDF

INITIAL HERECLIENT REGISTRATION FORM 1

CLIENT REGISTRATION PACK

• Please complete the attached client agreement in full.• Initialeachpageinthebottomrightcorner.Anymodificationtotheagreementshouldbesignedinfull.• Page 8: Indicate your choice between Discretionary and Nondiscretionary and signed in full.• Depending on our choice above please complete Annexure E/F.• Annexure C includes the commission fees applicable.• Please complete the Call Account Mandate. Your funds will be held in Standard Bank in a unique account.

FICA REQUIREMENTS

Please ensure the required documents are certified copies.

IdentityNatural Persons ID document

Income tax no.Physical address

Copy of tax documentEg. Water and lights account

Closed Corporations Registered name and no.Registered addressTrading nameBusiness addressFor each member

CK1CK2Letter headEg. Water and lightsAs required for natural persons

Trust Registered name and no.Registered addressTrading nameBusiness address

Trust Deeds Trust Deeds Letter headEg. Water and Lights account

Company Registered name no.Registered addressTrading nameBusiness addressShareholder and directors

CM1 CM22 Letter headWEg. Water and Lights accountAs required for natural persons or company

INITIAL HERE1

INITIAL HERECLIENT REGISTRATION FORM2

THE JSE SECURITIES EXCHANGE

CLIENT AGREEMENT AND REGISTRATION FORM

This documentation pack should consist of:• Instructions to members• Client Registration Form• Client Agreement• Annexures to Client Agreement:

A. Risk Disclosure StatementB. Extract from the Financial Markets Control ActC. Schedule of FeesD. Investment objectives of ClientE. Banking DetailsF. Discretionary Managed PortfolioG. Non – Discretionary Managed PortfolioH. Call Account MandateI.AgreementonProfitShareAllocation

INITIAL HERECLIENT REGISTRATION FORM 3INITIAL HERE

Members should ensure that they follow the steps set out below when registering a new client:

1. Explain the Client Agreement to your client and ensure that the client is aware that he is also bound by the rules.

2. Explain the risks of trading in futures and options to your client. The client must read and initial the Risk Disclosure Statement (Annexure A).

3. Explain the implications of unsolicited calls to the client and let the client initial the extracts from the Financial Markets Control Act (Annexure B).

4. Complete the following:

• your name as member and the client’s name on the Client Agreement title page;• your appointment per clause 3; delete the non-applicable section;• any additional margin as required in clause 7 - enter 0% if not applicable;• your trading capacity as required by clause 8: indicate the choice.• explain how you will charge fees and that a turn is not a fee; indicate appropriate choice in clause 12.3 and complete Annexure

C;• the information as required in clause 14 read together with Annexure D - it is vital that the client’s investment objectives are clear

and concise - ensure the client understands what the maximum loss can be when implementing the particular strategy per his objectives;

• signatures and details of both parties as required in clause 23.5. Both you and your client must initial all of the above places where a choice, deletion or completion is required.

6. Initial every page, including all annexures, together with one witness.

7. Have your client initial every page, including all annexures, with one witness.

8. Retain the completed and signed originals in a safe place and provide the client with a copy.

9. Complete the Client Registration Form and fax it to the JSE. The client will then be registered by the Clearing House. Make sure thatboththecomplianceofficerandtheclientsignthedeclarationsonthisformandensurethattheclientunderstandswhatheissigning.

10. It is very important to take note of clause 21, which states that no amendment to the agreement (including the Annexures) will be of any force or effect unless reduced to writing and signed by both parties. This implies that in the case of any amendment to Annexures C or D after conclusion of the agreement, the amendments should be set out in separate Annexures, properly undersigned and dated by the member and the client as in the case of the agreement itself, and attached to this agreement as new Annexures, replacing existing ones. For reference purposes, the member should retain the original Annexures, but indicate clearly that these original Annexures have been amended and are therefore not in force.

INSTRUCTIONS TO MEMBERS:


EDMIRCClient to be registered to trade inEDM IRCMember Details:

Name Tribe Capital (Pty) Ltd

Contact Person

I,_____________________________________,theComplianceOfficerofthemember,herebyrequesttheJSEtoregisterthefollowing client in terms of rule 7.6.2.

Signed:(TheComplianceOfficer)

Date:

Client Details:NameCompany/CC Registration No./Individual’s ID No.Contact person (for Companies/CC’s)Discretionary managed client (Y/N)Resident Client Non-resident Client Emigrant ClientPostal Address Physical Address

Telephone No. Facsimile No.Telex No. E-mail AddressVAT numberTax number

I, , duly authorised signatory of the client, acknowledge that I have read and signed the client agreement and the risk disclosure statement, that I will be bound by the rules of the JSE and that the information I supplied is correct.Signed

Client’s Signature Date

Benjamin Swanepoel


THE SOUTH AFRICAN FUTURES EXCHANGEClient AGREEMENT

between

Tribe Capital (Pty) Ltd (“member”)

and

_____________________________________________(“client”)

INITIAL HERE


1. Interpretation

1.1 In this agreement, unless otherwise clearly indicated by, or inconsistent with, the context -

1.1.1 the words and expressions used in this agreement bear the same meaning as are assigned to them in the rules of the JSE (“the rules”);

1.1.2Intheeventofconflictbetweentherulesandtheprovisionsofthisagreementtheprovisionsoftherulesshallprevail;and

1.1.3 “clause” means a separate numbered provision of this Agreement.

1.2 The rules shall apply mutatis mutandis to this agreement as if incorporated herein.

2. Rules binding

Theclientbyhissignatureheretoacknowledgesandconfirmsthathehasreadandunderstoodandshallbeboundbytherules.

3. Appointment

(Delete clause which is not applicable)

3.1 Non-discretionary client agreement

The client appoints the member and the member accepts the appointment to trade in instruments listed by the JSE without discretion and only in response to an order from the client.

3.2 Discretionary client agreement

The client hereby appoints the member and the member accepts the appointment to trade with the client in the instruments listed by theJSEonadiscretionarybasisasdefinedintherulesorinresponsetoanorderfromtheclient,asthecasemaybe.

4. Conditions precedent

This agreement shall be of no force and effect until the client has been registered by the clearing house in terms of the rules and has, if clause 14.4 of this Agreement applies, paid the amount to be invested in terms of that clause.

5. Risk acknowledgement

The client acknowledges that he has read the Risk Disclosure Statement attached hereto as Annexure A and fully understands the contents thereof.

6. Obligations of member

6.1 The member –

6.1.1 shallendeavour,butshallnotbeobliged,toconfirmtotheclientthatanyinstructionhasbeenexecutedandshallnotbe responsible for any accidental delay or inaccuracy in the execution of the client’s instructions;

6.1.2 may report to the client in writing whenever a trade is done and such report shall include details of the exchange contract, the price, the number of exchange contracts, the time of the instruction to trade, the time at which the trade was done and whether the trade had the effect of opening, closing, increasing or decreasing a position, the fees and commission payable and other details relevant to the trade; and

6.1.3 shall maintain the trading and position records and report to the client as required by Rule 10.20, and shall take all reasonable steps to provide the client with any information that the client requires relating to the positions of the client.

6.2 In the case of a discretionary client agreement, the member warrants that he will manage the client’s investments in accordance with the investment objectives of the client referred to in clause 14.4.1 (3.2).

7. Margin and withdrawals from client’s account

7.1 The member is authorised to withdraw from the client’s account referred to in rule 11.40 such amounts as are required from time to time to settle any amounts due in the course of opening, closing or maintaining any positions on behalf of the client and to effect such other payments as are necessary in the operation of the client’s account.

7.2 In terms of rule 8.60.3.2 the client shall pay to the member an amount of additional margin equal to a factor of % of the initial margin kept by the clearing house. (Complete by inserting amount – insert 0% if not applicable)

INITIAL HERECLIENT REGISTRATION FORM 7INITIAL HERE

8. Trading capacity

The client hereby authorises the member to trade as –

Principal

Agent

Principal or agent

(indicate choice with x)

9. Trading limits

The member shall advise the client of all trading or position limits imposed upon him by his clearing member, if any, and of all limits imposed by the member on the client.

10. Telephone calls

Thepartiesacknowledgeandconfirmthattheyareconversantwiththeprovisionsofrule10.20.4relatingtothetaperecordingoftelephone calls that they shall be deemed irrevocably to have consented thereto.

11. Unsolicited calls

The client acknowledges that he or she is conversant with section 25 of the Act, set out in Schedule B of this Agreement.

12. Fees

12.1 Fees for services rendered shall be levied by the member in accordance with the rules and the client hereby undertakes to pay such amount on the due date for the payment thereof.

12.2 The member shall give the client 30 days written notice of any change in the fees contained in Annexure C to this agreement.

12.3 The member –

may

may not

(indicate choice with x)

charge a fee for any trade with the client when acting as principal.

13. Disclosure to third parties

Thememberundertakesnottodiscloseconfidentialinformationrelatingtotheclientexceptwheresuchdisclosureis-

13.1 made under compulsion of law or in terms of the rules;

13.2 in compliance with a duty to the public to disclose;

13.3 necessary to further the legitimate interests of the member; or

13.4 made with the consent of the client.

14. Client warranties

The client warrants that -

14.1 the information set out as regards him or her in the Client Registration Form and in this Agreement is in all respects true and correct;

14.2 he or she will keep the member informed of any changes in the information set out in the documents mentioned in clause 14.1;

14.3 he or she complies and will comply with all the requirements of the rules for acceptance as a client; and

14.4 in the case of a discretionary client agreement, that he or she–

14.4.1 has the investment objectives set out in Annexure D to this Agreement, as amended from time to time;

X

X


14.4.2 shall invest R within days of signature hereof, which shall constitute the investments made;

14.4.3 intends to make the investment available for a period of months, subject to clause 14.4.1, starting on 20.., after which the period will automatically be extended by the number of months as stipulated

above, subject to clause 19; (Complete 14.4.2 and 14.4.3)

14.4.4 is entitled at any time to require the payment of him or her of any funds in the name of the client which exceeds the investments referred to in clause 14.4.2

15. Breach by client

15.1 Time shall be of the essence for the performance by the client of any obligation under this agreement and the rules including, but not limited to, a breach of rule 11.50

15.2 The provisions of Rules 12.10 and 12.20 shall apply in case of any breach by the client of his or her obligations under this agreement.

16. Breach by member

16.1 Should the member fail to fulfil any obligation to the client in terms of this agreement the client shall immediately inform the executive officer of the details of such breach.

16.2 The provisions of rules 12.10 and 12.30 or 12.40, as the case may be, may be invoked in the case of any breach by the member of his or her obligations under this agreement.

17. Voluntary termination

A party shall be entitled to terminate this agreement by giving written notice to the other party in the manner provided in this Agreement, provided that such termination shall not -

17.1 affect the rights or obligations of the parties in terms of this agreement which may have arisen or are in existence at the date of such notice or at the date of termination of this agreement;

17.2 entitle the client to claim or withdraw from the account referred to in clause 7 any monies held to secure the obligations of the client, until such obligations have been settled.

18. Arbitration

Any dispute arising out of or in connection with this Agreement or the subject matter of this Agreement, shall be resolved by arbitration or mediation in terms of section 17 of the rules.

19. Law

19.1 This agreement shall be governed by, and construed in accordance with, the laws of the Republic of South Africa.

19.2 Subject to the provisions of clause 18, the parties submit to the jurisdiction of the South African courts.

20. Relaxation

20.1 No latitude, extension of time or other indulgence which may be given or allowed by a party to the other party in respect of the performance of any obligation under this agreement or the enforcement of any right arising from this agreement, and no single or partial exercise of any right by any party, shall under any circumstances be construed as an implied consent by such party or operate as a waiver or a novation of or otherwise affect the rights of any party under this agreement or prevent such party from enforcing strict and punctual compliance with each and every provision or term hereof.

20.2 The provisions of Rule 11.50 shall otherwise apply to any such relaxation or indulgence.

21. Variation

No addition or variation, consensual cancellation or novation of this agreement and no waiver of any right arising from this agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by both the parties or their duly authorised representatives: Provided that no such addition, variation, novation or waiver shall, except in the case of any additionorvariationtoAnnexuresCandD,beeffectedwithoutthepriorapprovaloftheexecutiveofficer.

22. Whole agreement

This Agreement, read with any approved occurrences referred to in clause 21, contains the entire agreement between the member and client and neither of them shall be bound by any undertakings, representations or warranties not recorded herein.


23. Notices and domicilia

23.1 The parties choose as their domicilia citandi et executandi their respective addresses set out in this clause for all purposes arising out of or in connection with this agreement at which addresses all processes, communications and notices arising out of or in connection with this agreement, its breach or termination may validly be served upon or delivered to the parties.

23.2 For the purposes of this agreement the respective addresses shall be as follows –

THE CLIENT Address:Telephone number:Facsimile:E-mail:

THE MEMBER Tribe Capital (Pty) LtdAddress: Suite M2, Block C, First Floor, Northlands Corner, c/o New Market & Witkoppen Road, Northriding, 2196Telephone number: 010 350 5400Facsimile: 086 606 1832E-mail: [email protected]

oratsuchotheraddress,notbeingapostofficeboxorposte restante, or number of which the party concerned may notify the other in terms of this agreement.

23.3 Any notice given in terms of this agreement shall, unless sent by electronic means, be in writing and shall be deemed, until the contrary is proved, to have been received -

23.3.1 at the time of delivery if delivered by hand during normal business hours at the addressee’s registered address;

23.3.2 by no later than the seventh day after the date of posting if posted by pre-paid registered post from an address within the Republic of South Africa to the addressee at the addressee’s registered address;

23.3.3 on proof of transmission if transmitted by telex, facsimile or electronic means.

23.4. Notwithstanding anything to the contrary contained in this agreement a communication actually received by one of the parties from another shall be adequate written notice or communication to such party.


FOR THE MEMBER

Thus done and signed at

on this the day of 20

(Signature of representative)

Who warrants that he is duly authorised to bind the member

Name of signatory Designation

As witness

FOR THE CLIENT

Thus done and signed at

on this the day of 20

(Signature of representative)

Who warrants that he is duly authorised to bind the client

Principle

Name of signatory Designation

As witness

INITIAL HERE 11CLIENT AGREEMENT

Risk Disclosure StatementThis risk disclosure statement is made pursuant to the rules. The risk of loss arising from trading in futures and options can be substantial. You should carefully consider whether such investments are suitable for you in the light of your circumstances and financialresources.Youshouldbeawareofthefollowingpoints-1. If the market moves against your position, you may, in a relatively short time, sustain more than a total loss of the funds placed

by way of margin or deposit with your member. You may be required to deposit a substantial additional sum, at short notice, to maintain your margin balances. If you do not maintain your margin balances your position may be closed out at a loss and you will beliableforanyresultingdeficit.

2. Undercertainmarketconditionsitmaybedifficultorimpossibletocloseoutaposition.Thismayoccur,forexample,wheretradingis suspended or restricted at times of rapid price movement.

3. Where permitted, placing a stop-loss order will not necessarily limit your losses to the intended amounts, for market conditions may make it impossible to execute such orders at the stipulated price.

4. A spread or straddle position may be as risky as a simple long or short position and can be more complex.5. Markets in futures and options can be highly volatile and investment in them carries a substantial risk of loss. The high degree

of “gearing” or “leverage” which is often obtainable in trading these contracts stems from the payment of what is a comparatively modest deposit or margin when compared with the overall contract value. As a result a relatively small market movement can, in addition to achieving substantial gains where the market moves in your favour, result in substantial losses which may exceed your original investment where there is an equally small movement against you.

6. When your member deals on your behalf, you should allow this only in contracts listed on the JSE. Should you deal in contracts not listed on the JSE, then you do so at your own increased risk.

7. Priortothecommencementoftrading,youshouldrequirefromyourmemberwrittenconfirmationofallcurrentcommissions,feesand other transaction charges for which you will be liable.

8. Members may also be dealers trading for their own account in the same markets as you, in which case their involvement could be contrary to your interests.

9. Youshouldcarefullyconsiderwhetheryourfinancialpositionpermitsyoutoparticipateinasyndicate.Areasofparticularconcernare - 9.1 charges for management, advisory and brokerage fees;

9.2 the performance record of the syndicate and for how long it has been operating; and

9.3 the credibility of management.

10.Yourmembershouldexplaintoyouthemeaningofvarioustermssetouthereinsothatyouarefullyawareoftheirsignificance.11. Your member is required to disclose and explain to you the terms of section 25 of the Financial Markets Control Act, 1989, in

respect of unsolicited calls. The wording of section 25 is set out in Annexure B.12.IfyouhaveanydoubtsorconcernsregardingtherisksintradingfinancialfuturesyoumaycontacttheJSEformoredetailed

information before signing this statement.This brief statement cannot disclose all risks of investment in financial futures and options. They are not suitable for many members of the public and you should carefully study such investments before you commit funds to them. They may also have tax consequences and on this you should consult your lawyer, accountant or other tax advisor.

Extracts from the Financial Markets Control Act, 1989

Section 1: “unsolicited call”inrelationtoenteringintoanagreementinrespectoflistedfinancialinstruments,meansapersonalvisitmadetosomeoneoranoral communication made to someone without an express or tacit invitation from such person, but excluding any personal visit ororalcommunicationmadetosomeoneonwhosebehalfthebusinessofbuyingandsellingoflistedfinancialinstrumentshaspreviouslybeencarriedonbythepersonwhomadethatpersonalvisitororalcommunication,astock-brokerasdefinedinsection1oftheStockExchangesControlAct,1985(ActNo.1of1985),amemberofafinancialexchange,orafinancialinstitutionreferredtoinparagraph(a),(b),(c),(d),(e),(f)or(h)ofthedefinitionof“financialinstitution”insection1oftheFinancialInstitutions(Investment of Funds) Act, 1984 (Act No 39 of 1984).

ANNEXURE A

ANNEXURE B

INITIAL HERE12 CLIENT REGISTRATION FORM

Section 25: “unsolicited call”1. Whenanagreementinrespectoflistedfinancialinstrumentsisenteredintointhecourseoforinconsequenceofanunsolicited

call,thepersoninrespectofwhomthecallwasmademaywithinfivedays,oranyotherprescribedperiod,afterthedateofentering into such agreement, terminate the agreement :-a) by notice in writing delivered to the person who made the unsolicited call, or sent to him by prepaid registered mail; and

b) by tendering the return of any goods delivered to him in terms of the agreement.

2. Theperiodoffivedaysoranyotherprescribedperiodcontemplatedinsubsection(1)shallbecalculatedwiththeexclusionoftheday upon which the agreement referred to in subsection (1) was entered into and of any Saturday, Sunday or public holiday.

3. When an agreement referred to in subsection (1) is terminated in accordance with subsection (1), the person who made the unsolicited call shall :-a) within ten days, or any other prescribed period, of the date upon which the notice of termination in question was so delivered or sent to him, return to the person in respect of whom the unsolicited call was made any money paid or other property transferred to him in terms of the said agreement; and

b) receive from the person in respect of whom the unsolicited call was made any goods delivered by him in terms of the said agreement and the return of which was tendered under subsection (1)(b).

Fees schedule for Single Stock Futures and ALSI (SAFEX EQUITY DERIVATIVES)The fees referred to in clause 12 of this Agreement, will be as follows:

BROKERAGE

points (ALSI 40 future), % of exposure (SSF) to EDI,

% of exposure (SSF) to market maker (exposure > R 50k).

% of exposure (SSF) to market maker (exposure < R 50k).

Minimum of R 100.00 per “SSF” trade.VAT 14% of brokerage

SAFEX BOOKING FEES R (ALSI 40 future), % of exposure (SSF) Penalties for nonpayment of Margin callsShould any margin calls not be paid before 12:00 on the day payment is due and Tribe Capital (Pty) Ltd is forced to fund the margin call on behalf of the client; the following fees will apply:

A penalty of 10% of the amount funded, plus interest at the prime rate plus 5% will be added to the amount owing, with a minimum charge of R500.00 per occurrence.

The above penalty and interest does not absolve the client from paying any outstanding margin calls due nor does it exempt the client from any obligations in terms of the agreement.

ANNEXURE C


Investment objectives of clientThe investment objectives of the client as envisaged in clause 14.4.1 of this Agreement shall be as follows:

NOTE:Any later amendments to Annexures C or D must be attached to this Agreement, properly signed and dated.

Fees schedule for Yield-X Currency Future ContractsThe fees referred to in clause 12 of this Agreement, will be as follows:

BROKERAGE R Per $1,000 exposure

VAT R Per $1,000 exposure

SAFEX ALLOCATION R Per $1,000 exposure

TOTAL R

Penalties for nonpayment of Margin callsShould any margin calls not be paid before 12:00 on the day payment is due and Tribe Capital (Pty) Ltd is forced to fund the margin call on behalf of the client; the following fees will apply:A penalty of 10% of the amount funded, plus interest at the prime rate plus 5% will be added to the amount owing, with a minimum charge of R500.00 per occurrence.The above penalty and interest does not absolve the client from paying any outstanding margin calls due nor does it exempt the client from any obligations in terms of the agreement.

Investment objectives of clientThe investment objectives of the client as envisaged in clause 14.4.1 of this Agreement shall be as follows:

NOTE:Any later amendments to Annexures B or C must be attached to this Agreement, properly signed and dated.

ANNEXURE D

ANNEXURE E

ANNEXURE F


Banking Details

Account Name:

Bank:

Account Number:

Branch:

Branch Code:

Signature of Client

Discretionary Managed PortfolioN.B. The client must initial all deletions and/or alterations and each page must be initialled by all signatories.

I / We the undersigned (Full names) trading in my/our own name or as: (“theclient”)requestandauthoriseTribeCapital(Pty)Ltd(“thefirm”)tooperateamanagedaccountasdefinedinRules2.10,5.170and12.70oftheJohannesburgStockExchange(“therules”)(copiesofwhichareavailable on request) for the client on the following terms:

1. Thefirmisauthorisedtopurchaseand/orsellstocks,sharesandfutures(“securities”)fortheclient’saccountand,tothisend,without prior consultation with the client, to conclude all or any such transactions for the purchase and/or the sale of the client’s securitiesandtoactgenerallyontheclient’sbehalfinconnectionwiththesesecuritiesasthefirmdeemstobeintheclient’sbestinterests and as may be required by this mandate.

2. 2.1Thefirmshalldepositfortheclient’saccountandintheclient’snamewithJSETrustees(Pty)Ltd(“JSETrustees”),allcashreceivedbythefirminrespectoforarisingfromtheoperationoftheclient’’accountwhichisnotpaidoverbythefirmtotheclientupon receipt of such cash.

2.2SubjecttothismandateandtotheapplicablerulesoftheJSE,thefirmisherebyauthorisedtowithdrawfromtheclient’saccount with JSE Trustees, such amounts as are required to pay for securities purchased on the client’s behalf and to effect such other payments as are necessary in the operation of the managed account.

3.3.1Thefirmshallholdtheclientinsafekeepingallsecuritiesarisingformtheoperationofthisaccountintermsofrules5.140oftherules. Such securities shall on written request be registered in the name of “the client” / Tribe Capital (Pty) Ltd Nominees.

3.2Thefirmisherebyauthorisedtowithdrawanysecuritiesheldintermsofparagraphaboveforthepurposesonly:-

3.2.1 of delivering the securities to the client or the client’s order

3.2.2 of dealing with the securities as may be required in operating the client’s account.

ANNEXURE G

ANNEXURE H


4. Any arrangement entered into in terms of this mandate shall not affect the client’s right at any time subject to the provision of rules 5.170,oftherulestorequirethepaymenttotheclientupontheclient’srequest,ofanycashheldbythefirmontheclient’sbehalforintheclient’snamewithJSETrustees,orforthedeliveryofanysecuritiesheldbythefirmontheclient’sbehalf.

5.

(Special arrangements as are required between the client and the broker which are not inconsistent with the terms above. It is expresslystipulatedforthebenefitoftheCommitteeoftheJohannesburgStockExchange(“TheCommittee”)thattheCommitteeshallbethefinalarbiterofanyinconsistencybetweenthismandateandthetermsofsuchspecialarrangements).

6. Theclientindemnifiesthefirmand/oranyofthefirm’smembersoremployeesactingwithinthecourseandscopeoftheiremploymentandholdsthefirmand/ortheaforesaidmembersoremployeesharmlessfromandagainstanyandallclaims,damages, liabilities, costs and expenses, including reasonable attorney’s fees on the attorney and own client scale. (“The claims”), which may be brought to the client by reason of the operation of the client’s account, unless the claims are attributable to fraud, bad faith,dishonestyorgrossnegligenceonthefirm’spartoronthepartofthefirm’smembersoremployees.

7. This mandate shall only be cancelled by notice in writing delivered by hand or sent by registered post by one party to the other party and such cancellation shall only become effective when such notice has been received by the other party, provided that any such notice which is sent by registered post shall be deemed, unless and until the contrary is proved, to have been received ten days after the date of posting.

Address: Telephone No (W)

(H)

Code: Fax / Cell No

I.D. Number / Registration Number

Signed at on 20

Signature of Client

Tribe Capital (Pty) Ltd hereby undertake: -

1. To carry out the terms of this mandate in accordance with the provision of the relevant and directives, including but not limited to rules 5.170 and 12.70 of the JSE and in accordance with any other rules, directives of the JSE which may now have or which may in the future have a bearing on the conduct of managed accounts.

2. Totrytoachievethebestresultspossiblewhicharecompatiblewiththeclient’sobjectivesbutthefirmcannotbeheldresponsibleor be liable for any losses which the client may sustain unless attributable to fraud, bad faith, or gross negligence on the part of the firm,orofitsemployees.

Signed at on 20

Signature of Broking Member

Account No. Department

SAFEX / UNEXCOR CODE


Non – Discretionary Managed Portfolio

N.B. The client must initial all deletions and/or alterations and each page must be initialed by all signatories.I / We the undersigned (Full names) _________________ trading in my/our own name or as: _________________ (“the client”) requestandauthoriseTribeCapital(Pty)Ltd(“thefirm”)tooperateamanagedaccountasdefinedinRules2.10,5.170and12.70ofthe Johannesburg Stock Exchange (“the rules”) (copies of which are available on request) for the client on the following terms:

2. Thefirmisauthorisedtopurchaseand/orsellstocks,sharesandfutures(“securities”)fortheclient’saccountand,tothisend,withprior consultation with the client, to conclude all or any such transactions for the purchase and/or the sale of the client’s securities andtoactgenerallyontheclient’sbehalfinconnectionwiththesesecuritiesasthefirmdeemstobeintheclient’sbestinterestsand as may be required by this mandate.

2. 2.3Thefirmshalldepositfortheclient’saccountandintheclient’snamewithJohannesburgStockExchangeTrustees(Pty)Ltd

(“JohannesburgStockExchangeTrustees”),allcashreceivedbythefirminrespectoforarisingfromtheoperationoftheclient’’accountwhichisnotpaidoverbythefirmtotheclientuponreceiptofsuchcash.

2.4SubjecttothismandateandtotheapplicablerulesoftheJohannesburgStockExchange,thefirmisherebyauthorisedtowithdrawfrom the client’s account with Johannesburg Stock Exchange Trustees, such amounts as are required to pay for securities purchased on the client’s behalf and to effect such other payments as are necessary in the operation of the managed account.

3.3.3Thefirmshallholdtheclientinsafekeepingallsecuritiesarisingformtheoperationofthisaccountintermsofrules5.140ofthe

rules. Such securities shall on written request be registered in the name of “the client” / Tribe Capital (Pty) Ltd.3.4Thefirmisherebyauthorisedtowithdrawanysecuritiesheldintermsofparagraphaboveforthepurposesonly:-

3.4.1 of delivering the securities to the client or the client’s order

3.4.2 of dealing with the securities as may be required in operating the client’s account.

5. Any arrangement entered into in terms of this mandate shall not affect the client’s right at any time subject to the provision of rules 5.170,oftherulestorequirethepaymenttotheclientupontheclient’srequest,ofanycashheldbythefirmontheclient’sbehalforintheclient’snamewithJohannesburgStockExchangeTrustees,orforthedeliveryofanysecuritiesheldbythefirmontheclient’sbehalf.

5.

(Special arrangements as are required between the client and the broker which are not inconsistent with the terms above. It is expressly stipulated for the benefit of the Committee of the Johannesburg Stock Exchange (“The Committee”) that the Committee shall be the final arbiter of any inconsistency between this mandate and the terms of such special arrangements).

8. Theclientindemnifiesthefirmand/oranyofthefirm’smembersoremployeesactingwithinthecourseandscopeoftheiremploymentandholdsthefirmand/ortheaforesaidmembersoremployeesharmlessfromandagainstanyandallclaims,damages, liabilities, costs and expenses, including reasonable attorney’s fees on the attorney and own client scale. (“The claims”), which may be brought to the client by reason of the operation of the client’s account, unless the claims are attributable to fraud, bad faith,dishonestyorgrossnegligenceonthefirm’spartoronthepartofthefirm’smembersoremployees.

9. This mandate shall only be cancelled by notice in writing delivered by hand or sent by registered post by one party to the other party and such cancellation shall only become effective when such notice has been received by the other party, provided that any such notice which is sent by registered post shall be deemed, unless and until the contrary is proved, to have been received ten days after the date of posting.

ANNEXURE I

MANDATE


Address: Telephone No (W)

(H)

Code: Fax / Cell No

I.D. Number / Registration Number

Signed at on 20

Signature of Client

Tribe Capital (Pty) Ltd hereby undertake: -

3. To carry out the terms of this mandate in accordance with the provision of the relevant and directives, including but not limited to rules 5.170 and 12.70 of the Johannesburg Stock Exchange and in accordance with any other rules, directives of the Johannesburg Stock Exchange which may now have or which may in the future have a bearing on the conduct of managed accounts.

4. Totrytoachievethebestresultspossiblewhicharecompatiblewiththeclient’sobjectivesbutthefirmcannotbeheldresponsibleor be liable for any losses which the client may sustain unless attributable to fraud, bad faith, or gross negligence on the part of the firm,orofitsemployees.

Signed at on 20

Signature of Broking Member

Account No. Department

SAFEX / UNEXCOR CODE

Call Account Mandate(Agreement with SCMB, who is the clearing member for Tribe Capital (Pty) Ltd.)

CLIENT’S DETAILS: (please choose one of the following)

INDIVIDUAL

Full Name:

I.D Number:

Physical Address:

Postal Address:

ANNEXURE J


Fax Number: Telephone Number:

E-mail Address:

Employer Name and address:

CORPORATE (companies and close corporations)[

Full Name:

I.D Number:

Physical Address:

Postal Address:


E-mail Address:


PARTNERSHIP / TRUST

Full Name:

I.D Number:

Physical Address:

Postal Address:


E-mail Address:


Full Signature

NON-CLEARING MEMBER DETAILS (or Authorised Representative)

Full Name: Tribe Capital (Pty) Ltd

Registration Number: 2003/023565/07

Physical Address: Suite M2, Block C, First Floor, Northlands Corner, c/o New Market & Witkoppen Road, Northriding, 2196

Postal Address: Postnet 136, Private Bag X51, Rivonia, 2128

Fax Number: 086 606 1832 Telephone Number: 010 350 5400

CLIENT’S CALL ACCOUNT DETAILS

Customer Number:

Call Future Account Number:


1. Scope of Mandate

1.1 I, the undersigned hereby request you, The Standard Bank of South Africa Limited, registration number 1962/000738/06 (“Std Clearing”) to open and operate a call account on my behalf, on the terms and conditions of this mandate (“the/this Mandate”) in respect of cash.

1.2 Std Clearing is a member of a the JSE Securities Exchange South Africa (“JSE”) as successor entity of the South African Futures Exchange.

2. Interpretation2.1 Unless otherwise stated or inconsistent with the context, words and expressions used in this Mandate will have the same meaning as are ascribed in this Mandate.

2.2ThepartiesagreethatiftheClient/Non-Clearingmembersisacorporateentity,allreferencesintheMandatetothefirstpersonshall be properly construed as references to such corporate entity.

2.3 This Mandate is and will remain subject to the rules of the JSE (previously the rules of SAFEX) (“the JSE Rules”) the Financial Markets control Act and all other laws, applicable from time to time.

3. Duration3.1 This Mandate is effective from (the “Effective Date”). Either party may end this Mandate by giving 30 days’ written notice to the other.

3.2 Subject to 5 of this Mandate, Std Clearing will transfer cash amounts to me or any other party I nominate in writing when such 30 day notice period expires, or as soon thereafter as is reasonably possible.

4. Non-Discretionary Mandate4.1 Subject to 5 of this Mandate, the discretion of Std Clearing to manage and operate my call account is restricted in that Std Clearing’s right to act on such account may only be exercised on:

4.1.1 the instruction of my authorised representative as set out in point 4 of the Clients’ / Non-Clearing Member details (the “Authorised Representative”). I warrant that this Authorised Representative is duly authorised and at the time of giving such instructions, will comply with all Applicable Laws.

4.1.2 I agree that Std Clearing will have full discretion and the right to effect any pledge and cession between Std Clearing and me and to exercise all the powers set out in clause 5 below.

5. Operation of Call Account5.1 Subject to 5.2 and 5.3 below, any interest accruing in respect of the cash amounts held in my call account will be paid out to myself.

5.2 Std Clearing may make use of the money in my call account to pay for any outstanding debt obligations I may have to Std Clearing with respect to transactions entered into by Std Clearing on my behalf with the JSE and any other payments strictly necessary under this Mandate.

5.3 I agree that the amounts held by Standard Bank Clearing in this call account are pledged to Standard Bank Clearing as security for all my existing, future and contingent liabilities arising from any trades entered into by myself or my Authorised Representative or arising in any other way subject to the conditions mentioned in this Mandate.

5.4 I further agree that the amount of my indebtedness to the bank at any time (including interest and the rate of interest) shall bedeterminedandprovedbyacertificatesignedbyanymanagerorbranchadministratorofthebank.Itshallnotbenecessarytoprovetheappointmentofthepersonsigninganysuchcertificate,andsuchcertificateshallbebindingonmeand,inabsenceof evidence to the contrary, proof of the amount of our indebtedness and shall be valid as a liquid document against us in any competent Court for the purpose of obtaining provisional sentence or summary or other judgement against us thereon.

6. Acknowledgements6.1 I acknowledge that I shall be bound by the Financial Markets Control Act and the JSE rules.

7. Notices7.1 Any notice given in terms of this Mandate by either me or Std Clearing will be in writing and deemed, unless the contrary is proved, to have been received:

7.1.1. on the date it was delivered by hand;

7.1.2. 14 days after posting;

7.1.3.onthedateshownonafaxtransmissionconfirmation.


8. Amendments8.1 All amendments to this Mandate must be in writing and signed on behalf of both parties.

9. Applicable Law9.1 This Mandate is governed by South African Law.

I, the undersigned, agree that I have read the terms and conditions of this Mandate and agree to be bound by them.

CLIENT

Signed at on 20

By: Client or Authorised Representativewho warrants that he is duly authorised

Witness

CLIENT

Signed at on 20

By: Witness

Herewith (full name of client) and (fullnameofTribeCapital(Pty)Ltdbroker)agreetotheprofitsharing.

Theagreedrateofprofitsharewillbe of total earnings of the portfolio.This is a performance fee that operates on a *high watermark principle and is calculated on an annual basis but deducted quarterly .

ProfitSharetobeallocatedonaQuarterlyBasisunlessotherwiseagreed.

Signed at on day of

month Year.

Client Signature

* Investopedia Says: High Watermark The highest peak in value that an investment fund/account has reached. The high watermark ensures that the manager does not get paid large sums for poor performance. So if the manager loses money over a period, he or she must get the fund above the high watermark before receiving a performance bonus. For example, say after reaching its peak a fund loses R100,000 in year one, and then makes R250,000 in year two. The manager therefore not only reached the high watermark but exceeded it by R150,000 (R250,000 - R100,000), which is the amount on which the manager gets paid the bonus.

ANNEXURE K

AGREEMENT ON PROFIT SHARE ALLOCATION

Documents

Tribe Mandate_JSE_2016.PDF