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BPI Wealth Portfolio Management Terms

The document outlines the terms and conditions for a Portfolio Management Account with BPI Wealth, detailing definitions, general rules, and the investment management agreement. It establishes the roles of the Investor and BPI Wealth, the nature of the agreement, and the powers and duties of the Investment Manager. The Investor retains legal title to the Fund, which is not guaranteed by the Philippine Deposit Insurance Corporation, and the document emphasizes that past performance does not guarantee future results.

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0% found this document useful (0 votes)
38 views17 pages

BPI Wealth Portfolio Management Terms

The document outlines the terms and conditions for a Portfolio Management Account with BPI Wealth, detailing definitions, general rules, and the investment management agreement. It establishes the roles of the Investor and BPI Wealth, the nature of the agreement, and the powers and duties of the Investment Manager. The Investor retains legal title to the Fund, which is not guaranteed by the Philippine Deposit Insurance Corporation, and the document emphasizes that past performance does not guarantee future results.

Uploaded by

litolleno974
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

PORTFOLIO MANAGEMENT ACCOUNT

TERMS AND CONDITIONS

Upon submission of the Portfolio Management Account application and processing thereof by BPI Wealth
– A Trust Corporation (“BPI Wealth”), the Investor hereby acknowledges and agrees that s/he is deemed
to have consented to and accepted all terms and conditions outlined herein.

PART I. DEFINITION OF TERMS AND GENERAL RULES OF CONSTRUCTION

A. DEFINITION OF TERMS

The following shall have the meaning indicated below unless the context otherwise requires:

• AGREEMENT refers to the Investment Management Agreement set out in Part II of this document.

• FUND shall collectively refer to and include the Initial Investment Amount, any and all additional
contributions made by the Investor, the Investment Securities in which said amount and
contributions are invested, the proceeds, interests, dividends, profits and income realized from the
management, investment and reinvestment thereof through the Investment Account.

• BPI refers to the Bank of the Philippine Islands.

• BSP refers to the Bangko Sentral ng Pilipinas.

• CHARGES shall pertain to fees, charges, costs, and expenses related to the Investor’s
transactions concerning the Fund and/or Investment Account.

• INITIAL INVESTMENT AMOUNT refers to the sum of money or amount specified by the Investor
upon submission of the Investment Account opening application to be invested in the investment
instrument selected by the Investor also upon submission of the said application.

INVESTMENT ACCOUNT means the Portfolio Management Account of the Investor or the
investment account number pertaining thereto which holds the Fund.

• INVESTMENT FUND refers to Unit Investment Trust Funds, Mutual Funds, or other collective
investment schemes.

• INVESTMENT MANAGER or BPI WEALTH pertains to BPI Asset Management and Trust
Corporation, doing business under the trade name and style of BPI Wealth – A Trust Corporation,
in its capacity as investment manager.

• INVESTMENT SECURITY(IES) shall refer to the financial instruments such as, but not limited to,
time deposits, fixed income instruments, shares of stock, investment funds, and other financial
instruments enumerated in Part II(C)(1) of this document and in which the Investor’s monies
contributed to the Investment Account are placed.

• INVESTOR refers to the accountholder/s named in the Investment Account, further classified as
follows:

BPI Wealth Portfolio Management Account Terms and Conditions 02012025 Page 1 of 17
o PRIMARY INVESTOR refers to the accountholder whose Client Suitability Assessment
shall be used as the bases by the Investment Manager in profiling the Investment Account.
The Primary Investor shall also be the one to whom correspondences related to the
account such as reports, product announcements, confirmation of transaction, and notices,
among others, shall be sent, unless the Investment Manager is otherwise instructed.

o CO-INVESTOR means a secondary accountholder or the individuals named in the account


other than the Primary Investor.

• MANAGEMENT FEE shall have the meaning set forth in Part II(F)(3).

• MF refers to Mutual Fund.

• NAV means Net Asset Value.

• NAVPS means Net Asset Value Per Share.

• NAVPU means Net Asset Value Per Unit.

• PARTY refers to either the Investor or BPI Wealth. PARTIES shall collectively refer to the Investor
and BPI Wealth.

• PDIC refers to the Philippine Deposit Insurance Corporation.

• SEC refers to the Securities and Exchange Commission.

• SETTLEMENT ACCOUNT means the BPI deposit account nominated by the Investor in which (i)
monies used to fund the Investment Account or investment orders in relation thereto shall be
sourced and (ii) those arising from investment transactions and/or earnings shall be credited.

• UITF refers to Unit Investment Trust Fund.

B. GENERAL RULES OF CONSTRUCTION

1. The headings in this document are incorporated merely for reference purposes and shall not in any way
limit the construction of the provisions herein.

2. Unless expressly stated or the context requires otherwise, singular words shall include the plural and
plural words are deemed to include the singular. Moreover, all references to the masculine gender shall
be deemed to include the feminine gender and vice-versa.

PART II. INVESTMENT MANAGEMENT AGREEMENT

By submitting the Investment Account opening application, the Investor is deemed to have expressed his
desire to avail of the services of and appoint BPI Wealth as his Investment Manager. Upon successful
opening of the Investment Account, BPI Wealth is deemed to have accepted such appointment subject to
the terms and conditions set forth herein.

BPI Wealth Portfolio Management Account Terms and Conditions 02012025 Page 2 of 17
For and in consideration of the foregoing and the mutual covenants hereunder, the Parties do hereby agree
as follows:

A. ESTABLISHMENT OF THE FUND

1. The Fund. Upon submission by the Investor of his Investment Account opening application, the
Investment Manager shall deduct the Initial Investment Amount from the Investor’s Settlement Account.
The Initial Investment Amount, as well as the Investment Securities in which said amount is invested, the
proceeds, interests, dividends, profits and income realized from the management, investment and
reinvestment thereof, shall constitute the managed funds and shall hereafter be referred to as the “Fund"
as defined in Part I (A) herein.

At his discretion, the Investor may deliver additional funds to the Investment Manager which shall form part
of the Fund and shall be subject to the terms and conditions of this Agreement. No formalities other than
an instruction from the Investor, whether in electronic or non-electronic form, successfully delivered to and
accepted by the Investment Manager will be required for any additional contribution to the Fund.

The Fund shall at no time be less than the minimum amount prescribed by regulations or internal policies
of BPI Wealth, except if the diminution is due to investment losses and/or management fees. It is the
responsibility of the Investor to ensure that the Fund shall at no time be less than the required minimum
amount prescribed by such regulations or internal policies of BPI Wealth as communicated by the
Investment Manager.

2. Additional or Separate Accounts. Should the Investor decide to establish additional and new
Investment Accounts (“Additional Investment Accounts”) under the same name, the Parties hereby agree
that the terms and conditions of this Agreement shall apply to each Additional Investment Account. The
Parties shall no longer execute a separate Agreement unless otherwise agreed.

3. Disposition of the Fund. Unless the Investor instructs otherwise, maturities, coupon, interest, dividends,
prepayment proceeds, consent fee, and other income shall be credited to the Settlement Account, net of
any applicable trust, management, and custody fee and other relevant charges. Any income of the Fund
not withdrawn shall be accumulated and added to the Fund for future investment or reinvestment.

4. Withdrawals. Subject to the availability of funds and the non-diminution of the Fund below the minimum
prescribed by regulations or BPI Wealth’s internal policies, the Investor may withdraw from the income or
principal of the Fund by written instruction to the Investment Manager, unless otherwise restricted by
another agreement or relevant document. Any income of the Fund not withdrawn shall remain therein or be
accumulated within the Fund for future investment or reinvestment. The Investment Manager shall have no
duty or liability beyond the duty to faithfully perform the instructions received by it from the Investor, or to
inquire as to the application of any amount so withdrawn from the Fund.

B. NATURE OF THE AGREEMENT

THIS AGREEMENT IS AN AGENCY AND NOT A TRUST ARRANGEMENT. THE INVESTOR SHALL AT
ALL TIMES RETAIN LEGAL TITLE TO THE FUND. IT IS FOR FINANCIAL RETURN AND FOR THE
APPRECIATION OF ASSETS OF THE FUND, BUT DOES NOT GUARANTEE A YIELD, RETURN OR
INCOME. AS SUCH, PAST PERFORMANCE OF THE ACCOUNT IS NOT A GUARANTY OF FUTURE
PERFORMANCE AND THE INCOME OF INVESTMENTS CAN FALL AS WELL AS RISE DEPENDING
ON PREVAILING MARKET CONDITIONS.

BPI Wealth Portfolio Management Account Terms and Conditions 02012025 Page 3 of 17
THIS AGREEMENT IS NOT COVERED BY THE PHILIPPINE DEPOSIT INSURANCE CORPORATION
(“PDIC”) AND LOSSES, IF ANY, SHALL BE FOR THE ACCOUNT OF THE INVESTOR. HOWEVER,
SAVINGS, SPECIAL SAVINGS AND TIME DEPOSITS TO WHICH THE FUNDS IN THE ACCOUNT HAVE
BEEN INVESTED ARE COVERED BY THE MAXIMUM PDIC DEPOSIT INSURANCE COVERAGE OF
P500,000.00 PER DEPOSITOR.

C. POWERS AND DUTIES OF THE INVESTMENT MANAGER

The Investment Manager, in managing the Fund and handling the Investment Account, shall have the
following powers and authorities, which shall be exercised in accordance with sound investment principles
and subject to compliance with the relevant laws, regulations, and requirements of the BSP:

1. To invest and reinvest the principal and income of the Fund as a single fund without distinction
between principal and income, in any property, real or personal, or part interest therein, wherever
situated. Investments and reinvestments may include, but need not be limited to, common and
preferred stocks, personal, corporate governmental obligations, trust and participation certificates,
leaseholds, mortgages and other interests in realty, time or savings deposits payable on demand or
for a fixed term or otherwise, broker’s acceptances, discounting of receivables, direct/private
placements, money market instruments, bills, notes, bonds, commercial papers and other evidences
of indebtedness or ownership, secured or unsecured, contracts and investments or participation in
any unit investment trust funds and/or pooled funds and/or collective investment vehicles managed
by the Investment Manager and/or any of its affiliates;

2. To lend, invest and/or reinvest the Fund in any instruments, derivatives, structured notes, security
lending and other similar products and those issued or negotiated by any money market dealer or
financial intermediary or institution accredited by the Investment Manager or any of its unit investment
trust funds and/or pooled funds and/or collective investment vehicles managed by the Investment
Manager and/or any of its affiliates; time or savings deposits payable on demand, for a fixed term,
or otherwise, including those of or involving dealings with BPI, or any of their subsidiaries and
affiliates (the “BPI Group”). The Investment Manager can invest the Fund in direct term loans or
other instruments;

3. To keep such portion of the Fund in cash or cash balances in its possession in a savings account
with any bank including any member of the BPI Group;

4. To combine two (2) or more individual investment management accounts for the purpose of investing
in (a) government securities; (b) exchange-traded equities, fixed income securities and commercial
papers, provided that these securities/commercial papers are registered with the SEC; (c) securities
issued by banks incorporated in the Philippines except those issued through the trust units; or (d)
securities issued by other sovereigns that are exempt from registration under Section 9 (b) of the
Securities Regulation Code; Provided that the participation in each of these accounts in the
commingled account/s shall not be less than what the regulations and/or the internal policies of BPI
Wealth require, and provided that such commingling and the associated risks have been duly
disclosed to, and specifically agreed in writing, by the Investor;

5. To purchase or sell real or personal property, or part interest therein, or lend to, or otherwise deal or
transact business with, any of the member of the BPI Group;

BPI Wealth Portfolio Management Account Terms and Conditions 02012025 Page 4 of 17
6. To do any and all such acts as may be necessary in representing the Fund in any transaction affecting
or which may affect any security lodged in any depository, settlement and/or clearing institutions;

7. To avail of the services of acceptable third-party institutions and to use clearance systems and related
market infrastructures, for purposes of lodging, clearing settlement, and asset delivery requirements.
For these purposes, the Investment Manager shall ensure that it transacts with or engages only duly
licensed or accredited third-party institutions. The Investor hereby waives confidentiality and
authorizes BPI Wealth to disclose information regarding the Investment Account as may be required
by the government regulators and/or the aforementioned third parties;

8. In the event of default, the Investment Manager shall exercise powers necessary to collect any loan
or investment, including, but not limited to, the following:

a. to exchange any such mortgaged indebtedness or property for any other property, in the event
of foreclosure of any mortgaged indebtedness or any proceedings for the collection or realization
of any other proceedings;

b. to purchase such property at any foreclosure sale;

c. to retain property bought under foreclosure sale or taken over without foreclosure, for such
period of time as may be deemed proper; and

d. to delegate any or all its powers, discretionary or otherwise, subject to revocation, for the
purpose of collecting or realizing any investment held;

9. Provided that the transaction has been fully disclosed to, and specifically authorized in writing by, the
Investor prior to execution:

a. To lend, sell, transfer, or assign money or property to any of the departments, directors, officers,
stockholders or employees of the Investment Manager, or relatives within the first degree of
consanguinity or affinity, or the related interests of such directors, officers and stockholders or
to any corporation where the Investment Manager owns at least fifty percent (50%) of the
subscribed capital or voting stock in its own right, and not as trustee nor in a representative
capacity;

b. To purchase or acquire property or debt instruments from any of the departments, directors,
officers, stockholders or employees of the Investment Manager or relatives within the first
degree of consanguinity or affinity, or the related interests of such directors, officers and
stockholders or to any corporation where the Investment Manager owns at least fifty percent
(50%) of the subscribed capital or voting stock in its own right, and not as trustee nor in a
representative capacity;

c. To invest in equities of, or in securities underwritten by, the Investment Manager or a corporation
in which the Investment Manager owns at least fifty percent (50%) of the subscribed capital or
voting stock in its own right, and not as trustee nor in a representative capacity; and

d. To sell, transfer, assign or lend money or property from one trust, fiduciary or investment
management account to another trust, fiduciary or investment management account except
where the investment is any of the following:

BPI Wealth Portfolio Management Account Terms and Conditions 02012025 Page 5 of 17
i. Traditional deposit products of universal and commercial banks in the Philippines with long-
term credit rating of at least AA- or its equivalent by a third-party credit assessment agency
recognized by the BSP;

ii. Evidences of indebtedness of the Republic of the Philippines and of the BSP, and any other
evidences of indebtedness or obligations where the servicing and repayment of which are
fully guaranteed by the Republic of the Philippines or loans against such government
securities;

iii. Loans fully guaranteed by the Republic of the Philippines as to the payment of principal
and interest; and

iv. Tradable securities issued by the government of a foreign country or any supranational
entity with long-term credit rating of at least AA- or its equivalent by a third-party credit
assessment agency recognized by the BSP.

The disclosure required herein shall consist of the: (a) transactions to be entered into; (b) identities
of the parties involved in the transactions and their relationships (as may be applicable); (c) amount
involved; and (d) collateral securities, if any.

10. To sell, exchange, convey, transfer, or dispose of, and also to grant options with respect to any
property, whether real or personal, at any time held by the Investment Manager, by private contract
or by public auction, either for cash or upon credit;

11. To retain, manage, operate, repair, develop, preserve, improve, mortgage or lease, for any period,
any property held by the Investment Manager, either alone or by jointly with others; to modify, extend,
renew or otherwise adjust any or all the provisions of any such mortgage or lease; and to make
provisions for the amortization of the investment in or depreciation of the value of such property;

12. To compromise, compound, and settle any debt or obligation due to, or from, the Fund; to increase
or reduce the rate of interest thereon; and to extend or otherwise modify or to foreclose upon default
or otherwise enforce any such obligation;

13. To vote in person or by proxy on any stocks, bonds, or other securities held by the Investment
Manager; to exercise any option appurtenant to stocks, bonds, or other securities for the conversion
thereof into other stocks, bonds or securities, or to exercise any right to subscribe for additional
stocks, bonds, or other securities and to make any and all necessary payments therefore; to join in
or to dissent from, and to oppose, the reorganization, capitalization, consolidation, liquidation, sale
or merger of corporations or properties in which the Fund has interest;

14. To avail of instruments solely for the purpose of hedging risk exposures of the active investments of
the Fund, provided that these are specifically authorized in writing by the Investor;

15. To cause any investment held by the Investment Manager to be registered in, or transferred to, its
name, or in the name of its nominee as such; but the books and records of the Investment Manager
shall at all times show that all such investments are part of the Fund;

BPI Wealth Portfolio Management Account Terms and Conditions 02012025 Page 6 of 17
16. To pay out of the Fund all costs, expenses, and charges incurred in connection with the
administration, preservation, maintenance, and protection of the Fund or any part thereof;

17. To employ such accountants, counsels, brokers, appraisers, mortgage services, and agents, and to
pay their reasonable expenses and compensation out of the Fund;

18. To make, sign, execute, acknowledge and deliver any and all documents, agreements, loans and
credit documents and promissory notes, as well as to make, renewals, extensions and amendments
thereto, deeds or contracts pertinent to sales, leases, mortgages, pledges, assignments or other
dispositions, including waivers, releases or other instruments in writing necessary or proper for the
accomplishment of its powers herein; and

19. To do any and all acts, whether or not expressly authorized, which it may deem necessary, proper,
or advisable for the protection of the Fund, or for the proper exercise of its functions herein.

D. STANDARD OF PERFORMANCE/LIABILITY

The Investment Manager shall manage the Fund or property held by it as an Investment Manager and shall
exercise its powers or perform its duties under this Agreement with the skill, care, prudence and diligence
necessary under the circumstances then prevailing that a prudent man acting in like capacity and familiar
with such matters would exercise in the conduct of an enterprise of like character and with similar aims.

The Investment Manager shall not have any liability for the making, retention or sale of any
loan, investments or reinvestments of the Fund, for any mistake of judgment or any act taken or omitted in
good faith or for any loss or diminution in the value of the Fund, unless resulting from the Investment
Manager's fraud, willful default, or gross negligence.

In the absence of fraud, willful default, or gross negligence on the part of the Investment Manager or any
person acting in its behalf, the Investor hereby indemnifies and holds the Investment Manager free and
harmless from any and all liabilities, claims, and/or damages incurred by the Investment Manager arising
out of, or in connection with, any act done or performed or caused to be done or performed by the
Investment Manager, pursuant to the terms and conditions herein, to carry out the powers, duties and
purposes of the Agreement.

E. VALUATION, BOOKKEEPING AND REPORTING REQUIREMENTS

1. Valuation of the Fund. The Investment Manager shall determine the market value of the Fund or any
investment thereof on the basis of such quotation, evidence, data or information as the Investment
Manager may deem pertinent and reliable, in accordance with generally accepted accounting principles.

2. Books and Records. The Investment Manager shall keep and maintain books of accounts and other
accounting records of the Fund. The Investor shall have the right to examine or audit such records during
banking hours.

3. Reports/Disclosures. The Investment Manager shall prepare and make available to the Investor the
following reports:

i. Within twenty (20) calendar days following the end of each of calendar quarter, a schedule of
earning assets lodged in the Investment Account;

BPI Wealth Portfolio Management Account Terms and Conditions 02012025 Page 7 of 17
ii. Within twenty (20) calendar days after settlement of the transaction, a Confirmation of Transaction
for every instruction to buy or sell Investment Securities; and

iii. Such other reports as the Investment Manager may deem reasonable and necessary or as the law
and/or regulations may require.

Unless otherwise instructed, the Investment Manager is hereby authorized to deliver the foregoing reports
to the Primary Investor’s electronic mailing address.

Upon the lapse of forty-five (45) calendar days from receipt of said reports by the Investor without any
objection from the Investor, such reports shall be deemed to be correct and accurate, and the Investment
Manager shall forever be released and discharged as to all acts, transactions, items, matters and things
set forth in such reports.

4. Reporting Currency. Unless otherwise instructed, each Investment Account shall have a single reporting
currency which shall be the currency of the nominated Settlement Account.

F. TAXES, EXPENSES AND FEES

1. Taxes. All taxes, if any, shall be paid from the Fund and shall constitute a superior lien thereon. Payment
for other taxes, including but not limited to estate taxes, shall be the sole responsibility of the Investor and/or
his estate and shall be for his exclusive account.

It is understood that liability for present and future taxes as may be imposed by law or regulation including
assessments for deficiencies, penalties, surcharges, claims or cost for defense or counsel in appropriate
proceedings shall be for the account of the Investor. The Investment Manager, when applicable, shall pay
out or withhold from the Fund all taxes determined by the Investment Manager to be due, including penalties
and/or surcharges that may be charged or assessed by reason of or by virtue of any change in the law or
regulations or a change in the interpretation of the law or regulations. Except for fraud, evident bad faith or
gross negligence, the Investment Manager shall not be liable for any cost, claim, demand and damages
arising from or connected with its action of subjecting or exempting the Fund to taxes and other related
charges.

The Investment Manager recommends that the Investor obtains, and the latter shall be responsible for
obtaining, independent tax advice in connection with any investment of the Fund.

2. Expenses. The compensation of the Investment Manager and all other expenses incurred in the
performance of its duties, including reasonable compensation for services of counsel as necessary and
other expenses incident thereto, as well as all proper charges and disbursements in the management of
the Fund, shall be paid from the Fund and shall constitute a superior lien thereon.

3. Compensation. The Investment Manager shall be entitled to collect reasonable compensation


(“Management Fee”) for the services rendered hereunder, which shall be equal to:

i. The applicable Management Fee charged by the Investment Manager for any specific security,
which shall be communicated to the Investor prior to the purchase of the security. The applicable
Management Fee and the security shall be specified in a letter of instruction signed and submitted
by the Investor and duly accepted and signed by the Investment Manager; or

BPI Wealth Portfolio Management Account Terms and Conditions 02012025 Page 8 of 17
ii. In the absence of a letter of instruction specifying the applicable Management Fee for a specific
security and for any other assets in the Fund, a Management Fee of 0.35% per annum shall apply.

The Management Fee shall be:

i. Computed on a per annum basis;

ii. Accrued daily based on the daily net asset value of the portion of the Fund corresponding to the
security to which a specific Management Fee applies; and

iii. Paid quarterly out of the monies of the Fund or at any relevant payment schedule, in arrears, if the
Management Fee is to be deducted from interest or dividend payments arising from the Fund’s
securities.

The Investment Manager is hereby authorized to charge and debit the Management Fee from the Fund.

Any amendment to the Management Fees set forth in this section shall require the agreement of the Parties,
with the Investor authorizing the execution of any amended written document in accordance with the
signature requirements of the Investment Account.

G. TERM OF THE AGREEMENT

This Agreement shall take effect from the submission by the Investor of the Investment Account application,
subject to the processing procedures, policies, and schedules of BPI Wealth, until terminated by:

(a) the Investor:

(i) by withdrawing the Fund and closing the Investment Account; or

(ii) by removing the Investment Manager upon serving a thirty (30)-day prior written notice to
the Investment Manager;

(b) the Investment Manager:

(i) by resignation upon service of notice in writing;

(ii) should the Fund fall below the required minimum amount required by regulation or BPI
Wealth’s policy and the Investor fails to bring the Fund to such required minimum amount
within ninety (90) calendar days from receipt of notice from the Investment Manager as
regards the Investment Account’s non-compliance therewith;

(iii) when the Investor commits a breach of this Agreement, or where the Investor poses a
security threat, provides any information that is untrue, inaccurate, not current or
incomplete, or fails to submit any requisite document for Investment Account maintenance;
or

(iv) when the Investment Account, in the opinion of the Investment Manager, is being used or
suspected to be used for fraudulent, criminal or unlawful activities.

BPI Wealth Portfolio Management Account Terms and Conditions 02012025 Page 9 of 17
In any of the cases enumerated under item (b)(iii) and (iv) above, the Investment Manager may, prior to
termination, also suspend the current or future use of the investment account in whole or in part including
refusing to credit any settlement account for any income from the Fund.

Upon termination, the Investment Manager shall prepare an ending valuation of the Fund, similar to that
specified in Part III(E) and which shall be deemed approved by the Investor upon the lapse of forty-five (45)
calendar days from receipt. The Investment Manager shall assign, transfer and pay over to the Investor, all
cash, securities and other property in its hands pertaining to the Fund, less the amount constituting fees,
charges and expenses, as well as taxes payable from the Fund. Thereafter, the Investment Manager shall
be deemed fully discharged as to all acts during its term.

The Investor hereby represents and agrees to assume full responsibility for the closure of the account, other
than if such closure is due to the willful or fraudulent act or gross negligence of the Investment Manager.
The Investor hereby discharges, releases and holds harmless against any claims, charges, expenses,
liabilities or judgment the Investment Manager and/or its stockholders, directors, officers, employees and/or
its representatives from any and all possible liabilities now or in the future arising from or in connection with
the opening, maintenance and closure of the account, management of the Fund, and/or performance by
the Investment Manager.

H. DATA PRIVACY AND CONFIDENTIALITY

1. Data Privacy. The Investor agrees that in the course of providing the services contemplated under this
Agreement, the Investment Manager will be collecting information (including personal information) relating
to the Investor, such as name/s, deposit and investment account number/s, financial information, tax
identification number/s (TIN/s), identification documents, and will also be providing/submitting a copy of
relevant account opening and/or transactional documents to counterparties, underwriters, the registrar, and
the paying agent of the Investment Securities, as applicable.

The Investor acknowledges to have read and understood BPI Wealth’s Data Privacy Statement posted at
[Link] The Investor hereby
confirms their ability to regularly access the internet and review BPI Wealth’s Data Privacy Statement,
including subsequent amendments thereto.

The Investor agrees that BPI Wealth and/or its agents may process, obtain, collect, record, organize, store,
update, modify, use, access, share and/or disclose information relating to the Investor as described in said
Data Privacy Statement and such information will be retained for as long as necessary for the fulfillment of
the services stipulated in this Agreement. The consent given herein is deemed to be the consent required
under the confidentiality and data privacy laws in the Philippines or in other jurisdictions.

2. Confidentiality. The Investor hereby waives confidentiality in the event the Investment Manager shall be
required by government regulators to disclose information regarding the Fund, this Agreement and
the Settlement Account.

The Investor agrees that the Investment Manager, being a subsidiary of BPI, has the option but not the
obligation to rely on the Investors’ customer information provided to BPI in relation to the Investor’s account
opening, maintenance and transaction requirements, and the Investor agrees to notify or update BPI and
the Investment Manager of any change in their customer information supplied.

BPI Wealth Portfolio Management Account Terms and Conditions 02012025 Page 10 of 17
The Investor hereby releases Investment Manager, its stockholders, directors, officers, employees, and/or
agents from any liability that may arise from such disclosure.

The Investor further authorizes and appoints their designated BPI Relationship Manager and/or
referring/servicing BPI Branch Manager to request, demand, and receive reports relating to the Investment
Account. Conversely, the Investor hereby authorizes and allows the Investment Manager to accept, rely
and act on the foregoing appointment and authorization, and to disclose and release the reports to the
designated BPI Relationship Manager and/or referring/servicing BPI Branch Manager.

For the foregoing purposes, the Investor hereby expressly gives their consent or authorization required by,
and/or waive his right of confidentiality under existing laws, including but not limited to, Republic Act (“RA”)
No. 1405 (Secrecy of Bank Deposits) and RA No. 8791 (General Banking Law of 2000), and the relevant
BSP regulations, as amended in each case. The consent, authorization, and waiver given herein is deemed
to be the consent, authorization, and waiver required under the laws in the Philippines.

I. GENERAL PROVISIONS

1. Performance Bond. The Investment Manager shall not be required to give any bond or other security
for the faithful performance of its duties herein.

2. Risk and Investment-Related Disclosures. The Investor hereby acknowledges awareness of the risks
associated with investing and relevant transactions, and that he has read and understood the Risk
Disclosure Statement posted at [Link] which is deemed
incorporated to this Agreement. The Investor hereby confirms their ability to regularly access the internet
and review BPI Wealth’s Risk Disclosure Statement, including subsequent amendments thereto.

3. Communications and Notice Requirements. Any change in address or communication details by a


Party shall be effective upon fifteen (15) calendar days from receipt of notice by the other Party.

All communications, and notices from the Investment Manager shall be in writing and sent to the Primary
Investor’s contact information, as nominated and confirmed by the Investor upon submission of the
Investment Account application, unless a different mailing address, e-mail address, or other contact
information is nominated through a separate letter of instruction. To the extent possible, all communication
and correspondences shall be sent electronically through the said contact information.

All communications and notices from the Investment Manager shall be deemed to have been duly received
by the Investor on the earliest of:

(a) The date of receipt if delivered personally;

(b) The date that is ten (10) business days after the date of posting, if transmitted by mail, or five (5)
business days after delivery to the courier; or

(c) The date of sending or transmission, if transmitted by facsimile, mail or other mode of electronic
transmission; or whichever shall first occur as applicable.

It is further agreed that all communications sent to the Investor shall be conclusive as to their correctness
in the absence of any written objection received by the Investment Manager within twenty-four (24) hours
from receipt thereof.

BPI Wealth Portfolio Management Account Terms and Conditions 02012025 Page 11 of 17
The Investor understands and agrees that electronic transmission of any document or communication
cannot be guaranteed to be secure or free from any virus or error. Likewise, there is no guarantee that
a document or attachment that is electronically transmitted could not be intercepted, corrupted, lost,
destroyed, delayed, incomplete or adversely affected or unsafe to use. The Investor confirms full
acceptance of these risks and authorizes the use of electronic communications with the Investment
Manager. The Investment Manager will have no liability whatsoever to the Investor on any basis in respect
of any error, damage, loss or omission arising from the interception, corruption, loss, destruction, late
or incomplete arrival of the document or communication.

4. Electronic Signature. The Investor authorizes the Investment Manager to accept, rely upon, and act
on, documents signed by the Investor electronically, pursuant to Republic Act No. 8792 (Electronic
Commerce Act of 2000) and other similar laws or regulations. The Investor agrees that his electronic
signature shall constitute an original for all purposes and shall have the same legally binding force and
effect as his handwritten signature.

5. Sending and Form of Instructions. The Investor may instruct, send or give orders or directions to the
Investment Manager, whether original written instructions, oral or otherwise, through submission of a written
document/instructions, or via telephone, facsimile, electronic mail or through any means or medium.

The Investor hereby authorizes the Investment Manager to accept, rely upon, and act on such instructions
it receives from the Investor relative to the Fund or the Investment Account using the official email
addresses and contact details registered with the Investment Manager, its parent or its affiliates in
accordance with the Investment Manager’s established operating policies and procedures. The Investor
hereby expressly confirms that the Investment Manager may use or otherwise install voice recording
procedures in communicating with or when taking instructions. Any such voice record will
constitute conclusive evidence of the instructions or communications so recorded.

The Investor agrees to hold the Investment Manager, free and harmless and indemnified from and
against any and all liabilities, demands, actions, costs, expenses, damages, claims, losses or dispute
of whatever nature or description, which may be suffered or incurred by the Investment Manager, pursuant
to, arising from, or in connection with the acceptance of, acting upon, any
such instructions, whether or not in fact given by the Investor, and implementation of such instructions. The
Investor shall defend the rights and interests of the Investment Manager in any and all causes of action,
claims, and demands including substitution of the Investment Manager as defendant or plaintiff in any case
or proceedings pursuant to, arising from, or in connection with, the acceptance of, or acting upon, any such
instructions. The Investor’s indemnity obligation hereunder with respect to acts performed by
the Investment Manager in accordance with the Instructions shall survive the termination or revocation of
this authorization or this Agreement.

6. Signature Requirements. Subject to the signature requirement prescribed by the Investor/s for the
Investment Account and except if the Investment Account has a sole named Investor who is understood to
be the sole authorized signatory thereof, the signature requirements shall be as follows:

(a) For joint (“AND”) accounts, any authority, withdrawal or instruction shall be by the Investors’ joint
signatures.

(b) For solidary (“OR”) accounts, any authority, withdrawal or instruction shall be by any of the
Investors’ signatures; provided that, in case of conflict among two or more Investors, the Investment

BPI Wealth Portfolio Management Account Terms and Conditions 02012025 Page 12 of 17
Manager is hereby authorized to suspend any activity on the Fund until the Investment Manager
receives a valid order of the court authorizing release of the Fund to the designated Investor.

In either item (a) or (b), each Investor declares, for each transaction and instruction, and under the penalties
of perjury, that the other Investor/s in the Investment Account is or are still living. Each Investor also declares
that this Agreement, and each transaction and instruction, is made with the full knowledge and consent of
the other Investor/s.

Notwithstanding the foregoing and except as otherwise provided elsewhere in this Agreement, the Investors
explicitly understand that any authority or instruction resulting in an amendment of the Investment Account
information such as, but not limited to, change in the Investment Account name, Settlement Account, or
signature requirements, shall require the conformity and signatures of all the Investors.

For the avoidance of doubt, each Investor explicitly understands that the signature requirements of the
Investment Account shall not automatically follow or be necessarily similar with the signature requirements
of the Settlement Account. It is understood and agreed that BPI Wealth shall at all times follow the signature
requirements of only the Investment Account.

The Investor hereby confirms that the Investment Manager shall be fully protected in acting in accordance
with any of the directions or instructions duly signed by the Investor/s in accordance with the above
signature requirements.

7. Settlement Account. Every Investment Account shall have a designated current or savings account of
the same currency as the Investment Account’s currency, from which the amount of the contribution to be
made shall be debited and the proceeds of redemption shall be credited, unless BPI Wealth is otherwise
instructed by the Investor. The Settlement Account may be opened with BPI and shall be owned by, and in
the name of, at least one of the Investors of the Investment Account.

Each Investor hereby represents and warrants that all the named accountholders of the Settlement Account
are aware of, and have consented to, the nomination of the said current or savings account as the
Settlement Account. The Investor acknowledges understands, accepts, and is fully aware of, the risks
involved in, and the consequences and implications of, nominating the Settlement Account (which may not
necessarily bear the same accountholders as the Investment Account and where the Initial Investment
Amount and additional contributions shall be debited and where all proceeds from withdrawals/redemptions
will be credited), such as but not limited to those arising from, or in connection with, the nature, features,
and operational aspects of maintaining and operating joint deposit accounts.

As and when necessary, required or applicable for the above purposes, the Investor hereby waives all his
rights under existing privacy and confidentiality laws on bank deposits, more particularly the Settlement
Account, insofar as the operation and management of the Investment Account is concerned.

Each Investor agrees to hold the Investment Manager free and harmless and indemnified from and against
any and all liabilities, demands, actions, costs, expenses, damages, claims, losses or dispute of whatever
nature or description, brought by any person, group, entity, or third party, such as but not limited to the
account holders of the Settlement Account, their heirs, successors and assignees, which may be suffered
or incurred by the Investment Manager, pursuant to, arising from, or in connection with, any instructions
relating to the Settlement Account with respect to the Investment Account transactions, or the designation
and/or operation of the deposit account as Settlement Account.

BPI Wealth Portfolio Management Account Terms and Conditions 02012025 Page 13 of 17
8. Investment Account Risk Profile. In case of two or more individual accountholders, the risk profile of
the Primary Investor, as supported by relevant documents signed solely by the Primary Investor, shall be
the basis of the applicable profiling and financial planning discipline for the Investment Account and shall
be binding on all the other Co-Investors.

9. Amendment/Addendum to the Agreement. Unless otherwise stipulated by separate agreement, the


Parties reserve the right to amend and/or alter the terms hereunder by mutual agreement and in
writing. Any change in law or regulation which shall have the effect of rendering any provision hereunder
void or unenforceable shall also have the effect of amendment to this Agreement without need for execution
of any new agreement; provided that, in the event that such changes impose any additional obligation or
waiver of rights on or by either Party, the Parties shall mutually agree to an amendment in good faith.

10. Assignment. Neither this Agreement nor any right or obligation hereunder shall be assigned or
transferred in whole or in part by any Party without the prior written consent of the other Party. This
Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors
and permitted assigns.

11. Construction/Enforcement of Agreement. This Agreement shall be administered, construed and


enforced in accordance with the laws of the Republic of the Philippines and no suit for enforcement hereof
shall be brought except in the proper courts of Makati City, Metro Manila. The nullity of any of the provisions
herein shall not affect the validity of the rest of the Agreement.

12. Cooling-Off Period (Only for Individual Principal). The Investor is entitled to a cooling-off period of
three (3) business days immediately following the submission of any agreement, subject to the conditions
provided in the Manual of Regulations for Non-Bank Financial Institutions, as amended, (the “Cooling-Off
Period”). The Investor may be permitted to cancel the agreement or instruction without penalty upon prior
written notice during the Cooling-Off Period. The Investor understands that such cancellation may result in
a gain or loss depending on the prevailing market price, which shall be for his own account. Any reasonable
amount of processing and administrative fees, as well as transactional costs and expenses incurred, shall
be for the Investor’s own account.

13. Client Complaints. The Investment Manager is supervised and regulated by the BSP, with website at
[Link] For inquiries and concerns relating to the services and products of the Investment
Manager, the Investor may send an email to bpiwealth@[Link].

14. Accuracy of Information. The Investor hereby attests to the accuracy and veracity of the information
he has provided the Investment Manager by proceeding to submit his Investment Account application and
accepting the terms and conditions set forth in this document. The Investor understands that any false
statement/information herein may be ground for disapproval or immediate closure of his Investment
Account.

PART III. INVESTMENT-RELATED DISCLOSURES

A. TIME DEPOSIT (TD) PLACEMENTS

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• The time deposit rates presented during any day are merely indicative and may change without
prior notice. The Investor understands that the Initial Investment Amount will be placed in the
selected time deposit at the rate prevailing during BPI Wealth’s execution of the Investor’s
instructions. In case the tenor selected by the Investor is unavailable, BPI Wealth is hereby
authorized to invest the Initial Investment Amount in the time deposit of the same issuer and of the
nearest available tenor, not to exceed five (5) calendar day difference.

• Unless BPI Wealth receives a written instruction stating otherwise, the maturity proceeds from time
deposit placements shall be automatically credited to the Settlement Account, net of any applicable
management fee and other relevant charges.

2. PRIMARY AND SECONDARY MARKET TRANSACTIONS

• The Investor hereby agrees and authorizes BPI Wealth to execute the instructions to invest the
Initial Investment Amount in the primary or secondary market Investment Security(ies) specified in
the Investment Account application.

• For primary issuances, the Investor understands that the order amount is subject to the allocation
approved by the issuer, underwriter, and/or selling agent of the selected Investment Security. In this
regard, the Investor acknowledges the possibility that approved allocation may be lower than his
order amount or that he may not be granted allocation at all.

• For instructions to invest the Initial Investment Amount in a security from the secondary market, the
Investor understands that such security will be purchased at the rate and price prevailing in the
market at the time of BPI Wealth’s execution of the Investor’s instructions. In relation to this, the
Investor understands that the availability of the securities in the secondary market and their prices
presented during the submission of the Investment Account application are merely indicative and
may change without prior notice; and that the rate and price of such securities between submission
of the Investment Account application and actual purchase of the same may not be the same.
Relatedly, the actual settlement amount may likewise be different from the indicative settlement
amount or the Initial Investment Amount. The final price or rate applied, the settlement amount, and
other relevant information regarding the transaction shall be reflected in the Confirmation of
Transaction that will be provided to the Investor. Should the actual settlement amount be less than
the Initial Investment Amount, the excess or difference shall be credited back to the Settlement
Account. All transaction-related fees, charges, costs, and expenses (collectively, “Charges”) shall
be imputed in the utilization of the Initial Investment Amount. Lastly, it is possible that the transaction
may not proceed in case, among others, the selected Investment Security is no longer available
upon BPI Wealth’s execution of the Investor’s instructions.

• The Investor affirms that he has read and understood the prospectus of the selected Investment
Security. He agrees that the Investment Security issuance complies with all the requirements of the
National Internal Revenue Code, as amended, and other applicable laws and regulations. Further,
the Investment Security(ies) may be purchased from BPI, BPI Capital Corporation, a wholly-owned
subsidiary of BPI, as well as from other selling agents. The Investor was informed, made aware,
and recognizes that BPI, BPI Capital Corporation, and BPI Wealth, as his Investment Manager, are
related parties.

• BPI Wealth is hereby authorized to receive, on behalf of the Investor, notices and communications
from the registry, depository, other capital market operators (as may be applicable), and/or the

BPI Wealth Portfolio Management Account Terms and Conditions 02012025 Page 15 of 17
issuer of the selected fixed income Investment Security. This instruction is valid until the maturity
of the selected Investment Security(ies) unless BPI Wealth receives a written instruction from the
Investor to pre-terminate, liquidate, or sell the same.

3. INVESTMENT FUNDS

• Investment of any portion of the Fund in any of the BPI Wealth-managed UITFs is explicitly
understood to be subject to the terms and conditions of the respective Plan Rules of each UITF
and the provisions of the Participating Trust Agreement (“PTA”) which is available at
[Link]/wealth/assetandwealth. Investments in any BPI Wealth-managed UITFs coursed
through the Investment Account shall not be charged any management fee as these UITFs are
already subject to their built-in trust fees, as provided for in their Plan Rules or any other related
published documents.

• The Investor is hereby informed that ALFM, Philam, and PAMI Mutual Funds are fully managed by
BPI Wealth and are principally distributed by BPI Investments, Inc. The Investor confirms BPI
Wealth’s authorization to invest in any or all of the mutual funds as he may have instructed upon
submission of the Investment Account application. It is understood that the management fee stated
in any letter of instruction or equivalent document to be applicable for these Mutual Funds is on top
of these Mutual Funds’ built-in management fees, as stated in their registration statements and
prospectuses.

4. DELIVERY AND SETTLEMENT

• BPI Wealth is hereby authorized (i) to implement the investment and settlement instruction/s
specified by the Investor; and (ii) to adopt a channel to effect the aforesaid instruction/s, which
includes enrollment of the nominated Settlement Account in, and use of a cash management
facility(ies), as may be necessary and appropriate.

• The Investor understands and agrees that BPI Wealth is not obligated to credit Investment
Security(ies) in his Investment Account prior to receipt of such securities through standard
settlement procedures. Furthermore, the Investor recognizes that he bears the settlement and
delivery risks associated with the purchase or sale of Investment Security(ies) through
brokers/dealers/banks and opportunity losses arising from non-delivery of those securities. The
Investor further understands and agrees that BPI Wealth is not obligated to cause the crediting of
the nominated Settlement Account for monies, sales proceeds, interest payments, or any income
from securities before receipt of payment in cleared funds.

5. OTHER ATTESTATIONS

• The Investor hereby directs BPI Wealth to carry out all the necessary actions to process his
Investment Account application and implement his instructions pertaining thereto.

• The execution by BPI Wealth of the Investor’s instructions is not in any way a confirmation,
endorsement, nor recommendation from BPI Wealth that his intended transaction or selected
Investment Security is suitable for him. Further, BPI Wealth does not make any representation or
warranty as regards the issuer of the Investment Security or the Investment Security itself.

BPI Wealth Portfolio Management Account Terms and Conditions 02012025 Page 16 of 17
• The Investor acknowledges and confirms that the instructions and associated transaction he has
decided to make is being made at his own volition and that with all the information provided and
disclosed to him by BPI Wealth, the Investor has decided to proceed with the same. The Investor
confirms that he has assessed, fully understood, and hereby assumes the risks associated with his
instructions to purchase the Investment Security(ies) specified in the Investment Account
application, and that he has read and fully understood the Risk Disclosure Statement which was
made available to him upon submission of the Investment Account application. The Risk Disclosure
Statement, as well as any subsequent amendments thereto, is likewise posted on BPI Wealth’s
website.

• The Investor confirms that before deciding to invest, he has read terms and conditions set forth in
this document, understood the merits and risks of investing in the selected Investment Security,
and considered the relevance of diversification in managing his investment portfolio.

• It is understood that all Charges shall be for the account of the Investor and shall form part of the
transaction’s final settlement amount. The Investor shall hold BPI Wealth free and harmless from
any losses and tax consequences that may arise from the Investment Account application and
corresponding investment transaction, and such losses and/or taxes, if any, shall be for his account.

• The Investor agrees to indemnify and hold BPI Wealth, its directors, officers, employees, authorized
representatives, and agents, free and harmless from any and all claims, charges, expenses,
liabilities or judgment that may be rendered against BPI Wealth by reason of, in connection with,
or arising out of, the implementation of all the instructions, authorization, consent and waiver of the
Investor.

-nothing follows-

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