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efta-efta01435460DOJ Data Set 10CorrespondenceEFTA Document EFTA01435460
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EFTA DisclosureText extracted via OCR from the original document. May contain errors from the scanning process.
EFTA01435460
EFTA01435461
EFTA01435462
OPTIONS QUESTIONNAIRE
K DATA UPDATE
K NEW ACCOUNT
DATE COMPLETED
flvJflKy \ LI C
ACCOUNT NUMBER
ACCOUNT
NAME:
DATE ODD GIVEN/SENT
TO CLIENT
NOTE: Address on file with constituent documentation
ATTENTION CLIENT: PLEASE REVIEW AND/OR COMPLETE THE INFORMATION REQUESTED
BELOW PRIOR TO SIGNING AT THE BOTTOM OF
CUSTODIAN;
THIS PAGE.
NAME(S) OF INVESTMENT MANAGER, GENERAL PARTNER OR OTHER
THIRD PARTY AUTHORIZED TO ENTER ORDERS FOR THIS ACCOUNT:
FINANCIAL INFORMATION:
ASSETS UNDER
MANAGEMENT
OPTIONS INVESTMENT
EXPERIENCE
NAME
TYPE OF TRADING AUTHORIZATION:
K Limited
K Full
RELATIONSHIP
K <S50 MM
K $50 MM-$100 MM
fi, SIOOMMORGREATER
K 0-2 YRS
K 2-10 YRS
d 10 YRS OR MORE
OPTIONS TRADING-
FREQUENCY
AVERAGE SIZE OF OPTIONS
TRANSACTIONS
NAMEpft^L
RELATIONSHIP
TYPE OF TRADING AUTHORIZATION:
K Limited
'a Full
K SELDOM
K MODERATE
K ACTIVE
K <250 CONTRACTS
EFTA01435463
K 250-1000 CONTRACTS
K 1000+CONTRACTS
DOES THE INDIVIDUAL OR ENTITY THAT CONTROLS g] YES
THIS ACCOUNT HAVE THE POWER TO CONTROL ANY p-,
OTHER OPTION ACCOUNT WITH THE DB ENTITIES?
IF YES. PLEASE PROVIDE THE ACCOUNT(S):
\\4k2Q -1-tb>jer SojfflClZ.i^-TIZ\^
NO
K INVESTMENT HEDGE
91
INCOME
SPECULATION
HIGH RISK INCOME
INVESTMENT OBJECTIVES
PLEASE CHECK ALL APPUCABLE BOXES
es
TYPES OF OPTIONS REQUESTED
EQUITY
INDEX
REQUESTED OPTIONS TRADING STRATEGY (higher risk codes include strategies in
lower risk codes)
EXPERIENCE USING STRATEGY
CODES STRATEGY
OBJECTIVES
PROTECTIVE PUT BUYING
COVERED CALL WRITING
INVESTMENT HEDGE
INCOME/INVESTMENT HEDGE
K
• NONE
K MODERATE
K EXTENSIVE
A
SPECULATION
SPECULATION
SPECULATION
SPREADS
PUT/CALL BUYING
STRADDLE/COMBO BUYING
c
K NONE
K MODERATE
K EXTENSIVE
B
STRADDLE/COMBO WRITING
RATIO WRITING
UNCOVERED OPTIONS WRITING
SPECULATION/HIGH RISK INCOME
EFTA01435464
SPECULATION/HIGH RISK INCOME
SPECULATION/HIGH RISK INCOME
& EXTENSIVE
C'
o NONE
o MODERATE
CUSTOMER RISK ACKNOWLEDGMENT
We, the undersigned, understand that options transactions involve a high
degree of risk and offer no guarantee of gain or assurance against loss.
Accordingly,
we understand that prior to engaging in any option transaction, investors
should review their present financial situation and determine whether it is
advisable
to incur the risks of loss associated with that particular investment. We
also understand that investors should not buy an option unless they are able
to sustain
a total loss of the premium and transaction costs, that investors should not
sell (write) a covered call option unless they arc prepared to deliver the
underlying
security (or a security convertible, exchangeable, or exercisable into such
underlying security) upon the exercise of the option and that investors
should not
sell (write) a put option or an uncovered call option, especially an index
option, unless they are able to sustain a potentially unlimited loss.
Further, we
understand that we may not be able to close a position in the event that a
secondary market in the option ceases to exist or the listing exchange
restricts or
suspends trading in the option.
WE CERTIFY THAT THE FOREGOING CLIENDINFORMATION IS ACCURATE AND WE ARE AWARE
THAT THE INFORMATION IS RELIED
ON BY DBSI IN SERVICING THE ACCOUNT./WE ALSO ACKNOWLEDGE RECEIPT OF A
CURRENT COPY OF "CHARACTERISTICS AND
RISKS OF STANDARDIZED^OPTIONS" AND UNDERSTAND THE INFORMATION CONTAINED
THEREIN. FURTHER, WE HAVE READ,
UNDERSTAND AND AGREE '
ACCOUNT AGREEMENT.
TO BE BOUND BY THE TERMS AND PROVISIONS OF THE LISTED OPTIONS CLEARING AND
CUSTODY
SIGNATURE(S):
TITLE/CAPACITY;
APPROVALS (FOR INTERNAL USE ONLY)
I have reviewed all the foregoing information, it is accurate to the best of
my knowledge, and I believe that the types of options and options trading
strategies
EFTA01435465
requested are appropriate.
ACCOUNT EXECUTIVE (NAME):
SIGNATURE:
TYPES OF TRANSACTIONS FOR WHICH THE ACCOUNT IS APPROVED
I have reviewed the foregoing and have approved the account for the types of
options and options trading strategies:
K (1) AS REQUESTED ABOVE or
K (2) AS FOLLOWS:
TYPE OF OPTIONS
TYPE OF OPTIONS TRADING
STRATEGIES
o C*
o EQUITY
o FOREIGN o INDEX
CURRENCY
o DEBT
o A
o B
'if approved for Strategy C, Annual Income $,
REOISTEREDOPnONS PRINCIPAL (NAME):
K Income requirement waived based on the Financial Information provided
herein
DATS:
or
StONAIURfi:
STANDARD OPTIONS AGREEMENT
European-style option is an option that may be exerosed only cm a specified
exerase date (or expiration date) or during a spedfied time period before
the option
expires, and (iii) a capped option is an option that Is automaticaliy
exercised
prior to expiration if the marketplace on which the option trades determines
that the value of the underlying interest at a specified time has reached the
'cap price* for the option.
As a dient ('we' or *ouil) of Deutsche Bank Securities Inc. Cyou" or
'your*), we
hereby agree pursuant to this agreement (* Agreement*) that in connection
with any
transaction executed, handled or endorsed by you on our behalf for the
purchase
or sale of puts, calls, or other forms of options for our account(s):
1. We will be bound by the constitutions, rules, regulations, customs and by
laws of
The Options Clearing Corporation ('OCC'), the Financial Industry Regulatory
Authority, exchange markets and their respective dearing houses and we have
received, read and understand tite brochure entitled 'Characteristics and
Risks of
Standardized Options* (the 'Risk Documenf) induding, without limitation, the
purposes and risks associated with options, the secondary market in options
and
EFTA01435466
such rules regarding exercise and positions limits, and agree not to violate
such
limits either alone or acting in concert with others.
7. We hereby authorize you in your sole discretion and without prior
notification to
us, should you deem it necessary for your protection, to take such action,
including, without limitation, to buy, sell or sell short risk, puts,
calls, or other forms of options and/or to buy, sell, or sell short any part
(x all of the
underlying securities represented by options. We will reimburse any and all
expenses, induding, but not limited to reasonable attorneys' fees and
disbursements,
inoin'ed by you in connection with such transactions.
2. We agree to pay to you: brokerage and commission charges as agreed upon
between us and you, induding without limitation, ticket and execution
charges;
premiums on any option purchased by you on our behalf: any fees, fines, or
other
charges imposed by any exchange, clearing organization, governmental agency,
self-
regulatory organization, or any court of competent jurisdiction on any
account opened
or transaction executed for us; the amount of any trading loss that may
result
from transactions executed by you on our behalf; on your demand, any debt
balance owing with respect to our account(s), and interest on any such debit
balances
at the rates then charged by you. ti^ether with yorr costs and reasonable
attorneys' fees incurred in colleding any such debit balance; and any
applicable
taxes on any of the foregoing.
B. You are under no obligation to convey to us any information relating to
the
underlying securities covered by an option or any information relating to
options.
Any information, advice or notification in respect to any option or any
underlying
securities that you may give us shall not be construed as creating an implied
agreement or course of dealing between us and shall not impair tire
provisions of
this or any other agreement between us.
9. Absent the written designation of an agent to transact business on our
behalf
(power of attorney), we alone make trading decisbns relative to our
account( s);
however, unless we give specific instructions to the contrary, you may
exercise
discretion in the selection of the exchange or market for the execution of
options
tiaded on more than one exchange or market.
3. We represent and warrant that (i) options trading is suitable for us in
EFTA01435467
light of our
investment objectives, financial situation, needs, exp^ience and knowledge
(whether
directly or through our representatives and ad visors): (ii) we understand
and
acknowledge that options trading involves a high degree of risk (including
without limitation the risks described in the Risk Document); (iii) we
understand
that you are relying upon these representations and warranties and the
financial and
other information tirat we have provided or will provide to you; (iv) we are
aware
that on certain trading days, trading may cease with a resultant financial
disadvantage to itself; and (v) we are willing and able to cany and bear all
the
financial risks attendants options trading.
10. All monies, securities, or other property, together with, in each case,
all proceeds
of the sale thereof ("property*) represented by an entry on our account(s),
or
under your direction or any affiliate acting as your agent in connection with
this Agreement, are hereby pledged to you and shall be subject to a
continuing
first lien and first priority perfected securiy interest in your favor to
secure ail of our
obligations, indebtedness and liabilities to you (whether actual or
contingent). Except
as otherwise agreed by you, no part of the property shall be subject S, nor
shall
we create or purport to create thereover, any pledge, hypolhecation,
assignment or
any other form of security interest.
4. We agree to advise you promptly in writing of any material changes in our
investment objectives, financial situation, assumption of risk, and
background
information, or other information insofar as such changes relate to our
suitability
for options transactions.
11. We consent to your use of automated systems or service bureaus In
conjunction with our account(s), including automated order entry and
execution;
recordkeeping, reporting and risk management (collectivdy, 'Automated
Systems').
We understand that the use of Automated Systems entails risks, including,
but not
limited to, interruption of service, system or communications failure,
delays in
service, and errors in the design or functioning of such Automated Systems
(collectively, a 'System Failure') that could cause substantial damage,
expense or
liability to us. YOU AND YOUR AFFILIATES MAKE NO REPRESENTATION OR
EFTA01435468
WARRANTY OF AN Y KIND. EXPRESS OR IMPLIED, WITH RESPECT TO THE
SELECTION. DESIGN, FUNCTIONALITY, OPERATION. TITLE OR NON -
INFRINGEMENT OF ANY AUTOMATED SYSTEM. AND MAKE NO
EXPRESS OR IM PLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. TITLE AND/OR NON - INFRIN
GEMENT, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY WITH
RESPECT THERETO. WITHOUT LIMITING THE FOREGOING. YOU AND YOUR
AFFILIATES EXPRESSLY DISCLAIM ANY REPRESENTATION THAT ANY
AUTOMATED SYSTEM WILL OPERATE UNINTERRUPTED OR BE ERROR-
FREE.
5. In the event that we or our clearing broker dispute or deny knowledge of a
transaction, or if our clearing broker does not for any reason, accept a
transaction executed by you and transmitted to the clearing broker (through
the OCC
or otherwise), then you shall, at your option, be entitled to: (a) ctose out
the
transaction by such sale, purchase, disposal or other cancellation
transaction as
you may determine, whefoer on the market, by private contract or any other
appropriate method; (b) transfer our transactions to another clearing broker
as
instructed by us; or (c) clear our transaction in accordance wth your
standard
terms. We will be solely responsible for any fees or losses associated with
such
actions. Where practicable, you shall provide us with prior notice of such
actions. We
further understand that margin and other requirements exist in connection
with
certain options and options transactions. We also hereby authorize and
instruct you, on our behalf, to submit to the OCC, from time to time, as you
deem
appropriate or advisable. In your sole discretion. Instructions pursuant to
OCC Rule
611 to designate segregated long option positions held in your OCC customer
account for us to be released from segregation and netted with ourofbetting
short option position In the same option series.
12. Notwithstanding anything herein to the contrary, you shall have no
responsibility
or liability to us hereunder (i) in connection with the performance or non-
performance by any exchange, market, clearing organization, clearing firm or
other
third party (including banks) of its obligations in respect of any options
or other
proper^ of mine; (ii) as a result of any recommendation or adwce made or
given by a
representative of yours, whether or not made or given at our request;
6. We understand the style of an option refers generally to when tiiat
option is
exercisable, and that specifically, (i) an American-style option is an
option that may
EFTA01435469
be exercised on any regular business day prior to its expiration, (ii) a
AUG15
15. ANY DISPUTE ARISING OUT OF. REUTING TO OR IN CONNECTION
WITH OUR ACCOUNT, ANY TRANSACTION BETWEEN US OR THIS
AGREEMENT SHALL BE DETERMINED BY ARBITRATION. WE AND YOU
AGREE TO ABIDE BY THE FOLLOWING: (i) ARBITRATION IS FINAL AND
BINDING; (ii) THE PARTIES ARE WAIVING THEIR RIGHT TO SEEK
REMEDIES IN COURT. INCLUDING THE RIGHT TO A JURY TRIAL; (ill) PRE-
ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND
DIFFERENT FROM COURT PROCEEDINGS; (iv) THE ARBITRATORS'
AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL
REASONING AND ANY PARTY'S RIGHT TO APPEAL OR TO SEEK
MODIFICATION OF RULINGS BY THE ARBITRATORS IS STRICTLY LIMITED; AND
(v) THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A
MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE
SECURITIES INDUSTRY.
(Hi) as a result of your reliance upon any instnjctions, notices and
communications that you believe to be of an individual authorized to act on
our behalf; (iv) as a result of any delay in the performance or non-
performance of
any of your obligations hereunder directly or indirectly caused by t he
occurrence of any contingency beyond your control. Induding. but not
limited to, the unscheduled closure of an exchange, delays in the
transmissbn or communication of orders due to Systems Failures or failures of
transmissions or communication facilities, execution and/or trading systems,
including Automated Systems or other systems, government restrictions, market
movements, suspensions of trading, wars or strikes, it being understood that
you shall be excused from performance of its obligations hereunder for such
period of time as Is reasonably necessary after such occurrence to remedy the
effects therefrom; (v) as a result of any action taken by you or on your
behalf, or
your failure to act, if such action or Inaction is necessary to comply witft
any
rule or with applicable law; (vi) as a result of your selection, use,
monitoring or
operation of any Automated System, your failure to inform us of any System
Failure
or in taking action to prevent or correct any su(^ System Failure, or your
failure to
inform us of (a) any dedsion to use, not use or cease using any Automated
System,
(b) the characteristics, functions, design or purpose of any Automated
System, or (c)
any specific risks inherent in any Automated System; or (vii) for any acts or
omissions of those neither employed nor supervised by you. You shall not be
responsible for any loss, liability, damage, cost or expense except to the
extent
that such loss, liability, damage, cost or expense arises from your gross
neglgence or willful misconduct.
ANY ARBITRATION SHALL BE CONDUCTED IN NEW YORK AND ONLY
EFTA01435470
BEFORE A SELF-REGULATORY ORGANIZATION (SRO) OF WHICH YOU
ARE A MEMBER. WE HAVE THE RIGHT TO ELECT THE SRO. BUT IF WE FAIL
TO MAKE SUCH ELECTION BY CERTIFIED LEHER ADDRESSED TO YOU AT
YOUR MAIN OFFICE BEFORE THE EXPIRATION OF TEN DAYS AFTER RECEIPT
OF A WRIHEN REQUEST FROM YOU TO MAKE SUCH ELECTION THEN YOU
MAY MAKE SUCH ELECTION. NOTHING IN THIS AGREEMENT SHALL BE
CONSTRUED AS CONSENT BY YOU TO AN AWARD OF PUNITIVE DAMAGES.
THE AWARD OF THE ARBITRATORS. OR THE MAJORITY OF THEM. SHALL BE
FINAL, AND JUDGMENT UPON THE AWARD RENDERED MAY BE ENTERED IN
ANY COURT. STATE OR FEDERAL, HAVING JURISDICTION.
13. Whenever any law or regulation is adopted which affects or is
inconsistent
with any provision hereof, such provision shall be deemed modiHed or
superseded, as
the case may be, by such law or regulation, and such provisions as so
modified or
superseded and all other provisions hereof shall in all respects continue in
full
force and effect All other agreements existing between us or hereafter made
which, by their provisions, apply to any of our transactions and account(s)
with you,
shall be applicable to any of our options transactbns and account(s) where
they are
not in conflict with this Agreement. Should su(^ a conflict exist it shall
be resolved
in favor o f this Agreement. Otherwise, the provisions of each agreement
shall be
applicable.
NO PERSON SHALL BRING A PUTATIVE OR CERTIFIED CLASS ACTION TO
ARBITRATION. NOR SEEK TO ENFORCE ANY PRE-DISPUTE ARBITRATION
AGREEMENT AGAINST ANY PERSON WHO HAS INITIATED IN COURT A
• PUTATIVE CLASS ACTION. WHO IS A MEMBER OF A PUTATIVE CLASS
WHO HAS NOT OPTED OUT OF THE CUSS WITH RESPECT TO ANY
CUIMS ENC OMPASSED BY THE PUTATIVE CUSS ACTION UNTIL: (i) THE
CUSS CERTIFICATION IS DENIED; (ii) THE CUSS IS DECERTIFIED; OR (iii)
THE CUSTOMER IS EXCLUDED FROM THE CUSS BY THE COURT.
SUCH FORBEARANCE TO ENFORCE AN AGREEMENT TO ARBITRATE
SHALLNOTCONSTITUTE A WAIVER OF ANY RIGHTS UNDER THIS
AGREEMENT EXCEPT TO THE EXTENT STATED HEREIN.
14. This Agreement and Its enforcement shall be governed by the laws of the
State of New York, without respect to conflicts of laws principles, and its
provisions
shall be continuous; shall cover all options transactions hereunder, and ail
accounts which we may open with you. shall inure to your benefit and foe
benefit
of your successors and assigns, and shall be binding upon us and our
successors
and assigns, but no assignment shall release u s from any of our obligations
hereunder. The exclusive venue for commencing litigation relating to this
Agreement
shall be New York, New York. Written notice of revocation of this Agreement
EFTA01435471
shall not
release either of us from any obligations hereunder arising prior to foe
actual receipt
of sucfo notice by the other.
NOTICE: THIS AGREEMENT CONTAINS A PRE-DISPUTE ARBITRATION
CUUSEIN PARAGRAPH 15.
FOR PURPOSES HEREOF, "YOU" AND "YOUR" INCLUDES DEUTSCHE BANK
SECURITIES INC. (DBSI) AND ANY AFFIUATES, INCLUDING DEUTSCHE BANK
AG, LONDON BRANCH AND NEW YORK BRANCH, THAT ASSIST DBSI IN
FULFILLING ITS OBLIGATIONS AND RESPONSIBILITIES HEREUNDER.
AGREED AND ACCEWEI3:
Lie
Client
z
/a/
(AMNsra)
0\/\tt(€A
(Tlfc)
ft
From: Paul Barrett
Subject: DB Options
Date: September 2
•
To: Richard Kahn
Rich
Options Questionnaire:
Can you add the Authorized Trader (not sure who you want -1 would think both
you and JEE).
Execution Agreement:
Just sign
Thanks
Paul
Paul Barrett
Alpha Group Capital LLC
"
Y 10019
pau @a p agrou capita .com
ALPHA GROUP
CAPITAL
a
From: NY33-09a <[email protected]>
Sent: Tuesday, September 25, 2018 9:50 AM
To: Paul Barrett .ffi
Subject:
OPTIONS QUESTIONNAIRE
K DATA UPDATE
3 NEW ACCOUNT
DAVtCOMPLETFO
EFTA01435472
5nuT^612.i3 U C
ACCOUNT NUAtHER
ACCOUNT
NAME
DATE ODD ClVEN.^iENT
TOCUrST
NOTE AiUreu «n Sir wiih contiiiiicei <tovw«Ql»n
ATTENTION CUEXTi PLEASE REVIEW ANDOR COMMUi1E-mE INFORMMIOS R£0L£SIED BELOW
PRIOR TO SiONINQ AT THE BOTTOM OF
THIS PAOR,
n:sTonrAN
NAJiirtS) OK IN VTS TMENT SLVNACER. CENCKAL PARTNER OR OTHER
THIRD PARTY AUniORIZEO TO ENTER ORDE RS KOR THIS ACCOUNT
nSANCWL INKOKSUTION:
A^.TSI -NDFR
omoxs INVES1MEVr
EXmUESCE
SAME
IVPt; OF TRADISO A17THOW2AI1OS:
U Uzto«I
Q Full
RELATIONSinr
[0 ij»MM
K SIOSDI'SIOCMM
$100 MM OR (iRKATFR
a 0-: YRS
a MOYR.S
CE lOYkSORMORF-
OFTIOSSTR.VDINC
fREOUENCY
AVTR.VGE SIZE OK OPT1ON.S
TRANSArrinNs
a <Jt>coNTRAcrs
0 'S"1.1m^OCC^NTRACTS
K 10>P* CONTRACTS
NAMK-pftOL •RftgP<Sir
REI.AT1OSSHIP. ftriQiSCTNif?
K SELDOM
a MODERATE
0 ACnVE
TYPE 01 IKADISG AUTHORIZATION
K Linuird
X Fuii
DOfcSTHKrND1MDUALORLSI1IY IHATUWROLS g] YE.S
IHLSACCOUNTHAVETHEPOWLKTOCONTROLANY p,
OTHEROPTK1SACCOt^T\UT»THKOm:NTITtFS7
0 l^'VtST^ttN^ HEDGE
IF 'tTS. PLEASE PROVIDE THE ACCOUNT(5):
V\A2G: "TTLv:gr ScxJTH€1!.i:^--nLegr
Ql
HIGH RISK iSCO.MK
EFTA01435473
INCOME
INVESTMENTOBJECIIVES
m.<g offCK AfHJCAnii: tutfut
SPECUL/MION
I TVPESOKo^tmsBFniir&n'n
fST
IWII1V
EFTA01435474
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