What attestation do we need to agree to when verifying as an institutional customer?

Published on Feb 5, 2024Updated on Apr 4, 20243 min read16

As part of OKX onboarding process, the entity making an application (hereafter, the "Applicant") to be verified and onboarded as an institutional customer shall have to agree, acknowledge and attest the following statements:

Applicant hereby makes the statements set forth herein, with effect from the date of execution, to provide OKX with certain information needed to confirm that Applicant is aware of its obligations under OKX’s Terms of Service and to ensure compliance with certain regulatory requirements.

Applicant hereby acknowledges, confirms, represents, and warrants that:

A. Applicant has read, understands, and agrees to be bound by OKX’s Terms of Service (hereinafter the “Terms”), and any modification or amendment thereto for as long as it uses the Services (as defined in the Terms);

B. any information and/or documentation provided in connection with its application to open or maintain an account or subaccount on OKX (collectively, the “Application Documentation”) by Applicant previously or herewith is true, accurate, correct, and complete;

C. any Application Documentation provided by Applicant hereafter will be true, accurate, correct, and complete;

D. Applicant is not registered, organized, incorporated, formed, or established in the United States;

E. Applicants’s principal place of business is not located in the United States;(The term “principal place of business” used herein means the location from which the officers, partners, managers or traders of Applicant primarily direct, control, and coordinate the activities, including trading, trading analysis, or trading or investment strategy, of Applicant.)

F. Applicant is not a trust governed by the laws of a state or other jurisdiction in the United States, if a court within the United States is able to exercise primary supervision over the administration of the trust;

G. Applicant does not now, and will not in the future, maintain or operate any OKX account or subaccount on behalf of any person or entity, or provide access to any OKX account or subaccount to any person or entity, (1) residing in, or registered, organized, incorporated, formed, or established in, the United States or any sanctioned jurisdiction, including Cuba, North Korea, Iran, Syria, Crimea, Donetsk People’s Republic, and Luhansk People’s Republic (each a “Sanctioned Jurisdiction”), (2) having its principal place of business (as defined herein) in the United States or any Sanctioned Jurisdiction, and/or (3) on any sanctions list as set forth in Section 2.1 of the Terms (as may be modified or amended from time to time); and

H. Applicant has conducted, and will conduct at all times hereafter, reasonable due diligence with respect to its activities and operations sufficient to support any Application Documentation provided by Applicant and the statements made herein.

Applicant understands and agrees that OKX may, and is entitled without further inquiry to, rely and act upon any Application Documentation provided by Applicant, now or hereafter, or any representation, warranty, or statement made by Applicant herein in deciding whether to provide, or continue to provide, the Services (as that term is defined in the Terms) to Applicant. Applicant further agrees to notify OKX in writing before or as soon as reasonably practicable following any information in any Application Documentation or any of the representations, warranties, or statements made by Applicant herein ceasing to be true, accurate, correct, and complete.