Account Opening

We/I hereby declare that the information provided in this Account Opening Form is true, accurate, and complete. We/I undertake to notify Fortefi Capital Sdn Bhd in writing and to provide supporting documents within 30 calendar days of any changes or updates to the information or documents previously submitted, until the completion of the client onboarding process.

We/I acknowledge and consent that the information contained herein, and information relating to our/my account(s) with Fortefi Capital Sdn Bhd, may be disclosed or reported to:

(a) The Inland Revenue Board of Malaysia (IRBM), and may be exchanged with tax authorities of other jurisdictions pursuant to intergovernmental agreements on the automatic exchange of financial account information (e.g., FATCA/CRS compliance);

(b) Any government authority, regulatory body, or other relevant person(s) in or outside of Malaysia, as required under Applicable Laws or regulatory obligations.

(c) Any third-party service provider, intermediary, custodian, nominee, broker, clearing house, or depository involved in the execution, settlement, custody, or administration of your Assets or Transactions;

We/I further acknowledge and agree that:

• We/I have read, understood, and agreed to be bound by the Terms and Conditions for account opening and any related client documentation made available on the Fortefi Capital Platform;
• We/I understand that Fortefi Capital Sdn Bhd provides investment services through a discretionary portfolio management structure, and does not make available or distribute individual product prospectuses, information memoranda, or other sales materials typically applicable to direct fund offerings;
• We/I accept that investment-related disclosures, risk factors, and strategy explanations have been sufficiently made available through the Platform and associated communications, in a manner appropriate to the digital discretionary service offered;
• For corporate clients: We confirm that the person(s) executing this declaration have been duly authorised to open and operate the account and to accept the terms herein on behalf of the company or organisation.

Account Opening Agreement

This Account Opening Agreement (this “Agreement”) constitutes an investment management agreement between you and Fortefi Capital Sdn Bhd (“Fortefi”). Fortefi shall be appointed as a discretionary fund manager to manage your assets in accordance with Applicable Laws, suitability assessment , investment strategy and agreed mandate.

In order to use our Services (as defined below) you must agree to the terms of this Agreement that are set out below. By electronically accepting or acknowledging this Agreement, using our Services or signing up for an Account with, you represent and undertake, and are deemed to have read and accepted this Agreement.

1. INTRODUCTION

1.1 In this Agreement, where the context so admits, the words and expressions used in this Agreement shall have meanings set out in SCHEDULE 1 of this Agreement.

1.2 The relationship between you and Fortefi is governed by this Agreement. This Agreement shall apply to and govern your Account with us and all Transactions and Services.

1.3 Your use of our Services is subject to you fulfilling the following general criteria, and upon our request, providing us with such information and documents to prove that you fulfil the criteria:

(a) you shall have completed an application or registration form required by us through our website;

(b) you have received an acceptance notice from us confirming that you may use and access the Platform, your Account and/or our Services; and

(c) such other criteria as we may determine from time to time.

1.4 For the avoidance of doubt, we are not obliged to open any Account for you or provide you with any Service.

1.5 You shall be taken to have accepted the terms and conditions of this Agreement upon your first access, use and continue to use of your Account and/or our Services.

1.6 The Account which we grant to you also belongs exclusively to you and is not transferable to any other person.

1.7 You undertake not to register for more than one Account or register an Account on behalf of any person other than yourself.

2. GENERAL TERMS AND CONDITIONS

2.1 The General Terms and Conditions are found in this Agreement.

2.2 The General Terms and Conditions govern your access to and use of a technology-enabled fund management services provided by us. Nothing herein constitutes a guarantee of performance or return, and our obligation are limited to those expressly set out in these Terms and Conditions.

3. INVESTMENT MANAGEMENT SERVICES

3.1 In accordance with this Agreement, we shall provide you with fund management services within a range as may be specified by us and permitted under the Applicable Laws.

4. INVESTMENT BACKGROUND AND SUITABILITY ASSESSMENT

4.1 You acknowledge and agree that Fortefi may, from time to time, conduct a suitability assessment to evaluate your investment knowledge, experience, financial situation, and investment objectives before providing Services, opening an Account, or entering into Transactions on your behalf. This assessment may be conducted through an online questionnaire or any other method we may reasonably determine.

4.2 As part of the suitability assessment, we may collect and consider information including, but not limited to:

(a) Your financial goals and investment objectives;

(b) Your risk tolerance and appetite for potential losses;

(c) Your employment status and nature of work;

(d) Your financial profile, including income, expenses, liabilities, and available assets;

(e) The source, frequency, and stability of your income;

(f) Your ongoing financial obligations and commitments;

(g) The size, type, and allocation of your existing investment portfolio;

(h) Whether the amount you intend to invest represents a significant portion of your total assets;

(i) Your educational qualifications, especially in business or finance;

(j) Your investment experience, including the types of financial products you have previously invested in; and

(k) Your work experience, including whether you have worked in the financial sector.

4.3 You represent and warrant that all information provided to us for the purposes of determining your investment suitability is, and shall remain, true, accurate, complete, and up-to-date. You agree that:

(a) Fortefi may rely on the information provided by you without independently verifying its accuracy unless required by applicable laws;

(b) You are solely responsible for the accuracy and completeness of the information provided;

(c) You will notify us promptly of any material changes to your financial situation or investment objectives; and

(d) If you fail to provide complete and accurate information, or if you choose not to respond to our requests, we may be limited in our ability to offer a suitable Investment Strategy. In such cases, we may recommend the lowest risk Investment Strategy or provide you with a restricted selection of strategies based solely on the information we have received. You shall remain solely responsible for determining whether any such strategy is appropriate for your personal circumstances.

4.4 You acknowledge that we may, at any time, ask you to confirm that your information remains accurate and unchanged. If your profile suggests that you may not have the appropriate knowledge or experience for certain Investment Strategies, or if you wish to select a strategy that falls outside the risk category we determine to be suitable for you, we may:

(a) Require you to complete a general investment education course or take other reasonable steps to enhance your understanding before continuing to provide Services; or

(b) Choose not to proceed with opening your Account or limit, suspend, or discontinue our Services (or any part thereof).

5. INVESTMENT STRATEGY

5.1 Based on the outcome of your Suitability Assessment, as well as current market and economic conditions and other relevant considerations, Fortefi may recommend a suitable Investment Strategy or provide a range of Investment Strategies aligned with your investor profile. The strategies available to you will be determined at our discretion and may vary from time to time.

If we determine that you do not currently possess the relevant knowledge or experience to pursue certain investments, or if you wish to select an Investment Strategy outside your assessed risk range, we may:

(a) Require you to complete an online general investment education module or fulfil other conditions we consider appropriate before proceeding with account opening, transactions, or ongoing Services; or

(b) Decline to proceed with opening your account or limit or discontinue the Services provided to you.

5.2 While Fortefi may provide advice or recommendations (including proposed Investment Strategies), you are not obligated to accept them. Unless expressly stated otherwise, you retain sole control and discretion over your investment decisions, and it is your responsibility to determine whether to proceed with, reject, or modify any advice or strategy.

5.3 You may request to vary your Investment Strategy at any time. However, Fortefi is not obligated to implement any changes you request.

Where you elect not to adopt Fortefi’s recommended strategy following such assessment, Fortefi may, at its discretion, continue to manage your portfolio in accordance with the risk profile, objectives, and parameters previously agreed or as updated through the Platform.

You acknowledge that you are responsible for ensuring that the information you provide, including your investment objectives, risk tolerance, and financial circumstances, is accurate and complete, and that Fortefi’s management decisions are made in reliance on such information.

5.4 Fortefi may revise or recommend changes to your agreed Investment Strategy from time to time based on updated information, shifts in market conditions, or other relevant considerations. We may also update the range of Investment Strategies available on our platform. When making such recommendations, we may rely on previously provided information without further verification.

5.5 Until you accept any revised strategy recommended under Clause 5.4, your portfolio will continue to be managed in accordance with the previously agreed Investment Strategy.

5.6 If permitted, you may be allowed to create additional Portfolios on the Fortefi platform. In relation to such portfolios, you agree and acknowledge the following:

(a) Based on your Suitability Assessment, Fortefi may provide input on whether your Portfolio is aligned with your risk profile, and may recommend changes to improve its suitability;

(b) You will not be allowed to create a Portfolio deemed unsuitable unless you meet specified conditions (e.g. expressly acknowledging your acceptance of the risks involved despite our assessment);

(c) Once created, Portfolios may not be modified unless permitted by Fortefi;

(d) Without prejudice to Clause 6, Fortefi may, at its discretion, make adjustments to the underlying investments in your Portfolio (e.g. replacing asset classes or themes), provided that these changes do not alter the overall Investment Strategy. We will inform you of any such modifications;

(e) You are solely responsible for ensuring that any Portfolio you create, customise, or modify is appropriate for your financial objectives, investment profile, and personal circumstances. Fortefi will not be liable for any losses resulting from your decisions related to Portfolios or your investments therein.

5.7 Auto Sweep and Discretionary Investment Execution

(a) You acknowledge and agree that, by granting a discretionary investment mandate during onboarding via your electronic acceptance of this Agreement, and in the absence of a fully executed investment instruction (including where a booking form is not submitted or is submitted but not authorised in time), we are authorised to invest any funds credited to your Account into a recommended portfolio based on your Investment Profile and Suitability Assessment, and within the permitted Auto Sweep range.

(b) This automatic fallback mechanism (“Auto Sweep”) shall be triggered under the following scenarios:

(i) You have transferred funds into your Account but have not submitted a booking form by the applicable cut-off time (Scenario 1); or

(ii) A booking form has been submitted by you or your authorised representative (Maker), but has not been authorised by the designated Checker prior to the cut-off time (Scenario 2).

In both cases, we shall rely on the discretionary mandate granted to act in accordance with your recorded Investment Profile and default portfolio recommendation.

(c) Auto Sweep investments shall be made only into the General Account, and only into Portfolios aligned with Conservative to Balanced risk profiles, as determined by your most recent Suitability Assessment.

(d) Clients assessed with an Aggressive or Very Aggressive risk profile will be assigned both a General Account and an Advance Account. Auto Sweep shall continue to apply only to the General Account, while investments into the Advance Account require explicit and duly authorised instructions.

(e) Auto Sweep transactions will be executed on a best-effort basis after the 3:00 p.m. cut-off time on the next Business Day (T+1) if the funds were received or processed after the cut-off.

(f) You confirm that, during onboarding, you were provided with the required disclosures, including but not limited to:

(i) portfolio strategy and methodology;

(ii) associated risks, costs, and fees;

(iii) rebalancing and switching mechanisms; and

(iv) your right to modify or update your Investment Profile at any time.

(g) Until such time an update to your Investment Profile is accepted and recorded by us, all discretionary investment actions (including Auto Sweep) shall be based on your latest Investment Profile and portfolio allocation on record.

5.8 Disclaimer and Indemnity for Auto Sweep Execution

(a) You agree that any discretionary investment action taken by us, including Auto Sweep transactions, shall not, of itself constitute a breach of fiduciary or regulatory duty where such actions are undertaken in accordance with your granted mandate and risk profile and based on information made available by you at the relevant time.

(b) No additional instruction, form, or authorisation shall be required for us to execute Auto Sweep transactions, provided that:

(i) no valid, complete, or authorised contrary instruction is received by the applicable cut-off time; and

(ii) the fallback investment is made into an eligible General Account portfolio.

(c) You release and discharge us from any liability for investment losses, opportunity cost, diminution in value or consequential loss arising from Auto Sweep execution, except where such losses are directly caused by our fraud, gross negligence, or wilful misconduct.

(d) You agree to indemnify and hold us harmless against any claim, liability, cost, or expense (including legal fees on a full indemnity basis) arising out of any Auto Sweep transaction made in accordance with this Agreement, including third-party claims or disputes relating to instruction authorisation or execution timing, except where such losses are directly caused by our fraud, gross negligence, or wilful misconduct.

6. AUTHORISATION

6.1 Upon selection or agreement of an Investment Strategy, you authorise Fortefi to act on a discretionary basis and:

(a) Invest, redeem, switch, or otherwise manage your portfolio—including via Auto Sweep—using funds in your Account without requiring separate instructions for each transaction;

(b) Execute transactions, open accounts, or engage third-party service providers on your behalf, including in cases where your instruction was incomplete, pending authorisation, or submitted after the cut-off time;

(c) Auto Sweep transactions shall only be made into the General Account and shall be limited to investments in asset classes or products consistent with your Investment Strategy and Suitability Assessment, provided they fall within Portfolios 1–4, as outlined in Clause 5.7;

(d) Clients assessed with an Aggressive or Very Aggressive risk profile (Portfolios 5–6) will be assigned both a General Account and an Advance Account. Auto Sweep shall continue to apply only to the General Account, while any investment into the Advance Account requires explicit and duly authorised instructions;

(e) You acknowledge and accept the additional risks associated with granting us discretion to manage your investments;

(f) All investment actions taken by Fortefi—including transfers, settlement of trades, collection of proceeds, payments, and other operational steps—are conducted as your agent, for your account, and at your risk;

(g) Fortefi may, at its sole discretion, decide the timing, duration, and structuring of transactions, whether or not to hedge risks (e.g. price, currency, interest), and how best to optimise your portfolio returns—provided that all actions remain within the scope of your agreed Investment Strategy.

6.2 Aggregated Transactions and Allocation Tolerance

You acknowledge that Fortefi may combine (pool) transactions across multiple client accounts, including yours, to improve execution efficiency. As a result, your portfolio’s asset allocation may vary slightly from the intended target.

6.3 Settlement Discrepancies

If there is a difference between the Initial Settled Amount (the expected transaction amount) and the Actual Settled Amount (the final confirmed amount):

(a) For Buy Orders (Actual amount > Initial) or Sell Orders (Actual amount < Initial):

• Fortefi will adjust your portfolio accordingly.

(b) For Buy Orders (Actual amount < Initial) or Sell Orders (Actual amount > Initial):

• Fortefi may aggregate these across accounts and adjust portfolios to reflect actual amount.

6.4 For the purpose of internal reconciliation and settlement, you agree that Fortefi has full discretion to determine how to allocate or distribute amounts where discrepancies arise. Fortefi will not be liable to return or deliver any excess amounts resulting from such discrepancies, and you accept that no liability arises for any Loss incurred as a result of actions taken under this clause. Minor discrepancies arising from aggregation, rounding or settlement mechanics shall not constitute a breach of these Terms and Conditions, provided that we act in good faith.

6.5 Where we receive more than one instruction from you in relation to the same Account or transaction, whether through the Platform, automated strategy or otherwise, the last instruction receive by us shall prevail and be deemed to be your valid and binding instruction, unless and until expressly revoked or replaced by a subsequent instructions received by us.

6.6 Fail Trade Handling and Execution Authority under Digital Mandate

(a) You acknowledge that certain investment instructions may not be executed, or may be executed only partially, due to limitations or failures arising from third parties, including fund managers, custodians, transfer agents, or trading platforms (“Fail Trades”).

(b) In such cases, Fortefi is authorised—without requiring further instruction or authorisation from you—to take appropriate discretionary action, including but not limited to:

(i) Reattempting the same transaction on the next Business Day or next available execution window;

(ii) Reallocating the affected amount into a substantially similar eligible instrument within your approved portfolio; or

(c) Such fallback actions are deemed to be undertaken in accordance with your existing discretionary digital mandate and within your Investment Strategy and Suitability Assessment.

(d) You agree and accept that Fortefi shall not be liable for any investment loss, opportunity cost, diminution in value, consequential loss or delay arising from Fail Trades, provided that Fortefi acted in good faith and without gross negligence.

7. CLIENT MONIES AND TRUST ACCOUNT ARRANGEMENT

7.1 You shall deposit your investment monies into a designated Collection Account as notified by us. We will only accept deposits originating from a bank account registered under your name. If we determine that funds were received from a third-party account or from a source not matching your registered banking details, we reserve the right to return such funds to the originating source, subject to Applicable Laws and any verification procedures.

Malaysian Trustees Berhad (Company Reg. No. 0021666V / 197501000080), a licensed trustee in Malaysia. The trustee will in turn maintain a trust account with United Overseas Bank (Malaysia) Berhad or another financial institution licensed under the Financial Services Act 2013, or such other entities as may be permitted under prevailing regulatory guidelines.

7.2 The monies received from you may be held in a commingled (omnibus) client trust account together with monies belonging to other clients. This means your funds will be pooled with other clients’ funds within the same trust account structure.

While internal systems and records are maintained to accurately track and segregate each client’s entitlements, operational complexities may arise, including:

• Difficulty in clearly attributing interest earned on a pro rata basis,
• Administrative challenges during reconciliations due to fluctuating balances and transactions across the pooled account,
• Theoretical risk of mutualisation of losses in extreme adverse scenarios.

7.3 In the unlikely event of insolvency of the bank, custodian, or financial institution holding the omnibus trust account, you acknowledge that your ability to fully recover your monies may be affected. Due to the pooled nature of the account, you may be indirectly exposed to risks related to the financial position or transactions of other clients. As such, your funds may not benefit from the same level of protection as would be available under a fully segregated trust account structure.

7.4 All withdrawals from the trust account will only be made to a bank account registered under your name. We reserve the right to delay or withhold payment if we are not satisfied that the receiving bank account belongs to you or until adequate verification is completed.

7.5 Please note that the trust account in which your monies are held is not protected by Perbadanan Insurans Deposit Malaysia (PIDM). In the event of a failure of the bank or financial institution, your monies are not covered under PIDM’s deposit insurance system.

8. USE OF INTERMEDIARIES AND CUSTODY ARRANGEMENTS

8.1 You acknowledge and agree that we may appoint or engage third parties (each, an “Intermediary”) to:

(a) execute or clear Transactions;

(b) manage, sub-manage, advise, or sub-advise investments or portfolios; and/or

(c) receive, hold, or custodise any of your monies or Assets.

8.2 Provided that we have selected such Intermediaries in good faith and with reasonable care, we shall not be liable for any loss, damage, act, omission, negligence, default or insolvency on the part of such Intermediaries. The Intermediaries may, where necessary or expedient, appoint further custodians, sub-custodians, trustees, registrars, administrators, nominees and/or agents. We shall not be responsible for the acts or omissions of such further parties where these are beyond our reasonable control.

8.3 You acknowledge and agree that, in the course of executing Transactions or managing your investments, we and/or the appointed local custodian may be required to assume principal or contractual responsibility to the Intermediary. This may result in certain investments or Transactions being treated as entered into on our own behalf or on behalf of the local custodian, notwithstanding that they are intended for you. In some instances, we may purchase or sell investments (including exchange-traded funds or units in collective investment schemes) from or to other clients, Intermediaries, or third parties, as part of our portfolio management responsibilities.

8.4 As a result of the above, there is a risk that an Intermediary may not recognise your beneficial interest in any investments held on your behalf, and may seek to apply such investments towards obligations owed by us or by other clients. You acknowledge and accept this risk.

8.5 You further agree to indemnify us against any action or measure that we, in good faith, deem necessary to ensure that we do not default on any obligations or responsibilities assumed under this Agreement. This includes actions we take to avoid breaches of duty vis-à-vis Intermediaries, even where you may be in actual or anticipatory breach. This indemnity is in addition to any other rights we may have, whether under this Agreement or applicable law.

8.6 You acknowledge that we, the local custodian or the Intermediaries are not obliged to extend any margin or credit facility in respect of your investments, unless otherwise specifically agreed.

8.7 You understand and accept that any investments or funds held by Intermediaries may not be protected under the Perbadanan Insurans Deposit Malaysia (PIDM) or any other deposit insurance scheme, and that any losses resulting from the insolvency of the Intermediary, custodian or bank may not be fully recoverable.

Without prejudice to any other provision in this Agreement, you acknowledge and agree that:

(a) We and/or the local custodian may hold investments purchased for you in an omnibus trust or custody account with other brokers, custodians, sub-custodians, trustees, nominees, exchanges or clearing houses, aggregated with investments held for other clients (including the clients of our Intermediaries). Such investments may not be held in your name and may be registered collectively in the name of Fortefi, the local custodian or their respective nominees. As a result, your investments may be commingled with the investments of other clients, and your entitlements may not be identifiable by separate certificates, titles, or electronic records.

(b) Where your investments are so commingled, any dividends, interest, rights, benefits or other proceeds attributable to such investments will be allocated by us in good faith and at our sole discretion, and may be applied toward fees, expenses, or charges incurred in relation to the holding or custody of such investments. You acknowledge that any interest accrued on uninvested cash balances may be used to offset custodian or brokerage fees and will not necessarily be credited to your account.

(c) In the event of the insolvency or default of any custodian, sub-custodian, broker, clearing house or other appointed party, you understand that you may not be able to fully recover your investments held in the omnibus account. Any shortfall may be shared among you, our other clients, and/or the clients of the Intermediary or local custodian on a proportionate basis. Consequently, you may be exposed to the losses or defaults of other clients whose investments are commingled with yours.

(d) Provided that we have selected, or that we (or the local custodian) have engaged such broker, custodian, nominee, exchange, clearing house or other party in good faith and with reasonable care, we shall not be liable to you for any and all Losses suffered or incurred by you arising from any act, omission, negligence, fraud, misconduct or insolvency of such parties.

(e) Where your investments are denominated in a foreign currency or held outside Malaysia, they may be held in omnibus accounts with licensed or authorised custodians in the relevant jurisdictions. You acknowledge that the laws and practices governing the segregation and protection of client assets in those jurisdictions may differ from those applicable in Malaysia, and accordingly, your investments may not enjoy the same level of protection and may be subject to additional risks, including but not limited to enforcement, recovery, or insolvency proceedings in such jurisdictions.

(f) Your investments may be treated as fungible with other investments in the same omnibus account. Accordingly, we and/or the local custodian are not obliged to deliver specific or identifiable securities to you and may instead deliver equivalent securities or settle your entitlement by way of sale proceeds credited to your Account.

(g) Transactions may be executed or cleared using an initial settled amount or indicative rate provided by an Intermediary. You acknowledge that we rely on such Intermediaries for execution rates or valuations and that we shall not be responsible for any Losses arising from inaccurate, outdated, or erroneous information provided by such Intermediaries.

(h) Where your investments are held across multiple Intermediaries or the appointees of such Intermediaries, you acknowledge that the manner in which your investments are held, reported or protected may vary depending on the arrangements of each relevant party.

9. STATEMENT OF ACCOUNT AND GENERAL INFORMATION

9.1 We may provide you with information regarding the value of securities, exchange rates, net asset values (NAV), and dividend payments in connection with your portfolio. This information is obtained from our appointed Intermediaries or other third-party sources. While we will exercise reasonable care in selecting such sources, we do not warrant the accuracy, completeness, or timeliness of the information provided. Any such information is shared with you on an “as-is” basis, and we are not liable for any errors, omissions, or inaccuracies, including those found in third-party websites or public materials not affiliated with us.

9.2 Where the most recent data from our Intermediary is not available at the time your account statement is prepared, we will use the latest available information as provided to us, including for exchange rates, NAVs, and securities valuations. In such instances, your statement will include a note indicating that values are based on prior data. You acknowledge and accept that while we strive to ensure accuracy, we are not responsible for any discrepancies or Losses arising from reliance on such delayed information.

9.3 Securities will be valued based on the closing prices from the last trading day of the relevant exchange. Exchange rates used for currency conversions (where applicable) will also reflect the closing rates from the day prior to the opening or closing balance date, and amounts will be reported in the designated reporting currency rounded to two decimal places.

10. CHARGES AND FEES

10.1 The fees payable by you for the Services are set out in our current Fee Schedule, available at www.fortefi.com.my, and may be revised by us from time to time. These fees ("Fees") cover all costs, expenses, and liabilities that we reasonably incur in providing the Services under this Agreement.

10.2 All payments made by you under this Agreement must be made in full, without any deduction, withholding, or set-off for taxes, levies, or other charges now or in the future imposed by any authority.

10.3 You are responsible for any sales and service tax (SST), goods and services tax (GST), value-added tax (VAT), or other similar taxes applicable to any payment made to us. If we are required by law to collect and remit such taxes on your behalf, you agree to fully indemnify us for any such amounts paid.

10.4 We are authorised to deduct any Fees or other amounts owing to us directly from your Account. This may include withdrawing from uninvested cash balances or, if necessary, selling your Assets to settle outstanding amounts. You agree that such deductions may be made without prior notice and that we shall not be liable for any impact this may have on your portfolio performance or investment strategy.