Futures
Futures Trading Agreement and Application
Issued by Macquarie Equities Limited ABN 41 002 574 923 Australian Financial Services Licence No. 237504 DATE OF ISSUE 15 MAY 2017
macquarie.com
Macquarie Equities Limited ABN 41 002 574 923 (MEL) is a participant of the Australian Securities Exchange Group, Australian Financial Services Licence No. 237504, 1 Shelley Street, Sydney NSW 2000.
This Futures – Trading Agreement and Application booklet (booklet) has been prepared by MEL and contains factual information only. Importantly, this booklet does not constitute financial product advice and
does not take into account any of your personal objectives, financial situation or needs. Before acting on the information in this booklet you should therefore consider the appropriateness of the information
having regard to your situation. We recommend you obtain financial, legal and taxation advice before making any financial decision.
Macquarie Bank Limited ABN 46 008 583 542 (Macquarie Bank) is an authorised deposit-taking institution (ADI) under the Banking Act 1959 (Cth) and is the only member of the Macquarie Group that is an
ADI. The obligations of the non-ADI members of the Macquarie Group do not represent deposits or other liabilities of Macquarie Bank. Macquarie Bank does not guarantee or otherwise provide assurance in
respect of the obligations of any Macquarie Group entity, unless stated otherwise.
References to ‘Macquarie’, ‘we’, ‘us’ or ‘our’, as the context requires, in this booklet are references to MEL, Macquarie Bank or Macquarie Group Limited.
Contents
01
Futures Trading Agreement and Application
02
02
Macquarie Futures Trading Agreement
04
03
AML/CTF Act - Certification and Verification Requirements
24
04
Application form checklist
26
05
Futures Trading application form
31
Inserts
Macquarie Equities Limited Financial Services Guide
1
Futures Trading Agreement
and Application
How to apply
4.
1.
Please ensure you also complete the applicable FSC/FPA*
identification form(s), available at macquarie.com.au/idforms.
Read the relevant documents
Prior to completing the application form, you should read the:
•
Macquarie Equities Limited (MEL) Financial Services Guide
(FSG) enclosed in the back of this booklet. Our FSG states
who we are, the services and types of products we are
authorised to provide and details relating to fees and
charges;
•
Macquarie Futures Trading Agreement (‘Agreement’)
(pages 4-23), which includes the futures trading terms
and conditions; and
•
Futures Product Disclosure Statement (PDS) and any
Supplementary Product Disclosure Statements (SPDS), to
ensure that you are aware of the features of this financial
product, including the risks,benefits and costs involved.
2.
5.
Your application cannot be processed without all the required
identification documents.
Decide your applicant type
Complete the Macquarie Futures Trading
application form
Please complete all relevant sections of the application form
(page 31). Your application cannot be processed without the
required details. Refer to the application form checklist for
further instructions (page 26).
*
2
Include proof of identification documents
(for each applicant)
Please present to your financial adviser or the relevant checking
officer, relevant original or certified copies of identification
documents as listed in the application form checklist.
Applications may be made by an individual, sole trader,
joint applicants, a company, a trustee of a trust or a
superannuation fund, a partnership, an association, a
registered co-operative or a government body. Please use the
table on the following page and the checklist in the application
form as a guide on how to apply correctly.
3.
Complete the applicable FSC/FPA*
Identification Form(s)
FSC is the Financial Services Council and FPA is the Financial Planning Association.
6.
Payment via funds transfer or BPAY
Please inform your adviser of any deposits made and
reference any deposits with either your full name or account
number. Keep these instructions on hand for future deposits.
Once your application form is complete, you will need to
arrange a deposit for a minimum of $10,000 to Macquarie
Equities Ltd Futures s981B Corps Act Trust Account.
Alternatively, you will be assigned a BPAY reference number
when your account is established.
The account details for a direct transfer are:
Bank account name
Macquarie Equities Ltd Futures
s981B Corps Act Trust Account
Bank name
BSB
Account number
Macquarie Bank Limited
182 222
203 243 993
7.
Return the relevant documentation
Detach the Macquarie Futures application form from
this booklet and return it with the applicable FSC/FPA*
Identification Form(s) to your adviser, along with the necessary
identification as described above.
Use this table as a guide for deciding your applicant type (as described in step 2 of How to apply).
IF YOU ARE
INVESTING FOR:
YOUR ACCOUNT
MUST BE IN THE
NAME OF:
EXAMPLE:
THE ACCOUNT
DESIGNATION
COULD BE:
an individual
the full given and last
name of the individual
Mrs Mary Elizabeth Brown
None required
joint applicants
the full names of the
individuals
Mrs Mary Elizabeth Brown
and Mr James Anthony Brown
None required
a company
the company name.
ABC Pty Ltd
None required
an unincorporated body
name of the
unincorporated body
Hurstville Soccer Club
None required
a partnership
the partner(s)
Mrs Mary Elizabeth Brown
and Mrs Jesse Johnson
Brown Johnson & Assoc
a trust
the trustee(s), rather than
the name of the trust1
Mrs Mary Elizabeth Brown
and Mr James Anthony Brown
Family Fund A/C
a corporate trust
the corporate trustee, rather
than the name of the trust.
ABC Pty Ltd
Staff Super Fund A/C
a superannuation fund
the trustee(s) of the
superannuation fund1
Mrs Mary Elizabeth Brown
and Mr James Anthony Brown
Brown Corp Super Fund
a minor
the trustees, rather than the
name of the minor
Mrs Mary Elizabeth Brown
and Mr James Anthony Brown
Miss Louise Brown
(name of the minor)
a deceased estate2
the executors of the estate
Mrs Mary Elizabeth Brown
Estate of Agnes Johnson
1
2
Applications in the name of a trust, rather than the trustee, will not be accepted.
One certified copy of Probate must accompany the completed application.
*
FSC is the Financial Services Council and FPA is the Financial Planning Association. Some of the more commonly used identification forms are available for
downloading at macquarie.com.au/idforms.
3
Macquarie Futures Trading Agreement
This Agreement is made:
Between:
1. Macquarie Equities Limited (ABN 41 002 574 923) of No 1 Shelley Street, Sydney, New South Wales (‘MEL’).
2. The party named in the Futures Trading application form as the Client and includes, where the context permits,
any person acting as agent for that person (the ‘Client’).
3. The party (if any) named in the Futures Trading application form as the Guarantor (the ‘Guarantor’).
Background: 1. Macquarie and the Client intend by this Agreement to set out the terms and conditions which will govern
Contracts which they have already or may in the future enter into with each other relating to Futures.
2. This Agreement will take the place of any agreement that Macquarie and the Client have previously entered into
with respect to dealings in Futures.
It is agreed and acknowledged as follows:
1. Definitions and interpretation
1.1
Definitions
In this Agreement, unless a contrary intention appears:
“AML/CTF Laws” means the Anti-Money Laundering and
Counter Terrorism Financing Act 2006 and Anti-Money
Laundering and Counter Terrorism Financing Rules 2007
(No.1) and other subordinate instruments, as amended from
time to time;
“Approved Securities” means approved securities or
collateral as defined in the Rules;
“ASX Clear” means ASX Clear Pty Limited
(ABN 48 001 314 503);
“ASX24” means the derivatives market operated by the
Australian Securities Exchange Limited (ABN 83 000 943 377)
(formerly known as the Sydney Futures Exchange Limited);
“ASX24 Clear” means ASX Clear (Futures) Pty Limited
(ABN 91 050 615 864);
“Authorised Representative” means a person authorised
under clause 23.8 – 23.10 to bind the Client under this
Agreement;
“Automated Order Entry Interface” means any automated
order entry interface that is provided to you by Macquarie
that connects to an Exchange System;
“Block Trade” means a Trade which is executed via a
block trade facility, however described in the Rules of a
Licensed Market;
“Brokerage” means the brokerage payable by the Client to
Macquarie on purchases and sales of Contracts as described
in the PDS. The Brokerage will include any brokerage or other
fees payable to the Macquarie Participant and will generally
also include any Derivative Exchange Fees unless otherwise
notified at the time of the transaction;
4
“Business Day” means a day on which trading banks in
Sydney are open for business (excluding Saturday or Sunday);
“Clearing House” means any clearing and/or settlement
facility as that term is defined in section 768A of the
Corporations Act from time to time operating in or authorised
or appointed by any Licensed Market on which Macquarie
may trade, or where the market is not a Licensed Market, any
other clearing or settlement facility of that market;
“Clearing Limit” means a limit either in monetary terms or in
number of Trades or both for which the Macquarie Participant
will accept clearing responsibility;
“Clearing Participant” means a participant of a Clearing House;
“Client” or “you” means the party named in the Futures
Trading application form as the Client and includes, where the
context permits, any person acting as agent for that person. If
there are more than one Client, “Client” or “you” means each
of them separately and every two or more of them jointly and
includes your successors and assigns;
“Client Contract” means a Contract that is entered into by the
Macquarie Participant (or any third party Market Participant
appointed by it) on instructions from Macquarie acting as
agent for the Client in accordance this Agreement whether
entered into before or after the date of this Agreement;
“Client Monies Rules” means the provisions in Part 7.8 of
the Corporations Act and the Corporations Regulations made
under those provisions (and any ASIC policy) that specify the
manner in which financial services licensees are to deal with
client monies and property. In other jurisdictions, client money
rules may be found in the relevant legislation or Rules of the
relevant Financial Market;
“Client Segregated Account” means a client segregated
account which complies with the Client Monies Rules;
“Close Out” in relation to a Contract means the act of
entering into arrangements to reverse the effect of that
Contract including, without limitation, the entry into an
opposite Contract;
“Contract” means a contract applying for, acquiring,
issuing,disposing of or varying a Derivative;
“Corporations Act” means the Corporations Act 2001 (Cth);
“Deposit” has the same meaning as the Rules of the relevant
Financial Market and where the Rules of the Financial Market
use the term ‘initial margin’, it means initial margin as defined
in those Rules;
“Derivative” means an arrangement as defined in section
761D of the Corporations Act and, for the purpose of
this Agreement, is limited to Derivatives which are futures
contracts or futures option contracts as defined in the
Corporations Act prior to the commencement of the Financial
Services Reform Act;
“Derivatives Exchange” means ASX24, ASX24 Clear or other
applicable derivatives exchange;
“Derivative Exchange Fees” means any fees and costs
which are payable to any Financial Market or Clearing House
in respect of the Client Contracts;
“Derivatives Law” means the Corporations Act and the
Australian Securities and Investments Commission Act
(2001), as amended from time to time.
“EFP transaction” means an exchange for physical
transaction as defined in the Rules of the relevant
Financial Market;
“Exchange System” means any computer system utilised
by any Financial Market operator for or in connection with
trading, matching or price reporting;
“Event of Default” means any of the events listed in clause 10
of this Agreement;
“Financial Market” means a financial market as that term
is defined in section 767A of the Corporations Act and
includes a Licensed Market and a Derivatives Exchange;
“FSG” means the Financial Services Guide issued by MEL in
accordance with Part 7.7 of the Corporations Act together
with an Supplementary FSG, as amended from time to time;
“Functionalities” means an order type, specification or
condition including, but not limited to, ‘limit’, ‘limit BC’, ‘limit
FAK’, ‘limit FK’, ‘limit FOK’, ‘fill/kill’, ‘I.O.C’, ‘market’, ‘market
FK’, ‘mkt limit’, ‘MIT’, and ‘RFQ’;
“Futures account” means the facility provided by Macquarie
which allows the Client to open Contracts, and includes the
records kept by Macquarie of the amount of Deposit and
Margin which has been provided by the Client to Macquarie,
as adjusted to reflect:
(a) profits and losses incurred on the Close Out of a Client
Contract;
(b) the withdrawal or return of Deposit or Margin by the
Macquarie Participant;
(c) monthly adjustments in respect of the interest payable
under clause 11;
(d) all Brokerage, Derivative Exchange Fees, Platform
Fees or other amounts payable by the Client under this
Agreement; and
(e) any losses referred to in clauses 14.5(g) and 14.5(i);
“Futures Trading application” means the application form
accompanying this Agreement;
“GST” means a goods and services tax or similar tax imposed
in Australia by the A New Tax System (Goods and Services
Tax) Act 1999 (Cth) and the related imposition Acts;
“GST Law” means any Act, order, ruling or regulation which
imposes or purports to impose or otherwise deals with the
administration or imposition of GST on a supply of goods and/
or services in Australia and includes the A New Tax System
(Goods and Services Tax) Act 1999 as affected by any other
applicable legislation;
“Licensed Market” means a financial market that is
authorised by an Australian market licence in accordance with
the Corporations Act;
“Macquarie”, “our”, “us” or “we” means, as the context
requires, MEL, Macquarie Bank or Macquarie Group Limited;
“Macquarie Bank” means Macquarie Bank Limited
(ABN 46 008 583 542);
“Macquarie Group” means Macquarie Group Limited and its
related bodies corporate;
“Macquarie Group Limited” means Macquarie Group Limited
(ABN 94 122 169 279);
“Macquarie Participant” means a third party appointed
by Macquarie to act as Market Participant and Clearing
Participant in respect of the Client Contracts;
“Macquarie Provided Online Platforms” means any
automated order entry system, including any software,
hardware or telecommunications equipment made available
by Macquarie to the Client;
“MEL” means Macquarie Equities Limited
(ABN 41 002 574 923);
“Margin” has the same meaning as the Rules of the relevant
Financial Market and where the Rules of the Financial Market
use the term ‘other margin obligation’ it includes other margin
obligation as defined in those Rules;
“Market Participant” means a market participant or member
of a Financial Market
“PDS” means the disclosure document required to be given
in accordance with Part 7.9 of the Corporations Act in respect
of the issue of Contracts together with any Supplementary
Product Disclosure Statement (SPDS), as amended from time
to time;
“Platform Fees” means the fees that are payable in relation to
any Macquarie Provided Online Platform;
“Retail Client” means a retail client as defined in section 761G
of the Corporations Act;
5
“Rules” means the articles, rules, regulations and procedures
of a Financial Market, Clearing House or regulatory body, as in
force from time to time, pursuant to which the relevant Client
Contract or Trade is executed and cleared;
“Taxable Supply” is a supply on which GST is imposed
pursuant to the GST Law;
“Trade” means a Client Contract bought or sold in
accordance with the Rules of a Financial Market;
“Trust” means the Trust (if any) described in the Futures
Trading application; and
“Trust Deed” means the Trust Deed (if any) described in the
Futures Trading application (as amended from time to time)
establishing the Trust.
1.2
Interpretation
In this Agreement unless the context indicates a contrary
intention:
(a) a reference to this Agreement or to any deed, agreement,
document or instrument Includes respectively this
Agreement or that deed, agreement, document or
instrument as amended novated, supplemented, varied or
replaced from time to time;
(i) except where specified otherwise, all Derivatives Law
section and regulations references are to the Corporations
Act sections and regulations;
(j) in this Agreement, the singular includes the plural and vice
versa;
(k) headings are used in this Agreement for convenience of
reference only and will not affect the construction of this
Agreement;
(l) where a party to this Agreement is more than one person
they will be jointly and severally liable under the terms of
this Agreement.
2. Authority to execute
agreement
2.1
(a) where the Client or the Guarantor is a body
corporate, the Client or the Guarantor (as the case
may be) has been and is duly formed under the
laws of the place of its formation, (in the case of
the Client) has power and authority, and where
the Client or Guarantor is a partnership, each
partner of the Client has power and authority, to
deal in Contracts and the persons executing this
Agreement have full power and authority to execute
this Agreement on behalf of the Client;
(b) a reference to any statute, rule or other law, or to any
sections or provisions thereof includes any statutory
modification or re-enactment or any statutory provision
substituted therefore and all ordinances, by-laws,
regulations and other statutory documents issued
thereunder;
(c) the word person includes a firm, a body corporate,
an unincorporated association and statutory authority;
(b) where the Client or Guarantor is a natural person,
the Client or the Guarantor (as the case may be)
has legal capacity to execute this Agreement; and
(d) a reference to any party includes a reference to that
party’s executors, administrators, successors, substitutes
and permitted assigns and any person taking by way of
novation;
(e) a reference to any thing (including, without limitation, any
amount) is a reference to the whole or any part of it and a
reference to a group of persons is a reference to any one
or more of them;
(c) where the Client is trustee of a trust, the Client
makes the additional representations and
warranties contained in Schedule 1;
2.2
Each of the Client and the Guarantor further represents
and warrants to MEL that:
(a) there is no current or pending or threatened action
or proceeding affecting it or any of its assets before
a court, tribunal, government agency, commission
or arbitrator which draws or purports to draw
into question or is likely to affect the legality,
validity or enforceability of this Agreement or any
Contract or the ability of the Client or the Guarantor
(respectively) to observe its obligations under and
in respect of this Agreement; and
(f) where any word or phrase is given a defined meaning, any
other part of speech or other grammatical form in respect
of the word or phrase has a corresponding meaning;
(g) a reference to a clause or a Schedule is, unless the
context otherwise indicates, is a reference to a clause or a
schedule in this Agreement,
(h) except where expressly defined in this Agreement or where
a contrary intention appears, all terms in this Agreement
shall bear the meaning given to them in the Rules or the
Derivatives Law and in the event of any inconsistency
between the meaning in the Derivatives Law and in the
Rules, the meaning in the Derivatives Law shall prevail;
Each of the Client and the Guarantor represents
and warrants to MEL that:
(b) no Event of Default or event which with the
giving of notice, lapse of time or fulfilment of any
conditions would be likely to become an Event of
Default has occurred or continues unremedied.
2.3
All representations and warranties made by the Client
and or the Guarantor under this Agreement are taken
to be made on the date of:
(a) this Agreement;
(b) each Trade; and
(c) each Contract.
6
2.4
Where the Client is trustee of a Trust, the Client
undertakes the additional obligations contained in
Schedule 1.
3.2
3. Acknowledgements
3.1
The Client agrees and acknowledges that:
(a) they have read the PDS and FSG; and
(b) MEL may give an PDS, FSG and any other
supplementary or related disclosure documents to
the Client by posting the relevant documentation
on the website at macquarie.com/personal;
(c) MEL, and the Macquarie Participant are, in relation
to any dealings between them concerning Client
Contracts, subject to and bound by the Derivatives
Law and the Rules and the procedures, customs,
usages and practices of the relevant Financial
Market and their related entities, as amended from
time to time, on which the Trades will be effected;
(d) MEL agrees to provide the Client with execution
only and general advice services. The Client
understands that Macquarie will not provide the
Client with any personal advice on the Client’s
dealings in Contracts and will not act on a
discretionary basis on the Client’s behalf under any
circumstance;
(e) the Client will take all reasonable steps to obtain
and communicate to MEL all information and
deliver, or cause to be delivered to MEL, all
documents with respect to dealings in Contracts
on a Financial Market which are requested by
the Macquarie Participant or any other person
having a right to request that information or those
documents. The Client authorises MEL to pass on
all information, and deliver or cause to be delivered
all documents to the requesting party;
(f) dealing in Contracts may create an obligation to
give or take delivery or make a cash adjustment in
accordance with the terms of a Contract;
(g) trading in Contracts incurs the risk of loss as well
as the prospect of profit;
(h) the Client must promptly advise MEL when there is
a material change in its personal circumstances; and
(i) the provisions of Schedule 2 will apply, despite
anything else to the contrary in this Agreement.
The Client agrees to provide MEL, at all times,
with current contact details, including a valid and
functioning email address, during the Client’s dealings
with MEL, and acknowledge that all communications
and confirmations of executed orders will be sent
electronically. The Client must notify MEL within
fourteen (14) days of any change to the Client’s contact
details. MEL is generally unable to accept notification of
changes to contact details by telephone or email as a
physical signature is required for verification purposes.
4. Dealing by Macquarie
4.1
The Client appoints MEL as its agent for the purpose of
dealing in Contracts both within and outside Australia
in accordance with the terms of this Agreement.
4.2
As a condition precedent to the performance by
MEL of its obligations under this Agreement:
(a) the Client will deposit with MEL the minimum
amount that MEL requires; and
(b) the Client will maintain a minimum deposit equal to
the amount specified by MEL from time to time, in
its account at all times.
4.3
The Client acknowledges that:
(a) MEL is not a Market Participant or Clearing
Participant on any Derivatives Exchange;
(b) MEL will accordingly appoint the MEL Participant to
deal in any Contracts requested by the Client;
(c) where the Macquarie Participant is not itself a
Market Participant or Clearing Participant on
a particular Financial Market the Macquarie
Participant may appoint a third person to deal
in those Contracts on behalf of the Macquarie
Participant;
(d) subject to sub-clauses (e),(f) and (g) below, the
Client will be entitled to all profits and gains made
in connection with the Client Contracts but will
also be liable for all costs and losses arising in
connection with those Client Contracts;
(e) the Client will not be entitled to any interest or other
returns earned on the amounts paid to the Client
Segregated Account of the Macquarie Participant
but it will be entitled to be paid interest by MEL in
accordance with clause 11(a);
(f) the Client will be obliged to pay Brokerage to MEL
but will not be obligated to pay any additional
amount in respect of the brokerage or other fees
owing to the Macquarie Participant or any third
party Market Participant and Clearing Participant
nor will it be obliged to pay any Derivative
Exchange Fees (unless MEL has advised that these
are not included in the Brokerage) as MEL will pay
these amounts out of the Brokerage;
7
(g) the Client will be obliged to pay debit interest and
default interest in accordance with clauses 11(b)
and 11(c) but it will not be obliged to pay any
additional amount in respect of the interest owing
to the MEL Participant or any third party Market
Participant and Clearing Participant as MEL will pay
such interest out of the debit interest and default
interest paid by the Client;
5. Execution of Orders
5.1
Macquarie will use its best endeavours in the
circumstances of each case to arrange the execution
of the Client’s directions by the Macquarie Participant
in accordance with their tenor, but MEL will not be
responsible for delays or errors in the transmission
or execution of the Client’s directions except where
these arise as a result of the negligence, fraud or
dishonesty of MEL or the Macquarie Participant or
their employees, agents, officers or representatives.
The Client will be bound by the terms of each Client
Contract as entered into or executed by the Macquarie
Participant.
5.2
The Client may give instructions to Macquarie either
orally, in writing or via any text messaging system
recognised by Macquarie.
5.3
The Client acknowledges that in respect of Client
Contracts transacted on a Financial Market,
instructions received from the Client and other clients
of MEL or the Macquarie Participant and orders for
the own account of MEL or the MEL Participant will
be executed and allocated in the sequence in which
they are received and recorded by the Macquarie
Participant, unless it would be fair and equitable to
allocate Contracts obtained in respect of similar orders
on the same day on a different basis, in which case the
Macquarie Participant may, at its discretion, so allocate
those Contracts.
(h) any trades conducted by Market Participants of
a Financial Market are conducted as principals
between those Market Participants notwithstanding
that in entering into those transactions they may be
acting on the instructions of clients;
(i) the Macquarie Participant (or any third party Market
Participant appointed by it) will accordingly incur
a personal obligation when dealing in the Client
Contracts;
(j) any benefit or right obtained by the Macquarie
Participant (or any third party Clearing Participant
appointed by it) upon registration of a Client
Contract with a Clearing House by way of
assumption of liability by that Clearing House under
any Client Contract or any other legal result of that
registration is personal to the Macquarie Participant
(or the third party Clearing Participant appointed
by it) and the benefit of that benefit or right or other
legal result does not pass to Macquarie or the
Client;
(k) in relation to all Trades conducted on a Financial
Market by the Macquarie Participant (or any third
party Market Participant appointed by it) and all
Client Contracts registered by the Macquarie
Participant (or any third party Clearing Participant
appointed by it) with a Clearing House, neither
MEL nor the Client has any rights whether by way
of subrogation or otherwise against either the
Financial Market or the Clearing House; and
6. Clearing of Trades
6.1
(l) although MEL acts as agent for the Client in
placing Trades through the Market Participant, MEL
and the Macquarie Participant act as principals
in relation to those Trades and the Client has no
rights whether by way of subrogation or otherwise
against the Macquarie Participant.
The Client acknowledges that the Macquarie
Participant will not accept any clearing responsibility in
relation to a Trade, and will not be liable to MEL or to
any other person if:
(a) the relevant Financial Market or Clearing House
does not permit the recording of the clearing of that
Trade by the Macquarie Participant (or a third party
Clearing Participant appointed by it) or accepts the
clearing of that Trade subject to conditions; or
(b) The Macquarie Participant (or the third party
Clearing Participant appointed by it) does not
trade, or after the date of this Agreement ceases to
trade on the Financial Market to which that Trade
relates or ceases to be a Clearing Participant of the
relevant Clearing House.
6.2
8
Upon registration of a Client Contract with the Clearing
House in the name of the Macquarie Participant or
the third party Clearing Participant appointed by it, the
Client acknowledges that the Macquarie Participant
or the third party Clearing Participant appointed by it
incurs obligations to the Clearing House as principal,
even though the Client Contract may have been
entered into pursuant to instructions given by the Client
to MEL under this Agreement.
6.3
MEL will furnish to the Client confirmation of all Trades
cleared by the Macquarie Participant or the third
party Clearing Participant appointed by it as soon as
practicable after the close of trading on the day the
Trade was cleared.
6.4
None of MEL, the Macquarie Participant or any third
party Clearing Participant appointed by it is required to
act in accordance with any instructions given by or on
behalf of the Client, where to do so would constitute a
breach of the Rules or the Derivatives Law.
7. Principal Trading
(b) provision of the tapes and the disclosure of any
information contained on the tapes to regulatory
and self regulatory bodies, such as the ASX24, to
assist in the resolution of any dispute.
8.4
The Client will have the right to listen to any recording
in the event of a dispute or anticipated dispute,
provided the Client has paid to Macquarie its
reasonable costs to comply with that request (subject
to availability).
9. Deposits and Margins
The Client agrees and acknowledges that:
7.1
The Client is aware that:
(a) each of MEL and the Macquarie Participant may
trade for itself as principal on its own account; and
(b) the directors, employees or related bodies
corporate of MEL and the Macquarie Participant
may trade on their own account from time to time.
7.2
The Client further acknowledges and agrees that it is
aware that in the same trading MEL or the Macquarie
Participant may either on its own account or on behalf
of other clients take an opposite position to that taken
in a Client Contract, and the Client acknowledges the
right of Macquarie or the MEL Participant to do so,
and consents to Macquarie or the MEL Participant
so doing.
8. Electronic recording of
telephone conversations
8.1
The Client agrees and consents to the electronic
recording by Macquarie (or by a Licensed Market
or any other person on behalf of Macquarie) of the
Client’s telephone conversations with Macquarie or the
Licensed Market or with any of its agents or employees
or the agents or employees of any of its related bodies
corporate, with or without an automatic tone warning
device.
8.2
In the absence of manifest error, the Client and
Macquarie agree in the event of a dispute that a
recording of the matters to which the dispute relates
(or any copy of that recording) will be prima facie
evidence of its contents.
8.3
Notwithstanding any other arrangements relating to
the use of personal information by Macquarie, where
the tape recording collects ‘personal information’ as
that term is defined in the Privacy Act 1988 (Cth), the
Client consents to the following use and disclosure of
the personal information contained on the tapes by
Macquarie:
(a) use of the tapes for its internal purposes, including
assisting it in resolving any dispute;
(a) the Client must provide Macquarie with telephone
access to the Client, twenty-four (24) hours a day
while holding an open position in a Contract;
(b) Macquarie may at any time and from time to
time make calls for payment of sums (or, in
the alternative, call for lodgement of Approved
Securities) by way of Deposit or Margin as
Macquarie reasonably considers necessary to
protect Macquarie from any liability incurred, or
which may be incurred, by it in dealing in Client
Contracts;
(c) should the Client fail to pay Deposit or Margin (or
lodge Approved Securities) then Macquarie may
(without prejudice to any other rights or powers
under this Agreement) and without creating an
obligation to do so, Close Out without notice, any
or all of the Client Contracts;
(d) the time for payment of Deposit or Margin is of
the essence and if no other time is stipulated by
Macquarie prior to calling Deposit or Margin then
the Client is required to comply within twenty-four
(24) hours or, in times of extreme price volatility, as
it becomes due;
(e) liability to pay Deposit accrues at the time the Trade
is executed regardless of when a call is made;
(f) liability to pay Margin accrues at the time the
Margin comes into existence regardless of when a
call is made;
(g) the Client’s liability in respect of calls for Margin
and Deposit is not limited to the amount, if any,
deposited with Macquarie;
(h) the Client is responsible to pay in cash any deficit
owing after closure of any Client Contract and
if the Client defaults in payment of that deficit
Macquarie may realise any Approved Securities,
including any property or other collateral lodged by
way of Deposit or Margin, held by it and apply the
proceeds against that deficiency;
(i) in the event the Client defaults in payment of
a deficit pursuant to sub-clause (h), the Client
must, at its own expense, promptly execute such
documents and other instruments as Macquarie
9
may reasonably require and (if Macquarie or the
Macquarie Participant exercises its power of sale
or disposal in relation to Approved Securities)
do everything and sign everything reasonably
requested by Macquarie which is in the Client’s
power to enable the sale or disposal of the
Approved Securities and any registration required,
including granting Macquarie or the Macquarie
Participant a power of attorney to sign any relevant
documents or instruments on the Client’s behalf; and
(j) Macquarie will not call any Deposit or Margin for an
amount less than the minimum Deposit or Margin
required by the Financial Market on which the
relevant Trade was executed.
10. Client’s default
10.1
For the purposes of this Agreement, the occurrence
of any of the following events will constitute the
occurrence of an ‘Event of Default’:
(a) if the Client or the Guarantor becomes bankrupt
or enters into a composition or arrangement for
the benefit of creditors or being a company goes
into liquidation voluntarily or otherwise (except for
the purpose of reconstruction) or enters into any
compromise or arrangement with or assignment
for the benefit of any of its creditors or members
or if any liquidator, receiver, manager, receiver and
manager, managing controller or official manager
is appointed;
(b) if the Client or the Guarantor makes any
representation that is incorrect or misleading in any
material way with the result that loss or damage is,
or is likely to be, suffered by Macquarie;
(c) if any guarantee of, or security for, the Client or
the Guarantor’s obligations is, without the consent
of Macquarie, withdrawn or becomes defective
or insufficient;
(d) if the Client or the Guarantor fails to meet a call for
Deposit or Margin or lodge Approved Securities
or fails to meet any other obligation under this
Agreement, including settlement of a Client
Contract;
(e) if the Client or the Guarantor, being a natural
person, dies or becomes of unsound mind or
whose person or estate is liable to be dealt with in
any way under the law relating to mental health;
(f) if the Client or the Guarantor imposes a moratorium
on payments to creditors or ceases or threatens to
cease carrying on business;
(g) if, in the absence of the Client making alternative
arrangements, the Client is not contactable by
Macquarie for any period of twenty-four (24) hours
in order for Macquarie to obtain instructions;
10
(h) if the conduct of the Client is such that it would
cause a reasonably prudent Australian Financial
Services Licensee authorised to advise and deal in
Derivatives to be of the view that the Client would
be unable to comply with all the Client’s obligations
under this Agreement, including (without limitation)
strict compliance with any time limit.
10.2
Upon the occurrence of an Event of Default
Macquarie may:
(a) Close Out any or all of the Client’s Contracts;
(b) Close Out, exercise or abandon any option not
yet exercised;
(c) cover option positions by entering into further
Client Contracts;
(d) take any other action that a reasonably prudent
Australian Financial Services Licensee authorised to
advise and deal in Derivatives would be expected
to take in the circumstances to protect the
personal obligation incurred when dealing on behalf
of the Client;
(e) sell any or all of the Client’s property lodged with
Macquarie, including without limiting the generality
of the foregoing, any Approved Securities and the
Client agrees that Macquarie must liquidate the
property as quickly as possible and is not obligated
to liquidate the property at the best possible price;
(f) satisfy any obligation the Client may have to
Macquarie by transferring from the Client’s other
account(s), if any, whether carried or managed by
Macquarie, such funds as may be required for this
purpose; and
(g) exercise any other power or right which Macquarie
may have under this Agreement or in law or equity.
11. Interest
(a) MEL shall pay to the Client credit interest on any
credit balances in its Futures account at the rate
of interest specified in the PDS.
(b) The Client shall pay to MEL debit interest on any
negative balances in any currency in its Futures
account, or any other amounts owing under this
Agreement, at the rate of interest specified in the
PDS.
(c) In addition if all of the Client Contracts are Closed
Out and following that Close Out, the balance of
the Client’s Futures account is less than zero the
Client shall pay default interest to MEL at the rate
specified in the PDS.
(d) Interest will accrue on the balance of any amount
owing and will be calculated on a daily basis
from (and including) the date when that amount
becomes due to (but excluding) the date of final
payment of the amount in full, assuming a 365
day year. Interest will be credited or debited to the
Futures account at the end of each month.
12. Commissions, fees, expenses
13. Exchange rate risk
In addition to paying interest in accordance with clause
11, the Client agrees to pay:
(a) If the Client defaults under the terms of this
Agreement, MEL may elect to convert any amount
owed by the Client (including any interest) into
Australian currency either at the date of the Client’s
default or on the date on which the Client pays the
amount owed to MEL in full.
(a) Brokerage;
(b) Platform Fees;
(c) Derivative Exchange Fees (to the extent such fees
are not included in the Brokerage); and
(b) MEL and the Client agree and
acknowledge that:
(d) all stamp duty, duties and taxes payable on this
Agreement or in connection with dealings in Client
Contracts or both;
(i) the Client bears all exchange rate risks;
(ii) if the Client at any time requests MEL to convert
any amount (whether payable by the Client or
owing to the Client) into another currency, MEL
may, but is not obliged to, arrange or enter into
a foreign exchange transaction on behalf of the
Client. MEL will execute the foreign exchange
transactions on a best endeavours basis only
and is not liable for the effects of any
currency movements.
(e) all amounts payable as a result of making or
taking delivery or making a cash adjustment in
accordance with the terms of a Client Contract;
(f) all amounts reasonably incurred by Macquarie as a
result of the Client’s default under the terms of this
Agreement, including (without limitation) all legal
costs and expenses on a solicitor/client basis;
(g) any other proper charges incurred by either MEL
or the Macquarie Participant in relation to the
Client Contracts (but excluding any Brokerage
and fees that will be paid by Macquarie out of the
Brokerage, any interest that will be paid by MEL
out of the debit interest and default interest referred
to in clauses 11(b) and 11(c));
14. Trust accounts
14.1
(a) all of the money deposited with MEL by the Client,
or received by MEL for, or on behalf of the Client,
will be paid into a bank account with an Australian
deposit taking institution held in MEL’s name and
designated as a trust account, in accordance with
the Derivatives
Law; and
(h) in the case where:
(i) Macquarie makes any Taxable Supply; or
(ii) any indemnity payment constitutes the
consideration for any Taxable Supply (whether
in whole or in part) by Macquarie, to pay
Macquarie an additional amount so as to
ensure that, after allowing for the payment
of any GST by Macquarie (and after any
adjustment that MEL determines is appropriate
for compliance with the Competition and
Consumer Act 2010 or any other relevant law)
the net amount that Macquarie actually receives
is to Macquarie the economic equivalent of the
amount that Macquarie would have received
but for the imposition of any GST;
(i) in the case where any payment or other
consideration made or provided by Macquarie
to any person under or in connection with or for
the purpose of this Agreement or any transaction
referred to in or contemplated by it may be
increased or added to by reference to any GST,
the amount that may be necessary to reimburse
Macquarie in respect of that increase or addition;
and
(j) an additional amount equal to the amount of any
penalty or interest as a result of late payment of
any GST where that late payment arises because
of any failure by the Client to comply with the
provisions of this clause 12.
MEL and the Client agree and acknowledge that:
(b) all of the property deposited with MEL by the
Client, or received by MEL for, or on behalf of the
Client, will be held in trust and will be dealt with
in accordance with the Derivatives Law. Unless
the Client otherwise instructs, the Client agrees
that all property will be deposited with MEL in safe
custody.
14.2
MEL and the Client agree and acknowledge that in
relation to monies held in MEL’s trust account:
(a) the only monies that will paid into the trust account
will be monies related to Contracts entered into or
to be entered into on behalf of MEL’s clients and
interest on such monies;
(b) payments out of the trust account can only be
made in limited circumstances in accordance with
the Derivatives Law, including:
(i) making payments in accordance with any
directions received by the Client;
(ii) paying Brokerage, interest and other monies
owed to MEL; and
(iii) defraying other proper charges and
expenses; and
11
(c) MEL will be entitled to any interest earned on the
monies in the trust account however MEL will pay
interest to the Client in accordance with clause
11(a).
14.3
The Client directs MEL to pay all amounts held on
the Client’s behalf in MEL’s trust account (including
monies held in excess of any Margin requirement) and
to deliver any property held for the Client in connection
with the Client Contracts, to the Market Participant
to meet MEL’s obligations in respect of the Client
Contracts.
14.4
Where the Client wishes to pay amounts owing in
respect of its Client Contracts in a foreign currency
MEL may direct the Client to pay these amounts
directly to the Macquarie Participant.
14.5
The Client agrees and acknowledges that:
(a) any monies paid by MEL to the Macquarie
Participant pursuant to the direction in clause 14.3
or paid by the Client to the Macquarie Participant
pursuant to clause 14.4 will be held by the
Macquarie Participant on account of/in the name of
MEL in a Client Segregated Account in accordance
with the Derivatives Law;
(b) MEL is authorised to give directions in respect of
the monies held in the Client Segregated Account
of the Macquarie Participant;
(c) unless otherwise agreed in writing by MEL and the
Macquarie Participant, the Macquarie Participant
will be entitled to invest the monies in its Client
Segregated Account in accordance with the
Derivatives Law;
(d) unless otherwise agreed in writing by MEL and the
Macquarie Participant, the Macquarie Participant
will be entitled to any interest or other earnings on
monies invested in accordance
with 14.2(c);
(e) where MEL and the Macquarie Participant agree
that any interest or other earnings on monies
invested in accordance with clause 14.2(c) will be
paid to MEL then, notwithstanding that MEL is
acting as agent for the Client, MEL shall be entitled
to retain that interest for its own account provided
that MEL pays interest to the Client in accordance
with clause 11(a);
(f) the interest or other earnings earned by MEL
pursuant to sub-clause (d) may be greater than
the interest paid by MEL to the Client pursuant to
clause 11(a);
(g) in the event that there is a default in the repayment
of part or all of the principal arising from an
investment made by the Macquarie Participant in
accordance with the Derivatives Law, all losses are
to the account of the Client and will not be met by
MEL or the Macquarie Participant;
12
(h) while the money paid by MEL under the direction
in clause 14.3 is segregated from the Macquarie
Participant’s money, it is co-mingled with that
of other clients’ of MEL and other clients of the
Macquarie Participant and in the event of a default
in the Macquarie Participant’s Client Segregated
Account, the Macquarie Participant has the
right to apply the monies held in the Macquarie
Participant’s Client Segregated Account to meet
the default, irrespective of whether the default was
caused by the Client’s default or not;
(i) any losses suffered as a result of the Macquarie
Participant applying money in accordance with
sub-clause (h) will be for the account of the Client;
(j) in accordance with the Derivatives Law and the
Rules, the Macquarie Participant is entitled to
make the following withdrawals from its Client
Segregated Account:
(i) all amounts of Deposit, Margin and option
premium in respect of Client Contracts;
(ii) all proper charges and expenses incurred in
respect of Client Contracts which will include
Exchange Fees any amounts required to be
paid to any third party Market Participant
or Clearing Participant appointed by the
Macquarie Participant;
(iii) amounts of interest and brokerage to which the
Macquarie Participant is entitled; and
(iv) withdrawals made in accordance with MEL’s
directions;
(k) where the Client has requested a withdrawal of
amounts standing to the credit of the Client’s
Futures account and has directed that such
payment should be made to its nominated bank
account, MEL will direct the Macquarie Participant
to withdraw such amounts (after deducting any
Brokerage, Derivative Exchange Fees, Platform
Fees, interest or other amounts owing to MEL)
from the Macquarie Participant’s Client Segregated
Account and pay them directly to the Client’s bank
account;
(l) MEL will be entitled to request a withdrawal of
amounts equal to the Brokerage, Platform Fees,
interest and other amounts that are owing by the
Client to MEL in respect of its Client Contracts,
(after deducting any Brokerage and interest owing
to the Macquarie Participant and any Derivative
Exchange Fees and other proper charges
payable in respect of the Client Contracts) from
the Macquarie Participant’s Clients Segregated
Account and to retain these amounts for its own
account; and
(m) where MEL requests a withdrawal of any other
amounts which are held in the Client Segregated
Account of the Macquarie Participant such
amounts will be paid into MEL’s
trust account.
14.6
The Client acknowledges and agrees that any
property that is transferred to the Macquarie Market
Participant and Clearing Participant may also be used
by the Macquarie Participant in accordance with the
Derivatives Law and Rules.
(b) the acceptance of clearing responsibility for the
Trade would result in a Clearing Limit
being exceeded.
16.4
15. Appointment of Attorney
The Client agrees and acknowledges that:
(a) in relation to Trades effected on the ASX24, the
Client irrevocably appoints the Managing Director
of ASX24 Clear as Macquarie’s attorney to exercise
the powers conferred upon that person under the
relevant Rules including, without limitation, to do
all things necessary to transfer any open position
held by the Macquarie Participant on MEL’s behalf
to another Market Participant where the Macquarie
Participant has been suspended or terminated as a
Market Participant of the ASX24; and
If MEL or the Macquarie Participant reasonably
believes that an undesirable situation of the kind
described in the Rules of the Licensed Market on
which the Trade or Client Contract is executed
has occurred or is likely to occur in relation to any
Client Contract or underlying commodity, MEL or
the Macquarie Participant, as the case may be, will
be entitled, on giving the amount of notice that it
considers reasonable, to Close Out, sell or terminate
any Client Contract referred to in that notice.
17. Indemnity
17.1
Without limiting any other indemnity that may be
detailed in this Agreement, the Client is responsible
for all expenses, liabilities, fines, claims, suits, actions
and demands and any other amounts in relation to any
Contract, or arising out of any default, whether by act
or omission, by the Client under this Agreement or in
relation to anything lawfully done by MEL, its officers,
agents, employees or related bodies corporate in
accordance with or incidental to this Agreement or
by reason of or in connection with MEL, its officers,
agents, employees or related bodies corporate
complying with any Rule, direction, request or
requirement of a Financial Market or Clearing House or
other regulatory authority, court or tribunal.
16. Rights of MEL and Macquarie
Participant to impose limits
and to refuse to deal
17.2
Should any act or omission by the Client, whether
in respect of the giving or taking of delivery of an
underlying commodity or otherwise, result in a fine
or fines or other penalty which causes MEL loss or
damage of any kind, the Client is liable to MEL in
respect of that loss or damage.
16.1
17.3
The indemnities referred to in this clause 17 will not
apply to the extent that any expenses, fines, liabilities,
claims, suits, actions or demands incurred are the
direct result of any fraud, negligence or dishonesty of
MEL, its officers, agents, employees or related bodies
corporate.
17.4
Without limiting clauses 17.1 and 17.2, if the Client fails
to take or make delivery of any underlying commodity
upon the expiration of any Contract, MEL may do so
on behalf of the Client and the Client agrees to pay
all costs and expenses of MEL doing so including
(without limitation) the cost of acquisition, insurance
and storage of any commodity.
17.5
MEL does not accept or bear any liability or
responsibility in relation to currency exchange rate
risks, including, without limitation, where a Client pays
Margin or Deposits in a currency other than
Australian currency.
(b) in relation to Trades effected on the ASX,
Macquarie has irrevocably and severally appointed
the ASX, ASX Clear, and every director, manager
and assistance manager for the time being of ASX
or ASX Clear Pty Limited, at the option of ASX or
ASX Clear Pty Limited (as applicable) to do all acts
and execute all documents on Macquarie’s behalf
for the purpose of exercising the powers conferred
on the ASX or ASX Clear under the Rules.
MEL or the Macquarie Participant may at any time:
(a) refuse to deal in any Client Contract (other than
Closing Out the Client’s existing open positions);
(b) impose a limit, either in monetary terms or in
number of Trades or both, as to the number of
Trades, or open positions held on behalf of the
Client, or both; and/or
(c) impose a Clearing Limit.
16.2
Where MEL refuses to deal in any Client Contracts
pursuant to clause 16.1(a), MEL will inform the Client
of that refusal at or before the time of the Client placing
the order or as soon as possible thereafter.
16.3
The Macquarie Participant may decline to accept
clearing responsibility for a Trade if:
(a) a Clearing Limit has been exceeded; or
13
17.6
(c) If the Client has not:
MEL does not accept or bear any liability in respect
of the operation of an Exchange System, whether for
any breach of a provision of any relevant legislation,
negligence, injury, death, loss of profits, loss of files,
data or use, economic loss, loss of reputation or
losses or damages incidental or consequential to
the operation of any Exchange System except to the
extent that it is caused by the negligence, fraud or
dishonesty on the part of Macquarie, its employees or
agents in relation to Macquarie’s activities an Australian
Financial Services Licences holder authorised to deal
and advise in derivatives.
(i) Closed Out an open Client Contract prior to the
first day on which notice requiring delivery can
be given or received in respect of that Client
Contract; or
(ii) obtained the consent of MEL to the making or
taking of delivery under that Client Contract,
the Client shall have defaulted, and MEL may
exercise any rights or powers under clause 10.2,
or any other provision of this Agreement.
(d) Notwithstanding sub-clause (a), if the Client is
obliged to make or take delivery under a Client
Contract, the Client shall make or take delivery in
accordance with the terms of the relevant Client
Contract and at the place where the Clearing
House of the Financial Market on which the dealing
took place notifies the Macquarie Participant or
MEL that delivery is required to be made or taken.
18. Termination
18.1
Without affecting any existing obligations or liabilities,
either the Client or MEL may terminate this Agreement
at any time by giving the other notice in writing to that
effect, whereupon the provisions of clause 18.2 will
apply.
18.2
Upon termination of this Agreement in accordance with
clause 18.1, unless otherwise agreed in writing, MEL
may instruct the Macquarie Participant to Close Out,
abandon or exercise all Client Contracts.
20. Notice
20.1
MEL will provide the Client with confirmation of
derivative transactions as required by the Derivatives
Law and, unless objected to by the Client within two
(2) Business Days of being deemed to be received by
the Client, the confirmation and any other statements
given to the Client (including, where applicable,
monthly statements and open position statements) will
be prima facie evidence as to their contents.
20.2
A notice is deemed to be received by a party
(recipient):
19. Delivery
19.1
Where a Client Contract is able to be settled by
physical delivery of the underlying commodity or
instrument, the following provisions shall apply:
(a) The Client agrees and acknowledges that MEL is
entitled to prohibit the Client from making or taking
delivery in accordance with the terms of any Client
Contract;
(b) Notwithstanding sub-clause (a), MEL may in
its absolute discretion, but without creating an
obligation to do so, allow the Client to make or take
delivery in accordance with the terms of the Client
Contract on the following conditions:
(i) the Client at least five (5) Business Days prior
to the first day on which notice requiring
delivery can be given or received in respect of
that Client Contract notifies MEL in writing of
the Client’s intention to give or take delivery
and provides MEL such evidence as MEL
reasonably requests to show that the Client
will be able to deliver or receive delivery in
accordance with the Client Contract; and
(ii) the Client lodges with MEL such amounts of
money, Approved Securities or other property
as MEL nominates and in such manner and at
such time as MEL directs.
14
(a) where it is delivered to the recipient personally or
delivered to the recipient’s address, at the time of
delivery;
(b) where it is posted to the recipient, on the day
which is two (2) Business Days after the day on
which it is posted;
(c) where it is sent electronically:
(i) if the electronic message travels directly to
the recipient, at the time when it enters the
recipient’s system; or
(ii) in all other cases, at the time when the
electronic message enters the first system
outside the control of the sender;
(d) where it is sent to the recipient by facsimile or telex:
(i) in the case of a telex transmission - on receipt
by the transmitting machine of the answerback
code of the recipient;
(d) Upon Macquarie’s request, the Client will destroy
or return all materials associated with Macquarie
Provided Online Platforms to Macquarie, including
any expressions or copies of intellectual property
in Macquarie Provided Online Platforms, the
Information or related documentation;
(ii) in the case of a facsimile transmission - on
production of a transmission report by the
transmitting machine indicating that the notice
was sent in its entirety to the facsimile number
of the recipient as last notified to the sender;
(e) where it is sent or posted to the recipients’
password protected information accessed via
Macquarie Online, at the time of posting; or
(e) the Client’s access to Macquarie Provided Online
Platforms will be terminated if found in breach of
this clause 21.1;
(f) in any other case, when it is actually received by
the recipient.
(f) Macquarie may, but is under no obligation to,
provide on-going support services in relation to
Macquarie Provided Online Platforms, whether
by providing advice, training, error correction,
modifications, updates or otherwise; and
21. Macquarie Provided Online
Platforms
21.1
(g) Macquarie will execute a Client order as it is
received by Macquarie under Macquarie Provided
Online Platform and that the order of receipt of a
Client’s order may not necessarily correspond with
the sequence in which the Client made the order
using Macquarie Provided Online Platforms.
The Client agrees and acknowledges;
(a) the Client will be liable for the conduct of its
Authorised Representatives in connection with
Macquarie Provided Online Platforms and the Client
warrants that any Authorised Representatives who
access Macquarie Provided Online Platforms will
comply with this Agreement;
(h) the Client may only place orders through
Macquarie Provided Online Platforms for Client
Contracts approved by Macquarie on Financial
Markets approved by Macquarie;
(b) that data made available to the Client by access
to Macquarie Provided Online Platforms is not the
property of Macquarie and remains the valuable
property of the Financial Market or other third
party and that the Client is prohibited from publicly
displaying re-distributing or re-transmitting the data
in any way without having executed a Market Data
Distribution Agreement or similar agreement with
the Financial Market or other third party;
(i) there may be risks as to the quality and
performance of the information, software,
programs, hardware, telecommunications
equipment, manuals and other materials and/or
services; and
(j) neither Macquarie nor any of Macquarie’s third
party providers gives any assurance that the
information, software, programs, hardware,
telecommunications equipment, manuals and other
materials and services, in whole or in part, will meet
the Client’s requirements, be error free, or operate
without interruption.
(c) The Client shall not:
(i) modify, alter, copy or otherwise reproduce,
reverse engineer, decompile or disassemble
Macquarie Provided Online Platforms,
Information or any related documentation
provided by Macquarie;
(ii) adapt or create any derivative works based
upon such intellectual property or otherwise
incorporate such intellectual property into any
of the Client’s own intellectual property;
(iii) assign, rent, sub-license, lease, transfer
or otherwise provide Macquarie Provided
Online Platforms, the Information or related
documentation (whether in whole or in part) to
any third party unless otherwise authorised in
writing by Macquarie;
(iv) engage in any other form of data stripping,
infringe any intellectual property rights that
Macquarie or any third party provider has
in Macquarie Provided Online Platforms or
incorporate any part of Macquarie Provided
Online Platforms into its own inventions or other
intellectual property for which it may claim for
legally protected proprietary rights; and
21.2
The Client undertakes:
(a) to ensure that the Client and its Authorised
Representatives only access Macquarie Provided
Online Platforms in a manner which ensures
fairness, efficiency and ongoing protection of
market integrity and must comply with all relevant
trading rule requirements and Corporations
Act requirements relating to anti-fraud, antimanipulation, conduct that is likely to mislead or
deceive, and any other requirements regulating
abusive market conduct;
(b) to accept all responsibility for the genuineness
and accuracy, both as to content and form, of any
such instruction and for all resulting activity initiated
by Client or on Client’s behalf using Macquarie
Provided Online Platforms, including without
limitation, all orders entered and trades executed;
15
(d) the limits are not a guide or recommendation of
acceptable trading levels for the Client and the Client
agrees that it relies on its own financial and risk
assessments to determine internal trading limits. It is
the Client’s sole responsibility to monitor trading and
prevent trades in excess of the limits placed by MEL;
(c) to follow and abide by any policy and operational
guidelines provided by Macquarie or the Financial
Market in relation to security procedures, access
and denial to Macquarie Provided Online Platforms,
and to risk management issues and that the Client
will not engage in any conduct that interferes with
Macquarie’s compliance with the Financial Market’s
Rules or Macquarie’s contractual obligations to the
Financial Market;
(e) trading outside agreed limits requires MEL’s prior
consent in writing;
(f) subject to sub-clauses (a) and (e), trading in excess
of the order and/or position limits is a breach of this
clause 21; and
(d) to ensure that only Authorised Representatives that
have been authorised by Macquarie have access to
Macquarie Provided Online Platforms;
(e) to at all times maintain adequate security
measures to prevent unauthorised access to,
use of or damage to Macquarie Provided Online
Platforms including, without limitation, protecting all
passwords issued by Macquarie to the Client and,
if the security measures are breached at any time,
to immediately inform Macquarie and take any
action that Macquarie reasonably requires;
(f) to immediately inform Macquarie as
soon as becoming aware of any delay in
telecommunications services to it, interrupted
service, errors, faults or inaccuracies in the
provision of service or inaccuracies generally and to
take any action that Macquarie reasonably requires;
(g) not to modify, alter, translate, decompile or reverse
engineer Macquarie Provided Online Platforms or
attempt to do any of these things with respect to
Macquarie Provided Online Platforms or engage in
any other form of data stripping and not to infringe
any intellectual property rights that Macquarie or
the third party service provider has in Macquarie
Provided Online Platforms; and
(h) to maintain all necessary permits and licences
required under the laws of the relevant jurisdiction
necessary for the conduct of its business.
21.3
The Client agrees and acknowledges that in relation to
order and/or positions limits the following:
(a) the Client and MEL must agree in writing to predetermined order and/or position limits, including
volume per order limit, an aggregate loss limit
and an aggregate net session limit, for the Client’s
trading in Client Contracts on Macquarie Provided
Online Platforms;
(b) the Client understands and agrees that orders in
excess of the agreed pre-determined limits shall be
rejected by Macquarie Provided Online Platforms;
(c) MEL may amend the pre-determined order and/
or position limit or any element thereof, and advise
the Client in writing of that amendment as soon as
practicable after making it;
16
(g) the Client will not attempt to change the settings
or limits on Macquarie Provided Online Platforms
other wise than in accordance with clause 21.
21.4
In relation to execution of order, the Client agrees and
acknowledges that:
(a) orders placed through Macquarie Provided Online
Platforms will be routed directly to the relevant
Financial Market, or where applicable to a third
party execution service, without any intervention by
Macquarie or any other person (other than through
the application of any credit or other electronic
filters that Macquarie or a third party broker may
impose for its own risk management purposes) and
that there is no assurance that any such orders will
be executed at any particular price or time, or that
they will be executed at all;
(b) Functionalities available through Macquarie
Provided Online Platforms, including synthetic
order types, may not be recognised by an Financial
Market and order types and terminology employed
by one Financial Market may not correspond
with the order types and terminology employed
by another Financial Market or the Functionalities
available through Macquarie Provided Online
Platforms;
(c) the Client is solely responsible for:
(i) satisfying itself that any orders it places using
the Functionalities available through Macquarie
Provided Online Platforms on a Financial Market
will be recognised by that Financial Market
and correspond to an order type that may be
executed on that Financial Market;
(ii) ensuring that any orders placed through
Macquarie Provided Online Platforms and any
resulting contracts are in compliance in all
respects with Applicable Law; and
(iii) any model based trading devised and
implemented by it, and any order generated by
it through the use of Macquarie Provided Online
Platforms and any external system or program.
through Macquarie Provided Online Platforms or
interruption of such transmission, or any erroneous
communications through Macquarie Provided
Online Platforms;
(d) where synthetic order types are made available
to the Client through Macquarie Provided Online
Platforms, the Client acknowledges that synthetic
order types are triggered by market data received
through Macquarie Provided Online Platforms from
an Financial Market and that any interruption in
receipt of such market data may affect the way in
which a synthetic order is triggered.
21.5
(b) any support services provided in relation to
Macquarie Provided Online Platforms;
(c) any failure by a Financial Market to recognise
Functionalities, including synthetic order types,
available through Macquarie Provided Online
Platforms;
Access to Macquarie Provided Online Platforms may
be terminated;
(a) by the Client or Macquarie at will, by notice in
writing to the other party;
(d) any failure of a synthetic order type to be triggered
by Macquarie Provided Online Platforms;
(b) by Macquarie immediately without notice upon the
happening of any one of the following:
(e) any decision made or action taken in reliance upon
information to which the Client had access through
Macquarie Provided Online Platforms or which
arose out of the use or inability to use Macquarie
Provided Online Platforms, unless such loss, cost,
damage, liability or expense suffered has been
caused by the negligence or default of Macquarie
or its third party providers.
(i) termination of the Macquarie Futures Trading
Agreement by either party;
(ii) breach by the Client of the Macquarie Futures
Trading Agreement;
(iii) any use by the Client of software in conjunction
with Macquarie Provided Online Platforms
which is identified by a third party as allegedly
infringing that third party’s intellectual property
rights;
(iv) upon request by a Financial Market, Clearing
House or regulatory body or a change in the
rules or regulations of a Financial Market,
Clearing House or regulatory body such
that Macquarie is required to terminate the
Client’s access to Macquarie Provided Online
Platforms; or
22.1
MEL will make available to the Client a foreign currency
exchange facility (‘FX Facility’) within the Client
Segregated Account of the Macquarie Participant and
only for the purposes of facilitating futures trading on
foreign Derivatives Exchanges.
22.2
The Client appoints MEL as its agent for the purpose
of dealing in foreign exchange transactions on the
Client’s behalf.
(c) any such termination will have no effect upon any
party’s rights arising out of orders placed through
Macquarie Provided Online Platform prior to such
termination.
22.3
MEL will appoint a broker (which may be a related
body corporate) to execute foreign exchange
transaction orders (‘FX Orders’) the Client places with
MEL.
Macquarie or its third party providers accept no liability
for any loss, cost, damage, liability or expense suffered
by the Client or any other person as a result of or in
connection with:
22.4
The Client may only place FX Orders with MEL through
a Macquarie Futures broker by telephone or by email.
22.5
Once MEL has received, accepted and confirmed the
FX Order, the FX order will be legally binding and the
Client may not amend or cancel the FX Order.
22.6
MEL may, in its absolute discretion, accept or reject
any FX Order placed by the Client.
22.7
In placing an FX Order with a broker MEL may, in its
absolute discretion, enter into either:
(v) upon termination by any third party provider
of Macquarie’s access and use of Macquarie
Provided Online Platforms.
21.6
22. Foreign currency exchange
facility
(a) the proper functioning or use of Macquarie
Provided Online Platforms or any related software,
programs, hardware, telecommunications
equipment, manuals and other materials,
including, without limitation, the correctness,
quality, accuracy, security, completeness, reliability,
performance, timeliness, pricing of Macquarie
Provided Online Platforms, any delays, interrupted
service or suspension of access to or service
of Macquarie Provided Online Platforms, any
omission, malfunction, breakdown or failure
of Macquarie Provided Online Platforms, any
inability to effect or cancel orders communicated
through Macquarie Provided Online Platforms,
any inaccuracy or loss of data transmitted
(a) a same day foreign exchange transaction, which
will normally settle on the same day that the FX
Order has been executed; or
(b) a spot trade foreign exchange transaction, which
will normally settle two (2) business days after the
FX Order has been executed.
17
22.8
When MEL places an FX Order the broker will execute
the FX Order at the prevailing market rate and this rate
will reflect any fees, charges or margin payable to the
broker. The price achieved will not be communicated
to the Client until the FX Order settles in the Client
Segregated Account of the Macquarie Participant.
23. General
23.1
23.2
23.3
No failure, delay, relaxation or indulgence on the part
of MEL in exercising any power or right conferred
upon it under this Agreement or otherwise will operate
as a waiver of that power or right, nor will any single
or partial exercise of any power or right preclude any
future exercise of that power or right.
If any term or part of this Agreement is invalid or not
enforceable in accordance with its terms, all other
terms or parts which are self-sustaining and capable of
separate enforcement without regard to the invalid or
unenforceable term or part will be and continue to be
valid and enforceable in accordance with their terms.
23.4
If following a variation to this Agreement, the Client
no longer wishes to maintain their Futures account
with MEL, the Client may terminate this Agreement
in accordance with clause 18. We will not charge the
Client any exit or termination fees but the Client will be
required to satisfy any current obligations or liabilities
prior to the termination becoming effective.
23.5
This Agreement will be governed by and construed in
accordance with the laws of New South Wales and
each party submits to the non-exclusive jurisdiction of
the Courts of New South Wales.
23.6
The Client acknowledges to MEL that there are risks
involved in dealing in Client Contracts and accepts that
those risks are for the account of
the Client.
23.7
MEL will not in any way be liable for any damages, loss
or injury suffered or incurred (physical, pecuniary or
otherwise), by the Client as a result of or arising out of,
or in connection with:
(a) any misinterpretation of any information provided by
or on behalf of MEL relating to a transaction entered
into or proposed to be entered into by MEL pursuant
to this Agreement;
MEL may vary the terms of this Agreement by giving you
notice of the variation in the following manner:
(a) where the variation would cause the Client
detriment, by giving the Client at least 21 days
written notice;
(b) any forecast, opinion or statement of intention
to the Client in relation to price movements
or positions or to the likely profitability of any
transaction or any Client Contract;
(b) where the variation would not cause the Client
detriment, by giving the Client at least 14 days
notice, such notice to be given by:
(c) any delay in the transmission or execution of any
order or instruction given or placed by the Client;
(d) any delay in any communication due to breakdown
or failure of transmission or communication
facilities;
(i) posting notice of the changes on our website;
or
(ii) any other form of written notice; and
(e) any action or failure by Macquarie to place and
activate a stop loss order;
(c) subject to (a), where the variation is required in
order to:
(f) other causes beyond Macquarie’s reasonable
control.
(i) meet regulatory requirements;
(ii) reflect new industry guidance and codes of
practice which in our reasonable opinion are
likely to raise standards of consumer protection
(whether mandatory or voluntary); or
(iii) comply with any legal requirement, or any
decision, code, recommendation, guidance or
standard of any regulatory authority, court or
tribunal;
by giving the Client at least 14 days’ notice,
such notice to be given by:
(i) posting notice of the changes on our
website; or
(ii) any other form of written notice.
Hard copy versions of the revised Agreement will be
sent to the Client on request.
18
23.8
The persons named in the Futures Trading application
(or otherwise by written notice provided to MEL) as
Authorised Representatives are each authorised to
instruct MEL under this Agreement to enter into Client
Contracts on the Client’s behalf. The Client may invest
any other person with similar authority by giving notice
in writing to MEL accompanied by the name of the
person to be so authorised and executed by the Client.
23.9
The authority of a person to instruct MEL under this
Agreement or to enter into a Client Contract may be
withdrawn by the Client and notice in writing will be
given by the Client to MEL of such withdrawal.
23.10 Nothing in this clause 23 will prevent the Client being
bound by the terms of any Client Contract entered
into, or other action taken by Macquarie pursuant
to instructions given to Macquarie by a person not
authorised under this clause, if it would have been
reasonable in the circumstances to infer the authority
of the Client in relation to those instructions.
Client to be performed, observed and fulfilled under
this Agreement (whether or not that performance,
observance or fulfilment is or may for any reason be
unenforceable either in whole or in part).
23.11 Macquarie will be entitled to assume:
(a) the genuineness and authenticity of any
instructions given or purportedly given by or on
behalf of the Client;
(b) if the Client has not given a notice of revocation of
any person previously authorised, that the person
giving instructions to Macquarie is authorised by
the Client to do so; and
25.2
As a separate and additional liability (which is
not intended be read down by clause 25.1) each
Guarantor jointly and severally with each other
Guarantor is responsible for all costs, losses and
expenses which MEL may suffer or incur consequent
upon or arising directly or indirectly out of any
breach or non-observance by the Client of any of
its obligations under this Agreement. This indemnity
will continue in full force and effect despite that as a
consequence of that breach or non-observance MEL
has exercised any of its rights under this Agreement
and despite that the Client may enter into liquidation
either voluntarily or otherwise and despite that the
guarantee as to performance observance and fulfilment
given in clause 25.1 may for any reason whatsoever be
unenforceable either in whole or in part.
25.3
The liability of a Guarantor under this Agreement
will not be affected by the granting of time or other
indulgence or concessions by MEL to any person
or by the compounding, compromise, release,
abandonment, waiver, variation, relinquishment or
renewal of any of the rights of MEL against the Client
or any other person or of the terms of any Contract or
of any security or by any neglect or omission to enforce
those rights, terms or security or by any other act,
matter or thing which under the law relating to sureties
would or might but for this provision release the
Guarantor from any obligations under this guarantee
and indemnity.
25.4
This guarantee and indemnity will continue and remain
in full force and effect until the due performance,
observance and fulfilment by the Client of all
obligations on the part of the Client required to be
performed, observed and fulfilled under this Agreement
or any Contract provided however that if any payment
made by the Client or any Guarantor is subsequently
avoided under any law relating to insolvency or
protection of creditors that payment will not discharge
any liability of the Guarantor and MEL will be entitled
as against the Guarantor to the rights to which it would
have been entitled if that payment had not taken place.
25.5
As long as any of the obligations of the Client under
this Agreement are unperformed, unobserved or
unfulfilled (whether or not the Guarantor has become
liable to perform, observe or fulfil those obligations of
the Client) the Guarantor will not:
(c) that any person claiming to be a person, details of
whom have been given to MEL in accordance with
clause 23.8, is, in fact, that person.
23.12 Macquarie will not be obliged to make any enquiry into
any of the matters referred to in clause 23.11 and the
Client instructs Macquarie to act upon any instructions
reasonably believed by Macquarie to be genuine.
23.13 Notwithstanding any other provision in this Agreement,
you acknowledge that Macquarie at all times retains
the right not to provide any services or issue any
financial products to any applicant or Client that
Macquarie decides, in its sole discretion, that it does
not wish to supply. Macquarie is not obliged to provide
any reason for exercising its right under this clause
23.13.
24. Revised terms declared by
Licensed Market operator
24.1
If a Licensed Market operator declares:
(a) amended minimum terms (‘Amended Terms’)
that apply to agreements between MEL and the
Macquarie Participant; or
(b) new or amended Rules that affect MEL and the
Market Participant (‘Amended Rules’) then, to the
extent of any inconsistency between the terms
of this Agreement and the Amended Terms or
Amended Rules this Agreement shall be deemed to
be amended so as to reflect the Amended Terms
or Amended Rules.
24.2
MEL will post a copy of the Amended Terms or
summary of the Amended Rules on the Macquarie
website as soon as practicable after the relevant
Licensed Market operator declares them to be effective
or to be effective from a certain date.
25. Guarantors
25.1
In consideration of MEL entering into this Agreement
and agreeing to enter and/or clear Trades at the
request of the Client, each Guarantor jointly and
severally with each other Guarantor unconditionally
and irrevocably guarantees the due performance,
observance and fulfilment by the Client of its
obligations contained or implied and on the part of the
(a) in reduction of its liability under this Agreement,
raise any set-off or counterclaim available to the
Client or any co-surety against Macquarie or claim
any set-off or make any counter-claim against MEL;
(b) make any claim or enforce any right against the
Client or the Guarantor or (where a Client or the
Guarantor dies) against his estate;
19
(c) prove in competition with MEL if the Client or the
Guarantor becomes insolvent, whether in respect
of any amount paid by the Guarantor under this
Agreement in respect of any other (including
the proceeds of any security) applied by MEL in
reduction of the Guarantor’s liability under this
Agreement or otherwise; or
(d) be entitled to the benefit of any security or
guarantee now or subsequently held by MEL for
the performance, observance or fulfilment of any
obligations of the Client.
25.6
If the Guarantor has any right of proof following the
insolvency of the Client in respect of any matter not
connected with its rights as Guarantor, it will exercise
the right of proof on behalf of MEL and hold any
dividend received on trust for MEL to the extent of
the Guarantor’s liability under this Agreement. The
Guarantor will also hold on trust for MEL to the same
extent any amount received or recovered from any
co-surety by virtue of any right of contribution.
26. Your Privacy
(a) We may collect, hold, use and disclose personal
information about you to process your application,
administer and manage the products and services
sought by and provided to you, monitor, audit and
evaluate those products and services, model and
test data, communicate with you and deal with any
complaints or enquiries.
(b) You also consent to us using your personal
information for the following purposes:
(i) assessing and processing your Futures account
application;
(ii) effecting the purchase and sale of Futures
Client Contracts on your Futures account in
your name and providing related facilities and
services, including any requirement to facilitate
settlement;
(iii) communicating with you about your Futures
account application and any product or service
MEL supplies to you.
(c) We collect and record personal information through
our interactions with you and your’s nominated
adviser(s) or broker(s), including by telephone, email
or online. We may also collect personal information
from public sources and third parties including
information brokers and our service providers.
Without this information, we may not be able to
process your application or provide you with an
appropriate level of service. We are required or
authorised to collect your personal information
under various laws including AML/CTF Laws, the
Superannuation Industry (Supervision) Act 1993
(Cth), the Taxation Administration Act 1953 (Cth),
the Income Tax Assessment Act 1936 (Cth) and
20
the Income Tax Assessment Act 1997 (Cth), the
Corporations Act 2001 (Cth), Life Insurance Act
1995 (Cth), Insurance Contracts Act 1984 (Cth),
the Foreign Account Tax Compliance Act (US), and
any similar law of any country, and any related laws
designed to implement those laws in Australia as
well as any associated regulations or Rules.
(d) Where you provide us with personal information
about someone else you must first ensure that
you have obtained their consent to provide their
personal information to us based on this Privacy
Statement.
(e) We may exchange your personal information with
other companies in the Macquarie Group as well
as our service providers which are described
further in our Privacy Policy. We will supply the
adviser(s) nominated on your application form
or in a subsequent written communication
to us, and their Australian Financial Services
Licensee if applicable, with information about your
Futures account. We may also disclose personal
information to regulatory authorities (eg tax
authorities in Australia and overseas) in connection
with their lawful information requests or to meet
our legal obligations in any relevant jurisdiction.
The third parties with whom we exchange personal
information may operate outside of Australia (this
includes locations in India, the Philippines, the
United States of America and other countries
specified in our Privacy Policy). Where this occurs,
Macquarie takes steps to protect your information
against misuse or loss.
(f) We and other companies in the Macquarie Group
may use your personal information to contact
you on an ongoing basis by telephone, electronic
messages (like email), online and other means
to offer you products or services that may be
of interest to you, including offers of banking,
financial, advisory, investment, insurance and funds
management services, unless you change your
marketing preferences by telephoning us as set
out below or visiting macquarie.com.au/optout-bfs.
Under the Privacy Act, you may request access to
your personal information that we hold.
You can contact us to make such a request or
for any other reason relating to the privacy of
your personal information by telephoning us on
1800 806 310 or emailing [email protected].
Please mark communications to the attention
ofour Privacy Officer.
(g) You may also request a copy of our Privacy Policy
which contains further details about our handling of
personal information, including how you may access
or update your personal information and how we
deal with your concerns. The Privacy Policy can also
be found via macquarie.com.au.
(h) You should be aware that, from time to time, we
may record phone conversations which you may
have with a Macquarie representative in relation to
your Futures account. By completing the enclosed
application form, you consent to this recording and
its use (or any transcript of the recording) in any
proceedings that may be commenced in connection
with your Futures account and you acknowledge
that we are not obliged to maintain copies of such
recordings or transcripts for your benefit. When
calling, please let us know if you do not want your
conversation to be recorded.
27.2
(i) the money used to fund the investment is derived
from or related to money laundering, terrorism
financing or similar activities (Illegal Activities); and
(ii) proceeds of investment made in connection with
your Futures account will fund Illegal Activities.
27.3
(i) for a company, change of business name, change
of shareholders, change of directors and/or
secretary;
You agree and acknowledge:
(a) Macquarie is subject to the AML/CTF Laws and
its internal policies and procedures (collectively,
‘AML Requirements’) and may from time may need
to disclose your Personal Information (as defined
in the Privacy Act 1988 (Cth)) to comply with its
obligations under the AML Requirements. You
agree and consent to the disclosure of all Personal
Information for the purposes of this Agreement and
the AML Requirements;
(b) you must not knowingly do anything to cause
Macquarie or any of the other Macquarie Group
entities or associates (collectively, ‘Macquarie
Associates’) to breach the AML Requirements.
You agree to immediately notify Macquarie if you
are aware of anything that would cause any of the
Macquarie Associates to breach the AML/CTF
Laws;
(c) you will provide Macquarie with any additional
information and assistance required to
facilitate Macquarie’s compliance with the AML
Requirements in Australia or in an overseas
jurisdiction where Macquarie is subject to similar
anti-money laundering laws; and
(d) notwithstanding any other provision in this
Agreement, Macquarie will not be liable for any
loss, costs or damage (of any kind) incurred by you
as a result of any action Macquarie takes, pursuant
to the terms of this Agreement, which either delays
your Futures account being opened or results in
your Futures account being blocked, suspended
or declined, where Macquarie deems such action
to be necessary for its compliance with the AML
Requirements. You will be liable for any losses,
costs and expenses incurred by Macquarie if we
are found liable to a third party in connection with
any action we undertake pursuant to this subclause (d).
Notwithstanding any other provision in this Agreement,
you agree to advise Macquarie in writing and in
a timely manner if there are any changes to your
personal information, as to the following:
(i) for an individual, change of name (for example
on marriage or by deed poll) and/or change of
residential address;
27. AML/CTF Legislation
27.1
You warrant and represent that, you are not aware and
have no reason to suspect that:
(i) for a trustee, change of trustee, addition of a
settler and/or addition of a beneficiary or class of
beneficiary.
27.4
In order to process your application more efficiently,
Macquarie may wish to verify your identity
electronically. To do this, we may collect, hold, use
and disclose your personal information with other
companies in the Macquarie Group as well as our
service providers. This is described further in our
Privacy Policy, available at macquarie.com. If you are
not successfully verified electronically, you will need
to comply with the alternative identification options
provided to you.
28. Provision of tax file number
Our collection of your tax file number (TFN) is
authorised, and its use and disclosure strictly regulated
by, tax laws and the Privacy Act. You do not have to
provide us with your TFN, and declining to do so is
not an offence. If you do provide us with your TFN, we
are required to disclose your TFN to any investment
body where you invest in their products/services
through us. We are required to do this until you revoke
your quotation of your TFN. However, if you do not
provide us with your TFN (including both TFNs for joint
accounts) or claim an exemption, tax may be withheld
by the investment bodies from your income paid to you
at the highest marginal rate (plus Medicare levy) before
it is paid to you. For more information about the use of
TFNs please phone your nearest Tax Office.
21
29. FATCA
Schedule 1
(a)
Where the Client is the trustee of a Trust, the Client:
(b)
(c)
(d)
The Client must not knowingly do anything to put MEL
in breach of sections 1471 to 1474 of the US Internal
Revenue Code of 1986 (commonly known as FATCA),
any associated regulations or official guidance, any
agreement with the US Internal Revenue Service
relating to FATCA or any Australian laws, regulations
or official guidance relating to an intergovernmental
agreement between the United States and Australia
in connection with FATCA (FATCA Laws) and or its
internal policies and procedures.
If requested, the Client must provide additional
information and assistance and comply with all
reasonable requests to facilitate MEL’s compliance
with its obligations under the FATCA Laws and or its
internal policies and procedures.
The Client acknowledge that MEL is subject to
the FATCA Laws and or its internal policies and
procedures. In making an application, you consent to
Macquarie disclosing in connection with the FATCA
Laws and or its internal policies and procedures any
of your Personal Information (as defined in the Privacy
Act 1988 (Cth)).
This Agreement is governed by the laws of New South
Wales, the Client and the Guarantor submit to the exclusive
jurisdiction of the courts of New South Wales.
represents and warrants to MEL that:
(a) the Trust was validly created, is in existence at the date
of this Agreement and the Trust Deed has been duly
stamped by the appropriate authorities;
(b) the Client was validly appointed as trustee of the Trust
and is presently the sole trustee;
(c) the Trust is solely constituted by the Trust Deed;
The Client agree to provide to MEL all the information
requested at any time (whether as part of the
application process or otherwise) to ensure that MEL is
able to company with its obligations under the FATCA
Laws and or its internal policies and procedures.
30. Governing Law
22
1
(d) the Client:
(i) has full, complete, valid and unfettered authority
and power under the Trust Deed to enter into this
Agreement; and
(ii) has the power to enter into and observe all the
provisions in this Agreement;
2
undertakes to MEL that:
(a) it will notify MEL immediately in writing if:
(i) the Client ceases for any reason or at any time to
be the sole trustee of the Trust;
(ii) the Trust is determined or for any other reason
ceases to exist; or
(iii) the Manager ceases to be the manager of the
Trust; and
(b) a distribution of any of the capital of the Trust will not
be made which would result in there being insufficient
assets of the Trust to meet the Client’s liabilities under
outstanding Client Contracts and this Agreement.
Schedule 2
Annexure A
1
The Client agrees and acknowledges that:
Risk Disclosure Statement
(a) Macquarie will, as soon as is reasonably practicable
after a transaction occurs, provide confirmations
electronically to the Client by means of the Macquarie
facility where the Client can access the confirmation
for themselves using their password as provided by
Macquarie;
This statement is given to you to confirm your understanding
of the key risks associated with trading in exchange traded
derivative contracts. The key risks are also detailed in the
Futures PDS, (and any SPDS). The risk of loss in trading in
derivatives can be substantial.
(b) Macquarie will, where a transactions forms part of
a series of transactions made to complete an order
by the Client placed with Macquarie, give the Client
in relation to that order or all orders, in lieu of a
confirmation in respect of each such Trade, a single
confirmation in respect of that series of Trades.
2
3
Where a single confirmation is provided in relation to
clause 1(b), the confirmation will specify the average
contract price of the Contracts acquired or disposed of
in that series of Trades and, unless otherwise provided by
the relevant Rules, Macquarie will, if requested to do so
by the Client, give the Client a document which includes
a statement of the contract price of each futures contract
acquired or disposed of in each Trade in that series of
Trades;
The Client agrees that MEL will execute Block Trades on
behalf of the Client in accordance with the Rules and this
Agreement and the Client acknowledges that:
(i) the price quoted for Block Trades may or may not be
the prevailing market rate;
(ii) the price at which a Block Trade is executed will not be
used to establish settlement prices;
(iii) Block Trades effected under the Rules of the Licensed
Market have no impact on data generated from
Exchange Systems; and
(iv) Block Trades will be separately reported to the relevant
Licensed Market.
4
The Client agrees that MEL will execute prenegotiated
trades for the Client in accordance with the Rules and this
Agreement.
5
The Client agrees that MEL will execute EFP trades for the
Client in accordance with the Rules and this Agreement
and where MEL effects any EFP transactions on behalf of
the Client, the Client will provide MEL with full details of
the physical transactions including documentary evidence
relating to the relevant EFP transactions to enable MEL to
comply with the Rules.
You should therefore carefully consider whether that kind
of trading is appropriate for you in the light of your financial
circumstances, situation and needs. In deciding whether
or not you will become involved in that kind of trading, you
should be aware of the following matters:
(a) you could sustain a total loss of initial margin funds that
you deposit with MEL to establish or maintain a position
on a Financial Market and you may incur losses beyond
this amount.
(b) If the market moves against your position, you may be
required, at short notice, to deposit with MEL additional
margin funds in order to maintain your position. Those
additional funds may be substantial. If you fail to provide
those additional funds within the required time, your
position may be liquidated at a loss and in that event
you will be liable for any shortfall in your Futures account
resulting from that failure.
(c) Under certain conditions, it could become difficult or
impossible for you to liquidate a position (this can, for
example, happen when there is a significant change in
prices over a short period).
(d) The placing of contingent orders (such as a ‘stop-loss’
order) may not always limit your losses to the amounts
that you may want. Market conditions may make it
impossible to execute such orders.
(e) A ‘spread’ position is not necessarily less risky than a
simple ‘long’ or ‘short’ position.
(f) The high degree of leverage that is obtainable in
derivatives trading, because small margin requirements
can work against you as well as for you. The use of
leverage can lead to large losses as well as large gains.
(g) If you propose to trade in old law ‘futures options’, being
an option on a futures contract, the maximum loss in
buying an option is the amount of the premium, but the
risks in selling an option are the same as in other futures
trading, that is potentially unlimited losses greater than the
amount you deposited with MEL.
(h) You may experience losses due to systems failures at
either or both Macquarie or the exchange on which the
contracts are executed.
(i) You should thoroughly read and understand the
Agreement, the PDS, FSG and any other related or
supplementary documents before entering into any
derivative transaction with MEL. This statement does
not disclose all of the risks and other significant aspects
involved in trading derivative products on Financial
Markets. You should therefore study derivatives trading
carefully before becoming involved in it.
23
AML/CTF Act – Certification and
Verification Requirements
The Anti-Money Laundering and Counter-Terrorism Financing
Act 2006 was introduced in Australia to meet higher
international standards and to protect Australian businesses
from being used for Money Laundering and Terrorism
Financing Activity. To meet our regulatory obligations as a
reporting entity offering designated services, Macquarie is
required to collect and verify ‘know your customer’ (KYC)
information which will vary by investor type. In some instances
we may be required to conduct enhanced due diligence
before being able to proceed with your application.
Guidance notes for certification
and verification
1.
What is a certified copy?
A certified copy is a document that has been certified as a
true and accurate copy of the original document by one of the
following persons listed below. The authorised person should
also print their name and position and if possible affix an
official stamp.
•
An officer with, or authorised representative of, a holder
of an Australian Financial Services Licence (AFSL),
having two or more continuous years of service with one
or more licensees.
•
Finance company officer with two or more continuous years
of service with one or more finance companies (for the
purposes of the Statutory Declaration Regulations 1993).
•
24
An officer with two or more continuous years of service
with one or more financial institutions (for the purposes of
the Statutory Declaration Regulations 1993).
•
A Justice of the Peace
•
An Australian police officer
•
A member of the Institute of Chartered Accountants
in Australia, CPA Australia or the National Institute
of Accountants with 2 or more years of continuous
membership.
•
Optometrist
•
Patent attorney
•
Pharmacist
•
Physiotherapist
•
Psychologist
•
Trade marks attorney
•
Veterinary surgeon
•
Registered marriage celebrant
•
Teacher.
2.
Offshore certification
In the case of individuals and companies based offshore
who cannot have documents certified by an Australian
person as listed above, it is acceptable to accept certification
completed by the international equivalent of the above
listed person. However, where the applicant is based in a
jurisdiction of extreme/high risk, we will request additional
information and identification to ensure we are reasonably
satisfied that an applicant is who they claim to be.
This may include obtaining original certified copies of
supporting identification documents from the certifier.
3.
Verification through an authorised
financial adviser
An authorised financial adviser is an adviser who has held an
AFSL or has provided financial services as a representative
on behalf of an AFSL holder, for two or more continuous years.
If you are being identified by an authorised financial adviser,
your adviser will need to
•
Certify copies (or collect certified copies) of your proof
of identification documents and arrange for verification
of these documents.
–
For all applicant types (as listed in the application form
checklist on the following page), the relevant FSC/FPA*
Identification Form will need to be completed.
These are available at macquarie.com.au/idforms
•
Chiropractor
•
Dentist
•
Legal practitioner
•
Medical practitioner
•
Nurse
*
FSC is the Financial Services Council and FPA is the Financial Planning Association. Some of the more commonly used Identification Forms are available for
downloading at macquarie.com.au/idforms
•
Send us
–
the completed Futures Trading application, and
–
the relevant FSC/FPA* identification form(s), and
–
supporting proof of identification documents.
Application checklist
The table below summarises the sections of this application form and FSC/FPA Identification Forms (available for downloading on
macquarie.com.au/idforms) that must be completed and any documentation required to support your application. Please select
your applicant type and tick off the checkboxes when completed.
Foreign documentation — Where any documentation relied on as part of the procedure is in a language that is not English, it must
be accompanied by an English translation prepared by an accredited translator.
Applicant type
Individual
applicant
Sections to complete
S
ection 1(a) of
application form
Whose name
must the
account be in
Who signs
The individual
The individual
Section 4 to 12 of
application form
AND
S
ection 1(a) to 1(b)
of application form
(as appropriate)
Each individual
investor
All investors
S
ection 4 to 12 of
application form
FSC/FPA Identification
Form for Individuals &
Sole Traders
Section 1(a) and 1(c)
of application form
S
ection 4 to 12 of
application form
AND
FSC/FPA Identification
Form for Individuals &
Sole Traders
Provide original or certified copies
of the documentation listed in the
Verification Procedure section of
the FSC/FPA Identification Form for
Individuals & Sole Traders.
If Attorney(s) – If you are signing
under power of attorney, please
also attach a certified copy of the
power of attorney.
AND
Sole trader
Provide original or certified copies
of the documentation listed in the
Verification Procedure section of
the FSC/FPA Identification Form for
Individuals & Sole Traders.
If Attorney(s) – If you are signing
under power of attorney, please
also attach a certified copy of the
power of attorney.
FSC/FPA Identification
Form for Individuals &
Sole Traders
Joint applicants
Documentation required for
ID verification
The individual
and the
business name
The sole trader
Provide original or certified copies
of the documentation listed in the
Verification Procedure section of
the FSC/FPA Identification Form for
Individuals & Sole Traders.
If sole trader – also provide certified
copy of registration of business
name.
25
Applicant type
Sections to complete
Whose name
must the
account be in
Who signs
Investing for a
child under 18
(minor)
Section 1(a) to 1(b)
of application form
(as appropriate)
The parent or
guardian (as
trustees for the
trust)
The parent or
guardian
Section 4 to 12 of
application form
FSC/FPA Identification
Form for Individuals &
Sole Traders
Section 1(a) to 1(b)
of application form
(as appropriate)
The executors
of the estate (as
trustees for the
trust)
The executor
Section 4 to 12 of
application form
FSC/FPA Identification
Form for Individuals &
Sole Traders
S
ection 1(a) to 1(b)
of application form
(as appropriate)
The company
OR
Section 4 to 12 of
application form
As required by
the constitution/
rules of the
company
OR
FSC/ FPA Identification
Form for Australian
Companies
Section 1(a) to 1(b)
of application form
(as appropriate)
One director (for
a sole director
company)
The company
Two officers
(eg directors or
a director and
secretary)
Section 2 of
application form
OR
Section 4 to 12 of
application form
As required by
the constitution/
rules of the
company
AND
F
SC/ FPA Identification
Form for Foreign
Companies
26
Two officers
(eg directors or
a director and
secretary)
S
ection 2 of
application form
AND
Foreign
companies
Provide original or certified copies
of the documentation listed in the
Verification Procedure section of
the FSC/FPA Identification Form for
Individuals & Sole Traders.
If deceased estate – the executor
also needs to provide a certified
copy of the grant of probate or
letters of administration.
AND
Australian
companies
Provide original or certified copies
of the documentation listed in the
Verification Procedure section of
the FSC/FPA Identification Form for
Individuals & Sole Traders.
If minor – the parent or guardian
also needs to provide a certified
copy of the minor’s birth certificate.
AND
Deceased
estate
Documentation required for
ID verification
OR
One director (for
a sole director
company)
Provide original or certified copies
of the documentation listed in
Australian Company Verification
Procedure section of the FSC/FPA
Identification Form for Australian
Companies.
All authorised signatories/
directors also need to provide
original or certified copies of
the documentation listed in the
Verification Procedure section of
the FSC/FPA Identification Form for
Individuals & Sole Traders.
Provide original or certified copies
of the documentation listed in
Foreign Company Verification
Procedure section of the FSC/FPA
Identification Forms for Foreign
Companies.
All authorised signatories/
directors also need to provide
original or certified copies of
the documentation listed in the
Verification Procedure section of
the FSC/FPA Identification Form for
Individuals & Sole Traders.
Applicant type
Sections to complete
Whose name
must the
account be in
Who signs
Non corporate
trusts
Section 1(a) to 1(b)
of application form
(as appropriate)
The trustees of
the trust
All trustees
(including
superannuation
funds)
Section 2 of application
form (as appropriate)
S
ection 3 of application
form (as appropriate)
Section 4 to 12 of
application form
AND
FSC/FPA Identification
Form for Australian
Regulated Trusts &
Trustees, OR the FSC/
FPA Identification Form
for Unregulated Trusts &
Trustees (as appropriate)
Corporate
trusts
(including
superannuation
funds)
Section 1(a) to 1(b)
of application form
(as appropriate)
Section 2 of application
form (as appropriate)
Section 3 of application
form (as appropriate)
ection 4 to 12 of
S
application form
AND
FSC/FPA Identification
Form for Australian
Regulated Trusts &
Trustees, OR the FSC/
FPA Identification Form
for Unregulated Trusts &
Trustees (as appropriate)
AND
FSC/FPA Identification
Form for Australian
Companies, OR the
FSC/FPA Identification
Form for Foreign
Companies (as
appropriate)
Documentation required for
ID verification
Provide original or certified
copies of the documentation
listed in Trust Verification
Procedure section (of
the appropriate FSC/FPA
Identification Form for Australian
Regulated OR for Unregulated
Trusts & Trustees). (The certified
copy/extract of the trust deed
should show the trust name,
trustee(s) names, trustee(s)
signatures with witness’
signatures).
All authorised signatories/
directors also need to provide
original or certified copies of
the documentation listed in the
Verification Procedure section of
the FSC/FPA Identification Form
for Individuals & Sole Traders.
The Corporate
Trustee
two directors
OR
sole director
OR
director and
company
secretary (as
required by the
constitution/
rules of the
company)
Provide original or certified
copies of the documentation
listed in Verification Procedure
section (of the appropriate FSC/
FPA Identification Form for
Australian Regulated OR for
Unregulated Trusts & Trustees).
(The certified copy/extract of
the trust deed should show the
trust name, trustee(s) names,
trustee(s) signatures with
witness’ signatures).
Provide original or certified
copies of the documentation
listed in Verification Procedure
section of the relevant FSC/FPA
Identification Form for Australian
Companies, OR the FSC/FPA
Identification Form for Foreign
Companies (as appropriate).
All authorised signatories/
executors also need to provide
original or certified copies of
the documentation listed in the
Verification Procedure section of
the FSC/FPA Identification Form
for Individuals & Sole Traders.
27
Applicant type
Partnerships
and partners
Sections to complete
Section 1(a) to 1(b)
of application form (as
appropriate for partners)
Whose name
must the
account be in
Who signs
The principals of
the partnership
The Partners
Section 2 of
application form
(for partnership)
Section 4 to 12 of
application form
AND
FSC/ FPA Identification
Form for Partnerships
and Partners
Associations
Incorporated or
Unincorporated
Appointed
The name of the
incorporated body officers
ection 2 of application
S
form as (appropriate
for association)
Officers on
behalf of the
unincorporated
body
OR
AND
Section 1(a) to 1(b) of
application form (as
appropriate for officers)
Section 2 of application
form (as appropriate
for Registered
Cooperative)
Section 4 to 12 of
application form
AND
SC/FPA Identification
F
Form for Registered
Cooperatives
28
Applications
must be
completed under
common seal
and witnessed
by two officers
(for incorporated
associations)’
(All officers must
specify their title)
FSC/ FPA Identification
Form for Associations
Registered
Cooperatives
Provide original or certified
copies of the documentation
listed in Partnership Verification
Procedure section and
Individual Partner Verification
Procedure section of the
FSC/FPA Identification Form
for Partnerships and Partners
(The certified copy/extract of the
partnership agreement should
show the names of the partners).
All authorised signatories/
executors also need to provide
original or certified copies of
the documentation listed in the
Verification Procedure section of
the FSC/FPA Identification Form
for Individuals & Sole Traders.
Section 1(a) to 1(b) of
application form (as
appropriate for officers)
S
ection 4 to 12 of
application form
Documentation required for
ID verification
Provide original or certified
copies of the documentation
listed in Association Verification
Procedure Section and Individual
Member Verification Procedure
section (if applicable) of
FSC/FPA Identification Form
for Associations (This should
include a copy of signed meeting
minutes showing which officers
can open and operate on
the account).
All authorised signatories
also need to provide original
or certified copies of the
documentation listed in the
Verification Procedure section of
the FSC/FPA Identification Form
for Individuals & Sole Traders.
The name of
the Registered
Cooperative
Appointed
officers
Applications
must be
completed under
common seal
and witnessed
by two officers.
(All officers must
specify their title).
Provide original or certified
copies of the documentation
listed in Registered Cooperative
Identification Procedure section
of the FSC/FPA Identification
Form for Registered
Cooperatives.
All authorised signatories
also need to provide original
or certified copies of the
documentation listed in the
Verification Procedure section of
the FSC/FPA Identification Form
for Individuals & Sole Traders.
Applicant type
Government
Body
Sections to complete
Section 1 of
application form (as
appropriate for officers)
Section 2 of
application form (for
Government body)
Section 4 to 12 of
application form
AND
FSC/FPA Identification
Form for Government
Bodies
Whose name
must the
account be in
Who signs
The name of the
Appointed
Government Body officers
Documentation required for
ID verification
Provide the documentation
listed in Government Body
Identification Procedure section
of the FSC/FPA Identification
Form for Government Bodies.
For foreign government bodies,
information about beneficial
ownership/control should also
be provided.
All authorised signatories
also need to provide original
or certified copies of the
documentation listed in the
Verification Procedure section of
the FSC/FPA identification Form
for Individuals & Sole Traders.
29
Futures Trading application
Complete this form using BLACK INK and print well within
the boxes in CAPITAL LETTERS. Mark answer boxes
with a cross (X). Start at the left of each answer space and
leave a gap between words.
Please complete ALL questions and provide the required
identification documentation as incomplete applications
may cause delays in the application being processed.
Please ensure you have completed all fields and signed this
form. You can return it by either faxing it to your adviser or
emailing it to: [email protected]
If you have any questions, please call your adviser or contact
us on 1800 420 803.
Dated: May 2017
1
Individual applicants
1a. Applicant 1 details (all applicants must complete this section)
Please specify your preferred contact person for correspondence (if applicable)
Applicant 1
Applicant 2
Investor type
Individual applicant/Sole trader/
Joint applicant
Individual trustee
All Individual Trustees must also complete
section 3
Partner
All Partnerships must also complete
section 2
Director of corporate (if more than one
director, complete section 1(b)).
All Corporates must also complete
section 2
Director of corporate trustee (if more than
one director, complete section 1(b))
All Corporate trustees must also complete
section 2 and 3
Secretary of corporate
All Corporates must also complete
section 2
Officer of Association
All Associations must also complete
section 2
Officer of Registered cooperative
All Registered Cooperatives must
also complete section 2
Officer of Government body
All Government bodies must
also complete section 2
Are you a Macquarie employee?
No
Yes
If yes, please provide your Employee ID
Do you have a relationship
to a Macquarie employee?
No
Yes partner or child under the age of 18 of Macquarie employee
Yes resides at the same address and is financially dependent on Macquarie employee
Yes investment decisions influenced by Macquarie employee
If yes, please provide detail of Macquarie employee:
Employee name
Employee number (if known)
Note: The Macquarie employee is required to register this Account in line with
Macquarie policy
Title
First name(s)
Surname
Other name known by
macquarie.com
Macquarie Futures Trading application
31 of 52
Address details
Residential address (this cannot be a PO Box)
Street number and name
Suburb
State
Postcode
Country
If mailing address is the same as residential address, tick here
Mailing address (please complete if different to residential address)
Street number and name
Suburb
State
Postcode
Country
Home phone number
Work phone number
Mobile phone number*
Fax number
Email*
Driver’s licence number
Expiry date
Date of birth
Passport number
Expiry date
Country of issue
Mothers’ maiden name
Occupation
Gender
Male
Female
Are you an Australian resident for tax purposes? Yes
No
If no, please specify your country of residence for tax purposes
Collection of tax file numbers (TFN) is authorised and its use and disclosure is strictly regulated by the tax laws and the Privacy Act. Quotation is
not compulsory but tax may be withheld from your income if you do not provide us with your TFN or claim an exemption. For more information,
please contact the Australian Taxation Office.
TFN or exemption reason
Expiry date (if applicable)
As an alternative to quoting your TFN, you may wish to quote your ABN in section 1c, 2 or 3 as appropriate. To quote your ABN you must be
conducting your Account in the course of a business.
Do you wish to trade Futures online through a third party trading platform made available to you by Macquarie?
No
Yes
In what range would your net worth be best represented?
Up to $250,000
$250,000 – $500,000
$500,000 – $2.5m
$2.5m – $5m
$5m – $10m
$10m and over
Your gross income over each of the last two consecutive financial years would be best represented by the following range?
Up to $100,000 pa
$100,000 – $250,000 pa
$250,000 – $500,000 pa
Nil – 10 per cent
11 per cent – 30 per cent
31 per cent – 50 per cent
51 per cent – 70 per cent
71 per cent – 100 per cent
What percentage of your assets is liquid?
*These fields are mandatory for security purposes to enable digital communication.
Over $500,000 pa
Macquarie Futures Trading application
32 of 52
1b. Applicant 2 details (if applicable)
Please specify your preferred contact person for correspondence (if applicable)
Applicant 1
Applicant 2
Investor type
Joint applicant
Additional Individual trustee
All Individual Trustees must also complete
section 3
Additional Director of Corporate/
Partner/ Secretary of Corporate
(also complete Section 2)
Director of corporate (if more than one
director, complete section 1(b))
All Corporates must also complete
section 2
Additional Director of Corporate trustee
(also complete section 2 and 3)
Secretary of corporate
All Corporates must also complete
section 2
Additional Officer of Association
(also complete section 2)
Additional Officer of Registered
cooperatives. (also complete section 2)
Additional Officer of Government body
(must also complete section 2)
Are you a Macquarie employee?
No
Yes
If yes, please provide your Employee ID
Do you have a relationship
to a Macquarie employee?
No
Yes partner or child under the age of 18 of Macquarie employee
Yes resides at the same address and is financially dependent on Macquarie employee
Yes investment decisions influenced by Macquarie employee
If yes, please provide detail of Macquarie employee:
Employee name
Employee number (if known)
Note: The Macquarie employee is required to register this Account in line with
Macquarie policy
Title
First name(s)
Surname
Other name known by
Address details
Residential address (this cannot be a PO Box)
Street number and name
Suburb
State
Postcode
Country
If mailing address is the same as residential address, tick here
Mailing address (please complete if different to residential address)
Street number and name
Suburb
State
Postcode
Country
Home phone number
Work phone number
Mobile phone number*
Fax number
Email*
Driver’s licence number
Expiry date
Date of birth
Passport number
Expiry date
Country of issue
Mothers’ maiden name
Occupation
*These fields are mandatory for security purposes to enable digital communication.
Gender
Male
Female
Macquarie Futures Trading application
33 of 52
Are you an Australian resident for tax purposes? Yes
No
If no, please specify your country of residence for tax purposes
Collection of TFNs is authorised and its use and disclosure is strictly regulated by the tax laws and the Privacy Act. Quotation is not compulsory
but tax may be withheld from your income if you do not provide us with your TFN or claim an exemption. For more information, please contact the
Australian Taxation Office.
Expiry date
(if applicable)
TFN or exemption reason
As an alternative to quoting your TFN, you may wish to quote your ABN in section 1c, 2 or 3 as appropriate. To quote your ABN you must be
conducting your Account in the course of a business.
Do you wish to trade Futures online through a third party trading platform made available to you by Macquarie?
No
Yes
Are there more than two applicants?
No
Yes
The maximum number of applicants per account is three. If there is a third applicant, please attach a separate application form with additional
applicant details.
In what range would your net worth be best represented?
Up to $250,000
$250,000 – $500,000
$500,000 – $2.5m
$2.5m – $5m
$5m – $10m
$10m and over
Your gross income over each of the last two consecutive financial years would be best represented by the following range?
Up to $100,000 pa
$100,000 – $250,000 pa
$250,000 – $500,000 pa
Nil – 10 per cent
11 per cent – 30 per cent
31 per cent – 50 per cent
51 per cent – 70 per cent
71 per cent – 100 per cent
Over $500,000 pa
What percentage of your assets is liquid?
1c. Sole trader details
If you are a sole trader, please complete the following questions.
Full business name (if any)
ABN (if any)
Principal place of business (if applicable) (this cannot be a PO Box)
Street number and name
Suburb
State
Postcode
Country
Nature of business activity
2
Non-individual applicants
Investor type
Australian company
Foreign company
Other
Public
Public
Partnership
Private/Proprietary
Private/Proprietary
Association
Registered cooperative
Government body
Macquarie Futures Trading application
34 of 52
Corporate
Please mark the appropriate box:
Corporate trustee (also complete section 3)
Company/Partnership/Association/Registered cooperative/Government body name
Collection of TFNs is authorised and their use and disclosure strictly regulated by the tax laws and Privacy Act. Quotation is not compulsory but
tax may be withheld from your income if you do not provide us with your tax file number or claim an exemption. For more information, please
contact the Australian Taxation Office.
ACN (if applicable)
ABN (if applicable)
TFN or exemption reason
Expiry date (if applicable)
(if applicable)
As an alternative to quoting your TFN, you may wish to quote your ABN. To quote your ABN you must be conducting your Account in the course of
a business.
Registered address (this cannot be a PO Box)
Street number and name
Suburb
State
Postcode
Country
Principal place of business (if applicable) (this cannot be a PO Box)
Street number and name
Suburb
State
Postcode
Country
If mailing address is the same as registered address, tick here
Mailing address (please complete if different to registered address)
Street number and name
Suburb
State
Postcode
Country
Nature of business activity
Please proceed to fill in the applicable FSC/FPA Identification Form located on the website macquarie.com.au/idforms. Then continue with the
relevant sections of this application form as per the checklist.
3
Trust details (if you are not a trust, please proceed to section 4)
Trust type
Registered managed
investment scheme
Regulated trust
(SMSF)
Government superannuation
fund
Other trust type
(Family, unit, charitable, estate)
Name of trust
Trust/SMSF ABN
(if applicable)
Trust/SMSF TFN
(if applicable)
Collection of TFNs is authorised and its use and disclosure is strictly regulated by the tax laws and Privacy Act. Quotation is not compulsory but tax
may be withheld from your income if you do not provide us with your tax file number or claim an exemption. For more information, please contact the
Australian Taxation Office.
Macquarie Futures Trading application
35 of 52
Nature of business activity
Please proceed to fill in the FSC/FPA Identification Form for either Australian Regulated Trusts & Trustees or the FSC/FPA Identification Form for
Unregulated Trusts and Trustees (as applicable), located on the website macquarie.com.au/idforms. Then continue with the relevant sections of
this application form as per the checklist.
Is this a self managed superannuation fund (SMSF) account?
4
Yes
No
Account designation
Account designation ie (Brown Corp Super Fund, Estate of Agnes Johnson, name of minor), etc. Refer to page 3 for instructions on
account designation.
<
A/C>
5
Authorised Representative on Futures Trading Account
Would you like to appoint an Authorised Representative for your Futures Trading Account who has authority to act on your Account in all
matters as if they were you (excluding any instructions to alter your personal information)?
Yes
No
If yes, please complete details below. If no, proceed to section 6.
Title
First name(s)
Last name
Other name known by
Residential address (this cannot be a PO Box)
Street number and name
Suburb
State
Postcode
Country
Mailing address (please complete if different to residential address)
Street number and name
Suburb
State
Country
Postcode
Macquarie Futures Trading application
36 of 52
Work phone number
Home phone number
Mobile phone number
Fax number
Email
Driver’s licence number
Expiry date
Date of birth
Passport number
Expiry date
Country of issue
Occupation
Gender
Male
Female
Accept the appointment as Authorised Representative of the client on the terms set out herein together with the declarations and
acknowledgements in the Macquarie Futures Trading agreement:
Signature of Authorised Representative
Do you wish to give your Authorised Representative access to online services for this account?
Yes
No
If yes, does your Authorised Representative have a Macquarie Access Code (MAC)?
Yes
No
If yes, please provide their MAC here
Important note: the Authorised Representative must provide proof of identification, refer to FSC/FPA Identification Forms available at macquarie.com.au/idforms.
6
Trade confirmations
Please specify your preferred contact person to receive original trade confirmations:
Applicant 1
Applicant 2
You must supply an email address for the preferred contact person in section 1.
Trade Confirmations are only sent via email. Note: Macquarie has an obligation to
send confirmations to the account holder.
Please write the email address(es) where you would like copies of trade confirmations to be sent below.
Additional recipient
Additional recipient
Is any applicant an employee of an ASX Market Participant or a company or controlled Trust an employee of an ASX Market participant?
Yes
No
If yes, copies of trade confirmations must be sent to the employer. Please provide your employer’s email address,
If you have nominated an Authorised Representative in Section 5, would you like your Authorised Representative to receive copies
of trade confirmations for this account via email?
Yes
No
If yes, please ensure you have provided an email address above.
Macquarie Futures Trading application
7
37 of 52
Electronic access
To access your statements online you require a Macquarie Access Code (MAC).
Do you have an existing MAC for accessing Macquarie products online?
Applicant 1
Yes
No
If yes, please provide MAC here
No
If yes, please provide MAC here
Applicant 2
Yes
Important note: your monthly statements should be retained for tax purposes. An administration fee of $25 per month will be charged if you require
reprints from our office.
8
Settlement Account details
It is mandatory to nominate a standard settlement instruction. It is used to authorise Macquarie to directly credit funds to the bank
account nominated below upon your instruction to your futures broker.
Name of financial
institution
Branch BSB
Account name
Account number
Important note: any request to withdraw funds from your Futures Trading Account and credit your settlement account must be made by the
account holder. We will not make third party payments.
9
Guarantor details
Are you applying in a company name or as the trustee of a trust?
Yes
No
If yes, please nominate a Director/Trustee as a Guarantor. If no, a Guarantor is not required, proceed to section 10.
Guarantor A
Title
First name(s)
Last name
Other name known by
Residential address (this cannot be a PO Box)
Street number and name
Suburb
State
Country
Postcode
Macquarie Futures Trading application
38 of 52
Home phone number
Work phone number
Mobile phone number
Fax number
Email
Driver’s licence number
Expiry date
Date of birth
Gender
Occupation
Male
Female
Important note: the guarantor must provide proof of identification.
Accept the appointment as Guarantor of the client on the terms set out herein together with the declarations and acknowledgements in the
Macquarie Futures Trading agreement:
Signature of Guarantor A
Name
Date
In what range would your net worth be best represented?
Up to $250,000
$250,000 – $500,000
$500,000 – $2.5m
$2.5m – $5m
$5m – $10m
$10m and over
Your gross income over each of the last two consecutive financial years would be best represented by the following range?
Up to $100,000 pa
$100,000 – $250,000 pa
$250,000 – $500,000 pa
Nil – 10 per cent
11 per cent – 30 per cent
31 per cent – 50 per cent
51 per cent – 70 per cent
71 per cent – 100 per cent
What percentage of your assets is liquid?
Guarantor B
Title
First name(s)
Last name
Other name known by
Residential address (this cannot be a PO Box)
Street number and name
Suburb
State
Postcode
Country
Work phone number
Mobile phone number
Home phone number
Fax number
Over $500,000 pa
Macquarie Futures Trading application
39 of 52
Email
Driver’s licence number
Expiry date
Date of birth
Gender
Occupation
Male
Female
Important note: the guarantor must provide proof of identification.
Accept the appointment as Guarantor of the client on the terms set out herein together with the declarations and acknowledgements in the
Macquarie Futures Trading agreement:
Signature of Guarantor B
Name
Date
In what range would your net worth be best represented?
Up to $250,000
$250,000 – $500,000
$500,000 – $2.5m
$2.5m – $5m
$5m – $10m
$10m and over
Your gross income over each of the last two consecutive financial years would be best represented by the following range?
Up to $100,000 pa
$100,000 – $250,000 pa
$250,000 – $500,000 pa
Nil – 10 per cent
11 per cent – 30 per cent
31 per cent – 50 per cent
51 per cent – 70 per cent
71 per cent – 100 per cent
Over $500,000 pa
What percentage of your assets is liquid?
10
Purpose of your investment and source of funds
What is the purpose of your Futures Trading application?
Business account
Income
Savings
Retirement
Growth
Other, please specify below
What is the source of the funds for this account?
Superannuation contributions
Savings
Inheritance
Other, please specify below
Income
In addition to the above, are any funds to be invested coming from a borrowed source?
Yes
No
Investment
Macquarie Futures Trading application
11
Futures trading self assessment
Is Futures trading suitable for you?
Futures trading is a highly geared and complex product, only suitable for experienced traders who are able to constantly monitor their Contracts.
You should ensure that you have considered whether or not Futures trading is suitable for you. In particular, you should consider whether you:
•
have sufficient income and liquid assets to be able to post Margin on very short notice;
•
have previous experience in investing and trading in financial products, including securities, derivatives and high leveraged products;
•
understand the concept of leverage, margin and volatility;
•
are prepared to accept, monitor and manage the risks of trading Futures on a continual basis; and
•
understand the nature of Futures markets and the factors that may influence price, volatility and liquidity of futures markets and Derivatives
Exchanges.
40 of 52
Macquarie Futures Trading application
12
41 of 52
Declaration
We recommend that before signing this Macquarie Futures Trading
application form, you read and understand the following documents:
•
the Macquarie Futures PDS (and any SPDS);
•
this Macquarie Futures Trading Agreement, in particular the Risk
Disclosure Statement in Annexure A; and
•
the MEL FSG
•
acknowledge and consent to trade confirmations, account
statements, updates to disclosure documents and any other
information which Macquarie is required to disclose to you, being
provided to you electronically;
•
release any Macquarie Group entity from any obligation or liability
with respect to the content or use of the information provided
to you via email including without limitation, any liabilities arising
from delays, interruptions, errors or omissions in the information
or otherwise in relation to the format, completeness, accuracy or
timeliness of the information;
•
agree and acknowledge that to the extent that MEL provides you
with any financial product advice including Macquarie Research,
you acknowledge that it is intended to for your use only. You agree
not to pass on any Macquarie Research to any other party nor
attribute any advice to a Macquarie Group entity.
(together, the ‘Futures Documentation’).
Unless you have been classified as a ‘wholesale client’ under the
Corporations Act, your adviser is required to provide you with a MEL
FSG and a copy of the Macquarie Futures PDS (and any SPDS) prior to
any trading in Futures.
By signing this application form you:
•
confirm that this application was obtained and signed when in
Australia;
•
•
confirm that you have received, read, understood and agree
to the terms and conditions set out in each of the Futures
Documentation;
understand you may apply for further financial products or financial
services from any Macquarie Group entity in the future; and
•
•
agree and acknowledge that the brokerage described in the MEL
FSG is payable to either MEL or to MEL and/or your financial
adviser. If a portion of the brokerage is paid to your financial
adviser, that portion may be collected by MEL as agent for your
financial adviser and passed on by MEL to your financial adviser.
The information provided by you in this application form, or to your
financial adviser, to enable Macquarie Group to comply with the US
Foreign Account Tax Compliance Act, its supporting regulations
and any related laws designed to implement those laws in Australia
(FATCA), is correct and where relevant reflects your tax status for
the purposes of FATCA. You will promptly notify Macquarie and
provide Macquarie with any changes to the information provided
by you in connection with FATCA, and on request, with any further
information which is necessary or desirable for Macquarie to
comply with any obligations it may have in connection with FATCA.
You should contact your financial adviser if you do not understand any aspect of the Futures Documentation, the Futures Trading account or the
services provided to you by MEL.
Signature authorisation of applicant 1 or company officer
Signature authorisation of applicant 2 or company officer
NameName
DateDate
If a company officer or trustee, specify your corporate title
Director
Other
Secretary
Sole director or Sole secretary
If a company officer or trustee, specify your corporate title
Director
Other
Secretary
Sole director or Sole secretary
Macquarie Futures Trading application
42 of 52
Office use only
Adviser code
Adviser name
Are you related to, associated to, or have an interest in this account?
No
Yes. Should this account be flagged as staff?
Yes
No. Please provide RMG Control room approval
Financial services guide
Macquarie Equities Limited
About this document
This Financial services guide (Guide) is an important document
that outlines the types of products and services Macquarie
Equities Limited (‘MEL’, ‘we’, ‘us’ or ‘our’) can provide you under
our Australian Financial Services Licence (AFSL).
This Guide is designed to assist you in deciding whether to
use our financial services and provide an understanding of
what to expect from our relationship. It contains important
information about:
•
who we are and how we can be contacted
•
the services and types of products we are authorised
to provide
•
any relationships or associations we may have with product
issuers
•
how we (and any other relevant parties) are remunerated
•
how complaints are dealt with.
Who we act for when providing
you our financial services and financial
products
We are responsible for the financial services described in this Guide
and will generally be acting on your behalf when providing you with
financial services. In certain circumstances, we or other members
of the Macquarie Group may be acting on behalf of other parties.
Credit assistance
From time to time we may provide lending advice or referral
services to you. These are provided in our capacity as
representatives of Macquarie Bank Limited, ABN 46 008 583 542
AFSL 237502 and Australian Credit Licence 237502. All other
services we provide to you are done so as representatives of
Macquarie Equities Limited.
Our financial services and
financial products
We are authorised to offer the following financial services:
•
financial product advice (both general advice and
personal advice)
•
dealing in financial products, including arranging the
issue of financial products
•
custodial/depository services.
We are authorised to provide financial product advice on
and to deal in a range of financial services and financial products
including:
•
deposit and payment products
•
derivatives
•
government debentures, stocks or bonds
•
life products
•
superannuation
•
managed investment schemes
•
investor directed portfolio services
•
retirement savings accounts
•
securities
•
foreign exchange
•
margin lending facilities.
When you trade through us, we will always seek to
achieve the best outcome for you when handling and executing
your orders. For more information on how we
seek to achieve the best outcome for you, please visit
macquarie.com.au/melbestexecution.
Macquarie Equities Limited ABN 41 002 574 923. Australian financial services licence number 237504. Date of preparation: May 2017.
macquarie.com
We also provide an extensive range of related advice
and planning services including:
•
investment advice
•
retirement planning
•
debt planning
•
risk insurance advice
•
estate planning
•
superannuation advice
•
portfolio review services
•
cashflow and budgeting services.
We have an extensive investment and product menu which
includes products offered by members of the Macquarie
Group as well as products from other financial institutions.
This means we are not limited to recommending Macquarie
Group products when advising you.
Other documents you may receive
If you choose to use any of our products or services, you may
also receive other important documents including:
Statement of Advice (SoA) and Record
of Advice (RoA)
An SoA is a document that summarises your situation and
goals and sets out your adviser’s advice and
recommendations.
If you are a retail client, you will normally receive an SoA
when we provide you with personal advice that takes into
consideration your objectives, financial situation and needs.
The SoA will contain:
•
the advice
•
a summary of the key background on which the advice
is based
•
information about fees, commissions and associations
related to the provision of the advice.
We may not provide you with an SoA in certain circumstances,
such as when we only provide general advice or when we
provide you with further personal advice. If you have previously
received an SoA and the basis on which the advice was
given is not significantly different and your relevant personal
circumstances have not materially changed, we may not be
required to provide you with a further SoA. Where further
personal advice is provided and we are not required to provide
you with a further SoA, the details of such personal advice may
be documented in an RoA.
An RoA is similar to an SoA in that it sets out the personal
advice that your adviser provides; however, the adviser retains
the RoA. You can request a copy of the RoA from your adviser
for up to seven years after the advice has been given. Your
request can be made in writing or verbally.
Product Disclosure Statement (PDS)
A PDS is a document that describes a financial product.
A PDS contains important information to assist you to make
a decision about the product. You will usually receive a PDS
if a recommendation is made to acquire a particular financial
product (other than securities) or an offer is made to issue or
arrange the issue of a particular financial product.
Providing instruction to us and
receiving important information
You can provide instructions to us by telephone, mail, email,
fax or via our website. Please contact your adviser and alert
them to your email, mail or fax if you are working within tight
timeframes. There may be special instruction arrangements
for some products and services. Any special instruction
arrangements are explained in the relevant PDS, terms and
conditions or product offer document.
Phone calls to and from Macquarie may be recorded for quality
and assurance purposes. If you do not wish your call to be
recorded, please advise the Macquarie staff member when you
have been connected.
Unless you request otherwise, the email address you provide
to MEL or any member of the Macquarie Group, may be used
to provide notifications, information and important documents
(including a Financial Services Guide, PDS and SoA) about
your account and/or financial products and/or services offered
by MEL or other Macquarie Groups. MEL or other Macquarie
Groups may use other electronic methods to provide details or
important documents to you, such as by providing a link to a
web address or via a secure online website. If you do not want
to receive information via electronic methods please tell your
adviser or contact our Client Service Centre.
Payment we receive for the services
we provide
We may charge fees for services and products we provide.
Information about fees, commissions and/or benefits will be
contained in the SoA, or where an SoA is not required, will
be disclosed to you verbally or in writing.
These fees may be charged in various ways, including:
•
advice fees
•
ongoing service fees
•
asset-based fees
•
administration fees
•
brokerage on trades
•
subscription or service fees
•
other benefits that are paid with your consent.
If you invest in a product we recommend, we may receive
benefits from the product issuer where permitted by law. These
benefits may include portions of upfront fees, management
fees (which includes transaction, ongoing and, if applicable,
any borrowing costs). In addition, where you place funds in
our trust account, we will retain any accrued interest.
What we may charge you
Advice fees
The fee for the preparation of advice will vary depending
on your individual circumstances and an assessment of the
complexity of the advice provided. This fee will be agreed
with you prior to your adviser preparing the advice.
You may also be charged an ongoing advisory fee of between
0% to 5% of the ongoing value of your investments, or your
adviser may charge an annual fee (which will be agreed with
you upfront).
Where you have borrowed to fund your investments, we may
charge you a flat fee. The applicable advice fees will
be disclosed to you by your adviser.
Brokerage and other service fees
Brokerage will apply to any trading in financial products that
you conduct with us. The schedule of standard fees and
charges related to our brokerage services is shown below.
In addition to brokerage fees, we may also charge other fees
including (but not limited to) exchange and clearing fees,
interest and other administrative fees. Further details
of brokerage fees are set out in our account opening material,
terms and conditions, product disclosure statements and/or
the relevant product offer document.
Product/Service
Type of fee
Fee details
Australian exchange traded
securities, options and funds
Equities, fixed interest and
exchange traded funds (ETF)
brokerage fee
Minimum of $137.50 and a maximum of 2.75%. For a
trade with a value below $20,000, we may charge up
to $550*
Options brokerage fee
Minimum of $137.50 and a maximum of 2% of the
traded value*
Annual account keeping fee
$330 per annum per account*
*We may charge a lower fee than the normal rate, which will be disclosed to
you by your adviser.
International exchange traded
securities, options and funds
Equities, fixed interest and ETF
brokerage fee
Minimum of $US165 or local currency equivalent and
a maximum of 5% of principal transacted
US options brokerage fee
Minimum of $US165 plus $US0.50 per contract and a
maximum of 5% of principal transacted, plus up to $US4
per contract
Annual account keeping fee
Up to $A160 per annum per account.
**We may charge a lower fee than the normal rate, which will be disclosed
to you by your adviser.
Futures
Brokerage fee on Australian
exchange
Minimum of $A0.22 and a maximum of $A110 per contract
traded*
Brokerage fee on foreign
exchanges
Minimum of $US0.22 and a maximum of $US110 per
contract traded*
*Excluding exchange fees and any online trading platform fees if accessing
futures online.
Unlisted securities and
unlisted funds
Brokerage/Transaction fee
Where you trade unlisted products, you will be charged
a fee agreed with your adviser
What monetary benefits are paid to us by product issuers and others?
When we advise you about products offered by another member of the Macquarie Group or external product issuers and you
acquire that product, we may, subject to law, receive various monetary benefits as summarised below.
Type of
product or
service
Frequency of
monetary benefit
paid to us
Monetary benefit we may receive*
Portfolio
management
services
Upfront
As agreed between you and your adviser
Ongoing
0% to 5.5% per annum
Ad hoc
As agreed between you and your adviser
Ongoing
We may also charge you a minimum monthly fee which will be disclosed in the relevant
PDS or other offer document
Personal risk
insurance
products
Upfront
0% to 130% of the first year’s premium
Ongoing
0% to 40% (per annum) of the ongoing annual premium
Investment
products
Upfront
0% to 12% of the upfront amount held with the product issuer
One-off
0% to 5% of the value transacted
Ongoing
0% to 6% (per annum) of your ongoing investment position
Margin
lending
products
Ongoing
0% to 1% per annum of your loan balance with the margin lender
Foreign
exchange
One-off
Up to 30% of the fee charged by the foreign exchange service provider
Type of
product or
service
Frequency of
monetary benefit
paid to us
Monetary benefit we may receive*
Trade
execution
platforms
Ongoing
0% to 1% of your loan or cash balance with the platform
One-off
0% to 1.9% of the amount transacted through the platform
One-off
For administration of international securities, we may receive up to 50% of the fee
charged by the international securities platform provider
Capital
raisings
Upfront
A fixed fee and/or 0% to 10% of the total value of the securities distributed by us, paid
by or on behalf of, the issuer of the securities
* All noted fees are GST inclusive unless otherwise specified.
What other remuneration or benefits may be received by Macquarie?
Macquarie staff
Unless otherwise indicated, your adviser may also be entitled to receive up to 56% of all fees we charge you and commissions
we receive from product issuers. Your adviser will set out any applicable advice fees, including the remuneration and commissions
they receive in the SoA or where an SoA is not required, verbally or in writing. Examples are listed below:
Fee for service for advice
On the provision of an SoA, your adviser may agree a fee of $5,000 (excluding GST). We will
receive $5,000, of which your adviser may receive up to $2,800.
Broking fees example for
an Australian equity trade
On a transaction charged at $125 (excluding GST), we will receive $125, of which your adviser
may receive up to $70.
Commission example for
a typical personal risk
insurance product
For a first year premium of $1,000 (excluding GST) with an upfront commission of 130%,
we will receive $1,300, of which your adviser may receive up to $728. Where an ongoing trail
commission is received, we will receive a percentage of the premium paid for the duration that
the policy is in force. For example, if the trail commission rate is 18% and the premium
in year 2 is $1,000 (excluding GST), we will receive $180, of which your adviser may receive
up to $101.
Our employees and directors receive salaries, bonuses,
commission and other benefits from us.
Any alternative form of remuneration, such as gifts, are
recorded by MEL on a Register which outlines all alternative
forms of remuneration received by MEL representatives. The
Register is publicly available upon request.
Other Macquarie Group entities and associates
Other Macquarie Group entities and associates may, subject
to law, receive remuneration, commission and other benefits
from you, which are attributable to, or in respect of, financial
services provided by us. For example, when you acquire a
financial product from a Macquarie Group entity in connection
with our advice, the Macquarie Group entity may receive fees,
brokerage and/or commissions in relation to your investment
in that product. In addition, where the Macquarie Group entity
is a product issuer, a financial service provider or a platform
provider, it may charge various upfront and/or ongoing fees,
including contribution fees, withdrawal fees, management fees
and administration fees. Please refer to the relevant Macquarie
Group entity’s financial services guide, product disclosure
statement or other disclosure document for further explanation
of these fees or contact your adviser.
Associations and relationships
Macquarie Group is a global provider of banking, financial
advisory, investment and funds management services.
From time to time, your adviser may make a recommendation
in relation to:
(a) a financial product which MEL, other companies in the
Macquarie Group or their officers or employees (including
your adviser) has invested, whether on their own account
or on behalf of clients;
(b) a financial product that is issued or a service that is offered
by MEL or another company in the Macquarie Group;
(c) securities in an entity for which MEL or another company
in the Macquarie Group provides professional services,
including as underwriter, dealer, broker, lender, trustee,
custodian, responsible entity, fund manager or corporate
adviser, and may receive fees, brokerage, commissions or
other revenue and gains for acting in those capacities; or
(d) securities in an entity whose directors include a Macquarie
Group staff member.
These activities do not affect your adviser’s professional
obligations to you as their client.
Macquarie Group’s holdings of 1% or more in listed entities,
Macquarie Group’s non-confidential corporate advisory and
similar activities for listed, or to be listed, corporate clients
and Macquarie staff member directorships can be viewed at
macquarie.com.au/disclosures.
Remuneration or benefits paid to
those who refer clients to us
If you have been referred to us by someone else, we may pay
them a fee or commission in relation to that referral, where the
law allows. Additionally, we may receive payments for referring
you to other professionals, where the law allows.
Compensation arrangements
Macquarie Group Limited, on behalf of MEL, has a professional
indemnity insurance policy in place which satisfies the regulatory
requirements for compensation arrangements under section 912B
of the Corporations Act. Subject to the terms and conditions,
the policy provides cover for civil liability resulting from third party
claims concerning the professional services provided by MEL and
its employees and representatives.
This insurance arrangement continues to provide coverage for
past employees and representatives in respect of professional
services performed whilst engaged by MEL.
If you have a complaint about the service provided to you,
please contact:
•
your adviser and discuss your concerns
•
1800 899 485 or [email protected]
•
The Complaints Officer, Macquarie Bank Limited,
GPO Box 4294, Sydney NSW 1164.
On the occasion when our retail and small business clients are
not satisfied with the way a complaint is handled, they have
the option to contact either our Customer Advocate, or the
Financial Ombudsman Service Australia (FOS).
The Customer Advocate’s role, should a client decide to
pursue this avenue, is to review the reasonableness and
fairness of the outcome of their complaint.
You may contact the Customer Advocate by:
Email:
Phone: 1800 898 307
Post:
Personal information
At Macquarie, the privacy of your personal information is
important to us. Any personal information collected will be
handled in accordance with our Privacy Policy.
To provide you with our services, we maintain a record of the
information you provide to us, including your personal profile,
and details of your objectives, financial situation and needs. We
also maintain records of any recommendations made to you.
Our Privacy Policy details how we comply with the
requirements of the Privacy Act in the handling of your personal
information. A copy of that policy can be obtained
by visiting the Macquarie website at macquarie.com.au.
If you would like a copy of the information we hold, please
contact your adviser. We may charge you a nominal cost
for accessing and/or photocopying personal information
that you request.
How we can be contacted
If you have any questions about our products or services or
your adviser’s level of accreditation, you can speak to your
adviser. If you do not have an adviser, you can:
•
call our Client Service Centre on 1800 789 789
•
visit our website at macquarie.com/au/personal/
financial-advice
•
write to us at Macquarie Equities Limited, 1 Shelley Street,
Sydney NSW 2000.
Making a complaint
Macquarie is committed to providing a high standard of
client service and to maintaining our reputation for honesty
and integrity. If our level of service or quality of products has
failed to meet your expectations, we would like you to tell us
about your concerns. Macquarie’s complaint handling process
is designed to ensure that your concerns are dealt with
appropriately and that your complaint is addressed promptly
and fairly. Your complaint may be lodged either verbally or
in writing and will be dealt with in strict confidence.
[email protected]
The Customer Advocate
Macquarie Bank Limited
GPO Box 4294
Sydney NSW 1164
FOS can be contacted by:
Email:
[email protected]
Phone: 1800 367 287
Web:
www.fos.org.au
Fax:
(03) 9613 6399
Post:
The Financial Ombudsman Service Australia (FOS)
GPO Box 3 Melbourne VIC 3001
An information brochure titled “How to resolve your dispute”
can be accessed from the FOS Australia website at the above
address. You can access this by clicking on the “Publications”
tab at the top of the home page, then selecting “brochures”.
Information about Macquarie
Equities Limited
MEL is part of the Macquarie Group and as such is associated
with other Macquarie Group companies that issue financial
products. Should an investment recommendation be required,
we may recommend that you invest in a Macquarie issued or
branded product.
The Macquarie companies that MEL is associated with include
Macquarie Private Portfolio Management Limited ABN 26 089
987 388, Macquarie Investment Management Limited ABN 66
002 867 003, Macquarie Bank Limited ABN 46 008 583 542,
Macquarie Securities Australia Limited ABN 58 002 832 126,
Macquarie Financial Products Management Limited ABN 38 095
135 694, Macquarie Mortgages Pty Limited ABN 23 057 760
175, Macquarie Direct Property Management Limited ABN 56
073 623 784 and Macquarie Capital (Australia) Limited
ABN 79 123 199 548.
MEL is a participant of ASX Limited, Australian Clearing
House Pty Limited and ASX Settlement and Transfer
Corporation Pty Limited.
For more information about Macquarie Equities Limited call us
on 1800 789 789, visit macquarie.com/au/personal/financial-advice
or email [email protected]
Adelaide
Gold Coast
Perth
Level 2, 151 Pirie Street
Adelaide SA 5000
Level 4, 235 St Georges Terrace
Perth WA 6000
GPO Box 663
Adelaide SA 5001
Level 10, Niecon Tower
19 Victoria Avenue
Broadbeach Mall
Broadbeach QLD 4218
Tel 08 8203 0200
Fax 08 8203 0392
PO Box 1191
Broadbeach QLD 4218
Tel 08 9224 0666
Fax 08 9224 0895
Brisbane
Tel 07 5509 1444
Fax 07 5509 1414
Sydney
Fortitude Valley QLD 4006
Manly
1 Shelley Street
Sydney NSW 2000
GPO Box 1428
Brisbane QLD 4001
Level 3, 1A Rialto Lane
Manly NSW 2095
GPO Box 526
Sydney NSW 2001
Tel 07 3233 5888
Fax 07 3233 5999
PO Box 400
Manly NSW 2095
Tel 02 8245 4092
Fax 02 8232 4055
Canberra
Tel 02 9425 6000
Fax 02 9425 6066
Level 7, 825 Ann Street
Level 7, Canberra House
40 Marcus Clarke Street
Canberra ACT 2600
GPO Box 358
Canberra ACT 2601
Tel 02 6103 3100
Fax 02 6103 3133
GPO Box R1285
Perth WA 6844
Melbourne
Level 26, 101 Collins Street
Melbourne VIC 3000
GPO Box 5435
Melbourne VIC 3001
Tel 03 9635 8383
Fax 03 9635 8326
Macquarie Equities Limited (MEL), ABN 41 002 574 923, participant of Australian Securities Exchange Group, Australian financial services licence number 237504. MEL is not an authorised
deposit-taking institution for the purposes of the Banking Act (Cth) 1959, and MEL’s obligations do not represent deposits or other liabilities of Macquarie Bank Limited ABN 46 008 583 542
(MBL). MBL does not guarantee or otherwise provide assurance in respect of the obligations of MEL.
Date of preparation: May 2017.
BFS0279 05/17
For more information about Futures call us on 1800 420 803.
You can also visit macquarie.com.au
or email [email protected]
1 Shelley Street
Sydney NSW 2000
GPO Box 526
Sydney NSW 2001
Tel 02 8775 2399
Fax 02 8232 4055
BFS0234 05/17
macquarie.com