13.07.2015 Views

New Client Pack Front page for Intranet - Shaw Stockbroking

New Client Pack Front page for Intranet - Shaw Stockbroking

New Client Pack Front page for Intranet - Shaw Stockbroking

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

<strong>Shaw</strong> Account Opening Form1. <strong>Client</strong> Account Name (“The <strong>Client</strong>”)<strong>Client</strong> Name Title Mr Ms Mrs Miss Dr Other (specify) ____________________________SurnameDate of BirthGiven NamesDriver’s Licence No.Joint <strong>Client</strong> Name Title Mr Ms Mrs Miss Dr Other (specify) ____________________________SurnameDate of BirthCompany NameGiven NamesDriver’s Licence No.ABN/ACNDirector/Sole DirectorDirector/Secretary2. Account Designation <strong>for</strong> Superannuation Funds, Family Trusts or MinorsIf your account is intended to be operated on behalf of a superannuation fund, family trust, person under the age of 18 or as atrustee, please give the name of the entity here as an account designation. The word “Trust” cannot be included.3. <strong>Client</strong> DetailsTelephone NumbersPlease tick yourpreferred contact numberHomeFacsimile( )( )WorkMobile( )( )Email AddressRegistration AddressStatePostcodePostal/Street AddressIf same as RegistrationAddress, write “as above” State Postcode4. Payment InstructionsRefer explanations opposite. If neither option is selected below, settlement will then take place by cheques.Please select ONE option from the following:The <strong>Client</strong>s requests <strong>Shaw</strong> to settle all transactions through a Cash Management Account andCompleted CMA application <strong>for</strong>m enclosedORRequires details of the <strong>Shaw</strong> CMA providersORThe <strong>Client</strong> instructs <strong>Shaw</strong> to directly deposit credit payments due to the <strong>Client</strong> in the account nominated below.Name of Financial InstitutionBank State Branch (BSB)Account NameAccount NumberPage 3


You, by ticking the appropriate box:a. Agree to the terms and conditions of the <strong>Shaw</strong> <strong>Client</strong> Agreement as set out on <strong>page</strong>s 9 to 11.b. Wish to become broker sponsored by <strong>Shaw</strong> using the CHESS system and agree to act in accordance with the termsand conditions on <strong>page</strong>s 12 to 14. If you do not wish to be broker sponsored please tick this boxc. Instruct <strong>Shaw</strong> and its representatives to dispatch electronically any confirmation to the <strong>Client</strong> by email and/or facsimiletransmission to the email address(es) or facsimile number(s) listed in Section 3 of this Account Opening Form.Indicate one onlyEmail AddressFacsimile NumberIf you wish the confirmations to be sent elsewhere than listed in Section 3, please indicate below:d. Agree to the terms and conditions <strong>for</strong> <strong>Shaw</strong> Online on <strong>page</strong>s 15 and 16 and wish to register.My/our 8 to 10 character password ise. Please contact me about <strong>Shaw</strong>’s Portfolio Administration Service.Do you wish a Third Party to transact on your behalf (see clause 3, <strong>Shaw</strong> <strong>Client</strong> Agreement <strong>page</strong> 9)Yes (Please complete this section) No (Please proceed to 7)Name of Person(s) or Australian Financial Services Licence (AFSL) holder authorised to give instructions on behalf of the <strong>Client</strong>:AFSL holder and its authorised representativesORIndividual authority given to:Title Title Mr Ms Mrs Miss Dr Other (specify) ____________________________Specimen signatureFull Nameof Third PartyTitle Title Mr Ms Mrs Miss Dr Other (specify) ____________________________Specimen signatureFull Nameof Third PartyExecuted on theSIGNED BY THE CLIENTday ofyearIndividual or Joint Account Holder 1 Joint Account Holder 2 Joint Account Holder 3DirectorPlease print name(s) of above signatoriesDirector/Company SecretarySole Director/Company SecretaryNote: When signed under Power of Attorney, the attorney states that they have not received a notice of revocation. SHAW needs an originally certified copy of thePower of Attorney.V 20070117Page 4


<strong>Shaw</strong> Financial Services GuideAbout this Financial Services Guide (“FSG”)This FSG provides you with the key in<strong>for</strong>mation about the services <strong>Shaw</strong> <strong>Stockbroking</strong> Limited (“<strong>Shaw</strong>”) and itsAdvisors offer to help you decide whether to use those services. This FSG is current as at 17 January 2007.This FSG also includes in<strong>for</strong>mation about:• the specific services offered by <strong>Shaw</strong> and its Advisors under <strong>Shaw</strong>’s Australian Financial Services Licence;• how to buy or sell shares, other listed securities and financial products using <strong>Shaw</strong>;• some of the risks involved in buying or selling financial products;• the commission and other benefits that may be paid to <strong>Shaw</strong>, your Advisor and other relevant persons; and• how complaints against <strong>Shaw</strong> and your Advisor are dealt with.About <strong>Shaw</strong><strong>Shaw</strong>’s Australian Business Number (“ABN”) is 24 003 221 583.<strong>Shaw</strong> is a participant of the Australian Stock Exchange Ltd (“ASX”), AustralianClearing House Pty Ltd and ASX Settlement and Transfer Corporation PtyLtd. <strong>Shaw</strong> holds an Australian Financial Services Licence No. 236048 (“AFSLicence”). As a holder of an AFS Licence, <strong>Shaw</strong> is required to comply withthe provisions of the Corporations Act 2001 which are administered by theAustralian Securities and Investments Commission (“ASIC”).Under its AFS Licence, <strong>Shaw</strong> is authorised to undertake the following activities:Types of financial servicesProvide financial product adviceDeal in a financial product(issue, apply <strong>for</strong>, acquire, vary ordispose of financial products on behalfof another)Deal in a financial product(apply <strong>for</strong>, acquire, vary or disposeof financial products on behalf ofanother)Deal in a financial product(underwriting an issue of securitiesor interests in registered managedinvestment schemes)Provide a custodial or depositoryserviceTypes of financial productsDeposit and Payment Products– Basic Deposit ProductsDeposit and Payment Products– Non-basic Deposit ProductsDerivativesManaged Investment Schemes,including Investor Directed PortfolioServices (“IDPS”)SecuritiesSuperannuationMiscellaneous Financial Products,limited to managed investmentwarrantsDerivativesDeposit and Payment Products– Basic Deposit ProductsDeposit and Payment Products– Non-basic Deposit ProductsDerivativesManaged Investment Schemes,including IDPSSecuritiesSuperannuationMiscellaneous Financial Products,limited to managed investmentwarrantsManaged Investment Schemes(registered or unregistered)SecuritiesOperate a Custodial or DepositoryService that is not an IDPSWhat services does <strong>Shaw</strong> provide?<strong>Shaw</strong>’s AFS Licence enables it to provide a range of broking and adviceservices including the following:• buying and selling shares or securities listed on the ASX including initialpublic offerings, placements and other corporate actions;• dealing in derivatives including exchange traded options and warrants;• dealing in international equities and options;• dealing in bank bills, debentures and bonds;• cash management accounts;• dealing in managed funds;• managed discretionary accounts operated on your behalfby <strong>Shaw</strong>;• investment strategies <strong>for</strong> self managed superannuation funds. <strong>Shaw</strong>’ssuperannuation accredited Advisors can provide financial product advice <strong>for</strong>self managed superannuation funds. All such funds are required to have a<strong>for</strong>mal investment strategy. It is the responsibility of the trustees of the fundto ensure that the investment portfolio is within the benchmarks set out inthe investment strategy. <strong>Shaw</strong>’s accredited Advisors can assist the trusteeto implement the investment strategy;• a portfolio administration service which provides quarterly capital gains taxreports, portfolio valuations, income reports and sector analysis;• a nominee company service under which shares are held in trust on yourbehalf. The name of the nominee company that provides this service isMcNeil Nominees Pty Ltd. The company is an authorised representative of<strong>Shaw</strong>;• margin lending; and• online in<strong>for</strong>mation services.Your AdvisorYour Advisor is an authorised representative of <strong>Shaw</strong> and is authorised toprovide you with some or all of the above services. Details of your Advisor areincluded with this FSG. If you do not have an Advisor, please contact <strong>Shaw</strong>so that we may introduce you to an Advisor to assist you with your personalcircumstances.If you already own shares or other financial products, your Advisor can reviewyour portfolio and help you decide whether the financial products you holdare still appropriate having regard to your personal circumstances. If you donot already own shares or other financial products, your Advisor can help youdesign a portfolio to suit your personal circumstances.Your Advisor can provide you with either personal advice or general advice asrequired:• Personal advice is advice that takes into account one or more of yourobjectives, financial situation and needs (“your personal circumstances”).You should immediately notify your Advisor if your personal circumstanceschange. Each time you receive any personal advice, you will be asked toconfirm whether your personal circumstances have changed. It is importantto realise that your Advisor can only make recommendations based onthe in<strong>for</strong>mation provided by you. Without all the necessary in<strong>for</strong>mation, theadvice given may not be appropriate <strong>for</strong> your personal circumstances.Page 5


<strong>Shaw</strong> Financial Services GuideContinued• General advice is advice that does not take into account your personalcircumstances. Be<strong>for</strong>e acting on any general advice, you must consider theappropriateness of the advice in light of your personal circumstances. <strong>Shaw</strong>strongly recommends that you obtain a copy of and consider the ProductDisclosure Statement (if any) <strong>for</strong> the relevant product be<strong>for</strong>e making anydecision.Please note that your Advisor can not provide any taxation advice. However,your Advisor can work in conjunction with your tax advisors to help youachieve your financial objectives.Research servicesYour Advisor can provide you with research reports and other in<strong>for</strong>mationissued by <strong>Shaw</strong>’s research department. Some of the reports issued by theresearch department include:• comprehensive company reports analysing nearly 200 ASX stocks,including financials, valuations and recommendations;• daily morning comments and opinions;• specialist reports on dividends, reporting dates and income securities;• company profiles on over 200 ASX stocks;• bi-monthly research bulletins; and• <strong>Shaw</strong> View – the latest <strong>Shaw</strong> analyst recommendations on breaking news.You should bear in mind that these reports are prepared <strong>for</strong> multipledistribution and contain in<strong>for</strong>mation and opinions of a general nature. Theymay not necessarily be suitable <strong>for</strong> or take into consideration your personalcircumstances. You should always consult your Advisor be<strong>for</strong>e acting on anyresearch report.Online in<strong>for</strong>mation services<strong>Shaw</strong>’s website contains a wide range of in<strong>for</strong>mation to assist you makeinvestment decisions. This in<strong>for</strong>mation includes:• access to <strong>Shaw</strong>’s extensive research library;• graphical representations of your CHESS holdings;• cash balances in your cash management account;• transaction history;• confirmations online and via email;• comprehensive records of each equity trade you have made through us;• 20 minute delayed ASX prices, quotes, announcements, company profilesand historical prices; and• 40 customisable watch lists and Paritech charting package to compareASX listed stocks.How do I access these services?To access the services offered by <strong>Shaw</strong> you should enter into a clientagreement relevant to the particular service. If you are a new client then<strong>Shaw</strong>’s equities client agreement and the other client agreements <strong>for</strong> optionsand warrants are available from your Advisor, or online from <strong>Shaw</strong>’s websitewww.egoli.com.au. You should read the terms of any client agreementcarefully. If you have any questions about any client agreement, you shouldseek independent legal advice. Please note that your Advisor cannot give youlegal advice.Buying and selling sharesDetailed below is some general in<strong>for</strong>mation you will need to consider if you wishto buy and sell shares, options, other listed securities and financial products.Placing your orderYou can give your Advisor instructions to buy or sell securities and financialproducts in person, by telephone, facsimile, post or email. Please note thatinstructions sent by facsimile, post or email will not be deemed to be receiveduntil your Advisor has confirmed receipt. It is essential that you provide yourAdvisor with clear instructions. <strong>Shaw</strong> will process your order(s) in accordancewith the ASX Market Rules.Processing your orderMost orders are processed shortly after receipt, however there is noguarantee that your order will be processed within any given time period.The time taken to process your order will depend upon a number of factors,including your price instructions, the state of the market and the number ofsecurities to be traded. Your Advisor will tell you if there are any unexpecteddelays in processing your order. Once your order is processed, <strong>Shaw</strong> willissue a confirmation detailing the transaction undertaken to buy or sellsecurities. <strong>Shaw</strong>, its associates and their respective officers and employeesmay have a pecuniary or other interest in any financial products and earnfees from dealing in any financial products as outlined in this FSG. <strong>Shaw</strong>’sallocation policy is in accordance with the ASX Market Rules.Settlement (Shares and Options)The ASX Market Rules require share transactions to be settled on the thirdbusiness day after the transaction was undertaken. In industry terms this iscalled “T+3”. Option transactions are required to be settled on the followingbusiness day after the transaction was undertaken. In industry terms this iscalled “T+1”.The T+3 and T+1 obligations do not provide much time <strong>for</strong> you to organisepayment <strong>for</strong> the transaction. Delays in postage affecting both your receipt ofthe confirmation and <strong>Shaw</strong>’s receipt of your cheque can easily run to morethan 3 days. If settlement is delayed, “fail fees” or “late fees” may be payable.The means of calculation of these fees is explained in this FSG under theheading “Other Fees and Charges”.The payment <strong>for</strong> any securities transaction must be deposited into<strong>Shaw</strong>’s Trust Account with the ANZ Bank, BSB 012 055, Account Number8373 79833. To ensure prompt processing of your payment, please insertyour account number in the reference of any deposit made by you directlyinto the trust account. To ensure the ASX settlement requirements are metand you do not incur any fail fees, your settlement funds should be depositedinto <strong>Shaw</strong>’s Trust Account be<strong>for</strong>e 10 am on T+3 (<strong>for</strong> securities) or T+1(<strong>for</strong> options). <strong>Shaw</strong> will keep the interest (if any) earned on any trust accountincluding any interest earned with respect to any money of yours whichmust be paid into that account in accordance with the requirements of theCorporations Act.If you fail to settle a transaction by the date or time required under the relevantconfirmation you must indemnify <strong>Shaw</strong> against all costs, expenses and lossesincurred resulting from your failure to settle by the due date and <strong>Shaw</strong> will beentitled to re-sell or re-purchase (as the case may be) the securities which arethe subject of the uncompleted transaction, and any other securities <strong>Shaw</strong>holds as sponsor on CHESS. Any such sale or purchase will be at your riskand expense (including all applicable brokerage, administration fees and anyduty or other taxes).Canceltes by the ASXIn certain circumstances, the ASX Market Rules allow the ASX to take anyaction it considers appropriate to deal with erroneous trades, includingcancelling or amending a trade. <strong>Shaw</strong> is entitled to cancel or amend a tradewithout further reference to you where the ASX has recommended or requiredit, or where it is permitted under the ASX Market Rules.Cash Management Account or Direct Debit/CreditYour Advisor can help you establish a Cash Management Account (“CMA”)with either St George Bank or Macquarie Bank. A CMA can be used tohold the funds with which you plan to buy shares and settle securitiestransactions. Alternatively, you may authorise <strong>Shaw</strong> to directly debit and/or credit your bank account <strong>for</strong> settlement purposes. There are severaladvantages of a CMA or a Direct Debit/Credit Facility (“DD/CF”) including:• a CMA or DD/CF can be used <strong>for</strong> the timely settlement of share purchases.This makes the T+3 or T+1 settlement requirements far easier to meet;• your CMA or DD/CF is credited or debited (as the case may be) after anytransaction on the third business day <strong>for</strong> shares and the next business day<strong>for</strong> options;• you will earn a competitive interest rate on the funds you have set aside inthe CMA (subject to certain minimum deposits) and the normal interest rateyou receive from your bank account using a DD/CF to your bank account.Page 6


Funds you realise from selling shares or options earn interest as soon assettlement is completed; and• a CMA or DD/CF reduces your paperwork and makes it easier to keeptrack of your transactions.“CHESS” sponsorshipA vast majority of shares purchased or sold on the ASX are settled via theClearing House Electronic Sub-register System (“CHESS”). Your Advisor canarrange CHESS sponsorship <strong>for</strong> your shares once you have executed thenecessary documents. CHESS sponsorship makes buying and selling shareseasier and far more convenient <strong>for</strong> you. It relieves you of the need to providecopies of the statements of your holdings when you sell shares. Because allof your holdings are held with the broker you use, it greatly reduces the riskof late settlement of a sale. It also facilitates the process of changing yourregistration details if you change your address.Investment risksShares, options and any other listed securities can rise or fall in value. Themeasure of this change in value is often referred to as volatility. The morevolatile the asset, the greater the likelihood of significant gains or losses.Any security may incur daily price changes, as new in<strong>for</strong>mation becomesavailable to investors. The market is constantly evaluating the strengths andweaknesses of each security in relation to various risk factors. The followinglist sets out some of the possible risks associated with investing in listedsecurities:• Overall Market Factors – the risk of loss by reason of movements in theshare market generally caused by political, economic, taxation or legislativefactors.• International Factors – the vulnerability of a company to internationalevents or market factors, such as movements in exchange rates, changesin trade or tariff policies and changes in other stock or bond markets.• Sector Specific Factors – these may include demand <strong>for</strong> theproduct the company produces, commodity prices, the economic cycle ofindustry, changes in consumer demands, lifestyle changes and changes intechnology.• Stock Specific Factors – these would include amongst many othermatters, the strength of the company’s management and board, thecompany’s profit history, tangible asset base, debt level and fixed coststructure, litigation, profits or losses on particular contracts, drill orexploration results and competition from within the sector.Remuneration of your AdvisorYour Advisor (or your Advisor’s employer) usually receives remunerationmonthly of between 35% and 50% of the commission brokerage he/shegenerates <strong>for</strong> <strong>Shaw</strong>.Benefits payable to <strong>Shaw</strong>Commission/brokerageWhen is it payable?<strong>Shaw</strong> receives commission brokerage whenever shares, options or othersecurities are bought and sold.How much is payable? (plus GST)Commission brokerage is charged as a percentage of the value of the trade.For example, if you buy or sell $15,000 worth of shares at 1.5% commissionbrokerage, you would be charged commission brokerage of $225 (plus GST).The rate of commission brokerage is usually less than 5% and between 1.0%and 2.5%.All transactions are subject to a minimum charge <strong>for</strong> commission brokerage.As at the date of this FSG, the minimum charges are $95 <strong>for</strong> a purchase and$75 <strong>for</strong> a sale.The specific rate of commission brokerage will depend on factors such as thelevel of service, the type of advice, the type of financial product, the size ofthe transaction and the frequency of transactions on your account(s).The actual amount of commission brokerage payable by you will be disclosedin the confirmation <strong>for</strong> the transaction.If you receive personal advice in relation to a financial product and theamount of commission brokerage can be calculated at that time, the actualamount will also be set out in any statement of advice or record of personaladvice or confirmation that may be provided to you.Cash Management Account (“CMA”) – fees/commissionsWhen is it payable?<strong>Shaw</strong> may receive a fee or commission from the relevant bank on amountsdeposited in a CMA.How much is payable? (plus GST)Any fees or commissions <strong>Shaw</strong> receives are calculated as a percentageof the amount deposited in a CMA. The rate of commission is usuallybetween 0.10% and 1%. The specific rate will be provided to you with thedocumentation required to open a CMA.Other commissionsWhen is it payable?<strong>Shaw</strong> may receive a fee or commission from the various financial productissuers on amounts invested by you in the financial product.How much is payable? (plus GST)Any fees or commissions <strong>Shaw</strong> receives are calculated as a percentageof the amount you invest in the financial product. The rate of commissionis usually between 0.05% and 1% depending on the period of investment.The specific rate will be provided to you with the issuer’s documentation orproduct disclosure statement.Other fees and chargesPreparation fee:– statement of advice– record of further adviceWhen is it payable?Usually a fee will only be charged by <strong>Shaw</strong> if your advice requirements areexceptionally complex. Your Advisor will in<strong>for</strong>m you if a fee is payable.How much is payable? (plus GST)If a fee is payable, your Advisor will discuss it with you prior to preparation ofthe advice. If your personal circumstances change after the advice has beenprepared, and you require further advice to take account of this change, afurther fee may be imposed.Record of further adviceWhen is it payable?<strong>Shaw</strong> may charge a fee whenever your Advisor provides you with furtheradvice and you request a record of that advice.How much is payable? (plus GST)$200 <strong>for</strong> each request, payable in advance.Search feesWhen is it payable?If you wish to sell issuer-sponsored securities and you supply a SecurityReference Number (SRN) which is incomplete or incorrect, <strong>Shaw</strong> may needto apply <strong>for</strong> the correct SRN via CHESS.How much is payable? (plus GST)A charge of between $5 and $15 will be made to cover <strong>Shaw</strong>’s costs.Fail feesWhen is it payable?If you wish to buy or sell securities and you do not settle that trade or supplyholder in<strong>for</strong>mation to <strong>Shaw</strong> within the T+3 or T+1 time frame (as the casemay be), fail fees will be charged to your account.How much is payable? (plus GST)Sell trades: 0.10% of the trade value per day (subject to a $50 minimum perday and a $2,000 maximum) plus $5 per day handling fee.Buy trades: $25 minimum on T+3 fails plus 0.04% of the outstanding amountper day.Page 7


<strong>Shaw</strong> Financial Services GuideContinuedPortfolio Administration Service (“PAS”)When is it payable?<strong>Shaw</strong> may charge a fee prior to providing you with the PAS.How much is payable? (plus GST)The PAS fee is invoiced quarterly as a percentage (up to 2%) calculated onthe value of your portfolio, with a minimum quarterly fee of $500.Nominee company serviceWhen is it payable?<strong>Shaw</strong> may charge a quarterly fee if you utilise the nominee company service.How much is payable? (plus GST)The fees are based on the number of different company shares held with<strong>Shaw</strong>’s nominee company but subject to a minimum of $500 per annum. Theyearly rates charged <strong>for</strong> using the nominee service are negotiated between<strong>Shaw</strong> and you annually be<strong>for</strong>e entering into the service <strong>for</strong> that year.<strong>Shaw</strong> Corporate Finance Pty Ltd (“SCF”)SCF is a wholly owned subsidiary of <strong>Shaw</strong>. SCF is an authorisedrepresentative of <strong>Shaw</strong>. SCF undertakes and earns income in connection withvarious corporate finance activities including but not limited to underwriting,sub underwriting, best endeavours placements and initial public offeringsof securities in listed public companies (amongst other things). <strong>Shaw</strong>, SCFand their Advisors and staff may earn fees, commission or income fromsuch corporate finance activities and have interests directly or indirectly inthe securities involved in these activities. Any fees earned by <strong>Shaw</strong>, SCF, itsAdvisors and staff will be disclosed in the documentation relating to the offer.Financial advisors – referrals<strong>Shaw</strong> may pay fees to another AFS Licence holder <strong>for</strong> referring your businessto <strong>Shaw</strong>.When is it payable?<strong>Shaw</strong> will pay a share of commission brokerage to another AFS Licence holderwho has entered into a referral agreement with <strong>Shaw</strong> whenever shares, optionsor other securities are bought and sold by you as a result of that referral.How much is payable? (plus GST)The share of commission brokerage is calculated as a percentage of thecommission brokerage which <strong>Shaw</strong> receives from you <strong>for</strong> the transaction. Forexample, if you are charged commission brokerage of $225 plus GST <strong>for</strong> atransaction <strong>Shaw</strong> may pay approximately 50% of that amount to the financialadvisor. The rate of the share of the commission brokerage is usually between0% and 75%. The specific rate will depend on the terms of the agreementbetween <strong>Shaw</strong> and the financial advisor.The total amount of the commission brokerage payable by you will bedisclosed in the confirmation <strong>for</strong> the transaction.You may request particulars of the remuneration which the financial advisor willreceive from <strong>Shaw</strong>. Any request must be made within a reasonable time afteryou receive this FSG and be<strong>for</strong>e any financial service is provided to you.If you receive personal advice in relation to a financial product and the amountof the share of the commission brokerage can be calculated at that time, theactual amount will be disclosed at the time the personal advice is given or assoon as practicable after that time.Other documents you may also receiveIn addition to this FSG, you may also receive either or both of a “Statement ofAdvice” and a “Product Disclosure Statement”. The circumstances in whichthese documents will be provided are set out below.Statement of Advice (“SOA”)If your Advisor provides you with personal advice in relation to a financialproduct or service, you are also entitled to receive a SOA. The purpose of aSOA is to help you understand and decide whether to rely on the personaladvice. The statement of advice will set out the advice, the basis on whichit was given, and in<strong>for</strong>mation about fees, commissions and any relationships<strong>Shaw</strong> has with third parties that may have influenced the advice.If there is any change in your personal circumstances after an initial SOAhas been provided, you should immediately notify your Advisor so that anupdated SOA can be provided.You will not receive a SOA if your Advisor is providing you with “furtheradvice” (“FA”). Generally speaking, advice will constitute FA if:• your Advisor has previously given you a SOA that sets out your personalcircumstances;• your Advisor provides you with further advice recommending that you buyor sell shares, options, other listed securities or financial products; and• your personal circumstances and the basis on which the further advice wasgiven have not significantly changed since the previous advice was given.If you have not already been provided with a record of the FA, you mayrequest your Advisor to provide you with such a record. <strong>Shaw</strong> maintains allrecords which relate to the provision of FA <strong>for</strong> 7 years.Product Disclosure Statement (“PDS”)If your Advisor provides you with personal advice recommending a particularfinancial product (other than securities such as listed shares), your Advisor willgive you a PDS which has been issued by or on behalf of the product issuer.The main purpose of a PDS is to help you compare and make an in<strong>for</strong>medchoice about a financial product. A PDS will contain general in<strong>for</strong>mation aboutthe product including the terms and conditions <strong>for</strong> the product, any significantbenefits and risks associated with holding the product, and in<strong>for</strong>mation aboutthe cost of the product.How is my personal in<strong>for</strong>mation dealt with?The privacy of your personal in<strong>for</strong>mation collected in order to provide you withthe products and services in accordance with your needs and requirementsis important to <strong>Shaw</strong>. Presently, telephone conversations with your Advisorare not recorded, however if this changes you will be notified. <strong>Shaw</strong> hasadopted the principles set out in the Privacy Act 1988 as part of our provisionof quality service to clients. For details of <strong>Shaw</strong>’s privacy policy please go towww.egoli.com.au or ask your Advisor <strong>for</strong> a copy.ComplaintsIf you have a complaint about the services, advice or any matter provided by<strong>Shaw</strong> or your Advisor, you should take the following steps:1. Contact your Advisor and discuss the complaint directly.2. If you do not feel com<strong>for</strong>table discussing the complaint with your Advisoror your complaint is not satisfactorily resolved within 2 working days,please telephone <strong>Shaw</strong> and ask to speak with our Complaints Officer. Wesuggest you put your complaint in writing at this time so that the issues arefully documented and understood by the parties. Your complaint shouldbe addressed to The Complaints Officer, <strong>Shaw</strong> <strong>Stockbroking</strong> Limited, GPOBox 3604, Sydney NSW 2000 or faxed to 02 9232 1296. Every ef<strong>for</strong>t willbe made to resolve your complaint within 45 days.3. If you are still not satisfied with the outcome, you may take your complaintto an external dispute resolution scheme. <strong>Shaw</strong> is a member of thescheme operated by the Financial Industry Complaints Service. You shouldwrite to the Chief Executive Officer, PO Box 579, Collins Street West,Victoria, 8007 or telephone toll fee 1800 335 405.You may also wish to consult ASIC in relation to your complaint. ASIC’swebsite contains in<strong>for</strong>mation on complaining about companies and peopleand describes the types of complaints handled by ASIC. ASIC’s details are asfollows:Tel: 1300 300 630Email: infoline@asic.gov.auInternet: www.asic.gov.auYou may also wish to consult the Australian Stock Exchange. You can<strong>for</strong>ward details of your complaint in writing to the ASX at 20 Bridge Street,Sydney NSW 2000.Page 8


<strong>Shaw</strong> <strong>Client</strong> AgreementBetween<strong>Shaw</strong> <strong>Stockbroking</strong> Limited ABN 24 003 221 583 of Level 16,60 Castlereagh Street, Sydney, NSW (“<strong>Shaw</strong>”)andThe party set out in this document as the <strong>Client</strong> (“you”)1. Definitions1.1 In this Agreement unless the context otherwise requires:“ACH” means Australian Clearing House Pty Ltd ACN 003 435 014.“Advisor” or “your Advisor” means an authorised representativeof <strong>Shaw</strong>.“ASX” means Australian Stock Exchange Limited ACN 008 624 691.“Clearing Rules” means the ACH Clearing Rules.“Market Rules” means the ASX Market Rules.“your personal circumstances” has the meaning given to that termunder clause 7.1.2. General2.1 This Agreement will apply to all dealings between you and <strong>Shaw</strong> inrelation to financial products traded on the ASX or any other dealingsin financial products traded on an exchange.2.2 There are additional documents which you must sign in order to tradein certain types of derivatives:(a) to trade in exchange traded options you must also sign a <strong>Client</strong>Agreement <strong>for</strong> ASX Derivative Products; and(b) to trade in warrants you must also sign an ASX Warrant <strong>Client</strong>Agreement.3. Your instructions3.1 If you wish to authorise another person to give instructions on yourbehalf, you must complete Section 6 of the <strong>Shaw</strong> Account OpeningForm. Any change to this authority must be notified to <strong>Shaw</strong> in writing.3.2 <strong>Shaw</strong> may assume that any instructions given orally or in writing byyou (or an authorised third party) are genuine.3.3 By giving instructions to <strong>Shaw</strong> you warrant that:(i) you are not an employee of another ASX Market Participant,(ii) you have sufficient funds and Financial Products, and are otherwiseable, to meet any obligations which may arise from transactions onyour account, and(iii) if a duly appointed attorney has executed this Agreement on yourbehalf, and gives instructions to <strong>Shaw</strong> pursuant to it, at thosetimes the power of attorney has not been revoked and validlyempowers the attorney to so act.4. Joint accounts4.1 If this account is a joint account, these terms and conditions bindeach of you jointly and severally and each of you have full authority tooperate the account.4.2 <strong>Shaw</strong> may act on the instructions of each joint account holder withoutthe necessity to refer to or to notify any other person in connectionwith those instructions. Signatures of all joint account holders will berequred to give directions relating to payments to third parties and <strong>for</strong>changes related to sponsored holdings.5. Company accounts5.1 If this account is in the name of a company, unless otherwise specifiedin writing, <strong>Shaw</strong> may act on the instructions of any one of the directorsof the company as advised by you without the necessity to refer to ornotify any other person in connection with those instructions.6. Powers of attorney6.1 If securities are bought or sold pursuant to a power of attorney, youmust <strong>for</strong>ward to <strong>Shaw</strong> prior to the transaction a certified copy of therelevant power of attorney.7. Personal advice7.1 Personal advice is advice about securities, interests in managedinvestment schemes and derivatives which is given to you incircumstances where your Advisor has considered one or moreof your objectives, financial situation and needs (“your personalcircumstances”).7.2 You agree that the in<strong>for</strong>mation provided by you in this documentconstitutes your personal circumstances as at the date ofthis Agreement.7.3 You acknowledge that:(a) personal advice will only be given by your Advisor upon requestby you;(b) your Advisor can only make recommendations on the basis ofin<strong>for</strong>mation provided by you; and(c) if you have not provided your Advisor with full details of yourpersonal circumstances, the personal advice given by your Advisormay not be appropriate <strong>for</strong> your personal circumstances and youmust assess the suitability of the advice <strong>for</strong> yourself.7.4 You agree to in<strong>for</strong>m your Advisor of any changes in your personalcircumstances that may be relevant to any future personal advice.If you do not provide your Advisor with this in<strong>for</strong>mation, the personaladvice given will be based on the in<strong>for</strong>mation previously provided.8. General advice8.1 General advice is advice given to you in circumstances where yourAdvisor has not considered your personal circumstances. Youacknowledge that be<strong>for</strong>e acting on any general advice, you mustconsider the appropriateness of the advice in light of your personalcircumstances.9. Processing your order9.1 <strong>Shaw</strong> reserves the right to refuse to deal on your behalf <strong>for</strong> anyreason, or to deal only on such conditions as <strong>Shaw</strong> in its discretionconsiders appropriate.9.2 <strong>Shaw</strong> will not accept contingent orders to limit losses whilemaintaining a position (“stop loss orders”) under any circumstances.9.3 You and <strong>Shaw</strong> are bound by and will comply with the:(a) Corporations Act; and(b) the Rules, directions, decisions and requirements of the ASX, theAustralian Clearing House Pty Limited and the ASX Settlement andTransfer Corporation Pty Limited.9.4 You acknowledge and agree that:(a) under certain circumstances, the ASX Market Rules allow the ASXto take any action it considers appropriate to deal with erroneoustrades, including cancelling or amending a trade; and(b) <strong>Shaw</strong> is entitled to cancel or amend a trade without furtherreference to you where the ASX has recommended or required it,or where it is permitted under the ASX Market Rules.9.5 If an order which you have placed is only partly completed and ifthe ASX Market Rules allow <strong>Shaw</strong> to do so, you authorise <strong>Shaw</strong> toaccumulate and average the prices <strong>for</strong> that order in accordance withthe ASX Market Rules.9.6 You acknowledge and agree that <strong>Shaw</strong> may act as principal and in thesame trade may transact with you.Page 9


<strong>Shaw</strong> <strong>Client</strong> AgreementContinued10. Contract note/confirmation10.1 Each dealing between you and <strong>Shaw</strong> is subject to the provisionsof the relevant confirmation issued. If there is any conflict betweenthis Agreement and the terms of the confirmation, the terms of theconfirmation will prevail.10.2 <strong>Shaw</strong> may issue a further confirmation if the previous one containedany errors or omissions. Under those circumstances, the furtherconfirmation will supersede the previous one in all respects.10.3 If no objection to a confirmation is received from you within 48 hoursof its service:(a) <strong>Shaw</strong> may treat you as having accepted and ratified the contentsof the confirmation; and(b) the confirmation will (in the absence of manifest error) beconclusive evidence of the truth of its contents and that thedealings set out in the confirmation were executed in accordancewith your instructions.10.4 By providing <strong>Shaw</strong> with your email address in the <strong>Shaw</strong> AccountOpening Form, you instruct <strong>Shaw</strong> to <strong>for</strong>ward any confirmation or anyother documentation to you at that email address and not by post,unless you request otherwise.11. Settlements11.1 <strong>Shaw</strong> may in its discretion require you to provide sufficient money orsecurities to settle a proposed transaction be<strong>for</strong>e the transaction isexecuted by <strong>Shaw</strong>.11.2 Unless <strong>Shaw</strong> holds sufficient monies or securities on your behalf to settle atransaction, you must:(a) in the case of a purchase, pay the purchase price to <strong>Shaw</strong> no laterthan 10.00 am on the settlement date set out in the confirmation; or(b) in the case of a sale, deliver sufficient securities and/or any otherdocuments required by <strong>Shaw</strong> no later than the delivery date specifiedin the confirmation.11.3 If you fail to settle a transaction by the date or time required under therelevant confirmation:(a) you agree to indemnify <strong>Shaw</strong> against all costs, expenses and lossesincurred resulting from your failure to settle by the due date; and(b) <strong>Shaw</strong> will be entitled to re-sell or re-purchase (as the case may be) thesecurities which are the subject of the uncompleted transaction, andany other securities <strong>Shaw</strong> holds as sponsor on CHESS. Any such saleor purchase will be at your risk and expense (including all applicablebrokerage, administration fees and any duty or other taxes).11.4 <strong>Shaw</strong> is not able to accept payments in cash because of restrictionsplaced upon it under the Financial Transaction Reports Act 1988. Allpayments under this Agreement must be made by:(a) cheque;(b) direct debit; or(c) some other means acceptable to <strong>Shaw</strong>.11.5 You acknowledge that:(a) any money paid to <strong>Shaw</strong> in connection with a transactioncontemplated by this Agreement will be paid into a trust accountmaintained in accordance with section 981B of the Corporations Act;and(b) <strong>Shaw</strong> will keep the interest (if any) earned on any trust accountincluding any interest earned with respect to any money of yours whichmust be paid into that account in accordance with the requirements ofthe Corporations Act.11.6 <strong>Shaw</strong> will pay amounts due to you in accordance with your instructions,unless delivery is made in another name in which case payment will bemade in the name of the registered holder.12. Direct debit/credit12.1 If you wish <strong>Shaw</strong> to establish a direct debit/credit facility on your behalf,you must provide your up to date account details.12.2 The following rules will apply to any direct debit arrangements:(a) you must ensure that you have sufficient cleared funds in yournominated account to meet any debited transaction;(b) <strong>Shaw</strong> reserves the right to charge a dishonour fee if any debitedtransaction is returned as unpaid by your financial institution; and(c) you must advise <strong>Shaw</strong> promptly if your nominated account istransferred or closed.13. Warranties13.1 You warrant that:(a) all in<strong>for</strong>mation provided by you with this Agreement is accurate,and agree that <strong>Shaw</strong> may rely on that in<strong>for</strong>mation unless and untilyou provide written notice of any change;(b) if you are an individual, the name in which you open the account with<strong>Shaw</strong> is the name you are generally known as and is not an alias;(c) if this account is in the name of a company, the company is dulyincorporated and existing;(d) if you are a trustee:(i) you agree that this Agreement will bind you in both a personalcapacity and in your capacity as trustee;(ii) you can be indemnified out of the assets of the trust <strong>for</strong> allliabilities incurred under this Agreement; and(iii) you have properly exercised your trust powers and have fullauthority under the trust to enter into this Agreement;(e) if a duly appointed attorney is executing this Agreement on yourbehalf, and gives instructions to <strong>Shaw</strong> pursuant to it, at all timesthe power of attorney has not been revoked and validly empowersthe attorney to so act;(f) at all times during your dealings with <strong>Shaw</strong>, you will be in a positionto meet all of your commitments arising from these dealings;(g) any transaction you instruct <strong>Shaw</strong> or its Advisors and employeesto enter into will be consistent with your personal circumstances;(h) when you wish to sell securities, you will own those securities andthey will be available <strong>for</strong> delivery; and(i) when you wish to buy securities, you will have sufficient funds topay <strong>for</strong> those securities at completion.14. Non-discretionary <strong>Client</strong>14.1 You acknowledge and agree as follows:(a) that the account opened on your behalf with <strong>Shaw</strong> pursuant tothese terms and conditions is a non-discretionary account and<strong>Shaw</strong> will not act on a discretionary basis on your behalf exceptwith regard to price and timing of execution of an order;(b) you and <strong>Shaw</strong> must enter into a separate written agreement inorder <strong>for</strong> your account to be traded on a discretionary basis otherthan as regards price and timing of execution; and(c) you will advise <strong>Shaw</strong>’s Compliance Officer in writing of any orderon your account where you, or your attorney, or a third partyas authorised in writing by you did not provide instructions <strong>for</strong>that order. You agree that should you fail to so advise <strong>Shaw</strong>’sCompliance Officer within 48 hours of receipt of the confirmation<strong>for</strong> an order, you will accept and ratify the confirmation and it willbe conclusive evidence of the truth that the dealings set out in theconfirmation were executed in accordance with your instructions.Page 10


15. Charges15.1 You agree to:(a) pay <strong>Shaw</strong> any reasonable fees charged in relation to your dealings,including without limitation commission or brokerage; and(b) reimburse <strong>Shaw</strong> <strong>for</strong> any miscellaneous costs incurred in relationto your dealings, including without limitation GST, fail fees or latesettlement fees; and(c) pay any amounts due under paragraphs (a) and (b) in accordancewith <strong>Shaw</strong>’s instructions.15.2 You authorise <strong>Shaw</strong> to deduct any amounts payable to <strong>Shaw</strong> from anyaccount maintained by <strong>Shaw</strong> <strong>for</strong> you.15.3 You agree that any notice signed by a director or authorised employeeof <strong>Shaw</strong> which sets out an amount due and payable by you to <strong>Shaw</strong>is prima facie evidence of the same.16. GST16.1 If the supply of any services to you by <strong>Shaw</strong> under or pursuant to thisAgreement is a taxable supply then unless we tell you that the amountwhich you must pay <strong>for</strong> those services includes GST that amountdoes not include GST and at the time when you are required to pay<strong>for</strong> those services you must also pay to <strong>Shaw</strong> an additional amountequal to the GST payable on the supply of those services.16.2 If GST is payable on anything supplied to you under this Agreement<strong>Shaw</strong> will give you a Tax Invoice.16.3 Words defined in the A <strong>New</strong> Tax System (Goods & Services Tax) Act1999 have the same meaning in this clause.17. Research17.1 You acknowledge that:(a) any in<strong>for</strong>mation contained in <strong>Shaw</strong>’s research reports or on <strong>Shaw</strong>’swebsite contains in<strong>for</strong>mation and opinions of a general nature, andmay not be suitable or take into account your personal circumstances;(b) be<strong>for</strong>e acting on any in<strong>for</strong>mation contained in <strong>Shaw</strong>’s researchreports or on <strong>Shaw</strong>’s website, you should always consider theappropriateness of the advice having regard to your personalcircumstances, or consult your Advisor; and(c) <strong>Shaw</strong> accepts no responsibility <strong>for</strong> in<strong>for</strong>mation contained on anysites linked to <strong>Shaw</strong>’s website or on any <strong>for</strong>um that <strong>Shaw</strong> hosts.18. Termination18.1 Subject to the completion of any outstanding obligations, thisAgreement may be terminated by either party giving not less than7 days written notice to the other party.18.2 The termination of this Agreement shall be without prejudice to therights of the parties accrued up to the date of termination.19. Liability and indemnity19.1 <strong>Shaw</strong> shall not be liable <strong>for</strong> any loss or damage arising as a result of orin connection with:(a) any breach by you of this Agreement, the Market Rules, theClearing Rules or the Corporations Act;(b) misinterpretation of any in<strong>for</strong>mation provided by either of us inconnection with the transactions contemplated by this Agreement;(c) a delay in the execution of your order during the time it takes<strong>for</strong> <strong>Shaw</strong> to follow its internal procedures (eg opening accounts,transferring CHESS holdings, confirming your identity, or any othermatter as required by <strong>Shaw</strong> from time to time);(d) a delay in the execution of your order or an inability to completeyour order due to the failure of any telephone, computer or otherelectronic service, including the Integrated Trading System or anyother trading plat<strong>for</strong>m; or(e) a situation where <strong>Shaw</strong> does not receive your instructions, or isunable to receive or act on your instructions due to circumstancesbeyond <strong>Shaw</strong>’s reasonable control, except to the extent that liabilityunder any law cannot be excluded, or where the loss or damagewas directly caused by <strong>Shaw</strong>’s negligence, fraud or dishonesty.19.2 You indemnify <strong>Shaw</strong> and its officers, employees and agents (“thoseindemnified”) from and against any loss or liability reasonably incurredby those indemnified arising out of any default by you under thisAgreement, or anything lawfully done by <strong>Shaw</strong> pursuant to thisAgreement, including without limitation complying with any directionor request from the ASX, ACH or other regulatory authority.20. Miscellaneous20.1 You acknowledge that you have read and understood theFinancial Services Guide and any Statement of Advice providedwith this Agreement.20.2 In connection with any of the transactions contemplated by thisAgreement, you authorise <strong>Shaw</strong> to supply relevant in<strong>for</strong>mationcontained in your application <strong>for</strong>m to a credit reporting agency, andobtain credit reports about you from a credit reporting agency.20.3 You agree to take all reasonable steps to obtain and provide to <strong>Shaw</strong>all in<strong>for</strong>mation and documents with respect to your dealings which arelegally requested by another person. You authorise <strong>Shaw</strong> to pass thein<strong>for</strong>mation or documents on to that person.20.4 <strong>Shaw</strong> does not presently record any telephone conversations betweenits officers or employees and you. However, <strong>Shaw</strong> reserves the right torecord those conversations and to use those recordings <strong>for</strong> whateverpurpose <strong>Shaw</strong> thinks fit. <strong>Shaw</strong> will tell you if it intends to recordtelephone conversations.20.5 <strong>Shaw</strong> may amend or modify the terms and conditions set outin this Agreement by notification as disclosed on <strong>Shaw</strong>’s websitewww.egoli.com.au, the amendments or modifications of which willtake effect 7 days after posting of the notification.20.6 No waiver of any breach of this Agreement will be effected unlessthe waiver is in writing and signed by the party against whom thewaiver is claimed.20.7 Time is of the essence under this Agreement.20.8 This Agreement is governed by and construed in accordance with thelaws of <strong>New</strong> South Wales.20.9 This document contains the entire agreement between the partiesabout its subject matter. Any previous understanding, agreement,representation or warranty relating to that subject matter is replacedby this document and has no further effect.20.10 You are at liberty to decline to provide some or all of the in<strong>for</strong>mationrequested in this document. However, you acknowledge thatyour Advisor can only make recommendations on the basis ofin<strong>for</strong>mation provided by you. Without all the necessary in<strong>for</strong>mation,the advice provided by your Advisor may not be appropriate <strong>for</strong> yourpersonal circumstances.Page 11


<strong>Shaw</strong> CHESSSponsorship AgreementIn<strong>for</strong>mation about CHESSShould you have any queries regarding the settlement services of CHESS,the ASX’s explanatory CHESS booklet is viewable on <strong>Shaw</strong>’s website atwww.egoli.com.au under Egoli Services, “Education”. For further details of theeffect of this Sponsorship Agreement or <strong>for</strong> a hard copy of the ASX CHESSbooklet please contact your <strong>Shaw</strong> Advisor.This document details the terms and conditions of an agreement between you(the “Sponsored Holder”) and <strong>Shaw</strong> <strong>Stockbroking</strong> Ltd (“Participant”) relatingto the settlement services to be provided to you in accordance with theASTC Settlement Rules. Settlement means the actual transfer of ownership ofFinancial Products you have bought or sold. IT IS AGREED THAT:1. Interpretation1.1 Any term used in this Agreement which is defined in the ASTCSettlement Rules has the meaning given in the Rules. (Should yourequire a copy of these definitions please contact your Advisor)2. Participant rights2.1 Where the Sponsored Holder authorises the Participant to buyFinancial Products, the Sponsored Holder will pay <strong>for</strong> those financialproducts within 3 Business Days of the date of purchase.2.2 Subject to clause 2.3, the Participant is not obliged to transfer FinancialProducts into the Sponsored Holding, where payment <strong>for</strong> thoseFinancial Products has not been received, until payment is received.2.3 Where a contract <strong>for</strong> the purchase of Financial Products remainsunpaid, after the Participant has made a demand of the SponsoredHolder to pay <strong>for</strong> the Financial Products, the Participant may sellthose Financial Products that are the subject of that contract at theSponsored Holder’s risk and expense and that expense will includebrokerage and stamp duty.2.4 Where the Participant claims that an amount lawfully owed to it hasnot been paid by the Sponsored Holder, the Participant has theright to refuse to comply with the Sponsored Holder’s WithdrawalInstructions, but only to the extent necessary to retain financialproducts of the minimum value held in a Sponsored Holding (wherethe minimum value is equal to 120% of the current market value of theamount claimed).3. Sponsored holder’s rights3.1 Subject to clauses 2.3 and 2.4, the Participant will initiate any Transfer,Conversion or other action necessary to give effect to WithdrawalInstructions within 2 Business Days of the date of the receipt of writtenWithdrawal Instructions.3.2 The Participant will not initiate any Transfer or Conversion into orout of the Sponsored Holding without the express authority of theSponsored Holder.3.3 The regulatory regime which applies to the Participant is theCorporations Act 2001 together with the ASX Market Rules, ACHClearing Rules and ASTC Settlement Rules. The Sponsored Holdercan obtain in<strong>for</strong>mation as to the status of the Participant from theAustralian Stock Exchange Limited.3.4 The Sponsored Holder may lodge a complaint against the Participantor any claim <strong>for</strong> compensation with the Australian Securities andInvestments Commission, Australian Stock Exchange Limited,Financial Industry Complaints Service or Exchange GuaranteeCorporation Limited (National Guarantee Fund).4. Other rights and duties4.1 Supply of in<strong>for</strong>mation4.1.1 The Sponsored Holder will supply all in<strong>for</strong>mation and supportingdocumentation which is reasonably required to permit the Participantto comply with the registration requirements, as are in <strong>for</strong>ce from timeto time, under the ASTC Settlement Rules.4.2. Exchange traded options, pledging and sub-positions4.2.1 Where the Sponsored Holder arranges with ACH to lodge financialproducts in a Sponsored Holding as cover <strong>for</strong> written positions inthe Australian Options Market, and in<strong>for</strong>ms the Participant of thearrangement, the Sponsored Holder authorises the Participant to takewhatever action is reasonably required by ACH in accordance with theRules to give effect to that arrangement.4.2.2 Where the Sponsored Holder arranges with any person to give acharge or any other interest in financial products in a SponsoredHolding, the Sponsored Holder authorises the Participant to takewhatever action is reasonably required by the person in accordancewith the Rules to give effect to that arrangement.4.2.3 The Sponsored Holder acknowledges that where, in accordancewith this Agreement and/or the Sponsored Holder’s instructions,the Participant initiates any action which has the effect of creating asub-position over financial products in the Sponsored Holding, theright of the Sponsored Holder to transfer, convert or otherwise dealwith those financial products is restricted in accordance with the termsof the Rules relating to sub-positions.4.2.4 In the event of any default by the Sponsored Holder in relation to optionpositions, the Participant may at its sole discretion sell sufficient FinancialProducts held in your Sponsored Holding(s) to cover the default.4.2.5 Nothing in this Agreement operates to override any interest of ACH inthe financial products.5. Fees5.1 The Sponsored Holder will pay all Brokerage fees and associatedtransactional costs within the period prescribed by the Participant.5.2 The Participant does not charge an additional fee <strong>for</strong> theadministration of Sponsored Holdings.6. Mandatory notifications and acknowledgments6.1 The Sponsored Holder acknowledges that if the Participant is nota Participating Organisation of ASX, neither ASX nor any RelatedParty of ASX has any responsibility <strong>for</strong> supervising or regulating therelationship between the Sponsored Holder and the Participant, otherthan in relation to the Rules relating to Sponsorship Agreements.6.2 The Sponsored Holder acknowledges that if a Transfer is taken to beeffected by the Participant under Section 9 of the ASTC SettlementRules and the Source Holding <strong>for</strong> the Transfer is a Sponsored Holdingunder the Sponsorship Agreement, then:(a) the Sponsored Holder may not assert or claim against ASTC or therelevant Issuer that the Transfer was not effected by the Participantor that the Participant was not authorised by the Sponsored Holderto effect the Transfer; and(b) unless the Transfer is also taken to have been effected by aParticipating Organisation of ASX or a Clearing Participant of ACH,the Sponsored Holder has no claim arising out of the Transferagainst the National Guarantee Fund under Part 7.5, Division 4 ofthe Corporations Regulations.Page 12


6.3 In the event that the Participant breaches any of the provisions ofthis Agreement, the Sponsored Holder may refer that breach to anyregulatory authority, including ASTC.6.4 In the event that the Participant is suspended from CHESSparticipation, subject to the assertion of an interest in Financial Productscontrolled by the Participant, by the liquidator, receiver, administratoror trustee of that Participant:(a) the Sponsored Holder has the right, within 20 Business Daysof ASTC giving Notice of suspension, to give notice to ASTCrequesting that any Sponsored Holdings be removed either:(i) from the CHESS Subregister; or(ii) from the control of the suspended Participant to the controlof another Participant with whom they have concluded a validSponsorship Agreement pursuant to Rule 12.19.10; or(b) where the Sponsored Holder does not give notice underclause 6.4.(a), ASTC may effect a change of Controlling Participantunder Rule 12.19.11. and the Sponsored Holder will be deemed tohave entered into a new Sponsorship Agreement with the substituteParticipant on the same terms as the existing SponsorshipAgreement. Where a Sponsored Holder is deemed to have enteredinto a Sponsorship Agreement, the new Participant must enterinto a Sponsorship Agreement with the Sponsored Holder within10 Business Days of the change of Controlling Participant.6.5 The Sponsored Holder acknowledges that be<strong>for</strong>e the SponsoredHolder executed the Sponsorship Agreement, the Participant providedthe Sponsored Holder with an explanation of the effect of theSponsorship Agreement and that the Sponsored Holder understoodthe effect of the Sponsorship Agreement.6.6 The Sponsored Holder acknowledges that in the event of the deathor bankruptcy of the Sponsored Holder, a Holder Record Lock willbe applied to all Sponsored Holdings in accordance with the ASTCSettlement Rules, unless the Sponsored Holder’s legally appointedrepresentative or trustee elects to remove the Sponsored Holdingsfrom the CHESS Subregister.6.7 The Sponsored Holder acknowledges that in the event of the deathof the Sponsored Holder, this Sponsorship Agreement is deemed toremain in operation, in respect of the legally appointed representativeauthorised to administer the Sponsored Holder’s estate, subject to theconsent of the legally appointed representative, <strong>for</strong> a period of up to3 calendar months after the removal of a Holder Record Lock appliedpursuant to clause 6.6.For joint holdings only6.8 The Sponsored Holder acknowledges that in the event of the death ofone of the Holders, upon receipt of written notification, the Participantwill transfer all Holdings under the joint Holder Record into newHoldings under a new Holder Record in the name of the survivingSponsored Holder(s), and that this Sponsorship Agreement will remainvalid <strong>for</strong> the new Holdings under the new Holder Record.6.9 The Sponsored Holder acknowledges that in the event of the bankruptcyof one of the Holders the Participant will:(a) unless the legally appointed representative of the bankruptSponsored Holder elects to remove the Sponsored Holdings fromthe CHESS Subregister, establish a new Holder Record in thename of the bankrupt Sponsored Holder, transfer the interest ofthe bankrupt Sponsored Holder into new Holdings under the newHolder Record and request that ASTC apply a Holder Record Lockto all Holdings under that Holder Record; and(b) establish a new Holder Record in the name(s) of the remainingSponsored Holder(s) and Transfer the interest of the remainingSponsored Holder(s) into new Holdings under the new Holder Record.7. Change of controlling participant7.1 If the Sponsored Holder receives a Participant Change Notice from theControlling Participant of the Sponsored Holding and the ParticipantChange Notice was received at least 20 Business Days prior to thedate proposed in the Participant Change Notice <strong>for</strong> the change ofControlling Participant, the Sponsored Holder is under no obligation toagree to the change of Controlling Participant, and may choose to doany of the things set out in clause 7.2 or 7.3.7.2 The Sponsored Holder may choose to terminate the Agreement bygiving written Withdrawal Instructions under the ASTC SettlementRules to the Controlling Participant, indicating whether the SponsoredHolder wishes to:(a) transfer its Sponsored Holding to another Controlling Participant; or(b) transfer its Sponsored Holding to one or more IssuerSponsored Holdings.7.3 If the Sponsored Holder does not take any action to terminate theagreement in accordance with clause 7.2, and does not give any otherinstructions to the Controlling Participant which would indicate thatthe Sponsored Holder does not agree to the change of ControllingParticipant then, on the Effective Date, the Agreement will have beentaken to be novated to the <strong>New</strong> Controlling Participant and will bebinding on all parties as if, on the Effective Date:(a) the <strong>New</strong> Controlling Participant is a party to the Agreement insubstitution <strong>for</strong> the Existing Controlling Participant;(b) any rights of the Existing Controlling Participant are transferred tothe new Controlling Participant; and(c) the Existing Controlling Participant is released by the SponsoredHolder from any obligations arising on or after the Effective Date.7.4 The novation in clause 7.3 will not take effect until the SponsoredHolder has received a notice from the <strong>New</strong> Controlling Participantconfirming that the <strong>New</strong> Controlling Participant consents to actingas the Controlling Participant <strong>for</strong> the Sponsored Holder. The EffectiveDate may as a result be later than the date set out in the ParticipantChange Notice.7.5 The Sponsored Holder will be taken to have consented to theevents referred to in clause 7.4 by the doing of any act which isconsistent with the novation of the Agreement to the <strong>New</strong> ControllingParticipant (<strong>for</strong> example by giving an instruction to the <strong>New</strong> ControllingParticipant), on or after the Effective Date, and such consent will betaken to be given as of the Effective Date.7.6 The Agreement continues <strong>for</strong> the benefit of the Existing ControllingParticipant in respect of any rights and obligations accruing be<strong>for</strong>ethe Effective Date and, to the extent that any law or provision of anyagreement makes the novation in clause 7.3 not binding or effectiveon the Effective Date, then the Agreement will continue <strong>for</strong> the benefitof the Existing Controlling Participant until such time as the novation iseffective, and the Existing Controlling Participant will hold the benefit ofthe Agreement on trust <strong>for</strong> the <strong>New</strong> Controlling Participant.7.7 Nothing in this clause 7 will prevent the completion of CHESStransactions by the Existing Controlling Participant where theobligation to complete those transactions arises be<strong>for</strong>e the EffectiveDate and the Agreement will continue to apply to the completion ofthose transactions, notwithstanding the novation of the Agreement tothe <strong>New</strong> Controlling Participant under this clause 7.Page 13


<strong>Shaw</strong> CHESS Sponsorship AgreementContinued8. Claims <strong>for</strong> compensation8.1 The following compensation arrangements apply to theSponsored Holder:(a) should you have a complaint please contact your Advisor anddiscuss your concerns;(b) if your complaint is not satisfactorily resolved within 2 workingdays, please contact our Complaints Officer on (02) 9238 1238 orput your complaint in writing addressed to The Complaints Officer,<strong>Shaw</strong> <strong>Stockbroking</strong> Limited, GPO Box 3604, Sydney NSW 2000or faxed to (02) 9238 1296. <strong>Shaw</strong> <strong>Stockbroking</strong> Ltd will endeavourto have the complaint resolved within 45 days and if in its solediscretion <strong>Shaw</strong> <strong>Stockbroking</strong> Ltd considers it necessary it willcompensate the Sponsored Holder;(c) if however the complaint is not resolved to your satisfaction,you have the right to refer the matter to the Financial ServicesComplaints Resolution Scheme of which <strong>Shaw</strong> <strong>Stockbroking</strong> Ltd isa member. You should write to the Chief Executive Officer, PO Box579, Collins Street West, Victoria 8007 or telephone toll free 1800335 405.8.2 If the Participant breaches a provision of this Agreement and theSponsored Holder makes a claim <strong>for</strong> compensation pursuant to thatbreach, the ability of the Participant to satisfy that claim will depend onthe financial circumstances of the Participant.8.3 If a breach by a Participant of a provision of this Agreement fallswithin the circumstances specified under Part 7.5, Division 4 of theCorporations Regulations, a Sponsored Holder may make a claim onthe National Guarantee Fund <strong>for</strong> compensation.11. Copy of executedSponsorship Agreement11.1 The Sponsored Holder authorises the Participant to insert theirHolder Identification Number (“HIN”) into their executed SponsorshipAgreement, and the Sponsored Holder does not require a copy of theSponsorship Agreement with the HIN inserted.11.2 The Sponsored Holder expressly instructs the Participant notto provide the Sponsored Holder with a copy of the executedSponsorship Agreement.11.3 As a Sponsored Holder you are entitled to receive a copy of yourexecuted Sponsorship Agreement. Should the Sponsored Holderrequest a copy, the Participant will provide a copy of the executedSponsorship Agreement:(a) within 3 Business Days of execution; or(b) at any time thereafter if requested by the Sponsored Holder.9. Termination and reimbursement9.1 Subject to the ASTC Settlement Rules, this Agreement will beterminated upon the occurrence of any of the following events:(a) by notice in writing from either the Sponsored Holder or theParticipant to the other party to the Agreement;(b) upon the Participant becoming insolvent;(c) upon the termination or suspension of the Participant; or(d) upon the giving of written Withdrawal Instructions by a SponsoredHolder to a Controlling Participant in accordance with Rule 7.1.10(c).9.2 Termination under clause 9.1.(a) will be effective upon receipt of writtenNotice by the other party to the Agreement.9.3 In the event of any claim by the Participant against the SponsoredHolder, the Participant may at its sole discretion sell sufficientFinancial Products held in your Sponsored Holding/s to recover andindemnify itself against any alleged loss or damage together with anyadministration fees and costs incurred.10. Variation10.1 Should any of the provisions in this Agreement be inconsistent withthe provisions in the ASTC Settlement Rules, the Participant will, bygiving the Sponsored Holder not less than 7 Business Days writtenNotice, vary the Agreement to the extent to which in the Participant’sreasonable opinion is necessary to remove any inconsistency.Page 14


<strong>Shaw</strong> Online AgreementBetween<strong>Shaw</strong> <strong>Stockbroking</strong> Limited ABN 24 003 221 583 of Level 16,60 Castlereagh Street, Sydney, NSW (“<strong>Shaw</strong>”)andThe party set out in this document as the <strong>Client</strong> (“you”)1. Services by <strong>Shaw</strong>1.1 <strong>Shaw</strong> has created an internet site designed to provide clients withcertain in<strong>for</strong>mation and services relating to their accounts andportfolios conducted with <strong>Shaw</strong>. For the purposes of this Agreement,the internet site is referred to as “<strong>Shaw</strong> Online”.1.2 <strong>Shaw</strong> will allow the <strong>Client</strong> to apply <strong>for</strong> access to <strong>Shaw</strong> Online toaccess in<strong>for</strong>mation regarding the <strong>Client</strong>’s own account and portfolio asknown to <strong>Shaw</strong>.1.3 Upon acceptance of the <strong>Client</strong>’s application <strong>for</strong> access to <strong>Shaw</strong>Online, <strong>Shaw</strong> will issue a client logon to the <strong>Client</strong> that can be usedby the <strong>Client</strong> to sign-on to the internet site and gain access to thein<strong>for</strong>mation and services. The client logon details will be sent to the<strong>Client</strong>’s current email or mailing address known by <strong>Shaw</strong>. There will beone client logon per account.1.4 Not all <strong>Client</strong> accounts can be accessed via <strong>Shaw</strong> Online, nor will allin<strong>for</strong>mation on a particular account be accessible on the site, andwhere this is the case, this will be notified to the <strong>Client</strong>.1.5 <strong>Shaw</strong> will use all reasonable endeavours to ensure the accuracy ofin<strong>for</strong>mation displayed on the site, but cannot guarantee its accuracy inall respects.1.6 <strong>Shaw</strong> will update <strong>Client</strong> in<strong>for</strong>mation on the site at regular intervals,usually at least once each business day, but will not be responsible ifthis does not occur.1.7 <strong>Shaw</strong> is relying on the <strong>Client</strong> having access to the internet through aseparate agreement with a suitable internet service provider, and withsuitable computer equipment, and will not be responsible <strong>for</strong> nonper<strong>for</strong>manceof these components, or if those components preventthe <strong>Client</strong> accessing the site.1.8 In providing in<strong>for</strong>mation concerning the <strong>Client</strong>’s accounts and portfolios,<strong>Shaw</strong> does not undertake to ascertain or determine market valuesor price estimates in respect of those investments. Details of someinvestments may be dependent on values as provided by the <strong>Client</strong>. Novaluation will be given by <strong>Shaw</strong> in relation to the <strong>Client</strong>’s investments.1.9 Nothing in the site can be construed as advice or recommendation totrade in any securities, or that realised or unrealised profits or losses maybe incurred by a <strong>Client</strong> as portrayed. The <strong>Client</strong> should discuss suchmatters with the <strong>Client</strong>’s <strong>Shaw</strong> Advisor or other professional advisor.1.10 <strong>Shaw</strong> will take all reasonable steps to protect <strong>Client</strong> in<strong>for</strong>mation on thesite from unauthorised parties.1.11 <strong>Shaw</strong> will take all reasonable steps to ensure that <strong>Shaw</strong> Online isavailable <strong>for</strong> access every day between the hours of 6am and 12am(AEST). The service is provided without warranty that it will be availablecontinuously, or be fault-free.1.12 <strong>Shaw</strong> will make updates to the design of the site from time to time.2. <strong>Client</strong> obligations2.1 The <strong>Client</strong> will keep the logon details confidential and adoptreasonable measures to protect the logon from unauthorised personsand loss.2.2 The <strong>Client</strong> will notify <strong>Shaw</strong> in a timely manner if the <strong>Client</strong>’s logonis lost or stolen, or if you suspect the logon is being used by anunauthorised person. The <strong>Client</strong> understands that access to the<strong>Client</strong>’s account through <strong>Shaw</strong> Online may be suspended until a newlogon is issued by <strong>Shaw</strong>.2.3 The <strong>Client</strong> may change the password component of the logon bycontacting the <strong>Client</strong>’s <strong>Shaw</strong> Advisor or other <strong>Shaw</strong> personnel. Thenew password may not be available <strong>for</strong> use until the next business day.2.4 The <strong>Client</strong> agrees to access details <strong>for</strong> the nominated account only,and to not attempt to access accounts of other clients without theexpress authorisation of those <strong>Shaw</strong> clients.2.5 The <strong>Client</strong> will access and use <strong>Shaw</strong> Online in a bona fide mannerand will not attempt to per<strong>for</strong>m any unauthorised or unlawful actionsthat could disrupt <strong>Shaw</strong> Online and prevent its use by other clients of<strong>Shaw</strong>. If your use is found to be unacceptable, <strong>Shaw</strong> may immediatelyterminate your access to <strong>Shaw</strong> Online.2.6 Other than permitted under the Copyright Act, the <strong>Client</strong> agrees not tocopy, alter or modify in any way all or part of the software running on<strong>Shaw</strong> Online.2.7 If a third party is authorised with <strong>Shaw</strong> to operate on the nominatedaccount, the <strong>Client</strong> may disclose the <strong>Client</strong>’s logon details to that thirdparty, and that person may access <strong>Shaw</strong> Online <strong>for</strong> that account, and isbound by the terms of this Agreement when accessing <strong>Shaw</strong> Online.2.8 The <strong>Client</strong> agrees that <strong>Shaw</strong> may disclose the <strong>Client</strong>’s logon to allmembers of a joint account and to any third parties authorised tooperate on the nominated account.2.9 If the <strong>Client</strong> experiences a problem with accessing or using <strong>Shaw</strong>Online, you will report it promptly to your <strong>Shaw</strong> Advisor or other <strong>Shaw</strong>personnel.3. Fees and payment3.1 There are currently no fees applicable to <strong>Shaw</strong> Online services.However, <strong>Shaw</strong> reserves the right to introduce fees or charges inthe future, and should it decide to do so, <strong>Shaw</strong> clients will be given30 days’ notice in terms of clause 8. <strong>Shaw</strong> clients will have the choice tocease using the service or to continue using the service on these termsand conditions and pay the notified fee from the notified date.3.2 Where fees are applied, the <strong>Client</strong> must also pay to <strong>Shaw</strong> the amountof any Good and Services Tax (“GST”) or other similar tax or chargerelating to the supply of the services to the <strong>Client</strong>.3.3 The fees and GST will be charged to the <strong>Client</strong>’s share trading accountconducted with <strong>Shaw</strong>, and be payable within 7 days. An invoice willbe issued to the <strong>Client</strong>, and payment may be made according to thecurrent payment arrangements you have with <strong>Shaw</strong>.3.4 If there are insufficient funds in the <strong>Client</strong>’s share trading account, thefees and GST must be paid by the <strong>Client</strong> within 7 days of the date ofthe invoice issued by <strong>Shaw</strong>.3.5 Failure by the <strong>Client</strong> to pay the fees and GST as specified above willentitle <strong>Shaw</strong> to immediately terminate this Agreement and the <strong>Client</strong>’saccess to the site.Page 15

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!