| ≤ 10 Business Days: Aggregate of Net Client Balances @ 3% | | | | | | |
| > 10 Bus' Days: Transaction @ 3% | | | | | | |
| > 10 Business Days: Excess of market value over contract value in case of a sale / Excess of contract value over market value in case of a purchase | | | | | | |
| 100% of Contract value/100% of Market value | | | | | | |
| Amount Of Collateral Utilised To Reduce The<br>Above Amounts. | | | | | | |
| Option 1: > $10,000 and counterparty exposure ≤ 15% of value received: 8% of counterparty exposure | | | | | | |
| > $10,000 and counterparty exposure ><br>15% of value received : 8% of 15% of value received | | | | | | |
| > $10,000 and counterparty exposure ><br>15% of value received : 100% of counterparty exposure over 15% of value received | | | | | | |
| Option 2: > $10,000 : 100% of counterparty exposure | | | | | | |
| Part 1 - Equity Position Risk | |
| Part 2 - Debt Position Risk | |
| Part 3 - Foreign Exchange Position Risk | |
| Part 4 - VaR | |
| TOTAL POSITION RISK REQUIREMENT | |
Country Long Short Equity NetPositions Equity NetPositions Equity NetPositions Total SpecificRisk Amount Amount Aggregate Of Greatest Losses Total PositionRisk Amount
Similar Indexes Broadly based Index and a matching basket
Mark To Market Value of Futures Position RiskAmount @ 2% No. of Separately Managed Arbitrage Positions Beta Min IndexWeight Mark To Market Value of Futures Position RiskAmount @ 2%
| Security Code (or description if code not applicable) | <br>Country | Equity Net Position<br>(Liquid) | Equity Net Position<br>(Illiquid) | <br>Total Position |
Aggregate Debt Net Positions Absolute Value (input GROSS numbers)
Government Qualifying 0-6Months ResidualMaturity Qualifying 6-24Months ResidualMaturity Qualifying >24Months ResidualMaturity Other Specific Risk Position Risk Amount
Aggregate Delta weighted value of Underlying Instrument (input GROSS numbers)
Government Qualifying 0-6 Residual Maturity Qualifying 6-24 Residual Maturity Qualifying > 24 Residual Maturity Other Specific Risk Position Risk Amount
| Security Code (or description if code not applicable) | Underlying Currency | Debt Net Position<br>(Liquid) | Debt Net Position<br>(Illiquid) | Total Position |
| Transaction Type | Risk Amounts |
| > 10 Business Days : Transactions @ 3% of contract value or excess, whichever is greater | |
| > 10 Business Days : 100% of contract value / 100% of market value | |
| Are there any actual / potential legal proceedings and Insurance Claims? | |
| Is there any charge, pledge, or other encumbrance over any of the assets of the Participant? | |
| Has the Participant granted any Credit Facilities to other persons or entities? | |
| Current Asset Description | Current Asset Amount |
| Current Asset Amount Total | |
| NON Current Asset Description | NON Current Asset Amount |
| NON Current Asset Amount Total | |
| Other Assets Total | |
STANDBY CREDIT facilities granted in favour of the Participant
Type Full Name of Provider Terms And Availability Amount of Limit
TOTAL STANDBY CREDIT FACILITIES
Schedule 1C Form 5: Risk Based Capital Requirements – Auditor’s Report
PRO FORMA AUDITOR’S REPORT ON FINANCIAL INFORMATION
Pro Forma Auditor’s Report on Financial Information
KEY
The following key applies throughout this document.
Where the Participant is a body corporate incorporated or resident outside Australia operating a branch in Australia, the following words may be inserted – “Australian
branch”.
** Delete as applicable.
INDEPENDENT AUDITOR’S REPORT TO THE DIRECTORS/PARTNERS** OF
[PARTICIPANT_NAME]
To: The Directors/Partners**, [Participant_name];
AUDITOR’S REPORT ON THE RETURN
We have audited the financial information set out in the attached.
Annual Audited Return, excluding the Directors’ / Partners’ ** Statement Relating to Accounts of a Participant and “Prior Period” balances as shown in the Audited Return, (the “Return”) of [Participant_name]* (“the Participant”) for the [period] ended [date].
The Responsibility of the Directors/Partners ** for the Return
The directors/partners ** of the Participant are responsible for the preparation and fair presentation of the financial information set out in the Return in accordance with the requirements of the ASIC Market Integrity Rules (APX Market-Capital) 2014. This responsibility includes: establishing and maintaining internal controls relevant to the preparation and fair presentation of the financial information set out in the Return to ensure that the Return is free from material misstatement, whether due to fraud or error; selecting and applying appropriate accounting policies; and making accounting estimates that are reasonable in the circumstances.
Auditor’s Responsibility
Our responsibility is to express an opinion on the financial information set out in the Return based on our audit. We conducted our audit in accordance with Australian Auditing Standards. These Auditing Standards require that we comply with relevant ethical requirements relating to audit engagements and plan and perform the audit to obtain reasonable assurance whether the financial information set out in the attached Return is free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures of the financial information set out in the Return. The procedures selected depend on the auditor’s judgement, including the assessment of the risks of material misstatement of the financial information set out in the Return whether due to fraud or error.
In making those risk assessments, the auditor considers internal controls relevant to the Participant’s preparation and fair presentation of the financial information set out in the Return in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Participant’s internal controls. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by the directors/partners**of the Participant, as well as evaluating the overall presentation of the financial information set out in the Return.
The Return has been prepared in accordance with Rule 9.2.4 of the ASIC Market Integrity Rules (APX Market) 2014 as the Participant is complying with the Risk Based Capital Requirements.
The Return may not be suitable for another purpose. Our report is intended solely for the Participant and ASIC and should not be distributed to or used by parties other than the Participant and ASIC.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.
INDEPENDENCE
In conducting our audit, we have complied with the independence requirements of APES
110: Code of Ethics for Professional Accountants.
[QUALIFIED] AUDITOR’S OPINION
In our opinion, [except for the matters referred to in the qualification below], the Return of [Participant_name] for the [period] ended [date] presents fairly, in all material respects, the financial information of the Participant for the [period] ended [date] as required by ASIC in accordance with the ASIC Market Integrity Rules (APX Market-Capital) 2014 that are relevant to the preparation and presentation of the Return.
QUALIFICATION (IF APPLICABLE)
Dated this .................................................. day of .............................................................
Name of Audit Firm ............................................................................................................. Address of Audit Firm .......................................................................................................... Partner’s Signature ..............................................................................................................
Name of Partner ..................................................................................................................
Year Ended:......................................................................................................................
PARTICIPANTS KEY RISKS AND INTERNAL SYSTEMS STATEMENT
We hereby certify and represent that:
The Participant has developed and implemented adequate systems, procedures and controls reasonably designed to achieve compliance, at all times, with the requirements of the ASIC Market Integrity Rules (APX Market) 2013 and ASIC Market Integrity Rules (APX Market-Capital) 2014, and which are appropriate for the nature and extent of the trading activities being conducted.
This includes review of the obligations under the ASIC Market Integrity Rules (APX Market) 2013 and ASIC Market Integrity Rules (APX Market-Capital) 2014, the identification of the key risks facing the Participant and the establishment of systems, procedures and controls to monitor and manage those risks including the establishment of policies and procedures to ensure the accurate calculation of the capital requirements.
The systems, procedures and controls are operating effectively and are adequate having regard to the nature and extent of the Participant’s trading activities to ensure compliance with the ASIC Market Integrity Rules (APX Market) 2013 and ASIC Market Integrity Rules (APX Market-Capital) 2014.
We have retained copies of the relevant documentation on which this representation is based and this is available for inspection by ASIC.
Name .........................................................Name........................................................... Director / Partner ......................................Director / Partner..........................................
Dated this ......................................................... day of...................................................
Date of Board Resolution (if applicable)........................................................................
Note: If a Participant considers it necessary to qualify this standard statement, the reasons should be explained in full in an accompanying statement
Schedule 1C Form 7: Risk Based Capital Requirements – Partnership Statutory Declaration
In completing this statutory declaration ALL liabilities, actual or contingent must be declared. Sufficient assets should be declared to demonstrate an excess of assets over liabilities of not less than $50,000. If net assets are less than $50,000 then (i) all assets must be declared as well as all liabilities (actual or contingent) and (ii) a statement must be provided explaining the source of funds required to meet liabilities.
The declaration is required to be made in accordance with the law of the place where the declaration is executed. The table below sets out the persons who may witness a declaration.
| State | Persons who may witness declaration |
| Victoria | Among others, any justice of the peace, notary public, barrister or solicitor of the Supreme Court, a member of the police force or Parliament, a legally qualified medical practitioner, a bank manager, a dentist or pharmacist, or a public service officer authorised to do so. |
| New South Wales | Among others, any justice of the peace, notary public, commissioner of the court for taking affidavits, other person authorised by law to administer an oath, or a solicitor holding a current practising certificate. |
| Queensland | Among others, any commissioner for declarations, justice of the peace, notary public or other officer authorised by law to administer an oath, barrister, solicitor or conveyancer. |
| Western Australia | Among others, any justice of the peace or other person authorised by law to administer an oath. |
| South Australia | Among others, any justice, notary public or any officer authorised by law to administer an oath or affirmation. |
| Tasmania | Among others, any justice, person authorised by law to administer an oath or a commissioner for declarations. |
Each page of the notes attached to the statutory declaration must be signed and dated by the partner for identification purposes.
Treatment of property and mortgages
It is intended that the following guidelines be observed in the treatment of property and mortgages:
only the partner's proportion of the property value may be included as an asset in note 5;
the partner's proportion of the mortgage debt to be shown as a liability in note 8;
the proportion of the mortgage debt relating to other owners to be shown as contingent liability in note 9; and
no proportion of the property owned by the other parties may be included as an asset, contingent or otherwise.
Summary (note 1)
As note 1 is a summary of the totals of other notes, this note must be completed in full.
Treatment of assets (notes 2 to 7)
Accounts as at 30 June last should be attached to this Statutory Declaration in respect of any borrower who is not a recognised borrowing institution.
Assets are to be separately listed in these notes. Where such assets are not registered in the sole name of the partner, particulars must be given. Where assets included in these notes have been offered as security, full particulars must be given.
Treatment of assets pledged for liability of a Participant (note 10)
If any personal assets are pledged as security for a liability of a Participant, those assets should be listed in note 10. They must not be listed in any other notes.
Treatment of assets pledged for other debts not included in note 10 (note 11)
If any of the assets listed are pledged as security for any debt of either the person making this declaration, or a third party, details should be listed in note 11.
Statutory Declaration*
I, [insert full name]
of [insert address]
, [insert occupation]
do solemnly and sincerely declare that:
My actual and contingent liabilities of any nature did not exceed the sum of $ and are detailed on notes 8 and 9;
The information stated in notes 1 to 11 inclusive is true and correct;
The realisable value of my assets (excluding my interest in the Participant of ) exceeded the liabilities referred to in clause 1 by at least $ ; and
All insurable assets described in the notes are, at all times, held insured to a value not less than that shown in the attached notes.
Victoria - Declaration complying with the Evidence Act 1958
And I acknowledge that this declaration is true and correct, and I make it in the belief that a person making a false declaration is liable to the penalties for perjury.
)
Each partner is required to execute the statutory declaration in accordance with the law of the jurisdiction where the declaration is made. Accordingly, please select the appropriate format and delete or cross out those formats which are not relevant.
New South Wales* - Declaration under the Oaths Act 1990
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Act 1990.
)
Queensland - Declaration under The Oaths Acts, 1867 to 1988 -
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of The Oaths Act of 1867.
Signed and declared by the above-named declarant
at in the State of )
)
A Justice of the Peace [or as the case may be].
Each partner is required to execute the statutory declaration in accordance with the law of the jurisdiction where the declaration is made. Accordingly, please select the appropriate format and delete or cross out those formats which are not relevant.
| Signed by partner: | |
Western Australia* - Declaration under the Evidence Act 1906
And I make this solemn declaration by virtue of section 106 of the Evidence Act 1906.
)
South Australia - Declaration under the Oaths Act 1936
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Act 1936.
)
Each partner is required to execute the statutory declaration in accordance with the law of the jurisdiction where the declaration is made. Accordingly, please select the appropriate format and delete or cross out those formats which are not relevant.
Tasmania* - Declaration under the Evidence Act 1910
And I make this solemn declaration by virtue of section 132 of the Evidence Act 1910.
)
Each Partner is required to execute the statutory declaration in accordance with the law of the jurisdiction where the declaration is made. Accordingly, please select the appropriate format and delete or cross out those formats which are not relevant.
Note 1 Summary as at //20___
| | Note | Due not later than 1 year | Due later than 1 year but not later than 3 years | Due later than 3 years |
| Assets | | | | |
| Cash in Bank | 2<br> | | | |
| Marketable Securities | 3<br> | | | |
| Other Debtors | 4<br> | | | |
| Property | 5<br> | | | |
| Investments | 6<br> | | | |
| Other Assets | 7<br> | | | |
| Total Assets | | <br> | | |
| Liabilities | | | | |
| Actual Liabilities | 8<br> | | | |
| Contingent Liabilities | 9<br> | | | |
| Total Liabilities | | <br> | | |
| Net Assets (Total Assets less Total Liabilities) | | | | |
Note 2 Cash in bank or on deposit
ASSETS AS AT //20___
Financial institution Nature of account Amount($)
Total cash in bank or on deposit
Note 3 Marketable/liquid securities
Company Number of securities Type of security Market value at___//20 Total Value
Total market value of liquid securities
Note 4 Other debtors
Borrower Interest rate Term of deposit Secured/unsecured (if secured, provide details) Amount($)
Total other debtors
Note 5 Property
Address & description Unimproved capital value as set by valuing authority Method of valuation Estimated realisable value Proportion owned (%) Value
Total property value
Note 6 Investments
Name of business owned Total net assets Proportion owned (%) Value
Total investment value
Note 7 Other assets
Description of Assets Method of valuation Estimated realisable value Proportion owned (%) Value
Total other assets
Note 8 Existing liabilities
| | Due within 1 year | Due between 1 year and 3 years | Due after 3 years | Total |
| Description | | | | |
| Outstanding tax assessments | | | | |
| Excess of estimated tax payable over provisional tax paid* | | | | |
| Estimate of tax applicable to income for financial year to date<br> | | | | |
| Bank Overdrafts | | | | |
| Property Mortgages (show address and partner’s share of mortgage)<br> | | | | |
| Other Loans | | | | |
| *Other Liabilities (details required)<br> | | | | |
| Total existing liabilities | | | | |
* Calculate excess of estimated tax payable over provisional tax paid as per below:
| Estimated tax payable for the year to 30th June | $ x |
| less Provisional tax paid | $ y |
| Amount to be declared | $ |
Note 9 Contingent liabilities*
| | Due within 1 year | Due between 1 year and 3 years | Due after 3 years | Total |
| Description | | | | |
| Debt on residence (show address) | | | | |
| Debt on all jointly owned properties (show address) | | | | |
| Debt on other properties | | | | |
| Other contingent liabilities | | | | |
| Total contingent liabilities | | | | |
* Show that part of contingent liabilities which relates to debt of parties other than the partner.
Note 10 Assets pledged for liability of a Participant
Description of assets Pledged to Maximum liability Value of assets pledged
Total assets pledged $
Note 11 Assets pledged for other debts not included in note 10
Description of assets Pledged to Maximum liability Value of assets pledged