(d) This statement relates to the period from ..... / .... /19.....
to ......... / ..... / 19 ..... (both dates inclusive).
Schedule ANNUAL STATEMENT BY A LICENSEE (INCLUDIN - Futures Industry Regulations - ANNUAL STATEMENT BY A LICENSEE (INCLUDING A FORMER LICENSEE) OTHER THAN A BODY CORPORATE | Zoe
The following changes in the nature of the activity for which the licence is or was held took place during the period to which this statement relates:
(b) The licensee’s interest in the partnership (expressed as a percentage of total capital in the partnership) is —
.................................................
(c) Particulars of each person who, directly or indirectly, exercises, or has or will have power to exercise, a controlling influence over the management and policies of the business (other than the persons referred to in paragraph (a)) are as follows:
Full name ........................................
Address (including State or Territory and postcode)
(d) Particulars of the persons who directly or indirectly have any share in profits of the business, other than the persons referred to in paragraph (a), are —
Full name ........................................
Address (including State or Territory and postcode)
During the period to which this statement relates, has the licensee —
(a) been appointed a director of any body corporate (wherever incorporated)?
................................Answer *Yes *No
If the answer is “Yes”, specify the following particulars of the directorship(s) held:
Full name of body corporate
Place of incorporation of body corporate
Date of appointment as a director of body corporate
(b) ceased to be a director of any body corporate (wherever incorporated)?
................................Answer *Yes *No
If the answer is “Yes”, specify the following particulars of the directorship(s) which the licensee has ceased to hold:
Full name of body corporate
Place of incorporation of body corporate
Date on which licensee ceased to be director of body corporate
Answer the questions “Yes” or “No” in the space provided. If an answer is “Yes”, attach annexures giving all relevant particulars.
During the period to which this statement relates, has the licensee, or any person referred to in Item 4 (a) or (c) whether in Australia or elsewhere —
ANSWER
(a) held a licence or been registered in any place other than in the Territory under any law which requires licensing or registration in relation to dealing in futures contracts or acting as a futures adviser?
.........
(b) held a licence or been otherwise authorised by law to carry on any trade, business or profession?
.........
(c) been affected in the right to carry on any trade, business or profession for which a specific licence, registration or other authority is required by law?
.........
(d) been a member, or partner in a member firm, of any futures exchange or futures association or of any stock, securities or other trading exchange?
.........
(e) dealt in futures contracts on the licensee’s own account?
.........
(f) been an agent, employee or officer of, a representative of, or a partner, or other participant, in a business that dealt in futures contracts on its own account?
.........
(g) been affected by disciplinary measures (including suspension or removal from membership) imposed by any futures exchange, futures association, stock, securities or other trading exchange or professional body?
.........
(h) been refused membership of any futures exchange or futures association or of any stock, securities or other trading exchange or professional body?
.........
(i) carried on business under any name other than the name or names shown in this statement?
.........
(j) been known by any name other than the name or names shown in this statement?
.........
(k) had judgment (including findings in relation to fraud, misrepresentation or dishonesty) given against him or her in any civil proceedings? (If the answer is “Yes”, using an annexure, give full details, including whether or not the judgment is unsatisfied)
.........
(l)(1) been an insolvent under administration?
.........
(m) been convicted of any offence, other than a traffic offence?
.........
(n) been the subject of proceedings which are pending and which may lead to a conviction for an offence, other than a traffic offence?
.........
(o) been engaged in the management of any bodies corporate other than those referred to in Item 5?
.........
(p) been refused a fidelity or surety bond or professional indemnity insurance?
.........
Is the licensee a member of a futures exchange or futures association?
Answer *Yes/*No
If the answer is “Yes” —
(a) specify the name of the futures exchange or futures association:
(b) specify the class or classes of that membership:
(c) specify the licensee’s membership number or numbers:
(d) state whether the licensee is permitted to deal in all kinds of futures contracts:
(e) if the licensee is permitted to deal only in certain kinds of futures contracts, specify those kinds:
8(2). The licensee consents to any police force providing information concerning any offences, other than traffic offences, of which the licensee has been convicted in Australia or elsewhere during the period to which this statement relates.
8A. The names of the persons:
(a) who, when this statement is lodged, hold; or
(b) who, when the person lodging this statement last ceased to be a licensee, held;
as the case may be, proper authorities from the licensee are (state names in full), and the total number of those persons is (state number).
Dated 19 .
Signature of the licensee....................................
Note: * Strike out whichever is inapplicable.
NOTES
(1) Where the licensee has or had under the law of a country other than Australia or of an external Territory a status equivalent to that of an insolvent under administration, annex particulars of that status.
If the licensee is, or has been, an insolvent under administration, include in an annexure —
(a) the date on which the licensee was declared bankrupt, the district in which the licensee was declared bankrupt and the licensee’s bankruptcy number: or
(b) where the licensee has entered into a deed of arrangement or assignment or where the licensee’s creditors have accepted a composition under Part X of the Bankruptcy Act 1966 —
(i) the district in which the deed of arrangement or assignment was entered into or the composition accepted;
(ii) the date of the deed of arrangement or assignment or the special resolution accepting the composition;
(iii) the full name and the address of the trustee of the deed of arrangement or assignment or of the composition; and
(iv) the identifying number used in relation to the deed of arrangement or assignment or the composition in the office of the Registrar in Bankruptcy.
(2) A conviction for an offence is not necessarily an impediment to the holding of a licence.
DIRECTIONS
Where there is insufficient space on this form to provide the required information, give the information in a separate annexure. The requirements relating to annexures are set out in regulation 5 of the Futures Industry Regulations.
In the case of a licensee who is a futures broker, annex a profit and loss account and balance sheet in Form 14 in respect of the financial year ending on 30 June in the year to which this statement relates or lodge that account and balance sheet before the expiration of the immediately succeeding 31 August as required by section 95 of the Futures Industry Act 1986.
Annex a statement —
(a) where the licence is a futures broker’s licence, made up as at 30 June each year; or
(b) where the licence is a futures adviser’s licence, made up as at a date not earlier than 14 days before the date of this annual statement,
signed by the licensee, disclosing the licensee’s total liabilities together with details of the licensee’s assets in accordance with the provisions of Directions 4 to 10 (inclusive).
Where the licensee’s total tangible assets (excluding the value of any membership of a futures exchange or a futures association or of any stock, securities or other trading exchange) —
(a) exceed the licensee’s total liabilities (including liabilities of a contingent nature) by $50,000 or more, give in the statement full particulars (including the basis of valuation) of those assets up to an amount which exceeds those liabilities by not less than $50,000; or
(b) do not exceed the licensee’s total liabilities (including liabilities of a contingent nature) by $50,000 or more, give in the statement full particulars (including the basis of valuation) of all the licensee’s assets.
Where any of the disclosed assets are vested in the licensee and any other person, or are encumbered in any manner, give in the statement full particulars of the vesting or encumbrance.
Give in the statement full particulars of the licensee’s liabilities —
(a) in the case of liabilities (excluding liabilities of a contingent nature) expressed in terms of the time when they will fall due, as follows:
(i) due not later than in one year’s time;
(ii) due later than in one year’s time but not later than in 3 years’ time; or
(iii) due later than in 3 years’ time; and
(b) in the case of liabilities of a contingent nature expressed separately in terms of the time when they would be most likely to fall due, as follows:
(i) due not later than in one year’s time;
(ii) due later than in one year’s time but not later than in 3 years’ time; or
(iii) due later than in 3 years’ time.
Where the licensee is a partner in a firm, a reference in these directions to the licensee’s assets and liabilities includes a reference to such part of the assets and liabilities of the firm as does not exceed the licensee’s proportional interest in the firm’s business under the partnership agreement. Give in the statement the precise extent of the licensee’s interest, under the partnership agreement, in the assets and liabilities of the firm.
In the case of a licensee who is a futures adviser, give in the statement —
(a) information as to the assets and liabilities of the licensee’s business which must take the form of the last audited profit and loss account and balance sheet (including every document required by law to be attached to that account and balance sheet); or
(b) in the case of a licensee who is unable to comply with paragraph (a), a profit and loss account and balance sheet —
(i) prepared in accordance with the approved accounting standards, within the meaning of subsection 266 (1) of the Companies Act 1981, with which the applicant would be required to comply if the applicant were a body corporate;
(ii) prepared in accordance with the Australian Accounting Standards published by the Institute of Chartered Accountants in Australia or the Australian Society of Accountants except to the extent (if any) to which those Standards are inconsistent with the standards referred to in subparagraph (i); and
(iii) signed by the applicant or, where the applicant is a partner in a firm, by all the partners of the firm.
In the case of a licensee who is a futures adviser, if the profit and loss account and balance sheet of the licensee’s business are made up as at a date earlier than 14 days before the date of this statement, annex a report signed by the licensee or, where the licensee is a partner in a firm, by all the partners of the business to which the accounts relate, stating, in respect of the interval between the date as at which the balance sheet has been made up and a date not earlier than 14 days before the date of this statement, that due inquiry has been made by the person or persons signing the report and setting out whether or not, in the opinion of the licensee or those partners —
(a) there have arisen in relation to the business any circumstances adversely affecting trading or the value of the assets or the ability of the business to meet liabilities as they fall due and providing full details of any such circumstances;
(b) the current assets appear in the balance sheet of the business at valuations which are believed to be realisable in the ordinary course of business and providing full details of any such assets that are not so realisable; or
(c) there have arisen any liabilities of a contingent nature including those arising under any guarantee given by the licensee or any of his or her partners and providing full details of any such liabilities.
In the case of a licensee who is a futures broker, annex a statement signed by the licensee stating whether, after due inquiry by the licensee in respect of the interval between 30 June and a date not earlier than 14 days before the lodgment of this statement, there have arisen any circumstances that may adversely affect the financial position of the licensee and, if so, giving full particulars of those circumstances.
NOTICE OF RELEVANT STATUTORY PROVISIONS
Section 75 of the Futures Industry Act 1986 provides in relation to futures brokers’ licences and futures advisers’ licences —
“75. A person required by section 74 to lodge a statement shall lodge the statement —
(a) if the licence is a futures broker’s licence — during the period within which a profit and loss account and balance sheet referred to in section 95 are required to be lodged with the Commission by the person;
(b) if the licence is a futures adviser’s licence — within the period of one month immediately before the anniversary of the date on which the licence was granted; . . .”.
Subsection 142 (2) of the Futures Industry Act 1986 provides:
“(2) A person shall not, for the purposes of this Act, lodge with the Commission, a futures exchange, a clearing house for a futures exchange, or a futures association, a document that contains a statement that to the person’s knowledge is false or misleading.
Penalty: $2,500 or imprisonment for 6 months, or both.”.