Schedule APPLICATION BY A BODY CORPORATE FOR A FU - Futures Industry Regulations - APPLICATION BY A BODY CORPORATE FOR A FUTURES BROKER’S LICENCE OR A FUTURES ADVISER’S LICENCE | Zoe
APPLICATION BY A BODY CORPORATE FOR A FUTURES BROKER’S LICENCE OR A FUTURES ADVISER’S LICENCE
Application is made for a *futures brokers’s licence/*futures adviser’s licence and the following statements are made in respect of the application:
(a) The name of the applicant is — ..................................................
Company Registration No. ............................
(b) The *name/*names under which the applicant proposes to carry on business (if different from the above name) *is/*are — .....................................................................................................
(c) The registered office of the applicant is situated at —
.................................................
State or Territory ...................Postcode........
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 of the applicant (other than those persons shown as directors) are as follows:
Full name ..............................................
Address (including State or Territory and postcode)
Is any person who is a director or secretary, or the principal executive officer, of the applicant a director of any other body corporate or bodies corporate, whether incorporated in the Territory or elsewhere?
......... Answer *Yes *No
If the answer is “Yes”, specify the following particulars in respect of each such person who holds such a directorship:
Full name of person
Full name of other body corporate
Place of incorporation of other body corporate
Date of appointment of person as director of other body corporate
Answer the questions “Yes” or “No” in the space provided. If an answer is “Yes”, attach annexures giving all relevant particulars.
Within the past 10 years has the applicant, any person referred to in Item 5 or any director, secretary or principal executive officer of the applicant, 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 its, his or her 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 application?
.........
(j) been known by any name other than the name or names shown in this application?
.........
(k) had judgment (including findings in relation to fraud, misrepresentation or dishonesty) given against it, 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 any proceedings which are pending and which may lead to a conviction for an offence, other than a traffic offence?
.........
(o) been wound up, had a receiver or a receiver and manager appointed, been under official management or entered into a compromise or scheme of arrangement?
.........
(p) been engaged in the management of any bodies corporate other than those referred to in Item 6?
.........
(q) been refused a fidelity or surety bond or professional indemnity insurance?
.........
*Each of the following persons, being a director or secretary, or the principal executive officer (if any), of the applicant, has had experience in performing the functions of a futures broker, a futures adviser, a futures broker’s representative or a futures adviser’s representative:
In relation to each of those persons, attach an annexure giving full particulars of the relevant experience.
*None of the persons who are directors or secretaries, or the principal executive officer, of the applicant has had experience in performing those functions.
Is the applicant 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 applicant’s membership number or numbers:
(d) state whether the applicant is permitted to deal in all kinds of futures contracts:
(e) if the applicant is permitted to deal only in certain kinds of futures contracts, specify those kinds:
Particulars of the employment and business activities, during the past 5 years, of the directors and secretaries, and the principal executive officer (if any), of the applicant are as follows:
If self-employed, so state.
Full Name of person
Full name of employer
Address of employer (including State or Territory and postcode)
Nature of business of employer
Nature of employment or activity
Dates of commencement and conclusion of each employment or activity
11(2). Additional information that is relevant to this application is as follows:
12(3). The applicant consents to any police force providing information concerning any offences, other than traffic offences, of which the applicant has been convicted in Australia or elsewhere within the past 10 years.
Annex a statement in the following terms signed by each person who is a director or secretary or the principal executive officer (if any) of the applicant:
“I, [insert the person’s full name], *a director/*a secretary/*the principal executive officer of the applicant, consent to any police force providing information concerning any offences, other than traffic offences, of which I have been convicted in Australia or elsewhere within the past 10 years.
Dated 19 .
Signature of the *director/*secretary/*principal executive officer: ...”.
Dated 19 .
Signature of the *director/*secretary/*principal executive officer: ........
Note: *Strike out whichever is inapplicable.
NOTES
(1) Where the person concerned 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 person concerned is, or has been, an insolvent under administration, include in an annexure —
(a) the date on which the person was declared bankrupt, the district in which the person was declared bankrupt and the person’s bankruptcy number; or
(b) where the person has entered into a deed of arrangement or assignment or where the person’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) Include any formal qualification obtained, or course of training undertaken, by any person who is a director or secretary, or the principal executive officer (if any), of the applicant and the name of the institution that granted the qualification or conducted the course.
Annex copies of supporting documentation.
(3) A conviction for an offence is not necessarily an impediment to the granting of a licence.
DIRECTIONS
Where there is insufficient space on this form to provide the required information, show the information in a separate annexure. The requirements relating to annexures are set out in regulation 5 of the Futures Industry Regulations.
Annex —
(a) the last audited profit and loss account and balance sheet of the applicant (including every document required by law to be annexed or attached to that account and balance sheet and, in the case of a body corporate not incorporated under the Companies Act 1981, including every document which would be required to be annexed to that account and balance sheet if it were a public company within the meaning of the Companies Act 1981); or
(b) in the case of an applicant who is unable to comply with paragraph (a), a profit and loss account and balance sheet drawn up in a accordance with the provisions of the Companies Act 1981 (insofar as those provisions are applicable in the circumstances) and signed by not less than 2 directors of the applicant.
If the profit and loss account and balance sheet of the applicant are made up as at a date earlier than 14 days before the date of this application, annex a report signed by not less than 2 directors of the applicant stating whether, after due inquiry by them in relation to 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 application —
(a) there have, in the opinion of those directors, 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 applicant and providing full details of any such liabilities.
NOTICE OF RELEVANT STATUTORY PROVISION
Subsection 142 (1) of the Futures Industry Act 1986 provides —
“(1) A person shall not, in, or in connection with, an application for a licence —
(a) make a statement that is false or misleading in a material particular knowing it to be false or misleading; or
(b) omit to state any matter or thing knowing that by reason of that omission the application is misleading in a material respect.
Penalty: $2,500 or imprisonment for 6 months, or both.”.
Form 7 Futures industry
(section 73)
(regulation 20)
NOTICE OF CHANGE IN PARTICULARS OF LICENSEE
(a) The licensee’s surname or the full name in which the licence is held is —
On the ......................... day of ....................... 19 ....... the licensee ceased:
*(a) as the holder of a futures broker’s licence, to carry on the business to which that licence relates;
*(b) as the holder of a futures adviser’s licence, to act as, or hold himself, herself or itself out to be, a futures adviser;
* and requests the Commission under paragraph 77 (1) (d) of the Futures Industry Act 1986 to revoke the licence.
*3. CHANGE OF NAME OF LICENSEE
On the .............. day of ..................... 19 ....... the name of the holder of the licence was changed from .............................. to .............................
*4. CHANGES IN PARTICULARS RELATING TO DIRECTORS, SECRETARIES AND THE PRINCIPAL EXECUTIVE OFFICER (IF ANY) OF LICENSEE
Full name
Usual residential address (including State or Territory and the postcode)
Date and place of birth (Specify the State or Territory or, if born outside Australia, the country)
Particulars and nature of appointment or change, and relevant date (1) (2)
Particulars of each person (other than a director or secretary or the principal executive officer of the licensee) who, directly or indirectly, exercises, or has or will have power to exercise, a controlling influence over the management and policies of the licensee are as follows:
Full name ..............................................
Address (including State or Territory and postcode)
Is any person who is a director or secretary, or the principal executive officer, of the licensee a director of any other body corporate, whether incorporated in the Territory or elsewhere? ................Answer *Yes *No
If the answer is “Yes”, specify the following particulars in respect of each such person who holds such a directorship:
Full name of person
Full name of body corporate
Place of incorporation of body corporate
Date of appointment of person as 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.
Within the past 10 years has any director, secretary or principal executive officer notice of whose appointment is given in Item 4, or any person referred to in Item 5, 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 his or her 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 application?
.........
(j) been known by any name other than the name or names shown in this application?
.........
(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)(3) been an insolvent under administration?
.........
(m) been convicted of any offence, other than a traffic offence?
.........
(n) been the subject of any 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 the application for the grant of the licence to which this notice refers?
.........
(p) been refused a fidelity or surety bond or professional indemnity insurance?
.........
*8. CHANGE OF ADDRESS OF PRINCIPAL PLACE OF BUSINESS
(a) On the .............. day of...................19
the address of the principal place of business at which the licensee carries on the business to which the licence relates was changed from —
*(b) On the .............. day of...................19 .....
the address(es) of the place(s) (other than the principal place of business) at which the business to which the licence relates is carried on *was/*were changed from —
Annex a statement in the following terms signed by each person referred to in Item 4:
“I, [insert the officer’s full name], *a director/*a secretary /*the principal executive officer of the licensee, consent to any police force providing information concerning any offences, other than traffic offences, of which I have been convicted in Australia or elsewhere within the past 10 years.
Dated 19 .
Signature of the new *director/*secretary/*the principal executive officer.
.......................”.
Dated 19 .
(5) Signature of the licensee ........................
*Strike out whichever is inapplicable.
NOTES
(1) Where a director is also a secretary or the principal executive officer, give particulars.
(2) Insert in relation to a new officer “Appointed” or “In place of (former officer’s name)”. Where there is no change, insert “Continuing”.
(3) Where the person concerned 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 person concerned is, or has been, an insolvent under administration, include in an annexure —
(a) the date on which the person was declared bankrupt, the district in which the person was declared bankrupt and the person’s bankruptcy number; or
(b) where the person has entered into a deed of arrangement or assignment or where the person’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.
(4) To be used where the business of any futures broker or futures adviser named in the licence as a person on whose behalf the licensee may act is carried on under a name other than the name of that futures broker or futures adviser.
(5) Where the licensee is a body corporate, a person who is a director or secretary, or the principal executive officer, of the body corporate shall sign on behalf of the licensee and set out the person’s full name and the capacity in which the person signs.
DIRECTION
Where there is insufficient space on this form to provide the required information, show the information in a separate annexure. The requirements relating to annexures are set out in regulation 5 of the Futures Industry Regulations.
NOTICE OF RELEVANT STATUTORY PROVISION
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.”.