The International Futures Exchange (Bermuda) Ltd. (INTEX)
The International Petroleum Exchange of London Ltd. (IPE)
London Futures and Options Exchange (FOX)
The London International Financial Futures Exchange Ltd. (LIFFE)
Marche a Terme International de France (The French International Futures Market) (MATIF)
The Metal Market and Exchange Company Ltd. (London Metal Exchange) (LME)
Mid America Commodity Exchange (MIDAM)
Minneapolis Grain Exchange
The Montreal Exchange (ME)
New York Cotton Exchange (NCE)
New York Futures Exchange, Inc. (NYFE)
New York Mercantile Exchange (NYMEX)
New Zealand Futures Exchange Ltd. (NZFE)
Osaka Securities Exchange (OSE)
Philadelphia Stock Exchange (PHLX)
Philadelphia Board of Trade
The Singapore International Monetary Exchange Limited (SIMEX)
Swiss Options and Financial Futures Exchange (SOFFEX)
Tokyo Commodity Exchange for Industry (TOCOM)
Tokyo Grain Exchange
Tokyo International Futures Exchange (TIFFE)
Tokyo Stock Exchange (TSE)
The Toronto Futures Exchange (TFE)
The Winnipeg Commodity Exchange (WCE)
Schedule 2 Forms
Form 1 Futures Industry
(subsection 18 (7))
(regulation 13)
NOTICE RELATING TO A REQUIREMENT TO DISCLOSE INFORMATION TO THE COMMISSION
Schedule Futures Industry Act 1986 - Futures Industry Regulations - Futures Industry Act 1986 | Zoe
TAKE NOTICE that, in relation to a requirement made of a person under subsection (4) of section 18 of the Futures Industry Act 1986 to disclose information to the National Companies and Securities Commission, the terms of subsections (5) and (6) of that section are as follows:
“(5) A person is not excused from disclosing information to the Commission pursuant to a requirement made of the person under subsection (4) on the ground that the disclosure of the information might tend to incriminate the person.
“(6) Where a person claims, before making an oral statement disclosing information that the person is required to disclose by a requirement made of the person under subsection (4), that the statement might tend to incriminate the person, evidenced of that statement is not admissible in evidence against the person in criminal proceedings other than proceedings under this section.”.
*Dated 19 . Signature of person giving notice:
*Given under the Seal of the National Companies and Securities Commission at on this day of 19 .
*Strike out whichever is inapplicable.
Form 2 Futures Industry
(subsection 25 (1))
(subregulation 14 (1))
NOTICE OF REQUIREMENT BY AN INSPECTOR INVESTIGATING MATTERS RELATING TO DEALING IN FUTURES CONTRACTS
To: (1)
In relation to an investigation of (2) ................................
for examination on oath or affirmation and to answer questions put to you in relation to the investigation;
(b) to produce to (5) ..................... on (3) ............................. 19 ....., at (4)...............at (6) ................................................the following books : (7) ..........................................and all such other books in your custody or under your control as relate to the investigation; and
(c) to give to (5) ........................................
all reasonable assistance in connection with the investigation.
Dated 19 .
Signature of the person carrying out the investigation:
(1) Insert the full name and address of the person to whom notice is to be given.
(2) State the nature of the matter to which the investigation relates.
(3) Insert the date.
(4) Insert the time.
(5) Insert full name of the person carrying out the investigation.
(6) Insert full particulars of the place at which the requirement is to be satisfied.
(7) Describe books that are to be produced.
NOTICE OF RELEVANT STATUTORY PROVISIONS
In relation to subsections 25 (1) and (2) of the Futures Industry Act 1986, subsections 25 (5), (9) and (10) provide as follows:
“(5) A prescribed person shall not, without reasonable excuse, refuse or fail to comply with a requirement made under subsection (1).
Penalty: $10,000 or imprisonment for 2 years, or both.
“(9) A duly qualified legal practitioner acting for a prescribed person:
(a) may attend an examination of that person; and
(b) may, at such times during the examination as the inspector determines:
(i) address the inspector; and
(ii) examine that person,
in relation to matters in respect of which the inspector has questioned that person.
“(10) A prescribed person is not excused from answering a question put to the person by an inspector on the ground that the answer might tend to incriminate the person but, where the person claims, before answering the question, that the answer might tend to to incriminate the person, the answer is not admissable in evidence against the person in criminal proceedings other than proceedings under this section or other proceedings in respect of the falsity of the answer.”.
Under Division 2 of Part II of the Futures Industry Act 1986 “prescribed person” means a person suspected or believed by an inspector, on reasonable grounds, to be capable of giving information concerning any matter being, or to be, investigated by the inspector pursuant to that Division.
In relation to the reference to “books” in paragraph (b) of this form, subsection 4 (1) of the Futures Industry Act 1986 defines “books” as follows:
books includes any register or other record of information and any accounts or accounting records, however compiled, recorded or stored, and also includes any document.
Form 3 Futures Industry
(subsection 65 (1))
(subregulation 17 (1))
APPLICATION BY A NATURAL PERSON FOR A FUTURES BROKER’S LICENCE OR A FUTURES ADVISER’S LICENCE
Application is made for a *futures broker’s/*futures adviser’s licence and the following statements are made in respect of the application:
(a) The applicant’s surname is — .....................
The applicant’s other names are — .................
(b) The residential address of the applicant is —
.............................................
.............................................
State or Territory ............Postcode...........
The activity for which the applicant requires a licence is — (Specify in detail).........................................................................
(b) the applicant’s interest in 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 persons referred to in paragraph (a)) are as follows:
Full name ..........................................
Address (including State or Territory and postcode)
(d) the particulars of any person who directly or indirectly has or will have any share in profits of the business (other than persons referred to in paragraph (a)) are as follows:
Full name ..........................................
Address (including State or Territory and postcode)
Is the applicant a director of a body corporate or bodies corporate, whether incorporated in the Territory or elsewhere?.........Answer *Yes *No
If the answer is “Yes”, specify the following particulars of the directorship or directorships held:
Full name of body corporate
Place of incorporation of body corporate
Date of applicant’s appointment as a 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 the applicant or any person referred to in Item 5 (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 applicant’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 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 the applicant 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 engaged in the management of any bodies corporate other than those referred to in Item 6?
.........
(p) been refused a fidelity or surety bond or professional indemnity insurance?
.........
In the case of an applicant for a futures broker’s licence who is, or intends to become, a member, or a partner in a member firm, of a futures exchange or a futures association, the applicant *or/*and the member firm *has/*has not been granted any exemption from capital requirements by the committee of the futures exchange or futures association.
If the applicant or the member firm has been granted such an exemption, attach an annexure giving all relevant particulars.
The applicant *has/*has not had experience in performing the functions of a futures broker, or a futures adviser.
If the applicant has had any such experience, attach an annexure giving all particulars of that experience.
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:
The following are details of the applicant’s employment and business activities during the past 5 years:
If self-employed, so state.
Full name of employer
Address of employer (including State or Territory and postcode)
Nature of business of employer
Nature of each employment or activity
Dates of commencement and conclusion of each employment or activity
12(2). Additional information that is relevant to this application is as follows:
13(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.
Dated 19 .
Signature of applicant .......................................
Note: * Strike out whichever is inapplicable.
NOTES
(1) Where the applicant 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 applicant is or has been an insolvent under administration, include in an annexure —
(a) the date on which the applicant was declared bankrupt, the district in which the applicant was declared bankrupt and the applicant’s bankruptcy number; or
(b) where the applicant has entered into a deed of arrangement or assignment or where the applicant’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 qualifications obtained, or course of training undertaken, by 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 detailed statement, made up as at a date not earlier than 14 days before the date of this application, signed by the applicant and disclosing the applicant’s total liabilities together with details of the applicant’s assets in accordance with the following provisions of these directions.
Where the applicant’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 applicant’s total liabilities (including liabilities of a contingent nature) by $50,000 or more, give in that 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 applicant’s total liabilities (including liabilities of a contingent nature) by $50,000 or more, give in that statement full particulars (including the basis of valuation) of all of the applicant’s assets.
Where any of the disclosed assets are vested in the applicant and any other person, or are encumbered in any manner, give in that statement full particulars of the vesting or encumbrance.
Give in that statement full particulars of the applicant’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 years’ time but not later than in 3 years’ time; or
(iii) due later than in 3 year’s time.
Where the applicant is a partner in a firm, a reference in these directions to the applicant’s assets and liabilities includes a reference to such part of the assets and liabilities of the firm as does not exceed the applicant’s proportional interest in the firm’s business under the partnership agreement. Give in the statement the precise extent of the applicant’s interest, under the partnership agreement, in the assets and liabilities of the firm.
Annex particulars of the assets and liabilities of the applicant’s business in the form of —
(a) the last audited profit and loss account and balance sheet (including every document required by law, or by the committee of the futures exchange of which the applicant is a member, to be attached to that account and balance sheet); or
(b) in the case of an applicant 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 sub-section 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 sub-paragraph (i); and
(iii) signed by the applicant or, where the applicant is a partner in a firm, by all the partners of the firm.
If the profit and loss account and balance sheet of the applicant’s business are made up as at a date earlier than 14 days before the date of this application, annex a report signed by the applicant, or where the applicant 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 application, 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 applicant 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 applicant or any of the partners 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 hing 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 4 Futures Industry
(subsection 65 (1))
(subregulation 17 (1))
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.”.
Form 8 Futures Industry
(subsection 74 (1))
(subregulations 21 (1) and (2))
ANNUAL STATEMENT BY A LICENSEE (INCLUDING A FORMER LICENSEE) OTHER THAN A BODY CORPORATE
(a) The licensee’s surname is — .........................
The licensee’s other names are — .....................
(b) The residential address of the licensee is —
.................................................
.................................................
State or Territory .................Postcode..........
(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.”.
Form 9 Futures industry
(subsection 74 (1))
(subregulations 21 (1) and (2))
ANNUAL STATEMENT BY A LICENSEE (INCLUDING A FORMER LICENSEE) THAT IS A BODY CORPORATE
(a) The name of the licensee is — ........................
Company Registration No. ...........................
(b) The registered office of the licensee is situated at —
.................................................
.................................................
State or Territory .................Postcode..........
Particulars of each person who, directly or indirectly, exercises, or has or will have the 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)
During the period to which this statement relates, has any person who is a director or secretary, or the principal executive officer (if any), of 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 in respect of any 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 other 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 or directorships which the person concerned has ceased to hold:
Full name of person ceasing to be a director
Full name of body corporate
Place of incorporation of body corporate
Date on which person ceased to be a 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 director, secretary or principal executive officer of the licensee or any person referred to in Item 4, 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 in any place?
.........
(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 prescribed 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, her or it 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 5?
.........
(q) 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).
Annex a statement in the following terms signed by each person who is a director or secretary or the principal executive officer of the licensee:
“I, [insert the person’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 during the period to which this statement relates.
Dated 19 .
Signature of the person concerned ..........................”.
Dated this 19 .
Signature of *Director/*Secretary/*Principal Executive Officer:
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, show 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 that is a futures broker, annex a profit and loss account and balance sheet in Form 15 in respect of the financial year to which this statement relates or lodge that account and balance sheet before the expiration of 3 months after the end of that financial year as required by section 95 of the Futures Industry Act 1986.
In the case of a licensee that is a futures adviser, annex —
(a) the last audited profit and loss account and balance sheet of the licensee (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) if the licensee is unable to comply with paragraph (a), a profit and loss account and balance sheet drawn up in 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 licensee and by its principal accounting officer.
If the profit and loss account and balance sheet of the licensee are made up as at a date earlier than 14 days before the date of this statement, annex a report signed by not less than 2 directors of the licensee 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 statement —
(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 that 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 and providing full details of any such liabilities.
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.”.
Form 10A Futures Industry
(regulation 4)
(subsections 78F (2) and (3))
(subregulations 22B (1))
Futures Industry Act 1986
NOTICE OF *PLACE/* CHANGE OF PLACE WHERE REGISTER OF HOLDERS OF PROPER AUTHORITIES IS KEPT
Note: Before completing this notice please read carefully the “Directions for
completing Form 10A” at the end of this form
*1. The surname and other names of the person keeping the register are:
and in this notice that person is referred to as “the register keeper” (if the register keeper holds the licence referred to in item 2 under another name, that name should be specified in this item).
*1. The name of the body corporate keeping the register is:
and in this notice is referred to as “the register keeper”.
The licence held by the register keeper is a *futures brokers/*futures advisers licence and its number is:
The full address (including the State or Territory and postcode) of the principal place at which the business of the register keeper is carried on is:
The register has been kept since:
(insert date on which the keeping of the register began).
*5. The register is kept at:
*5. On / /19 the place, at which the register was kept changed
from:
to:
Dated 19 .
(Signature of *the register keeper/*director/*secretary/
*principal executive officer
of the register keeper)
DIRECTIONS FOR COMPLETING FORM 10A
Persons who must lodge notice
The notice must be lodged by licensed futures brokers and futures advisers:
(a) within 14 days after establishing a register under section 78E of the Act; and
(b) as soon as practicable after changing the place at which the register is kept;
in accordance with subsection 78F (2) or (3) of the Act.
Omission of inapplicable matter prefixed by an asterisk
Inapplicable matter in a notice that is prefixed by the symbol “*” is to be omitted.
Separate annexures to be used where insufficient space on notices
If there is insufficient space on a notice in which to give the required information, the information is to be shown in a separate annexure. Requirements relating to annexures are set out in regulation 5.
Form 10B Futures Industry
(subsections 78F (4) and (6))
(subregulations 22 B (2))
Futures Industry Act 1986
NOTICE OF *HOLDING/*CEASING TO HOLD A PROPER AUTHORITY
Note: Before completing this notice please read carefully the “Directions for
completing Form 10B” at the end of this form
*1. The surname and other names of the person keeping the register are:
and in this notice that person is referred to as “the register keeper” (if the register keeper holds the licence referred to in item 3 under another ame, that name should be specified in this item).
*1. The name of the body corporate keeping the register is:
and in this notice is referred to as “the register keeper”.
The full address (including the State or Territory and postcode) of the principal place at which the business of the licensee is carried on is:
The licence held by the register keeper is a *futures brokers/*futures advisers licence and its number is:
The surname and other names of the person *holding/*ceasing to hold a proper authority from the register keeper are:
and in this notice that person is referred to as “the representative”.
On / /19 the representative *commenced to hold a proper authority/*ceased to hold a proper authority.
Dated 19 .
(Signature of *the register keeper/*director/*secretary/*principal executive officer of the register keeper)
DIRECTIONS FOR COMPLETING FORM 10B
Persons who must lodge notice
The notice must be lodged by licensed futures brokers and futures advisers within 2 business days after the day on which a person:
(a) begins to hold a proper authority; or
(b) ceases to hold a proper authority;
in accordance with subsection 78F (4) or (6) of the Act.
Copy of proper authority to be lodged with notice
Paragraph 78F (4) (a) of the Act requires a copy of the proper authority relating to a notice to be lodged with the notice.
Omission of inapplicable matter prefixed by an asterisk
Inapplicable matter in a notice that is prefixed by the symbol “*” is to be omitted.
Separate annexures to be used where insufficient space on notices
If there is insufficient space on a notice in which to give the required information the information is to be shown in a separate annexure. Requirements relating to annexures are set out in regulation 5.
Form 10C Futures Industry
(subsections 78F (5))
(subregulations 22 B (3))
Futures Industry Act 1986
NOTICE OF PARTICULARS OF HOLDERS OF PROPER AUTHORITIES TO BE ENTERED IN REGISTER OF HOLDERS OF PROPER AUTHORITIES
Note: Before completing this notice please read carefully the “Directions for completing Form 10C” at the end of this form
*1. The surname and other names of the person keeping the register are:
and in this notice that person is referred to as “the register keeper” (if the register keeper holds the licence referred to in item 3 under another name, that name should be specified in this item).
*1. The name of the body corporate keeping the register is:
and in this notice is referred to as “the register keeper”.
The full address (including the State or Territory and postcode) of the principal place at which the business of the register keeper is carried on is:
The licence held by the register keeper is a *futures brokers/*futures advisers licence and its number is:
The surname and other names of the person holding a proper authority from the register keeper are:
and in this notice that person is referred to as “the representative”.
On / /19 the representative commenced to hold a proper authority.
The full residential address of the representative (including the State or Territory and postcode) is:
The full address (where this is not the address of the register keeper), including the State or Territory and postcode, at which the representative carries on business is:
The above information has been, or is to be, entered in the register.
Dated 19 .
(Signature of *the register keeper/*director/*secretary/*principal executive officer of the register keeper)
DIRECTIONS FOR COMPLETING FORM 10C
Persons who must lodge notice
The notice must be lodged by futures brokers and futures advisers within 2 business days after:
(a) a person begins to hold a proper authority from the record keeper; or
(b) the record keeper receives the information;
whichever happens last, in accordance with subsection 78F (5) of the Act.
Omission of inapplicable matter prefixed by an asterisk
Inapplicable matter in a notice that is prefixed by the symbol “*” is to be omitted.
Separate annexures to be used where insufficient space on notices
If there is insufficient space on a notice in which to give the required information, the information is to be shown in a separate annexure. Requirements relating to annexures are set out in regulation 5.
Form 11 Futures Industry
(paragraph 83 (2) (b))
(regulation 23)
AGREEMENT TO WAIVE THE OPERATION OF PARAGRAPH 83 (2) (b) OF THE ACT IN RELATION TO THE ISSUE OF CONTRACT NOTES
............................................... , a futures broker licensed under the Futures Industry Act 1986, to operate on *my/*our behalf a discretionary account.
*I/*We agree to waive the operation of paragraph 83 (2) (b) of the Futures Industry Act 1986 and do not require the broker to give *me/*us a contract note in respect of any acquisition or disposal of a futures contract effected by the broker on that discretionary account.
............................
Signature(s) of the client(s)
Note: * Strike out whichever is inapplicable.
NOTES
(1) Insert the full name(s) of the futures broker’s client(s).
(2) Insert the full name of the futures broker.
Form 12 Futures Industry
(subparagraph 87 (a) (iii))
(regulation 24)
RISK DISCLOSURE STATEMENT
To .........................(insert full names of prospective clients), prospective clients —
This statement is given to you as required by section 87 of the Futures Industry Act 1986.
The risk of loss in trading in futures contracts can be substantial. You should therefore carefully consider whether that kind of trading is appropriate for you in the light of your financial circumstances. In deciding whether or not you will become involved in that kind of trading, you should be aware of the following matters:
(a) You could sustain a total loss of the initial margin funds that you deposit with your futures broker to establish or maintain a position in a futures market.
(b) If the futures market moves against your position, you may be required, at short notice, to deposit with your futures broker additional margin funds in order to maintain your position. Those additional funds may be substantial. If you fail to provide those additional funds within the required time, your position may be liquidated at a loss and in that event you will be liable for any shortfall in your account resulting from that failure.
(c) Under certain conditions, it could become difficult or impossible for you to liquidate a position (this can, for example, happen when there is a significant change in prices over a short period).
(d) The placing of contingent orders (such as a “stop-loss” order) may not always limit your losses to the amounts that you may want. Market conditions may make it impossible to execute such orders.
(e) A “spread” position is not necessarily less risky than a simple “long” or “short” position.
(f) The high degree of leverage that is obtainable in futures trading because of small margin requirements can work against you as well as for you. The use of leverage can lead to large losses as well as large gains.
(g) If you propose to trade in futures options, the maximum loss in buying an option is the amount of the premium, but the risks in selling an option are the same as in other futures trading.
This statement does not disclose all of the risks and other significant aspects involved in trading on a futures market. You should therefore study futures trading carefully before becoming involved in it.
Full name(s) of the prospective client(s): ............................
(Please print)
Date on which the statement is signed by the prospective client(s)....19..
State or Territory ............................Postcode ...........
*I/*We confirm that *I/*we have read and understand this risk disclosure statement and that the futures contracts trading terms used in it have been explained to *me/*us by the giver of this statement.
Date on which the statement is signed by the prospective client(s)....19..
The particulars of each of the members of the firm are —
Surname
Other names
Residential address (including State or Territory and postcode)
Registered company auditor registration No.
Dated 19 .
(2) Signature....................
NOTES
(1) Give the address of each place of business of the firm. If there are more than one place of business, give the address of the principal place of business.
(2) To be signed by one of the members of the firm.
DIRECTION
The completion of this form does not relieve the firm of any obligation under the law relating to business names.
Form 14 Futures Industry
(subsection 95 (2))
(subregulation 26 (1))
PROFIT AND LOSS ACCOUNT AND BALANCE SHEET OF A FUTURES BROKER WHO IS NOT A BODY CORPORATE
Where the futures broker is a natural person, give —
(a) full name of the person: .................................
In addition to the information specifically required, include any other information and explanations necessary to present a true and fair view of the financial position of each person concerned or of the partnership concerned.
Full disclosure is required under Notes 1 to 11 (inclusive). Where necessary annex a supporting schedule.
The term “associated person” means a person who is, within the meaning of section 6 of the Futures Industry Act 1986, associated with the futures broker.
The term “immediate family” means the spouse and children of the futures broker.
The term “current asset” means an asset that, in the ordinary course of events, is expected to be realised within 12 months after the end of the financial year to which the accounts relate.
The term “current liability” means a liability that would, in the ordinary course of events, be payable within 12 months after the end of the financial year to which the accounts relate.
The term “secured amounts” includes amounts secured by equitable charges and charges whether registered or unregistered.
The term “independently valued”, in relation to freehold property, means valued by a person who is skilled in the valuation of freehold property, not being a person who is, within the meaning of section 6 of the Futures Industry Act 1986, associated with the futures broker.
Where persons are carrying on the business of futures broker in partnership under one licence, give the particulars required by this form in respect of each of those persons.
Note: † Attach a list detailing gains and losses separately and any income tax obligations.
NOTES
List the name, number and value of all securities held which were acquired during the year as a result of an underwriting or sub-underwriting agreement.
Security
Number
Market value
Balance sheet valuation
Basis of valuation
Bills of Exchange
Last financial year$
This financial year$
(a) Current assets — to mature within:
30 days
90 days
180 days
Current assets — over 180 days
(b) Current liabilities — to mature within:
30 days
90 days
180 days
Current liabilities — over 180 days
Secured assets/liabilities — associated persons
(a) Current assets:
Secured amounts included in the following categories: (State in each case the nature and extent of the security, and show the market value)
Amount
Nature and extent of security
Market value of security
Partner’s immediate
families, family
companies and
trusts
Employees,
employees’
immediate families,
family companies and
trusts
Other associated persons
(b) Non-current assets —
Secured amounts included in the following categories: (State in each case the nature and extent of the security, and show the market value)
Amount
Nature and extent of security
Market value of security
Partner’s immediate
families, family
companies and
trusts
Employees,
employees’
immediate families,
family companies and
trusts
(c) Current liabilities —
Secured amounts included in the following categories: (State in each case the nature and extent of the security, the market value and whether or not the security asset is owned by the broker or, where the broker carries on business in partnership, by the firm)
Amount
Nature and extent of security
Market value of security disclosed in balance sheet
Market value of security not owned by futures broker or firm of futures brokers
Partners’ immediate
families, family
companies and
trusts
Employees,
employees’
immediate families,
family companies
and trusts
Other associated persons
(d) Non-current liabilities
Secured amounts included in the following categories: (State in each case the nature and extent of the security, the market value and whether or not the security asset is owned by the broker or, where the broker carries on business in partnership, by the firm)
Amount
Nature and extent of security
Market value of security disclosed in balance sheet
Market value of security not owned by futures broker or firm of futures brokers
Partners’ immediate
families, family
companies and
trusts
Employees,
employees’
immediate families,
family companies
and trusts
Other associated persons
Loans and deposits (full details to be given relating to whether each loan is secured or unsecured)
Totals are to include accrued interest.
Last financial year$
This financial year$
(a) Current assets —
At call
Other
Provision for doubtful debts
(b) Non-current assets —
Due within 1-2 years
Due after 2 years
Provision for doubtful debts
(c) Current liabilities —
At call
Other
(d) Non-current liabilities
Due within 1-2 years
Due after 2 years
Money held in clients’ segregated accounts is not to be shown in the balance sheet as current assets or current liabilities.
Secured liabilities — general
The balance sheet includes liabilities in the following categories secured by assets: (State in each case the nature and extent of the security, the market value and whether or not the security asset is owned by the broker or, where the broker carries on business in partnership, by the firm)
(a) Current liabilities —
Amount
Nature and extent of security
Market value of security disclosed in balance sheet
Market value of security not owned by futures broker or firm of futures brokers
Bank overdraft
and other bank
facilities
Loans/deposits
Other (specify)
(b) Non-current liabilities —
Bank facilities
(not overdraft)
Loans/deposits
Other (specify)
Sundry provisions
Last financial year$
This financial year$
Holiday pay
Long service leave pay
Other (specify)
Totals to agree with balance sheet totals
Contingent liabilities and capital commitments
Last financial year$
This financial year$
Contingent liabilities —
(a) Underwriting
Sub-underwriting
Less amounts covered by sub-underwriting with other persons
Other contingent liabilities (specify)
(b) Capital commitments (specify) —
(c) Leasing commitments (specify) —
Clients’ segregated accounts
Last financial year$
This financial year$
Cash at bank and in hand
Proprietor’s funds
Equity
Trading accounts
Current accounts
Total
(a) Partners
(i).....
(ii)....
(iii)....
(b) Reconciliation
Opening balance
Funds introduced
Reclassification of
funds
Funds withdrawn
*Profit/*loss
Closing balance
Return of debtors as at.................................19..
ANALYSIS OF AMOUNTS OWED, AGED FROM THE DATE OF CONTRACT
(a) The full name of the futures broker is or the full names of the partners of the futures broker are
................................................
(b) The futures broker’s licence No. is ....................
(c) Accounts have been lodged for year ending .........../......./.......
(d) Extension for lodging accounts has been granted
to....../....../......
Forms lodged — Checked
(a) Annual statement (Form 8) *Yes *No
(b) Annual accounts (Form 14) *Yes *No
(c) Auditor’s report (Form 16) *Yes *No
If required form not checked and in order, give particulars.
(1) Current assets (as in balance sheet) $
(2) Current liabilities $
(3) Working capital $
(4) Non-current liabilities $ Total
liabilities
$.......
(5) Deduct any assets not allowed in
liquid funds calculation $
(6) Add any additional assets in
liquid funds calculation $ Percentage
to total
liabilities
........%
(7) Liquid funds $
Non-liquid assets excluding
amounts under (6) above $
Amounts deducted under (5) above $
Net tangible assets $
Intangible assets $ Percentage
to total
liabilities
........%
Proprietors’ funds $
Comments:
Auditor’s report: (Form 16):
(Details of any qualifications, etc)
Remarks by examining officer:
..................
Examining officer
..................
Date
* Strike out whichever is inapplicable.
STATEMENT BY FUTURES BROKER(S)
1.(1) The transactions conducted by *me/*us during the financial year —
*were without exception on *my/*our own account.
*included transactions on account of persons other than *me/*us.
2.(1) The assets and liabilities of each company controlled by *me/*us or *my/*our immediate family or any one or more of us or any other venture in which *I/*we have a financial interest *are/*are not in *my/*our opinion such as to affect adversely *my/*our financial position.
3.(1) *I/*We certify that the above profit and loss account and balance sheet have, to the best of *my/*our knowledge and belief, been drawn up to comply with the requirements of subsection 95 (2) of the Futures Industry Act 1986.
*Licensee/*Partners in the firm of...............................
futures broker(s).
Dated 19 .
AUDITOR’S REPORT(3)
In *my/*our opinion, the futures broker’s accounts referred to above *show /*do not show a true and fair view of the broker’s position at......
and of the profit or loss of the broker for the year in accordance with —
(a) the approved accounting standards within the meaning of subsection 266 (1) of the Companies Act 1981; and
(b) 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 (a).
Dated 19 .
.......................
Signature(s) of the auditor(s)
* Strike out whichever is inapplicable.
NOTES
(1) Strike out all the alternatives in paragraphs 1, 2 and 3 which are inapplicable.
(2) All partners to sign.
(3) If an auditor is not satisfied about any matter, state the auditor’s reasons for not being so satisfied.
Form 15 Futures Industry
(subsection 95 (2))
(subregulation 26 (1))
PROFIT AND LOSS ACCOUNT AND BALANCE SHEET OF A FUTURES BROKER THAT IS A BODY CORPORATE
The full name of the futures broker is — ............................
The number of the futures broker’s licence held by the futures broker
is — .................
The annexed balance sheet, profit and loss account and notes are a true copy of the audited accounts of ................for the financial year ended ................. and the attached auditor’s report is a true copy of the auditor’s report on those accounts.
The annexed accounts referred to above have been drawn up in accordance with —
(a) the approved accounting standards within the meaning of subsection 266 (1) of the Companies Act 1981; and
(b) 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 (a).
The following supplementary information is submitted in support of the annexed balance sheet and profit and loss account.
Last financial year$
This financial year$
Balance sheet —
Assets —
(a) Bills of exchange: show separately
bills to mature within —
30 days
90 days
180 days
Bills of exchange to mature over
180 days
(b) Debtors —
Amounts owed by —
Futures brokers (less provision for
doubtful debts this financial year
$ ...........last financial year $ ............)
Clients (less provision for doubtful
debts this financial year
$ ........last financial year $ ..........)
Other debtors (less provision for
doubtful debts this financial yea
$............. last financial year
$ ............)
(c) Loans and deposits —
At call
Other (show current and non-current separately)
(d) Cash at bank —
General accounts
Clients’ segregated accounts
Liabilities —
(a) Bills of exchange — show
separately bills to mature within —
30 days
90 days
180 days
Bills of exchange to mature over 180 days
(b) Creditors —
Amounts owed to —
Futures brokers
Clients
Other creditors
(c) Loans and deposits —
At call
Other (show current and non-current separately)
Profit and loss account —
(a) Revenue —
Profit (losses) from dealing in futures contracts
Commission from dealing in futures contracts and brokerage (if any) from other trading activities
Underwriting commission
Profit (losses) from trading other than by dealing in futures contracts
Dividends
Interest
Other
Total revenue —
(b) Less expenses —
Bad debts written off
Amount provided for doubtful debts
Interest
Other expenses
Total expenses
(c) Operating profit before income tax —
Less income tax *expense/*provision applicable to that profit
Operating profit
Extraordinary items (net of income tax where applicable)(1)
Operating profit and extraordinary items for the financial year
Contingent liabilities and capital commitments —
(a) Contingent liabilities —
Underwriting
Sub-underwriting
Less amounts covered by sub-underwriting with other persons
Other (specify)
(b) Capital commitments (specify)
Standby credit facilities — show for each facility —
(i) amount
(ii) type
(iii) source
(iv) terms and availability
Subordinated loans — show for each loan —
(i) amount
(ii) source
(iii) duration
Foreign exchange exposure — to the extent not disclosed in the attached accounts show the gain or loss that would be realised at prevailing rates of exchange.
The transactions conducted by the futures broker during the financial year —
(a) were without exception on the broker’s own account; or
(b) included transactions on account of persons other than the broker.
The assets and liabilities of each company controlled by the futures broker or any other venture in which the broker has a financial interest *are/*are not in our opinion such as to affect adversely to a material extent the broker’s financial position.
Liquid capital —
Securities listed on a stock exchange (at market value this financial year $ last financial year $ )
Amounts owed by —
Futures brokers
Clients
Others
Sundry debtors (after providing for doubtful debts)
Prepayments
Other liquid capital (specify)
Less total liabilities
TOTAL LIQUID FUNDS
CHECKING GUIDE (USE IS OPTIONAL)
(a) The name of the futures broker is ...........................
(b) The futures broker’s licence No. is .........................
(c) Accounts have been lodged for year ending ....../....../19......
(d) Extension for lodging accounts has been granted
to....../....../19.....
Forms lodged — Checked
(a) Annual statement (Form 9) *Yes *No
(b) Annual accounts (Form 15) *Yes *No
(c) Auditor’s report (Form 16) *Yes *No
If required form not checked and in order, give particulars.
(1) Current assets (as in balance sheet) $
(2) Current liabilities $
(3) Working capital $
(4) Non-current liabilities $ Total
liabilities
$
(5) Deduct any assets not allowed in
liquid funds calculation $
(6) Add any additional assets in
liquid funds calculation $ Percentage
to total
liabilities
................%
(7) Liquid funds $
Non-liquid assets excluding
amounts under (6) above $
Amounts deducted under (5) above $
Net tangible assets $
Intangible assets $
Percentage
to total
liabilities
................%
Shareholders’ funds $
Comments:
Auditor’s report: (Form 16):
(Details of any qualifications, etc)
Remarks by examining officer:
..................
Examining officer
..................
Date
We certify that the above information is to the best of our knowledge and belief true and correct.
Dated 19 .
..................
Director
..................
Director
AUDITOR’S REPORT (2)
*I/*We report that in *my/*our opinion the above statement relating to the accounts of (3) ......
futures broker, has been properly drawn up so as to provide the information required by the Futures Industry Regulations.
In *my/*our opinion, the attached futures broker’s accounts referred to above *are/*are not properly drawn up in accordance with the provisions of the Companies Act 1981 to show a true and fair view of the broker’s position at and of the profit or loss of the broker for the year in accordance with —
(a) the approved accounting standards within the meaning of subsection 266 (1) of the Companies Act 1981; and
(b) 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 (a).
Dated 19 .
........................
Signature(s) of the auditor(s)
* Strike out whichever is inapplicable.
NOTES
(1) Attach list detailing gains and losses separately and any income tax obligations.
(2) If an auditor is not satisfied about any matters, state the auditor’s reasons for not being so satisfied.
(3) Insert the name of the futures broker.
Form 16 Futures Industry
(subsection 95 (2))
(subregulation 26 (2))
AUDITOR’S REPORT (1) ON THE PROFIT AND LOSS ACCOUNT AND BALANCE SHEET OF A FUTURES BROKER
FINANCIAL YEAR ENDED: 19 .
The full name of the futures broker is or the full names of the partners of the futures broker are —
*I/*We have inspected the futures broker’s licence(s) held by the futures broker(s) and noted any conditions or restrictions on it (them), and any applicable conditions or restrictions prescribed by regulations under the Futures Industry Act 1986.
On the basis of *my/*our check or test examination and inquiries, *I am/*we are of the opinion that(2) —
(a) the accounting and other records kept by the broker *comply/*do not comply with sections 86 and 90 of the Futures Industry Act 1986;
(b) the internal accounting control procedures of the broker are *adequate/*inadequate having regard to the nature and size of the business of the broker;
(c) the clients’ property *has/*has not been dealt with by the broker in accordance with sections 86 and 91 of the Futures Industry Act 1986;
(d) property held for sale or for safe custody (or any other purpose) or purchased for clients and paid for by them has been held *encumbered/*unencumbered by the broker;
(e) the clients’ segregated accounts *have/*have not been maintained at all times during the financial year in accordance with section 86 of the Futures Industry Act 1986;
(f) the accounting in respect of those segregated accounts is *adequate/*inadequate;
(g) the broker *has/*has not properly held or disposed of all property received by the broker;
(h) the internal procedures designed to ensure compliance with all the conditions or restrictions applicable to the broker’s licence are *adequate/*inadequate;
(i) the broker *has/*has not maintained the required level of net tangible assets in connection with the broker’s business of dealing in futures contracts;
(j) the broker *has/*has not kept proper records of deposits and margins received from the clients of the broker;
(k) the broker *has/*has not dealt with those deposits and margins in accordance with the business rules of the futures exchange or futures association of which the broker is a member;
(l) the broker *has/*has not properly calculated and dealt with the excess funds (if any) of the broker’s clients;
(m) the broker *has/*has not kept proper records of or relating to those clients’ acknowledgments, agreements and consents that are required by or under the Futures Industry Act 1986 to be obtained by the broker with respect to dealings in futures contracts;
(n) the broker *has/*has not kept proper records of money and other property held by the broker on behalf of the broker’s clients;
(o) the broker *has/*has not kept records of commissions received by the broker in relation to dealings by the broker in futures contracts;
(p) no *matter/*other matter has arisen during the financial year which would have required *me/*us to report to the Commission pursuant to section 97 of the Futures Industry Act 1986 (reference should be made to any report made in accordance with that section identifying the date of the report and the provisions of the Futures Industry Act 1986 to which the report refers); and
(q) all conditions and restrictions of a financial nature applicable to the broker’s licence *have/*have not been complied with.
The check or test examinations referred to in this report, the audit of the accompanying balance sheet of the broker as at (3) ,
the profit and loss account for the year ended on that date and notes *have/*have not been carried out in accordance with the Australian Auditing Standards and Practices promulgated by the Institute of Chartered Accountants in Australia or the Australian Society of Accountants and *included/*did not include such tests of the accounting records and such other auditing procedures as *I/*we considered necessary.
*Client(s) placed no restriction on the scope of the audit and all the information and explanations required were received. *The client(s)/*A client restricted the scope of the audit and all the information and explanations required were not received(4).
Dated 19 .
......................
Signature(s) of the auditor(s)
* Strike out whichever is inapplicable.
NOTES
(1) Where any part of this report is qualified, attach a separate comprehensive report.
(2) Strike out whichever alternative in each of paragraphs (a) to (p) is not applicable.
(3) Insert the date of the balance sheet.
(4) If this statement is applicable, give on a separate annexure details of client or clients who restricted the scope of the audit and the ways and circumstances in which the audit was restricted.
Form 17 Futures Industry
(subsection 119 (1))
(regulation 28)
NOTICE CALLING FOR CLAIMS AGAINST THE FIDELITY FUND OF A RELEVANT ORGANISATION
In the matter of ................................................
of ...........................................................
in the ........................................................
Notice is given that all persons claiming to have suffered pecuniary loss by reason of a defalcation or fraudulent misuse of money or other property by the above-named, or by any of that person’s employees, in relation to any money or other property entrusted to or received by that person or by any of that person’s employees are required to deliver to the relevant organisation, namely, .............................................. (1)
particulars of their claims for compensation from the fidelity fund of that relevant organisation, in writing, on or before the day of ......19......
Subject to section 119 of the Futures Industry Act 1986, claims not received by the Committee of that relevant organisation on or before that date will not be admitted and no payment in respect of any such claims will be made from that fidelity fund.
For the (1) ....................................................
for compensation from the fidelity fund of that relevant organisation in respect of pecuniary loss alleged to have been suffered from a defalcation or fraudulent misuse of money or other property by the above-named *member/*partner in a member firm of this organisation of by any of the *member’s/*partner’s employees.
The committee has decided, that having regard to all available evidence, the claim should be *disallowed/*partly disallowed to the extent set out below and you are notified accordingly.
(1) insert the name and address of the relevant organisation.
Form 19 Futures Industry
(subsection 149 (1))
(subregulation 33 (2))
PENALTY NOTICE
TO: ........................
........................
....................... (1)
It is alleged at (2) .......................................
on (3) ............................................19........... you
committed an offence against —
*(a) section 73 of the Futures Industry Act 1986 (failure to give particulars to the National Companies and Securities Commission of a change in particulars of the holder of a licence);
*(b) subsection 74 (1) of the Futures Industry Act 1986 (failure by a futures broker or a futures adviser to lodge with the National Companies and Securities Commission an annual statement within the required period);
*(c) subsection 74 (2) of the Futures Industry Act 1986 (failure by the holder of a representative’s licence to lodge with the National Companies and Securities Commission an annual statement within the required period);
*(d) subsection 95 (2) of the Futures Industry Act 1986 (failure by a futures broker to prepare accounts and to lodge them with the National Companies and Securities Commission before the prescribed day);
*(e) subsection 95 (4) of the Futures Industry Act 1986 (failure to comply with the conditions subject to which an extension of time for the preparation and lodgment of accounts by a futures broker has been granted).
*That offence/*Those offences *is/*are a *prescribed offence/ *prescribed offences for the purposes of section 149 of the Futures Industry Act 1986 and may therefore be disposed of in accordance with the procedure laid down in that section.
You may dispose of this matter —
(a) by —
(i) paying the prescribed penalty within 21 days of the service of this notice; and
(ii) complying with the requirements of the section or sub-section under which the offence is alleged to have been committed; or
(b) by taking no action and awaiting the institution of court proceedings against you for the alleged offence.
Payment of the prescribed penalty may be made —
(a) by delivering the amount of the penalty to the .............. (4)
between.............and.............on any day other than Saturday, Sunday or a public holiday; or
(b) by posting that amount to the ................ (5) at the address
mentioned in paragraph (a).
Payment must be accompanied by this form.(7)
Cheques and money orders must be crossed, marked “NOT NEGOTIABLE” and made payable to the (5)
Cash should not be posted. Part payment of the prescribed penalty will not be accepted.
If it is claimed that the relevant documents have been lodged with the ........................... (5) already, please state —
(a) the receipt number.....................................................................; and
(b) the date on which the receipt was issued .../.../19...
YOU ARE STILL REQUIRED TO COMPLY WITH THE REQUIREMENTS OF THE SECTION OR SUB-SECTION UNDER WHICH THE PRESCRIBED OFFENCE IS ALLEGED TO HAVE BEEN COMMITTED, i.e. you are required —
Issued by .......................... on behalf of the National Companies and Securities Commission on .........19 .
* Strike out whichever is inapplicable.
NOTES
(1) Insert the name and address of the alleged offender.
(2) Insert the place of the alleged offence.
(3) Insert the date of the alleged offence.
(4) Insert the name and address of the Corporate Affairs Commission for the Territory.
(5) Insert the name of the Corporate Affairs Commission for the Territory.
(6) Specify the action required to be taken in order to comply with the relevant section or subsection of the Futures Industry Act 1986.
(7) Payment of the prescribed penalty is not an admission of liability — see subsection 149 (5) of the Futures Industry Act 1986.
Schedule 3 Allowances and expenses of person required to attend for examination
(subsection 25 (12))
(regulation 15)
A person who attends for examination before an inspector to give evidence because of the person’s professional, scientific or other special skill or knowledge is entitled to be paid an allowance of not less than $45 and not more than $250 for each day on which the person so attends.
A person, other than a person referred to in Item 1 of this Schedule, who attends for examination before an inspector to give evidence or to produce documents is entitled to be paid —
(a) if the person is remunerated by wages, salary or fees —
(i) an allowance equal to the amount of wages, salary or fees lost by reason of so attending; or
(ii) an allowance of $50 for each day on which the person so attends,
whichever is the less; or
(b) if the person is not so remunerated — an allowance of $30 for each day on which the person so attends.
A person who attends for examination before an inspector to give expert advice shall be paid, in addition to any other allowance payable to the person under Item 1 or 2 of this Schedule, a reasonable allowance for attending to give that advice.
A person who attends for examination before an inspector to give evidence or to produce documents is entitled to be paid a reasonable amount —
(a) in respect of the expense of the person’s transport to and from the place at which the person so attends; and
(b) if the person is required to be absent overnight from the person’s usual place of residence — in respect of the person’s expenses for meals and accommodation.
Schedule 4 Prescribed offences and prescribed penalties