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1986 No. 150 FUTURES INDUSTRY REGULATIONS - SCHEDULE 2
SCHEDULE 2
FORMS
FUTURES INDUSTRY FORM 1 Sub-section 18
(7)
Regulation 13
NOTICE RELATING TO A REQUIREMENT TO DISCLOSE INFORMATION TO THE COMMISSION
TAKE NOTICE that, in relation to a requirement made of a person under
sub-section (4) of section 18 of the Futures Industry Act 1986 to disclose
information to the National Companies and Securities Commission, the terms of
sub-sections (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 sub-section (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 sub-section (4), that the statement might tend to incriminate
the person, evidence of that statement is not admissable 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.
FUTURES INDUSTRY FORM 2
Sub-section 25 (1)
Sub-regulation 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)
.......................................
..............................................................................
..............................................................................
TAKE NOTICE that under sub-section 25 (1) of the Futures Industry Act 1986 you
are required-
(a) to appear on (3) .............19 , at (4).........before (5)..........
at (6)..................................................................
..........................................................................
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)...................
..........................................................................
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
1. In relation to sub-sections 25 (1) and (2) of the Futures Industry Act
1986 , sub-sections 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 sub-section (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.".
2. 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.
3. In relation to the reference to "books" in paragraph (b) of this form,
sub-section 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.
FUTURES INDUSTRY FORM 3 Sub-section 65
(4)
Sub-regulation 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:
1.(a) The applicant's surname is - ........................................
The applicant's other names are - ...................................
(b) The residential address of the applicant is -
......................................................................
......................................................................
State or Territory ................................Postcode..........
Telephone No. .....................................(Specify STD code)
(c) The postal address of the applicant (if different from the applicant's
residential address) is -
......................................................................
......................................................................
State or Territory ................................Postcode..........
Telephone No. .....................................(Specify STD code)
(d) The applicant's date of birth is - ....../....../19......
The applicant's place of birth is - .................................
(Specify the State or Territory or, if born outside Australia, the
country)
(e) In the past 10 years the applicant has resided in Australia for
............ years.
(f) The full name or names under which the applicant's business *is/*is to
be carried on is -
......................................................................
(g) The address of the principal place at which the business of the
applicant *is/*is to be carried on is -
......................................................................
......................................................................
State or Territory ................................Postcode..........
Telephone No. .....................................(Specify STD code)
Telex No. ...........................................................
Facsimile No. .......................................................
(h) The addresses of all other places, whether within Australia or
elsewhere, at which the business of the applicant
*is/*is to be carried on is -
......................................................................
......................................................................
State or Territory ................................Postcode..........
Telephone No. .....................................(Specify STD code)
Telex No. ...........................................................
Facsimile No. .......................................................
(Indicate whether those places are established or are to be established)
2. The nature of the principal business of the applicant is -
..........................................................................
..........................................................................
3. The activity for which the applicant requires a licence is - (Specify in
detail)
..........................................................................
..........................................................................
..........................................................................
4. The applicant intends to deal in *all kinds/*the following kinds of futures
contracts:
..........................................................................
..........................................................................
*5. In relation to the business carried on or to be carried on by the
applicant -
(a) particulars of each person with whom the applicant carries on or
intends
carrying on business in partnership are as follows:
----------------------------------------------------------------------------
Full name ................................................................
Address (including State or Territory and postcode)
..........................................................................
..........................................................................
..........................................................................
Telephone No. ..........................................(Specify STD code)
----------------------------------------------------------------------------
Full name ................................................................
Address (including State or Territory and postcode)
..........................................................................
..........................................................................
..........................................................................
Telephone No. ..........................................(Specify STD code)
(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)
..........................................................................
..........................................................................
..........................................................................
Telephone No. ..........................................(Specify STD code)
----------------------------------------------------------------------------
Full name .................................................................
Address (including State or Territory and postcode)
..........................................................................
..........................................................................
..........................................................................
Telephone No. ..........................................(Specify STD code)
(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)
..........................................................................
..........................................................................
..........................................................................
Telephone No. ..........................................(Specify STD code)
----------------------------------------------------------------------------
Full name .................................................................
Address (including State or Territory and postcode)
..........................................................................
..........................................................................
..........................................................................
Telephone No. ..........................................(Specify STD code)
6. 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
------------------------------------------------------------------------------
7. 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? ..........
8. 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.
9. 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.
10. 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:
11. 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
........................................................
*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
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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
Sub-section 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.".
----------
FUTURES INDUSTRY FORM 4 Sub-section 65
(4)
Sub-regulation 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:
1. (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.........
Telephone No. ................................(Specify STD/ISD code)
Telex No. ..........................................................
Facsimile No. ......................................................
*(d) The applicant's postal address (if different from the above
address) is-
.....................................................................
State or Territory ................................Postcode.........
Telephone No. ................................(Specify STD/ISD code)
(e) The applicant's place of incorporation is-
.....................................................................
(f) The address of the principal place at which the business of the
applicant *is/*is to be carried on is-
.....................................................................
State or Territory ................................Postcode.........
Telephone No. ................................(Specify STD/ISD code)
Telex No. ..........................................................
Facsimile No. ......................................................
(g) The addresses of all other places, whether within Australia or
elsewhere, at which the business of the applicant *is/*is to be
carried on are-
.....................................................................
.....................................................................
State or Territory ................................Postcode.........
Telephone No. ................................(Specify STD/ISD code)
Telex No. ..........................................................
Facsimile No. ......................................................
.....................................................................
.....................................................................
State or Territory ................................Postcode.........
Telephone No. ................................(Specify STD/ISD code)
Telex No. ..........................................................
Facsimile No. ......................................................
(Indicate clearly those places established and those to be established)
(h) Particulars of the directors and secretaries, and the principal
executive officer (if any), of the applicant are as follows:
-------------------------------------------------------------------------
Full name Residential
address
(including name
of State or
Territory and
postcode) Date of birth Office held Date of
appointment
to office
-------------------------------------------------------------------------
2. The nature of the principal business of the applicant is-
............................................................................
3. The activity for which the applicant requires a licence is-
............................................................................
............................................................................
(Specify in detail)
4. The applicant intends to deal in *all kinds/*the following kinds of futures
contracts:
............................................................................
............................................................................
............................................................................
............................................................................
5. 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)
.............................................................................
.............................................................................
.............................................................................
Telephone No. ............................................(Specify STD code)
Full name ..................................................................
Address (including State or Territory and postcode)
.............................................................................
.............................................................................
.............................................................................
Telephone No. ............................................(Specify STD code)
6. 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
------------------------------------------------------------------------------
--
7. 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? ..........
8. *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:
1. ........................................................................
2. ........................................................................
3. ........................................................................
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.
9. 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:
10. 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
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.
13. 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:
...........
*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
1. 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.
2. 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.
3. 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
Sub-section 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.".
----------
FUTURES INDUSTRY FORM 5 Sub-section 65
(4)
Sub-regulation 17 (2) APPLICATION FOR A FUTURES BROKER'S REPRESENTATIVE'S
LICENCE OR A FUTURES
ADVISER'S REPRESENTATIVE'S LICENCE Application is made for a *futures broker's
representative's licence/*futures adviser's representative's licence and the
following statements are made in respect of the application:
1. (a) The applicant's surname is- .........................................
The applicant's other names are - ...................................
(b) The residential address of the applicant is -
....................................................................
....................................................................
State or Territory ................................Postcode........
Telephone No. ...................................(Specify STD code)
(c) The postal address of the applicant (if different from the
applicant's residential address) is -
.....................................................................
.....................................................................
State or Territory ................................Postcode........
Telephone No. ...................................(Specify STD code)
(d) The applicant's date of birth is- ..../..../19....
The applicant's place of birth is- .................................
(Specify the State or Territory or, if born outside Australia, the country)
(e) In the past 10 years the applicant has resided in Australia for
......... years.
(f) The business address of the applicant *is/*will be -
.....................................................................
.....................................................................
State or Territory ................................Postcode........
Telephone No. ...................................(Specify STD code)
(g) The full name(s) of the principal(s) whom the applicant proposes
to represent *is/*are -
.....................................................................
(h) The address of the principal place at which the business of the
principal *is/*is to be carried on is -
.....................................................................
.....................................................................
State or Territory ................................Postcode........
Telephone No. ...................................(Specify STD code)
Telex No. ..........................................................
Facsimile No. ......................................................
.....................................................................
.....................................................................
State or Territory ................................Postcode........
Telephone No. ...................................(Specify STD code)
Telex No. ..........................................................
Facsimile No. ......................................................
(i) The nature of the business carried on by the principal(s) is -
.....................................................................
2. (a) The applicant *has an application/*has no application for a futures
broker's representative's licence or a futures adviser's representative's
licence pending in a State or another Territory.
(b) The applicant *intends/*does not intend to apply for a licence
referred to in paragraph (a) in a State or another Territory.
3. Is the applicant, or has the applicant ever been, a director, secretary or
an executive officer 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 office:
------------------------------------------------------------------------------
-- Full name
of person Full name
of body
corporate Place of
incorporation
of body
corporate Office held
in body
corporate Date of
appointment
to office Date (If
any) on
which person
ceased to
hold the
office
------------------------------------------------------------------------------
--
4. 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, 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? ..........
(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 elsewhere in this application? ..........
(p) been refused a fidelity or surety bond or professional indemnity
insurance? ..........
5. The applicant *has/*has not had experience in performing the functions of a
futures broker, futures adviser, futures broker's representative or futures
adviser's representative.
If the applicant has had any such experience, attach an annexure giving full
particulars of that experience.
6. 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:
7. 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
employer's
business Nature of each
employment or
activity Dates of
commencement
and conclusion
of each employment
or activity
------------------------------------------------------------------------------
--
8(2). Additional information that is relevant to this application is as
follows:
............................................................................
............................................................................
............................................................................
............................................................................
9(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.
10. Annex written acknowledgment(s) signed by the principal(s) referred to in
Item 1 (g) evidencing *his/*her/*their intention to employ or engage the
applicant as a *futures broker's representative/*futures adviser's
representative.
Dated 19 .
Signature of applicant .......................................................
* 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
qualification 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.
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
Sub-section 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.".
----------
FUTURES INDUSTRY FORM 6
Sub-section 68 (1)
Regulation 18 APPLICATION FOR VARIATION OF A LICENCE-PARTICULARS OF THE
PRINCIPAL OF A
REPRESENTATIVE Application is made for a variation of the name of the holder
of a *futures broker's licence/*futures adviser's licence on whose behalf the
applicant may act and the following statements are made in respect of the
application.
1. (a) The applicant's surname is- ..........................................
The applicant's other names are- .........................................
(b) The residential address of the applicant is-
......................................................................
......................................................................
State or Territory ................................Postcode.. ......
Telephone No. ...................................(Specify STD code)
(c) The postal address of the applicant (if different from the applicant's
residential address) is-
......................................................................
......................................................................
State or Territory ................................Postcode.. ......
Telephone No. ...................................(Specify STD code)
(d) The licence No. of the applicant is- .................................
2. (a) The full name of the principal whom the applicant proposes to represent
is- ......................................................................
(b) The address of the principal place at which the business of the
principal *is/*is to be carried on is-
......................................................................
......................................................................
State or Territory ................................Postcode.........
Telephone No. ...................................(Specify STD code)
Telex No. ...........................................................
Facsimile No. .......................................................
(c) The nature of the business carried on or to be carried on by the
principal *is/*will be-
......................................................................
(d) The full name of the principal (if any) whom the applicant has ceased,
or intends to cease, to represent is-
......................................................................
3. Additional information considered relevant to this application is as
follows:
..........................................................................
..........................................................................
..........................................................................
..........................................................................
4. The date on which it is intended to effect the variation is
....../....../19....
5. Annex a written acknowledgment signed by the principal(s) referred to in
Item 2 evidencing *his/*her/*their intention to employ or engage the applicant
as a *futures broker's representative/*futures adviser's representative.
Dated 19 .
Signature of applicant .......................................................
*Strike out whichever is inapplicable.
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 Sub-section 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.".
----------
FUTURES INDUSTRY FORM 7 Section
73
Regulation 20
NOTICE OF CHANGE IN PARTICULARS OF LICENSEE
1. (a) The licensee's surname or the full name in which the licence is held
is- .........................................................................
The licensee's other names are-
.........................................................................
(b) The *residential address/*address of the registered office of the
licensee is-
.........................................................................
.........................................................................
State or Territory ................................Postcode.........
Telephone No. ...................................(Specify STD code)
(c) The postal address of the licensee (if different from the address
given in paragraph (b) ) is-
.........................................................................
.........................................................................
State or Territory ................................Postcode.........
Telephone No. ...................................(Specify STD code)
(d) The type of licence held is-
...........................................
Licence No. .............................................................
*2. CESSATION OF BUSINESS, &c. BY LICENSEE
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;
*(c) as the holder of a representative's licence, to be employed or act in
connection with the business carried on by the *futures broker/*futures
adviser named in that licence,
*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)
------------------------------------------------------------------------------
--
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
5. 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)
............................................................................
............................................................................
............................................................................
Telephone No. ............................................(Specify STD code)
Full name ..................................................................
Address (including State or Territory and postcode)
............................................................................
............................................................................
............................................................................
Telephone No. ............................................(Specify STD code)
6. 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
------------------------------------------------------------------------------
--
7. 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-
..........................................................................
..........................................................................
to- .......................................................................
..........................................................................
*(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-
..........................................................................
..........................................................................
to- .......................................................................
..........................................................................
*(c) On the ............................day of.........................19...
the name, or name and style, under which the business to which the licence
relates is carried on was changed from-
..........................................................................
..........................................................................
to- .......................................................................
..........................................................................
*9. CHANGE OF PARTICULARS OF PARTNERSHIP
On the ............................day of............................19...
(Insert name of the licensee) ceased to be a partner in the firm of ......
..........................................................................
became a partner in the firm of ..........................................
..........................................................................
*10. Where the licensee is a firm, particulars of each person who became a
partner in the firm are as follows:
Full name ................................................................
Address (including State or Territory and postcode) ......................
..........................................................................
Telephone No. ..........................................(Specify STD code)
Became a partner on 19
.
Full name ................................................................
Address (including State or Territory and postcode) ......................
..........................................................................
Telephone No. ..........................................(Specify STD code)
Became a partner on 19
.
*11. Where the licensee is a firm, particulars of each person who has ceased
to be a partner in the firm are as follows:
Full name ................................................................
Address (including State or Territory and postcode) ......................
..........................................................................
Telephone No. ..........................................(Specify STD code)
Ceased to be a partner on 19
.
Full name ................................................................
Address (including State or Territory and postcode) ......................
..........................................................................
Telephone No. ..........................................(Specify STD code)
Ceased to be a partner on 19
.
*12. CHANGE OF PARTICULARS IN RELATION TO A FUTURES BROKER'S REPRESENTATIVE OR
FUTURES ADVISER'S REPRESENTATIVE
On the ................................day of..........................19...
*(a) the address(es) of the principal place(s) of business of the *futures
broker(s)/*futures adviser(s) named in the licence as *a person/*persons on
whose behalf the holder of that licence may act *was/*were changed from-
------------------------------------------------------------------------------
-- Full name(s) of *futures broker(s)/*futures adviser(s) as
shown in licence Previous address(es) of principal place(s)
of
business of *futures broker(s)/*futures
adviser(s) so named (including the State or
Territory and postcode and the telephone
number including STD code, telex number and
facsimile number)
------------------------------------------------------------------------------
-- to-
------------------------------------------------------------------------------
-- Full name(s) of *futures broker(s)/*futures adviser(s) as
shown in licence Present address(es) of principal place(s)
of
business (including the State or Territory
and postcode and the telephone number
including STD code, telex number and
facsimile number)
------------------------------------------------------------------------------
--
*(b)(4) The name under which the business of-
..............................................................................
(insert the name of the *futures broker/*futures adviser)
is carried on was changed from-
..........................................................................
..........................................................................
to- .......................................................................
..........................................................................
*(c) the holder of the licence ceased to be employed by, or to act in
connection with, the business carried on by-
..............................................................................
(Set out the name of each futures broker or futures adviser, named
in the licence, in respect of whom the licence holder has ceased to
be a representative)
13. 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 Sub-section 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.".
----------
FUTURES INDUSTRY FORM 8 Sub-section 74
(1)
Sub-regulations 21 (1)
and (2) ANNUAL STATEMENT BY A FUTURES BROKER OR FUTURES ADVISER OTHER THAN A
BODY
CORPORATE
1. (a) The licensee's surname is- ..........................................
The licensee's other names are- ..........................................
(b) The residential address of the licensee is-
.........................................................................
.........................................................................
State or Territory .....................................Postcode.........
Telephone No. .........................................(Specify STD code)
(c) The postal address of the licensee (if different from the licensee's
residential address) is-
.........................................................................
.........................................................................
State or Territory .....................................Postcode.........
Telephone No. .........................................(Specify STD code)
(d) The licensee holds *futures broker's/*futures adviser's licence No.
..............
2. (a) The name(s) under which the business of the licensee is carried on
*is/*are-
.........................................................................
(b) The address of the principal place at which the business of the
licensee is carried on is-
.........................................................................
.........................................................................
State or Territory .....................................Postcode.........
Telephone No. .........................................(Specify STD code)
Telex No. ...............................................................
Facsimile No. ...........................................................
(c) The addresses of all other places, whether within Australia or
elsewhere, at which the business of the licensee is carried on are-
.........................................................................
.........................................................................
State or Territory or country ..........................Postcode.........
Telephone No. .....................................(Specify STD/ISD code)
Telex No. ...............................................................
Facsimile No. ...........................................................
.........................................................................
.........................................................................
State or Territory or country ..........................Postcode.........
Telephone No. .....................................(Specify STD/ISD code)
Telex No. ...............................................................
Facsimile No. ...........................................................
(d) This statement relates to the period from ....../....../19...... to
....../....../19...... (both dates inclusive).
3. The following changes in the nature of the activity for which the licence
is held took place during the period to which this statement relates:
...........................................................................
...........................................................................
...........................................................................
...........................................................................
4. (a) Particulars of the persons with whom the licensee is carrying on
business in partnership are as follows:
Full name ................................................................
Address (including State or Territory and postcode)
.........................................................................
.........................................................................
.........................................................................
Telephone No. .........................................(Specify STD code)
Full name ...............................................................
Address (including State or Territory and postcode)
.........................................................................
.........................................................................
.........................................................................
Telephone No. .........................................(Specify STD code)
(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)
.........................................................................
.........................................................................
.........................................................................
Telephone No. .........................................(Specify STD code)
Full name ...............................................................
Address (including State or Territory and postcode)
.........................................................................
.........................................................................
.........................................................................
Telephone No. .........................................(Specify STD code)
(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)
.........................................................................
.........................................................................
.........................................................................
Telephone No. .........................................(Specify STD code)
Full name ...............................................................
Address (including State or Territory and postcode)
.........................................................................
.........................................................................
.........................................................................
Telephone No. .........................................(Specify STD code)
5. During the period to which this statement relates, has the licensee-
(a) been appointed a director of any body corporate (wherever
incorporated)?
..........................................................................
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
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
------------------------------------------------------------------------------
--
6. 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? ..........
7. 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.
Dated 19 .
Signature of the licensee
.....................................................
*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
1. 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.
2. 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.
3. 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).
4. 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.
5. 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.
6. 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.
7. 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.
8. 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 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.
9. 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.
10. 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
1. 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; . . .".
2. Sub-section 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.".
----------
FUTURES INDUSTRY FORM 9 Sub-section 74
(1) Sub-regulations
21 (1) and (2) ANNUAL STATEMENT BY A FUTURES BROKER OR FUTURES ADVISER THAT IS
A BODY CORPORATE
1. (a) The name of the licensee is- ........................................
Company Registration No. ................................................
(b) The registered office of the licensee is situated at-
.........................................................................
.........................................................................
State or Territory ......................................Postcode.........
Telephone No. .........................................(Specify STD code)
(c) The postal address of the licensee (if different from the licensee's
residential address) is-
.........................................................................
.........................................................................
State or Territory ......................................Postcode.........
Telephone No. .........................................(Specify STD code)
(d) The licensee holds *futures broker's/*futures adviser's licence No.
...............
2. (a) The name(s) under which the business of the licensee is carried on
*is/*are-
.........................................................................
(b) The address of the principal place at which the business of the
licensee is carried on is-
.........................................................................
.........................................................................
State or Territory ......................................Postcode.........
Telephone No. .........................................(Specify STD code)
(c) The addresses of all other places, whether within Australia or
elsewhere, at which the business of the licensee is carried on are-
.........................................................................
.........................................................................
State, Territory or country .............................Postcode.........
Telephone No. .....................................(Specify STD/ISD code)
Telex No. ...............................................................
Facsimile No. ...........................................................
.........................................................................
.........................................................................
State, Territory or country .............................Postcode.........
Telephone No. .....................................(Specify STD/ISD code)
Telex No. ...............................................................
Facsimile No. ...........................................................
(d) Particulars of the directors and secretaries, and the principal
executive officer (if any), of the licensee are as follows:
------------------------------------------------------------------------
Full name Residential
address
(including
State or
Territory
and
postcode) Date and place
of birth
(Specify the
State or
Territory or, if
born outside
Australia, the
country) Office
held Date of
appointment
to office
------------------------------------------------------------------------
(e) This statement relates to the period
from....../...../19.....to....../..../19.... (both dates inclusive).
3. The following changes in the nature of the activity for which the licence
is held took place during the period to which this statement relates:
..........................................................................
..........................................................................
..........................................................................
..........................................................................
4. 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)
..............................................................................
..............................................................................
..............................................................................
Telephone No. ..........................................(Specify STD code)
Full name
.....................................................................
Address (including State or Territory and postcode)
..............................................................................
..............................................................................
..........................................................................
Telephone No. ..........................................(Specify STD code)
5. 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)?
..............................................................................
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
------------------------------------------------------------------------
6. 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 refered to in Item 5? ..........
(q) been refused a fidelity or surety bond or professional indemnity
insurance? ..........
7. 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.
9. 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:
*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
1. 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.
2. 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.
3. 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.
4. 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
1. 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; ................".
2. Sub-section 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.".
----------
FUTURES INDUSTRY FORM 10 Sub-section 74
(2)
Sub-regulation 21 (3)
ANNUAL STATEMENT BY A FUTURES BROKER'S OR FUTURES ADVISER'S REPRESENTATIVE
1. (a) The licensee's surname is- ..........................................
The licensee's other names are-
.........................................................................
(b) The residential address of the licensee is-
.........................................................................
.........................................................................
State or Territory ......................................Postcode.........
Telephone No ...........................................(Specify STD code)
(c) The postal address of the licensee (if different from the licensee's
residential address) is-
.........................................................................
.........................................................................
State or Territory ......................................Postcode.........
Telephone No ...........................................(Specify STD code)
(d) The business address of the licensee is-
.........................................................................
.........................................................................
State or Territory ......................................Postcode.........
Telephone No ...........................................(Specify STD code)
(e) The licensee holds *futures broker's representative's licence/*futures
adviser's representative's licence No.
........................................
2. (a) The occupation for which the representative's licence is held is- ...
(b) The full name(s) and address(es) of the principal(s) *is/*are-
Full name ................................................................
Address ..................................................................
State or Territory ......................................Postcode.........
Telephone No ...........................................(Specify STD code)
Telex No .................................................................
Facsimile No. ............................................................
.........................................................................
.........................................................................
Full name ................................................................
Address ..................................................................
State or Territory ......................................Postcode.........
Telephone No ...........................................(Specify STD code)
Telex No .................................................................
Facsimile No. ............................................................
(c) The nature(s) of the business(es) carried on by the principal(s)
*is/*are-
.........................................................................
(d) This statement relates to the period from .../.../19.. to .../.../19..
(both dates inclusive)
3. 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, 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 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? ..........
(p) been refused a fidelity or surety bond or professional indemnity
insurance? ..........
4.(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.
Dated 19 .
Signature of the licensee
.....................................................
*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.
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 PROVISIONS
1. Section 75 of the Futures Industry Act 1986, provides in relation to
futures brokers' representatives' licences and futures advisers'
representatives' licences-
"75. A person required by section 74 to lodge a statement shall lodge the
statement-
............................................................................
(c) if the licence is a representative's licence-within the prescribed
period after the date prescribed for the purposes of sub-section 74
(2).".
2. Sub-section 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.".
----------
FUTURES INDUSTRY FORM 11 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 1. *I/*We(1)
...............................................have authorised(2)
............................................................, a futures broker
licensed under the Futures Industry Act 1986, to operate on *my/*our behalf a
discretionary account. 2. *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)
*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.
----------
FUTURES INDUSTRY FORM 12 Sub-paragraph 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 given to the prospective
client(s) ............
.........................................................................19...
Signature of the futures broker by whom this statement is given Full name and
the address of the futures broker by whom this statement is given-
..............................................................................
..............................................................................
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...
..............................................................................
Signature(s) of the prospective client(s)
----------
FUTURES INDUSTRY FORM 13 Paragraph 92 (3)
(e)
Regulation 25
RETURN OF MEMBERS OF FIRM OF AUDITORS
1. The name of the firm is- .................................................
2(1). The address of the firm is- ...........................................
............................................................................
............................................................................
State or Territory .........................................Postcode.........
Telephone No. ............................................(Specify STD code)
Telex No. ..................................................................
Facsimile No. ..............................................................
3. 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.
----------
FUTURES INDUSTRY FORM 14 Sub-section 95
(2)
Sub-regulation 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:
..............................................
(b) futures broker's licence number:
...................................... Where the futures broker is a
partnership, give-
(a) full name of the partnership:
.........................................
(b) full names of each member of the partnership:
.........................
..........................................................................
(c) futures broker's licence number of each member of the partnership:
... ..........................................................................
------------------------------------------------------------------------------
--
DIRECTIONS
1. 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.
2. Full disclosure is required under Notes 1 to 11 (inclusive). Where
necessary annex a supporting schedule.
3. 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.
4. The term "immediate family" means the spouse and children of the futures
broker.
5. 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.
6. 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.
7. The term "secured amounts" includes amounts secured by equitable charges
and charges whether registered or unregistered.
8. 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.
9. 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.
BALANCE SHEET AS AT 30 JUNE 19......
------------------------------------------------------------------------------
--
Notes Last
financial
year
19...... This financial
year
19......
------------------------------------------------------------------------------
--
$ $
Proprietors' funds -------------------------- Represented by: Current assets-
Government and semi-government securities (market value this financial year $
..... last financial year $ .... ) --------------------------
Certificates of deposit at a bank --------------------------
Securities listed on a stock exchange (market value this financial year $ ....
last financial year $ .... ) 1
--------------------------
Bills of exchange 2
--------------------------
Amounts owed by- 3
--------------------------
Futures brokers (after providing for doubtful debts this financial year $ ....
last financial year $ .... ) --------------------------
Clients (after providing for doubtful debts this financial year $ .... last
financial year $ .... ) --------------------------
Partners' immediate families, family companies and trusts (after providing for
doubtful debts this financial year $.... last financial year $ .... )
--------------------------
Employees, employees' immediate families, family companies and trusts (after
providing for doubtful debts this financial year $ .... last financial year $
.... ) --------------------------
Other associated persons (after providing for doubtful debts this financial
year $ .... last financial year $ .... ) --------------------------
Loans and deposits- 4
--------------------------
Cash at bank and in hand (excluding balances held in clients' segregated
accounts) 5
--------------------------
Sundry debtors (after providing for doubtful debts) --------------------------
Prepayments --------------------------
Other current assets-specify --------------------------
--------------------------
Total current assests -------------------------- Current liabilities-
Bank overdraft and other bank facilities 6
--------------------------
Bills of exchange 2
--------------------------
Amounts owed to-
Futures brokers --------------------------
Clients 5
--------------------------
Partners' immediate families, family companies and trusts
--------------------------
Employees, employees' immediate families, family companies and trusts
--------------------------
Other associated persons --------------------------
Loans and deposits 4, 6
--------------------------
Sundry creditors --------------------------
Sundry provisions 7
--------------------------
Other current liabilities-specify 6
--------------------------
Total current liabilities --------------------------
Net current assets --------------------------
Non-current assets-
Investments-
Securities quoted on a stock exchange (market value this financial year $....
last financial year $ .... )-
at cost 1
--------------------------
Securities not quoted on a stock exchange-at cost --------------------------
Furniture, fittings, equipment, motor vehicles, etc.-at cost, less provision
for depreciation (provision for depreciation this financial year $ .... last
financial year $ .... ) --------------------------
Freehold property-at cost, less provision for depreciation on building
(provision for depreciation this financial year $ .... last financial year $
.... ) (value if independently valued this financial year $ .... last
financial year $ .... ) --------------------------
Amounts owed by- 3
--------------------------
Partners' immediate families, family companies and trusts
--------------------------
Employees, employees' immediate families, family companies and trusts
--------------------------
Other associated persons --------------------------
Loans and deposits 4
--------------------------
Other non-current assets-specify
Total non-current assets --------------------------
Non-current liabilities-
Bank loans 6
--------------------------
Other loans and deposits 4, 6
--------------------------
Partners' immediate families, family companies and trusts
--------------------------
Employees, employees' immediate families, family companies and trusts
--------------------------
Other associated persons 3
--------------------------
Other non-current liabilities-specify 6
--------------------------
Total non-current liabilities --------------------------
Net non-current assets --------------------------
Total net assets -------------------------- Contingent liabilities and capital
commitments 8
--------------------------
------------------------------------------------------------------------------
--
PROFIT AND LOSS ACCOUNT FOR THE FINANCIAL YEAR ENDED 30 JUNE 19......
------------------------------------------------------------------------------
--
Last
financial
year
19...... This
financial
year
19......
------------------------------------------------------------------------------
--
$ $
Revenue-
Profits (losses) from dealing in futures contracts --------------------------
Commission from dealing in futures contracts and brokerage (if any) from other
activities --------------------------
Underwriting commission --------------------------
Profits (losses) from trading other than by dealing in futures contracts
--------------------------
Dividends --------------------------
Interest --------------------------
Other revenue (specify) --------------------------
Total revenue -------------------------- Expenses-
Bad debts written off --------------------------
Amount provided for doubtful debts --------------------------
Interest --------------------------
Salaries (including all bonuses but excluding partners' salaries)
--------------------------
Other expenses (specify) --------------------------
Total expenses -------------------------- Operating profit before income tax-
Less-
Income tax *expense/*provision applicable to that profit
-------------------------- Operating profit --------------------------
Extraordinary items (net of income tax where applicable)+
-------------------------- Operating profit and extraordinary items for the
financial year --------------------------
------------------------------------------------------------------------------
--
*Strike out whichever is inapplicable. +Attach a list detailing gains and
losses separately and any income tax obligations.
------------------------------------------------------------------------------
--
NOTES 1. 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
------------------------------------------------------------------------------
2. 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) Currrent liabilities-to mature within:
30 days
90 days
180 days
Current liabilities-over 180 days 3. 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 4. 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 -------------------------- -------------------------- 5.
Money held in clients' segregated accounts is not to be shown in the balance
sheet as current assets or current liabilities. 6. 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) 7. Sundry provisions
Last
financial
year
$ This
financial
year
$
Holiday pay
Long service leave pay
Other (specify) -------------------------- --------------------------
Totals to
agree with
balance sheet
totals 8. 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)- 9. Clients' segregated accounts
Last
financial
year
$ This
financial
year
$
Cash at bank and in hand 10. 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
----------- -------------------------------------- 11. Return of debtors as at
.............................................19..
ANALYSIS OF AMOUNTS OWED, AGED FROM THE DATE OF CONTRACT
------------------------------------------------------------------------------
--
Class of debtor Less
than
one
month 1-3
months Over 3
months Unable
to be
aged Total
------------------------------------------------------------------------------
--
$ $ $ $
$ Futures brokers Clients Partners' immediate families, family companies and
trusts Employees, employees' immediate families, family companies and trusts
Other associated persons
---------- --------------------------------------------
Totals
---------- --------------------------------------------
------------------------------------------------------------------------------
-- 12. CHECKING GUIDE (USE IS OPTIONAL)
1. (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
....../....../......
2. 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.
3. (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 assests $
Intangible assets $
---------- Percentage
to total
liabilities
..........%
Proprietors' funds $
-----------
Comments:
4. Auditor's report: (Form 16):
(Details of any qualifications, &c.)
5. 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 sub-section 95 (2) of the Futures Industry Act 1986 .
...........................................................................
...........................................................................
...........................................................................
...........................................................................
........................................................................(2)
*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 sub-section
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 sub-paragraph (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.
----------
FUTURES INDUSTRY FORM 15 Sub-section 95
(2)
Sub-regulation 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- .....
1. 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.
2. The annexed accounts referred to above have been drawn up in accordance
with-
(a) the approved accounting standards within the meaning of sub-section
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 sub-paragraph (a).
3. 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-
4. 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 year $
............... 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-
5. (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-
6. (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
7. 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)
8. Standby credit facilities-show for each facility-
(i) amount
(ii) type
(iii) source
(iv) terms and availability
9. Subordinated loans-show for each loan-
(i) amount
(ii) source
(iii) duration
10. 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.
11. 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.
12. 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.
13. 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 ---------------------
14. CHECKING GUIDE (USE IS OPTIONAL)
1. (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.....
2. 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.
3. (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: $
----------
4. Auditor's report (Form 16): (Details of any qualifications, &c.)
5. 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 sub-section 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 sub-paragraph (a).
Dated 19 .
..........................
Signature(s) of the
auditor(s)
*Strike out whichever is inapplicable.
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--
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.
----------
FUTURES INDUSTRY FORM 16 Sub-section 95
(2)
Sub-regulation 26 (2)
AUDITOR'S REPORT(1) ON THE PROFIT AND LOSS ACCOUNT AND BALANCE SHEET OF A
FUTURES BROKER
FINANCIAL YEAR ENDED: 19 .
1. The full name of the futures broker is or the full names of the partners of
the futures broker are-
............................................................................
2. The full name(s) of the auditor(s) *is/*are- .............................
............................................................................
Registered company auditor registration No. ................................
............................................................................
3. *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.
4. 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.
5. 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.
6. *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.
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--
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.
----------
FUTURES INDUSTRY FORM 17 Sub-section 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)
...................................................................
......................................................................... Date
/ /19 .
------------------------------------------------------------------------------
--
NOTE (1) Insert the name and address of the relevant organisation.
----------
FUTURES INDUSTRY FORM 18 Sub-section 120
(4)
Regulation 29
NOTICE OF DISALLOWANCE OF A CLAIM AGAINST THE FIDELITY FUND
OF A RELEVANT ORGANISATION In the matter of
.............................................................
..............................................................................
the committee of(1)
........................................................... has considered
your claim against the relevant organisation, namely:(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.
Dated 19 .
Signed ................. .......
for the relevant organisation.(1)
(Include further details as appropriate)
............................................................................
............................................................................
............................................................................
............................................................................
............................................................................
............................................................................
*Strike out whichever is inapplicable.
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--
NOTE (1) Insert the name and address of the relevant organisation.
----------
FUTURES INDUSTRY FORM 19 Sub-section 149
(1)
Sub-regulation 33 (2)
PENALTY NOTICE TO: ...................................
.......................................
....................................(1) 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) sub-section 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) sub-section 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) sub-section 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) sub-section 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).
2. *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.
3. 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.
4. 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).
5. Payment must be accompanied by this form.(7)
6. Cheques and money orders must be crossed, marked "NOT NEGOTIABLE" and made
payable to the ......................................................(5)
7. Cash should not be posted. Part payment of the prescribed penalty will not
be accepted.
8. 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....
9. YOU ARE STILL REQUIRED TO COMPLY WITH THE REQUIREMENTS OF THE REGON OR
SUB-REGON UNDER WHICH THE PRESCRIBED OFFENCE IS ALLEGED TO HAVE BEEN
COMMITTED, i.e. you are required-
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
......................................................................(6)
Issued by ........ on behalf of the National Companies and Securities
Commission on ............ 19.......
*Strike out whichever is inapplicable.
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--
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 sub-section of the Futures Industry Act 1986. (7)
Payment of the prescribed penalty is not an admission of liability-see
sub-section 149 (5) of the Futures Industry Act 1986.
----------------
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