If you choose not to quote your TFN/ABN or claim an exemption, we are required to deduct tax at the highest marginal rate plus the Medicare levy from any income payable to you. If provided, your TFN/ABN will apply automatically to any future investment in the Fund unless you indicate otherwise. You can choose not to quote your TFN/ABN or claim an exemption. Deciding not to quote a TFN is not an offence. We are authorised to receive TFN information under tax law. For more information about TFNs/ABNs please contact the Australian Taxation Office.

 

 

• confirm that I/we have received or have had a reasonable opportunity to receive, a copy of the trust deed (Constitution) for the Fund; 

• agree to be bound by the provisions of the Constitution (as amended from time to time); 

• agree that the information contained in the Information Memorandum or the Constitution is not to be construed or implied as personal advice or a recommendation that the Fund is suitable for me/us; 

• acknowledge and agree that none of Specialist Investment Management Pty Limited (SIML), its subsidiaries and their respective associates and directors assure or guarantee the performance of any specific investment offered in or through the Fund, any particular rate of return from, or any repayment of capital invested in or through the Fund or any assured credit rating or degree of investment risk, whether by the Information Memorandum or other offer or disclosure document, term or rate sheet, circular or memorandum or presentation or other marketing material or apparent representation about the Fund by any of them, written or not; 

• acknowledge and agree that investments in Units in the Fund are not deposits with, investments in or other liabilities of SIML or of any of its related entities and are subject to investment risks, including possible delays in payment and the loss of income and principal invested;

• acknowledge that the Information Memorandum is a limited disclosure document and cannot and does not set out all foreseeable or other risks of investing in the Fund;

• agree that SIML (and its related entities) may collect, retain, store, use and disclose information about me/us and, if applicable, my/our directors, officers, agents and representatives for the purposes of managing this Application and then for administering my/our investment in the Fund, including to fund administrators, brokers, custodians and their administrators and their related bodies corporate, any of whom may be located outside of Australia, in accordance with the SIML Privacy Policy from time to time;

• acknowledge that the assets of the Fund will be held by the Trustee (initially Specialist Nominees Pty Limited, as a Corporate Authorised Representative of SIML) who in turn will appoint one or more external asset holders from time to time (initially Interactive Brokers, LLC and its appointed delegates) and the custodian and external asset holders may later be changed without prior notice to me; 

• SIML, Specialist Nominees Pty Limited and their respective nominees, agents and directors and employees may contact me, including for sending notices, statements and reports, by email or by other electronic means

• have the legal capacity to invest and I/we are over the age of 18 years;

• agree that if this application is made as a joint application, our investment is as joint tenants and this cannot be changed except pursuant to the Constitution; 

• declare that I am/we are not commonly known by any other names different from those disclosed in this Application Form; 

• declare that any documents or information of whatever kind or format which I/we have provided or will provide after this Application Form for verification purposes in support of my/our application are complete and correct and not misleading by any contents or any omission of any content or any other document; 

• acknowledge that it may be a criminal offence to knowingly provide false, forged, altered or falsified documents or misleading information or documents when submitting the completed Application Form;

• agree to give further information or personal details to SIML if required in order to allow it to meet its obligations under the AML/CTF and taxation legislation;

• consent to receive ongoing investor information including reports and additional information via email to the address I/we provide to SIML;

• acknowledge and agree that if the Trustee, in its sole discretion, determines that I/we are ineligible to hold units in the Fund or have provided misleading information in my/our Application Form, or I/we remain uncontactable after reasonable attempts to be contacted by or on my/our behalf of the Trustee, then I/we appoint the Trustee as my/our agent to submit a withdrawal request on my/our behalf in respect of all or part of my/our units, as the case requires, in the Fund;

• for the good consideration of SIML considering and, if it decides, accepting this Application (in full or in part), release, discharge and indemnify each of SIML, Specialist Nominees Pty Limited and their respective nominees, agents and directors and employees from and against all liability, loss, penalties, payments, costs, charges, expenses, actions, claims, demands and proceedings arising from my/our appointment of a representative and all acts and matters and things done or purported to be done by a representative even if not authorised by me/us; 

• in relation to an applicant that is a trustee, only the trustee has rights and obligations (in its/their capacity as trustee) in respect of the Fund; 

• agree that, to the extent permitted by law, neither I/we nor any person claiming through me/us will have any claim or right against SIML, Specialist Nominees Pty Limited and their respective nominees, agents and directors and employees in relation to any act, matter, or thing done or purported to be done by my/our representative or any person who purports to be my/our representative, if those persons who relied on the apparent representative’s authority had no reasonable basis to believe that that person was not my/our representative; 

• for the good consideration of SIML considering and, if it decides, accepting this Application (in full or in part), release, discharge and indemnify each of SIML, Specialist Nominees Pty Limited and their respective nominees, agents and directors and employees from and against all liability, loss, payments, charges, actions, claims and proceedings arising as a result of any act or omission resulting from instructions reasonably believed by them to be by me/us or by my/our representative; 

• all of the content of this Application Form and any accompanying supporting documentation (including any form submitted for satisfying FATCA requirements) (including without limitation the declarations, undertakings, confirmations, acknowledgements, indemnities and other parts of any of them) may be relied upon by each of SIML, Specialist Nominees Pty Limited and their respective nominees, agents and directors and employees as though they were parties to it (by reason of SIML taking the benefit of this on their behalf) and the Units would not be issued to me/us but for reliance on this Application Form;

• acknowledge and agree that this Application and any accompanying forms and declarations (without signatures on each of those documents), whether sent electronically, by post or otherwise provided to SIML, as being authorised to be given by or on behalf, and binding on, the Applicant;

• if making the application on behalf of a company, I am authorised by the company to make the application;

• if I am/we are investing as a trustee on behalf of a superannuation fund or trust, I/we confirm that I am/we are acting in accordance with the authority and powers designated to me under the trust deed;

• if I am/we are investing on behalf of a superannuation fund, I also confirm that the fund is a complying fund under the Superannuation Industry (Supervision) Act 1993;

• if the application is made by me under a power of attorney, I declare that I have not received notice of revocation of that power and I will supply a certified copy of the power of attorney.