ACKNOWLEDGEMENTS AND DECLARATIONS. By signing this Subscription Agreement, the applicant agrees and acknowledges and declares that: (a) The applicant will be bound by the Trust Deed of the Fund, this completed Subscription Agreement and the IM, as amended from time to time. (b) If this is a joint application, each applicant agrees, unless otherwise indicated in this Subscription Agreement, the investment is held as joint tenants and either applicant may operate the account and bind the other. (c) The applicant is a Wholesale Client as defined the Corporations Act 2001 (Cth). Where the applicant is a Wholesale Client (requiring an accountant certificate to be provided to Regal), the applicant certifies that the units in the Fund are not being acquired for use in connection with a business. (d) Where this Subscription Agreement relates to an offer made in New Zealand, the applicant is also a NZ Eligible Investor (as defined in the IM) and each applicant confirms and understands that: − the usual legal rules that require information to be given to investors for offers of financial products do not apply if the amount invested upfront by me (plus any other investments I have already made in those financial products) is NZ$750,000 or more; and − I may not receive a complete and balanced set of information about this investment; and − I have fewer legal protections for this investment; and − this investment is not suitable for retail investors; and − I have been advised to ask questions, read all documents carefully, and seek independent financial advice. (e) The applicant agrees that Regal or the Unit Registry may deliver and make reports, statements and other communications available in electronic form, such as e-mail or by posting on a website instead of physical delivery. (f) The applicant authorises Regal to apply the TFN or ABN provided in this form and authorise it to be applied to all future applications and redemptions for units, including reinvestments, unless the applicant otherwise advises Regal. (g) Distributions and other amounts payable to unitholders will be paid into the same account from which application monies were received unless otherwise notified in writing to the Unit Registry. (h) Regal may disclose to any service provider or to any regulatory body in any applicable jurisdiction copies of the applicant’s Subscription Agreement and any information concerning the applicant provided by the applicant to Regal or the Unit Registry and any such disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed on such person by law or otherwise. (i) Regal and/or the Unit Registry may disclose personal information of the applicant to each other, to affiliated entities, to any other service provider or to any regulatory body, whether in Australia or overseas. The applicant consents to the collection by, and disclosure to, all such organisations of the applicant’s personal information in accordance with Regal’s privacy policy as amended from time to time, details of which are available on Regal’s website at xxx.xxxxxxx.xxx. The applicant acknowledges that Regal will not be accountable under the Privacy Act 1988 (Cth) for such disclosures and that the applicant is not entitled to seek redress pursuant to the Privacy Act 1988 (Cth). (j) The applicant agrees to be bound by the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) in addition to the disclaimers, notices and consents contained in the IM. (k) The applicant has received and read a copy of the IM for the Fund with the date shown in Section 1 of this Subscription Agreement, and agrees to be bound by the terms of the IM. (l) The applicant agrees to the collection, use and disclosure of its personal details as set out in the IM. (m) Unless the applicant has contacted Regal and indicated a U.S. tax status in the Identification Form which forms part of this Subscription Agreement, each applicant certifies it is not a U.S. citizen or U.S. tax resident, will not be receiving units in the Fund in the United States and is not acquiring units in the Fund for the account of a United States person. In addition, where the applicant is an entity, the applicant certifies that it and each of its Controlling Persons is not a U.S. citizen or U.S. tax resident. Notwithstanding the foregoing, if any applicant’s investment becomes a reportable account for the purposes of FATCA or CRS or a reportable account for the purposes of any other relevant Intergovernmental Agreement (as reasonably determined by Regal or otherwise), the applicant will promptly notify Regal and provide Regal on request with any information which is necessary or desirable for Regal to comply with its obligations. Where the applicant is a trust which has made a choice in relation to limited disclosure of discretionary beneficiaries for FATCA or CRS purposes, the applicant undertakes to inform Regal that the trust has made or will make a distribution to a foreign resident beneficiary, on a timely basis. As regards the settlor of a trust, unless the applicant has identified a foreign settlor as a Controlling Person, the applicant certifies that afler reasonable enquiry the trustee has no reason to believe that the settlor is a foreign resident. (n) Regal, the Unit Registry, the Administrator, the Prime Brokers, and the Custodians or their respective subsidiaries, affiliates, directors, officers, shareholders, employees, agents, permitted delegates and sub-delegates may need to obtain certain information to enable compliance with the AML Requirements and current or future regulations aimed at the prevention of money laundering, FATCA , CRS (or similar regimes which may be implemented in other countries) or any other applicable regulatory or tax requirements, and the applicant undertakes to provide such additional information or documentation as requested of it from time to time to ensure Regal’s compliance with such requirements. The entities may also be required to report this information to tax, regulatory or law enforcement agencies, including AUSTRAC. (o) None of Regal, the Unit Registry or any other person is liable for any loss or damage incurred in connection with the Subscription Agreement being rejected or not being processed for whatever reason. Applications are accepted at the absolute discretion of Regal. It is the responsibility of each applicant to contact Regal to ascertain the status of their subscription and an applicant cannot assume their subscription has been successful until they receive confirmation from Regal. Rejected, invalid or incomplete applications will be returned to applicants as soon as possible. Interest is not payable on rejected application monies. Subscription monies will be held in an interest bearing account until invested by the Fund, and interest (if any) will be retained by the Fund. (p) None of Regal, the Unit Registry, the Administrator, the Prime Brokers and the Custodians or any of their related bodies corporate, guarantee in any way the performance of the Fund, repayment of capital from the Fund, any particular return from, or any increase in, the value of the Fund. (q) Should the applicant fail to provide any information or documentation requested of them, the application may be refused. (r) The applicant understands the risks associated with an application and holding units in the Fund including the risks outlined in the IM. (s) Regal reserves the right to reject any application or allocate to any applicant a lesser number or total issue price of units than that applied for. (t) The applicant is not aware of any liquidation or bankruptcy proceedings that have been commenced or are intended to be commenced by any person against it or which are intended or anticipated by it. (u) None of Regal, the Unit Registry, the Administrator, the Prime Brokers, the Custodians or any of their related bodies corporate, principals, officers, employees or agents make any recommendation as to the suitability of the Fund or any application for units by the applicant and the IM does not contain personal investment or taxation advice. The applicant has not relied on any statement or representation from Regal, except as set out in the IM. The applicant has to the extent that it considers necessary sought its own financial, investment and taxation advice before applying to invest in the Fund and make an application. (v) Applications and investment in the Fund are not deposits with or other liabilities of Regal, the Unit Registry or any other person and are subject to investment risk, including possible delays in repayment and loss of income and capital invested. (w) The applicant declares that Regal and/or its related entities will not be liable to the applicant or other persons for any loss suffered (including consequential loss in circumstances where transactions are delayed, blocked, frozen or where Regal refuses to process a transaction). (x) All information provided by the applicant as part of this Subscription Agreement is true and correct.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
ACKNOWLEDGEMENTS AND DECLARATIONS. By signing this Subscription Agreement, the applicant agrees and acknowledges and declares that:
(a) The applicant will be bound by the Trust Deed of the Fund, this completed Subscription Agreement and the IM, as amended from time to time.
(b) If this is a joint application, each applicant agrees, unless otherwise indicated in this Subscription Agreement, the investment is held as joint tenants and either applicant may operate the account and bind the other.
(c) The applicant is a Wholesale Client as defined the Corporations Act 2001 Xxx 0000 (Cth). Where the applicant is a Wholesale Client (requiring an accountant certificate to be provided to Regal), the applicant certifies that the units in the Fund are not being acquired for use in connection with a business.
(d) Where this Subscription Agreement relates to an offer made in New Zealand, the applicant is also a NZ Eligible Investor (as defined in the IM) and each applicant confirms and understands that: − the usual legal rules that require information to be given to investors for offers of financial products do not apply if the amount invested upfront by me (plus any other investments I have already made in those financial products) is NZ$750,000 or more; and − I may not receive a complete and balanced set of information about this investment; and − I have fewer legal protections for this investment; and − this investment is not suitable for retail investors; and − I have been advised to ask questions, read all documents carefully, and seek independent financial advice.
(e) The applicant agrees that Regal or the Unit Registry Administrator may deliver and make reports, statements and other communications available in electronic form, such as e-mail or by posting on a website instead of physical delivery.
(f) The applicant authorises Regal to apply the TFN or ABN provided in this form and authorise it to be applied to all future applications and redemptions for units, including reinvestments, unless the applicant otherwise advises Regal.
(g) Distributions and other amounts payable to unitholders will be paid into the same account from which application monies were received unless otherwise notified in writing to the Unit RegistryAdministrator.
(h) Regal may disclose to any service provider or to any regulatory body in any applicable jurisdiction copies of the applicant’s Subscription Agreement and any information concerning the applicant provided by the applicant to Regal or the Unit Registry Administrator and any such disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed on such person by law or otherwise.
(i) The Fund, the Administrator and/or Regal and/or the Unit Registry may disclose personal information of the applicant overseas to each other, to affiliated entities, entities or to any other service provider or to any regulatory body. The Administrator’s Statement attached to this Subscription Agreement provides, whether amongst other things, details in Australia or overseasrelation to the disclosure of personal information overseas by the Administrator. The applicant consents to the collection by, and disclosure to, of personal information to all such organisations overseas organizations and related entities or affiliates of Regal and/or the applicant’s personal information in accordance with Regal’s privacy policy as amended from time to time, details of which are available on Regal’s website at xxx.xxxxxxx.xxxAdministrator. The applicant acknowledges that Regal will not be accountable under the Privacy Act 1988 Xxx 0000 (Cth) for such disclosures disclosure and that the applicant is will not entitled be able to seek redress pursuant to the Privacy Act 1988 Xxx 0000 (Cth). The applicant further agrees to the terms set out in the Administrator’s Statement, as amended from time to time.
(j) The applicant agrees to be bound by the Privacy Act 1988 Xxx 0000 (Cth) and the Spam Act 2003 Xxx 0000 (Cth) in addition to the ), disclaimers, notices and consents contained in the IM.
(k) The applicant has received and read a copy of the IM for the Fund with the date shown in Section dated 1 of this Subscription AgreementMarch 2019, and agrees to be bound by the terms of the IM.
(l) The applicant agrees to the collection, use and disclosure of its personal details as set out in the IM.
(m) Unless the applicant has contacted Regal and indicated a U.S. tax status in the Identification Form which forms part of this Subscription Agreement, each applicant certifies it is not a U.S. citizen or U.S. tax resident, will not be receiving units in the Fund in the United States and is not acquiring units in the Fund for the account of a United States person. In addition, where the applicant is an entity, the applicant certifies that it and each of its Controlling Persons is not a U.S. citizen or U.S. tax resident. Notwithstanding the foregoing, if any applicant’s investment becomes a reportable account for the purposes of FATCA or CRS or a reportable account for the purposes of any other relevant Intergovernmental Agreement (as reasonably determined by Regal or otherwise), the applicant will promptly notify Regal and provide Regal on request with any information which is necessary or desirable for Regal to comply with its obligations. Where the applicant is a trust which has made a choice in relation to limited disclosure of discretionary beneficiaries for FATCA or CRS purposes, the applicant undertakes to inform Regal that the trust has made or will make a distribution to a foreign resident beneficiary, on a timely basis. As regards the settlor of a trust, unless the applicant has identified a foreign settlor as a Controlling Person, the applicant certifies that afler after reasonable enquiry the trustee has no reason to believe that the settlor is a foreign resident.
(n) Regal, the Unit Registry, the Administrator, the Prime Brokers, and the Custodians or their respective subsidiaries, affiliates, directors, officers, shareholders, employees, agents, permitted delegates and sub-delegates may need to obtain certain information to enable compliance with the AML Requirements and current or future regulations aimed at the prevention of money laundering, FATCA , CRS (or similar regimes which may be implemented in other countries) or any other applicable regulatory or tax requirements, and the applicant undertakes to provide such additional information or documentation as requested of it from time to time to ensure Regal’s compliance with such requirements. The entities may also be required to report this information to tax, regulatory or law enforcement agencies, including AUSTRAC.
(o) The applicant consents to access the information about its investment in the Fund through Link’s Fund Manager Web Portal (Online Portal) provided by the Administrator. The applicant agrees to use the Online Portal in good faith and in accordance with the terms and conditions provided thereof. The applicant agrees to receive contract notes, the Net Asset Value (NAV) statements and any other investment related information through the Online Portal.
(p) None of Regal, the Unit Registry Administrator or any other person is liable for any loss or damage incurred in connection with the Subscription Agreement being rejected or not being processed for whatever reason. Applications are accepted at the absolute discretion of Regal. It is the responsibility of each applicant to contact Regal to ascertain the status of their subscription and an applicant cannot assume their subscription has been successful until they receive confirmation from Regal. Rejected, invalid or incomplete applications will be returned to applicants as soon as possible. Interest is not payable on rejected application monies. Subscription monies will be held in an interest bearing account until invested by the Fund, and interest (if any) will be retained by the Fund.
(pq) None of Regal, the Unit Registry, the Administrator, the Prime Brokers and the Custodians or any of their related bodies corporate, guarantee in any way the performance of the Fund, repayment of capital from the Fund, any particular return from, or any increase in, the value of the Fund.
(qr) Should the applicant fail to provide any information or documentation requested of them, the application may be refused.
(rs) The applicant understands the risks associated with an application and holding units in the Fund including the risks outlined in the IM.
(st) Regal reserves the right to reject any application or allocate to any applicant a lesser number or total issue price of units than that applied for.
(tu) The applicant is not aware of any liquidation or bankruptcy proceedings that have been commenced or are intended to be commenced by any person against it or which are intended or anticipated by it.
(uv) None of Regal, the Unit Registry, the Administrator, the Prime Brokers, the Custodians or any of their related bodies corporate, principals, officers, employees or agents make any recommendation as to the suitability of the Fund or any application for units by the applicant and the IM does not contain personal investment or taxation advice. The applicant has not relied on any statement or representation from Regal, except as set out in the IM. The applicant has to the extent that it considers necessary sought its own financial, investment and taxation advice before applying to invest in the Fund and make an application.
(vw) Applications and investment in the Fund are not deposits with or other liabilities of Regal, the Unit Registry Administrator or any other person and are subject to investment risk, including possible delays in repayment and loss of income and capital invested.
(wx) The applicant declares that Regal and/or its related entities will not be liable to the applicant or other persons for any loss suffered (including consequential loss in circumstances where transactions are delayed, blocked, frozen or where Regal refuses to process a transaction).
(xy) All information provided by the applicant as part of this Subscription Agreement is true and correct.
Appears in 1 contract
Samples: Subscription Agreement
ACKNOWLEDGEMENTS AND DECLARATIONS. By signing this Subscription Agreement, the applicant agrees and acknowledges and declares that:
(a) The applicant will be bound by the Trust Deed of the Fund, this completed Subscription Agreement and the IM, as amended from time to time.
(b) If this is a joint application, each applicant agrees, unless otherwise indicated in this Subscription Agreement, the investment is held as joint tenants and either applicant may operate the account and bind the other.
(c) The applicant is a Wholesale Client as defined the Corporations Act 2001 (Cth). Where the applicant is a Wholesale Client (requiring an accountant certificate to be provided to Regal), the applicant certifies that the units in the Fund are not being acquired for use in connection with a business.
(d) Where this Subscription Agreement relates to an offer made in New Zealand, the applicant is also a NZ Eligible Investor (as defined in the IM) and each applicant confirms and understands that: − the usual legal rules that require information to be given to investors for offers of financial products do not apply if the amount invested upfront by me (plus any other investments I have already made in those financial products) is NZ$750,000 or more; and − I may not receive a complete and balanced set of information about this investment; and − I have fewer legal protections for this investment; and − this investment is not suitable for retail investors; and − I have been advised to ask questions, read all documents carefully, and seek independent financial advice.
(e) The applicant agrees that Regal or the Unit Registry may deliver and make reports, statements and other communications available in electronic form, such as e-mail or by posting on a website instead of physical delivery.
(f) The applicant authorises Regal to apply the TFN or ABN provided in this form and authorise it to be applied to all future applications and redemptions for units, including reinvestments, unless the applicant otherwise advises Regal.
(g) Distributions and other amounts payable to unitholders will be paid into the same account from which application monies were received unless otherwise notified in writing to the Unit Registry.
(h) Regal may disclose to any service provider or to any regulatory body in any applicable jurisdiction copies of the applicant’s Subscription Agreement and any information concerning the applicant provided by the applicant to Regal or the Unit Registry and any such disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed on such person by law or otherwise.
(i) Regal and/or The Fund, the Unit Registry and/or Regal may disclose personal information of the applicant overseas to each other, to affiliated entities, entities or to any other service provider or to any regulatory body, whether in Australia or overseas. The applicant consents to the collection by, and disclosure to, of personal information to all such organisations overseas organizations and related entities or affiliates of Regal and/or the applicant’s personal information in accordance with Regal’s privacy policy as amended from time to time, details of which are available on Regal’s website at xxx.xxxxxxx.xxxUnit Registry. The applicant acknowledges that Regal will not be accountable under the Privacy Act 1988 (Cth) for such disclosures disclosure and that the applicant is will not entitled be able to seek redress pursuant to the Privacy Act 1988 (Cth).
(j) The applicant agrees to be bound by the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) in addition to the ), disclaimers, notices and consents contained in the IM.
(k) The applicant has received and read a copy of the IM for the Fund with the date shown in Section 1 of this Subscription Agreement, and agrees to be bound by the terms of the IM.
(l) The applicant agrees to the collection, use and disclosure of its personal details as set out in the IM.
(m) Unless the applicant has contacted Regal and indicated a U.S. tax status in the Identification Form which forms part of this Subscription Agreement, each applicant certifies it is not a U.S. citizen or U.S. tax resident, will not be receiving units in the Fund in the United States and is not acquiring units in the Fund for the account of a United States person. In addition, where the applicant is an entity, the applicant certifies that it and each of its Controlling Persons is not a U.S. citizen or U.S. tax resident. Notwithstanding the foregoing, if any applicant’s investment becomes a reportable account for the purposes of FATCA or CRS or a reportable account for the purposes of any other relevant Intergovernmental Agreement (as reasonably determined by Regal or otherwise), the applicant will promptly notify Regal and provide Regal on request with any information which is necessary or desirable for Regal to comply with its obligations. Where the applicant is a trust which has made a choice in relation to limited disclosure of discretionary beneficiaries for FATCA or CRS purposes, the applicant undertakes to inform Regal that the trust has made or will make a distribution to a foreign resident beneficiary, on a timely basis. As regards the settlor of a trust, unless the applicant has identified a foreign settlor as a Controlling Person, the applicant certifies that afler after reasonable enquiry the trustee has no reason to believe that the settlor is a foreign resident.
(n) Regal, the Unit Registry, the Administrator, the Prime Brokers, and the Custodians or their respective subsidiaries, affiliates, directors, officers, shareholders, employees, agents, permitted delegates and sub-delegates may need to obtain certain information to enable compliance with the AML Requirements and current or future regulations aimed at the prevention of money laundering, FATCA , CRS (or similar regimes which may be implemented in other countries) or any other applicable regulatory or tax requirements, and the applicant undertakes to provide such additional information or documentation as requested of it from time to time to ensure Regal’s compliance with such requirements. The entities may also be required to report this information to tax, regulatory or law enforcement agencies, including AUSTRAC.
(o) None of Regal, the Unit Registry or any other person is liable for any loss or damage incurred in connection with the Subscription Agreement being rejected or not being processed for whatever reason. Applications are accepted at the absolute discretion of Regal. It is the responsibility of each applicant to contact Regal to ascertain the status of their subscription and an applicant cannot assume their subscription has been successful until they receive confirmation from Regal. Rejected, invalid or incomplete applications will be returned to applicants as soon as possible. Interest is not payable on rejected application monies. Subscription monies will be held in an interest bearing account until invested by the Fund, and interest (if any) will be retained by the Fund.
(p) None of Regal, the Unit Registry, the Administrator, the Prime Brokers and the Custodians or any of their related bodies corporate, guarantee in any way the performance of the Fund, repayment of capital from the Fund, any particular return from, or any increase in, the value of the Fund.
(q) Should the applicant fail to provide any information or documentation requested of them, the application may be refused.
(r) The applicant understands the risks associated with an application and holding units in the Fund including the risks outlined in the IM.
(s) Regal reserves the right to reject any application or allocate to any applicant a lesser number or total issue price of units than that applied for.
(t) The applicant is not aware of any liquidation or bankruptcy proceedings that have been commenced or are intended to be commenced by any person against it or which are intended or anticipated by it.
(u) None of Regal, the Unit Registry, the Administrator, the Prime Brokers, the Custodians or any of their related bodies corporate, principals, officers, employees or agents make any recommendation as to the suitability of the Fund or any application for units by the applicant and the IM does not contain personal investment or taxation advice. The applicant has not relied on any statement or representation from Regal, except as set out in the IM. The applicant has to the extent that it considers necessary sought its own financial, investment and taxation advice before applying to invest in the Fund and make an application.
(v) Applications and investment in the Fund are not deposits with or other liabilities of Regal, the Unit Registry or any other person and are subject to investment risk, including possible delays in repayment and loss of income and capital invested.
(w) The applicant declares that Regal and/or its related entities will not be liable to the applicant or other persons for any loss suffered (including consequential loss in circumstances where transactions are delayed, blocked, frozen or where Regal refuses to process a transaction).
(x) All information provided by the applicant as part of this Subscription Agreement is true and correct.
Appears in 1 contract
Samples: Subscription Agreement
ACKNOWLEDGEMENTS AND DECLARATIONS. By signing this Subscription Agreement, the applicant agrees and acknowledges and declares that:
(a) The applicant will be bound by the Trust Deed of the FundFund Constitution, this completed Subscription Agreement and the IM, as amended from time to time.
(b) If this is a joint application, each applicant agrees, unless otherwise indicated in this Subscription Agreement, the investment is held as joint tenants and either applicant may operate the account and bind the other.
(c) The applicant is a Wholesale Client as defined the Corporations Act 2001 (Cth). Where the applicant is a Wholesale Client (requiring an accountant certificate to be provided to Regal), the applicant certifies that the units in the Fund are not being acquired for use in connection with a business.
(d) Where this Subscription Agreement relates to an offer made in New Zealand, the applicant is also a NZ Eligible Investor (as defined in the IM) and each applicant confirms and understands that: − - the usual legal rules that require information to be given to investors for offers of financial products do not apply if the amount invested upfront by me (plus any other investments I have already made in those financial products) is NZ$750,000 or more; and − - I may not receive a complete and balanced set of information about this investment; and − - I have fewer legal protections for this investment; and − - this investment is not suitable for retail investors; and − - I have been advised to ask questions, read all documents carefully, and seek independent financial advice.
(e) The applicant agrees that Regal or the Unit Registry Administrator may deliver and make reports, statements and other communications available in electronic form, such as e-mail or by posting on a website instead of physical delivery.
(f) The applicant authorises Regal to apply the TFN or ABN provided in this form and authorise it to be applied to all future applications and redemptions for units, including reinvestments, unless the applicant otherwise advises Regal.
(g) Distributions and other amounts payable to unitholders will be paid into the same account from which application monies were received unless otherwise notified in writing to the Unit RegistryAdministrator.
(h) Regal may disclose to any service provider or to any regulatory body in any applicable jurisdiction copies of the applicant’s Subscription Agreement and any information concerning the applicant provided by the applicant to Regal or the Unit Registry Administrator and any such disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed on such person by law or otherwise.
(i) The Fund, the Administrator and/or Regal and/or the Unit Registry may disclose personal information of the applicant overseas to each other, to affiliated entities, entities or to any other service provider or to any regulatory body. The Administrator’s Statement attached to this Subscription Agreement provides, whether amongst other things, details in Australia or overseasrelation to the disclosure of personal information overseas by the Administrator. The applicant consents to the collection by, and disclosure to, of personal information to all such organisations overseas organizations and related entities or affiliates of Regal and/or the applicant’s personal information in accordance with Regal’s privacy policy as amended from time to time, details of which are available on Regal’s website at xxx.xxxxxxx.xxxAdministrator. The applicant acknowledges that Regal will not be accountable under the Privacy Act 1988 (Cth) for such disclosures disclosure and that the applicant is will not entitled be able to seek redress pursuant to the Privacy Act 1988 (Cth). The applicant further agrees to the terms set out in the Administrator’s Statement, as amended from time to time.
(j) The applicant agrees to be bound by the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) in addition to the ), disclaimers, notices and consents contained in the IM.
(k) The applicant has received and read a copy of the IM for the Fund with the date shown in Section 1 of this Subscription Agreement, and agrees to be bound by the terms of the IM.
(l) The applicant agrees to the collection, use and disclosure of its personal details as set out in the IM.
(m) Unless the applicant has contacted Regal and indicated a U.S. tax status in the Identification Form which forms part of this Subscription Agreement, each applicant certifies it is not a U.S. citizen or U.S. tax resident, will not be receiving units in the Fund in the United States and is not acquiring units in the Fund for the account of a United States person. In addition, where the applicant is an entity, the applicant certifies that it and each of its Controlling Persons is not a U.S. citizen or U.S. tax resident. Notwithstanding the foregoing, if any applicant’s investment becomes a reportable account for the purposes of FATCA or CRS or a reportable account for the purposes of any other relevant Intergovernmental Agreement (as reasonably determined by Regal or otherwise), the applicant will promptly notify Regal and provide Regal on request with any information which is necessary or desirable for Regal to comply with its obligations. Where the applicant is a trust which has made a choice in relation to limited disclosure of discretionary beneficiaries for FATCA or CRS purposes, the applicant undertakes to inform Regal that the trust has made or will make a distribution to a foreign resident beneficiary, on a timely basis. As regards the settlor of a trust, unless the applicant has identified a foreign settlor as a Controlling Person, the applicant certifies that afler after reasonable enquiry the trustee has no reason to believe that the settlor is a foreign resident.
(n) Regal, the Unit Registry, the Administrator, the Prime Brokers, and the Custodians or their respective subsidiaries, affiliates, directors, officers, shareholders, employees, agents, permitted delegates and sub-delegates may need to obtain certain information to enable compliance with the AML Requirements and current or future regulations aimed at the prevention of money laundering, FATCA , CRS (or similar regimes which may be implemented in other countries) or any other applicable regulatory or tax requirements, and the applicant undertakes to provide such additional information or documentation as requested of it from time to time to ensure Regal’s compliance with such requirements. The entities may also be required to report this information to tax, regulatory or law enforcement agencies, including AUSTRAC.
(o) None of Regal, the Unit Registry Administrator or any other person is liable for any loss or damage incurred in connection with the Subscription Agreement being rejected or not being processed for whatever reason. Applications are accepted at the absolute discretion of Regal. It is the responsibility of each applicant to contact Regal to ascertain the status of their subscription and an applicant cannot assume their subscription has been successful until they receive confirmation from Regal. Rejected, invalid or incomplete applications will be returned to applicants as soon as possible. Interest is not payable on rejected application monies. Subscription monies will be held in an interest bearing account until invested by the Fund, and interest (if any) will be retained by the Fund.
(p) None of Regal, the Unit Registry, the Administrator, the Prime Brokers and the Custodians or any of their related bodies corporate, guarantee in any way the performance of the Fund, repayment of capital from the Fund, any particular return from, or any increase in, the value of the Fund.
(q) Should the applicant fail to provide any information or documentation requested of them, the application may be refused.
(r) The applicant understands the risks associated with an application and holding units in the Fund including the risks outlined in the IM.
(s) Regal reserves the right to reject any application or allocate to any applicant a lesser number or total issue price of units than that applied for.
(t) The applicant is not aware of any liquidation or bankruptcy proceedings that have been commenced or are intended to be commenced by any person against it or which are intended or anticipated by it.
(u) None of Regal, the Unit Registry, the Administrator, the Prime Brokers, the Custodians or any of their related bodies corporate, principals, officers, employees or agents make any recommendation as to the suitability of the Fund or any application for units by the applicant and the IM does not contain personal investment or taxation advice. The applicant has not relied on any statement or representation from Regal, except as set out in the IM. The applicant has to the extent that it considers necessary sought its own financial, investment and taxation advice before applying to invest in the Fund and make an application.
(v) Applications and investment in the Fund are not deposits with or other liabilities of Regal, the Unit Registry Administrator or any other person and are subject to investment risk, including possible delays in repayment and loss of income and capital invested.
(w) The applicant declares that Regal and/or its related entities will not be liable to the applicant or other persons for any loss suffered (including consequential loss in circumstances where transactions are delayed, blocked, frozen or where Regal refuses to process a transaction).
(x) All information provided by the applicant as part of this Subscription Agreement is true and correct.
Appears in 1 contract
Samples: Subscription Agreement
ACKNOWLEDGEMENTS AND DECLARATIONS. By signing this Subscription Agreement, the applicant agrees and acknowledges and declares that:
(a) The applicant will be bound by the Trust Deed of the Fund, this completed Subscription Agreement and the IM, as amended from time to time.
(b) If this is a joint application, each applicant agrees, unless otherwise indicated in this Subscription Agreement, the investment is held as joint tenants and either applicant may operate the account and bind the other.
(c) The applicant is a Wholesale Client as defined the Corporations Act 2001 (Cth). Where the applicant is a Wholesale Client (requiring an accountant certificate to be provided to Regal), the applicant certifies that the units in the Fund are not being acquired for use in connection with a business.
(d) Where this Subscription Agreement relates to an offer made in New Zealand, the applicant is also a NZ Eligible Investor (as defined in the IM) and each applicant confirms and understands that: − - the usual legal rules that require information to be given to investors for offers of financial products do not apply if the amount invested upfront by me (plus any other investments I have already made in those financial products) is NZ$750,000 or more; and − - I may not receive a complete and balanced set of information about this investment; and − - I have fewer legal protections for this investment; and − - this investment is not suitable for retail investors; and − - I have been advised to ask questions, read all documents carefully, and seek independent financial advice.
(e) The applicant agrees that Regal or the Unit Registry Administrator may deliver and make reports, statements and other communications available in electronic form, such as e-mail or by posting on a website instead of physical delivery.
(f) The applicant authorises Regal to apply the TFN or ABN provided in this form and authorise it to be applied to all future applications and redemptions for units, including reinvestments, unless the applicant otherwise advises Regal.
(g) Distributions and other amounts payable to unitholders will be paid into the same account from which application monies were received unless otherwise notified in writing to the Unit RegistryAdministrator.
(h) Regal may disclose to any service provider or to any regulatory body in any applicable jurisdiction copies of the applicant’s Subscription Agreement and any information concerning the applicant provided by the applicant to Regal or the Unit Registry Administrator and any such disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed on such person by law or otherwise.
(i) The Fund, the Administrator and/or Regal and/or the Unit Registry may disclose personal information of the applicant overseas to each other, to affiliated entities, entities or to any other service provider or to any regulatory body. The Administrator’s Statement attached to this Subscription Agreement provides, whether amongst other things, details in Australia or overseasrelation to the disclosure of personal information overseas by the Administrator. The applicant consents to the collection by, and disclosure to, of personal information to all such organisations overseas organizations and related entities or affiliates of Regal and/or the applicant’s personal information in accordance with Regal’s privacy policy as amended from time to time, details of which are available on Regal’s website at xxx.xxxxxxx.xxxAdministrator. The applicant acknowledges that Regal will not be accountable under the Privacy Act 1988 (Cth) for such disclosures disclosure and that the applicant is will not entitled be able to seek redress pursuant to the Privacy Act 1988 (Cth). The applicant further agrees to the terms set out in the Administrator’s Statement, as amended from time to time.
(j) The applicant agrees to be bound by the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) in addition to the ), disclaimers, notices and consents contained in the IM.
(k) The applicant has received and read a copy of the IM for the Fund with the date shown in Section 1 of this Subscription Agreement, and agrees to be bound by the terms of the IM.
(l) The applicant agrees to the collection, use and disclosure of its personal details as set out in the IM.
(m) Unless the applicant has contacted Regal and indicated a U.S. tax status in the Identification Form which forms part of this Subscription Agreement, each applicant certifies it is not a U.S. citizen or U.S. tax resident, will not be receiving units in the Fund in the United States and is not acquiring units in the Fund for the account of a United States person. In addition, where the applicant is an entity, the applicant certifies that it and each of its Controlling Persons is not a U.S. citizen or U.S. tax resident. Notwithstanding the foregoing, if any applicant’s investment becomes a reportable account for the purposes of FATCA or CRS or a reportable account for the purposes of any other relevant Intergovernmental Agreement (as reasonably determined by Regal or otherwise), the applicant will promptly notify Regal and provide Regal on request with any information which is necessary or desirable for Regal to comply with its obligations. Where the applicant is a trust which has made a choice in relation to limited disclosure of discretionary beneficiaries for FATCA or CRS purposes, the applicant undertakes to inform Regal that the trust has made or will make a distribution to a foreign resident beneficiary, on a timely basis. As regards the settlor of a trust, unless the applicant has identified a foreign settlor as a Controlling Person, the applicant certifies that afler after reasonable enquiry the trustee has no reason to believe that the settlor is a foreign resident.
(n) Regal, the Unit Registry, the Administrator, the Prime Brokers, and the Custodians or their respective subsidiaries, affiliates, directors, officers, shareholders, employees, agents, permitted delegates and sub-delegates may need to obtain certain information to enable compliance with the AML Requirements and current or future regulations aimed at the prevention of money laundering, FATCA , CRS (or similar regimes which may be implemented in other countries) or any other applicable regulatory or tax requirements, and the applicant undertakes to provide such additional information or documentation as requested of it from time to time to ensure Regal’s compliance with such requirements. The entities may also be required to report this information to tax, regulatory or law enforcement agencies, including AUSTRAC.
(o) None of Regal, the Unit Registry Administrator or any other person is liable for any loss or damage incurred in connection with the Subscription Agreement being rejected or not being processed for whatever reason. Applications are accepted at the absolute discretion of Regal. It is the responsibility of each applicant to contact Regal to ascertain the status of their subscription and an applicant cannot assume their subscription has been successful until they receive confirmation from Regal. Rejected, invalid or incomplete applications will be returned to applicants as soon as possible. Interest is not payable on rejected application monies. Subscription monies will be held in an interest bearing account until invested by the Fund, and interest (if any) will be retained by the Fund.
(p) None of Regal, the Unit Registry, the Administrator, the Prime Brokers and the Custodians or any of their related bodies corporate, guarantee in any way the performance of the Fund, repayment of capital from the Fund, any particular return from, or any increase in, the value of the Fund.
(q) Should the applicant fail to provide any information or documentation requested of them, the application may be refused.
(r) The applicant understands the risks associated with an application and holding units in the Fund including the risks outlined in the IM.
(s) Regal reserves the right to reject any application or allocate to any applicant a lesser number or total issue price of units than that applied for.
(t) The applicant is not aware of any liquidation or bankruptcy proceedings that have been commenced or are intended to be commenced by any person against it or which are intended or anticipated by it.
(u) None of Regal, the Unit Registry, the Administrator, the Prime Brokers, the Custodians or any of their related bodies corporate, principals, officers, employees or agents make any recommendation as to the suitability of the Fund or any application for units by the applicant and the IM does not contain personal investment or taxation advice. The applicant has not relied on any statement or representation from Regal, except as set out in the IM. The applicant has to the extent that it considers necessary sought its own financial, investment and taxation advice before applying to invest in the Fund and make an application.
(v) Applications and investment in the Fund are not deposits with or other liabilities of Regal, the Unit Registry Administrator or any other person and are subject to investment risk, including possible delays in repayment and loss of income and capital invested.
(w) The applicant declares that Regal and/or its related entities will not be liable to the applicant or other persons for any loss suffered (including consequential loss in circumstances where transactions are delayed, blocked, frozen or where Regal refuses to process a transaction).
(x) All information provided by the applicant as part of this Subscription Agreement is true and correct.. REGAL FUNDS MANAGEMENT SUBSCRIPTION AGREEMENT JULY 2017 V2 8
Appears in 1 contract
Samples: Subscription Agreement
