TRUSTEE OF A TRUST. Where you are the trustee of a trust, settlement or fund (including a superannuation fund) you further undertake, warrant and represent to us, with the intention that these undertakings, warranties and representations are repeated each time you provide instructions to us:
(a) capacities: you acknowledge and agree that you enter into this Client Agreement in your personal capacity and in your capacity as trustee of the trust;
TRUSTEE OF A TRUST. Where you are the trustee of a trust, settlement or fund (including a superannuation fund) you further undertake, warrant and represent to us, with the intention that these undertakings, warranties and representations are repeated each time you provide instructions to us:
(a) capacities: you acknowledge and agree that you enter into this Client Agreement in your personal capacity and in your capacity as trustee of the trust;
(b) sole trustee: you are the sole trustee or trustees of the Trust and you have been validly appointed;
(c) trust validly created: the trust was validly created and is in existence at the date of your application and has been duly stamped (if required);
(d) solely constituted: the trust is solely constituted by the trust deed described in your Application Form and is as amended or substituted (Trust Deed);
(e) right of indemnity: you have the right of indemnity against the assets of the trust under the Trust Deed and there has not, and will not be, any breach of trust or any other action that will prevent you from enforcing your rights under that indemnity;
(f) full authority: you are empowered and have full authority under the Trust Deed to enter into this Client Agreement and to enter into the transactions contemplated by it;
(g) no actions: there is no current or pending or threatened action or proceeding affecting the trust or any of the trust’s assets before any court or body which draws or purports to draw into question or is likely to affect the legality, or validity, of your right of indemnity under the Trust Deed or of this Client Agreement or any Product or your ability to observe your obligations under it;
(h) ceasing to be trustee: you will notify us immediately in writing if you cease for any reason to be the trustee of the trust or the trust is determined or ceases to exist;
(i) no distribution of capital or income: you will not make any distribution of any income or capital or assets of the trust that results in there being insufficient assets of the trust to meet any of your liabilities under this Client Agreement or any Products.
TRUSTEE OF A TRUST. Where you are the trustee of a trust, settlement or fund (including a superannuation fund) (the trust) you further undertake, warrant and represent to us, with the intention that these undertakings, warranties and representations are repeated each time you provide instructions to us:
TRUSTEE OF A TRUST. Where you are the trustee of a trust, settlement or fund (including a superannuation fund) (the Trust) you further undertake, warrant and represent to us, with the intention that these undertakings, warranties and representations are repeated each time you provide instructions to us:
(a) capacities: you acknowledge and agree that you enter into this Agreement in your personal capacity and in your capacity as trustee of the Trust;
(b) sole trustee: you are the sole trustee or trustees of the Trust and you have been validly appointed; (c) trust validly created: The Trust was validly created and is in existence at the date of your application and has been duly stamped (if required);
TRUSTEE OF A TRUST. If the Recipient has entered into this Agreement in its capacity as trustee of a trust (in this clause, the Recipient Trust):
TRUSTEE OF A TRUST.
(a) capacities: you acknowledge and agree that you enter into this Client Agreement in your personal capacity and in your capacity as trustee of the trust;
TRUSTEE OF A TRUST. If the Recipient has entered into this Agreement in its capacity as trustee of a trust (in this clause, the Recipient Trust):
2.1.1 it is the only trustee of the Recipient Trust and it is not aware of any action to remove it as trustee of the Recipient Trust;
2.1.2 it has power under the deed constituting the Recipient Trust (in this clause, the Recipient Trust Deed) and has obtained all necessary approvals, consents and authorisations to enter into and perform its obligations under this Agreement;
(a) it is not in default under the Recipient Trust Deed, the Recipient Trust has not been terminated and no vesting of the Recipient Trust’s property has occurred and it is not aware of any action proposed to terminate or vest the property of the Recipient Trust;
(b) the Recipient Trust’s property has not been resettled, set aside or transferred to any other trust;
(c) the entry into and the performance of its obligations under this Agreement is for the benefit of the beneficiaries of the Recipient Trust; and
(d) it has a right to be indemnified fully out of the Recipient Trust's assets in respect of all of the obligations and liabilities incurred by it, or which may be incurred by it, under this Agreement and its lien over the Recipient Trust’s property retains its priority over the rights and interests of the Recipient Trust’s beneficiaries to the extent provided by any relevant law.
TRUSTEE OF A TRUST. Where you are the trustee of a trust, settlement or fund (including a superannuation fund) (the Trust) you further represent, warrant and undertake to us, at the time of entering into this Agreement and each time you provide instructions to us:
(a) status of the Trust: The Trust is validly constituted and has not terminated, nor has the date or any event occurred for the vesting of the assets of the Trust. You will notify us immediately in writing if the Trust is determined or ceases to exist;
(b) status as trustee: you are the sole trustee or trustees of the Trust and you have been validly appointed. You have not given any notice of resignation and no action has been taken to remove you or to appoint an additional trustee of the Trust. You will notify us immediately in writing if you cease for any reason to be the trustee of the Trust;
(c) trust power: you have power under the instrument that constitutes the Trust (Trust Deed) to:
(i) own the Trust assets and carry on the business of the Trust as it is now being conducted; and
(ii) enter into this Agreement and to perform your obligations under this Agreement. You will ensure that your powers under the Trust Deed are not revoked or modified;
TRUSTEE OF A TRUST. 37.1. Whqrq you arq thq trustqq of a trust (including a supqrannuation fund) you furthqr undqrtakq, warrant and rqprqsqnt to us, with thq intqntion that thqsq undqrtakings, warrantiqs and rqprqsqntations arq rqpqatqd qach timq you providq instructions to us:
(a) capacities: you acknowlqdgq and agrqq that you qntqr into this Agrqqmqnt in your pqrsonal capacity and in your capacity as trustqq of thq trust;
(b) sole trustee: you arq thq solq trustqq or trustqqs of thq Trust and you havq bqqn validly appointqd;
(c) trust validly created: thq trust was validly crqatqd and is in qxistqncq at thq datq of your application and has bqqn duly stampqd (if rqquirqd);
(d) solely constituted: thq trust is solqly constitutqd by thq trust dqqd dqscribqd in your Account Application Form and is as amqndqd or substitutqd (Trust Dqqd);
