Common use of TRUSTEE OF A TRUST Clause in Contracts

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 fundthe Trust) you further undertakerepresent, warrant and represent undertake to us, with at the intention that these undertakings, warranties time of entering into this Agreement 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 status of the trustTrust: 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) sole status as 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 . You have not given any notice of resignation and is in existence at the date of your application and no action 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 taken to remove you or substituted (Trust Deed); (e) right of indemnity: you have the right of indemnity against the assets to appoint an additional trustee 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 Trust. You will notify us immediately in writing if you cease for any reason to be the trustee of the Trust; (c) trust or power: you have power under the trust is determined or ceases to exist;instrument that constitutes the Trust (Trust Deed) to: (i) no distribution of capital or income: you will not make any distribution of any income or capital or 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; (d) trust authority: all action has been taken that results in there being insufficient assets is necessary or desirable under the Trust Deed or at law to: (i) authorise your entry into the Agreement and to perform your obligations under this Agreement; (ii) ensure that this Agreement is binding on you as trustee of the trust Trust; and (iii) enable you to meet any properly carry on the business of your liabilities under this Client Agreement or any Products.the Trust;

TRUSTEE OF A TRUST. Where you are the trustee of a trust, settlement or fund (including a superannuation fund) (the Trust) you further undertakerepresent, warrant and represent undertake to us, with at the intention that these undertakings, warranties time of entering into this Agreement 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 status of the trustTrust: 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) sole status as 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 . You have not given any notice of resignation and is in existence at the date of your application and no action 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 taken to remove you or substituted (Trust Deed); (e) right of indemnity: you have the right of indemnity against the assets to appoint an additional trustee 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 Trust. You will notify us immediately in writing if you cease for any reason to be the trustee of the Trust; (c) trust or power: you have power under the trust is determined or ceases to exist;agreement 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; (d) trust authority: all action has been taken that is necessary or desirable under the Trust Deed or at law to: (i) authorise your entry into the Agreement and to perform your obligations under this Agreement; (ii) ensure that this Agreement is binding on you as trustee of the Trust; and (iii) enable you to properly carry on the business of the Trust; (e) no distribution amendment: the Trust Deed has not been amended; (f) benefit of capital or incomebeneficiaries: you will not make any distribution of any income or capital or assets are entering into this Agreement as part of the trust that results in there being insufficient assets proper administration of the trust to meet any Trust, for the commercial benefit of your liabilities under this Client Agreement or any Products.the Trust and for the benefit of the beneficiaries of the Trust;

TRUSTEE OF A TRUST. Where you are the trustee of a trust, settlement or fund (including a superannuation fund) you further fur- ther undertake, warrant and represent to us, with the intention that these undertakings, warranties and representations are repeated each time you provide instructions to us: (ai) capacities: you acknowledge and agree that you enter into this Client Agreement in your personal per- xxxxx 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) ap- pointed; trust validly created: the trust was validly created and is in existence at the date of your application ap- plication and has been duly stamped (if required); (d) ; solely constituted: the trust is solely constituted by the trust deed described in your Application Applica- tion 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 cap- ital 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 trust (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) : Terms and Conditions Agreement 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 Account 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 to 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 Agreement. If you are the trustee of a superannuation fund you further undertake, warrant and represent to us, with the intention that this warranty is repeated each time you provide us with Instructions, that you have sought advice as the trustee of a superannuation fund dealing in our Remittance Services and are satisfied that in so doing you comply with all your fiduciary duties and obligations under the Superannuation Industry (Supervision) Act 1993, the regulations made under it and/or other relevant legislation or regulations, and thatyour dealings do not in any Products.way breach that legislation or those regulations. Limitation of Liability and Indemnity

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 Client Agreement in your personal capacity and in your capacity as trustee of the trustTrust; (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 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 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 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 Trust or any of the trustTrust’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 Margin FX Contract 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 Trust or the trust Trust is determined or ceases to exist;; and (i) no distribution of capital or income: you will not make any distribution of any income or capital or assets of the trust Trust that results in there being insufficient assets of the trust Trust to meet any of your liabilities under this Client Agreement or any ProductsAgreement.

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) 22.2.1 capacities: you acknowledge and agree that you enter into this Client Agreement Terms and Conditions in your personal capacity and in your capacity as trustee of the trust; (b) 22.2.2 sole trustee: you are the sole trustee or trustees of the Trust and you have been validly appointed; (c) 22.2.3 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) 22.2.4 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) 22.2.5 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) 22.2.6 full authority: you are empowered and have full authority under the Trust Deed to enter into this Client Agreement Terms and Conditions and to enter into the transactions contemplated by it; (g) 22.2.7 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 Terms and Conditions or any Product or your ability to observe your obligations under it; (h) 22.2.8 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) 22.2.9 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.Terms and

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;; Trademax Global Limited VFSC: 40356 Client Agreement (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.