Deed of amendment - Wealth Master Trust

Transcription

1 Deed of amendment - Wealth Master Trust N.M. Superannuation Proprietary Limited (Trustee MinterEllison Level 40 Governor Macquarie Tower 1 Farrer Place Sydney NSW 2000 Australia DX 117 Sydney T F minterellison.com ME_ _1 (W2003x

2 Table of Contents Details 3 Operative Part 1. Amendment to the Trust Deed 2. Saving Provision 3. No re-settlement of trust Signing page 6 Winter Ellison I Ref: AXB Deed of amendment for Wealth Master Trust page 2 ME_ _1 (W2003x

3 Details Date Parties Name ABN Short form name Address Background N.M. Superannuation Proprietary Limited Trustee 750 Collins Street, Docklands VIC 3008 A B C D By a declaration of trust dated 22 September 2007 (Trust Deed, a superannuation fund known as the Wealth Master Trust (Fund was established. The Trust Deed has been amended by various amending deeds from time to time. Under clause 33 of the Trust Deed, the Trustee may amend the Trust Deed, provided that the conditions set out in clause 33 are satisfied. The Trustee wishes to amend the Trust Deed in the manner set out in this deed. Winter Ellison Ref: AXB Deed of amendment for Wealth Master Trust page 3 ME_ _1 (W2003x

4 Operative Part 1. Amendment to the Trust Deed With effect from 23 April, 2015, the Trust Deed is amended as follows: (a In clause 1.1, insert the following new definition of "Non-Lapsing Nomination' in the correct alphabetical order: Non-Lapsing Nomination has the meaning given to it in clause 30.3(g. (b (c in clause 30.3(a, delete the words "Subject to clause 30.3(c and the Rules" and insert in their place "Subject to clause 30.3(c, clause 30.3(g and the Rules" insert the following new clauses 30.3(g to 30.3 (j immediately after clause 30.3(f: (g (h The Trustee may from time to time determine that this clause 30.3(g applies in respect of a category or group of Members, and may determine from time to time that this clause 30.3(g no longer applies in respect of a category or group of Members. Where the Trustee has determined that this clause 30.3(g applies in respect of a Member (and has not determined that this clause 30.3(g no longer applies in respect of the Member, where the Applicable Requirements permits, the Member may give the Trustee a nomination in such form and manner as the Trustee determines from time to time (Non-Lapsing Nomination that directs the Trustee to pay some or all of the balance of the Member's Member Account to a person or persons listed in the nomination (being the legal personal representative and/or Dependants of the Member on the death of the Member. Where the Trustee receives a Non-Lapsing Nomination, the Trustee may provide its consent to the exercise of a Member's direction in a Non- Lapsing Nomination: (i (ii on an individual nomination basis; or on a general basis, where the Non-Lapsing Nomination satisfies such terms and conditions as the Trustee determines from time to time, in which case such consent becomes effective from the time that the Non-Lapsing Nomination is processed by or on behalf of the Trustee. (i Subject to clause 30.3(j, if all the requirements of the Applicable Requirements have been met, where: (i (ii (iii the Trustee is in receipt of a current, valid Non-Lapsing Nomination; and the Trustee has consented to the Non-Lapsing Nomination in accordance with clause 30.3(h; and the Non-Lapsing Nomination complies with any terms and conditions determined by the Trustee pursuant to clause 30.3(h, Minter Ellison Ref: AXB Deed of amendment for Wealth Master Trust page 4 ME_ _1 (W2003x

5 the Trustee must pay the deceased Member's benefit to the person or persons listed in the Non-Lapsing Nomination. (j A Non-Lapsing Nomination ceases to be valid and effective upon the earlier of the following events: (i (ii (hi (iv (v (vi (vii the date the Non-Lapsing Nomination ceases to have effect under Applicable Requirements; the date a nominated beneficiary predeceases the Member; the date the Member marries or enters into a de-facto relationship (including with a person of the same sex; the date the Member divorces or the member's de-facto relationship (including with a person of the same sex terminates; the date the Member revokes the Non-Lapsing Nomination in writing; the date the Member provides a Non-Binding Nomination or a Binding Nomination in relation to the Member's Member Account or Member Accounts in respect of which the Non-Lapsing Nomination was made; the day before the date of the Member's death where, at the date of the Member's death, a nominated beneficiary is neither a Dependant or the legal personal representative of the member; or 2. Saving Provision (viii the date that any other circumstance, which the Trustee may determine from time to time, occurs in relation to the Member. Notwithstanding any other provision in this Deed to the contraiy, if any amendment contained in this is not consistent with, or breaches the restrictions in, the amendment power contained in clause 33 of the Trust Deed, that amendment shall be of no effect and the provisions purported to be amended shall continue to be determined in accordance with the provisions of the Trust Deed as they existed prior to the date of the amendment. 3. No re-settlement of trust This shall be construed only as operating to amend the Trust Deed and not establishing a new or different trust or superannuation fund. Wlinter Ellison Ref: AXB Deed of amendment for Wealth Master Trust page 5 ME_ J (W2003x

6 Signing page EXECUTED as a deed. N.M Superannuation Proprietary Limited (ABN by its undersigned Attorneys (who have not received notice of the revocation of the Power of Attorney Registered No. Book rip* under the authority of which this instrument has been signed in Sydney this ^ day of 20 \<f-. Attorn Witness to a&eve signature Attorney Gemma Cross Company Secretar- s tqa&ove signature Minter Ellison Ref: AXB Deed of amendment for Wealth Master Trust page 6 MEJ J (W2003x

7 Wealth Master Trust Dated il Wovmte 2014 N.M. Superannuation Proprietary Limited (ACN ("Trustee" vl Wealth Master Trust Amending Deed 2014 (transfer out fee

8 Wealth Master Trust Contents DETAILS GENERAL TERMS 1. AMENDMENTS 2. OPERATIVE DATE 3. NO REDECLARATION OR RESETTLEMENT SIGNING PAGE vl Wealth Master Trust Amending Deed 2014 (transfer out fee

9 Wealth Master Trust Details Party Trustee Trustee Name N.M. Superannuation Proprietary Limited ACN/ABN / Recitals Governing law Date of deed Address A B C D E F Victoria See Signing page Level 17, 447 Collins St, Melbourne, VIC 3000 By trust deed and rules dated 11 September 2007 ("Original Deed" a superannuation fund known as Wealth Master Trust ("Trust" was established. The Original Deed has been amended by amending deeds dated 26 October 2007, 17 April 2008,30 June 2010, 1 July 2010, 19 May 2011, 20 September 2013, 6 November 2013 and 6 November 2013 ("Amending Deeds". Together the Original Deed and the Amending Deeds form the Trust Deed for the Trust. Under Clause 4.2(a of the Trust, the Trustee has the power to set up separate funds ("Funds". The rules of the Funds are attached to the Trust Deed ("Rules". Under Clause 33 of the Trust Deed, the Trustee may amend the Trust Deed and Rules. The Trustee wishes to amend the Trust Deed in the manner set out in this deed of amendment vl Wealth Master Trust Amending Deed 2014 (transfer out fee

10 Wealth Master Trust General Terms 1. Amendments The trust deed is amended by: a in each of: i Appendix B2, table in paragraph 4; ii Appendix B4, table in paragraph 4; iii Appendix B5, table in paragraph 4; iv Appendix B6, table in paragraph 4; v Appendix B7, table in paragraph 3, replacing the text in the column(s adjacent to words "Transaction Fee" with the following: Up to $100 per trade, $30 per security transfer, $10 per tax lot, $100 for asset transfer oat (inspecie and $500for portfolio re-balancing. These fees are deductedfrom the proceeds of the transaction. b in Appendix B2, table in paragraph 4, replacing the text adjacent to "Listed Transaction Securities Fee" with the following: $34 per trade for trades up to and including $31,000, 0.11% of the value of the trade per trade for trades greater than $31,000, $25.63 per in specie transfer into the Fund and $10.25 per trade that is placed through a third party broker vl Wealth Master Trust Amending Deed 2014 (transfer out fee

11 2. Operative Date The amendments made by this deed of amendment operate with effect from the date of this deed. 3. No redeclaration or resettlement The Trustee is not by executing this deed of amendment redeclaring or resettling the Fund or any part of it. EXECUTED as a deed vl Wealth Master Trust Amending Deed 2014 (transfer out fee

12 Wealth Master Trust Signing Page DATED: 2014 EXECUTED as a deed N.M. Superannuation Proprietary Limited (ABN by its undersigned Attorneys (who have not received notice of the revocation of the Power of Attorney Registered No. fojj^v Book Kijft under the authority of which this instrument has been signed in Sydney this iljif/dayof it^. (X Attorney TdoMsOuAnfo Witness to above signature NJAAU Attorne % Witness to above signature vl Wealth Master Trust Amending Deed 2014 (transfer out fee

13 Governor Phillip Tower 1 Farrer Place Sydney NSW 2000 GPO Box 9925 NSW 2001 Tel ( Fax ( CORRS CHAMBERS WESTGARTH N. M. Superannuation Proprietary Limited Wealth Master Trust deed of amendment Ret MC/JCD AMPL1804/ v1 CORRSDMS-SQSS^a-vl-WeatlhJ^astecTrusLdeed^oLamendnienLSummiLFee.C Corrs Chambers Westgarth

14 Date (o Njcxemk>e^ 2.0i?> N. M. Superannuation Proprietary Limited ABN of 33 Alfred Street, Sydney, NSW 2000 (Trustee Background A B C D E By trust deed and rules dated 11 September 2007, as amended (Trust Deed, a superannuation fund known as the Wealth Master Trust (Fund was established. The Trustee is the trustee of the Fund. Clause of the Trust Deed specifies that the Trustee may vary in anyway permitted by the Trust Deed and the relevant Rules the fees specified in clause 24 and levy additional fees. Under clause 33 of the Trust Deed, the Trustee may amend the Trust Deed and the amendment must be in writing. The Trustee wishes to amend the Trust Deed in the manner set out in this deed of amendment. Agreed terms 1 Amendments The Trust Deed is amended in the manner set out in the schedule of this deed of amendment. 2 Operative time The amendments made by this deed of amendment operate with effect from 6 January No declaration or resettlement The Trustee is not by executing this deed of amendment re-declaring or resettling the Fund or any part of it. 4 Governing law This deed of amendment is governed by the law of Victoria v1 CORRSDMS-# v1-WeaHh_Master_Trust_deed_of_amendment Summit_Fee_C

15 Schedule 1 Amendment to fees for Summit Personal Super and Personal Pension products The Trust Deed is amended in the following manner: 1 By inserting a "Listed Securities Transaction Fee" row directly under the row titled Transaction Fee' in the table in Appendix B1 of the Trust Deed as follows: Listed Securities Transaction Fee $34 per trade for trades up to and including $31,000, 0.11 % of the value of the trade per trade for trades greater than $31,000, $25.63 per in specie transfer and $10.25 per trade that is placed through a third party broker v1 CORRSDMS-# v1-Wealth_Master_Trust_deed_of_amendment Summit_Fee_C page 2

16 Executed as a deed. Executed by N. M. Superannuation Proprietary Limited ABN in accordance with s. 127 of the C o r p o r a t i o n s A c t :./ Signature of Director/Gompany Secretary- Signature ofdirector/company Secretary Name of Director/Gomparty-Secretary (print Name of Dfreeter/Company Secretary (print 734Q89v1 CORRSDMS-# v1-Wealth_Master_Trust_deed_of_amendment_Summit_Fee_Cpage 3

17 Governor Phillip Tower 1 Farrer Place Sydney NSW 2000 GPO Box 9925 NSW 2001 Tel ( Fax ( CORRS CHAMBERS WESTGARTf N. M. Superannuation Proprietary Limited Wealth Master Trust deed of amendment Ret MC/JCD AMPL1804/ v1 CORRSDMS-# v 1 -WeaIth_Master_Trust_deed_of_amendmentJAccess_fe8_c Corrs Chambers Westgarth

18 Date (o Nfovew\loey 2ov N, M. Superannuation Proprietary Limited ABN of 33 Alfred Street, Sydney, NSW 2000 (Trustee Background A B C D E By trust deed and rules dated 11 September 2007, as amended (Trust Deed, a superannuation fund known as the Wealth Master Trust (Fund was established. The Trustee is the trustee of the Fund. Under Paragraph 2 of Appendix B2 of the Trust Deed, the Trustee may vary the fees described in Paragraph 4 of Appendix B2. Under clause 33 of the Trust Deed, the Trustee may amend the Trust Deed and the amendment must be in writing. The Trustee wishes to amend the Trust Deed in the manner set out in this deed of amendment. Agreed terms 1 Amendments The Trust Deed is amended in the manner set out in the schedule of this deed of amendment. 2 Operative time The amendments made by this deed of amendment operate with effect from 5 November No declaration or resettlement The Trustee is not by executing this deed of amendment re-declaring or resettling the Fund or any part of it. 4 Governing law This deed of amendment is governed by the law of Victoria v1 CORRSDMS-# v1-Wea[th_Master_TrusLdeed_of_amendment_iAccess_fee_c

19 Schedule 1 Amendment to fees for iaccess Personal Superannuation and Allocated Pension products The Trust Deed is amended in the following manner: 1 By inserting a "Listed Securities Transaction Fee" row directly under the row titled Transaction Fee' in the table in Appendix B2 of the Trust Deed as follows: Listed Securities Transaction Fee $34 per trade for trades up to and including $31,000, 0.11 % of the value of the trade per trade for trades greater than $31,000, $25.63 per in specie transfer and $10.25 per trade that is placed through a third party broker v1 CORRSDMS-# v1-Wealth_Master_Trust_deed_of_amendment_iAccess_fee_c page 2

20 Executed as a deed. Executed by N. M. Superannuation Proprietary Limited ABN in accordance with s. 127 of the C o r p o r a t i o n s A c t : /I 8 Signature of Director/Gempany- Secretary ' Signature of Director/Company Secretary Name of Director/Gompany-Secretary (print Name of Bireetor/Company Secretary (print v1 CORRSDMS-# v1-Wealth_Master_Trust_deed_of_amendment_iAccess_fee_c page 3

21 KING&WGDD MALLESONS Wealth Master Trust Dated N.M. Superannuation Proprietary Limited (ACN ("Trustee" King & Wood Mallesons Level 61 Governor Phillip Tower 1 Farrer Place Sydney NSW 2000 Australia T F DX 113 Sydney ME_ _1 (W2007

22 Wealth Master Trust Contents Details General terms 1 Amendments 2 Operative Date No redeclaration or resettlement 6 Signing page 7 King &Wood Mallesons _1 ME_ J (W2007

23 Wealth Master Trust Details Party Trustee Trustee Name N.M. Superannuation Proprietary Limited ACN/ABN / Address Level 17, 447 Collins St, Melbourne, VIC 3000 Recitals A By trust deed and rules dated 11 September 2007 ("Original Deed" a superannuation fund known as Wealth Master Trust ("Trust" was established. B C D E F The Original Deed has been amended by amending deeds dated 26 October 2007, 17 April 2008, 30 June 2010 and 1 July 2010 and 19 May 2011 ('Amending Deeds". Together the Original Deed and the Amending Deeds form the Trust Deed for the Trust. Under Clause 4.2(a of the Trust, the Trustee has the power to set up separate funds ("Funds". The rules of the Funds are attached to the Trust Deed ("Rules". Under Clause 33 of the Trust Deed, the Trustee may amend the Trust Deed and Rules. The Trustee wishes to amend the Trust Deed in the manner set out in this deed of amendment. Governing law Date of deed Victoria See Signing page King & Wood Mallesons _1 1 ME_ _1 (W2007

24 Wealth Master Trust General terms 1 Amendments The Trust Deed is amended by: (a inserting a new definition of "Operational Risk Reserve Account" in Clause 1.1, in the correct alphabetical order, as follows: ""Operational Risk Reserve Account" means an account kept under Clause 7.9." (b re-numbering Clause 7.9 (Further accounts as Clause 7.11 and inserting new Clauses 7.9 (Operational Risk Reserve Account - maintenance and 7.10 (Operational Risk Reserve Account - application as follows: "7.9 Operational Risk Reserve Account - maintenance If the Trustee wishes to maintain an operational risk resen/e in a Fund for the purposes of covering any or all of the operational risk relating to a Fund, it must keep one or more Operational Risk Reserve Accounts. An Operational Risk Resen/e Account is to hold amounts: (a (b (c contributed or transferred to a Fund by the Trustee; contributed or transferred to a Fund by or in respect of a Member which the Trustee determines are to be credited to the account; transferred from another account including a Member Account for the purposes of covering any or all of the operational risk relating to a Fund Operational Risk Reserve Account- application The Trustee may only apply amounts held in an Operational Risk Reserve Account: (a (b to satisfy a liability of the Trustee relating to a Fund or for any other purpose permitted by the Applicable Requirements; and to the extent the amount exceeds the amount required, in the Trustee's opinion, to satisfy the operational risk requirement (excessive amount, in any way the Trustee determines." (c inserting new Clause 20A (Trustee and Director Covenants the following: King & Wood Mallesons J 16 September 2013 ME _1 (W2007 2

25 "20A.1 Trustee Covenants If the Applicable Requirements require it, the Trustee must comply with any covenants which the Applicable Requirements imposes on it. 20A.2 Director Covenants If the Applicable Requirements require it, the directors must comply with any covenants which the Applicable Requirements impose on them." (d inserting as new Clause (Trustee's Indemnity - Operational Risk the following: "22.13 Trustee's Indemnity - Operational Risk From 1 July 2013, the Trustee's right of indemnity under this Clause 22 and the Applicable Requirements is subject to the following: (a (b (c the Trustee is not entitled to be indemnified from Fund assets for any amount expended out of capital of the Trustee managed and maintained by the Trustee to cover operational risk relating to the Fund; the Trustee is not entitled to satisfy its right of indemnity from the Operational Risk Reserve Accounts in respect of any liability or expense which does not relate to operational risk relating to a Fund unless the liability or expense is satisfied from an excessive amount (within the meaning of Clause 7.10(b; and to the extent that the indemnity is for a liability or expense relating to operational risk relating to a Fund, the indemnity must be satisfied from the amounts in the Operational Risk Reserve Accounts which are required to be maintained in those accounts to satisfy the operational risk requirement and may only be satisfied from other accounts (including Member Accounts to the extent that the relevant amounts in the Operational Risk Reserve Accounts are insufficient." (e inserting as new Clause 7.12 (Consolidation of Member Accounts the following: "7.12 Consolidation of Member accounts The Trustee may, in such manner as the Trustee considers appropriate, identify Members with more than one interest or account in the Fund and may merge or consolidate those interests or accounts." (0 in the table shown immediately after item 4 of Appendix A titled "Table of Fees", inserting the following as a new row at the bottom of the table: Stronger Super Fee* Up to 0.03% pa of a Member's Account balance, increased to allow for any GST payable by the Trustee and reduced to allow for King & Wood Mallesons _1 3 ME J {W2007

26 any reduced input tax credits which the Trustee may be entitled to claim. (g in the table shown in item 4 of Appendix B2, inserting the following as a new row at the bottom of the table: Stronger Super Fee Up to 0.03% pa of the balance of the Member Account as at the last business day of each month, increased to allow for any GST payable by the Trustee and reduced to allow for any reduced input tax credits which the Trustee may be entitled to claim. The fee is deducted from the Cash Holding Account at the end of each month. (h in the table shown in item 4 of Appendix B3, inserting the following as a new row at the bottom of the table: Stronger Super Fee Up to 0.03% per annum of the Member's Accumulated Credit as at the last business day of each month, increased to allow for any GST payable by the Trustee and reduced to allow for any reduced input tax credits which the Trustee may be entitled to claim. The fee is deducted from the Cash Holding Account at the end of each month. Up to 0.03% per annum of the Member's Accumulated Credit as at the last business day of each month, increased to allow for any GST payable by the Trustee and reduced to allow for any reduced input tax credits which the Trustee may be entitled to claim. The fee is deducted from the Cash Holding Account at the end of each month. (i in the table shown in item 4 of Appendix B4, inserting the following as a new row at the bottom of the table: Stronger Super Fee Up to 0.03% per annum of Member Account credit balance as at the last business day of each month, increased to allow for any GST payable by the Trustee and reduced to allow for any reduced input tax credits which the Trustee may be Up to 0.03% per annum of Member Account credit balance as at the last business day of each month, increased to allow for any GST payable by the Trustee and reduced to allow for any reduced input tax credits which the Trustee may be King & Wood Mallesons _1 MEJ J (W2007} 4

27 entitled to claim. The fee is deducted from the Cash Holding Account at the end of each month. entitled to claim. The fee is deducted from the Cash Holding Account at the end of each month. G in the table shown in item 4 of Appendix B5, inserting the following as a new row at the bottom of the table: Stronger Super Fee Up to 0.03% pa of Member Account credit balance as at the last business day of each month, increased to allow for any GST payable by the Trustee and reduced to allow for any reduced input tax credits which the Trustee may be entitled to claim. The fee is deducted from the Cash Holding Account at the end of each month. (k in the table shown in item 4 of Appendix B6, inserting the following as a new row at the bottom of the table: Stronger Super Fee Up to 0.03% pa of the balance of the Member Account as at the last business day of each month, increased to allow for any GST payable by the Trustee and reduced to allow for any reduced input tax credits which the Trustee may be entitled to claim. The fee is deducted from the Cash Holding Account at the end of each month. (I in the table shown in item 3 of Appendix B7, inserting the following as a new row at the bottom of the table: Stronger Super Fee Up to 0.03% pa of Member Account credit balance as at the last business day of each month, increased to allow for any GST payable by the Trustee and reduced to allow for any reduced input tax credits which the Trustee may be entitled to claim. The fee is deducted from the Cash Holding Account at the end of each month. (m in the table shown in item 5 of Appendix B7, inserting the following as a new row at the bottom of the table: King & Wood Mallesons J 5 ME_ J (W2007

28 Stronger Super Fee Up to 0.03% pa of Member Account credit balance as at the last business day of each month, increased to allow for any GST payable by the Trustee and reduced to allow for any reduced input tax credits which the Trustee may be entitled to claim. The fee is deducted from the Cash Holding Account at the end of each month. 2 Operative Date The amendments made by this deed of amendment operate with effect from the date of this deed. 3 No redeclaration or resettlement The Trustee is not by executing this deed of amendment redeclaring or resettling the Fund or any part of it. EXECUTED as a deed King &Wood Mallesons J MEJ _1 (W2007 6

29 Wealth Master Trust Signing page DATED: 2 0 rvipwu JOG T 2013 EXECUTED as a deed Executed by N.M. Superannuation Proprietary Limited in accordance with Section 127 of the Corporations Act 2001 (Cth: Signature (bf director S..6-.WT. S, Name of director (block letters Signature gf director/company secretary* 'delete whichever is not applicable M!.C(+ LL- (Al.tuuL Name of director/company secretary* (block letters 'delete whichever is not applicable King & Wood Mallesons _1 ME_ _1 (W2007 7