Date / /2003. Trust Deed. auda Foundation [902805/MM/M :1]
|
|
- Edwin Gibbs
- 5 years ago
- Views:
Transcription
1 Date / /2003 Trust Deed auda Foundation
2 Table of Contents 1. DEFINITIONS ESTABLISHMENT PUBLIC FUND Foundation to be Public Fund Invitation to Make Gifts Trustees May Decline Conditional Gifts OBJECTS General Objects Specific Objects APPLICATION OF FOUNDATION INCOME Trustees to Apply Income Income to be Applied Exclusively for Objects Costs of Management of Foundation Trustee's Discretion regarding Income Power to Retain in Original Form APPOINTMENT AND REMOVAL OF TRUSTEES Number of Trustees Original Trustee Appointment and Removal of Trustees Public Persons Composition of Trustees Certificate by Chairperson of Trustees Resignation of a Trustee Vacation of Office of Trustee Transfer of Investment on Change of Trustees MEETINGS AND ACTIONS OF TRUSTEES General Quorum Act Jointly Taking Action Minutes etc INVESTMENTS Authorised Investments Power to Vary Investment Conflict of Interest Investment in Land No Responsibility for Loss ENGAGEMENTS PATRON OF THE FOUNDATION TRUSTEES' REMUNERATION Payment of Trustees' Expenses No Other Payment to Trustees...9
3 ii 12. ACCOUNTS AND AUDIT Bank Accounts Record of Receipts Accounting Report Maintain Accounts Accounts to be Audited Inspection of Books of Account Assist Auditor Annual Public Report GIFTS RECEIVED BY THE FOUNDATION Deposit of All Money Issue of Receipts CAPITAL VALUE OF THE FOUNDATION Annual Calculation of Capital Value Market Value TRUSTEES' POWERS, RESPONSIBILITIES AND INDEMNITIES No Liability for Loss Indemnity Not Responsible for Loss No Liability for Future Laws No Liability for Taxes Paid Act on Advice Fiduciary Capacity Absolute Discretion Payment out of Foundation Only No Separate Accounts Management of Foundation ALTERATIONS Alteration of Deed Notify Australian Taxation Office Limited Nature of Amendment TERMINATION Termination of Foundation Dealing with Assets of Foundation on Termination GENERAL Decision of Trustees Conclusive Entire Understanding Further Assurance Waiver and Exercise of Rights NOTICES Service of Notice Particulars for Service Time of Service INTERPRETATION Governing Law and Jurisdiction Persons Joint and Several...16
4 iii 20.4 Legislation This Document, Clauses and Headings Severance Counterparts Number and Gender...17 SCHEDULE...19
5 Trust Deed DATE / /2003 BETWEEN GREGORY RICHARD WATSON of 107 Faraday Street, Carlton. Victoria, 3053 (Founder) AND auda FOUNDATION PTY LTD ACN ### of 107 Faraday Street, Carlton, Victoria, 3053 (Original Trustee) RECITALS A. The Founder wishes to establish a public charitable trust in Australia to be known as the auda Foundation, for the Objects set out in this Deed. B. The Original Trustee has been selected to be the original trustee of the Foundation, on and from the date of this Deed. C. Other persons, trusts, bodies corporate and other entities wishing to support the Foundation may make gifts to the Foundation and will be invited by the Trustees to do so. D. The Trustees have agreed to hold the assets of the Foundation for the Objects in accordance with this Deed. E. The parties enter into this Deed to record their common intentions. THIS DEED WITNESSES 1. DEFINITIONS In this Deed unless express or implied to the contrary: Act means the Income Tax Assessment Act 1997 (as amended)..au cctld means the country code top level domain that is the area of the Internet domain name system administered by Australia, for example, ".au" in the Internet address auda means.au Domain Administration Ltd ACN , a not for profit public company limited by guarantee which is the administrator of, and the Australian selfregulatory policy body for, the.au cctld and its associated second level domains. Auditor means the auditor appointed by the Trustee at any time to audit the Foundation. Authorised Investments means any of the modes of investment which the Trustee is authorised or permitted to invest at any time by the law of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia without special authorisation.
6 2 Balance Date means 30 June. Capital Value of the Foundation means the capital value of the Foundation determined under clause 14. Commencement Date means the date of execution of this Deed. Commissioner means the Commissioner of Taxation and includes any Deputy Commissioner of Taxation. Deed means this deed of trust. Directors means the members of the governing body of a body corporate. Foundation means the trust constituted under this Deed known as the auda Foundation including: (a) (b) (c) the Original Sum; any further money or property paid to or received by the Trustee as trustee of the Foundation; and all income and other additions derived or arising from the Original Sum, the money, property, assets or investments specified in paragraphs (a) and (b) of this definition and the proceeds of any realisation of the assets or investments. Grant means any money, property or benefits applied by the Trustees for the purpose of the Objects. Insolvency Event means any of the following events: (a) (b) (c) (d) (e) (f) a Trustee, being an individual, commits an act of bankruptcy; a Trustee becomes insolvent; a receiver, receiver and manager, administrator, controller, provisional liquidator or liquidator is appointed to a Trustee or a Trustee enters into a scheme of arrangement with its creditors or is wound up; a Trustee assigns any of its property for the benefit of creditors or any class of them; an encumbrance takes any step towards taking possession or takes possession of any assets of a Trustee or exercises any power of sale; or a distress, attachment or other execution is levied or enforced against a Trustee in excess of $1, Objects means the general objects of the Foundation set out in clause and the specific objects of the Foundation set out in clause 4.2. Original Sum means the sum of $ which constitutes the Foundation at the Commencement Date, such amount having been paid into the Foundation by the Founder on or before the Commencement Date.
7 3 Public Person means any person acceptable to the Australian Taxation Office who, because of their tenure of some public office or their position in the community, has a degree of responsibility to the community as a whole. Supplemental Deed means a deed altering the trusts, powers and provisions of this Trust Deed under clause 16. Trust Bank Account means any number of bank accounts opened in the name of the Foundation for any purpose in respect of the Foundation. Trustees means all the trustees of the Foundation at any time including the Original Trustee and any trustees added or substituted in accordance with this Deed. 2. ESTABLISHMENT The Trustees declare that they hold the assets of the Foundation at all times on trust for the purposes of furthering the Objects, subject to the powers and provisions contained in this Deed. 3. PUBLIC FUND 3.1 Foundation to be Public Fund The Trustees must ensure that the Foundation is a public fund for the purposes of the Act. 3.2 Invitation to Make Gifts The Trustees must invite persons, firms, trusts, bodies corporate and other entities of all kinds and the public generally, to make gifts or contributions to the Foundation. 3.3 Trustees May Decline Conditional Gifts 4. OBJECTS The Trustees may, in their absolute discretion, decline to accept any gift, contribution or bequest where there are conditions attached to that gift, contribution or bequest which are in the opinion of the Trustees inconsistent with the Objects or otherwise for any reason inappropriate or undesirable. 4.1 General Objects Subject to clause 4.1.2, the general objects of the Foundation are to provide money, property or benefits exclusively to promote and encourage education and research activities that will enhance the utility of the Internet for the benefit of the Australian community, including: the provision of open scholarships and prize funds to encourage and reward academic and applied excellence; the funding of pure and applied research including academic positions and the publication of results for the benefit of the Australian community;
8 the funding of community demonstration projects and the publication of results for the benefit of the Australian community; and the funding of public education and awareness initiatives through all relevant mediums and institutions If the Foundation is entitled to received gifts which are deductible by the donor under Division 30 of the Act, the provision of property, money or benefits for the general objects set out in clause must not breach of the requirements of such entitlement. 4.2 Specific Objects Without limiting the general objects set out under clause 4.1.1, the specific objects of the Foundation are: to attract and retain for the Foundation the continuing interest and financial support of members of the public; to solicit donations, gifts, bequests and other forms of financial assistance to or for the Objects; to widen knowledge and understanding of the Foundation, its activities, needs and objectives among the public; to raise money from the public and establish and administer trusts and funds for the purpose of attaining the Objects or any of them; and to do all things as are incidental or conducive to the attainment of the Objects or any of them or to the preservation, development and improvement of the standards, facilities and well being of the Foundation. 5. APPLICATION OF FOUNDATION INCOME 5.1 Trustees to Apply Income The Trustees may, to the exclusion of any other persons, apply any income of the Foundation. 5.2 Income to be Applied Exclusively for Objects The Trustees must apply all income of the Foundation exclusively for: the purpose of the Objects; and the payment of any costs and expenses in respect of the management of the Foundation or the execution of any of the trusts or powers of this Deed. 5.3 Costs of Management of Foundation The Trustees must pay all costs and expenses in respect of the management of the Foundation or the execution of any of the trusts or powers of this Deed.
9 5 5.4 Trustee's Discretion regarding Income The Trustees may in their absolute discretion: elect whether to pay or apply any income of the Foundation in the year of its receipt; pay or apply any income at any time; hold and carry forward income for subsequent payment or application; or add income to the capital of the Foundation. 5.5 Power to Retain in Original Form The Trustees may: retain any gift or part of a gift in its original form without selling or converting the gifts into money; and in their absolute discretion at any time sell, exchange, realise, call in, convert or otherwise deal with any real or personal property comprising or forming part of the Foundation in any manner as if the Trustee held the property on trust for sale. 6. APPOINTMENT AND REMOVAL OF TRUSTEES 6.1 Number of Trustees The Trustees must be: a body corporate whose board of Directors is compr ised of a majority of Public Persons; or natural persons not less than three and not more than seven in number, the majority of whom are Public Persons If at any time the requirement in clause is not met, the Trustees must not exercise any discretion or power until the requirement is met except: 6.2 Original Trustee for the purpose of exercising a power to appoint a new Trustee; or to protect the Foundation in the case of emergency. The Original Trustee, which has been selected by the Founder to be the original trustee of the Foundation, will be the first Trustee of the Foundation until it retires, is removed, vacates office or retires.
10 6 6.3 Appointment and Removal of Trustees Subject to clauses 6.4 and 6.5, the Trustees may: appoint a new Trustee in addition to the Trustees at any time; remove any Trustee; and appoint any person as a Trustee in place of any Trustee who dies or is removed under clause 6.3.2, or otherwise ceases to be a Trustee. 6.4 Public Persons The majority of Trustees must be Public Persons. 6.5 Composition of Trustees The Trustees must obtain the prior written approval of auda before appointing any person as a Trustee. 6.6 Certificate by Chairperson of Trustees A certificate signed by the chairperson of Trustees, or if the Trustee is a body corporate, by the secretary of the body corporate that the person named in the certificate has been appointed a Trustee or removed as a Trustee is conclusive evidence that the person has been properly appointed or removed. 6.7 Resignation of a Trustee A Trustee being a body corporate may resign from office at any time provided that at the same time it appoints replacement Trustees A Trustee who is a natural person may resign from office at any time by giving notice in writing to the other Trustees, provided that if the number of Trustees falls below three, the Trustee wishing to resign may not resign until a new Trustee has been appointed as a replacement. 6.8 Vacation of Office of Trustee A Trustee will be deemed to have vacated office: if being a natural person: the Trustee resides permanently outside Australia; if the Trustee refuses to act or becomes permanently incapable of acting because of chronic illness or mental infirmity or dies; if the Trustee suffers an Insolvency Event; or the Trustee does not attend two consecutive meetings of Trustees, without the consent of the majority of other Trustees; if being a body corporate, the Trustee suffers an Insolvency Event.
11 7 6.9 Transfer of Investment on Change of Trustees On a change of Trustees, the retiring Trustee must execute all transfers, deeds or other documents necessary to transfer investments or money into the name of the new Trustee or Trustees. 7. MEETINGS AND ACTIONS OF TRUSTEES 7.1 General The Trustees may meet together for the dispatch of business, adjourn and otherwise regulate their meetings and proceedings as they think fit, provided however that: they must meet at least four times every year; and a chairperson elected annually by: 7.2 Quorum the board of Directors if the Trustee is a body corporate; or the Trustees if they are comprised of natural persons, must chair any meeting of Trustees. An alternate chairperson can be elected for any particular meeting of Trustees if the elected chairperson is unable to attend the meeting or is otherwise absent. A quorum for the purpose of any meeting of Trustees will be: if the Trustee is a body corporate, a majority of the board of Directors; and if the Trustees are natural persons, a majority of Trustees. 7.3 Act Jointly The Trustees must act jointly if they are more than one person The Trustees may in writing delegate the exercise of all or any of the powers or discretions contained in this Deed on the Trustee (including, without limitation, a delegation to any committee appointed by the Trustees, or to any member of the public co-opted by the Trustees to assist the Trustees in performing their duties under the Deed) and execute any Power of Attorney or other instrument necessary to effectuate such purpose. 7.4 Taking Action Except as provided otherwise, any exercise by the Trustees of any power, discretion or authority conferred on the Trustees by this Deed may be made: if the Trustee is a body corporate: in writing signed by all the Directors for the time being who are in the Commonwealth of Australia (not being less than the quorum for a meeting) and such resolution may consist
12 8 as several documents in like form, each signed by one or more of the Directors; or by a resolution duly passed by a majority of the Directors at a meeting of Directors; and if the Trustees are natural persons: 7.5 Minutes etc. 8. INVESTMENTS in writing signed by all the Trustees for the time being who are in the Commonwealth of Australia (not being less than the quorum for a meeting) and such resolution may consist as several documents in like form, each signed by one or more of the Trustees; or by a resolution duly passed by a majority of the Trustees at a meeting of Trustees. The Trustees must cause proper minutes of all resolutions and meetings to be kept and entered into a book for those purposes. Any minutes purporting to be signed by the chairperson of any meeting will be considered to be prima facie evidence of the matters stated in such minutes. 8.1 Authorised Investments The Trustees must ensure that all investments of the Foundation are confined at all times to any investments which constitute Authorised Investments. 8.2 Power to Vary Investment The Trustees may sell, vary or transpose its investments or securities at any time. 8.3 Conflict of Interest No part of the capital or income of the Foundation may be lent to a Trustee or lent to or deposited with any private company in which a Trustee owns a substantial portion of the capital, or in any manner if any Trustee may directly or indirectly derive pecuniary benefit other than as a shareholder, director or employee in a corporation listed on a recognised stock exchange or in a subsidiary of the corporation. 8.4 Investment in Land If any part of the assets of the Foundation comprise land, then the Trustees may manage, use, let, build, develop, improve, repair, demolish, maintain, insure, make allowances and arrangements with tenants, subdivide (and do all things they consider desirable) grant or acquire easements or other rights and generally deal with or join in dealing with any of the property at its absolute discretion as if beneficially entitled to it.
13 9 8.5 No Responsibility for Loss 9. ENGAGEMENTS The Trustees are not responsible for any loss suffered by the Foundation as a result of the exercise of the Trustees' powers under clause 8.4. For the purposes of carrying out all or any of the trusts and powers contained in this Deed, the Trustees may hire, engage or employ the services of professionally qualified persons and specialists (including stock brokers, bankers, accountants, solicitors, architects and surveyors) and managers, secretaries, clerks or any other persons who are appropriate in the opinion of the Trustees and may remunerate them out of the capital or income of the Foundation. 10. PATRON OF THE FOUNDATION The Trustees may appoint a patron of the Foundation at any time for the purposes of furthering the Objects, subject to any terms and conditions they determine. 11. TRUSTEES' REMUNERATION 11.1 Payment of Trustees' Expenses Without affecting any other rights and obligations conferred on the Trustees under this Deed, the Trustees may pay to the Trustees out of the capital or income of the Foundation all out-of-pocket expenses incurred by the Trustees in respect of any matters arising from this Deed including, but not limited to, interest on any credit accommodation provided by the Trustee for the Foundation No Other Payment to Trustees The Trustees are not entitled to any remuneration for acting as trustee, except for the reimbursement specified in clause ACCOUNTS AND AUDIT 12.1 Bank Accounts The Trustees must ensure that a Foundation Bank Account is opened and operated with a reputable bank in Australia at all times from the Commencement Date Record of Receipts The Trustee must keep complete and accurate records of all receipts on account of the Foundation Accounting Report Promptly after the close of each accounting period, the Trustees must prepare a written accounting report (prepared in accordance with the accounting practices and standards generally accepted in Australia) for that accounting period consisting of: a balance sheet and statement of income and expenditure; and
14 a list of assets and liabilities at the close of that accounting period Maintain Accounts The Trustees must ensure that accounts are kept as the Trustee think fit showing all receipts, payments, assets and liabilities of the Foundation and all other matters necessary for showing the financial position of the Foundation Accounts to be Audited The Trustee must at the expense of the Foundation ensure that the accounts of the Foundation are to be audited annually by the Auditor Inspection of Books of Account The respective books of account must be: kept at the office of the Trustees or at such other place in Australia as the Trustees agree at any time; and open to the inspection of the Trustees and the Auditor of the Foundation Assist Auditor The Trustees must provide on request by the Auditor, information, accounts, and explanations as may be necessary for the performance of any duty of the Auditor of the Foundation Annual Public Report The Trustees must prepare and make available to the public within four months of the end of the Foundation's financial year a report containing the following information: audited financial statements year comprising: a statement of income and expenditure for the year; a balance sheet as at the end of the year; and a list of assets and liabilities as at the end of the year; and a Trustees' report compris ing: a review of the Foundation's operations and principal activities for the year; details of the application of the Foundation's income to further the Objects for the year, including the name of each recipient of a Grant and the amount and purpose of such Grant; and details of any reports published during the year by the Foundation or by any person arising out of a Grant.
15 GIFTS RECEIVED BY THE FOUNDATION 13.1 Deposit of All Money Subject to clause , the Trustees must ensure that all money belonging to the Foundation received by the Trustees or any other person is deposited (together with any accrued interests) as soon as practicable within 30 days from the date of receiving the money, into the Foundation Bank Account The Trustees must only accept and deposit into the Foundation Bank Account any money or property which is a gift to the Foundation for the Objects, or which is received by the Trustee because of such a gift including, without limitation, interest received on any monies invested by the Foundation Issue of Receipts The Trustees must ensure that if any person makes any gifts or contributions to the Foundation and the Foundation is entitled to receive gifts which are deductible by the donor under Division 30 of the Act, a receipt in the name of the Foundation must be issued to that person in accordance with the requirements of Subdivision 30-CA of the Act. 14. CAPITAL VALUE OF THE FOUNDATION 14.1 Annual Calculation of Capital Value The Trustees will calculate the Capital Value of the Foundation annually on the Balance Date each year during the continuance of the Foundation Market Value The Capital Value of the Foundation will be the net market value of the investments calculated as follows The market value of all investments made by the other assets owned by the Foundation as at the Balance Date each year (Market Value) The following must then be added to the Market Value: all distributions or dividends received in respect of investments made; all interest received by the Balance Date; and all other income earned received or appropriated as at the Balance date The following must then be deducted from the Market Value after the additions in clause : any money borrowed for the purposes of the Foundation and not yet repaid including any interest; and
16 such amounts as the Trustees think necessary or desirable to provide for all outgoings and liabilities accrued or contingent. 15. TRUSTEES' POWERS, RESPONSIBILITIES AND INDEMNITIES 15.1 No Liability for Loss The Trustees will not be liable for any loss which may be sustained by the Foundation unless that loss is caused by the Trustees' own deceit, neglect or default Indemnity The Trustees must be indemnified out of the Foundation from and against any expense and liability that may be incurred in prosecuting or defending any action or suit in respect of the provisions of the Deed except to the extent that any such expense or liability is attributable to the Trustees' own deceit, neglect or default Not Responsible for Loss The Trustees are not responsible for any loss incurred as a result of any act, deceit, neglect, mistake or default except to the extent that the loss is attributable to the Trustees' own deceit, neglect or default No Liability for Future Laws The Trustees will not incur any liability to anyone in respect of doing or performing or failing to do or perform any act or thing which, by reason of any provision of any present or future law of any place or of any decree, order or judgement of any court of competent jurisdiction the Trustees are required to do or perform or are hindered, prevented or forbidden from doing or performing No Liability for Taxes Paid The Trustees will not be liable to account to anyone for any payments made by the Trustees in good faith to any duly empowered fiscal authority for taxes, imposts or other charges made upon or in respect of the Foundation or with respect to any transaction under this Deed notwithstanding that any such payment ought or need not have been made, except to the extent that such payment may be attributable to the Trustees' own neglect or default Act on Advice The Trustees may act upon the opinion or advice obtained from barristers or solicitors of the Trustees and instructed by the Trustees and upon any advice obtained from any bankers, accountants, stock brokers, valuers or other persons consulted by the Trustees and being an expert in relation to the matters upon which they are consulted, and the Trustees are not liable for any loss arising from anything done or suffered by it in good faith in reliance upon any such opinion or advice except to the extent that such loss may be attributable to the Trustees' own neglect or default.
17 Fiduciary Capacity The powers given to the Trustees are exercisable by them only in a fiduciary capacity in furtherance of the public charitable purposes of the Foundation as set out in the Deed and not otherwise Absolute Discretion The Trustees, as regards all the trusts, powers authorities and discretions vested in them by this Deed have absolute and uncontrolled discretion as to the exercise of them, whether in relation to the manner or as to the mode of and time for the exercise of them, except as expressly provided in this Deed Payment out of Foundation Only In no event will the Trustees be bound to make any payment to persons entitled under this Deed except out of the Foundation or be liable to persons entitled under this Deed to any greater extent than the assets cash and other property vested in or received by the Trustees in accordance with this Deed, except in the case of fraud or of dishonesty or unless the Trustees fail to show the degree of care and diligence required of a trustee having regard to the powers, authorities and discretions conferred on the Trustees by this Deed No Separate Accounts The Trustees are not bound to make any apportionment of or keep separate accounts in respect of the Foundation and the Trustees must hold the whole of the Foundation for the time being as one Foundation on the trusts contained in this Deed Management of Foundation The Trustees will manage the Foundation and in addition to and without limiting the Trustees' powers previously specified in this Deed, the Trustees have the following powers: generally to manage the real and personal property of the Foundation; to open and operate such bank and other accounts as the Trustees thinks fit; to vary, alter, transpose or reinvest any of the investments authorised under this Deed; to institute and defend proceedings at law to proceed to the final end and determination of such proceedings or compromise such proceedings; to compromise and settle all matters arising in relation to the Foundation or the trusts of this Deed; to permit any asset of the Foundation to be held or registered in the name of any nominee of the Trustees and to deposit securities belonging to or related to the Foundation with any bank or solicitor; to determine in their absolute discretion that any deduction or rebate available to the Trustees for the purpose of income or capital taxes may
18 ALTERATIONS be treated as an amount received or derived or an expense incurred by the Foundation even if for the purposes of trust law no amount would have been received or derived nor expense incurred; to determine in their absolute discretion whether a particular amount received or derived or expense incurred (including an amount deemed to have been received or derived or an expense deemed to have been incurred pursuant to clause by the Trustees), should be allocated to corpus or income having regard to the way such amount received or derived or expense incurred may be treated for the purpose of income or capital taxes (if any) payable by the Trustees even if such amounts may for the purposes of trust law be of an income or capital nature; to raise and borrow money either with or without security or secured by mortgage or charge over all or any part of the Foundation; and generally to do all such other lawful acts and things as are incidental or conducive to the Objects Alteration of Deed Subject to clause 16.3, the Trustees may at any time by Supplemental Deed alter, amend, vary, replace or add to any of the provisions of this Deed Notify Australian Taxation Office The Trustees must notify the Australian Taxation Office of any alterations made under clause Limited Nature of Amendment 17. TERMINATION Any alteration, amendment variation replacement or addition to this Deed under clause 16.1 must not allow the expenditure of any funds which are part of the assets of the Foundation for any purpose other than for the carrying out of the Objects, or free the Trustees from the limitations imposed by clauses 3, 6.1, 6.4, 6.5, 6.7, 7, 8.1 and Termination of Foundation If the Trustees determine that the Foundation has become impracticable or that it is inexpedient to carry on the Foundation or that this Deed has failed to accomplish its intention and purposes, the Trustees may by resolution determine the Foundation on and from the termination date specified in such resolution Dealing with Assets of Foundation on Termination On the determination of the Foundation, all the assets of the Foundation: must be applied to satisfy any debts and liabilities of the Foundation; and must be given or transferred to some other fund, authority, or institution:
19 selected by the Trustees; and which has objects similar to the Objects; and if the Foundation is entitled to receive gifts which are deductible by the donor under Division 30 of the Act, which is also entitled to receive such gifts. 18. GENERAL 18.1 Decision of Trustees Conclusive If any questions arise to the construction or meaning of this Deed, the decision of the Trustees on that question will be conclusive and binding Entire Understanding This Deed contains the entire understanding as to the subject matter contained in it. All previous agreements, representations, warranties, explanations and commitments, expressed or implied, affecting this subject matter are superseded by this Deed and have no effect Further Assurance Each party must promptly execute and deliver all documents and take all other action necessary or desirable to effect, perfect or complete the transactions contemplated by this Deed Waiver and Exercise of Rights 19. NOTICES A single or partial exercise or waiver of a right relating to this Deed does not prevent any other exercise of that right or the exercise of any other right No party will be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right Service of Notice A notice or other communication required or permitted, under this Deed, to be served on a person must be in writing and may be served: personally on the person; by leaving it at the person's current address for service; by posting it by prepaid post addressed to that person at the person's current address for service; or by facsimile to the person's current number for service.
20 Particulars for Service The particulars for service of the Founder and the Trustees are specified in the Schedule Any party may change the address or facsimile number for service by giving notice to the other parties Time of Service 20. INTERPRETATION A notice or other communication is deemed served: if served personally or left at the person's address, upon service; if posted within Australia to an Australian address, three Business Days after posting and in any other case, seven Business Days after posting; if served by facsimile, subject to the next sub-clause, at the time indicated on the transmission report produced by the sender's facsimile machine indicating that the facsimile was sent in its entirety to the addressee's facsimile; and if received after 6 pm in the place of receipt or on a day which is not a Business Day, at 9 am on the next Business Day Governing Law and Jurisdiction This Deed is governed by and is to be construed in accordance with the laws of Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and waives any right to object to proceedings being brought in those courts Persons In this Deed, a reference to: a person includes a firm, partnership, joint venture, association, corporation or other corporate body; a person includes the legal personal representatives, successors and permitted assigns of that person; and any body which no longer exists or has been reconstituted, renamed, replaced or whose powers or functions have been removed or transferred to another body or agency, is a reference to the body which most closely serves the purposes or objects of the first-mentioned body Joint and Several If a party consists of more than one person, this Deed binds them jointly and each of them severally.
21 Legislation In this Deed, a reference to a statute includes regulations under it and consolidations, amendments, re-enactments or replacements of any of them This Document, Clauses and Headings In this Deed: a reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties; a reference to a clause, schedule or appendix is a reference to a clause, schedule or appendix in or to this Deed; a reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form; and headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this Deed Severance If a provision in this Deed is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable If it is not possible to read down a provision as required in this clause, that provision is severable without affecting the validity or enforceability of the remaining part of that provision or the other provisions in this Deed Counterparts This Deed may be executed in any number of counterparts all of which taken together constitute one instrument Number and Gender In this Deed, a reference to: the singular includes the plural and vice versa; and a gender includes the other genders. EXECUTED by the Founder and the Original Trustee on the Commencement Date.
22 18 SIGNED SEALED AND DELIVERED by GREGORY RICHARD WATSON in the presence of: ) ) ) )... Witness Signature... Witness Name SIGNED SEALED AND DELIVERED by auda FOUNDATION TRUSTEE COMPANY PTY LTD ACN ### in accordance with the Corporations Act 2001: ) ) ) )... Director... Director/Company Secretary
23 19 Schedule PARTICULARS OF SERVICE Name: Gregory Richard Watson Facsimile No: Address: 107 Faraday Street, Carlton, Victoria, 3053 Name: auda Foundation Pty Ltd Fax: Address: 107 Faraday Street, Carlton, Victoria, 3053
Constitution of Mercer Investment Nominees Limited
Constitution of Mercer Investment Nominees Limited Contents Preliminary... 1 1. Definitions... 1 2. Interpretation... 2 3. Application of Corporations Act... 2 Securities... 2 4. Issue of securities...
More informationElectro Optic Systems Holdings Limited Share Plan Trust
Electro Optic Systems Holdings Limited Share Plan Trust Trust Deed Electro Optic Systems Holdings Limited (Company) Electro Optic Systems Holdings Limited (Trustee) Level 40 Governor Macquarie Tower 1
More informationEXECUTIVE SHARE PLAN
EXECUTIVE SHARE PLAN Trust Deed EXECUTIVE SHARE PLAN Table of contents 1. PURPOSE 1 2. DEFINITIONS 1 3. OPERATION OF THE PLAN 3 4. HOW THE PLAN WORKS 4 5. LIMITATIONS ON INDIVIDUAL PARTICIPATION IN THE
More informationCOMMONWEALTH BANK OFFICERS SUPERANNUATION CORPORATION PTY LIMITED
"A" Corporations Law MEMORANDUM AND ARTICLES OF ASSOCIATION COMMONWEALTH BANK OFFICERS SUPERANNUATION CORPORATION PTY LIMITED A Company Limited by Shares Australian Capital Territory Corporations Law A
More informationNORTHERN AUSTRALIAN ABORIGINAL CHARITABLE TRUST DEED OF SETTLEMENT OF TRUST
NORTHERN AUSTRALIAN ABORIGINAL CHARITABLE TRUST DEED OF SETTLEMENT OF TRUST DELOITTE LAWYERS PTY LTD Level 14, 550 Bourke St Melbourne Victoria 3000 AUSTRALIA Telephone (03 9671 7000 Facsimile (03 9691
More informationConstitution of. ANZ Staff Superannuation (Australia) Pty Limited ACN Special Resolution dated 9 February 2015
Constitution of ANZ Staff Superannuation (Australia) Pty Limited ACN 006 680 664 Constitution adopted by the Company s Shareholder(s) by Special Resolution dated 9 February 2015 Company Secretary s Office
More informationParties Lions Club of Incorporated or Lions Club Incorporated (Settlor) [Full name] of [town], [occupation]
DRAFT TRUST DEED Parties Background Operative provisions 1 Definitions and construction 2 Establishment of the Trust 3 Name of Trust 4 Objects and purposes of the Trust 5 Trusts of Income and Capital Income
More informationIRESS Limited Equity Plans
IRESS Limited Equity Plans Trust Deed Including amendments up to 30 June 2013 11117228_1 IRESS Limited Equity Plans Contents Details 1 General terms 2 1 Definitions and interpretation 2 1.1 Definitions
More informationDEED OF TRUST TECT CHARITABLE TRUST
DATED 27 March 2002 DEED OF TRUST establishing the TECT CHARITABLE TRUST Updated 21 August 2015 TAURANGA, NEW ZEALAND TABLE OF CONTENTS 1. DEFINITIONS AND CONSTRUCTION... 1 2. NAME OF TRUST... 4 3. DECLARATION
More informationConstitution. Colonial Mutual Superannuation Pty Ltd ACN :
Constitution Colonial Mutual Superannuation Pty Ltd ACN 006 831 983 3006447: 596778 Table of Contents 1 Definitions and Interpretation 1 1.1 Definitions 1 1.2 Interpretation 1 1.3 Replaceable Rules 2 2
More informationCONSOLIDATED TRUST DEED FOR SUNSUPER PTY LTD AS TRUSTEE FOR SUNSUPER SUPERANNUATION FUND
CONSOLIDATED TRUST DEED FOR SUNSUPER PTY LTD AS TRUSTEE FOR SUNSUPER SUPERANNUATION FUND SUNSUPER PTY LTD ABN 88 010 720 840 SUNSUPER SUPERANNUATION FUND CONSOLIDATED TRUST DEED Consolidated to 20 April
More informationSample Only, Subject to Copyright Corporations Act 2001 A Company Limited by Shares
Corporations Act 2001 A Company Limited by Shares Constitution of Sample Standard Company Pty Ltd Copyright Smartcorp Copyright in this document belongs to Smartcorp. No part of this document may be copied
More information[Date] POLAR CAPITAL TECHNOLOGY TRUST PLC. - and - [name] DEED OF INDEMNITY
[Date] POLAR CAPITAL TECHNOLOGY TRUST PLC - and - [name] DEED OF INDEMNITY Herbert Smith LLP Exchange House Primrose Street London EC2A 2HS 1 THIS DEED is made on the [date] day of [year]. BETWEEN (1)
More informationBank of Queensland Limited ACN Constitution of Bank of Queensland Limited
Bank of Queensland Limited ACN 009 656 740 Constitution of Bank of Queensland Limited Contents Preliminary... 1 1. Definitions... 1 2. Interpretation... 3 3. Application of Applicable Law... 3 4. Enforcement...
More informationINVESTMENT MANAGEMENT AGREEMENT
(1) BKI INVESTMENT COMPANY LIMITED (ACN 106 719 868) - and (2) CONTACT ASSET MANAGEMENT PTY LIMITED (ACN 614 316 595) INVESTMENT MANAGEMENT AGREEMENT September 2016 CONTENTS 1. APPOINTMENT OF MANAGER...1
More informationCAPITAL FUNDING AGREEMENT
CAPITAL FUNDING AGREEMENT between State of Queensland (through Department of Communities, Child Safety and Disability Services, Child Safety and Disability Services) and Org Id: For
More informationLease Terms and Conditions
Lease Terms and Conditions Lease Provisions 1 Entering into this agreement This agreement commences when you and we have signed this agreement. 2 Delivery You must obtain the goods and have them delivered
More informationXenith IP Group Limited Exempt Share Plan
Exempt Share Plan Plan Rules Ref MP::553142 Level 21, Westpac House, 91 King William Street, Adelaide SA 5000 Australia GPO Box 286, Adelaide SA 5001 Australia Telephone +61 8 8205 0800 Facsimile 1300
More informationConstitution of Becton Industrial Fund
Constitution of Becton Industrial Fund Contents Table of contents The deed 1 Operative part 2 1 Definitions and interpretation 2 1.1 Definitions...2 1.2 Interpretation...10 2 The Trust 11 2.1 Establishment
More informationConstitution of. OnePath Custodians Pty Limited ACN
Constitution of OnePath Custodians Pty Limited ACN 008 508 496 Constitution adopted by the Company s Shareholder(s) by Special Resolution dated 13 March 2018 Company Secretary s Office ANZ Centre Melbourne,
More informationTHE RURAL AND INDUSTRIES BANK OF WESTERN AUSTRALIA ACT 1987
WESTERN AUSTRALIA THE RURAL AND INDUSTRIES BANK OF WESTERN AUSTRALIA ACT 1987 (No. 83 of 1987) ARRANGEMENT Section 1. Short title 2. Commencement 3. Interpretation PART I PRELIMINARY PART II CONSTITUTION
More informationThis Deed of Guarantee and Indemnity
This Deed of Guarantee and Indemnity Is given by Guarantor: (guarantor) (insert name(s) of guarantor(s) if appropriate as trustees of ) In favour of TSB Bank Limited Notice address: TSB Centre, 120 Devon
More informationSUPERLIFE UK PENSION TRANSFER SCHEME TRUST DEED
Dated 18 August 2017 SUPERLIFE UK PENSION TRANSFER SCHEME TRUST DEED SMARTSHARES LIMITED PUBLIC TRUST CONTENTS 1. DEFINITIONS... 2 2. INTERPRETATION... 6 3. CONSTITUTION OF THE SCHEME... 7 4. CONTINUATION
More informationEclipx Group Limited. Constitution
Eclipx Group Limited Constitution Date approved: 26 March 2015 Table of Contents Preliminary... 5 1. Definitions... 5 2. Interpretation... 6 3. Application of Applicable Law... 7 4. Enforcement... 7 Capital...
More informationGWYNEDD ARCHAEOLOGICAL TRUST LIMITED
Company number: 01180515 Charity number: 508849 The Companies Act 2006 COMPANY LIMITED BY GUARANTEE AND NOT HAVING A SHARE CAPITAL Memorandum and Articles of Association of GWYNEDD ARCHAEOLOGICAL TRUST
More informationSupplemental Deed Poll
Supplemental Deed Poll 360 Capital Industrial Fund ARSN 099 680 252 360 Capital Investment Management Limited ACN 133 363 185 Clayton Utz Lawyers Level 15, 1 Bligh Street Sydney NSW 2000 Australia PO Box
More informationDraft dated 9 January Deed of Trust. relating to
Draft dated 9 January 2018 Deed of Trust relating to Arthritis New Zealand (Kaiponapona Aotearoa) Date AUCKLAND VERO CENTRE, 48 SHORTLAND STREET PO BOX 4199, AUCKLAND 1140, DX CP20509, NEW ZEALAND TEL
More informationJan Pentland Foundation Trust Deed Details
Jan Pentland Foundation Trust Deed Details Interpretation definitions are at the end of the General terms Parties Founder, Trustee Founder Name Peter John Gartlan Address 181 Ainsworth Avenue, Chum Creek
More informationSuperannuation Trust Deed. Establishing the. «Fund_Name» «Deed_of_Establishment_Date_App_Receiv»
Superannuation Trust Deed Establishing the «Fund_Name» «Deed_of_Establishment_Date_App_Receiv» PERPETUAL SUPERANNUATION LIMITED ("TRUSTEE") PERPETUAL SUPERANNUATION LIMITED (ABN 84 008 416 831) Business
More informationMASTER RENTAL SERVICE AGREEMENT
MASTER RENTAL SERVICE AGREEMENT PARTIES: 1. AVEM QUIRKS PTY LTD (A.C.N 005 705 493) 2. One or more Renters may request Owner to acquire goods (the goods) and to rent the goods to those Renters. This Master
More informationFor personal use only
Share Acquisition Plan Rules WiseTech Global Limited ACN 065 894 724 Clayton Utz Lawyers Level 15 1 Bligh Street Sydney NSW 2000 GPO Box 9806 Sydney NSW 2001 Tel + 61 2 9353 4000 Fax + 61 2 8220 6700 www.claytonutz.com
More informationLloyd's Australian Trust Deed. This Deed of Trust. 1 Definitions and Interpretation
This Deed of Trust is made on 6 June 2000 between the following parties: 1. Lloyd's, the Society incorporated under Lloyd's Act (UK) 1871 having its principal office at One Lime Street, London, England
More informationCNH INDUSTRIAL CAPITAL AUSTRALIA PTY LIMITED LOAN AND MORTGAGE TERMS AND CONDITIONS. 1. Offer and Acceptance. 4. Interest Charges. 5.
CNH INDUSTRIAL CAPITAL AUSTRALIA PTY LIMITED LOAN AND MORTGAGE TERMS AND CONDITIONS This Loan and Mortgage Agreement comprises the Loan and Mortgage Schedule and these Terms and Conditions made on the
More informationRULES OF CAPRICORN MUTUAL LIMITED
RULES OF CAPRICORN MUTUAL LIMITED These Rules are dated 15 November 2012 issued by: Capricorn Mutual Limited ABN 24 104 601 194 AFS Licensee No 230038 34 Welshpool Rd Welshpool WA 6106 Postal: PO Box 656
More informationWORKING COPY ONLY. Colonial Mutual Superannuation Pty Limited ( Trustee ) The Colonial Mutual Life Assurance Society Limited ( Insurer )
WORKING COPY ONLY COLONIAL SUPER RETIREMENT FUND DEED Colonial Mutual Superannuation Pty Limited ( Trustee ) The Colonial Mutual Life Assurance Society Limited ( Insurer ) Original Deed Dated 1 May 1993
More informationConstitution. 3P Learning Limited (ACN ) ( Company ) A public company limited by shares
3P Learning Limited (ACN 103 827 836) ( Company ) A public company limited by shares Adopted on Contents General terms 1 1 Interpretation 1 1.1 Definitions 1 1.2 Interpretation 2 1.3 Corporations Act 3
More informationASX ANNOUNCEMENT. 16 November 2017 NEW CONSTITUTION
ASX ANNOUNCEMENT 16 November 2017 NEW CONSTITUTION Please see attached a copy of the new Ramsay Health Care Limited Constitution adopted by shareholders at the 2017 Annual General Meeting held earlier
More informationConstitution. SEEK Limited (ACN ) ( Company ) A public company limited by shares
Constitution SEEK Limited (ACN 080 075 314) ( Company ) A public company limited by shares Adopted on Constitution Contents 1 Interpretation 1 1.1 Definitions 1 1.2 Interpretation 2 1.3 Corporations Act
More informationWestpac NZD Subordinated Notes Master Deed Poll
Westpac NZD Subordinated Notes Master Deed Poll Dated 25 July, 2016 Westpac Banking Corporation (ABN 33 007 457 141) Westpac NZD Subordinated Notes are not (i) deposits with, nor deposit liabilities of,
More informationFor personal use only
Japara Healthcare Limited PO Box 16082, Collins Street West VIC 8007 Q1 Building Level 4, 1 Southbank Boulevard, Southbank VIC 3006 Telephone 03 9649 2100 Facsimile 03 9649 2129 www.japarahealthcare.com.au
More informationASX Announcement. New Constitution. 16 November 2017
ASX Announcement 16 November 2017 New Constitution The Company is pleased to release (as attached) our new Constitution that was approved yesterday at the Company s Annual General Meeting. For more information:
More informationResidential Mortgage. Mortgage Memorandum Memorandum number 2007/4241
Residential Mortgage These are the terms and conditions which form part of your mortgage. As this is an important document, please store it in a safe place. Mortgage Memorandum 0100 Memorandum number 2007/4241
More informationDeed of Variation to the Transport Industry Superannuation Fund
Waterfront Place 1 Eagle Street Brisbane QLD 4000 GPO Box 9925 QLD 4001 Tel (07) 3228 9333 Fax (07) 3228 9444 www.corrs.com.au CORRS CHAMBERS WESTGARTH lawyers Sydney Melbourne Brisbane Perth Canberra
More informationCUSTOMER CREDIT APPLICATION FOR TRADE ACCOUNT CORP-FIN-CON-005 Standard Credit Terms and Application Form
CUSTOMER CREDIT APPLICATION FOR TRADE ACCOUNT CORP-FIN-CON-005 Standard Credit Terms and Application Form Section 1 Applicant details Name (Company name / Partnership/Sole Trader) Trust Name (if a Trust)
More informationCNH INDUSTRIAL CAPITAL AUSTRALIA PTY LIMITED FINANCE LEASE TERMS AND CONDITIONS
CNH INDUSTRIAL CAPITAL AUSTRALIA PTY LIMITED FINANCE LEASE TERMS AND CONDITIONS This Finance Lease comprises the Goods Schedule and these Terms and Conditions made on the date in the Goods Schedule between
More informationSupplemental Deed Poll
Supplemental Deed Poll 360 Capital Industrial Fund ARSN 099 680 252 360 Capital RE Limited ACN 090 939 192 Clayton Utz Lawyers Level 15, 1 Bligh Street www.claytonutz.com Supplemental Deed Poll made on
More informationNAB EQUITY LENDING. Facility Terms
NAB EQUITY LENDING Facility Terms This document contains important information regarding the terms and conditions which will apply to your NAB Equity Lending Facility. You should read this document carefully
More informationRamsay Health Care Limited (ACN ) Ramsay Health Care Tax-Exempt Employee Share Plan PLAN RULES
Ramsay Health Care Limited (ACN 001 288 768) Ramsay Health Care Tax-Exempt Employee Share Plan PLAN RULES 16 June 2014 Contents 1 Purpose... 3 2 Definitions and interpretation... 3 3 Eligibility and grant...
More informationOdessa Marine Pty Ltd ACN Terms & Conditions of Trade
Odessa Marine Pty Ltd ACN 620 372 474 Terms & Conditions of Trade 1. Definitions and Interpretation 1.1 Unless otherwise specified the following words and phrases have the following meanings in these Terms:
More informationFortescue Metals Group Limited
Policy Salary Sacrifice Share Plan Fortescue Metals Group Limited ABN 57 002 594 872 Contents 1. Definitions and interpretation... 1 1.1 Definitions... 1 1.2 Interpretation... 5 1.3 Heading... 6 1.4 Applicable
More informationPUT AND CALL OPTION DEED. Civic Administration Building Church Street, Dubbo in the State of New South Wales
PUT AND CALL OPTION DEED THIS DEED is made on the day of 201# BETWEEN: DUBBO REGIONAL COUNCIL ABN 53 539 070 928 of : Civic Administration Building Church Street, Dubbo in the State of New South Wales
More informationThe terms and conditions that apply to this deed are set out below and in the covenants after the signature blocks.
DEED OF GUARANTEE AND INDEMNITY Date: 30 April 2016 PARTIES The Guarantor named below (jointly and severally the Guarantor or you ) Bank of China (New Zealand) Limited ( the Lender, we or us ) Background
More informationFor personal use only. Baby Bunting Group Limited Long Term Incentive Plan Plan Rules
Baby Bunting Group Limited Plan Rules CONTENTS CLAUSE PAGE 1. DICTIONARY... 1 1.1 Definitions... 1 1.2 Rules for interpreting this document... 3 2. OBJECT... 3 3. OFFERS UNDER THIS PLAN... 4 3.1 Offers
More informationCOMPANIES ACTS 1985 & 1989 COMPANY LIMITED BY GUARANTEE AND NOT HAVING A SHARE CAPITAL
COMPANIES ACTS 1985 & 1989 COMPANY LIMITED BY GUARANTEE AND NOT HAVING A SHARE CAPITAL MEMORANDUM OF ASSOCIATION OF THE INTERNATIONAL SOCIETY OF ULTRASOUND IN OBSTETRICS AND GYNECOLOGY 1. NAME The name
More informationONE FUNDS MANAGEMENT LIMITED. Sydney Leisure, Gaming and Property Growth Fund (Vauxhall) No. 1
ONE FUNDS MANAGEMENT LIMITED Sydney Leisure, Gaming and Property Growth Fund (Vauxhall) No. 1 Constitution 62 Charlotte St Brisbane Q 4000 GPO Box 1279 Brisbane Q 4001 T +61 7 3831 8999 F +61 7 3831 1121
More informationElders Limited ACN Constitution
Elders Limited ACN 004 336 636 Constitution (as amended by Special Resolution on 17 December 2015) Table of contents Rules Page 1. PRELIMINARY... 1 1.1 Definitions and interpretation... 1 1.2 Application
More informationForm 603. Corporations Act 2001 Section 671B. Notice of initial substantial holder
603 GUIDE page 1/1 13 March 2000 Form 603 Corporations Act 2001 Section 671B Notice of initial substantial holder To Company Name/Scheme nib holdings limited ACN/ARSN 125 633 856 1. Details of substantial
More informationEQUIPMENT FINANCE EQUIPMENT LOAN TERMS AND CONDITIONS
EQUIPMENT FINANCE EQUIPMENT LOAN TERMS AND CONDITIONS Effective date: 27 November 2017 1 Equipment Finance Equipment Loan Rural Bank Limited Level 6, 80 Grenfell Street Adelaide SA 5000 Telephone 1300
More informationEmployee Share Acquisition (Tax Exempt) Plan Plan Rules
Employee Share Acquisition (Tax Exempt) Plan Plan Rules Dated: 29 September 2010 QR National Limited (ACN 146 335 622) 1 1 Operation 1.1 Operation of the Plan These Rules set out the terms and conditions
More informationLIMITED PARTNERSHIP AGREEMENT CRT ENTERPRISES, LP
LIMITED PARTNERSHIP AGREEMENT CRT ENTERPRISES, LP This Limited Partnership Agreement of CRT Enterprises, LP ( The Limited Partnership or The Company ), is entered into and shall be effective as of the
More informationRULES OF DIVISION 3 COMPENSATION ARRANGEMENT
SCHEDULE 9 RULES OF DIVISION 3 COMPENSATION ARRANGEMENT 1. INTRODUCTORY These are the Compensation Rules of the ASX Compensation Arrangement established pursuant to Division 3 of Part 7.5 of the Corporations
More informationInsurance Australia Group Limited ACN CONSTITUTION
Corporations Act 2001 (Cwlth) Insurance Australia Group Limited ACN 090 739 923 CONSTITUTION Mallesons Stephen Jaques Solicitors Governor Phillip Tower 1 Farrer Place Sydney NSW 2000 Phone: (61 2) 9296
More informationSelfco Leasing Rental Terms and Conditions These terms are used by Specialist Equipment Leasing Finance Company Pty Ltd T/AS Selfco Leasing ABN 58 099 591 616 ( we or us ) for Rental Agreements. 1. MEANING
More informationPerformance Right and Share Options Plan
Novita Healthcare Limited ACN 108 150 750 Performance Right and Share Options Plan September 2017 Novita Healthcare Limited Performance Right and Share Options Plan Contents Novita Healthcare Limited 1
More informationCREDIT APPLICATION FORM Q-crete Premix Pty Ltd
CREDIT APPLICATION FORM Q-crete Premix Pty Ltd Q-crete Premix Pty Ltd ABN 63 160 844 173 and its Related Bodies Corporate Q-crete Premix Sales Representative: WARNING: If you do not understand this document,
More informationData#3 Limited Employee Share Ownership Plan
Data#3 Limited Employee Share Ownership Plan Data#3 Limited ACN 010 545 267 To be tabled for shareholder approval at the Annual General Meeting on 14 November 2018 Contents 1. Purpose 3 2. Objects 3 3.
More informationT r u s t D e e d. relating to. Asteron Retirement Savings Plan. Asteron Retirement Investment Limited. Trustee. Asteron Life Limited.
T r u s t D e e d relating to Asteron Retirement Savings Plan Asteron Retirement Investment Limited Trustee and Asteron Life Limited Company Date 25 November 2016 AUCKLAND VERO CENTRE, 48 SHORTLAND STREET
More informationFortescue Metals Group Limited Employee Salary Sacrifice Share Plan
Fortescue Metals Group Limited Employee Salary Sacrifice Share Plan Fortescue Metals Group Limited ABN 57 002 594 872 As approved by the Board of directors of Fortescue Metals Group Limited on 31 May 2011.
More informationData#3 Limited Long Term Incentive Plan
Data#3 Limited Long Term Incentive Plan Data#3 Limited ACN 010 545 267 To be tabled for shareholder approval at the Annual General Meeting on 14 November 2018 Contents 1. Purpose 4 1.1 Name 4 1.2 Objects
More informationAustralianSuper Trust Deed
Trust Deed M:4263680_7 RZJ TABLE OF CONTENTS Schedule 1 GENERAL PROVISIONS... 1 1. Overriding Provision... 1 2. Application, Definitions And Interpretation... 1 3. The Trustee... 11 4. Management of the
More informationExecutive Share Option Plan Rules
SDI Limited ABN: 27 008 075 581 Executive Share Option Plan Rules This document is important and should be read in its entirety. If you do not understand its contents, you should consult your Accountant
More informationNULIS NOMINEES (AUSTRALIA) LIMITED (ABN )
Corporations Act A Company Limited by Shares CONSTITUTION Of NULIS NOMINEES (AUSTRALIA) LIMITED (ABN 80 008 515 633) 1 PRELIMINARY 1.1 Definitions In this Constitution unless the contrary intention appears:
More informationAMP. Trust Deed. AMP Wealth Management New Zealand Limited (Manager) and. The New Zealand Guardian Trust Company Limited (Supervisor) relating to
AMP AMP Wealth Management New Zealand Limited (Manager) and The New Zealand Guardian Trust Company Limited (Supervisor) Trust Deed relating to the Personal Managed Funds AMP Wealth Management New Zealand
More informationSUNCORP GROUP HOLDINGS (NZ) LIMITED SUNCORP GROUP LIMITED CRS NOMINEES LIMITED TRUST DEED CONSTITUTING THE EXEMPT EMPLOYEE SHARE PLAN
SUNCORP GROUP HOLDINGS (NZ) LIMITED SUNCORP GROUP LIMITED CRS NOMINEES LIMITED TRUST DEED CONSTITUTING THE EXEMPT EMPLOYEE SHARE PLAN CONTENTS PARTIES... 1 INTRODUCTION... 1 COVENANTS... 1 1. INTERPRETATION...
More informationAustock Dividend Reinvestment Plan
Austock Dividend Reinvestment Plan Contents Table of contents 1 Definitions and interpretation 2 2 Eligibility to participate 5 3 Application to participate and extent of participation 7 4 Minimum Participating
More informationManagement Contract Terms & Conditions
Management Contract Terms & Conditions NOVATED LEASE TERMS & CONDITIONS OF LEASE MANAGEMENT Management Contract - Terms & Conditions i INDEX 1. EASIFLEET... 1 2. FEES... 1 3. QUOTATION... 1 1. INTERPRETATION...
More informationNEARMAP LIMITED EMPLOYEE SHARE OPTION PLAN
NEARMAP LIMITED EMPLOYEE SHARE OPTION PLAN APPROVED BY SHAREHOLDERS 30 NOVEMBER 2015 GENERAL RULES (RULES 1 14J) 1. Interpretation 1.1 In these Rules: "Application Form" means a duly completed and executed
More informationConsolidated Trust Deed Incorporating: UNISUPER
Consolidated Trust Deed As at 25 November 2017 Incorporating: Deed of Amendment No.41 (amendments to clauses 26A, 32.9 and 33.2 footnoted only due to delayed commencement) Deed of Amendment No.42 Deed
More informationANZ Margin Lending. Terms and Conditions March 2008
ANZ Margin Lending Terms and Conditions March 2008 Contents Margin Lending Agreement Terms 1 Share Mortgage Terms 16 Sponsorship Deed Terms 22 Regular Geared Savings Plan Agreement 27 Options Agreement
More informationMacquarie Torque Facility. Terms and conditions
Macquarie Torque Facility Terms and conditions Macquarie Specialist Investments Macquarie Bank Limited ABN 46 008 583 542 and AFSL 237502 DATED: 5 JULY 2017 Contents 03 Section 1 Option Agreement 06 Section
More informationTHE COMPANIES ACT 2006 A PRIVATE COMPANY LIMITED BY SHARES
THE COMPANIES ACT 2006 A PRIVATE COMPANY LIMITED BY SHARES ARTICLES OF ASSOCIATION OF. LIMITED (the "Company") (Company Number:.. ) (Adopted by special resolution passed on 2017) 1. Interpretation 1.1.
More informationCOMMERCIAL LOAN CONTRACT & MORTGAGE TERMS & CONDITIONS
COMMERCIAL LOAN CONTRACT & MORTGAGE TERMS & CONDITIONS www.afs.com.au Legal\109250637.1 Automotive Financial Services Pty Limited ABN 73 003 622 375 Australian credit licence 383762 Staple Here SCHEDULE
More informationFor personal use only
ChimpChange Ltd ACN 150 762 351 1. Name of Plan This document sets out the rules of the ChimpChange Ltd Employee Share and Option Plan. 2. Objectives The is a long term incentive aimed at creating a stronger
More informationWILDHORSE ENERGY LIMITED (ACN (*)) CONSTITUTION
Page 1 of 67 DocId: 022415499 ACN :117 085 748 WILDHORSE ENERGY LIMITED (ACN (*)) CONSTITUTION FAIRWEATHER & LEMONIS BARRISTERS & SOLICITORS LEVEL 9 172 ST GEORGES TERRACE PERTH W A 6000 PHONE: (08) 9420
More informationEQUITY INCENTIVE PLAN RULES
EQUITY INCENTIVE PLAN RULES Kogan.com Limited ACN 612 447 293 Kogan.com Limited Equity Incentive Plan Rules Adopted 8 June 2016 EIP Rules The purpose of this Equity Incentive Plan (EIP EIP) is to allow
More informationConstitution. Ardent Leisure Limited
Ardent Leisure Limited (as adopted by Special Resolution dated 02 November 2010) (as amended by Ordinary Resolution dated 27 October 2011) (as amended by Special Resolution dated 30 October 2012) (as amended
More informationLLOYD S CANADIAN TRUST DEED
CONSOLIDATION FOR REFERENCE ONLY LLOYD S CANADIAN TRUST DEED LLOYD S CANADIAN TRUST DEED (AS AMENDED 21.05.2013) TABLE OF CONTENTS Clause 1 - Direction by the Council 3 Clause 2 - Commencement and interpretation
More informationEmployee Incentive Plan Rules. IPH Limited (ACN ) _3.docx
Employee Incentive Plan Rules IPH Limited (ACN 169 015 838) Table of Contents 1. Definitions and Interpretation... 1 2. Purpose... 5 3. Commencement of the Plan... 5 4. Grants of Awards... 5 5. Dealing
More informationCHARITY LAW ASSOCIATION MODEL MEMORANDUM AND ARTICLES OF ASSOCIATION FOR A CHARITABLE COMPANY. Companies Acts 1985 and 1989
CHARITY LAW ASSOCIATION MODEL MEMORANDUM AND ARTICLES OF ASSOCIATION FOR A CHARITABLE COMPANY Companies Acts 1985 and 1989 Company limited by guarantee MEMORANDUM OF ASSOCIATION OF SOUTH WESTERN FEDERATION
More information) DEED OF TRUST
Acorn Foundation (Updated: Board Approved 28.06.2008 DEED OF TRUST TAURANGA, NEW ZEALAND TABLE OF CONTENTS 1. DEFINITIONS AND CONSTRUCTION... 2 2. NAME... 3 3. OFFICE... 3 4. PURPOSES... 4 5. TRUST FUND...
More informationTERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF SALE 1. DEFINITIONS AND INTERPRETATION 1.1 In these Standard Terms, unless the context or subject matter otherwise requires: (a) Attaches has the meaning given to it in the PPSA;
More informationTerms of Trade. 1 P a g e
These terms shall apply unless other terms are expressly agreed in writing by a duly authorised officer of the Supplier. Terms of Trade 1. APPLICATION (a) The terms in this document ( Conditions ) apply
More informationParties THE TRUSTEES OF RĀTĀ FOUNDATION. (the Trustees) THE MINISTER OF FINANCE. (the Minister) TRUST DEED. Warning
Parties THE TRUSTEES OF RĀTĀ FOUNDATION (the Trustees) THE MINISTER OF FINANCE (the Minister) TRUST DEED Warning This version of the Trust Deed has been compiled to incorporate and reflect all variations
More informationSample Only. Strategist Company Pty Ltd ACN Strategist Sole Purpose SMSF Trustee Company. Reckon Docs Pty Ltd
Strategist Company Pty Ltd ACN 001 002 003 Incorporation Date: 18th August 2009 Strategist Sole Purpose SMSF Trustee Company Prepared for Reckon Docs Pty Ltd Strategist Company Pty Ltd ACN 001 002 003
More informationFortescue Metals Group Limited
Policy Performance Rights Plan Fortescue Metals Group Limited ABN 57 002 594 872 As approved by the shareholders of Fortescue Metals Group Limited on 11 November 2015. Performance Rights Plan Page 2 of
More informationConstitution for the Supervised High Yield Fund. Supervised Investments Australia Limited ABN
for the Supervised High Yield Fund Supervised Investments Australia Limited ABN 45 125 580 305 Table of Contents 1 INTERPRETATION... 2 2 ESTABLISHMENT OF THE TRUST... 9 3 UNITHOLDERS AND RESPONSIBLE ENTITY
More informationFor personal use only
Touchcorp Limited Long Term Incentive Plan Plan Rules Touchcorp Limited Bermudan Company Registration Number 48280 Australian Registered Body Number 603 731 184 Adopted by the Board on 17 February 2014
More informationINTO International Heritage Foundation. Trust Deed
INTO International Heritage Foundation Trust Deed International National Trusts Organisation 20 Grosvenor Gardens, London, SW1W ODH, United Kingdom www.internationaltrusts.org 2 DATE 2 nd June 2012 PARTIES
More informationTrust Deed Propertylink Trust
Trust Deed Trust Deed Propertylink Trust Consolidated Constitution Contents Table of contents Operative part 5 1 Definitions and interpretations 5 1.1 Definitions... 5 1.2 Interpretations... 12 1.3 General
More informationCertificate of confirmation of advice
Buy-to-let mortgages JULY 2018 Corporate Borrower 0345 849 4040 0345 849 4041 btlenquiries@paragonbank.co.uk www.paragonbank.co.uk to Guarantor A term appearing in bold type in this certificate has the
More information