Pershing Financial Services Guide (FSG) including its Privacy Plicy Issued by Pershing Securities Australia Pty Ltd ABN 60 136 184 962 Australian Financial Services License N. 338 264 Date FSG was prepared: 21 May 2015 1. Terms used in this FSG AFSL ASX Brker Australian Financial Services License ASX Limited ABN 98 008 624 691 r the market perated by it, as the cntext requires A Participant f ne r mre Relevant Exchanges which has engaged Pershing t clear transactins executed by the Brker n a Relevant Exchange. Chi-X Chi-X Australia Pty Limited ABN 47 129 584 667 r the market perated by it, as the cntext requires Client Crrespndent ETOs Financial Intermediary FOS FSG IDPS Internatinal Securities Trader MDA PDS Pershing, we, us, ur Pershing Nminees Relevant Clients are cnsidered whlesale r retail as defined under the Crpratins Act. Yur Brker r Financial Intermediary, as the case may be. Exchange Traded Optins An AFSL hlder wh has engaged Pershing t execute and clear transactins n a Relevant Exchange. Financial Ombudsman Service Financial Ombudsman Service Investr Directed Prtfli Services A Pershing grup entity r a third party authrised t prvide securities dealing and/r custdy services n an internatinal market. Managed discretinary accunts, being a service which a Crrespndent may prvide t yu under which yu authrise the Crrespndent t manage an investment prtfli n yur behalf and t make investments decisins in relatin t the prtfli in accrdance with an investment prgram agreed with yu. Prduct Disclsure Statement Pershing Securities Australia Pty Ltd ABN 60 136 184 962; AFSL N. 338 264 Pershing Australia Nminees Pty Ltd ACN 137 911 730, a whlly wned subsidiary f Pershing, r anther nminee cmpany appinted by Pershing ASX r Chi-X r any ther securities Exchange 2. Purpse f this FSG This FSG prvides infrmatin abut: Wh we are; exchange n which Pershing transacts, r the financial markets perated by them (as the cntext requires). What relatinships and assciatins we have; The services we prvide; Hw yu may prvide us with instructins; The remuneratin that may be paid t us r t ther relevant persns fr the services we prvide; The dcuments yu may receive frm us; Hw we handle cmplaints; Yur privacy and hw we use yur persnal infrmatin This FSG has been prepared by Pershing and was prepared n 21 May 2015 t assist yu in deciding whether t use the services we prvide. Yu shuld read it carefully and make sure yu understand it. Tgether with this FSG, yu will have received an FSG frm the Crrespndent. Yu shuld read bth dcuments befre deciding whether t use the services that we prvide. 3. Wh is Pershing? Pershing is licensed under the Crpratins Act (Australian Financial Services License (AFSL) N 338 264) t prvide financial services and is a Trading Participant f ASX, a Participant f Chi-X, a General Participant f ASX Clear Pty Ltd ABN 48 001 314 503 (ASX Clear) and a Settlement Participant f ASX Settlement Pty Ltd ABN 49 008 504 532 (ASX Settlement). Pershing may becme a participant f ther Relevant Exchanges frm time t time. Pershing is a whlly wned subsidiary f Pershing Grup LLC, a Bank f New Yrk Melln Cmpany, headquartered in New Jersey, USA. The Pershing Grup prvide executin, clearing, settlement, custdy and technlgy infrastructure prducts and services t financial services firms and thers servicing the glbal financial services industry. Pershing has authrised the distributin f this FSG. 4. The services ffered by Pershing Pershing is authrised under its AFSL t: a) deal in (including arranging t deal in) the fllwing financial prducts: Securities (such as shares, ptins and warrants that can be traded n a Relevant Exchange); Interests in managed investment schemes (ther than IDPS), such as units in ASX listed trusts; Derivatives, such as ASX Exchange Traded Optins (ETOs); Freign exchange cntracts; and b) prvide a custdial r depsitry scheme service (ther than IDPS), t whlesale and retail clients. Pershing prvides/arranges t prvide executin, clearing, settlement and nminee services. Yu have received a cpy f this FSG because the Crrespndent has arranged fr Pershing t prvide ne r mre f the fllwing services: Pershing Financial Services Guide (FSG) including its Privacy Plicy Page 1
a) Clearing services fr transactins in securities and interests in managed investment schemes executed n a Relevant Exchange Pershing may be engaged by a Brker t clear the transactins in securities and interests in managed investment schemes executed n r facilitated thrugh a Relevant Exchange by the Brker. If yu are a client f ne f thse Brkers and yu effect a transactin in securities r interests in managed investment schemes n a Relevant Exchange thrugh the Brker, Pershing (as clearer) will carry the settlement bligatins in respect f that transactin. Pershing may als settle transactins nt executed n a Relevant Exchange (e.g. primary market transactins r ff market transactins). Fr this purpse, yu will becme a client f Pershing and yu will we yur settlement bligatins in respect f that transactin directly t Pershing and nt t the Brker. If yu are a client f ne f thse Brkers, yu will be prvided with a Disclsure Statement which cntains mre infrmatin cncerning the clearing services Pershing prvides and the terms f yur agreement with Pershing in respect f the thse services. b) Executin and clearing services fr transactins in securities and interests in managed investment schemes executed thrugh a Relevant Exchange Pershing may als be engaged by a Financial Intermediary t prvide t clients f the Financial Intermediary, executin and clearing services in securities and interests in managed investment schemes. This means that Pershing will execute r facilitate the transactin n a Relevant Exchange fr yu and clear and settle thse transactins. Pershing may als settle fr yu transactins nt executed n a Relevant Exchange (e.g. primary market transactins r ff market transactins). As a client f ne f thse Financial Intermediaries, yu may effect a transactin in securities r interests in managed investment schemes n a Relevant Exchange by prviding instructins t the Financial Intermediary. The Financial Intermediary will then, as yur agent, cmmunicate yur instructins t Pershing wh may then execute the transactin n a Relevant Exchange fr yu r facilitate settlement f the transactin. Fr this purpse, yu will becme Pershing s client. In additin, Pershing will als clear all transactins in securities r interests in managed investment schemes that Pershing has executed n yur behalf under this arrangement. Accrdingly, Pershing will carry the settlement bligatins in respect f thse transactins. Fr this purpse, yu will becme a client f Pershing and yu will we yur settlement bligatins in respect f thse transactins directly t Pershing and nt t the Financial Intermediary. If yu are a client n ne f thse Financial Intermediaries, yu will be prvided with a dcument that summarises Pershing's Best Executin Plicy and explains hw we handle and execute yur rders, as required under the ASIC Market Integrity Rules (Cmpetitin in Exchange Markets) 2011. c) Clearing services fr transactins in Exchange Traded Optins executed n ASX Pershing may als be engaged by a Brker t clear the transactins in ETOs executed n ASX by the Brker. If yu are a client f ne f thse Brkers and yu effect a transactin in an ETO n ASX thrugh the Brker, Pershing (as clearer) will carry the settlement bligatins in respect f that transactin. Fr this purpse, yu will becme a client f Pershing and yu will we yur settlement bligatins in respect f that transactin directly t Pershing, nt t the Brker. If yu are a client f ne f thse Brkers, and wish t trade in ETOs n ASX thrugh it, yu will need t enter int a Derivatives 0Client Agreement with Pershing. Yu may als need t enter int a Derivatives Client Agreement with the Brker, and the Brker may be required t give yu a Prduct Disclsure Statement (PDS) in relatin t the ETOs that yu may trade. The PDS will cntain infrmatin cncerning ETOs t assist yu in deciding whether thse prducts are apprpriate fr yur needs. d) Executin and clearing services fr transactins in Exchange Traded Optins executed n ASX Pershing may als be engaged by a Financial Intermediary t prvide t clients f the Financial Intermediary executin and clearing services in ETOs. This means that Pershing will execute transactin in ETOs n ASX fr yu and clear and settle thse transactins. If yu are a client f ne f thse Financial Intermediaries and yu wish t deal in ETOs n ASX, yu may d s by cmmunicating an rder t deal in ETOs t the Financial Intermediary. The Financial Intermediary (as yur agent) will cmmunicate that rder t Pershing wh will execute the transactin n ASX n yur behalf. Fr this purpse, yu will becme a client f Pershing. In additin, Pershing will als clear all transactins in ETOs that are executed by Pershing n yur behalf. Accrdingly, Pershing will carry the settlement bligatins in respect f thse transactins. Fr this purpse, yu will becme a client f Pershing and yu will we yur settlement bligatins in respect f thse transactins directly t Pershing and nt t the Financial Intermediary. If yu are a client f a Financial Intermediary and wish t trade in ETOs n ASX, yu will need t enter int a Derivatives Client Agreement with Pershing. We may als be required t give yu a PDS in relatin t the ETOs that yu may trade. The PDS will cntain infrmatin cncerning ETOs t assist yu in deciding whether thse prducts are apprpriate fr yur needs. The Crrespndent may als be required t give yu a PDS in relatin t the ETOs that yu may trade. e) Clearing services fr transactins in Exchange Traded Optins "given up" t Pershing n ASX Pershing may clear a transactin in ETOs executed n ASX by anther Participant f ASX Grup if the transactin is "given up" t Pershing. If Pershing accepts the "give up" f such a transactin executed fr yu, Pershing will carry the settlement bligatins in respect f that transactin. Fr this purpse, yu will becme a client f Pershing and yu will we yur settlement bligatins in respect f that transactin directly t us and nt t the ther Participant. Befre Pershing can accept the "give up" t it f a transactin in ETO executed fr yu, yu will need t enter int a Derivatives Client Agreement with Pershing. Again, yu may be prvided with a PDS relating t ETOs. f) Executin, clearing and settlement services fr transactins in securities n internatinal markets Pershing may als be engaged by a Crrespndent t arrange executin, clearing and settlement services in securities n internatinal markets fr clients f the Crrespndent. This means that Pershing will arrange fr the executin, clearing and settlement f the transactin with an entity which hlds the apprpriate authrizatin t d s in that market (Internatinal Securities Trader). The Internatinal Securities Trader may be a Pershing grup entity r a third party entity. As a client f ne f thse Crrespndents, yu may effect an internatinal securities transactin n an internatinal market by prviding instructins t the Crrespndent. The Crrespndent, acting as yur agent, will then cmmunicate yur instructins t Pershing wh, in acting fr yu, will cmmunicate them t the Internatinal Securities Trader fr fulfilment thrugh Pershing's Accunt with that Internatinal Securities Trader. Securities traded n yur behalf using Pershing's Accunt will be traded beneficially fr yu by Pershing. Fr this purpse, yu will becme Pershing's client, but nt the client f the Internatinal Securities Trader. Pershing Financial Services Guide (FSG) including its Privacy Plicy Page 2
Pershing will als arrange fr the Internatinal Securities Trader t clear and settle all transactins in securities that it has executed n yur behalf under this arrangement. Accrdingly, Pershing will carry the settlement bligatins in respect f thse transactins. Fr this purpse, yu will becme a client f Pershing and yu will we yur settlement bligatins in respect f thse transactins directly t Pershing and nt t the Crrespndent r the Internatinal Securities Trader. g) Settlement and nminee services - general Pershing may als be engaged by a Crrespndent t prvide t clients f the Crrespndent settlement services in securities and interests in managed investment schemes. This means that Pershing will settle transactins arranged fr yu by the Crrespndent and executed n a Relevant Exchange fr yu by a Trading Participant f a Relevant Exchange (ther than Pershing and the Crrespndent). Hwever, Pershing will nly settle such transactins if, in the case f a purchase, the necessary funds are made available t Pershing and, in the case f a sale, the financial prducts sld are made available t Pershing, in each case in sufficient time befre the time the transactin is t be settled. As part f this service, Pershing will als arrange fr yur securities and interests in managed investment schemes t be held as nminee by Pershing Nminees as nminee fr yu. Fr the purpse f settlement and nminee services, yu will becme Pershing s client. h) Settlement and nminee services MDA accunts Pershing may be engaged t prvide settlement and nminee services as described in paragraph 4 f) abve t clients f the Crrespndent in cnnectin with the prvisin t the Client by the Crrespndent f managed discretinary accunt (MDA) services. In that event, Pershing will be respnsible nly fr the fllwing services: the settlement f transactins which the Crrespndent has arranged t be executed n a Relevant Exchange n yur behalf (prvided that Pershing will nly settle such transactins if, in the case f a purchase, the necessary funds are made available t Pershing and, in the case f a sale, the financial prducts sld are made available t Pershing, in each case in sufficient time befre the time the transactin is t be settled); the hlding by Pershing Nminees as nminee fr yu f securities and interests in managed investment schemes which are acquired r therwise frm part f yur investment prtfli (Investments) which the Crrespndent manages fr yu as part f the MDA services; as Pershing Nminees will be the registered hlder f yur Investments: it will receive any dividends r ther distributins in respect f thse Investments and will deal with them in accrdance with instructins frm the Crrespndent; it will be entitled t cast any vtes in respect f yur investments and will d s in accrdance with instructins frm the Crrespndent Pershing if required t d s under relevant regulatry requirements will prvide yu with an activity statement in respect f any transactins which it settles n yur behalf unless yu are deemed t be a whlesale client; any ther services t be prvided by Pershing t yu under the Nminee and Settlement Services Agreement entered int with yu. The Crrespndent will be respnsible fr the fllwing: management f yur Investments based n an investment prgram agreed between yu and the Crrespndent, including the making f all investment decisins n yur behalf in cnnectin with yur Investments; arranging fr transactins t be executed n a Relevant Exchange fr yu by a Trading Participant f a Relevant Exchange (ther than Pershing and the Crrespndent); giving instructins t Pershing in cnnectin with the settlement f transactins executed n a Relevant Exchange fr yu and the distributins and rights in respect f the Investments held by Pershing Nminees n yur behalf; and any ther services required in cnnectin with the prvisin f MDA services t yu which are nt t be prvided by Pershing. i) CHESS Spnsrship services Pershing may act as a CHESS Spnsring Participant f the clients f its Crrespndents. Clients that are t be CHESS spnsred by Pershing must enter int a Spnsrship Agreement with Pershing. j) Nminee and custdy services Pershing may arrange fr its whlly wned subsidiary, Pershing Nminees and/r anther entity t prvide nminee and ther custdy services fr clients f the Crrespndents fr whm it prvides clearing services and ther clients. If yu want Pershing t arrange fr Pershing Nminees t prvide nminee r custdy services t yu, yu will need t enter int an agreement fr this purpse. Where Pershing prvides nminee services the financial prducts held by Pershing n yur behalf may be held in the same accunt in which Pershing Nminees hlds securities fr ther persns. k) Other services Pershing acts as agent fr the clients f Crrespndents in prviding settlement services fr the client in respect f transactins executed by the client r n behalf f the client by anther persn. Pershing des nt prvide financial prduct advice and is nt authrised under its AFSL t prvide financial prduct advice. 5. Capacity in which Pershing acts The capacity in which Pershing acts depends n the service t be prvided as fllws: a) Clearing services fr transactins in securities and interests in managed investment schemes executed n a Relevant Exchange Pershing acts as principal in relatin t the clearing and settlement f transactins in securities and interests in managed investment schemes executed n a Relevant Exchange n yur behalf. Hwever, there may be certain activities which Pershing will perfrm as agent fr anther persn (such as the dispatch by Pershing f cnfirmatins t clients as agent fr the Brker that executed the transactin). In clearing the transactin, Pershing acts as agent fr the client fr whm the transactin was executed. Hwever, Pershing will we the settlement bligatins in respect f that transactin t ASX Clear as principal. b) Executin and clearing services fr transactins in securities and interests in managed investment schemes executed n a Relevant Exchange Pershing acts as principal in relatin t the executin f yur rders which are cmmunicated t it by the Financial Intermediary fr executin n a Relevant Exchange n yur behalf. We act as principal (and nt as agent fr the Financial Intermediary) in relatin t the clearing and settlement f such transactins. Hwever, there may be certain activities which we will perfrm as agent fr anther persn (such as the dispatch by us f cnfirmatins t clients as agent fr the Financial Intermediary that arranged fr the executin f the transactin). In clearing the transactin, Pershing acts as agent fr the client fr whm the transactin was executed. Hwever, we will we the settlement bligatins in respect f that transactin t ASX Clear as Pershing Financial Services Guide (FSG) including its Privacy Plicy Page 3
principal. c) Executin and clearing services fr transactins in securities n internatinal markets When Pershing enters int a cntract with yu t arrange fr the executin, clearing and settlement f internatinal securities transactins n a freign market by an Internatinal Securities Trader fr yu, it des s as principal n its wn behalf, and nt as smene's agent. When Pershing arranges fr the prvisin f internatinal securities trading services t yu in accrdance with this cntract, Pershing acts as agent fr yu. In rder t prvide these services t yu, Pershing (as principal), has entered int agreements with an Internatinal Securities Trader, and will we bligatins in relatin t any transactins directly t the Internatinal Securities Trader. (It is then yur cntract with Pershing which enables Pershing t ultimately call upn yu t satisfy these bligatins). d) Clearing services fr transactins in Exchange Traded Optins executed n ASX Pershing acts as principal in relatin t the clearing and settlement f transactins in ETOs executed n ASX n yur behalf. Pershing als acts as principal in respect f the clearing and settlement f transactins in ETOs executed n ASX n yur behalf fr which Pershing accepts the "give up". Hwever, there may be certain activities which Pershing will perfrm as agent fr anther persn (such as the dispatch by Pershing f cnfirmatins t clients as agent fr the Brker that executed the transactin). The rights f Pershing against the ASX Grup in respect f any transactin in ETOs executed n ASX fr which Pershing has the settlement bligatins will be persnal t Pershing, and the benefit f thse rights will nt pass t the client fr whm the transactin was executed. Accrdingly, in clearing the transactin and being the registered hlder f the ETO, Pershing acts as principal and nt as an agent r trustee fr the client. Hwever, Pershing will we crrespnding bligatins t the client as a principal. e) Executin and clearing services fr transactins in Exchange Traded Optins executed n ASX Pershing acts as principal in relatin t the executin f yur rders which are cmmunicated t it by the Financial Intermediary fr executin n ASX n yur behalf. We act as principal (and nt as agent fr the Financial Intermediary) in relatin t the clearing and settlement f such transactins. Pershing als acts as principal in respect f transactins in ETOs executed n ASX n yur behalf fr which Pershing accepts the "give up". Hwever, there may be certain activities which Pershing will perfrm as agent fr anther persn (such as the dispatch by Pershing f cnfirmatins t clients as agent fr the Financial Intermediary wh arranged fr that transactin t be executed). The rights f Pershing against the ASX Grup in respect f any transactin in ETOs executed n ASX fr which Pershing has the settlement bligatins will be persnal t Pershing, and the benefit f thse rights will nt pass t the client fr whm the transactin was executed. Accrdingly, in clearing the transactin and being the registered hlder f the ETO, Pershing acts as principal and nt as an agent r trustee fr the client. Hwever, we will we crrespnding bligatins t the client as a principal. f) Settlement and nminee services Pershing acts as yur agent in relatin t the settlement f transactins in securities and interests in managed investment schemes which the Crrespndent has arranged fr anther Trading Participant t execute n a Relevant Exchange n yur behalf. Pershing acts as agent fr Pershing Nminees when arranging fr it t prvide nminee services t clients. Pershing Nminees acts as nminee r trustee fr the client in prviding the service. g) Spnsrship services Pershing acts as principal in prviding spnsrship services t clients. h) Nminee and custdy services Pershing acts as yur agent when arranging fr Pershing Nminees and/r anther entity t prvide nminee and ther custdy services t yu. Pershing Nminees as agent f Pershing, r the ther entity, will act as nminee r trustee fr yu in prviding the service. i) Other services Pershing acts as agent fr the client in prviding settlement services fr the client in respect f transactins executed by the client r n behalf f the client by anther persn. 6. Hw yu may prvide instructins T prvide instructins t Pershing, yu must cntact the Crrespndent (and nt Pershing directly). 7. Hw we are remunerated a) Remuneratin fr executin, clearing and settlement services Pershing will charge the Crrespndent fees fr executing and/r clearing transactins, and fr prviding settlement and nminee services t clients. The fees that Pershing may charge the Crrespndent may be a fixed mnthly fee, a fee per trade, a fee per service and/r ther fees. Yu may be charged fail fees by Pershing where yu fail t perfrm yur settlement bligatins in respect f a transactin that has been executed n yur behalf. Fail fees may include a fee impsed by a Relevant Exchange, an administrative fee and a default charge n the amunt utstanding frm time t time. Yu may als be charged brkerage r cmmissin r ther fees by Pershing n a cntract fr the transfer f underlying securities fllwing the exercise f an ETO at a rate determined by Pershing and advised t yu frm time t time. All r part f this fee r cmmissin may be passed n t the Crrespndent. The Crrespndent will als charge yu brkerage r cmmissin and/r ther fees agreed with yu in respect f the services that it prvides t yu. Infrmatin cncerning such brkerage, cmmissin and fees may be btained frm the Crrespndent. b) Remuneratin fr CHESS spnsrship services Pershing may charge yu a fee fr prviding yu with CHESS spnsrship services. Yu will be advised in writing f the fee (if any) t be charged by Pershing befre yu agree t receive spnsrship services frm Pershing. Pershing may als charge the Crrespndent fees relating t the prvisin f spnsrship services t yu. c) Remuneratin fr nminee and custdy services Pershing may charge yu a fee fr prviding nminee r custdy services. The fees that we charge the Crrespndent may include fees relating t the prvisin f nminee and/r spnsrship services t yu. 8. Cmmissin, Remuneratin and ther Benefits received by Pershing Pershing is remunerated by the fees it charges the Crrespndent fr the services it prvides t them. Pershing is als remunerated by the fees that it may charge clients, as described abve. Pershing Financial Services Guide (FSG) including its Privacy Plicy Page 4
Pershing may als earn and retain interest n mneys held fr clients in ur trust accunts. Pershing may als receive cmmissins, trailing cmmissin r ther benefits frm ther entities. As a guide, Pershing may receive the fllwing: Entity Margin Lenders Cash Management Trusts Prviders Freign Exchange Cmmissin / Benefits Onging cmmissin can range frm 0.25% per annum t 0.75% per annum f the margin lending facility Onging cmmissins can range frm 0.15% pa t 0.65% per annum n balance invested A percentage f the fee charged by the Internatinal Securities Trader in entering freign exchange cntracts t facilitate settlement f an internatinal securities transactin. 9. Hw ur representatives are remunerated Our representatives are remunerated by way f salary and they d nt directly receive any remuneratin calculated by reference t the amunt f fees r cmmissins received by Pershing. They may als be entitled t a bnus r ther emplyment benefits based upn perfrmance and achievement f varius bjectives by bth the representative and Pershing. 10. Referral fees Pershing will nt pay a third party a fee fr referring yu t us. Similarly, Pershing will nt be paid a fee fr referring yu t the Crrespndent. 11. Relatinships r assciatins with financial prduct prviders Pershing may enter int arrangements with financial prduct prviders. Therefre, we may receive cmmissins, trail fees r ther benefits as a result f yur investing r dealing in any such prduct. See paragraph 7 in this FSG fr further details. 12. Dcuments yu will receive a) Clearing services fr transactins executed by the Crrespndent Yu will receive a Disclsure Statement which will cntain mre infrmatin relating t the clearing service prvided by Pershing and the terms and cnditins f thse services where Pershing is t clear transactins executed fr yu by a Crrespndent thrugh a Relevant Exchange. b) Executin and clearing services Yu will receive ur Equities Client Terms which will cntain mre infrmatin relating t the executin and clearing services prvided by Pershing and the terms and cnditins f thse services where Pershing is t execute and clear transactins n a Relevant Exchange fr yu. Yu will als be prvided with a summary f ur Best Executin Plicy, which explains hw we handle and execute yur rders, as required under the ASIC Market Integrity Rules (Cmpetitin in Exchange Markets) 2011. Where Pe rshing is t arrange fr the executin and clearing f securities n a freign market by an Internatinal Securities Trader, yu will receive ur Internatinal Securities Trading Terms which will cntain infrmatin and the terms and cnditins n which Pershing will arrange fr thse services t be prvided t yu. c) Transactins in ETOs If yu wish t transact in ETOs, yu will need t enter a Derivatives Client Agreement with Pershing. Depending n whether Pershing r the Crrespndent is t execute yur trades in ETOs n ASX, yu will be prvided with an ETO Prduct Disclsure Statement by Pershing r the Crrespndent. The ETO Prduct Disclsure Statement will cntain imprtant infrmatin regarding trading ETOs, including the fees charged by ASX Clear. If the Crrespndent (and nt Pershing) is t execute yur trades in ETOs n ASX, yu will als be required t execute a Derivatives Client Agreement with the Crrespndent. d) Settlement and nminees services - general If Pershing is t settle transactins in securities and interests in management investment schemes which the Crrespndent arranges fr anther Trading Participant t execute n a Relevant Exchange fr yu, yu will need t enter int a Nminee and Settlement Services Agreement with Pershing which will cntain mre infrmatin relating t the settlement and nminee services prvided by Pershing and the terms and cnditins f thse services. e) Settlement and nminees services MDA accunts If Pershing is engaged t prvide settlement and nminee services t yu in cnnectin with the prvisin t yu f MDA services by the Crrespndent, yu will need t enter int a Nminee and Settlement Services Agreement with Pershing which will cntain mre infrmatin relating t the settlement and nminee services prvided by Pershing and the terms and cnditins f thse services. f) CHESS Spnsrship Services If Pershing is t act as yur CHESS Spnsring Participant, yu will need t enter int a Spnsrship Agreement with Pershing. g) Nminee and custdy services If Pershing is t arrange fr Pershing Nminees r anther entity t prvide nminee r ther custdy services t yu, yu will need t enter int an agreement with Pershing fr this purpse. h) Advice Yu will nt receive a Statement f Advice frm Pershing as we d nt prvide any financial prduct advice. If yu receive persnal financial prduct advice frm the Crrespndent, the Crrespndent may be required t give yu a Statement f Advice. 13. Dispute Reslutin and Cmplaints Pershing is dedicated t prviding quality service and as part f ur service cmmitment t clients, it is imprtant t prvide an efficient and accessible system fr reslving disputes. Shuld yu be f the pinin that the service prvided by Pershing is nt at an acceptable level, yu have the right t cmplain and this cmplaint will be dealt with as prmptly as pssible. Pershing will aim t reslve any cmplaint quickly and fairly. If yu have a cmplaint, put yur cmplaint in writing and address it t: Pershing Securities Australia Pty Ltd Cmpliance Manager Level 7, 1 Chifley Square Sydney NSW 2000 Ph: 02 8999 4000 Fax: 02 8999 4099 Yu shuld try t include as much detail abut the circumstances f the cmplaint as pssible including the names f any Pershing emplyees invlve and include any supprting dcumentatin. Fllwing receipt f yur cmplaint, Pershing s Head f Cmpliance will acknwledge receipt f yur cmplaint in writing and prvide yu with an estimate f the time it will take t Pershing Financial Services Guide (FSG) including its Privacy Plicy Page 5
investigate the issues yu have raised. A full investigatin will be undertaken which will include reviewing all the supprting dcumentatin, speaking t yu and interviewing relevant Pershing emplyees. Yu will be prvided with a detailed written respnse nce the investigatin f the cmplaint has been finalised. If we d nt reslve the cmplaint t yur satisfactin, yu have the ptin f pursuing yur cmplaint with the Financial Ombudsman Service (FOS). FOS' cntact details are: 16. Cntact Details Our cntact details are as fllws: Pershing Securities Australia Pty Ltd Level 7, 1 Chifley Square Sydney NSW 2000 Ph: 02 8999 4000 Fax: 02 8999 4099 Financial Ombudsman Service GPO Bx 3 Melburne, Vic 3001 Telephne: 1300 78 08 08 Fax: (03)9613 6399 Web: www.fs.rg.au Alternatively yu may als be able t pursue the matter with a Relevant Exchange. ASX has ffices in all capital cities and their details are available n www.asx.cm.au. Chi-X' cntact details are available n www.chi-x.cm/australia/ Alternatively, the Australian Securities & Investments Cmmissin (ASIC) als has a free call infrmatin line (1300 300 630) that yu may use t make a cmplaint and btain infrmatin abut yur rights. If yur cmplaint relates t a service prvided t yu by the Crrespndent (rather than Pershing), yu shuld seek t have yur cmplaint dealt with in the manner advised by the Crrespndent in its FSG r therwise. 14. Cmpensatin Arrangements Pershing has arranged fr Prfessinal Indemnity insurance cver which it cnsiders t be adequate, having regard t the fllwing: Pershing s maximum liability under the Financial Ombudsman Service f which Pershing is a member; vlume and nature f Pershing s business; number and kind f its clients; and the number f representatives and Authrised Representatives it has. If yu require further infrmatin abut ur cmpensatin arrangements please cntact Pershing's Head f Cmpliance. 15. Privacy Pershing and/r its agents may use persnal infrmatin cllected frm yu fr the fllwing purpses: t prvide yu with services, prducts and/r infrmatin that yu have requested r may reasnably expect t receive; t cnduct research, prduct develpment, marketing, risk assessment and mdelling; r t cmply with ur rights and bligatins and under relevant laws and regulatins. Pershing and/r its agents may als disclse the infrmatin cllected frm yu t third parties such as mailing huses r thers wh prvide services t us (but will nt d s fr marketing purpses). Pershing will nt disclse yur infrmatin t any ther persn except where that disclsure is authrised r permitted by the Australian Privacy Principles r by law. Pershing takes all reasnable steps t ensure that infrmatin we have cllected frm yu is secure. All stred persnal infrmatin is prtected frm unauthrised access by user lgin requirements, passwrds r ther security prcedures. Yu are able t access and update the persnal infrmatin Pershing. Please cntact yur Crrespndent t d s. If yu have any questins abut privacy, please cntact Pershing's Privacy Officer by writing t the address in sectin 16 belw. Pershing Financial Services Guide (FSG) including its Privacy Plicy Page 6