Financial Governance Insights

Understanding Financial Governance for Investments

We provide clear terms and conditions for financial instruments, ensuring compliance and transparency in your investment decisions while navigating our comprehensive governance framework.

Highly recommend for financial clarity!

Charles Ingram

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Financial Governance Insights

Understand our product terms for financial instruments ensuring compliance and transparency in investments.

Governance Framework Overview

Navigate our governance framework for informed investment decisions and compliance with regulations.

Investment Compliance Guide

Explore guidelines to ensure compliance and transparency in your investment decisions and strategies.

Understand our terms for financial instruments to ensure compliance and informed decision-making.

Terms and Conditions

Important Information product terms & conditions for Financial Instruments

1. Introduction

1.1 These Product Terms for Financial instruments (“FI Terms”) apply when Advanced Financial Management Funds & Assets (AFM F&A PTY LTD) provides you with the Financial Instruments as described below.

1.2 By ‘we’, ‘us’ or ‘our’, we refer to AFM F&A PTY LTD

1.3 By ‘you’ or ‘your’, we mean you as a person (if you are a sole trader) and your business or legal entity (including companies and partnerships).

1.4 It is important that you understand the nature of the risks involved with any of the Financial Instruments that you enter into with us. We will provide you with information on the nature and risks associated with our Financial Instruments.

1.5 Not all Financial Instruments are available to, or are appropriate for all clients.

1.6 All communications between you and us and all information and documents from us shall be in English unless otherwise required by Applicable Regulations.

2. Understanding these FI Terms

2.1 These FI Terms form a binding contract between you and us, and are provided to you before you are able to enter into any transaction with us, unless amended or varied.

2 .2 You may also be required to enter into standardised market facing agreements buy orders and/or other documentation and agreements (“Product Agreements”) where you wish to transact certain Financial Instruments. You will be informed when such Product Agreements are required and you must execute these before any Financial Instruments or Transactions or orders can be completed and/or executed.

2.3 These FI Terms, which may be amended from time to time, supersede any other terms and conditions for Financial Instruments that may have been previously sent to you by us.

2.4 If you are a Retail Client, we will provide you with a Key Information Document (“KID”) in good time before any relevant Transaction is concluded.

3. Your knowledge and understanding

3.1 If you so wish, we can offer you advice before you trade.

3.2 Any Financial Instruments which you transact with us will be on the basis that you are able to make your own independent evaluation of the risks involved in such Financial Instruments, based upon your knowledge and experience.

3.3 You agree to provide us, on an on-going basis, with the information necessary to enable us to make an assessment of your knowledge and experience. However, we are entitled to assume that Professional Clients have the necessary experience and knowledge to understand the risks involved in relation to the particular Financial Instrument(s) which they wish to transact.

4. Trading requests

4.1 Requests to enter into, cancel or amend trades (“Requests”) should be given to us by electronic message. However we, or you, may request or agree that such Requests are provided in writing (by fax or post) or verbally.

4.2 We retain the right to decline to act on any Requests, except where it is to cancel a deal before we have started to effect the relevant Transaction. Verbal Requests will be acknowledged orally and your and our verbal acceptance will be legally binding. We will acknowledge Requests by acting on them. You authorise us to rely on and treat as binding any Requests (by whatever means transmitted) and which are given by you or by any person acting (or purported to be acting) on your behalf, and which are accepted by us in good faith. You accept responsibility for and will be bound by all contracts entered into following such Request.

4.3 We reserve the right to decline to trade, accept or to delay accepting Requests, without giving you prior notice on such conditions as we deem appropriate.

4.4 Where you send us a request or an order via electronic message, we shall only be treated as having received your electronic message once we acknowledge receipt. This acknowledgement does not, however, indicate any agreement on our part to act in accordance with any requests or orders contained in your electronic message.

5. Market orders

5.1 For certain Financial Instruments we may be willing to accept an “order” from you at a specific price, value or market level. Whether we will agree to accept your order is completely at our discretion.

5.2 Where we are willing to accept an order from you, the price at which we will do so may include relevant charges which will be added to the price at which we transact, or may have been transacted, in the market. We will inform you of any relevant charges in advance.

5.3 Where an order is accepted, we will endeavor to execute it as soon as reasonably practicable, but we will not be liable for any Loss, where you suffer or incur that Loss in connection with any change in market conditions between receipt and execution of the order. We may postpone execution of an order if we believe on reasonable grounds that it is in your best interests to do so.

5.4 Orders include: “limit orders”, which are orders to buy or sell when the market reaches a specified level; “at best” or “market” orders to buy at the best rate available; “stop loss” orders to buy or sell at a specified price and “benchmark” orders to buy or sell at a reference price established by a third party at a particular point in time.

5.5 Unless we agree otherwise, each open order will remain in effect until we have fully executed it or you have cancelled it. An open order will not be cancelled automatically by a subsequent order relating to the same Financial Instruments and it is your responsibility to cancel an open order where a substitute order has been entered. A Transaction resulting from the execution of any order which you have not cancelled will be entered in your account. We shall notify you of any material changes to our “Best Execution Approach”.

6. Payment and deliveries

6.1 Payments and, where not already held by us, certificates or other documents required to settle Transactions must be delivered by you in time to enable us to complete settlement within the time frames specified.

6.2 Where you are required to deliver or redeliver an asset, you must ensure that the necessary documents (including the appropriate and duly stamped instruments of transfer) are executed and that all instructions required are given to procure that all rights, title and interest will pass from you to the transferee and that these are free from any and all liens, charges and encumbrances.

6.3 Delivery and transfer of title will take place in accordance with the rules and procedures applicable to the relevant asset and market, as in force from time to time.

6.4 Where these documents, or immediately available funds, are not provided in the timeframe required for settlement we will not be obligated to settle any Transaction or account to you.

7. Transaction and trade reporting

7.1 Where we are obliged, by Applicable Regulations, to make transaction information public and/or available to a relevant regulator, you agree and acknowledge that: i. any and all proprietary rights in such transaction information is owned by us; and ii. you waive any duty of confidentiality with respect to that information which we are required to disclose.

7.2, where we execute a reportable Transaction with you on an OTC basis, we both agree that the party acting as seller shall post trade report the Transaction in accordance with Applicable Regulations.

7.3 You must inform us where any proposed Transaction would constitute a Short Sale, at or before you instruct us on, or enter into, the Transaction.

7.4 We will not make any trade or transaction reports on your behalf in respect of any Transactions unless otherwise agreed with you in writing.

8. Distribution arrangements

8.1 You agree and represent that you will only enter into transactions in Financial Instruments for your own account and not in the capacity of Distributor unless we agree otherwise.

8.2 Depending upon your individual circumstances, you may also be liable for any relevant taxes and costs that are incurred as a result of the tax treatment of any Financial Instruments and/or Transactions.

9. Costs and charges

9.1 In accordance with Applicable Regulations, we will disclose our costs and charges (including any fees or commissions where applicable) and/ or the basis upon which we charge you, prior to and/or following, execution of Transactions in our Financial Instruments as agreed between us.

9.2 You will be responsible for any liabilities, costs, charges and expenses, including the payment of any tax, brokerage, transfer fee, registration fee, or stamp duty payable and properly incurred by us in connection with any Transactions.

9.3 Depending upon your individual circumstances, you may also be liable for any relevant taxes and costs that are incurred as a result of the tax treatment of and Financial Instruments and/or Transactions

9.4. Full disclosure of details of costs and charges – Retail clients, and Professional or Eligible Counter party Clients who request additional disclosure

9.5 Where we provide you with full disclosure of costs and charges, this means that we will: i. provide you with a general description of how we price Transactions and the factors that impact our costs and charges in relation to the Financial Instrument and Transactions we provide; ii. Provide you in writing with pre trade details of the actual or estimated costs and charges that will be applied to your Transaction or Transactions in accordance with Applicable Regulations; and iii. Provide you in writing with post trade information on the actual costs and charges of the Transaction that you have entered into with us in accordance with Applicable Regulations ahead of any Transactions,

10. Limitation of liability

10.1 No AMF A&F Person will be liable to you or any third party for any Loss you may suffer in connection with these FI Terms, any Additional Terms or any Transaction, except to the extent that such Loss arises as a direct result of the gross negligence, willful default or fraud.

10.2 No AMF A&F Person will be liable to you or any third party in connection with any Transaction, the Financial Instruments Terms or any Additional Terms for: i. any loss of profits or opportunity due to an increase in the value, or any Loss due to a decline in the value, of any Financial Instruments which are or were the subject of a Transaction or a potential Transaction; ii. any other type of indirect, consequential or special Loss, even if a AMF A&F Person should reasonably have been aware of the possibility of that Loss being incurred; iii. the solvency, acts or omissions of any broker, nominee, custodian, settlement agent, securities depositary or other third party through or with whom a Transaction is carried out or in whose control any of your Financial Instruments or documents or certificates giving or evidencing title to them may be held, or any bank with whom we maintain any bank account, or any other third party with whom we deal or transact business or whom we appoint on your behalf, other than any such entity which is an Associate of ours, but to the extent that you reasonably request us to do so, we will make available to you any rights that we may have against any such person; iv. any liability however arising in relation to our giving, withholding or withdrawing consent in connection with these FI Terms, any Additional Terms, a Transaction, or Financial Instruments. Any communication or document produced or information provided by you in relation to a Transaction; or vi. any action or omission by you or by any third party under or in connection with these FI Terms or any Additional Terms, including any failure to provide us with accurate information and/or documentation that we may need to fulfil our obligations under these FI Terms. These FI Terms and any Additional Terms set out the full extent of our duties and no AMF A&F Person is subject to any fiduciary or equitable duties which: (i) are more extensive than the obligations set out in these FI Terms or, any Additional Terms; or (ii) would prevent us or any Associate from carrying out any services or activities with or for other persons.

10.3 Nothing in these FI Terms or any Product Agreements shall exclude or restrict any duty or liability that we owe to you under the regulatory system established under the ASIC Australian Securitas & Investment Commission.Notwithstanding any provision of these Terms or, any Additional Terms, we shall be entitled to take any action that we consider reasonably necessary to ensure compliance with Applicable Regulations.

10.4 These FI Terms supersede any previous written or verbal agreement between us (except any Product Agreements) in relation to the matters dealt with in these FI Terms

11. If you have questions

If you have any questions about these FI Terms, need further information, or would like another copy of these FI Terms please contact your AMF A&F representative.

12. How we are regulated

We are regulated by ASIC - Australian Securitas & Investment Commission.

13 Market abuse (inside information and market manipulation)

You may not buy, sell or invite others to buy and sell financial instruments if you have inside information that may be of significance to the trade. Furthermore, you may not participate or attempt to participate in market manipulation. This may include acting in a way that sends or is likely to send false or misleading signals about the supply of, the demand for or the price of financial instruments or which seeks to set the price of a financial instrument at an unusual or artificial level. Violation of the prohibitions against misuse of inside information and market manipulation is punishable by fine or imprisonment. If AMF A&F suspects market abuse, we are entitled not to execute an order

14. Severability

If any provision of these FI Terms is found by any court or regulatory or administrative body of competent jurisdiction to be invalid or unenforceable, then: i. the invalidity or unenforceability of that provision will not affect the other provisions of these FI Terms, which will remain in full force and effect; ii. if that provision would be valid or enforceable if part of it were deleted, then the provision in question will apply with such modification(s) as may be necessary to make it valid and enforceable; you and we agree to negotiate in good faith to substitute for any invalid or unenforceable provision a valid and enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.

15 Force majeure

We will not be liable to you for any delay in performance, or for the non-performance, of any of our obligations hereunder by reason of any cause beyond our reasonable control. This includes without limitation any breakdown or failure of transmission, communication or computer facilities, strikes or similar industrial action and the failure of any relevant exchange, clearing house, data service provider and/or broker for any reason to perform its obligations.