9
Investec Professional Equity Accelerator
Application Pack
For : - an investment in UBS Global Access Fund Class N Units linked to a basket of 12
S&P/ASX200 shares (with 100% Capital Protection*)
- an optional Loan under the UBS Investment Loan facility to invest in UBS Global Access Fund Class N Units
*Capital Protection relates to Deferred Purchase Agreements provided by UBS AG, Australia Branch, ABN 47 088 129
613, AFSL 231087. Capital Protection is only available on the Capital Protection Date and is subject to conditions as
described in this PDS.
Issued by Valuestream Investment Management Ltd, ABN 66 094 107 034, AFSL 246621
Investec Private Advisers Pty Limited is the lead distributor of Class N Units.
1
The Application Form
To apply for Class N Units in the Fund, you must complete the Application Form included in this Application Pack, after reading and understanding the Product Disclosure Statement for the UBS Global Access Fund Class N Units dated 3 June 2010 (the “PDS”).
The PDS is available from UBS's website at www.ubs.com/ubsglobalaccessfund or from Valuestream Investment Management Ltd at www.valuestream.com.au
To apply for a UBS Investment Loan to finance your investment in Class N Units ("UBS Investment Loan" or "Loan"), you must also complete the relevant Loan sections of the Application Form, after reading and understanding the terms of the UBS Investment Loans which are available under this offer. These terms are set out in the UBS Investment Loan Information Memorandum (“Loan IM”) and the Loan Term Sheet both dated 3 June 2010 referencing UBS Global Access Fund Class N. The Loan IM is available from UBS's website at www.ubs.com/ubsglobalaccessfund or by contacting UBS directly. The Loan Term Sheet forms part of this Application Pack. Please note that the UBS Investment Loans described in this Application Pack are not available to Superannuation Fund investors.
The dollar amount you wish to invest in Units should be specified as your Application Amount in the enclosed Application Form. As per the Loan Term Sheet, the corresponding Loan amount will be calculated as 75% or 100% of the Issue Price of Class N Units. If you utilise a UBS Investment Loan, all of the Class N Units that you acquire will be mortgaged to UBS or its nominee.
You are not obliged to borrow from UBS to invest in the Fund.
Capitalised terms in the Application Pack but not otherwise defined have the same meaning as those terms in the PDS or the Loan IM, as applicable.
Lodging the Application Form
The Application Form and accompanying documents (e.g. credit information required for the Loan Application if applicable) should be forwarded to Investec Private Advisers Pty Limited ("Investec Private Advisers") as your adviser.
Applications for Units and a UBS Investment Loan can only be made by completing the Application Form in this Application Pack and lodging it with Investec Private Advisers.
Application Forms must not be distributed (whether electronically or otherwise) by any person to any other person unless accompanied by, or attached to, a complete and unaltered copy of the PDS and the Loan IM. Free copies of the non-electronic PDS and Loan IM are available from UBS or the Issuer upon request.
Your adviser should forward the Application Form to the Registry at the following address:
UBS Global Access Fund Class N Units Link Market Services Limited PO Box A471 Sydney South NSW 1235
Completed Application Forms must be received by Link Market Services by 5 pm (Sydney time) on 21 June 2010.
Payment
If you are applying for Units with your own funds, you can pay the total amount due by direct debit from your nominated account or cheque.
(1) Direct debit: complete the direct debit authorisation form in Section 4 of this Application Form and UBS will debit your nominated account for the total amount due.
(2) Cheques: cheques should be made payable to UBS Global Access Fund Class N - Application Account and sent to Investec Private Advisers along with your Application Form.
Physical cash will not be accepted.
If you are borrowing from UBS to invest in the Fund, then you must complete the direct debit authorisation form in Section 4 of the Application Form and UBS will debit your nominated account for the payments due under your Loan, such as the first Interest Amount that is due prior to drawdown of your Loan and 25% of the total Application Amount for the Fund Units if you are approved for a 75% Loan.
1
The Application Form
To apply for Class N Units in the Fund, you must complete the Application Form included in this Application Pack, after reading and understanding the Product Disclosure Statement for the UBS Global Access Fund Class N Units dated 7 June 2010 (the “PDS”).
The PDS is available from UBS's website at www.ubs.com/ubsglobalaccessfund or from Valuestream Investment Management Ltd at www.valuestream.com.au
To apply for a UBS Investment Loan to finance your investment in Class N Units ("UBS Investment Loan" or "Loan"), you must also complete the relevant Loan sections of the Application Form and the Statement of Financial Position at the end of this Application Pack, after reading and understanding the terms of the UBS Investment Loans which are available under this offer. These terms are set out in the UBS Investment Loan Information Memorandum (“Loan IM”) and the Loan Term Sheet both dated 7 June 2010 referencing UBS Global Access Fund Class N. The Loan IM is available from UBS's website at www.ubs.com/ubsglobalaccessfund or by contacting UBS directly. The Loan Term Sheet forms part of this Application Pack. Please note that the UBS Investment Loans described in this Application Pack are not available to Superannuation Fund investors.
The dollar amount you wish to invest in Units should be specified as your Application Amount in the enclosed Application Form. As per the Loan Term Sheet, the corresponding Loan amount will be calculated as 75% or 100% of the Issue Price of Class N Units. If you utilise a UBS Investment Loan, all of the Class N Units that you acquire will be mortgaged to UBS or its nominee.
You are not obliged to borrow from UBS to invest in the Fund.
Capitalised terms in the Application Pack but not otherwise defined have the same meaning as those terms in the PDS or the Loan IM, as applicable.
Lodging the Application Form
The Application Form and accompanying documents (e.g. credit information required for the Loan Application if applicable) should be forwarded to Investec Private Advisers Pty Limited ("Investec Private Advisers") as your adviser.
Applications for Units and a UBS Investment Loan can only be made by completing the Application Form in this Application Pack and the Statement of Financial Position at the end of this Application Pack and lodging it with Investec Private Advisers.
Application Forms must not be distributed (whether electronically or otherwise) by any person to any other person unless accompanied by, or attached to, a complete and unaltered copy of the PDS and the Loan IM. Free copies of the non-electronic PDS and Loan IM are available from UBS or the Issuer upon request.
Your adviser should forward the Application Form to the Registry at the following address:
UBS Global Access Fund Class N Units Link Market Services Limited PO Box A471 Sydney South NSW 1235
Completed Application Forms must be received by Link Market Services by 5 pm (Sydney time) on 21 June 2010.
Payment
If you are applying for Units with your own funds, you can pay the total amount due by direct debit from your nominated account or cheque.
(3) Direct debit: complete the direct debit authorisation form in Section 4 of this Application Form and UBS will debit your nominated account for the total amount due.
(4) Cheques: cheques should be made payable to UBS Global Access Fund Class N - Application Account and sent to Investec Private Advisers along with your Application Form.
Physical cash will not be accepted.
If you are borrowing from UBS to invest in the Fund, then you must complete the direct debit authorisation form in Section 4 of the Application Form and UBS will debit your nominated account for the payments due under your Loan, such as the first Interest Amount that is due prior to drawdown of your Loan and 25% of the total Application Amount for the Fund Units if you are approved for a 75% Loan.
2
Instructions for completing the Application Form
Please refer to the checklist and complete the sections relevant to your Application. You may also be required to provide additional supporting documents on request (for example see the second part of the checklist below).
In general, you need to provide the following information in the Application Form:
- applicant details
- investment details
- payment details
- signature and acknowledgements
If you are applying for a UBS Investment Loan, you will also need to indicate whether you are applying for a 100% Loan or 75% Loan, elect an Interest payment option and complete the Statement of Financial Position at the end of this Application Pack. If the application for the Loan is made as trustee for a trust then you must also provide a solicitor’s declaration to confirm the trust’s ability to enter into the Loan Agreement and to mortgage its assets (see Schedule 1).
The UBS Investment Loan is not available to Superannuation Fund investors.
Where the Application Form is executed by a company, it must be executed either in accordance with section 127 of the Corporations Act or under a power of attorney. Section 127 of the Corporations Act allows a company to execute a document with or without using a common seal if the document is signed by two directors, a director and company secretary or (if applicable) the sole director who is also the sole company secretary.
If the Application Form is signed under a power of attorney, the attorney by signing certifies that it has not received notice of revocation of that power of attorney. A certified copy of the power of attorney must be lodged with the Application Form.
You acknowledge by executing the Application Form that you agree to be bound by the terms set out in the PDS and if you also apply for a UBS Investment Loan, you also agree to be bound by the terms of the UBS Investment Loan set out in the Loan IM and the Loan Term Sheet (including without limitation the Loan Agreement in Section 7 of the Loan IM).
Please ensure you sign the following:
if you are applying for the Loan and are not paying for your investment by cheque:
o page 20 (Section 4)
o page 27 or 28 (Section 8) (as applicable)
o page 18 of the Statement of Financial Position at the end of this Application Pack
if you are not applying for the Loan and are not paying for your investment by cheque:
o page 20 (Section 4)
o page 27 or 28 (Section 8) (as applicable)
if you are not applying for the Loan and are paying for your investment by cheque:
o page 27 or 28 (Section 8) (as applicable).
Please note UBS or Investec Private Adviser or Investec Bank may request additional financial information from you, including documentation supporting your stated income and asset amounts.
3
Checklist Please ensure the following has been completed or provided when you submit your Application Form.
All Applications (Unit Applications and Loan Applications)
Indicate your Application Amount for Class N Units and your method of payment in Section 2A
Complete Sections 1, 2C and 2D
Complete Section 4 if paying for your Units from your own funds by direct debit
Complete Sections 6 and 7
Read Section 5 on Fund distributions and the acknowledgements in Section 8 and sign the Application Form
If you are applying for a UBS Investment Loan
Complete Sections 2B and 4 (and sign the direct debit authorisation in Section 4). Do not send a cheque. Complete the Statement of Financial Position at the end of this Application Pack.
Additional requirements if you are applying as an individual
Complete Section 3A (a)
Sign the Application Form (Section 8)
Provide certified copy of the power of attorney required if any other person is acting on your behalf and certified copy of valid driver’s licence or passport for that person
Additional requirements if you are applying as a joint applicant
Complete Section 3A (a) and (b)
Sign the Application Form (all joint applicants must sign Section 8)
Provide certified copy of the power of attorney required if any other person(s) is/are acting on your behalf and certified copy of valid driver’s licence or passport for that person
Additional requirements if you are applying in the name of a company
Complete Section 3A (by 2 directors, a director and company secretary, or a sole director of the company)
Complete Section 3B (in the name of the company)
Sign the Application Form (Section 8) by the 2 directors, or the director and company secretary who completed Section 3A. Can be signed by one director only if that signatory is the sole director and company secretary of the company
If you are applying for a UBS Investment Loan, tick box identifying Guarantor when completing Section 3A
Additional requirements if you are applying as trustee for a trust
Complete Section 3A if a non-corporate trustee, then include details of individual trustees. If a corporate trustee, then include details of 2 directors, a director and company secretary, or sole director of the corporate trustee
Complete Section 3B (if a corporate trustee for the trust)
Complete Section 3C (in the name of the trust) including contributors and beneficiaries of the trust
Sign the Application Form as trustee (Section 8). If a non-corporate trustee then must be signed by individual trustees. If a corporate trustee, the Application Form must be signed by the 2 directors or the director and company secretary who completed Section 3A. Can be signed by one director only if that signatory is the sole director and company secretary of the corporate trustee.
If you are applying for a UBS Investment Loan, tick box identifying Guarantor when completing Section 3A (UBS Investment Loan is not available to Superannuation Fund investors)
If you are applying for a UBS Investment Loan, provide completed and signed solicitor’s declaration (Schedule 1), OR tick the box for trust deed review in Section 3C and provide a copy of your current trust deed with your Application Form
Please note the UBS Investment Loans for Class N Units are not available to Superannuation Fund investors.
4
If you are Guarantor
Complete Section 3A and tick box identifying Guarantor
Sign the Application Form as Guarantor (bottom of Section 8) – if guarantor is also a director then will sign
Section 8 twice (once as director and once as guarantor)
Client Vetting Information
For due diligence purposes and compliance with new Anti-Money Laundering legislation, the Issuer and UBS may request various identity information or other relevant information from you. Failure to provide this information may mean that the Issuer and UBS cannot accept your application.
5
UBS Investment Loan Term Sheet Offered by UBS AG, Australia Branch ABN 47 088 129 613, AFS Licence 231087
for investment in UBS Global Access Fund Class N Units This Term Sheet and the Loan Information Memorandum dated 7 June 2010 make up the current UBS Investment Loan Terms in respect of investments in UBS Global Access Fund Class N Units.
UBS has entered into an agreement with Investec Bank (Australia) Limited (“Investec Bank”) whereby, in certain circumstances, including on Investor default, UBS will transfer to Investec Bank Loans and the rights of UBS pursuant to the mortgage over the Class N Units that secure those Loans. Since Investec Bank will bear the default risk on the UBS Investment Loans as a result of this arrangement, Investec Bank will, in consultation with UBS, determine the actual Interest Rates to be charged for the Fixed Rate Loans and Variable Rate Loans, as well as the Loan unwind value (including any Early Termination Amount which will include, in addition to UBS’, any equivalent Investec Bank’s costs) should a Loan be terminated prior to the Loan Maturity Date.
The Loan IM and the Loan Term Sheet constitute the terms of a UBS Investment Loan. To the extent of any inconsistency between the terms of the Loan IM and the Loan Term Sheet, the terms of the Loan Term Sheet prevail.
Term Sheet Number: 070610 Term Sheet Date: 7 June 2010
Feature Summary
Eligible Investment UBS Global Access Fund Class N Units offered under a Product Disclosure Statement dated 7
June 2010 (the “PDS”) issued by Valuestream Investment Management Limited (the “Issuer”).
Capitalised terms used, but not otherwise defined, in the Loan Term Sheet are as defined in the UBS Investment Loan Information Memorandum dated 7 June 2010 (the “Loan IM”), or where they relate to an investment in the Fund, as defined in the PDS.
Offer Period Closing date and time for submitting Loan Applications 5pm (Sydney time) on 21 June 2010
Drawdown Date and time for all Loans 4pm (Sydney time) on 30 June 2010
Unit Issue Date and time 5pm (Sydney time) on 30 June 2010
Loan Type
Available Principal Loan
(An Interest Assistance Loan is not available under this offer)
Lender UBS AG, Australia Branch (“UBS”)
Principal Loan
Percentage
Principal Loan — 75% or 100% only. Hence you may only borrow 75% or 100% of your total
Application Amount in the Fund Units.
All Loans are subject to approval by Investec Bank and UBS and they have absolute discretion to
accept or reject your Loan Application. If you are approved for a lesser Principal Loan amount
then your investment in the Eligible Investment will be reduced proportionately. If your Loan
Application is rejected you can still acquire the Eligible Investments using your own money.
Capital
contribution Investors drawing a 75% Loan must contribute 25% of the purchase price of Fund Units out of
their own funds.
Security for the Loan and
Mortgaged
Property
When you apply for a Loan, you agree to mortgage to UBS all of your Class N Units and all rights
and distributions attached to those Units as security for the Loan. This is so irrespective of
whether the Loan you apply for is 75% or 100% of your total Application Amount in the Fund
Units. This means that those who have a 75% Loan will grant more collateral per dollar of Loan
drawn compared to those with a 100% Loan.
Mortgage structure Personal Investor
The Units will be held in your name but UBS’s security interest will be recorded on the Unit
6
Feature Summary
Register and you will be prohibited from dealing with, encumbering or disposing the Units
without UBS’s consent. If your Loan is assigned to Investec Bank then Investec Bank’s security
interest will be recorded on the Unit Register and you will be prohibited from dealing with,
encumbering or disposing the Units without Investec Bank’s consent.
Recourse Full recourse
Term
Principal Loan Approximately five years, maturing 21 July 2015 (“Maturity Date”)
Interest Payment Options
Interest Payment Type Interest Payment Option Indicative
Interest Rate
(1) Fixed Rate Interest payable annually in advance 9.95% p.a.
(2) Variable Rate Interest payable annually in advance 9.45% p.a.
Factors affecting Interest Rates
The actual Interest Rate is dependent on a number of factors, before it is set. The main factors and the relationship between them (assuming all other factors are constant) and their effect on the actual Interest Rate, before it is set, can be summarised generally as follows:
Variable Change in Variable Change in actual Interest Rate
Australian interest rates
Investec Bank Credit
Margin*
* Since Investec Bank has agreed to take on credit risk from the Loans by accepting an assignment of Loans, including defaulted Loans from UBS, the Interest Rate will be calculated by Investec Bank in consultation with UBS. As such, it is the Investec Bank credit margin, rather than the UBS credit margin, that will be a relevant factor in determining the Loan Interest Rates.
Principal
Repayment Schedule
100% of your Principal Loan Balance is repayable at maturity on 21 July 2015
Interest Periods
Interest Payment Interest Periods
First Interest Period
Second Interest Period
Third Interest Period
Fourth Interest Period
Fifth Interest Period
Sixth Interest Period
From and including 30 June 2010 to and including 29 June 2011
From and including 30 June 2011 to and including 29 June 2012
From and including 30 June 2012 to and including 29 June 2013
From and including 30 June 2013 to and including 29 June 2014
From and including 30 June 2014 to and including 29 June 2015
From and including 30 June 2015 to and including 21 July 2015
Interest Amount Each Interest Amount is calculated as:
Loan Balance at start of Interest Period x Interest Rate x (Days in Interest Period ÷ 365)
Interest Rate
Setting
Fixed Rate annual in
advance
Interest Rate is fixed between 21 June 2010 to 28 June 2010 for all
Interest Periods
Variable Rate annual in
advance
Interest Rate for the first Interest Period is fixed between 21 June 2010
to 28 June 2010 and then reset in May each year for the subsequent
Interest Periods.
Distributions If the Fund pays a distribution to you in cash (rather than reinvested in Units) the distribution will
first be applied to reduce your Loan obligations (including your obligation to repay the Loan
principal) before the excess (if any) is paid to you.
Minimum Drawdown Amount
The minimum Application Amount for Units relating to a Principal Loan Application is $100,000
and this can be increased by increments of $10,000 thereafter. This means that the minimum
Loan Application is $100,000 for a 100% Loan and $75,000 for a 75% Loan.
Fees Loan
Establishment Fee
Not applicable.
Trust Deed
Review Fee
$250 for each trust deed.
Direct Debit Fail $50 for each repeat direct debit attempt. By signing the Application Form,
7
Feature Summary
Fees you authorise UBS to make repeat direct debit attempts in case your
payment fails.
Early Termination
Amount on early
unwind or
default
This amount will be determined by Investec Bank, in consultation with UBS,
upon early unwind or default. This amount cannot be quantified upfront as
it is affected by a number of constantly changing variables such as market
interest rates, time to maturity, cost of unwind of Investec Bank’s and UBS’s
hedging positions, and other costs or losses incurred by Investec Bank and
UBS, including processing cost and loss of profit. However, borrowers
should note that this amount can be substantial and will be an amount that
they will be personally liable for on a full recourse basis.
In case of early unwind or default, any refund of prepaid Interest is at
Investec Bank’s and UBS’s discretion.
Please refer to the Loan IM and this Loan Term Sheet for more information
on Events of Default, the consequences of an early termination of the Loan
and an explanation of the Early Termination Amount.
Adviser Commission
An upfront commission of 2.2% (inclusive of GST) is payable by UBS to Investec Private Advisers
(as lead distributor of Class N Units), calculated on the total Application Amount of Units issued.
This commission will be paid by UBS out of its own funds and will not be separately charged to
the borrower’s account.
Adjustment to Loan Terms
An Adjustment Event (as defined in the Deferred Purchase Agreement) will be deemed to be a
Corporate Action for the purposes of clause 7.4.9 of the Loan Terms and UBS may adjust the
Loan Terms accordingly.
Early Repayment
You may repay the entire Loan early if UBS consents. If you do then in addition to repaying
the Loan Balance, you may be required to pay (or receive) an Early Termination Amount. The
Early Termination Amount will include any losses (or gains) that UBS and Investec Bank will
incur as a result of changes in interest rates, the cost (or benefit) of unwinding its hedges, and
may include part of any profit margin that is foregone due to the early unwind of the Loan.
The Early Termination Amount is dependent on a number of factors. The main factors and
the relationship between them (assuming all other factors are constant) and their effect on
the Early Termination Amount and Loan unwind payment, can be summarised generally as
follows:
Variable Change in
variable since the Trade Date
All else being
equal, impact on Early Termination
Amount*
All else being
equal, impact on the Loan unwind
payment
Australian interest
rates
Investec Bank Credit
Margin
Time to Loan
Maturity
* A positive Early Termination Amount is an amount payable by you whereas a negative Early
Termination Amount is an amount payable to you.
If an Event of Default occurs then UBS will assign the Loan and the corresponding rights to
the Mortgaged Property to Investec Bank. Investec Bank may require you to unwind your
Loan at that time in which case the Maturity Date of the Loan will be brought forward. Since
Investec Bank has agreed to take on credit risk from the Loans by accepting an assignment of
all defaulted Loans from UBS, the Early Termination Amount will be calculated by Investec
Bank in consultation with UBS. As such, it is the Investec Bank credit margin, rather than the
UBS credit margin, that will be a relevant factor in determining the Early Termination Amount.
8
Loan Term Sheet and Loan IM This is a Term Sheet for the purposes of the Loan IM dated 7 June 2010 for the UBS Global Access Fund Class N Units, bearing the logo of UBS, issued by UBS. You should read the Loan IM to ensure you understand the terms, conditions and risks involved in investing through the UBS Investment Loan. Copies are available from Investec Private Advisers, from UBS on 1800 048 416 or online at www.ubs.com/ubsglobalaccessfund. If you acquire an UBS Investment Loan, all of the Units that you apply for in Class N of the UBS Global Access Fund will be mortgaged to UBS or its nominee to secure your obligations under the Loan Agreement, regardless of whether you have drawn a 100% Loan or 75% Loan.
Important Notice
You can contact Investec Private Advisers on 1300 131 141 or UBS on 1800 048 416 to obtain a copy of the Loan IM or download a copy from www.ubs.com/ubsglobalaccessfund. You should ensure that you read and understand the terms of the UBS Investment Loan set out in this Loan Term Sheet and the Loan IM before deciding whether to invest through the UBS Investment Loan. You should also read and understand the Product Disclosure Statement for UBS Global Access Fund Class N before deciding whether to invest in Units.
Your Decision to Invest
It is important that you carefully read this Loan Term Sheet and the Loan IM in their entirety before deciding to invest through the UBS Investment Loan. A document of this kind cannot take into account your own investment objectives, financial situation or particular needs. Accordingly, nothing in this Loan Term Sheet or the Loan IM is a recommendation by UBS, UBS Nominees Pty Ltd (ABN 32 001 450 522, AFS Licence 231088) or UBS Securities Australia Ltd (ABN 62 008 586 481, AFS Licence 231098) or by any other person concerning investment through the UBS Investment Loan. You should not only consider the information in this Loan Term Sheet and the Loan IM but also obtain independent financial and taxation advice as to the suitability of an investment through the UBS Investment Loan for you (bearing in mind your investment objectives, financial situation and particular needs).
Restrictions on Distribution of the Loan IM and Loan Term Sheet
The offer to which this Loan Term Sheet relates is only available to persons receiving the Loan IM and Loan Term Sheet within Australia who are Australian residents and provide Australian addresses for service when making their Application. Application Forms which do not specify an Australian address for service will be rejected and returned. This Loan Term Sheet does not constitute an offer of the UBS Investment Loan in any place in which, or to any person to whom, it would not be lawful to make such an offer. The distribution of this Loan Term Sheet in jurisdictions outside Australia may be restricted by law and any person who resides outside Australia into whose possession this Loan Term Sheet comes (including nominees, trustees or custodians) should seek advice on and observe those restrictions. The UBS Investment Loan is not a security and has not been, and will not be, registered under the US Securities Act 1933 (as amended) and may not be offered or sold in the United States or to, or for the account of or benefit of, US persons. Accordingly none of this Loan Term Sheet, the Loan IM, or the Application Form may be sent to persons in the United States or otherwise distributed in the United States.
Loan IM and Confirmation
This Loan Term Sheet must be read together with the Loan IM issued by UBS in connection with the UBS Investment Loan (which together make up the Loan IM). The Loan IM sets out general terms of the UBS Investment Loan. The specific details of an investor’s investment in the UBS Investment Loan will be confirmed in the Confirmation sent to the investor. In some cases, UBS may agree terms for your UBS Investment Loan different from those in the current Loan Term Sheet. If you agree terms with UBS which are different from those in the current Loan Term Sheet, the agreement reached will be reflected in your Confirmation.
Update of information
This Loan Term Sheet is current as at the date shown on the cover page. Information in this document is subject to change from time to time. To the extent that the change is not materially adverse to investors, it may be updated by UBS posting a notice of the change on its website at www.ubs.com/ubsglobalaccessfund. UBS will provide to investors, free of charge, a paper copy of the updated information upon request.
9
Application Form UBS Global Access Fund Class N (ARSN 130 791 338)
UBS Investment Loan
Once you have completed the Application Form please sign, and together with other relevant investor documents (e.g.
credit information to support your UBS Investment Loan application and solicitor’s declaration in Schedule 1 (if
applicable)), mail it to:
UBS Global Access Fund Class N Units Link Market Services Limited PO Box A471 Sydney South NSW 1235
This Application Form relates to the offer of:
(a) UBS Global Access Fund Class N Units (ARSN 130 791 338 (the “Fund”)), pursuant to the Product Disclosure
Statement dated 7 June 2010, issued by Valuestream Investment Management Ltd ABN 66 094 107 034 AFSL
246621 as responsible entity of the Fund (the “Issuer” or “Fund Issuer”); and
(b) a UBS Investment Loan, which is an optional Loan Facility offered pursuant to the terms of the UBS Investment Loan
for the UBS Global Access Fund Class N Units set out in a Loan IM and a Loan Term Sheet both dated 7 June 2010
which together comprise the Loan IM for the UBS Investment Loan (the “UBS Investment Loan” or ”Loan”), issued
by UBS AG, Australia Branch (“UBS” or “the Lender”), to finance 75% or 100% of an investment in Class N Units.
Note: You are not obliged to borrow from UBS to invest in the Fund.
The Corporations Act requires that a person who provides access to the Application Form must provide access, by the
same means and at the same time, to the PDS and the Loan IM. This Application Form is included in an Application Pack
which is distributed with the PDS and where a Loan is requested, together with the Loan IM.
The PDS contains important information about investing in Units, and specifically in Class N Units. You should
read the PDS before deciding whether to apply for Units.
The Loan IM and Loan Term Sheet contain important information about the Loan and the risks of utilising the Loan. You should read and understand the Loan IM and Loan Term Sheet before deciding whether to apply
for a Loan.
You should seek professional financial, taxation and legal advice as you deem appropriate, in respect of the Units and the Loan before deciding whether to apply for Units or a Loan.
If you have received the PDS and Loan IM electronically, the Fund Issuer and UBS as the Loan provider (as applicable) will
provide a paper copy free of charge on request. Capitalised terms used in this Application Form but not otherwise
defined have the meaning given to them in the PDS, the Loan IM or the Loan Term Sheet, as applicable.
Completed Application Forms must be returned by Investec to:
UBS Global Access Fund Class N Units, Link Market Services Limited, PO Box A471, Sydney South NSW 1235
Completed Application Forms must be received by Link Market Services by 5.00 pm (Sydney time) on 21 June 2010
Investec Private Advisers Pty Limited stamp
By affixing their stamp, Investec Private Advisers Pty Limited verify the acknowledgments and representations listed under Section 8(jj) of this Application Form and agree to the terms of the Investec Private Advisers RCTI Agreement set out in Section 8(kk).
10
1. ADVISER DETAILS Name of Dealer Group
Australian Financial Services Licence Number Dealer Group ABN
Adviser Name Adviser’s Assistant Name
Adviser Email Address Adviser Work Number
Adviser Company Name
Adviser Firm Address—Street Number, Street Name or PO Box
Suburb/City State Postcode
2. INVESTMENT, LOAN AND ACCOUNT DETAILS
2A—Application Amount and Loan Amount
The Issue Price per Unit is $1.00. Please indicate below your Application Amount for Units, noting:
– if you are NOT borrowing from UBS to invest in the Fund, the minimum investment in Units is $50,000, with increments of $10,000 thereafter.
– if you are borrowing from UBS to invest in the Fund, the minimum Application Amount is $100,000, which would support a Loan of $100,000 for those who are approved for a 100% Loan and a Loan of $75,000 for those who are approved for a 75% Loan.
UBS Global Access Fund—Class N
Application Amount
Investec Professional Equity Accelerator
$
If you are not borrowing from UBS then this amount needs to be paid with your Application.
If you are borrowing from UBS you must contribute the Loan Interest Amount and any other fees and if you are drawing
a 75% Loan then you must also contribute 25% of the Application Amount upfront.
11
How will you be paying for your investment?
(Please select one option only. Please note that the UBS Investment Loan is not available to Superannuation Fund
investors.)
I will be funding my subscription for Units as follows:
Obtaining a Loan from UBS—You must also complete Sections 2B and 4 of the Application Form and the
Statement of Financial Position at the end of this Application Pack.
Which Principal Loan Percentage are you applying for? (please tick)
100% 75%
Following drawdown of the Loan at 4pm (Sydney time) on 30 June 2010, UBS will pay the Issuer the
amount drawn under the Loan, together with your 25% capital contribution if you have drawn a 75%
Loan, to be applied towards the purchase of Units at or around 6 pm (Sydney time) on 30 June 2010. If
you fail to pay the amounts due from you under the Loan then UBS will have the right to terminate your
Loan and dispose of your Units in accordance with the Mortgage.
Adviser Commission:
UBS has agreed to pay Investec Private Advisers an upfront fee of 2.2% (incl of GST) on the total
Application Amount of Units issued. This will be paid by UBS out of its own funds regardless of whether
you have a Loan and will not be charged as an additional cost to you.
Pay for the Units out of my own funds—You DO NOT need to complete Section 2B of the Application
Form. You DO need to complete all other sections of the Application Form including the Statement of
Financial Position at the end of this Application Pack. You can either:
a) provide direct debit instructions in Section 4 of the Application Form so that the Application Amount
can be direct debited automatically from your nominated account; or
b) provide a cheque for your Application Amount payable to “UBS Global Access Fund Class N – Application Account” and send that together with your completed Application Form to your adviser
(you do NOT need to complete Section 4 of the Application Form).
12
2B—Loan Details
NOTE: THIS SECTION SHOULD ONLY BE COMPLETED IF YOU ARE APPLYING FOR A UBS INVESTMENT LOAN
The minimum Application Amount for Units relating to a Principal Loan Application is $100,000 and this can be increased
by increments of $10,000 thereafter.
You must indicate the Principal Loan Percentage that you are applying for in Section 2A (either 100% or 75%). UBS and
Investec Bank reserve the right to approve a lower Application Amount and a proportionately lower Loan amount, and/or
they may approve a Principal Loan Percentage of 75% instead of 100% in respect of your stated Application Amount. In
either case, you will be notified before the Unit Issue Date.
UBS and Investec Bank have absolute discretion to reject in whole or in part your application for a Loan without providing
any reason. The Loan is not available for Superannuation Fund investors.
Please note that as security for the Loans the Mortgaged Property will include all of your Units and all distributions in
respect of those Units regardless of whether you have a Loan for 75% or 100% of your Application Amount. In other
words, those who have a 75% Loan will grant more security per dollar of the Loan drawn compared to those with a
100% Loan.
All amounts due under your Loan will be direct debited from your account nominated in Section 4 of the Application
Form. This includes 25% of the Application Amount if you draw a 75% Loan, your annual Interest Amounts and any
fees relating to your Loan.
Note: You should read the terms of the PDS and Loan IM carefully and seek professional taxation, financial and legal
advice as required before making this application.
Loan Interest Payment Options
You can elect to pay Interest on the Loan on one of the following bases (please indicate):
Fixed Interest Rate - Interest prepaid annually in advance
Variable Interest Rate reset annually - Interest prepaid annually in advance
Please refer to the Loan Term Sheet for information on the Loan interest payment options and terms specific to the Loans
available for investment in Class N Units of the Fund.
2C—Account Designation
This is the name in which Units and your Loan details (if applicable) will be registered. If you borrow from UBS to invest
then your Units will be registered in the name of UBS Nominees Pty Ltd as nominee for the account name below. This
account name should correspond to and contain the name of the Applicant in Section 3. Maximum 38 characters.
Account name
13
2D—Account Contact Details
Contact Person First Name Contact Person Surname
Postal Address Suburb
State Postcode Country
Home Phone Work Phone
Email Facsimile
3. APPLICANT DETAILS
* The collection of TFNs and ABNs in this Application Form is authorised by law. You can provide your ABN if you have made this investment in the course or furtherance of an enterprise that you carry on in Australia. It is not an offence if you choose not to quote your TFN or ABN. If you do not supply your TFN or a valid exemption (or in certain circumstances an ABN), tax will be deducted by the Issuer from any distributions paid to you at the highest marginal tax rate (plus Medicare Levy) and forwarded to the Australian Tax Office.
3A—Individual applicants (and individuals related to company and trustee applicants)
In this Section 3A, please provide details for: Individual Applicant(s)
or Individual Trustee Applicants
or Director(s)/Secretary of Company Applicant or Director(s)/Secretary of Corporate Trustee Applicant
Important information for Loan Applicants only:
If the applicant is a company, at least one of the directors of the company is required to act as Guarantor for the
applicant in relation to the Loan—please identify the Guarantor by ticking the relevant box below.
If the applicant is a trustee, at least one of the individual trustees, or one of the directors of the corporate trustee is
required to act as Guarantor for the applicant in relation to the Loan —please specify the Guarantor by ticking the
relevant box below.
14
(b) Applicant 2
Select one of the following options – this individual is a/an:
Individual Applicant Individual Trustee Applicant Sole Director of Company Applicant
or Corporate Trustee Director Director/Secretary
of Corporate Trustee of Company Applicant
Guarantor for a company or trustee Applicant (for Loan Applications only) Title First Name Middle Name Surname
Residential Address (PO Box address is not acceptable) Suburb
State Postcode Country TFN/ABN*
Date of Birth Place of Birth (town/city) Place of Birth (country)
Passport No. and place of issue# Nationality Driver's Licence No. and place of issue#
Occupation Employer
Source of Wealth
Employment Personal investments Other (please state) # Please provide either Passport No. and place of issue or Drivers Licence No. and place of issue
(a) Applicant 1 Select one of the following options – this individual is a/an:
Individual Applicant Individual Trustee Applicant Sole Director of Company Applicant or Corporate Trustee
Director Director/Secretary of Corporate Trustee of Company Applicant
Guarantor for a company or trustee Applicant (for Loan Applications only)
Title First Name Middle Name Surname
Residential Address (PO Box address is not acceptable) Suburb
State Postcode Country TFN/ABN*
Date of Birth Place of Birth (town/city) Place of Birth (country)
Passport No. and place of issue# Nationality Driver's Licence No. and place of issue#
Occupation Employer
Source of Wealth
Employment Personal investments Other (please state)
# Please provide either Passport No. and place of issue or Drivers Licence No. and place of issue
15
3B—Company applicants and Corporate Trustee applicants
In this Section 3B, please provide details for: Company Applicant or Corporate Trustee Applicant
Name of Company TFN/ABN*
Country of Incorporation Date of Incorporation (DD/MM/YYYY)
ACN/ARBN Registered Address
Type of Company: Public Proprietary
Business Purpose:
Names of each Director of the Company or Corporate Trustee (if a Proprietary/Private Company) identified immediately above:
Person identified as Applicant 1
Person identified as Applicant 2
Other person(s) identified below:
Full Name Residential Address (PO Box is not acceptable)
Full Name Residential Address (PO Box is not acceptable)
Full Name Residential Address (PO Box is not acceptable)
Full Name Residential Address (PO Box is not acceptable)
16
Declaration of Beneficial Ownership
This section must be completed by the beneficial owners of a proprietary or private company applicant or a corporate
trustee applicant. For these purposes, beneficial owners are persons who control at least 25% of the shares in the
company or corporate trustee. The beneficial owner(s) of the company or corporate trustee is/are:
Person identified as Applicant 1
Person identified as Applicant 2
Other persons identified below:
(a) Beneficial Owner 1 (in addition to or instead of persons identified in 3A above) Title First Name Middle Name Surname
Residential Address (PO Box address is not acceptable) Suburb
State Postcode Country TFN/ABN*
Date of Birth Place of Birth (town/city) Place of Birth (country)
Passport No. and place of issue#
Nationality
Driver's Licence No. and
place of issue#
Occupation Employer
Source of Wealth
Employment Personal investments Other (please state)
# Please provide either Passport No. and place of issue or Drivers Licence No. and place of issue
(b) Beneficial Owner 2 (in addition to or instead of persons identified in 3A above) Title First Name Middle Name Surname
Residential Address (PO Box address is not acceptable) Suburb
State Postcode Country TFN/ABN*
Date of Birth Place of Birth (town/city) Place of Birth (country)
Passport No. and place of issue#
Nationality
Driver's Licence No. and
place of issue#
Occupation Employer
Source of Wealth
Employment Personal investments Other (please state)
# Please provide either Passport No. and place of issue or Drivers Licence No. and place of issue
If there are more than two Beneficial Owners then please provide the same information as above for the other Beneficial Owner(s) as an attachment when you return this Application Form.
17
3C— Further information regarding Trusts
In this Section 3C, please provide details for: Trusts
on whose behalf the Trustee identified in 3A or 3B is applying
Name of Trust
TFN/ABN* ARBN (if applicable) Country where established
Trust type
Source of Assets and Income in the Trust
Employment Business Income Investments Others (please specify): Business Purpose:
Identify the contributors of assets settled in the trust. These persons or companies will have provided the funds or assets in
the trust (this section must be completed):
Applicant 1 (identified in 3A above)
Applicant 2 (identified in 3A above)
Beneficial Owner 1 (identified in 3B above)
Beneficial Owner 2 (identified in 3B above)
Other (please provide details below for each Other Individual Contributor and each Other Corporate Contributor) as follows:
Other Individual Contributor
Title First Name Middle Name Surname
Residential Address (PO Box address is not acceptable) Suburb
State Postcode Country TFN/ABN*
Date of Birth Place of Birth (town/city) Place of Birth (country)
Passport No. and place of issue# Nationality Driver's Licence No. and place of issue#
Occupation Employer
Source of Wealth
Employment Personal investments Other (please state) # Please provide either Passport No. and place of issue or Drivers Licence No. and place of issue
18
Other Corporate Contributor
Name of Company TFN/ABN*
Country of Incorporation Date of Incorporation (DD/MM/YYYY)
ACN/ARBN Registered Address
Type of Company: Public Proprietary
Business Purpose:
Names of each Director of the Company or Corporate Trustee (if a Proprietary/Private Company) identified immediately above:
Person identified as Applicant 1
Person identified as Applicant 2
Other person(s) identified below:
Full Name Residential Address (PO Box is not acceptable)
Full Name Residential Address (PO Box is not acceptable)
Full Name Residential Address (PO Box is not acceptable)
Full Name Residential Address (PO Box is not acceptable)
Identify all beneficiaries of the trust (or in the case of a discretionary trust the class of beneficiary):
Person identified as Applicant 1
Person identified as Applicant 2
Person Identified as Beneficial Owner 1
Person Identified as Beneficial Owner 2
Other (please provide full name of other beneficiaries below:
Full Name
Full Name
Full Name
Full Name
FOR TRUSTEE APPLICATIONS ONLY: Where a trustee is applying on behalf of a trust, UBS will need to confirm the
trustee’s power to borrow and grant a Mortgage under the relevant trust deed. Consequently, a trustee applicant
must either:
(a) arrange for your solicitor to complete the declaration set out in Schedule 1 of this Application Form, and submit
that signed declaration with your Application Form; OR
(b) provide a complete and current copy of your trust deed to UBS, and we will arrange for a review of the relevant
terms for a fee of $250 (the trust deed review fee), to be deducted from your account specified in Section 5 of this
Application Form.
Please tick this box if you would like UBS to arrange for a review of the relevant trust deed (for trustee applications only)
19
4. UNIT AND LOAN APPLICATIONS: DIRECT DEBIT AUTHORISATION FOR PAYMENTS TO UBS
This Section 4 must be completed by all Applicants investing with a UBS Investment Loan. This Section 4 must also be completed by all Applicants who are not paying for their investment by cheque. This direct debit authority will apply to all payments due from you under the terms of issue of the Units and the terms of the UBS Investment Loan (if you have applied for a Loan).
Please note that cheque payments will not be accepted for Loan interest payments.
Interest rates in relation to your Loan (if applicable) will be set by UBS (in consultation with Investec Bank) on the date(s)
set out in the Loan Term Sheet and will be posted on the website www.ubs.com/ubsglobalaccessfund
If you are paying for the investment without a UBS Investment Loan:
you instruct UBS to direct debit from the bank account specified below by no later than 30 June 2010, 100% of your
Application Amount; and
you direct UBS to pay the Application Amount to the Fund on or before 30 June 2010, for the purpose of applying
for Units in the Fund;
If you are borrowing under the UBS Investment Loan, you instruct UBS to direct debit from the bank account specified
below:
instruct UBS to direct debit from the bank account specified below by no later than 30 June 2010 for Class N Units,
all interest due under your Loan, trust deed review fee (if requested by you - refer to Section 3C), any direct debit fail
fees, and any other fees, costs and expenses recoverable under your Loan Agreement contained in the Loan IM;
direct UBS to pay the Loan principal drawn under the Loan to the Fund on or before 30 June 2010 for the purpose of
applying for Units in the Fund;
direct UBS to pay any trust deed review fee and any other fees, costs and expenses recoverable under your Loan
Agreement contained in the Loan IM to UBS in its capacity as Lender, or as it directs; and
instruct UBS to direct debit from the bank account specified below all amounts due from you under the Loan
Agreement, including interest payments and any other fees, costs and expenses recoverable under your Loan
Agreement contained in the Loan IM.
Initial direct debits are expected to be processed between 22 June 2010 and 30 June 2010 but may be processed on any
other date as necessary (e.g. as and when your Loan Application is approved). Cleared funds of an amount sufficient to
cover your total payment obligations must be in the specified account throughout the period from 22 June 2010 to 30
June 2010 (inclusive). No interest is payable by UBS in respect of amounts which are the subject of direct debits in
accordance with this direct debit authorisation.
PLEASE NOTE THAT WE CANNOT ACCEPT DIRECT DEBIT INSTRUCTIONS IN RESPECT OF A THIRD PARTY BANK ACCOUNT.
THE BANK ACCOUNT BELOW MUST BE IN THE NAME OF THE INVESTOR MAKING THIS APPLICATION.
IF THE ACCOUNT IS HELD IN JOINT NAMES THEN ALL JOINT ACCOUNT HOLDERS MUST SIGN.
20
Request and Authority to debit the account named below
Request and
Authority to debit
Applicant name ________________________________________________________
ACN/ABN __________________________________________________ (“you”)
request and authorise UBS (User ID number 376844, 376825, 328400 or 365034) to
arrange, through its own financial institution, for any amount UBS may debit or charge or
collect from you, including any amounts UBS may debit or charge or collect from you as
agent for the Fund Issuer, to be debited through the Bulk Electronic Clearing System from
an account held at the financial institution identified below and paid to UBS Australia; and
subject to the terms and conditions of the Direct Debit Request Service Agreement (set out
in Schedule 2 of the Application Form), UBS will only arrange for funds to be debited from
your account if we or the Issuer (as applicable) have notified you or your financial adviser
of the amount payable by you and when it is due. Such notification can be given verbally,
by email or in writing.
Insert the name
and address of
financial institution
at which account is
held
Financial institution name ___________________________________________________
Address ___________________________________________________
___________________________________________________
Insert details of
account to be
debited
Name of account ___________________________________________________
BSB number |__|__|__|—|__|__|__| A/C Number |__|__|__|__|__|__|__|__|__|
Acknowledgment
By signing this Direct Debit Request you acknowledge having read and understood the terms
and conditions governing the debit arrangements between you and UBS as set out in this
Request and in your Direct Debit Request Service Agreement (set out in Schedule 2 of the
Application Form).
Insert your
signature and
address
Note: Please ensure that ALL persons in the account name have signed below.
__________________________________ ___________________________________
Signature Signature
__________________________________ ___________________________________
Full Name (please print) Full Name (please print)
__________________________________ ___________________________________
Capacity Capacity
(If signing for a company, sign and print full name and capacity for signing e.g. Director)
Address ________________________________________________________
_______________________________________Date ____/____/____
21
5. DISTRIBUTIONS
Amounts may be payable to you during the term of your investment in the Fund, e.g. distributions and Unit redemption
proceeds.
In the event that a cash distribution becomes payable to you or an amount is payable to you on redemption of your Units,
the amounts will be paid by cheque. If you have borrowed from UBS to invest in the Fund, any cash distributions or
redemption proceeds due to you will first be applied to meet your Loan obligations with any excess being direct credited
to the account nominated by you in Section 4 of this Application Form.
6. OTHER INVESTOR INFORMATION
Account Operating Instructions
Joint Applicants:
If you do not cross a box below we will assume “Both to sign together” and all future written instructions regarding
your investment must be signed by both Joint Applicants.
Either to sign Both to sign together
Company Applicants:
If you do not complete this section, all future written instructions regarding your investment must be executed by two
directors or by a director and company secretary.
Any one officer to sign All directors or director and company secretary to sign
7. ANNUAL FINANCIAL REPORT AND OTHER INVESTOR CORRESPONDENCE
If you elect to receive a copy of the Fund’s annual report, we are required by law to provide a copy to you free of charge
(which will be sent to your specified address). If you do not elect to receive a copy, then you may access the Annual
Report on our website at www.valuestream.com.au (we will notify you of the website address each year).
Please cross the box below if you would like to receive a hard copy of the Annual Report each year:
I wish to receive a copy of the Annual Report each year
If you provide your email address below then we will also provide all investor correspondence, including Annual Reports (if you have elected to receive a copy above) to you by email.
My email address:
22
8. SIGNATURES AND ACKNOWLEDGEMENTS
All Applicants and Guarantors (where relevant) By signing this Application Form, I/we:
(a) acknowledge that:
i) until Units are issued to me/us on the Issue Date, the Issuer may accept or reject my/our application for Units at its complete discretion and may allocate a lower number of Units than I/we applied for;
ii) until any Units are issued to me/us, I/we will have no interest in the UBS Global Access Fund;
iii) if I/we make an Application for the UBS Investment Loan, until the Loan is drawn down, UBS and Investec Bank may accept or reject my/our Application for the Loan at their complete discretion, and may provide a Loan for a lower amount than I/we applied for and may without my/our consent amend my/our Application Form to reflect this change; and
iv) I/we cannot withdraw my/our Application Form except as permitted by law.
(b) declare that:
i) I/we received this PDS, the Loan IM and the Loan Term Sheet in Australia;
ii) if signing as an attorney, the power of attorney authorises the signing of this Application Form and no notice of revocation has been received;
iii) I/we am/are not minor(s) and do not suffer from any other legal disability preventing the execution of this Application Form;
iv) if signing in a capacity other than a personal capacity, in addition to being bound in that other capacity, I/we agree to be bound in an unlimited personal capacity,
v) in the case of joint applicants, we agree to be jointly and severally bound;
vi) I/we have full legal capacity to complete and lodge this Application Form and have taken all action that is necessary to authorise this Application and be bound by the terms of this offer and those of the UBS Investment Loan (if applicable); and
vii) if signing as the trustee of a trust, it is proper for me/us to apply for Units and an UBS Investment Loan (if applicable) and to do everything that the PDS, Loan IM and Loan Agreement contemplates that I/we will do and those things do or will benefit the beneficiaries of the trust.
(c) declare that before completing this Application Form, I/we have received a copy of the:
i) PDS (including this Application Pack) inviting subscriptions for Units and I/we have fully read and understood the PDS, and agree to be bound by the terms of the PDS; and
ii) Loan IM and Loan Term Sheet and I/we have fully read and understood and agree to be bound by the terms of the Loan IM and the Loan Term Sheet.
(d) I/we agreed to receive the Financial Services Guide and supplementary Financial Services Guides from UBS by having them made available via www.ubs.com/equitysolutions or such other internet website notified to me/us and represent and warrant that I/we have received them in printable form and read and understood the Financial Services Guide of UBS prior to signing this application form.
(e) represent that I/we have made my/our own independent investigation and appraisal of the taxation, legal, economic and credit aspects associated with the investment in Units and using the Loan for the purpose of gearing into the Units (if applicable), including obtaining independent advice where I/we deem necessary.
(f) represent that I/we have not relied in any way whatsoever on any statements made by, or purported to be made by, the Issuer or UBS or their related entities or any of their respective servants, agents, employees or representatives in relation to this investment, other than as set out in the PDS, Application Pack and Loan IM and the Loan Term Sheet and acknowledge that the Issuer and UBS have not made, and the PDS, Application Pack, Loan IM and Loan Term Sheet do not contain, any representations to me/us with regard to the suitability or appropriateness of this investment in Units or the Loan, given my/our investment objectives, financial situation or particular needs or the tax consequences of making this investment in Units or the Loan (if applicable).
(g) declare that this Application Form is lodged in accordance with the PDS and Loan IM, that all information provided in this Application Form is true and correct to the best of my/our knowledge, acknowledge that the Issuer and UBS may and will rely on this information, and I/we agree to indemnify the Issuer and UBS against any loss or claim of or against the Issuer and UBS to the extent that the loss or claim arises from or is connected with any breach of any of the representations contained in this Application Form.
(h) agree to accept the issuance of Units on the terms and conditions of the Constitution (and be bound by the Constitution as it may be amended from time to time) and the PDS.
(i) if applicable, agree to accept, and be bound by, the terms and conditions of the UBS Investment Loan contained in the Loan IM (including the Loan Agreement and relevant Loan Term Sheet).
(j) if I/we are applying for a UBS Investment Loan, acknowledge and agree that any distributions and any redemption proceeds referable to my/our Units will be applied towards satisfaction of my/our Loan obligations before the excess, if any, is paid to me/us. I/we agree and irrevocably direct VIML to pay any distributions and any
23
redemption proceeds referable to my/our Units to UBS or the Nominee, and for UBS or the Nominee to apply any distributions and any redemption proceeds referable to my Units to meet my/our Loan obligations, including my/our obligation to repay the Loan principal;
(k) acknowledge that neither the Issuer nor UBS or their related bodies corporate, affiliates, associates or officers:
i) guarantees the performance of the UBS Global Access Fund;
ii) guarantees that the UBS Global Access Fund will achieve a particular rate of return; or
iii) guarantees the repayment of capital from an investment in the UBS Global Access Fund.
(l) understand that nothing in the PDS, Application Form or Loan IM can be considered investment advice or a recommendation to invest in Units or to obtain the Loan.
(m) acknowledge that investments in the UBS Global Access Fund are not deposits with or other liabilities of the Issuer, UBS, or related bodies corporate, affiliates, associates or officers of any of the above entities and are subject to investment risk, including possible delays in repayment and loss of income and capital invested.
(n) declare and represent that if credit or other financial accommodation is to be provided to me/us by UBS that it is to be applied wholly or predominantly for business or investment purposes (or for both purposes).
IMPORTANT NOTE FOR LOAN APPLICATIONS—Individual applicants and individual trustee applicants should not sign this declaration unless the Loan or other financial accommodation is wholly or predominantly for business or investment purposes. By signing this declaration you may lose your protection under the Consumer Credit Code.
(o) represent that I/we am/are Australian resident(s) for tax purposes.
(p) acknowledge that application moneys will only be accepted and any income or capital distribution made by the UBS Global Access Fund or any payments by UBS will only be paid in Australian currency.
(q) acknowledge that an investment in the UBS Global Access Fund is subject to investment risk and agree that those risks are appropriate for a person in my/our circumstances and with my/our investment objectives.
(r) represent and warrant that I am/we are not prohibited by law from being given the PDS or the Loan IM and any replacement or supplementary document or making an application on this Application Form.
(s) acknowledge that the Issuer is not in any way involved in, or responsible for, the provision of Loans, nor does it endorse any loans or make any recommendation in relation to their suitability for any investor. Loans are a separate matter solely between you (the borrower) and the Lender as the Loan provider.
(t) have read the terms of the PDS and note the obligations under the Anti-Money Laundering and Counter-Terrorism Act 2006 (AML/CTF Act) and Rules as summarised below.
(u) agree to give further information or personal details to us if required to allow us to meet our obligations under anti-money laundering, counter-terrorism and taxation legislation.
(v) declare that I am/we are not commonly known by any other names to those disclosed in this Application Form, unless I have disclosed otherwise to the Issuer and UBS.
(w) declare that any document or information to be used for the purposes of this application (whether or not provided on or with this application) is complete and correct, is not misleading and I/we have not withheld any relevant information.
(x) acknowledge that it may be a criminal offence to knowingly provide false, forged, altered or falsified documents or misleading information or documents when completing an Application Form for the product.
(y) warrant that:
i) I/We are not aware and have no reason to suspect that:
(a) the moneys used to fund my/our investment in the UBS Global Access Fund have been derived from or related to any money laundering, terrorism financing or other illegal activities, whether prohibited under Australian law, international law or convention or by agreement; or
(b) the proceeds of my/our investment will be used to finance any illegal activities; and
ii) I am/We are not a politically exposed person or organisation.
(z) if I am/We are applying to borrow from UBS under the UBS Investment Loan to invest in the UBS Global Access Fund, I/we acknowledge that the information provided in Sections 1 to 5 and Section 7 of this Application Form is also applicable to my/our application for the Loan and will be relied on by UBS.
(aa) acknowledge that my/our obligations under the Loan including my/our obligation to repay the Loan and pay interest costs, break costs and any other fees and charges that may apply are not affected by:
i) the success or failure of UBS, except as described in paragraph (j);
ii) the level of return from or loss of money from an investment in the Units; or
iii) any illegality in connection with UBS, the Issuer or the PDS offering or inviting subscription for the Units.
(bb) if I/we are applying for a UBS Investment Loan, or acting as a Guarantor in respect of an UBS Investment Loan, I/we:
i) acknowledge that by signing this Application Form I/we agree to be bound by, and in the case of joint Applicants, agree to be jointly and severally bound by, the Loan Agreement, the terms of which are set out
24
in the Loan IM and represent that the Loan Agreement will constitute legal, valid and binding obligations on me/us enforceable in accordance with its terms;
ii) acknowledge that this Loan Agreement becomes effective as soon as UBS signs the original or a copy of this Application Form which has been signed by me/us;
iii) make the representations and warranties, and provide the undertakings, contained within the Loan Agreement;
iv) for valuable consideration, irrevocably appoint each UBS officer (each an "attorney") separately to:
(A) do everything needed (including completing any blanks) to execute and deliver the Loan Agreement on terms as set out in this Application Form and the Loan IM on my/our behalf;
(B) if I am a company or corporate trustee Applicant, complete, sign and date any ASIC form required to register the Mortgage contained in the Loan Agreement at ASIC;
(D) do anything that the attorney thinks ought to be done in relation to the Loan Agreement and any related documents, including to perfect any such documents or to make any such documents effective (including stamping and registering any relevant document);
(E) execute any document which varies or amends the Loan Agreement and any notices, consents and waivers required to be provided under the Loan Agreement; and
(F) to sign any document and to any other thing that the attorney thinks is necessary or desirable under clause 7.13.12 of the Loan Agreement;
v) I/we agree to ratify and confirm whatever any attorney does under and in accordance with this power of attorney and to indemnify each attorney against all liabilities incurred as a result of such action. I/we agree that any person dealing with an attorney in good faith may accept a declaration by the attorney to the effect that this power of attorney has not to the attorney's knowledge been revoked as conclusive evidence of that fact;
(cc) represent that I/we have reviewed the PDS, Loan IM, any relevant Loan Term Sheet and Application Form to the extent that I/we consider necessary, and have made my/our own independent investigation and appraisal of the taxation, legal, economic and credit aspects associated with this investment, including obtaining independent advice where I/we deem necessary;
(dd) represent that I/we have obtained all consents which may be required by law to enable me/us to acquire the Units and to become registered as holder of the Units and to mortgage the Units to UBS and that my/our registration as the holder of the Units, and the granting of a mortgage over them, will not contravene any law, regulation or ruling or constitution of any company;
(ee) agree to indemnify UBS against any loss or claim of or against UBS to the extent that the loss or claim arises from or is connected with any breach of any of the representations contained in this Application Form;
(ff) acknowledge that UBS has an absolute right to reject my/our Application for a Loan and that VIML has an absolute right to reject my/our Application for Units in the UBS Global Access Fund;
(gg) appoint the Nominee as my proxy to vote on matters relating to the UBS Global Access Fund, including any vote for the removal or retirement and replacement of the Issuer of the UBS Global Access Fund. .
(hh) Guarantors, by signing this Application Form, agree that:
i) each Guarantor agrees to be bound by the terms of the Loan Agreement (including, without limitation, clause 7.12 of the Loan Agreement) as a Guarantor;
ii) the obligations of each Guarantor under the Loan Agreement are joint and several;
iii) the Loan Agreement binds each Guarantor notwithstanding that one or more of them may not be or may cease to be bound by the terms of the Loan Agreement;
iv) the obligations of each Guarantor under the Loan Agreement will not be affected by any obligation of any one or more of them being or becoming wholly or partially illegal, voidable or unenforceable for any reason whatsoever (whether or not UBS knew or ought to have known of such reason); and
v) each reference to the Guarantor in the Loan Agreement shall include each Guarantor.
(ii) If the Issuer receives your Application Form after the Offer Closing Date, you may be required to pay UBS an
amount in payment of stamp duty on your Loan Agreement (currently equal to $5 plus 0.4% of the amount by
which the Loan exceeds $16,000) if such stamp duty does become payable. In such a case, the amount of the
stamp duty will be automatically debited from the account you nominate in your Application Form.
Advisers
(jj) Advisers adding their Adviser Stamp to this Application Form provide the following acknowledgements and
representations:
i) I acknowledge that I am either an Australian financial services licensee or an authorised representative of an Australian financial services licensee and that, in relation to this application, I have only provided financial services that are within the scope of the Australian financial services licence applicable to me;
25
ii) I acknowledge that I have complied with the relevant disclosure requirements, including all relevant requirements in relation to the disclosure of fees, and any requirement to provide Product Disclosure Statements, Financial Services Guides, Statements of Advice or any other disclosures required by the Corporations Act;
iii) I represent that in compliance with the provisions of the AMP/CTF Act and Rules, I have taken the steps required to identify and verify the Applicant’s identity (including the directors, beneficial owners and trustees listed in the Application Form) by checking and verifying the identity, nationality, residential address and signature of the Applicant, and any other relevant details, in compliance with the AML/CTF Act and Rules and any Distribution Agreement entered into for purposes of compliance with the AML/CTF Act and Rules;
iv) I represent that I have taken adequate steps to assist in the prevention of money laundering activities which steps may include, without limitation, identifying the Applicant’s source of wealth and monitoring of any unusual transactions;
v) I represent that I have, in relation to the Loan (if applicable), assessed and confirmed the Applicant's capacity to pay all present and future interest and principal amounts; and
vi) I represent that I have assessed the suitability of this product and other relevant factors for the Applicant and have only recommended or distributed it as I consider it suitable for the Applicant, taking into account the Applicant’s investment objectives, financial situation and particular needs.
(kk) Adviser RCTI Agreement—this section relates to supplies made by an adviser (acting on behalf of the entity (“Supplier”) that holds the requisite Australian Financial Services Licence) to UBS in consideration of a placement fee, adviser commission, trail fee or other similar fee or commission. By completing the details below and affixing its stamp to this Application Form, and in consideration of that fee or commission, the Adviser:
i) represents and warrants that it is authorised to enter into this agreement on the Supplier’s behalf;
ii) represents and warrants that the Supplier is registered for ABN and GST purposes and that it will promptly notify UBS if it ceases to be so registered; and
iii) agrees that UBS may and will issue to the Supplier self generated tax invoices (called “Recipient Created Tax Invoices” or “RCTIs”) in respect of the supplies that the Supplier has made (or will make) to UBS; and
iv) agrees that the Supplier will not issue tax invoices for those same supplies, except where first agreed in writing with UBS.
UBS declares that it is registered for GST purposes and that it will promptly notify the Adviser if it ceases to be so registered or if it ceases to be entitled to issue RCTIs.
Privacy
(a) I/we acknowledge that information about how the Registrar, CIML, UBS and the Investec Entities handle my/our personal information in connection with my/our application for Units (and a Loan, if applicable), or if I/we wish to act as a Guarantor is set out under the heading ‘Privacy Policy’ in Section 11 of the PDS.
(b) I/We agree that UBS and Investec:
a. may give certain information about me/us to a credit reporting agency in order to obtain a credit report about me/us and to allow the credit reporting agency to create or maintain a credit information file containing information about me/us. The information which may be given is covered by s18E(1) of the Privacy Act 1988 (Cth) (the ”Act”) and may include, as relevant, identity particulars and the fact that I/we appointed for credit or have offered to act as a Guarantor (if applicable);
b. Agreement to credit provider exchanging with other credit providers a consumer credit report or other information relating to my/our credit worthiness (Privacy Act 1988)
i. Exchange information about me with those credit providers named in this application or named in a consumer credit report issued by a credit reporting agency for the following purposes:
1. to assess an application by me/us for credit;
2. to notify other credit providers of a default by me/us;
3. to exchange information with other credit providers as to the status of the loan where I
am in default with other credit providers;
4. to assess my/our credit worthiness.
ii. I/we understand that the information exchanged can include anything about my/our credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act.
c. Seeking commercial credit history to a personal investment loan
i. obtain information about me/us from a business which provides information about the commercial credit worthiness of persons for purpose of assessing my/our application for consumer credit;
26
d. Seeking consumer credit history for a commercial investment loan
i. obtain a consumer credit report containing information about me/us from a credit reporting agency for the purpose of assessing my/our application for commercial credit;
e. Agreement to a credit provider being given a consumer credit report by a credit reporting agency to assess a guarantor
i. obtain from a credit reporting agency a consumer credit report containing information about me/us for the purpose of assessing whether to accept me/us as a guarantor for credit applied for by or provided to, the borrower(s). I/we agree that this agreement commences from the date of this agreement and continues until the credit covered by the borrower(s) application ceases.
f. Agreement to a credit provider disclosing a report including a consumer credit report to a potential or existing guarantor (Privacy Act 1988)
i. given to a person who is currently a guarantor, or whom I/we have indicated is considering becoming a guarantor, a credit report containing information about me/us for the purpose of deciding whether to act as a guarantor, or to keep them informed about the guarantee. I/we understand that the information disclosed can include anything about my/our credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to disclose under the Privacy Act, and includes a credit report.
g. Agreement to credit provider being given a consumer credit report to collect overdue payments on commercial credit (Privacy Act 1988)
i. obtain a consumer credit report about me/us from a credit reporting agency for the purpose of collection overdue payments relating to commercial credit owed by me/us.
(c) I/We agree that the Registrar, Issuer, UBS and the Investec Entities:
a. may collect personal information about me/us from, and give it to, my/our executor, administrator, trustee, guardian or attorney and my/our agents and representatives (including my finance broker, legal and financial adviser); and
b. is authorised to provide my/our TFN/ABN to UBS and its related entities;
c. if any of the disclosures specified in the PDS require transfer of my/our personal information outside of Australia, may transfer that information even if the disclosure of my/our personal information is to an organisation overseas that is not subject to privacy obligations equivalent to those which apply to the Registrar, Issuer, UBS or the Investec Entities.
(d) I/We represent that, if at any time I/we supply the Registrar, UBS, the Investec Entities of the Issuer with personal information about another individual, I am/we are authorised to do so and agree to inform that individual of who UBS AG Australia, the Registrar, the Investec Entities and the Issuer are and of the matters set out in this section of the Application Form.
If you apply for Units, the Registrar, VIML, UBS or Investec and/or its associates may wish to communicate with you in the future, including by email, about other investment opportunities which may be of interest to you, and you agree to be contacted for these purposes. If you do not wish to be contacted for these purposes, please indicate below or contact the Registrar, VIML, UBS or Investec (as appropriate):
I do not wish to be contacted
AML/CTF Act and Rules
Valuestream Investment Management Ltd, UBS and the Fund aim to prevent, detect and not knowingly facilitate money laundering and terrorism financing. They do this to comply with the AML/CTF Act and Rules. To meet its regulatory and compliance obligations under the AML/CTF Act, its contractual obligations and its internal due diligence requirements, the Fund and UBS will be implementing a number of measures and controls including carefully identifying, verifying and monitoring its investors and, where required by law, reporting any suspicious matters to the regulator, AUSTRAC.
We ask you to note:
a) our right to collect and identify information and to verify documents under the AML/CTF Act and Rules;
b) our right not to provide a designated service in certain circumstances;
c) that transactions may be delayed, blocked, frozen or refused where reasonable grounds are established that the transaction breaches Australian law or sanctions, or the law or sanctions of any other country;
d) that where transactions are delayed, blocked, frozen or refused, we are not liable for any loss you suffer (including consequential loss) as a result of our compliance with the AML/CTF Act as it applies to the product;
e) from time to time during the term of your investment, you may be required to provide additional information to assist us in the above process;
f) we have reporting obligations in relation to the AML/CTF regulatory regime and must report certain matters to AUSTRAC;
27
g) that the tipping off prohibition requirements under the AML/CTF regulatory regime may prevent us from informing you that any such reporting has taken place; and
h) that we may have other legal obligations to disclose the information gathered about you to regulatory and/or law enforcement agencies, including AUSTRAC and to other bodies, including a related company that forms part of our Designated Business Group (if any), if required by law.
ONLY PERSONS WITHIN AUSTRALIA MAY APPLY UNDER THIS PDS, LOAN IM AND THE LOAN TERM SHEET.
Dated:
SIGNED, SEALED AND DELIVERED by:
(Individual Applicant, Joint Applicants or Individual Trustee Applicant)
First Applicant’s Signature Second Applicant’s Signature
First Applicant’s Name Second Applicant’s Name
Witness’s Signature Witness’s Signature
Witness’s Name Witness’s Name
28
(Company Applicant or Corporate Trustee Applicant) Executed by:
Company Name
Affix Company Seal (if you have one):
Director’s Signature Director/Secretary’s Signature
Director’s Name Director/Secretary’s Name
Witness’s Signature Witness’s Signature
Witness’s Name Witness’s Name
(Guarantor—mandatory for all Company and Trust Applicants)
Guarantor’s Signature Guarantor’s Name
Witness’s Signature Witness’s Signature
Witness’s Name Witness’s Name
For office use only Loan Agreement dated: ____________________________________ SIGNED for UBS AG, Australia Branch by its authorised representatives:
Send completed Application Forms to:
UBS Global Access Fund, Link Market Services Limited, PO Box A471, Sydney South NSW 1235
Offer Closes: 5 pm (Sydney time) 21 June 2010
29
Schedule 1 Solicitor’s Declaration for Trustee Applicants for a UBS Investment Loan (refer to Section 3C of the Application Form) THIS SECTION IS TO BE COMPLETED BY THE TRUSTEE APPLICANT’S SOLICITOR
I, am a solicitor holding an unrestricted practising certificate. [ insert name of solicitor ]
I act for (the “Trustee”)
and the (the “Trust”),
for which the settlor is , [insert name of settlor]
and the beneficiaries are: [insert name(s)]
I have examined the following documents:
1. the PDS including the Loan IM (incorporating the Loan Agreement), Loan Term Sheet and any supplemental information memorandum relating to the UBS Investment Loan,
2. the application by the Trustee in its capacity as trustee of the Trust for a Loan under the Loan IM, and for the Loan Agreement as applicable (the “Loan Application”);
3. the trust deed establishing the Trust (the “Trust Deed”); and
4. all other documents necessary for me to give the opinion in this letter. Based on my examination of those documents, it is my opinion that the Trustee: 1. has full legal capacity and power under the Trust Deed to:
(a) lodge the Loan Application; and (b) carry out the transactions that the Loan Application, Loan IM and Loan Agreement contemplate;
2. has taken all action that is necessary or desirable under the Trust Deed or at law to:
(a) authorise the Loan Application; (b) carry out the transactions that the Loan Application, Loan IM and Loan Agreement contemplate; and (c) ensure that the Loan Application, Loan IM and Loan Agreement are legal, valid and binding on it; and
3. has the right to be fully indemnified out of the assets of the Trust to satisfy any liability arising under, or in connection with, the transactions that the Loan Application, Loan IM and Loan Agreement contemplate.
I have not advised on the commerciality of the transactions that the Loan Application, Loan IM and Loan Term Sheet contemplate. This letter is for the sole benefit of UBS AG, Australia Branch and its related entities (together, UBS), and UBS may rely on this letter in deciding whether to accept the Loan Application and may do so whether or not it has been given or seen a copy of the Trust Deed.
Solicitor Name
Solicitor Firm
Street Number and Name or PO Box
Suburb/City State Postcode
Signature
Print Name Date
30
Schedule 2—Direct Debit Request Service Agreement Direct Debit Request Service Agreement
1 Definitions Definitions account means the account held at your financial institution from which we are authorised to
arrange for funds to be debited.
agreement means this Direct Debit Request Service Agreement between you and us.
banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout
Australia.
debit day means the day that payment by you to us is due.
debit payment means a particular transaction where a debit is made.
direct debit request means your direct debit request, which you make by completing and signing
either:
i) the relevant part of the Application Form; or
ii) a separate document to a similar effect,
under which you authorise us to arrange for funds to be debited from the account to satisfy your
obligations under the Application Form, the PDS and if applicable the Loan Agreement contained
in the Loan IM.
PDS means the UBS Global Access Fund – Class N Product Disclosure Statement dated 7 June
2010, including any Supplement and the Application Form.
Loan Document means the UBS Investment Loan, which comprises Loan IM dated 7 June 2010
and the Loan Term Sheet included in this Application Pack referencing Class N Units in the UBS
Global Access Fund.
us or we means UBS AG, Australia Branch, the Debit User you have authorised by signing a direct
debit request, acting in its own capacity and as agent of the Issuer.
you means the customer who signed the direct debit request.
your financial institution is the financial institution where you hold the account that you have
authorised us to arrange to debit.
Capitalised terms not defined in this agreement have the same meaning as those terms in the PDS, Loan IM or Loan
Term Sheet as applicable.
2 Debiting your account
2.1 By signing a direct debit request, you have authorised us to arrange for funds to be debited from your account on our own behalf and as agent for the Issuer. You should refer to the direct debit request and this agreement for the terms of the arrangement between us and you.
2.2 We will only arrange for funds to be debited from your account as authorised in the direct debit request.
2.3 If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the previous or following banking day at our discretion.
If you are unsure about which day your account has or will be debited you should ask your financial institution.
31
3 Changes by us
3.1 We may vary any details of this agreement or a direct debit request at any time by giving you at least fourteen (14) days written notice.
4 Changes by you
4.1 Subject to 4.2 and 4.3, you may change the arrangements under a direct debit request by contacting us on 1800 048 416.
4.2 If you wish to stop or defer a debit payment you must notify us in writing at least fourteen (14) days before the next debit day. This notice should be given to us in the first instance.
4.3 You may also cancel your authority for us to debit your account at any time by giving us fourteen (14) days notice in writing before the next debit day. This notice should be given to us in the first instance at the following address:
UBS Global Access Fund
Equity Operations
GPO Box 4151
Sydney NSW 2001
5 Your obligations
5.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the direct debit request.
5.2 If there are insufficient clear funds in your account to meet a debit payment:
(a) you may be charged a fee and/or interest by your financial institution;
(b) you may also incur fees or charges imposed or incurred by us; and
(c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
5.3 You should check your account statement to verify that the amounts debited from your account are correct.
5.4 Unless indicated otherwise, any fees and charges payable on a supply made under or in connection with this agreement are stated exclusive of any goods and services tax (GST).
5.5 If we are liable to pay GST on a supply made under or in connection with this agreement, then you agree to pay us on demand an additional amount equal to the GST payable on that supply (unless the consideration is expressed to be inclusive of GST).
5.6 Terms used in clauses 5.4 and 5.5 have the same meaning as in the A New Tax System (Goods and Services Tax) Act unless the context suggests otherwise.
6 Dispute
6.1 If you believe that there has been an error in debiting your account, you should notify us directly on 1800 048 416 and confirm that notice in writing with us as soon as possible so that we can resolve your query quickly.
6.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
32
6.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding.
6.4 Any queries you may have about an error made in debiting your account should be directed to us in the first instance so that we can attempt to resolve the matter between us and you. If we cannot resolve the matter you can still refer it to your financial institution which will obtain details from you of the disputed transaction and may lodge a claim on your behalf.
7 Accounts
7.1 You should check:
(a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions;
(b) your account details which you have provided to us are correct by checking them against a recent account statement; and
(c) with your financial institution before completing the direct debit request if you have any queries about how to complete the direct debit request.
8 Confidentiality
8.1 We will keep any information (including your account details) in your direct debit request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
8.2 We will only disclose information that we have about you within the Direct Debit Request Form:
(a) to the extent specifically required by law; or
(b) for the purposes of administering, enforcing or giving effect to this agreement, the PDS, the Constitution and if applicable the Loan Documents (including disclosing information in connection with any query or claim); or
(c) as otherwise agreed by you.
9 Notice
9.1 If you wish to notify us in writing about anything relating to this agreement, you should write to us at the following address:
UBS Global Access Fund
Equity Operations
GPO Box 4151
Sydney NSW 2001
9.2 We will notify you by sending a notice in the ordinary post to the address you have given us in the direct debit request.
9.3 Any notice will be deemed to have been received on the third banking day after posting.
Pr i va te Adv ise rs
Statement of Financial Position
Important Note The information sought in this document will be regarded by us as strictly confidential. When completed, it will provide us with an accurate picture of your current financial position. It will be used as a basis from which we will develop an investment strategy for you, tailored to your specific needs and objectives. Investec Private Advisers Pty Limited accepts no liability for any advice given on the basis of inaccurate or incomplete information.
Your adviser must have reasonable grounds for making an investment recommendation. Before making such a recommendation your adviser must ask you about your investment objectives, financial situation and your particular needs. Subject to the terms of this document, the information collected will be used for that purpose. To the extent that you do not have exact information available, please use your best estimate and indicate either with an asterisk or the words “est.” that an estimate has been provided. If necessary, we may ask you for further information when providing the advice.
Warning
Your adviser may not be able to provide accurate and informed advice or recommendations if you do not complete this form accurately or in its entirety.
Contents Section A Personal Details (Client and Partner) 3
Section B Assets and Liabilities 7
Section C Superannuation Details 9
Section D Estate Planning 10
Section E Insurance 11
Section F Risk Profile and Objectives 13
Expected Outcomes 14
Client Acknowledgement 18
Statement of Financial Position - page 2
Personal Details – ClientContact Details
Title
Surname
Given Names
Date of Birth
Marital Status
Address
Phone (H)
Phone (W)
Phone (M)
Tax File Number
Employment Details
Employment Status
Occupation
Employer
Taxable Salary p.a. (net of super)
Salary Sacrifice (incl. Superannuation Guarantee)
Package Item (please specify)
Bonus (estimate)
Other Income
Business Income (net)
Pension Income (incl overseas pension)
Family Trust Distributions
Rental Income
Partnership Drawings
Other Investment Income
Total
Please advise us of any possible changes to income over the next few years, such as maternity leave, bonus payments, career changes, long service leave etc.
Salary sacrifice is money
your employer puts into
superannuation on your
behalf from your pretax
income
Superannuation Guarantee
is the compulsory
contribution your employer
makes to superannuation.
Section A Statement of Financial Position - page 3
Section A Statement of Financial Position - page 4
Personal Details – PartnerContact Details
Title
Surname
Given Names
Date of Birth
Marital Status
Address
Phone (H)
Phone (W)
Phone (M)
Tax File Number
Employment Details
Employment Status
Occupation
Employer
Taxable Salary p.a. (net of super)
Salary Sacrifice (incl. Superannuation Guarantee)
Package Item (please specify)
Bonus (estimate)
Other Income
Business Income (net)
Pension Income (incl overseas pension)
Family Trust Distributions
Rental Income
Partnership Drawings
Other Investment Income
Total
Please advise us of any possible changes to income over the next few years, such as maternity leave, bonus payments, career changes, long service leave etc.
Superannuation Guarantee
is the compulsory
contribution your employer
makes to superannuation.
Salary sacrifice is money
your employer puts into
superannuation on your
behalf from your pretax
income
Section A Statement of Financial Position - page 5
Dependent Children/Other DependantsName Date of Birth Current Age Support until Age
ExpenditureYour Total Cost Of Living (Annual)
This should include all living and household expenses, holiday costs and loan repayments. The amount should be in after tax dollars and reflect today’s prices.
Client Partner Total
Anticipated Capital Expenditure (Annual)
Please include items such as home renovations, assistance to children by way of loans or gifts, new motor vehicle acquisitions, weddings etc.
Description Owner Estimated Date Estimated Amount
Estimated After Tax Savings (Annual)
Client Partner Total
Section A Statement of Financial Position - page 6
Other Entities Company Details
Company Name
Directors
Shareholders
Tax File Number
ABN
Family Trust Details
Trust Name
Trustee/s
Beneficiaries
Tax File Number
ABN
Self-Managed Superannuation Fund Details
Superannuation Fund Name
Trustee/s
Tax File Number
ABN
Section B Statement of Financial Position - page 7
Assets Personal Assets
Description Owner Date Acquired Market Value
Principal Residence
Total
Investment Assets
Description Owner Date Acquired Initial Investment Amount
Market Value
Total
Note: Please provide us with a detailed summary of your individual investment assets. If there is insufficient room here, please attach this as a separate document.
Section B Statement of Financial Position - page 8
LiabilitiesLiability Lender Amount
owing Interest Only or Principal and Interest
Interest Rate
Start Date Term in years
Payment and Frequency
Home loan
Other property mortgages
Investment/Margin Loans
Personal Loans
Credit Card Debt
Future Tax Liabilities
Total
Section C Statement of Financial Position - page 9
Superannuation DetailsSuperannuation
Fund name Member/s Current Value
Do you have a contract of employment? If so, when did it start. Please describe benefits on termination.
Are you likely to receive a redundancy payment? If so, please describe benefit (or attach statement).
Have you commenced an Account Based pension or Transition to Retirement pension? If so, please provide details.
Do you currently have any insurance through your superannuation? If so, please provide details.
Do you have a current nomination (binding or other)? Yes No Type:
Note: Please provide us with a detailed statement outlining your current superannuation interest.
Bone fide redundancy
payments are eligible for
concessional tax treatment
Section D Statement of Financial Position - page 10
Estate PlanningEstate Planning Considerations
Client
Current and valid will Yes No
Date last reviewed
Power of Attorney Yes No
Type of Power of Attorney Enduring General Other
Name of Attorney
Testamentary trust Yes No
Does your will reflect your current wishes? Yes No If you answered no, please elaborate:
Partner
Current and valid will Yes No
Date last reviewed
Power of Attorney Yes No
Type of Power of Attorney Enduring General Other
Name of Attorney
Testamentary trust Yes No
Does your will reflect your current wishes? Yes No If you answered no, please elaborate:
An Enduring Power of
Attorney provides a
nominated person with
the authority to act on
your behalf in the event of
incapacity.
A testamentary trust is
a discretionary trust that
takes effect under a will
and is used to provide for
nominated beneficiaries
upon death.
Section E Statement of Financial Position - page 11
Insurance Life, Total and Permanent Disability (TPD) & Trauma
Client
Insurance Details Level of Cover Annual Premium Provider Policy Owner Beneficiary
Life
TPD
Trauma
Partner
Insurance Details Level of Cover Annual Premium Provider Policy Owner Beneficiary
Life
TPD
Trauma
Income Protection/Business Insurance
Client
Insurance Details Provider Cover Annual Premium Monthly Benefit
Income Protection
Business Insurance
Partner
Insurance Details Provider Cover Annual Premium Monthly Benefit
Income Protection
Business Insurance
When was the last time you reviewed your insurance cover?
Section E Statement of Financial Position - page 12
Current Health
Are you aware of any health condition which may impact investment decisions or time frames?
Client Partner
Do you smoke? Yes No Yes No
Do you have private health insurance?
Yes No Yes No
Section F Statement of Financial Position - page 13
Risk Profile & ObjectivesRisk/Return
Risk is inherent in all types of investing. In preparing a financial plan, we endeavour to understand your tolerance towards risk which will determine the appropriate investments and strategy for you. When we talk about risk, we generally mean the volatility of an investment, also referred to as the standard deviation from the mean. Volatility is the extent to which the value of an investment rises and falls. It is generally accepted that over the longer term, returns on more volatile investments, such as shares and property are higher than for traditionally less volatile investments such as cash and fixed interest. Because there is a direct relationship between risk and return over time, we generally recommend that longer term investors should consider holding some volatile assets in an investment portfolio. Please consider the alternative investment strategies and their respective asset allocations below:
Conservative Balanced Growth High Growth
Asset Class % % % %
Cash 20 15 10 5
Fixed Interest 30 20 20 10
Property 15 15 10 10
Australian Equities 25 30 35 40
International Equities 10 20 25 35
Total 100 100 100 100 Please note: these asset allocations are indicative only.
Section F Statement of Financial Position - page 14
Expected Outcomes We can estimate the likely range of outcomes for these asset classes over time, and the probability of achieving these returns. The likely outcomes should be seen as indicative only. They are meant to assist in your decision on which risk profile you think would most suit your circumstances.
Range of likely outcomes (67% likelihood) Range of likely outcomes (67% likelihood)
Conservative Balanced
Time Frame (yrs)
Expected Return
Min Return (%)
Max Return (%)
Time Frame (yrs)
Expected Return
Min Return (%)
Max Return (%)
1 7.78% 0.53 15.03 1 8.29% -0.71 17.29
3 7.78% 3.59 11.97 3 8.29% 3.09 13.49
5 7.78% 4.54 11.02 5 8.29% 4.27 12.31
10 7.78% 5.49 10.07 10 8.29% 5.44 11.14
20 7.78% 6.16 9.40 20 8.29% 6.28 10.30
Chance of a negative return once every 7.1 years Chance of a negative return once every 5.6 years
Range of likely outcomes (67% likelihood) Range of likely outcomes (67% likelihood)
Growth High Growth
Time Frame (yrs)
Expected Return
Min Return (%)
Max Return (%)
Time Frame (yrs)
Expected Return
Min Return (%)
Max Return (%)
1 8.55% -1.47 18.57 1 9.06% -2.96 21.08
3 8.55% 2.76 14.34 3 9.06% 2.12 16.00
5 8.55% 4.07 13.03 5 9.06% 3.68 14.44
10 8.55% 5.38 11.72 10 9.06% 5.26 12.86
20 8.55% 6.31 10.79 20 9.06% 6.37 11.75
Chance of a negative return once every 5.1 years Chance of a negative return once every 4.4 years
Source: Mercer Research. Please Note: These returns are before tax and assumes an inflation rate of 3% p.a.
As can be seen from the examples above, the longer an investment is held, the smaller the range for expected returns. It is also important to note that a more conservative strategy will naturally display a narrower range of outcomes due to the nature of the investments.
The above strategies are not exhaustive, and the returns indicated are a guide only. When determining an appropriate investment strategy and asset allocation, we take into consideration your personal financial situation. Please indicate below which investment strategy you feel best applies to you.
Conservative Portfolio Balanced Portfolio Growth Portfolio
High Growth Portfolio Other (to be discussed with consultant)
Note: Your selected profile may differ from our assessment of your personal risk profile. Where this is the case, we will discuss this with you in greater detail.
Section F Statement of Financial Position - page 15
Financial Objectives
Would you prefer to use
Direct Investments Managed Unit Trusts Wrap Platform*
To live on an after tax income in retirement (in today’s $) of:
50,000 100,000 150,000 250,000 Other
To retire at age: 55 60 65 Other:
To preserve the real value of my capital in perpetuity Yes No
To grow my capital using borrowed money Yes No
Other Objectives
Travel Charitable Donations Charitable Foundations
Please describe:
* A Wrap platform will facilitate internet access, electronic lodgement assistance with tax returns and will minimise paperwork. Additional costs may be incurred which will be advised to you
Section F Statement of Financial Position - page 16
Professional Advisers Accountant
Contact
Company
Address
Phone
Solicitor
Contact
Company
Address
Phone
Other
Contact
Company
Address
Phone
Do you authorise us to correspond with the above parties with respect to your personal affairs?
Yes No
Do you authorise us to pass on your personal details, financial information, strategy or objectives to the above parties?
Yes No
Section F Statement of Financial Position - page 17
Investec Private Bank
Would you like information on other services provided by Investec Private Bank?
Growth and Acquisition Finance Private Client Treasury Debt and equity funding to entrepreneurs, management teams At call and term deposits including multi-currency and private equity houses, seeking finance of more than $4m deposits
Leasing/Home Lending Specialised Lending Solutions Lending and lease finance to the accounting and medical profession. Lending solutions for listed equity investments and Personal and business insurance services. non-traditional asset classes
Property Private Client Investments Funding for property investments, including syndication, underwriting, Access to proprietary unique investment opportunities equity raising and transaction structuring advice created by Investec, locally and globally
Should you choose to receive information about other financial products and services, we may, in accordance with the Privacy Act 1988 (Cth), disclose your personal information to other members of the Investec group. We may also be required to disclose your personal information by law.
Section F Statement of Financial Position - page 18
Client Acknowledgement The information provided in this Statement of Financial Position is complete and accurate to the best of my knowledge. I/We understand that any investment made without the completion of a Statement of Financial Position, or following partial or inaccurate completion, may not be appropriate to my/our needs. I/We also understand that an investment made which differs from that recommended by Investec Private Advisers may not be appropriate to my/our needs. I/We appreciate that, in these circumstances, I/we may lose the right to seek compensation from Investec Private Advisers or its principal for any loss suffered by me/us as a consequence of incomplete or inaccurate information being provided. I/We also acknowledge that personal circumstances can change, and I/we will contact the Financial Adviser when/if this occurs.
Client
Signature
Date
Partner
Signature
Date
Adviser’s Acknowledgement
Adviser Name
Adviser Signature
FSG Provided Yes No
Date
Disclosure
Your adviser and Investec’s employees may have an interest in and/or receive brokerage (upfront and/or ongoing) from the investments or products recommended. Further brokerage details are set out in any written information supplied to you.
Additional notes:
Investec Private Advisers Pty Limited
(AFS Licence No.234972, ABN 81 070 454 787)
Level 31, The Chifley Tower, 2 Chifley Square, Sydney NSW 2000
Telephone: (02) 9293 2000, Facsimile: (02) 9293 2302