Investor declaration for CFS Edge Investments

If all account holders submit a completed application request to participate in CFS Edge Investments, you acknowledge that joining the relevant product is subject to the terms of the Deed Poll (as defined in the IDPS Guide), IDPS Guide, Other Important Information brochure and this application, each as amended from time to time. The Operator may alter the Deed, subject to any limitations and conditions imposed by relevant law and the provisions of the Deed Poll.

In this section, all references to ‘we’ and ‘us’ are intended to include a reference to the Operator and any service provider appointed by us from time to time. We’ll hold the benefit of (and may enforce) the representations, declarations, releases and indemnities in this section for our own benefit and for the benefit of any such service provider.

• the statements, answers, declarations and all information supplied by you or on your behalf contained herein are true and correct.

• your entitlements are set out in the Deed and the IDPS Guide (and any relevant Supplementary IDPS Guide), as amended from time to time.

• understand that information contained or referred to in the IDPS Guide may change from time to time and acknowledge you can obtain updated information by asking your adviser or contacting us. This information will be available online via the website specified in the IDPS Guide. If the change to the information is materially adverse, we’ll re-issue the IDPS Guide or issue a Supplementary IDPS Guide and notify you as required by law.

• an offer made within the IDPS Guide (and any relevant Supplementary IDPS Guide) only constitutes an offer to persons receiving the IDPS Guide within Australia and accepting the offer within Australia.

• the investment performance and the repayment of capital of CFSIL products is not guaranteed. Investments in CFSIL products are investment type products subject to investment risk, including possible delays in repayment, and loss of income and capital invested.

• neither CFSIL, CFS nor any of its respective subsidiaries guarantee the repayment of capital, performance, or any particular rate of return from the investment options.

• that the Target Market Determination (TMD) for CFS Edge Investments issued by CFSIL is publicly available free of charge on our website or available from your adviser for you to review at any time.

• you elect to receive any periodic statements we are required to send you by law, by accessing the CFS Edge investor portal. A copy can be provided to you by asking your adviser or contacting us.

• CFS Edge communicates with you electronically and you will ensure your email and mobile number are up to date in our records.

• you elect to confirm transactions by accessing the CFS Edge investor portal or any other channel that CFS provides.   
• and agree to the deduction of fees and costs from my investment in the amount and otherwise as described within the IDPS Guide (and any Supplementary IDPS Guide) and as otherwise notified to me in writing.

• have had an opportunity to obtain advice in respect of the product from an adviser licensed or authorised under the Corporations Act 2001 (Cth) to give such advice.

• have received, read and understood the IDPS Guide (and any relevant Supplementary IDPS Guide), and the Other Important Information brochure, the Investment list, the insurer’s PDS and policy documents (if applicable), the relevant Financial Services Guide and the disclosure documents in respect of each investment selected by you and your adviser. You’re required to receive disclosure documents for all new investments selected by you and your adviser in the future. If you invest further into the same investment, you understand that at the time of investing, you may not have the current disclosure document for those investments or information about any material adverse change or significant events. You can request a free copy by asking your adviser or contacting us
• consent to your information being used in accordance with the CFS privacy policy which can be accessed online at cfs.com.au/privacy

• consent and agree to receive notification electronically of material changes or significant events, that the Operator is required by law to give you that affect investments held in your account.

• acknowledge that product information is updated online on a regular basis and it is your responsibility to check the website outlined in the IDPS Guide regularly for product updates. You agree you will be taken to have received the relevant information whether or not you access the information on the website.

• consent to your tax file number (TFN) being shared with related CFS entities where you or your adviser seek to open additional accounts for you within CFS Edge and use of the TFN is authorised by taxation, personal assistance or superannuation law.

• understand, if your cash account doesn’t meet the specified minimum requirements, investments may be sold by the Operator without prior notice to you or your adviser as contained or referred to in the IDPS Guide.

• understand the Operator may provide, transmit or make available to you, your adviser and/or an adviser authorised third party, reports, statements, confirmations, notices, investment instructions and other information from CFS Edge by any means including, but not limited to, email, the internet, other facility or by addressed post.

• understand and accept the fees and costs described within the IDPS Guide (and any Supplementary IDPS Guide).

• acknowledge and agree we won’t be liable to you for any loss you suffer (including consequential loss) caused by the fact that:

  • we may delay, block, freeze or refuse to process a transaction    

  • we may refuse to provide you any (initial or ongoing) services, including in circumstances where:

    • we have a legal obligation to refuse to provide those services

    • your transaction may cause us or you to breach any Australian laws or the laws of another country.

• understand we may at any time vary the investments available.

• acknowledge if you give personal information about another person, you’re authorised to do so and have informed them of the contents of this document.

• consent and agree that information disclosed by you in this application request and any identification forms, including personal information about yourself and others, may be provided to CFSIL, CFS or its respective subsidiaries or to another party in order to verify this information which may include verification using electronic methods.

• will promptly advise us if any information supplied changes.

• as an individual, certify that you’re the named person or you’re authorised to provide information on their behalf.

• as an entity, are authorised by, and have consent of, the entity and any beneficial owners to provide the information.

• you as an entity, and any beneficial owners are aware that information about them and the account may be provided to the tax authorities.

• understand that if this declaration is consented to under Power of Attorney, you acknowledge that you haven’t received notice of revocation of that power.
• in an application by a guardian on behalf of a minor or other beneficiary, a reference to “you” or “your” in the context of the account, applies to the interest of the beneficiary.
• consent to having your personal details and account information sent to external software providers where your adviser or nominated representative has requested this information.

If you’re applying as a company, the application should, unless the articles of association or constitution specify otherwise, be consented by:

• two directors, or a director and the company secretary on behalf of the company by authority of the directors.

• if applicable, the sole director.
   

If you’re applying as a partnership, the signature of one partner will be deemed as evidence of the authority to bind the partnership.

• understand, if your account is linked to an automatic model portfolio, transactions to re- align your investments to the model portfolio may be placed without prior notice to you or your adviser.

• understand your adviser or the Operator may defer or cancel transactions where extensive delays are experienced under an automatic model portfolio rebalance.

• understand there may be unavoidable delays before an investment transaction (including a switch) may be implemented, including but not limited to delays that occur because we exercise a discretion available to us under the Deed Poll and/or to comply with legal requirements.

• acknowledge that by investing through CFS Edge, you don’t have access to some of the rights and entitlements that would otherwise be available to you if you invested in the underlying financial investments directly. You understand you don’t have access to cooling-off rights or withdrawal rights. You don’t have voting rights when investing in these investments other than in the limited circumstances disclosed in the voting policy (refer to the Operator and Trustee’s Voting Policy section in the Other Important Information for more information).
• if you’re applying for a third party access request:
  • understand that if this declaration is consented to, I/we are authorising the third party user named in my/our application to access my/our account(s). 

• agree to authorise your adviser to undertake the following on behalf of all account holders:

  • issue investment instructions

  • prepare, sign and lodge or otherwise communicate a request to sell an investment, to buy another investment or to move money to your cash account

  • obtain information about your account and investments

  • act as your agent to receive information and reports required or allowed by law, contract or otherwise, to be provided to you under the terms of the IDPS Guide. The receipt of information and reports by your adviser is deemed to be receipt of the information and reports by you.

  • acknowledge and agree that if you no longer have an adviser attached to your account who’s authorised to use CFS Edge Investments, we may be required to terminate your participation in CFS Edge or provide you with limited direct services.

  • acknowledge the Model portfolio fee is determined based on the investments selected as part of a model portfolio

  • acknowledge and agree we may rely on communications that purport to be from you which relate to information of a kind that we will from time to time accept.

• acknowledge us to use the details provided to verify your identity against records held by various Government agencies/bodies, for example an agency or body that issue passports, drivers licences or other identification cards (the ‘Issuer or Official Record Holder of government records’). Where we are unable to verify you, we may request further information to meet our Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) obligations and be unable to process your request until that information is received and accepted.

• acknowledge that the information provided by all account holders in this application, including your citizenship, residency and tax residency status, or to your adviser, to enable us to comply with the United States Foreign Account Tax Compliance Act and any related laws designed to implement those laws in Australia (FATCA) and/or to comply with the Common Reporting Standards (CRS) for jurisdictions within the Organisation for Economic Co-operation and Development (OECD) which includes Australia, is complete and correct. You will promptly notify CFSIL and provide any changes to the information provided by you in connection with FATCA and/or CRS.

• acknowledge that for US citizens we’re not able to process the application without a Tax Identification Number (TIN).

• agree to supply us with any information we may request from time to time in order to comply with the requirements of a foreign authority.

• declare that you aren’t a Sovereign entity, or part of a Sovereign entity group, or a superannuation fund for foreign residents, as defined in the Income Tax Assessment Act 1997.

• declare that you aren’t a European Union citizen residing in the European Union.

• agree for your adviser to make a payment/direct credit for any dollar value and at any frequency to the nominated bank account/s described above in accordance with the IDPS guide and acknowledge that your adviser can make a payment instruction online, over the phone, via email or e-post, and to the maximum extent permitted by law you indemnify us for any loss or liability arising from any unauthorised transaction.

• you agree and consent to pay,

• you authorise CFSIL to deduct and pay the fees detailed in this application, from your CFS Edge account, to your adviser and/or their licensee, and

• the fees are in line with the terms of the agreement you have entered into with your adviser and/or their licensee.

• the fees are of a reasonable amount and are only for financial advice and advice services provided to you in relation to your investment in this account.

• to this information being shared with related entities of CFSIL.

• that CFSIL has the discretion to decline a request to pay the fees requested on this application.

• that where the rights of your adviser and/or their licensee have been assigned or novated to another person or entity, the agreed fees and payments of these fees, may transfer to that person or entity.

• that in the event that your account balance is transferred, (for example a successor fund transfer/intra-fund transfer) the fee and consent may transfer to the new account.