Declaration and Signatures
I/We acknowledge and declare that:
1. I/We have received, read and understood the PDS for the selected Fund(s) identified on page 30 of this Application Form and the Additional Information Document including the Privacy Statement.
3. I/We acknowledge that by providing consent to the disclosure of my/our personal information outside Australia, I/we acknowledge that neither Morningstar nor the custodian are required to ensure that any overseas recipients handle my/our personal information in accordance with Australian privacy laws and that overseas recipients are subject to foreign law that could compel the disclosure of my/our personal information to a third party such as an overseas authority.
4.I/We confirm this Application Form accompanies the PDS for the selected Fund(s).
5. I/We agree to be bound by the terms and conditions set out in the PDS for the Fund(s), the terms of the Fund’s/Funds’ Constitution/s and the law and any agreement between Morningstar and myself/ourselves, in each case as amended from time to time.
6. I/We acknowledge that investments in the Fund(s) are not deposits with or other liabilities of Morningstar, or of any related corporation of Morningstar, and are subject to investment risk, including possible delays in repayment and loss of capital invested.
7. I/We further acknowledge that neither Morningstar, nor any of its related companies, directors, officers, the investment managers appointed or its external service providers, guarantee that my/our investment will gain or retain its value, guarantee the repayment of capital or guarantee the performance of the Fund(s).
8. I/We consent to receive any requisite notifications electronically (or as preferred by Morningstar).
9. I/We declare that all details given in this Application Form are accurate and complete and that I/we have the power to invest in the Fund(s).
10. I/We am/are Australian resident(s) and have received and accepted this offer in Australia.
11. I/We agree to give further information or personal details that Morningstar reasonably believes is required in order to meet its obligations under anti-money laundering, counter-terrorism or taxation legislation. By making this application, I/we represent and covenant that the funds I/we are investing are not the proceeds of crime, money laundering or connected with the financing of terrorism.
12. I/We agree that, Morningstar may in its absolute discretion determine not to issue units to me/us, refuse to transfer units from or to me/us, may cancel any units which have been issued tome/us or may redeem any units issued to me/us if Morningstar believes such action to be necessary or desirable in the light of its obligations under Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) or any related legislation.
13. I/We agree that subject to any cooling off rights, once this Application Form has been received by Morningstar or its agents, it cannot be withdrawn.
14. I/We declare that I am/we are not commonly known by any other names different from those disclosed in this Application Form.
15. I/We declare any documents or information used for verification purposes in support of my/our application are complete and correct.
16. I/We acknowledge that it may be a criminal offence to knowingly provide false, forged, altered or falsified documents or misleading information or documents when completing this Application Form.
17. I/We acknowledge that if I/we fail to pay the full amount of the application monies in respect of the units the subject of this application either at the same time as making this application, or by any later date agreed with us, the amount owing together with any costs, expenses or damages incurred in relation to the Fund(s) as a result of the non-payment, shall be a debt payable by me/us to Morningstar in relation to the relevant Fund(s), and either no units will be issued to me/us or any units which have been issued may be cancelled or redeemed by Morningstar in its discretion.
18. I/We agree to meet the costs, expenses or penalties incurred by the Fund(s) in relation to the realisation of Fund assets to meet any redemption request I/we make, or any request for redemption proceeds to be paid to me/us by a particular method, and any other costs, expenses, penalties, losses, liabilities or damages or other amounts incurred by Morningstar or the Fund(s) on my/our behalf, or other amounts owing by me/us in relation to the Fund(s), and to repay any amount paid by Morningstar to redeem my/our units in order to meet such costs, expenses, penalties, losses, liabilities, damages or other amounts owing in respect of the Fund(s) and in order to meet any outstanding management fees payable by me/us to Morningstar.
19. I/We indemnify Morningstar and its agents in respect of any loss, claim or liability incurred by any of them relying on or acting pursuant to this Application Form or any notices, instructions and requests received by authorised signatories.
20. I/We agree that, if I/we have provided an email address to Morningstar, Morningstar (and any of its agents appointed for this purpose) may correspond with me/us using the email address provided for any purpose related to the administration of my/our investment in the Fund(s).
21. Where I am/we are signing this application form behalf of a company that is acting as the trustee of a trust and the provider of a “custodial or depository service” within the meaning of item 46 of Table 1 of subsection 6(2) of the AML/CTF Act, I/we represent and warrant that:
a. the applicant either holds an Australian financial services licence (AFSL) authorising it to provide custodial or depository services under the Corporations Act 2001 (Cth) or is exempt from the requirement to hold such an AFSL;
b. the applicant’s name and enrolment details are entered on the Reporting Entities Roll kept by AUSTRAC under the AML/CTF Act; and
c. the applicant has carried out all applicable customer identification and ongoing customer due diligence obligations in accordance with Chapter 15 of the Anti-Money Laundering and Counter-Terrorism Rules Instrument 2007 (No. 1) (Cth) on its underlying customer(s).
Warranties as to Commonwealth Anti-Money Laundering and Counter-Terrorism, CRS and FATCA – for Both Existing and New Investors
Where the Fund invests in overseas funds which are subject to US legislation, the investment managers need to know that investors in the Fund are not involved in money laundering so that those managers can meet their own anti-money laundering obligations under US law. Therefore, by making this application, you represent and covenant that neither you, nor any Related Person, are:
22. A person or entity whose name appears on the US Specially Designated Nationals List.
23. A Non-US Shell Bank
24. A person or entity resident in, or whose subscription funds are transferred from or through, an account in a Non-Cooperative Jurisdiction.
25. A Senior Non-US Political Figure.
26. A member of the Immediate Family of a Senior Non-US Political Figure.
27. A Close Associate of a Senior Non-US Political Figure.
28. A resident in, organised or chartered under the laws of, a jurisdiction that has been designated by the Secretary of the Treasury under Section 311 or 312 of the USA PATRIOT Act as warranting special measures due to money laundering concerns.
29. Entities and/or their persons that are subject to economic sanction including, without limitation, all applicable sanctions regimes promulgated by the United Nations, the European Union, the U.S. Office of Foreign Assets Control, and/or any other applicable jurisdiction’s economic sanctions laws; and that the funds that you are investing do not originate from, nor will be routed through, an account maintained at a Non-US Shell Bank, an ’offshore bank’ or a bank organised or chartered under the laws of a Non-Cooperative Jurisdiction.
30. You will provide Morningstar or its nominee any information that Morningstar reasonably requires in order to enable it to meet all of its compliance, reporting and other obligations under the United States of America Foreign Account Tax Compliance Act (’FATCA’) and Common Reporting Standards for Automatic Exchange of Information in Tax Matters, and all associated rules and regulations from time to time (including, without limitation, the Inter-Governmental Agreement (’IGA’) entered into between the governments of the US and Australia).
31. You understand that whereyou have provided Morningstar or its nominee with information about your status or designation under or for the purposes of FATCA and Common Reporting Standards for Automatic Exchange of Information in Tax Matters (including, but without limitation, US residency or citizenship status and FATCA status as a particular entity type) and all associated rules and regulations, Morningstar will treat that information as true and correct without any additional validation or confirmation being undertaken by Morningstar except where it is under a legal obligation to do so.
You agree to notify Morningstar promptly of any change in information affecting any of these representations and covenants.