LCL Capital Individually Managed Accounts - LCL INDEX PLUS
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LCL Capital Individually Managed Accounts
LCL INDEX PLUSINVESTMENT MANAGEMENT AGREEMENT
Important Client Account Opening Information
Any person/entity who wishes to become a Client of LCL Capital Pty Ltd (“LCL”) in order to trade derivatives, securities
and foreign exchange products under the conditions of this agreement must satisfy the following preconditions:
• Satisfaction of the wholesale client test (ie one of the regulatory exclusions to the definition of retail client must be
applicable);
• Execution of this Agreement;
• Provision of all such information requested, including identification and verification documentation, ACN, certified
copies of constituent documentation.
• Provision of a third party guarantee/indemnity if so requested by LCL.
Client identification q Certificate of Incorporation (or equivalent) [for companies]
documentation
provided: q Certified copy of Partnership Agreement [for partnerships]
[originals to be sighted
or certified copies to be
q Certified copy of Joint Venture Agreement [for Joint ventures]
provided]
q Certified copy of Trust Deed or Superannuation Fund deed [for trusts]
q Australian Drivers Licence No: ; or
q Passport No: ; PLUS
q Utility bill, credit card statement, bank statement, etc [for individuals]
LCL Capital Pty Ltd » ABN: 30 144 973 786 » AFSL No 370951
Suite 223, 3 Oracle Boulevard, Broadbeach QLD 4218 » PO Box 448, Broadbeach QLD 4218 » T: 07 5635 0125 » F: 07 5526 2777
www.lclcapital.com.auINVESTMENT MANAGEMENT AGREEMENT
CLIENT DETAILS FORM
Client Name & ACN
(If applicable)
Client Type q Individual q Partnership / Joint Venture
(Please tick appropriate box)
q Company q Trust
Key Client Contact
Address Details Residential:
Postal:
Telephone H: W:
Mobile
Facsimile
Email Address
Authorised Signatories 1. Name:
(*if an individual client, no authorized
signatories are permitted)
Signature:
2. Name:
Signature:
3. Name:
Signature:
4. Name:
Signature:
Bank Account Details Institution:
Account Name:
BSB:
TFN:
Nature of Business
LCL Capital Pty Ltd » ABN: 30 144 973 786 » AFSL No 370951
Suite 223, 3 Oracle Boulevard, Broadbeach QLD 4218 » PO Box 448, Broadbeach QLD 4218 » T: 07 5635 0125 » F: 07 5526 2777
www.lclcapital.com.auINVESTMENT MANAGEMENT AGREEMENT
This investment Management Agreement (the “Agreement”) is dated 20
and is between: LCL Capital Pty Ltd [ACN: 144 973 786] (“LCL”) and
[ACN ] (“Client”).
This Agreement shall replace any prior or existing service agreement between the parties and shall apply to any
existing arrangements currently operating between the parties.
1. Interpretation
In this Agreement unless a different intention is expressed, the following terms (as subsequently modified by
amended legislation or regulation) shall mean:
“agent” means a legal entity undertaking a transaction or function on behalf of another legal entity but in its own
name;
“Agreement” or “Investment Management Agreement” means this client agreement and any schedules or other
documents annexed or incorporated by reference;
“business day” means a day on which trading banks in Sydney Australia are open for business;
“Corporations Act” means the Corporations Act 2001 (Cth);
“counterparty” means licenced third party product providers approved by the LCL compliance committee;
“operating rules” shall mean the rules, regulations, customs and practices from time to time of any exchange,
clearing house or other organisation or market involved in the execution or settlement of any financial product
transaction or contract.
2. Investment Mandate
This document presumes you are a wholesale client and you must inform us immediately if this is not, or no longer
the case.
The Client hereby confirms its understanding and acceptance of the intended methodologies to be utilised and the
inherent risks therein, and their appropriateness for the Client’s financial needs, objectives and circumstances. The
Client accepts full responsibility for the currency, accuracy and completeness of any information provided to LCL
in relation to entering into this Agreement and accepting the appropriateness of this investment mandate. It is the
Client’s responsibility to advise LCL if their circumstances change and this strategy no longer satisfies their financial
objectives.
IMA investments • ASX 200 Equities and ASX Exchange Traded Funds
Investment objective The investment objective of this IMA is to provide investors with an investment
strategy which has the potential to produce returns that outperform the ASX 200
Index over medium to long term investment horizons.
Investment Strategy The trading technique is based around fundamental macro analysis of the Australian
equities market .The core strategy is focused around highly active management of the
SPDR S and P - ASX 200 Exchange Traded Fund (Code “STW”) which replicates
the ASX 200 Index including franking credits and dividends and the use of blue
chip stocks to take advantage of sector opportunities identified by the manager. The
strategy does not utilize micro analysis of individual stocks. The strategy will also entail
significant “sell side” advice whereby the manager may determine that all or part of a
portfolio may be liquidated if market conditions dictate.
LCL Capital Pty Ltd » ABN: 30 144 973 786 » AFSL No 370951
Suite 223, 3 Oracle Boulevard, Broadbeach QLD 4218 » PO Box 448, Broadbeach QLD 4218 » T: 07 5635 0125 » F: 07 5526 2777
www.lclcapital.com.auINVESTMENT MANAGEMENT AGREEMENT
Specific Risks • Liquidity risk
• Operational risk
• Market risk
• Underlying Manager risk
• Quality of investments risk
• Taxation risk
• Legal/regulatory risk
What sort of risk profile/ Medium-High risk (only those with risk capital should invest).
investor does this suit?
The investment management agreement is suitable for people who wish to invest
funds to achieve higher returns than the general market, and have a higher tolerance
for risk. Over the life of the account returns are expected to outperform the market
but at any time there could be losses that exceed the losses in the general market.
Level of capital The risk management process adopted in this investment management agreement is
protection/risk structured to reduce significant losses, however no warranty as to returns is provided
by LCL and losses may be incurred.
Investment or withdrawal There are no withdrawal conditions; however funds should be invested with a medium
conditions? to long term investment horizon in order to achieve the desired results.
Taxation & social security Acquiring, holding and disposing of these products can have important taxation and
social security implications for investors. Tax and social security requirements are
complex and you should obtain professional advice on your particular circumstances.
3. Risk Management Systems
There are various types of risks associated with securities trading. Set out below is a description of some of the
more important types of risks, together with details of the processes by which these risks are assessed, monitored
and controlled by LCL. As all client accounts will be held at licensed product providers the risk management
procedures of the product provider will be applicable to clients of LCL. Clients will be provided with details of the
risk management procedures employed by the product providers via a Product Disclosure statement issued by the
provider. In addition to these external risk controls LCL will have internal risk management processes that include:
a) Market Risk
Market risk represents the risk of adverse movements in markets. Market risk is created where a security is
held that creates exposure to movements in the price of the security held. Specific limits may be placed on the
percentage exposure of an individual stock held within a portfolio. Net exposure must remain within the strategic
ranges or limits as and when set out in the investment mandate.
b) Liquidity Risk
Liquidity risk may be present in securities trading activities in that LCL may not be able to, or cannot easily,
unwind or offset a particular position at or near the previous market price due to inadequate market depth or
because of disruptions in the market place. As only ASX200 stocks will be used as investments this risk is
unlikely but may occur in extenuating circumstances.
c) Operational Risk
Operational risk is the risk that deficiencies in the effectiveness and accuracy of the information systems or
internal controls will result in a material loss.
Proper segregation of duties is a key element to LCL’s internal control environment:
i. There must be separation of “front” and “back” offices.
As such the back office will perform tasks that include:
• Ensuring complete, accurate and timely entry of transactions into the portfolio accounting system by
reconciliation to external information;
LCL Capital Pty Ltd » ABN: 30 144 973 786 » AFSL No 370951
Suite 223, 3 Oracle Boulevard, Broadbeach QLD 4218 » PO Box 448, Broadbeach QLD 4218 » T: 07 5635 0125 » F: 07 5526 2777
www.lclcapital.com.auINVESTMENT MANAGEMENT AGREEMENT
• Exception reports being produced by the portfolio accounting system, detailing securities that have either
not been priced or have large price movements. These are reviewed and resolved daily.
ii. Separation of duties within LCL is exercised at a number of levels and there are clearly nominated officers
that are responsible for each activity:
• LCL’s back office monitors the exposure to securities and is able to report independently to LCL
management;
• The Compliance Manager will conduct an overview of LCL’s systems and procedures at least annually;
• The external auditor will conduct annual reviews of systems.
iii. Controls are in place to confirm that all client accounts remain within their account mandates, whilst
delivering results consistent with stated objectives. This occurs through regular monitoring and reporting.
iv. LCL checks that relevant records and documentation are maintained in accordance with current market
practice and conditions.
v. Systems are in place to support the investment management process including the timely provision of
management and client reporting. This is the responsibility of the LCL’s back office.
vi. Operating instructions are established and reviewed to ensure that proper documentation is maintained;
vii. Clients are provided with commentaries on their investments.
viii. Portfolios are marked to market value using the methodology approved by LCL.
ix. Exposures are monitored daily by LCL.
4. Client representations and warranties
The Client represents and warrants to LCL that:
i. The Client is duly organised and validly existing (or, if an individual, is of legal age and is under no legal
disability or incapacity) and has full power and authority to enter into, and has taken all necessary steps to
enable it lawfully to enter into, this Agreement and the transactions contemplated there under, and perform
its obligations thereunder;
ii. The person executing this Agreement has full power and authority to execute the Agreement on behalf of the
Client, and bind the entity (whether individual, company, partnership or otherwise);
iii. This Agreement constitutes a legal, valid and binding obligation of the Client;
iv. Where the Client is more than one person they shall each be jointly (together) and severally (individually)
liable;
v. Where the Client is a Trustee, the Trust deed specifically empowers and authorises dealings in the financial
products, and such dealings are within the authorised ambit of the Trust’s investment strategy;
vi. All information supplied to LCL by the Client is, or at the time it is supplied will be, accurate in all material
respects and the Client will not omit or withhold any information which would make such information
inaccurate in any material respect;
vii. The Client shall, where so required, provide herewith to LCL a valid and binding guarantee and indemnity in
favour of LCL as a precondition of entering into this Agreement;
viii. The Client will provide to LCL on request such information regarding its financial and business affairs and/or
identity, as LCL may reasonably require;
ix. In executing this Agreement, the Client will appoint LCL as its agent for the purpose of dealing in financial
products in accordance with the terms of this Agreement;
x. The Client and LCL are bound by the applicable financial product laws, Corporations Act, applicable
exchange operating rules, customs, usages and practices (as modified from time to time) of the applicable
exchange and clearing houses where any dealing takes place;
LCL Capital Pty Ltd » ABN: 30 144 973 786 » AFSL No 370951
Suite 223, 3 Oracle Boulevard, Broadbeach QLD 4218 » PO Box 448, Broadbeach QLD 4218 » T: 07 5635 0125 » F: 07 5526 2777
www.lclcapital.com.auINVESTMENT MANAGEMENT AGREEMENT
xi. That all orders to be placed and all trading to be conducted under this Agreement are lawful;
xii. In executing and complying with this Agreement, the Client will not infringe any provisions of any other
document or agreement to which the Client is a party; and
xiii. The Client will take all reasonable steps to obtain and communicate to LCL all information, and shall deliver
or cause to be delivered to LCL all documents with respect to dealings in the financial products which are
requested by any person having the right to request such documents and information. The Client authorises
LCL to pass on/deliver all such information and documents to any such person.
5. Client acknowledgements
The Client acknowledges to LCL that:
i. LCL shall deal or may instruct third parties to deal on behalf of the Client in the financial products;
ii. LCL will utilise the execution and settlement services of appropriately licensed third parties on behalf of the
Client in order to provide the services detailed in this Agreement;
iii. All dealings executed on behalf of the Client pursuant to this Agreement shall be at the absolute discretion of
LCL and without further reference to or approval by the Client (subject to any restrictions detailed in Schedule 1);
iv. Subject to applicable legal/regulatory requirements, the Client agrees and acknowledges that LCL’s directors,
employees and associates may and can deal on their own account;
v. LCL reserves the right, at its sole discretion and without explanation, to refuse to deal on behalf of the Client in
relation to any securities (other than closing out existing open positions held in LCL’s account on behalf of the
Client) or to limit the number of open positions held on behalf of the Client or both. LCL will inform the Client of
any refusal before or as soon as practicable after such refusal;
vi. Reports to the Client on the execution of contract notes by LCL, and the content of such contract notes, open
position statements and monthly statements, unless otherwise objected to within 24 hours after communication
thereof to the Client, shall be deemed proof of the accuracy of such contents and their execution in accordance
with this Agreement;
vii. That LCL may provide similar or dissimilar financial services to other clients;
viii. The Client recognises and understands that trading and investment in these financial products is speculative
and may involve a degree of risk and significant loss. LCL makes no guarantee that any of its services will result
in a profit or will not result in substantial losses; and
ix. A notice issued by an authorised officer or agent of LCL stating the amount of money due and payable by the
Client shall be taken as final evidence thereof.
6. LCL Representations
LCL seeks to act honestly, exercise due care and diligence and act in the Client’s best interests at all times. LCL
will give priority to Client interests and undertakes that it will not misuse Client information.
7. Discretion to trade
i. Subject to any limitations or prohibitions contained in Schedule 1 hereto, the Client hereby authorises LCL
to trade in securities at the absolute discretion of LCL and without further reference to, or approval from, the
Client.
ii. The Client may at any time limit or amend LCL’s discretion by reference to the securities and markets to be
traded, size of open positions and any other limitation which is agreed between the parties in writing. The Client
acknowledges that such a request may result in losses to the Client.
LCL Capital Pty Ltd » ABN: 30 144 973 786 » AFSL No 370951
Suite 223, 3 Oracle Boulevard, Broadbeach QLD 4218 » PO Box 448, Broadbeach QLD 4218 » T: 07 5635 0125 » F: 07 5526 2777
www.lclcapital.com.auINVESTMENT MANAGEMENT AGREEMENT
8. Authorisations and Instructions
i. The Client may authorise any other person (“Authorised Signatory”) to give instructions (via the agreed
methods) on its behalf and LCL is entitled to act upon instructions which are or appear to be from the Client
or any Authorised Signatory thereof. It is the Client’s responsibility to notify LCL in writing immediately if
there is any change to the Authorised Signatory list provided pursuant to this Agreement;
ii. The Client shall be responsible for the accuracy of information sent via electronic means using the Client’s
name, password or any other personal identification means implemented to identify the Client;
iii. The Client is obliged to keep all passwords secret and ensure that third parties do not obtain access to the
Client’s trading facilities;
iv. The Client has appointed LCL as its agent for the purposes set out in this Agreement and conferred upon
LCL authority to do, or omit to do, all things reasonably necessary to perform its functions and all things
reasonably incidental to the performance of its functions.
9. Commissions, Fees and Expenses
i. The Client agrees to pay:
a. Commission upon the execution of any requested financial product transaction at the rate specified in
Schedule 1 as well as an amount equal to any other fee charged or levied on LCL, or other expense incurred
by LCL, arising from any action taken pursuant to this Agreement;
b. A management fee for the provision of managed investment services, calculated monthly and charged
quarterly, at the rate specified in Schedule 1 irrespective of whether there has been a profit or loss for the
relevant month/s;
c. All stamp duty, duties and taxes (including GST) payable on or pursuant to this Agreement;
d. All amounts incurred by LCL as a result of the Client’s default under the terms of this Agreement, including
without limitation, all reasonable legal costs on a solicitor/client basis; and
e. Interest, in respect of any unpaid amount due under this Agreement, at a rate of up to five per cent per
annum over the cash rate of the Reserve Bank of Australia (or of such monetary authority as may replace it).
Such interest shall accrue and be calculated daily from the date payment was due until the date the Client
pays in full and shall be compounded monthly.
ii. Where amounts are payable by one party to the other, netting principles shall apply to enable the party owing
the larger amount to pay the excess only to the other party.
10. Client Monies
The Client agrees and acknowledges that:
i. LCL is a non custodial organization and as such does not hold client monies. When a Client invests using LCL’s
investment management services, an account in the name of the Client will be opened directly by the Client
with large, reputable approved counterparties as determined by LCL’s compliance committee. The Client will
deposit funds directly with the counterparties. The client agreement documentation provided by the applicable
counterparty will govern the clients rights and obligations with respect to the account in conjunction with this
Agreement. The client funds as such do not constitute a fund or custodial relationship with LCL and are not part
of LCL’s funds.
ii. The Client will be required to designate LCL as the authorized trader on the investment management account
opened with the approved counterparty by the Client.
iii. All client accounts will be held with approved counterparties and as such the risk management procedures of
the counterparties will be applicable to the Client.
iv. Only counterparties approved by LCL’S compliance committee will be used for the trading of client monies. The
committee will only approve counterparties that are independently rated as achieving the required standards by
the credit rating agencies. The approved counterparties are listed in Schedule 1.
LCL Capital Pty Ltd » ABN: 30 144 973 786 » AFSL No 370951
Suite 223, 3 Oracle Boulevard, Broadbeach QLD 4218 » PO Box 448, Broadbeach QLD 4218 » T: 07 5635 0125 » F: 07 5526 2777
www.lclcapital.com.auINVESTMENT MANAGEMENT AGREEMENT
11. Default
i. The Client acknowledges and agrees that where one of the following events occurs, LCL may take any such
action provided in Clause 11(iii) below:
a. The Client fails to make any other payment when due under this Agreement;
b. The Client dies or becomes of unsound mind, or the partnership is dissolved or ceases to exist for any
reason;
c. The Client suspends payment of its debts, makes any composition with its creditors, has a receiver
appointed over some or all of its assets, takes or has any proceedings taken against it in bankruptcy or
takes or allows any steps to be taken for its winding up (except for a solvent amalgamation or reconstruction
approved in advance in writing by LCL) or anything similar to any of these events happens to the Client
anywhere in the world;
d. The Client fails in any respect to fully and promptly to comply with any obligations to LCL under this
Agreement or otherwise or if any of the representations or information supplied by the Client are or become
inaccurate or misleading in any material respect;
e. Any guarantee, indemnity or security for the Client’s obligations is withdrawn or becomes defective,
insufficient or unenforceable in whole or in part;
f. This Agreement has been terminated;
g. It becomes or may become unlawful for LCL to maintain or give effect to all or any of the obligations under
this Agreement or otherwise to carry on its business or if LCL is requested not to perform or to close out a
transaction (or any part thereof) by any governmental or regulatory authority whether or not that request is
legally binding; or
h. LCL considers it necessary to do so for its own protection.
ii. If the Client becomes aware of the occurrence of any event referred to in clause 11 (i) above, it shall notify LCL
immediately.
iii. If any event referred to in Clause 11(i) above takes place, LCL shall at its absolute discretion be entitled, but not
obliged, to, and at the expense of the Client:
a. Close out any or all of the Client’s contracts;
b. Charge the Client with all of the costs, expenses and losses incurred by LCL as a result of entering into, or
closing out transactions pursuant to this Agreement; and;
c. To take any such action a reasonably prudent person would take in the circumstances to protect the personal
obligation incurred when dealing on behalf of the Client.
12. Indemnity
i. The Client will indemnify and keep indemnified LCL and its employees, contractors or agents from and against
any cost, expense, claim, action, suit, loss, damage or other amounts whatsoever arising out of any default,
whether by act or omission, of the Client under this Agreement or anything lawfully done by LCL in accordance
with this Agreement or by reason of LCL complying with any direction, request or requirement of an exchange
or its clearing house or other regulatory authority.
ii. LCL shall not be responsible or liable in any way for any delay or error in the transmission or execution of any
dealing by it under this Agreement caused by the Client or any other third party, including but not limited to
trading floor or exchange system operational failure or action, bank delay, postal delay, failure or delay of any fax
or electronic transmission or delay caused by accident, emergency or act of god.
iii. No warranty is provided by LCL in relation to information or advice sourced from third parties, and all
information or advice provided by LCL to the Client is for the private use of the Client and is not to be
communicated to any third party without the prior written consent of LCL.
LCL Capital Pty Ltd » ABN: 30 144 973 786 » AFSL No 370951
Suite 223, 3 Oracle Boulevard, Broadbeach QLD 4218 » PO Box 448, Broadbeach QLD 4218 » T: 07 5635 0125 » F: 07 5526 2777
www.lclcapital.com.auINVESTMENT MANAGEMENT AGREEMENT
iv. LCL makes no representation or warranty as to the results of dealing in the financial products, and shall not be
liable for any damage or loss suffered or incurred by the Client arising out of or in connection with any advice,
forecast, or opinion to the Client in relation to price movements or positions or to the likely profitability of any
transaction.
13. Dispute Resolution
If a dispute arises between LCL and the Client relating to any facet of this Agreement or the transactions entered
into pursuant to the service provided by LCL hereunder (a “Dispute”), LCL may close out or take any other action
it considers appropriate in relation to the Dispute without previously notifying and/or without having received
instruction from the Client. LCL will try to notify the Client (verbally or in writing) what action it has taken, as soon
afterwards as it practically can, but if it does not, the validity of its action shall not be affected.
14. Termination
i. This Agreement can be terminated at any time by either party giving 10 business days written notice to the other
party.
ii. Unless otherwise agreed in writing between the parties upon termination of this Agreement LCL will close out all
of the Client’s securities transactions.
iii. Termination of the Agreement shall not release either party from any existing obligations or from any liabilities for
any antecedent breach of any of the terms of this Agreement.
iv. Rights under this Agreement can only be waived in writing, such waiver not to affect the waiving party’s rights or
entitlements in respect of subsequent breaches of the Agreement. Failure to compel performance shall not be
construed as a waiver.
15. General
i. LCL may amend this Agreement by giving the Client thirty days written notice of any amendments.
ii. In the event that any of the provisions contained in this Agreement are found to be invalid or unenforceable, such
provisions shall be deemed deleted, and the validity and enforceability of the remaining provisions shall continue
unimpaired.
iii. If a party fails to exercise or delays in exercising any right under this Agreement, by doing so it does not waive
such right. The rights provided in this Agreement do not exclude other rights provided by law.
iv. The Client may not assign or otherwise transfer its rights or obligations under this Agreement or any transaction,
without the express written consent of LCL.
v. The parties agree to the electronic recording by either party of telephone or internet conversations between
the parties with or without an automatic tone warning device, and the use of such recordings as evidence
by either party in any dispute or anticipated dispute between the parties or relating to dealings between the
parties. Clients shall be permitted access to such tapes up to 90 days after the date of the relevant telephone
conversation, and shall be liable to LCL for all reasonable costs in retrieving and providing such tape.
vi. The Client acknowledges and agrees that LCL is permitted to carry out an electronic database search and
search credit reference agencies in order to verify the Client’s identity and credit standing. If such searches are
carried out, LCL may keep records of the contents and results of such searches in accordance with all current
and applicable laws.
vii. LCL reserves the right to collect such information as is necessary from the Client to meet its obligations under
applicable Anti Money Laundering Regulations. LCL may pass on information collected from the Client and
relating to transactions as required by applicable anti money laundering laws and regulations and is under no
obligation to inform the Client it has done so. LCL may undertake all such anti money laundering checks in
relation to the Client (including restricted lists, blocked persons and countries lists) as deemed necessary or
appropriate by LCL, and reserves the right to take any action with regard thereto with no liability whatsoever
therefore.
LCL Capital Pty Ltd » ABN: 30 144 973 786 » AFSL No 370951
Suite 223, 3 Oracle Boulevard, Broadbeach QLD 4218 » PO Box 448, Broadbeach QLD 4218 » T: 07 5635 0125 » F: 07 5526 2777
www.lclcapital.com.auINVESTMENT MANAGEMENT AGREEMENT
viii. LCL reserves the right to provide all such information regarding the Client in relation to its obligations to, or
requests (whether legally binding or not) by a relevant regulatory body.
16. Privacy
i. In order to provide the Client with these services, LCL needs to collect personal information about the Client
and obtain the Client’s agreement in relation to the handling of such personal information. If the Client does not
provide the requested information or agree to the information handling practices detailed in this Agreement, LCL
may be unable to provide the services outlined in this Agreement to the Client.
ii. The Client shall ensure that all information provided to LCL is accurate and up-to-date at all times. Any changes
must be advised to LCL as soon as practicable.
iii. LCL have systems and processes in place to address privacy requirements, and can provide the Client with a
Privacy Statement should the Client require further information about LCL’s information handling practices.
iv. The Client authorises LCL to collect, use, store or otherwise process any personal information which enables
LCL to provide and/or improve its services. This may, on occasion, require the disclosure of personal
information to our related entities, agents and service providers.
17. Notices
All communications relating to this Agreement shall be in writing and delivered by hand or sent by post or telex,
facsimile or electronic mail to the party concerned at the relevant address. Any such communication shall take
effect if delivered, upon delivery; if posted, two business days after it is posted to the party’s last known address; if
sent by facsimile or electronic mail, at the time of transmission (and receipt of confirmation); by telex, upon receipt
of the answer back.
18. Governing Law
This Agreement is governed by and construed in accordance with the laws of Queensland, and the parties submit
to the non-exclusive jurisdiction of the courts and tribunals in that State.
LCL Capital Pty Ltd » ABN: 30 144 973 786 » AFSL No 370951
Suite 223, 3 Oracle Boulevard, Broadbeach QLD 4218 » PO Box 448, Broadbeach QLD 4218 » T: 07 5635 0125 » F: 07 5526 2777
www.lclcapital.com.auINVESTMENT MANAGEMENT AGREEMENT
GUARANTEE & INDEMNITY
In consideration of LCL entering into this Agreement (as amended) and agreeing to enter into the financial products
at the request of the person named as Guarantor herein, the Guarantor as evidenced by execution of this Agreement
hereby unconditionally and irrevocably:
a) Guarantees the due performance, observance and fulfillment by the Client of its obligations herein contained or
implied and on the part of the Client to be performed, observed and fulfilled (whether or not such performance,
observance or fulfillment is or may be for any reason unenforceable in whole or in part); and
b) Indemnifies, as a principal and independent obligation, LCL against any cost, loss, damages, expense, action, claim
or liability which LCL may suffer as a direct or indirect consequence of, or in connection with, any breach by the
Client of, or a failure by the Client to perform, this Agreement or the invalidity or unenforceability of this Agreement.
EXECUTED AS AN AGREEMENT
SIGNED for and on behalf of (the Guarantor)
Name Witnessed by:
Position Name
Signature Signature
Date Date
SIGNED for and on behalf of:
Client Name & ACN
Position
Signature
(2 Signatures required unless
a sole director company)
SIGNED for and on behalf of LCL CAPITAL PTY LTD:
Name
Position
Signature
Date
LCL Capital Pty Ltd » ABN: 30 144 973 786 » AFSL No 370951
Suite 223, 3 Oracle Boulevard, Broadbeach QLD 4218 » PO Box 448, Broadbeach QLD 4218 » T: 07 5635 0125 » F: 07 5526 2777
www.lclcapital.com.auINVESTMENT MANAGEMENT AGREEMENT
SCHEDULE 1
1. Limitations on LCL’s Discretion
Pursuant to Clause 7 of this Agreement, the Client hereby authorises LCL to trade in financial products at the
absolute discretion of LCL and without further reference to, or approval from, the Client, subject to the following
restrictions:
Nominal Account Size: (the dollar amount that will determine the
level of trading in the Account regardless of the amount of actual
funds deposited in the Account).
Actual Account Size: (the dollar amount actually deposited in the
Account).
Financial products to be traded:
Markets to be traded:
Size of open position:
Contracts traded per day:
Other limitations:
2. Commissions, Fees and Approved Counterparty Tables
Commissions
Management fee for managed discretionary account service
[calculated as at the beginning of each month on the balance of the
Client’s account on the last business day of the preceding month,
and charged quarterly.
Performance fee Nil
Approved Counterparties BBY Limited
LCL Capital Pty Ltd » ABN: 30 144 973 786 » AFSL No 370951
Suite 223, 3 Oracle Boulevard, Broadbeach QLD 4218 » PO Box 448, Broadbeach QLD 4218 » T: 07 5635 0125 » F: 07 5526 2777
www.lclcapital.com.auLCL Capital Pty Ltd » ABN: 30 144 973 786 » AFSL No 370951
Suite 223, 3 Oracle Boulevard, Broadbeach QLD 4218 » PO Box 448, Broadbeach QLD 4218 » T: 07 5635 0125 » F: 07 5526 2777
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