I/we declare and agree to each of the following:
- I/we have received the current PDS and have read and understood the PDS to which this Initial Application Form relates.
- the details given in this Initial Application Form are true and correct.
- I /we agree to be bound by the terms, conditions and declarations contained in the PDS and in this Initial Application Form as well as the provisions of the Constitution of the Fund as amended from time to time.
- I/we declare that in making a decision to invest, the only information and representations provided in relation to the Fund are those contained in the PDS to which this Initial Application Form applies, and if applicable, together with the other important information taken to form part of the PDS.
- If I/we have provided an email address, I/we consent to receive ongoing investor information including PDS information, confirmation of transactions and additional information as applicable via email and/or the www.rocp.com.
- I/we have legal capacity and power to make an investment in accordance with the application.
- If this is a joint application, each of us agrees that our investment is as joint tenants. Each of us is able to instruct The Trust Company (RE Services) Limited ABN 45 003 278 (or the administrator) and bind the other to any transaction, including investments or withdrawals, as well as make any changes to the account, by any available method.
- If investing as trustee on behalf of a super fund or trust, I/we confirm that I am/we are acting in accordance with my/our designated powers and authority under the relevant trust deed. In the case of a super fund, I/we also confirm that it is a complying fund under the Superannuation Industry (Supervision) Act 1993 (Cth).
- If signed under power of attorney, the attorney verifies that no notice of revocation of that power has been received.
- I/we acknowledge that none of The Trust Company (RE Services) Limited ABN 45 003 278 831 or any of their related entities, officers or employees or any related company or any of the appointed service providers including the investment manager and custodian guarantee the repayment of capital or the performance of the Fund or of any particular rate of return by the Fund.
- I/we agree to the anti-money laundering and counter-terrorism financing statements contained in the PDS. I/we agree to provide further information or personal details to The Trust Company (RE Services) Limited and the custodian if required to meet their obligations under any anti-money laundering and counter-terrorism law and regulations, and acknowledge that processing or my/our application may be delayed and will be processed at the next unit price applicable following when all required information has been received and verified.
- I/we have read and understood the privacy disclosure as detailed in the PDS. I/we consent to my/our personal information being collected, held, used and disclosed in accordance with the privacy disclosure. I/we consent to The Trust Company (RE Services) Limited (or the administrator) disclosing this information to my/our financial adviser (named in this form) for units in the Fund. Where the financial adviser no longer acts on my/our behalf, I/we will notify The Trust Company (RE Issuer) Limited of the change.
- If I/we have appointed an authorised representative, I/we release, discharge and indemnify The Trust Company (RE Services) Limited from any loss, expense, action or other liability which may be suffered by, brought against me/us or The Trust Company (RE Services) Limited for any action or omissions by the authorised representative whether authorised by me/us or not.
- I/we certify that the information provided in the separate Identification Forms, including information relating to tax-related requirements, is reasonable based on verifiable documentation.
I/we acknowledge and agree that:
- The Trust Company (RE Services) Limited may be required to pass on my/our personal information or information about my/our investment to the relevant regulatory authorities, including for compliance with anti-money laundering and counter-terrorism law and regulations as well as any tax-related requirements for tax residents of other countries.
Additional declaration, acknowledgment and agreement for New Zealand investors:
- I/we received and accepted this offer in Australia or New Zealand.
- I/we understand that the PDS is not a product disclosure statement or other disclosure document under New Zealand law and that there are likely to be differences between the information provided in a PDS under Australian law compared to a product disclosure statement or other disclosure document under New Zealand law.
- I/we have read and understand the ‘Information for New Zealand Investors’ section and the warning statement in the Important Information section in the current PDS.
I/We confirm that I/We understand that:
• the usual legal rules that require information to be given to investors for offers of financial products do not apply if the amount invested upfront by me/us (plus any other investments I/we have already made in those financial products) is NZ$750,000 or more; and
• I/We may not receive a complete and balanced set of information about this investment; and
• I/We have fewer legal protections for this investment; and
• This investment is not suitable for retail investors; and
• I/We have been advised to ask questions, read all documents carefully, and seek independent financial advice.
Additional declaration, acknowledgment and agreement for New Zealand investors who provide a client money or client property service:
I/we have accepted this offer on the instructions of, and within our authority from, each underlying investor.
In respect of each underlying investor, either:
• I/we have obtained from that underlying investor and hold on behalf of The Trust Company (RE Services) Limited (and Roc Capital Pty Ltd) a valid wholesale investor (safe harbour) certificate for the purposes of clause 44 of Schedule 1 of the Financial Markets Conduct Act 2013 (NZ) (FMCA), in a form substantively similar to that set out in Section 10. The wholesale investor (safe harbour) certificate is dated within the past 12 months. I/We do not believe, and have no reason to believe, that the underlying investor is not a wholesale investor within the meaning of clause 3(2) of the FMCA; or
• the initial investment of that underlying investor is NZ$750,000 or more and that underlying investor has received the warning statement and provided the acknowledgement prescribed for wholesale investors of this type under clauses 4 and 5 of Schedule 8 of the Financial Markets Conduct Regulations 2014 (NZ).
• I/We agree to provide any wholesale investor (safe harbour) certificate referred to above to The Trust Company (RE Services) Limited or Roc Capital Pty Ltd promptly upon request at any time.
• I/We acknowledge that The Trust Company (RE Services) Limited and Roc Capital Pty Ltd are relying on me/us to satisfy the relevant requirements for a wholesale offer under the FMCA and indemnify them (to the maximum permitted by law) against any cost, expense, loss or liability (including any civil penalty) either or both of them may incur in the event that we do not comply with the requirements above or any of the declarations above are not true.
Self Certification
For an individual (self) :
I declare that:
1. The information provided is accurate and complete.
2. I undertake to notify Perpetual of any change in circumstances which affects my declaration above within 30 days of the change.
3. I consent to Perpetual sharing this information with the relevant tax authorities
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For an authorised signatory of the Entity :
I have been authorised by the entity to declare that:
1. The information provided is accurate and complete.
2. The Entity undertakes to notify Perpetual of any change in circumstances which affects my declaration above within 30 days of the change.
3. The Entity consents to Perpetual sharing this information with the relevant tax authorities.
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For an Adviser of an Individual/Entity :
I have been authorised by the individual/entity to declare that:
1. The information provided is accurate and complete.
2. The Entity/Individual undertakes to notify Perpetual of any change in circumstances which affects my declaration above within 30 days of the change.
3. The Entity/Individual consents to Perpetual sharing this information with the relevant tax authorities.