New Client Documentation
Scope of Service:
To maximize the value of your investment in direct equities and direct bond/fixed interest investments listed on the New Zealand and Australian sharemarkets.
Principal Account Holder
Full Legal Name
Account Name: (If Family Trust, Corporate, etc.)
ZIP / Postal Code
Postal Address (if different from registered address)
Address Line 2
State / Province / Region
ZIP / Postal Code
Antigua and Barbuda
Bonaire, Sint Eustatius and Saba
Bosnia and Herzegovina
British Indian Ocean Territory
Central African Republic
Congo, Democratic Republic of the
Congo, Republic of the
French Southern Territories
Heard and McDonald Islands
Isle of Man
Lao People's Democratic Republic
Northern Mariana Islands
Palestine, State of
Papua New Guinea
Saint Kitts and Nevis
Saint Pierre and Miquelon
Saint Vincent and the Grenadines
Sao Tome and Principe
Svalbard and Jan Mayen Islands
Trinidad and Tobago
Turks and Caicos Islands
US Minor Outlying Islands
United Arab Emirates
Virgin Islands, British
Virgin Islands, U.S.
Wallis and Futuna
(If different from above)
Date of birth
MM slash DD slash YYYY
Telephone number (at least 1 required)
Registration Names (Trusts)
(Trustees' full names)
IRD number /s
Holder no. / CSN
Bank account details:
To satisfy Ellis Bros’ obligations under the Financial Transactions Reporting Act 1996, Anti-Money Laundering & Countering Financing of Terrorism Act 2009 and NZX Participant Rules, please provide these three forms of ID: (a) A photocopy of your current valid Passport, or NZ Drivers License, certified by you. (b) A pre-printed bank deposit slip or bank statement for an account in your name. (c) Evidence of your current residential address (rates, utility, bank or credit-card bill) Corporate investors must provide a copy of the Certificate of Incorporation, and identification as above for the directors/authorized persons that operate the account. All Trustees must provide personal identification as above, a certified copy of the Trust Deed, and a certified copy of any later deed relating to the appointment or retirement of Trustees.
Additional ‘Authorized Person’ Details: (Complete if you wish to authorize any other person to operate this account on your behalf)
Date of Birth:
MM slash DD slash YYYY
Relationship To You:
MOTHER’S MAIDEN NAME (OR OTHER PASSWORD):
b. Voluntary personal data required to be sought by securities legislation:
(Explanatory note: New regulations relating to financial advisory firms require that prospective clients be thoroughly canvassed about their personal financial positions, so as to provide sufficient data for their advisor to construct an appropriate investment portfolio. Depending on the investor’s needs he/she may opt to participate fully or partially in the questionnaire, or decline to do so. In either event, Ellis Bros will seek to provide an optimum investment outcome based on whatever information/directions are provided.)
Employment Status (Circle):
(a) annual gross income: $
(b) est. net worth: $
CURRENT INVESTMENT PORTFOLIO ATTACHED:
(a) Maximise Capital Growth (b) Maximise Income - Capital Preservation (c) Balanced Return - Moderate Income and Capital Growth
1. YOUR INVESTMENT GOALS:
(a) Short- Term (one to three years)
(b) Medium-Term (three to five years)
(c) Long-Term (over five years)
2. YOUR INVESTMENT PRIORITIES:
Please rank the following in order of importance from 1 to 10 (where 1 is the most important):
Management of Surplus Cash Flow
Security of Capital
Protection Against Inflation Liquidity
3. RISK ASSESSMENT:
How would you describe your attitude to investment risk? (Tick one)
Defensive (Conservative) - Risk must be very low and you are prepared to accept lower returns to protect capital. Negative effects of tax/inflation will not concern you provided your initial investment is protected.
Moderate (Cautious) - You seek better than basic returns, but the risk must be low. Typically an investor seeking to protect the wealth that you have accumulated, you may be prepared to consider less aggressive growth investments.
Balanced (Prudent) - You want a balanced portfolio to work toward medium to long-term financial goals. You require an investment strategy that will cope with the effects of tax and inflation. Calculated risk wilt be acceptable to you to achieve good returns.
Growth (Assertive) - Growth investors generally earn sufficient income to invest most funds for capital growth. Prepared to accept higher volatility and moderate risks, your primary concern is to accumulate assets over longer term. Based on a balanced portfolio, but more aggressive investments may be included.
High Growth (Aggressive) - Prepared to compromise portfolio balance to pursue potentially greater longterm returns. Your investment choices are diverse, but carry with them a higher level of risk. Security of capital is secondary to the potential for wealth creation.
4. IF THERE IS ANY OTHER INFORMATION THAT YOU THINK MAY BE USEFUL TO ELLIS BROS TO FULLY UNDERSTAND YOUR INVESTMENT EXPERIENCE/S, NEEDS, OBJECTIVES, AND FINANCIAL POSITION, PLEASE ADD IT HERE:
IN CONFIRMING MY INTENTION TO APPLY TO OPEN A RETAIL CLIENT ACCOUNT WITH ELLIS BROS, I/WE:
A. Declare that the information given including personal, address and occupation details are true and correct and I am /we are not less than 18 years of age.
B. Accept to be bound by the Client Terms and Conditions set out below, and as amended from time to time. C. Acknowledge that unless otherwise agreed in writing, the Terms and Conditions apply to all Buy and Sell orders placed by myself/ourselves or by my authorized representative. D. Acknowledge that where any person is shown as my/our authorized representative, that representative is authorized to place Buy and Sell orders on my/our behalf and that I/we accept full responsibility for all transactions entered into on behalf of the joint account or company account. E. Hereby authorize any person or organization to provide Ellis Bros such personal information as it may require to process this application and to maintain the accuracy of the personal information so collected. I/we further authorize Ellis Bros to disclose to any third party details of this application and any subsequent dealings I/we have with Ellis Bros as a result of this application being actioned, and for the purposes of recovering amounts payable by me/us, and the collection of credit references for the purposes of operating my Ellis Bros Client Account, dealing with securities on my behalf pursuant to this application, and complying with any statutory or regulatory requirements. I/ we understand that if I/we fail to provide the above information, Ellis Bros may refuse to process this application. I/we further understand that, pursuant to the Privacy Act, I/we have a right of access to the information collected by Ellis Bros and me/us and to request that this information be corrected. Ellis Bros may also record phone calls for the purpose of resolving disputes about transactions made over the phone. The information will be held at the office of Ellis Bros at 41 Taharoto Rd, Takapuna, Auckland.
TERMS AND CONDITIONS
1. Ellis Bros’ base rate Brokerage Charge is 1% (NZX minimum charge $NZ60; ASX minimum charge $A80). Brokerage rates are subject to change. 2. All BUY orders accepted by Ellis Bros that are completed in whole or in part will attract the base brokerage rate. Full payment must be received by Ellis Bros (or its agent) on or before the third business day after the date on the contract note. 3. Where payment has not been received by Ellis Bros by the fourth business day after the contract date, securities purchased in terms of BUY orders may be sold by Ellis Bros at any time thereafter with any losses or charges, including brokerages costs, being debited to the client’s account and any profits being forfeited to Ellis Bros. 4. All SELL orders that are completed in whole or in part will attract the base brokerage rate. At the time of placing a SELL order with Ellis Bros, sufficient securities must be available to cover the order. 5. All trades will be settled as instructed on the due settlement date which is trade date plus three business days. If you have a current call account (i.e. Direct Broking Call Account) that runs in tandem with your Ellis Bros equities account, funds will automatically be credited to this account unless Ellis Bros is advised to the contrary. Otherwise payment will be direct credited to the client’s designated bank account. Where no bank account has been nominated, payment will be made by cheque mailed to the seller’s latest address as recorded by Ellis Bros. The exception is when public holidays in New Zealand or Australia occur during the three-day period. This will extend the due date for settlement. 6. Changes to existing orders, including cancellation, may be accepted by Ellis Bros at its absolute discretion but such acceptance will always be subject to confirmation that the order has not already been partially transacted or complete. 7. The sale of securities on behalf of a person other than the registered Ellis Bros account holder requires either an indemnity or written authority where required by Ellis Bros or a signed declaration and two forms of ID from the registered owner of the security. 8. Ellis Bros reserves the right to alter brokerage rates, terms and conditions. Any change will become effective immediately after the date that notice of the change is given or, if later, on the date stated for that purpose in such notice. Unless otherwise stated existing orders will not be affected. 9. The posting of a letter or the sending of an email containing a notice to the latest address recorded by Ellis Bros for the client or a notice placed in a major newspaper will be sufficient notice. 10. The client agrees to notify Ellis Bros forthwith of any change of address, phone numbers and/or bank account. 11. All transactions are covered by the rules and regulations of NZX and ASX, which will override these terms and conditions to the extent of any inconsistency.
- Ellis Bros will arrange the issue of contract notes confirming details of trades once they are completed. Where a client has provided Ellis Bros with an email address, Ellis Bros may make such confirmation by email. Ellis Bros will accept changes to any uncompleted order if that order has not already been actioned. - Ellis Bros will cancel automatically all price limit orders on the NZX and ASX on the 14th business day after the order was initially placed (if wholly or partially unfilled). The client is responsible for reinstating the order. - Where Ellis Bros arranges any additional amounts on behalf of issuers (e.g. application money payable in addition to “rights”), the full transaction amount will attract Ellis Bros’ base brokerage rate. - Ellis Bros may require new clients to provide a proportion of funds up-front as security when they first purchase securities. - Payment in advance is at the discretion of Ellis Bros.
Unlisted securities are not covered by the rules and regulations of NZX, so settlement of trades varies from the trade-date-plus-three-days rule that applies to NZX/ASX trades. Unlisted companies are not required to advise the public of dividends, new issues, or minimum holdings. They may not publish their company reports. All transactions are at the clients’ own risk.
LAST UPDATED AS AT 19 SEPTEMBER 2012 Pursuant to the disclosure requirements in the Financial Advisers Act 2008 and the Financial Advisers (Disclosure Regulations) 2010, the following disclosures are made for your protection by Stephen Mellor ELLIS (operating under the trading name Ellis Bros sharebrokers). Steve is an Authorised Financial Adviser, registered under the number FSP39221. As an AFA, Steve is subject to the terms and provisions of a Code of Professional Conduct, which ensures he meets minimum standards for ethical behavior, client care, knowledge, skills and competence and continuing professional development. no criminal convictions or other relevant offences Neither Ellis Bros nor Steve have been convicted of an offence under the Securities Market Act 1988, the Securities Act 1978, nor of a crime involving dishonesty, nor been a principal officer of a body corporate at a time when that body corporate committed one of these offences, nor been adjudicated bankrupt, nor been prohibited by a law or court from taking part in the management of a company or business, nor been the subject of an adverse finding by a court in any civil or criminal court action that has been taken against Steve in a professional capacity, nor been expelled from, or has been prohibited from being a member of, a professional body. no statutory management or receivership Ellis Bros has never been placed in statutory management or receivership complaints - dispute resolution facilities If you are not satisfied with the service you have received from us you should contact us. We have an internal complaints process and undertake to investigate your concerns promptly and fairly. You may contact us to make a complaint by telephone, by email or in writing. We are a member of an independent dispute resolution scheme operated by Financial Services Complaints Limited ( “FSCL”) and approved by the Ministry of Consumer Affairs. We have 40 days to respond to your complaint. If you are not satisfied by our response, you may refer the matter to FSCL by emailing firstname.lastname@example.org or calling FSCL on 0800 347257. Full details about the FSCL scheme can be obtained on their website www.fscl.org.nz. There is no cost to you to use the services of FSCL. types of securities advised on (limited advice notice) Steve has extensive experience advising about New Zealand and Australian shares, passive International Equities funds traded on the NZX and ASX platforms, Initial Public Offerings, Government Stock, Local Authority Issues, Corporate Bonds, Capital Notes, and Investment Trusts. Any and all advice offered by Steve is strictly limited to these financial products. qualifications Steve was acknowledged as a Foundation NZX Broker in June 2003. Previously, he was a Member of the New Zealand Stock Exchange from 1991. He is a Licensed Sharebroker. Steve maintains up-to-date business knowledge through daily involvement in and observation of the securities markets, reading broker research and economic reports, financial newspapers, general articles on investment and investment products, and attending seminars on companies, investment products and markets. experience Steve commenced his career in sharebroking industry in 1985 after time as a financial journalist. After joining Whiteman & Co. as a research analyst, he became an institutional advisor with that firm. In 1991 joined Fay, Richwhite Equities as a senior institutional dealer. In 1994 Steve moved to Dunedin to open the branch office of Buttle Wilson Ltd, and subsequently established Ellis Bros in that city in November 1995. fees and remuneration details Ellis Bros and Steve are remunerated by commission. It comprises a percentage of the brokerage received from clients on secondary market equity and fixed interest transactions, and firm allocation fees received from primary issuers. Standard brokerage is 1% of the dollar-value of each transaction unless special rates are agreed by mutual consent (minimum brokerage fees are $NZ60 and $A80 on NZX/ASX transactions respectively). Ellis Bros may also charge advisory fees on portfolio administration, reporting and valuation, and will be agreed with you before you open your account. procedures for dealing with investment money Ellis Bros does not handle client funds or assets. All secondary market equity and fixed interest transactions are executed through Ellis Bros’ NZX-Accredited Delivery and Settlement Agent, ANZ NZ Securities Ltd. ANZ NZ Securities holds and administers assets belonging to clients in a fiduciary capacity, and account for and safeguard client assets at all times. Client applications for primary issues are payable directly by cheque to the respective issuer. record keeping Ellis Bros’ Delivery and Settlement Agent, ANZ NZ Securities Ltd, keeps a full set of accounting records showing the receipt and disbursement of all money and the movement of all securities and other property held on your behalf. You may request details of your transactions at any time. auditing Ellis Bros’ Delivery and Settlement Agent, ANZ NZ Securities, is an NZX-Accredited Firm and is subject to the NZX Participant Rules. It is also subject to periodic audit by NZX Broker Compliance. ANZ NZ Securities is also audited by external qualified auditors.
ACKNOWLEDGEMENT (must be signed and returned to Ellis Bros)
The current regulatory framework requires evidence that Ellis Bros has provided certain information, and have explained certain requirements and/or obligations and provided this information to you. Please acknowledge the following: Disclosure Statement I/We acknowledge that I/we have received a current Ellis Bros Disclosure Statement from the adviser named in this document. Provision of information I/We acknowledge the advantages of undertaking a full suitability (needs/risk) analysis and the need to provide relevant personal and financial information and by not doing so I/we risk receiving advice or product recommendations that may not be appropriate to my/our needs. Scope of service I/We understand the services being provided are restricted to the scope of service or subject to specific limitations indicated on the first page. Any limitation of service is at my request and the financial adviser has not directed or influenced me/us to seek limited advice. Terms and Conditions I/We have read the declarations, terms and conditions of operating an equities account with Ellis Bros (reproduced below) and agree to be bound by them.