investment portfolio service

Transcription

1 investment portfolio service

2 overview Cavendish is a specialist administrator of Self Managed Superannuation Funds (SMSFs). Our overriding business objective is to provide our clients the Trustees of the Funds with peace of mind knowing that their Fund is being administered effectively and in compliance with all laws and regulations. The Investment Portfolio reporting and administration service is a complementary extension to the highly regulated superannuation environment. Contemporary thinking, traditional practice. Cavendish has nearly two decades of experience and, in that time, has built a reputation of trust and excellence in a complex field. Our knowledge, combined with best practice systems and technology, has Cavendish accredited by major Australian and international financial institutions including banks, life, share broking and financial advisory companies. This service is for those who need daily online investment reporting and who want confidence that the administration of their portfolio is up-to-date and accurate.

3 i n v e s t m e n t portfolio service Many people manage significant investments outside their superannuation funds and their interests can be broad ranging across shares and securities, managed funds, property and cash. Such portfolios require considerable administrative effort to record purchases and sales, capital gains or losses, income received, franking credits obtained, dividend reinvestment participation and of course, the costs incurred. For many investors, the administrative task is time consuming and an intrusion on the time and effort needed to maximise their investment portfolio s performance. Cavendish Investment Portfolio Service is an efficient and cost effective alternative that tracks all investments, logging all relevant information on receipt of verifying documentation. Cash records, share and managed fund prices, rental and other income are continually updated while the client retains full control of all elements of the portfolio. This service is available both for your non superannuation portfolio and if needed, in conjunction with your SMSF.

4 i n v e s t m e n t portfolio service At the click of a mouse, you have 24-hour access to up-to-date information in respect of your investments while high level encryption ensures specified confidentiality. + Access via Cavendish knows the administrative effort involved in maintaining records. Share and other asset prices can change quickly; cash is continually spent and received. Our investment portfolio service logs it all. Because Cavendish is the mailing address for all relevant portfolio documentation all transactions are captured, recorded and reconciled to provide you with accurate up-to-date investment information.

5 principal features All assets remain in your name or in the name of the investing entity nominated by you. Online access to your portfolio is available on demand and you can view andor print the following information and reports: An up-to-date portfolio valuation; you may view the portfolio by asset class and obtain a portfolio summary Tax summary Realised and unrealised capital gains Income and expenses Transactions listing Trading summary Portfolio performance Cash book Printed quarterly reports available on request. At the end of each Financial Year, Cavendish provides a tax summary detailing all capital gains or losses and the taxable income from each investment in the period under review. Under an Appointment and Authorisation as Portfolio Administrator, Cavendish will also: Prepare and lodge Tax File Number notification forms, dividend re-investment plan forms and direct credit forms Investigate income distributions that have not been automatically reconciled with cash account statements Process and lodge changes of address with relevant institutions Retain paper records for the required statutory periods. All cash is deposited in an authorised cash account and this is reconciled monthly. Record unlisted assets such as property, artwork and collectables based on annual valuations provided by you to Cavendish. Finally, the Investment Portfolio Service can be linked with the Cavendish SMSF compliance administration service to provide on-line access to up-to-date investment information. + Ask your Portfolio Administrator for more information about synchronising the two services to your advantage. Further information can also be found at

6 terms and conditions These Terms and Conditions (including those set out in the Application Form) form the terms and conditions on which the person or entity named in the Application Form (the Investor ) agrees to use the Cavendish Investment Portfolio Service. You are advised to read these Terms carefully before applying to use the Cavendish Investment Portfolio Service and keep them in a safe place for future reference. 1. Parties 1.1 The party or parties named and described in the Application Form as the Investor ( Investor ). 1.2 Cavendish Administration Pty Ltd as the Administrator ( Administrator ). 2. Definitions The following terms have, unless the context otherwise requires, the meanings respectively set out after them. 2.1 Appointment means the appointment of the Administrator pursuant to clause 4; 2.2 ATO means the Australian Taxation Office; 2.3 Corporate Actions means the sale and purchase of investments, the acceptance of rights, bonus issues, stock splits and returns of capital and all other actions affecting the Investor s interest in the Portfolio, excluding the preparation and lodgement of Dividend Reinvestment Plan forms with share registry offices as directed by the Investor; 2.4 Fee Schedule means the schedule of fees produced by the Administrator from time to time in respect of its services; 2.5 Fees means the fees calculated in accordance with clause 11; 2.6 Financial Year means the year ending 30 June; 2.7 GST means a goods and services tax imposed by the GST Law; 2.8 GST Law means the A New Tax System (Goods and Services Tax) Act 1999, A New Tax System (Goods and Services Tax) Regulations 1999 and all associated legislation; 2.9 GST Rate means, at any particular time, the rate (expressed as a percentage) at which GST is payable by the Administrator to the ATO on a Taxable Supply; 2.10 Income Tax Laws means the Income Tax Assessment Act 1936, the Income Tax Assessment Act 1997 and all regulations and rulings made pursuant to those Acts and the GST Law; 2.11 Parties means the parties described in clause 1 hereof; 2.12 Portfolio means the investments recorded in the name of the Investor for which the Investor has agreed to appoint the Administrator; 2.13 Tax Invoice means an invoice as prescribed in the GST Law; 2.14 Taxable Supply is a taxable supply as defined under the GST Law. 3. Appointment of Administrator 3.1 The Investor hereby appoints the Administrator to administer the Portfolio in accordance with these Terms and Conditions with effect from the date hereof, such appointment to continue until terminated pursuant to Clause 8 hereof. 3.2 The Parties hereby expressly declare that neither will assign to any third party any of its duties or responsibilities under these Terms and Conditions without written consent of the other and that these Terms and Conditions together with the Application Form shall be the sole and complete agreement between the parties with respect of the Portfolio, notwithstanding any additional duties imposed upon the Administrator by or on behalf of the Investor. 4. Duties of Administrator During the continuance of the Appointment, the duties of the Administrator in relation to the administration of the Portfolio shall consist of: 4.1 acting only in accordance with written instructions from the Investor or a person authorised to give instructions on behalf of the Investor; 4.2 the provision and maintenance of a computerised system appropriate for the proper administration of the Portfolio; 4.3 the processing and safe storage of all information relating to the Portfolio; 4.4 providing the Investor with on-line internet access to the Portfolio; 4.5 provision of financial information as may be reasonably required by the Investor; 4.6 ensuring in so far as possible that the administration of the Portfolio complies with the Income Tax Laws; 4.7 the preparation of the annual taxation summary; 4.8 such other duties as the Administrator and the Investor shall agree in writing from time to time; PROVIDED THAT the Administrator shall be specifically excluded from effecting Corporate Actions and maintaining a bank account for or on behalf of the Investor or the Portfolio generally. 5. Responsibilities of the Investor The Investor shall be responsible for: 5.1 maintaining an Administrator approved bank account for the Portfolio (or an account with a Cash Management Trust) and for the appointment of the signatories thereto. The Investor hereby agrees to cause to be provided to the Administrator all bank statements relating to the Portfolio and all such other details as the Administrator may require of deposits into and withdrawals from the said account as and when required by the Administrator; 5.2 causing the Administrator to be provided with all such details of transactions relating to the Portfolio as the Administrator may require, including but not limited to changes to the investment portfolio, stockbroker settlement sheets, notifications of reinvestment of income or bonus issues and, in particular, ensuring that the Administrator s postal address is the primary address for all correspondence or documentation relating to the Portfolio. 6. Reporting to the Investor 6.1 The Administrator shall as soon as practicable after each Financial Year prepare and distribute to the Investor a Portfolio statement. 6.2 Where the Administrator agrees to provide information or advice beyond the scope of its duties as set out in these Terms and Conditions, the Administrator may charge a consultancy fee based on the time and materials expended in providing or obtaining the requested information or advice (including disbursements to professional advisers). 7. Information Disclosure and confidentiality 7.1 The Administrator shall regard all information in its possession relating to the Portfolio as confidential and shall take all reasonable steps to ensure that its employees and any subcontractors it deals with in the performance of its duties under these Terms and Conditions do not disclose any information relating to the Portfolio (whether or not that information is confidential or has previously been disclosed by the Investor or a third party) except in the circumstances specified in Clause The Administrator shall disclose only in circumstances permitted by law or considered appropriate by the Administrator in the Administrator s absolute discretion.

7 8. Termination of appointment 8.1 Either party may terminate the Appointment by giving the other party no less than three (3) months written notice of its intention to terminate the Appointment or such shorter period as the parties shall have agreed. 8.2 On termination of the Appointment the Administrator shall make available to the Investor all property, all documents, records and information required for the administration of the Portfolio. 8.3 The termination of the Appointment of the Administrator (whether by its own actions or by the action of the Investor) shall be without prejudice to the accrued rights or remedies of either party. 8.4 Where one of the parties ( the defaulting party ) goes into liquidation, is wound up or dissolved or enters into a scheme of arrangement and is placed under the official management of a receiver or manager, or has committed a breach of these Terms and Conditions the other party shall have the right to terminate the Appointment forthwith by notice in writing to the defaulting party. 9. Resolution of disputes 9.1 Subject to Clause 11.3 if at any time there is a dispute between the parties that is not resolved within ninety (90) days, the parties shall forthwith cause the dispute to be referred to an arbitrator for determination. 9.2 The parties concerned acknowledge that the determination of the arbitrator will be binding upon them. 10. Limitation of responsibility 10.1 The Investor HEREBY AGREES to indemnify the Administrator against any loss, claim or liability suffered or incurred by the Administrator directly arising out of any action taken by the Administrator arising from any written request reasonably believed by the Administrator to be from the Investor or a person authorised by the Investor The Administrator hereby disclaims all or any responsibility for investment decisions or investment performance of the Portfolio together with any taxation liability whatsoever. The Investor HEREBY ACKNOWLEDGES AND AGREES that such investment responsibility or taxation liability shall rest solely with the Investor and the Investor HEREBY AGREES to indemnify and keep indemnified the Administrator against any loss, claims or liability suffered or incurred either directly or indirectly by the Administrator arising out of any investment decision taken by the Investor or taxation liability Where the Investor submits a claim in respect of the services performed by the Administrator, the liability of the Administrator in respect of such claim is limited to an amount equal to the Fees which would be received by the Administrator in the Financial Year in which the claim arises, however, if a claim relates to any fraud or gross negligence of the Administrator then the Administrator will fully indemnify the Investor against any liability thereby arising Nothing in these Terms and Conditions shall be taken to prove or otherwise establish any claim made by or on behalf of the Investor unless written evidence in support of the claim is produced and acceptable to the Administrator in its reasonable opinion. 11. Remuneration of Administrator 11.1 The Administrator shall in consideration of its administration services be entitled to $200 per month payable in advance from the 1st of the month following the Investment Portfolio Service commencement date as specified on the application form and such other fees relevant to the administration of the Portfolio as detailed in the most recent Fee Schedule as issued from time to time and such other fees as agreed between the parties from time to time. The Fees may be adjusted at the discretion of the Administrator on 1 July of each year. Fees payable to the Administrator by the Investor are non-refundable The Administrator shall be remunerated at such greater rate as may be agreed in writing from time to time between the Investor and the Administrator If at any time there is a dispute between the parties as to the amount of remuneration, which the Administrator is entitled to receive pursuant to these Terms and Conditions, the parties shall forthwith cause the dispute to be referred to the a member of the Institute of Chartered Accountants in Australia with more than ten (10) years experience ( Member ) for determination. In making its determination, the Member will act as expert and not as arbitrator. The parties concerned acknowledge that the determination of the Member will be binding upon them. 12. Insurance The Administrator acknowledges that it has and will maintain professional indemnity insurance with a reputable insurer. 13. GST 13.1 Adjustment for GST a) The Fees payable by the Investor are inclusive of GST unless otherwise stated. b) Fees payable by the Investor on a Taxable Supply may be adjusted by the Administrator if the GST Rate of 10% changes Tax Invoice If any Supply under these Terms and Conditions is a Taxable Supply, then the Administrator must provide the Investor with a Tax Invoice. 14. Miscellaneous 14.1 Any notice or other communications to or by a party to these Terms and Conditions must be in writing addressed as shown on the Application Form or to any other address specified by either party to the sender by notice in writing A reference to any legislation or legislative provision includes any regulations or other delegated legislation or instruments made or issued under it and any consolidations, amendments, re-enactments or replacements of it and them and any of them The Appointment shall be governed and construed in accordance with the laws prevailing in the State of South Australia A variation or revocation of any term of these Terms and Conditions must be in writing and signed by the parties No warranty or other provision of these Terms and Conditions merges on completion of these Terms and Conditions Annual Reports or Proxy Forms are not available under this Service These Terms and Conditions supersede all prior agreements and understandings between the parties with respect to its subject matter.

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9 i n v e s t m e n t p o r t f o l i o s e r v i c e application form Portfolio details Portfolio name Company Super Fund Individual Joint Trust Charity Other ABN Individual investors names in full TFN TFN TFN TFN Postal address Contact name Contact numbers Work ( ) Home ( ) Fax ( ) Address Is this portfolio account a Cavendish administered Self Managed Superannuation Fund? Yes No Holder Identification Number (HIN) Participate in DRP Holdings where available Yes No Investment Portfolio Service Commencement Date

10 i n v e s t m e n t p o r t f o l i o s e r v i c e application form (continued) Bank details Account name Financial Institution Branch name BSB - Account number Applicants signature and agreement By signing this Application Form you hereby acknowledge and accept the Terms & Conditions detailed in this brochure and displayed on the Cavendish website at 1. Name Signature 2. Name Signature 3. Name Signature 4. Name Signature Adviser details Adviser name Adviser company Address Work ( ) Fax ( )

11 direct debit request IWe request you Cavendish Administration Pty Ltd (User ID ) to arrange for fees to be deducted from myour nominated account at the financial institution shown below in accordance with the current fee schedule. Client details Investors Names Portfolio Name Nominated account Account name Financial Institution Branch name BSB - Account number Payment Payments are withdrawn on the 7th day of each month (or the next business day) and will include the standard monthly administration fee and any other fees as per this Appointment. Signatures We acknowledge that we have read the terms and conditions detailed on the reverse of this form. Signed Signed Signed Signed

12 d i r e c t d e b i t service agreement Assets are held in the investor s name This document outlines our service commitment to you in respect of the Direct Debit Request (R) arrangements made between Cavendish Administration Pty Ltd (User ID ) and you. It sets out your rights, our commitment to you and your responsibilities to us together with where you should go for assistance. Initial terms of the arrangement In terms of the Direct Debit Request arrangements made between us and signed by you, we undertake to periodically debit your nominated account with the agreed amount for Cavendish Investment Portfolio Service fees. Drawing arrangements The first drawing under this Direct Debit arrangement will occur as specified by your completed Direct Debit Request form. If any drawing falls due on a non-business day, it will be debited to your account on the next business day following the scheduled drawing date. We will give you at least 14 days notice in writing when changes to the initial terms of the arrangement are made. This notice will state any changes to the amount, payment frequency and any other changes to the initial terms. If you wish to discuss any changes to the initial terms, please call us on or by on enquiries@cavendishadmin.com.au Your rights Changes to the arrangement If you want to make changes to the drawing arrangements, contact us on These changes may include: deferring the drawing; or altering the schedule; or stopping an individual debit; or suspending the R; or cancelling the R completely. Enquiries Direct all enquiries to us rather than to your financial institution at least 7 working days prior to the next scheduled drawing date. All communication addressed to us should include all investors names and Investor Code if available. All personal customer information held by us will be kept confidential except that information provided to our financial institution to initiate the drawing to your nominated account. Disputes If you believe that a drawing has been initiated incorrectly, please call us on during business hours. If you are not satisfied with our response you may contact your financial institution who will respond: within 5 business days for claims lodged within 12 months of the disputed drawing; or within 30 business days for claims lodged more than 12 months after the disputed drawing If we cannot substantiate the reason for the drawing you will receive a refund of the drawing amount. Note: Your financial institution will ask you to contact us to resolve your disputed drawing prior to involving them. Your commitment to us It is your responsibility to ensure: your nominated account can accept direct debits (your financial institution can confirm this); and that on the drawing date there are sufficient cleared funds in the nominated account; and that you advise us if the nominated account is transferred or closed. If your drawing is returned or dishonoured by your financial institution, we will contact you or your adviser requesting action to be taken to ensure the required amount is available. We will reprocess the transaction one (1) month after the original request.

13 application and authorisation of portfolio administrator IWe of hereby appoint Cavendish Administration Pty Ltd ABN of 50 Pirie Street, Adelaide in the State of South Australia to be myour Agent ( Agent ). 1. IWe authorise the Agent and any officer or employee of the Agent, on myour behalf to do all things necessary to carry out the Cavendish Investment Portfolio Service including executing all documents and other instruments necessary or proper to carry out the above purposes, including but not limited to changing the address to the Agent s address for all investments held in myour name covered under the Cavendish Investment Portfolio Service. 2. The authority of myour Agent is subject to the following conditions, limitations or exclusions: 2.1 this document is subject in all respects to the terms, conditions and limitations of the appointment between the Agent and you dated on or around the date of this document; 2.2 IWe agree to ratify any acts done by the Agent pursuant to this document; 2.3 IWe agree to indemnify and keep indemnified the Agent against all claims, losses and expenses arising from the due and proper exercise of its powers under this document; 2.4 that any person or corporation dealing with the Agent may accept in good faith a written statement signed by the Agent to the effect that this agency appointment has not been revoked or terminated as conclusive evidence of that fact; 2.5 that this document will remain in full force and effect until notice of the termination of this appointment is given by either party to each other at least 30 days in advance. Notice of the termination of this appointment must be in writing; 2.6 that the exercise by the Agent of any power under this document does not imply an assumption of personal liability by the Agent on the exercising of the power. Signed as acceptance of the above terms and conditions This day of 20 FOR INDIVIDUALS FOR COMPANIES DirectorSecretary DirectorSecretary Cavendish Administration Pty Ltd by signing below hereby accepts the appointment as Agent effected hereunder. Authorised signatory Authorised signatory

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15 Proudly, independently, Australian. + You can find comprehensive information about our Investment Portfolio Service at: + And Self Management Superannuation Service at: + Toll free: admin@cavendishadmin.com.au

16 Cavendish Administration Pty Ltd ABN