I acknowledge declare and agree that by signing this application form:
• I have received and read the Information Memorandum to which this Application Form applies and have received and accepted the offer to invest in the Indian Pacific Fund.
• I declare that I am a wholesale client as defined in section 761G or 761GA of the Corporations Act and I have provided a Wholesale Investor Declaration Form as shown in Attachment 6 should my investment be less than A$500,000.
• I am an individual over 18 years of age, or I am a duly registered company, and have the legal power to invest in accordance with this application.
• I am a professional investor under the Corporations Act or other investor that does not require disclosure under the Corporations Act 2001, including in respect of each additional investment application (unless I/we notify Indian Pacific Fund).
• I have read carefully and understood I am applying solely on the basis of the Information Memorandum dated 5th July 2016 and this completed application form,
• I agree to be bound by the terms of the Constitution governing the Fund, this completed application form and the current Fund Information Memorandum, as amended or issued from time to time.
• That the Trustee is authorized to apply the Tax File Number or ABN provided above to all future applications for Units, including reinvestments, unless I otherwise advise the Trustee.
• That the units in the Fund do not represent deposits with, or other liabilities of Indian Pacific Fund or, the Trustee or Investment Manager.
• That holding units in the Fund is subject to investment risk, including possible delays in repayment, loss of income and principal invested.
• That I/ We have such knowledge and experience in financial and business matters or we have obtained advice from a financial advisor such as I am capable of evaluating the merits and risks of my/our acquisition of the Units.
• That the performance of the Fund, nor any particular return from, or any repayment of capital invested in the Fund is guaranteed by the Trustee, the Investment Manager, the Custodian, the Auditor, or any of their subsidiaries or any other person or organization and I/we understand the risks involved in investing in the Fund.
• I/We acknowledge that due to anti-money laundering requirements, the Administrator and/or the Trustee may require proof of identity before the application can be processed and the Trustee and/or the Administrator be held harmless and indemnified against any loss ensuing due to the failure to process this application, if such information has been required by the parties hereto has not been provided by me/us.
• I acknowledge that the Trustee may be required to pass on information about me or my investment to the relevant regulatory authority in compliance with the AML Act. I will provide such information and assistance that may be requested by the Trustee to comply with its obligations under the AML Act and I indemnify it against any loss caused by my failure to provide such information or assistance.
• I/We consent to the Trustee, the Investment Manager or Administrator disclosing, in connection with AML/ CTF Laws, any of my/our Personal Information (as defined in the Privacy Act 1988 (Commonwealth) and its amendments) that they may have. AML/CTF TERMS AND CONDITIONS
AML/CTF TERMS AND CONDITONS
• Each of the Trustee, the Investment Manager and Administrator are required to comply with the AML/CTF Laws and I/we undertake to provide them with such additional information or documentation as may be requested of me/us, from time to time, to ensure its compliance with such requirements.
• By making this application and holding units in the Fund;
• I/We will not knowingly do anything to put the trustee, the Investment Manager or Administrator in breach of AML/CTF Laws, and agree to promptly notify each of them if I/we am/are aware of anything that would put them in breach of AML/ CTF Laws.
• I/We acknowledge that I/we am/are not aware and have no reason to suspect that:
• the money used to fund my/our investments in the Fund is derived from or related to money laundering, terrorism financing or similar activities (Illegal Activities); and
• proceeds of my/our investments in the Fund will fund Illegal Activities.
I/We consent to the trustee, the Investment Manager or Administrator disclosing, in connection with AML/CTF Laws, any of my/our personal information (as defined in the Privacy Act 1988 (Commonwealth) and its amendments) that they may have.
• I/We acknowledge that in certain circumstances my/our units may be frozen or blocked where it is used in connection with Illegal Activities or suspected Illegal Activities. Freezing or blocking can arise as a result of the monitoring that is required by AML/CTF Laws. If this occurs, neither the Trustee, the Investment Manager nor the Administrator is liable to me/us for any consequences or losses whatsoever and I/we agree to indemnify them if they are found liable to a third party in connection with the freezing or blocking of my/our units.
TAX INFORMATION
• I/We will provide the trustee or its nominee any information that the Trustee reasonably requires in order to enable the Trustee to meet all of its compliance, reporting and other obligations under the United States of America Foreign Account Tax Compliance Act (‘FATCA’) and OECD Common Reporting Standards (‘CRS’) and all associated rules and regulations from time to time.
• I/We understand that where I/we have provided the Trustee or its nominee with information about my status or designation under or for the purposes of FATCA, CRS and all associated rules and regulations, the Trustee will treat that information as true and correct without any additional validation or confirmation being undertaken by the Trustee except where it is under a legal obligation to do so.
• I/We consent to details relating to my/our application and holdings being disclosed to companies associated with Indian Pacific Fund which perform marketing and investor servicing duties.
• I/We, hereby confirm that the Trustee and the Administrator are each authorized and instructed to accept and execute any instructions in respect of this application and the Units to which it related given by me/us by mail, email or facsimile. If instructions are given by me/us by mail, email or facsimile, I/we acknowledge that the onus is on me/us to ensure that such instructions are received in legible form, and I/we undertake to confirm them in writing. I/we hereby indemnify the Trustee, the Directors and the Administrator and agree to keep each of them indemnified, against any loss of any nature whatsoever arising to each of them as a result of any of them acting on post, email or facsimile instructions. The Trustee and the Administrator may rely conclusively upon and shall incur no liability in respect of any action taken upon any notice, consent, request, instructions or other instrument believed, in good faith, to be genuine or to be signed by properly authorised persons.
• I acknowledge that the Trustee reserves the right to reject any application.