The Applicant acknowledges and agrees that:
1. Capitalized terms used in this Application Form are defined in the Rules.
2. The Applicant has read and understood the Rules and agrees to be bound by the Rules, which in accordance with Rule 1.3 have effect as a binding contract.
3. The Applicant satisfies the eligibility requirements specified in Rule 2.2.
4. The Applicant confirms and warrants that:
a. the person signing this Application Form on behalf of the Applicant is properly authorized to do so; and
b. each director, the nominated Participant’s Representative(s) and any other Employee who will be involved in the Applicant’s participation in the CBL Market is a fit and proper person, is of good fame and character and has the required levels of knowledge, experience and competency; and
c. other than to the extent disclosed to the Market Operator in writing, neither the Applicant nor any nominated Participant’s Representative has been subject to any civil penalties, judgments, sanctions or consent decrees arising out of the violation of any law, rule, regulation or ordinance in connection with any commodity market, or securities market, or by the Securities and Exchange Commission, the Commodity Futures Trading Commission, the National Futures Association, or the National Association of Securities Dealers, the Australian Securities and Investments Commission or any commodity or securities exchange or related clearing organization.
5. The Applicant authorizes the Market Operator to use the information provided in and with this Application Form to establish, for the benefit of the Applicant:
a. a Participant’s Market Bank Account;
b. a Participant’s Exchange Cash Account;
c. a Participant’s Exchange Product Account; and
d. subject to the information provided by the Applicant in Exhibit C, one or more Participant’s Market Registry Accounts to facilitate the transfers of different types of Units.
6. The Applicant:
a. authorizes the Market Operator to transfer funds, Units and Products in accordance with the Rules; and
b. has disclosed to the Market Operator in writing in Sub-section D of Exhibit A the nature and extent (if any) of any sales and use tax (or any other tax) that may need to be paid by or to the Applicant through the CBL Market.
7. The Applicant confirms and warrants that the information provided by the Applicant:
a. in Exhibit A – Applicant Details;
b. in Exhibit B – Participant Representative(s) Details;
c. in Exhibit C – Applicant’s Registry Account(s) Details;
d. in Exhibit D – Applicant’s Depository Bank Account Details; and
e. in the documentation provided in accordance with the checklist contained in Exhibit E,
is true and correct as at the time of submitting this Application Form and on each occasion the Applicant/Participant provides the Market Operator with any additional or updated information (including by providing the Market Operator with updated Exhibits to this Application Form).
8. The Market Operator may use credit reference and fraud prevention agencies to ensure the CBL Market is fair, orderly and transparent.
9. The Applicant authorizes the Market Operator to use and share the Applicant’s information and documentation for the purpose of ensuring the CBL Market is fair, orderly and transparent including for the purposes specified in the Rules.
10.The Applicant agrees to comply with the Rules, including in particular the ongoing compliance obligations specified in Rule 3.
Signed for and on behalf of the Applicant identified in Exhibit A by its duly authorized representative: