I/we declare, agree, acknowledge and/or warrant that:
• I/we have received an electronic or paper copy of the current PDS, Target Market Determination and all Fund Updates available at www. pmcapital.com.au (collectively the ‘PDS’) to which this Application applies. The Application Form was attached to the current PDS. I/we have read and understood the PDS, and agree to be bound by the terms and conditions of the PDS and the Constitution for the Fund, as may be amended from time to time;
• Where I/we am/are a New Zealand investor, I/we have also received the PM Capital New Zealand Investors Information Sheet (NZIS) including the Warning Statement, I/we have read and understood it, and agree to be bound by the terms and conditions of the NZIS;
• I/we have completed the Target Market Determination section of this Application Form relating to the Target Market and confirm that my/our investment objectives are in line with those of the Fund/s I/we are investing in;
• I/we have received the PDS, and completed the Application Form, whilst located in Australia or New Zealand;
• All details in this Application are true and correct in every detail and should any details change I/we will promptly notify the Issuer. I/ we understand that this Application Form does not form part of the PDS;
• I/we have read the pages of the PDS containing the information on privacy and personal information. My/our personal information can be used by the Issuer, and shared with a regulatory authority or the Issuer’s related bodies corporate or service providers as necessary, to allow the proposer administration of my/our investment, or to provide other investment opportunities being promoted by the the Issuer;
• None of the Issuer, its directors, officers or employees, or any of its related bodies corporate, its directors, officers or employees, or agents and service providers have provided any investment, financial or taxation advice, or guarantees the performance of the Fund or the repayment of capital or of any particular rate of return, or any distribution. I/we have read the pages of the PDS containing the information regarding risks and taxation, and I/we represent that we did not in any way rely on this information and I/we have sought our own specific and detailed financial and taxation advice regarding an investment in the Fund prior to making our investment decision;
• The Fund is subject to risks, and their investment strategy is subject to change from time to time, and I/we accept the possible volatility, illiquidity, and possible loss, of my/our investment capital. Investments in the Fund are not deposits with or other liabilities of the Issuer or related bodies corporate, affiliates, associates or officers of any of the above entities;
• I/we am/are have the legal power and capacity, to invest in accordance with this Application, and PDS, and, if I/we am/are a New Zealand investor, the NZIS;
• If I/we am/are resident in a jurisdiction other than Australia or New Zealand, I/we represent and warrant that I/we am/are authorised to invest in the offer without the Issuer, the Fund, and/or PDS being registered and/or authorised by the regulator in the country in which I/ we am/are domiciled. I/we fully indemnify the Issuer for all costs, fee, fines and/or any other regulatory charges that may be incurred by the Issuer as a result of accepting my Application;
• If signing on behalf of a company as a sole signatory, that I am signing as a sole director and sole secretary of the company, and/or if investing as trustee, on behalf of a superannuation fund or trust, that I/we am/are acting in accordance with my/our designated powers and authority under the trust deed. In the case of a superannuation fund, I/we also confirm that it is a complying fund under the Superannuation Industry (Superannuation) Act 1993;
• in the case of joint Applications, the joint Applicants agree that unless otherwise expressly indicated on this Application Form, our investment is as joint tenants and either Applicant is able to operate the account and bind the other Applicant for future transactions, including additional deposits and withdrawals, including withdrawals by fax;
• I/we have read the pages of the PDS containing the information on fees and other costs. I/We understand the methodology under which all fees are charged, including that the performance fees are calculated on a unit-by-unit basis and charged to the Fund as a whole;
• the Issuer (or its agents) may apply the TFN, ABN, or other taxpayer identification number provided in this Application Form and authorise it to be applied to all future Applications and redemptions for units, including reinvestments, unless I/we otherwise advise;
• the Issuer (and its agents) is authorised to provide my personal information to my financial adviser and their dealer group, details of whom are set out in Section 5, and/or to other parties where I have provided the Issuer with the instruction to do so;
• I/we consent that where I/we have provided an email address and/or agreed to have access to Online Services, the Issuer may deliver and make reports, statements and other communications available in electronic form, such as e-mail or by posting on a website instead of by physical delivery;
• I/we release and indemnify the Issuer against any liabilities whatsoever arising out of it (or its agents) acting on any information provided by me, or any communications received by fax, email or by any other means. I/we acknowledge that any communication is validity taken by the Issuer to be from me/us if it includes my/our account/investor number;
• the Issuer reserves the right to not accept, or to amend, any Application Form in its absolute discretion;
• If at any time where the Issuer determines (in its sole discretion) that:
- I/we are ineligible to hold units in the Fund, and/or have provided misleading, inadequate and/or incomplete information in my/our Application Form and CI documentation (initially or in the future); or
- I/we owe amounts to the Issuer (or directly/indirectly to any regulatory body);
then I/we irrevocably appoint the Issuer as my/our agent to submit a redemption request on my/our behalf for all or part of my/our units (as required) in the Fund and garnish (as necessary) the redemption proceeds to satisfy my/or obligations;
• I/we have provided all information in relation to allowing me/us and the Issuer to comply with all obligations under the relevant AML/CTF and FATCA/CRS laws and regulations, and that to the best of my knowledge and belief this information is accurate and complete. I/we will comply and will continue to comply with applicable AML/CTF laws and regulations, including but not limited to the law and regulations of Australia in force from time to time (AML/CTF Law). Unless declared in Section 6, I/we am/ are not a ‘politically exposed’ person(s) or organisation(s) for the purposes of any AML/CTF Law. I/we am/are not aware and have no reason to suspect that the moneys used to fund my/our investment have been or will be derived from or related to any money laundering, terrorism financing or similar activities illegal under applicable laws or regulations (‘illegal activity’); or that the proceeds of my/our investment in a Fund will be used to finance any illegal activities;
• I/we acknowledge and agree that information contained in this Application and information regarding the account(s) may be provided to the ATO, and they may exchange this information with the country or countries in which I/the account holder am/is resident for tax purposes. I/we undertake to advise the Issuer promptly of any change in circumstance which causes the information contained herein to become incorrect, and to provide a suitably updated information and FATCA/CRS self-certification within 30 days of such changes in circumstances. I/we certify that I/we am/are authorised to sign on behalf of this account for which the FATCA/CRS declarations relate, and undertake to notify all persons (if any) of the completion of my/our declarations, and that their information may be shared with the authorities of the country in which they are resident for tax purposes; and
• I/we am/are not a US Person(s), and I/we am/are not intending to, and will not, hold the units on behalf of a US Person(s).