product disclosure statement - westpac · 1 230511 important notices / disclaimers this is a...
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230511
IMPORTANT NOTICES / DISCLAIMERS
This is a Product Disclosure Statement (PDS) prepared by
MF Global Australia Limited (MFGA). The date of this PDS
is 23 May 2011. This PDS relates to contracts for difference
in respect of underlying instruments which are futures
contracts over market indices and commodities, where
those futures contracts are quoted on a futures exchange in
Australia, the United States and other jurisdictions specified
by MFGA (Index and Commodity CFDs). MFGA offers two
types of Index and Commodity CFDs: Expiring CFDs and
Rolling CFDs. Throughout this document the general term
“Index and Commodity CFD” is used to refer to both Expiring
CFDs and Rolling CFDs.
with key centres in London, Chicago, Hong Kong, New York,
Singapore, Sydney, Taiwan and Mumbai. The MF Global
group operates on more than 50 exchanges and holds
memberships on most of the major futures and securities
exchanges worldwide. MFGA is a trading participant of
both the ASX and ASX24 and a clearing participant of their
respective clearing facilities ASX Clear Pty Limited and ASX
Clear (Futures) Pty Limited.
WARNING
Index and Commodity CFDs are speculative products that are highly leveraged and carry significantly greater risk than non-geared investments such as share trading. You should not invest in Index and Commodity CFDs unless you are experienced in derivatives and understand and are comfortable with the risks of investing in Index and Commodity CFDs.
You should obtain your own financial, legal, taxation and other professional advice as to whether Index and Commodity CFDs are an appropriate investment for you.
This PDS is important and should be read in its entirety.
Investors should ensure they read and understand this PDS,
in particular section 4 “Significant Risks” and determine
whether Index and Commodity CFDs are suitable for them,
before deciding whether to open a CFD Account with MFGA
and invest in Index and Commodity CFDs.
This PDS also contains other important information about
the costs of Index and Commodity CFDs and the significant
characteristics, features and benefits of Index and
Commodity CFDs.
About MFGA
MF Global Australia Limited ABN 50 001 662 077 (MFGA)
is the holder of an Australian Financial Services Licence
number 230563.
MFGA is a subsidiary of the broker, MF Global Holdings Ltd,
which can trace its origins back 200 years and is today one
of the world’s largest futures broking organisations. The
MF Global group of companies employs over 2,000 people,
Counterparty risk
MFGA is the counterparty to any CFDs that you may
enter into under this PDS. MFGA’s obligations
in respect of those CFDs are not guaranteed
by MF Global Holdings Ltd or any other entity.
Accordingly, you take the risk that MFGA may not
be able to meet its obligations in respect of any
CFD that it enters into with you. It is important
that you understand the risks of this counterparty
relationship. To assist you to assess counterparty
risk, a copy of MFGA’s most recent financial
statements lodged with ASIC is available from MFGA
on request, free of charge.
MFGA’s registered office in Australia is located at: Level 21,
Grosvenor Place 225 George Street, Sydney NSW 2000
Telephone: (02) 8273 8933
Facsimile: (02) 9247 3765
Mail: PO Box N699 Grosvenor Place NSW 1220
Internet: www.mfglobal.com.au
Email: [email protected]
Representations
MFGA does not guarantee the performance, return of
capital from, or any particular rate of return of, an Index and
Commodity CFD. Investment products are always subject to
investment risk. Customers may lose more than the amount of funds in their CFD Account.
Investments in Index and Commodity CFDs involve
significant investment risk, including possible delays in
payment and loss of income or capital invested. Customers
should note that historical financial performance of any
Index and Commodity CFD or any underlying Futures Contract
is no assurance of future financial performance.
The information contained in this PDS is general advice
only. In preparing this PDS MFGA has not taken into account
your objectives, financial situation or needs. You should
consider the appropriateness of opening a CFD Account
and entering into Index and Commodity CFDs having regard
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to your objectives, financial situation and needs and
should obtain your own financial, legal, taxation or other
professional advice.
This PDS has been prepared to comply with applicable
Australian law requirements in respect of financial products.
This PDS does not contain, and MFGA provides no advice
in respect of, the laws of any jurisdiction to which any
underlying instrument or security relates. No aspect of
this product has been endorsed or approved by any stock
exchange, futures exchange or regulatory agency or any party
or market referred to in this PDS.
Examples in this PDS are provided for illustrative purposes
only and do not necessarily reflect MFGA’s actions or
determinations or your personal circumstances.
Update of information
Information in this PDS may be updated from time to time
where that information is not materially adverse to customers.
MFGA may provide updated information on the MFGA website:
www.mfglobal.com.au. A copy of the updated information
is also available upon request free of charge by contacting
MFGA. MFGA may be required to issue a supplementary PDS
as a result of certain changes, in particular where the changes
are materially adverse from the point of view of a reasonable
person deciding as a retail client whether to open a CFD
Account or invest in Index and Commodity CFDs. This PDS
and any supplementary PDS is available in paper form and in
electronic form from our website at www.mfglobal.com.au or
you can call (02) 8273 8933.
Consents
Blake Dawson has given and has not withdrawn its consent
to be named in this PDS in the form and context in which
it is named and to the inclusion of the general summary of
the tax issues relevant to the Index and Commodity CFDs
provided in section 6.
Client Money
MFGA will handle all client funds it receives in
accordance with, and subject to, the requirements
of Part 7.8 Division 2 the Corporations Act. Where
required by the Corporations Act, client funds will
be paid into a segregated account maintained by
MFGA with an Australian bank.
MFGA is entitled to withdraw client funds from the
segregated account in the circumstances and for
the purposes set out in the Corporations Act. For
example, if you incur a Margin obligation to MFGA,
you will be required to pay those Margin amounts
to MFGA and your client funds will be used to make
that payment. Also, MFGA is entitled to use
client funds it receives in connection with Index
and Commodity CFDs (which are derivatives) for
the purpose of meeting obligations MFGA incurs
in connection with margining, guaranteeing,
securing, transferring, adjusting or settling dealings
in derivatives by MFGA, including dealings on
behalf of other clients and, for example, to meet
obligations MFGA incurs in respect of its derivatives
hedging activities it undertakes to hedge its
exposure to you and other clients in relation to
Index and Commodity CFDs.
Also, under the CFD Client Agreement you
authorise MFGA to deduct from the segregated
account money to which you are entitled, for the
purposes of discharging obligations which MFGA
incurs to MFGA’s Hedge Counterparty to hedge its
exposure to the Client in connection with Index and
Commodity CFDs or to hedge its exposure to other
clients who have entered into Index and Commodity
CFDs with MFGA under agreements similar to the
CFD Client Agreement.
For example, even though you may deposit $10,000
with MFGA and incur Margin obligations to MFGA
of $4,000, some or all of the remaining $6,000
may be used by MFGA to meet obligations it incurs
in respect of its derivatives hedging activity. For a
further discussion in relation to MFGA’s hedging
activities and the use of client funds see sections
7.3 and 7.4.
It is therefore important for you to note that even
though your money may be paid into one or more
segregated accounts, this may not afford you
absolute protection. First, within the segregated
account, all client funds are pooled together and so
an individual client balance may not be protected if
there is a default in the overall segregated account
balance. Secondly, if you have incurred Margin
obligations to MFGA, your client funds will be paid
to MFGA to meet those obligations. Thirdly, to the
extent that MFGA has used client funds to meet
obligations incurred by MFGA in respect of
its hedging activities referred to above, there is an
exposure to counterparty risk in relation to both
MFGA and, indirectly, to its Hedge Counterparty, in
relation to those funds. For these reasons you
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Your personal information may be disclosed to other
entities in the MF Global group for these purposes. It may
also be disclosed to any financial institution nominated by
you and may be disclosed to your financial adviser. You
can, by contacting us, instruct us not to disclose personal
information to companies related to us.
While the information we ask you to supply is not required
by law, we may not be able to assess your application if the
information is not supplied.
Our full privacy policy is available from our website:
www.mfglobal.com.au.
Dispute Resolution
MFGA has a formalised client complaint resolution
procedure. All complaints are reviewed and investigated
by the Compliance Manager based in Sydney. If you make
a complaint, our first response will be to contact you to
discuss the complaint and to register a formal record of such
complaint. We will try to resolve your complaint quickly and
fairly. If, despite our best efforts, you believe your complaint
has not been satisfactorily dealt with, we offer clients the
use of an independent industry arbiter, namely, the Financial
Ombudsman Service (FOS). MF Global is a member of FOS
and has agreed not to contest a final resolution from FOS.
You can contact FOS by writing to:
Financial Ombudsman Service GPO Box 3, Melbourne
Victoria 3001
Toll Free: 1300 780 808
Facsimile: (03) 9613 6399
Website: www.fos.org.au
Email: [email protected]
Ethical Considerations
We do not take labour standards, or environmental, social or
ethical considerations into account when offering Index and
Commodity CFDs.
Cooling off
There is no cooling off period in respect of Index and
Commodity CFDs.
Defined Terms
Capitalised terms used in this PDS are defined in the
Glossary in section 9 or elsewhere in this PDS, unless the
context otherwise requires.
are exposed to the risk that you may not receive all
money to which you are entitled if there is a deficit
in the client money account and MFGA becomes
insolvent or is otherwise unable to pay any amount
owing to you.
You will receive account statements (see section
7.2). The statement will include information such
as cash balances and Free Equity. You should
note that a reference to a positive cash balance or
positive Free Equity does not mean that MFGA holds
all or any of that amount in a segregated account.
Foreign Jurisdictions
The distribution of this PDS in jurisdictions outside Australia
may be restricted by law and therefore persons into whose
possession this document comes should seek advice on
and observe any such restrictions. Failure to comply with
relevant legislation may violate those laws. This PDS does
not constitute an offer or invitation in relation to an Index
and Commodity CFD in any place in which, or to any person
to whom, it would not be lawful to make such an offer or
invitation. The financial products offered under this PDS
have not been and will not be lodged or registered under the
United States Securities Act of 1933, as amended and may
not be offered or sold directly in the United States.
Privacy
If you enter into the CFD Client Agreement and complete
the information required by the CFD Client Agreement, you
will be supplying us with personal information in relation
to which we will be bound by the Privacy Act 1988 (Cth).
You can contact us by phone, fax or email or in any other
manner acceptable to MFGA, including to request access
to your information. In normal circumstances, we will give
you full access to your information subject to any legal
or administrative restrictions. There may be a charge to
provide you with full access where your request requires the
compilation of archived or voluminous information.
We may collect and use your information for the following
purposes:
• assessingyourapplication;
• assessingthecreditandotherexposuresthattheMF
Globalgrouphastoyou;
• marketingofproductsandservicesofasimilartype;
• determiningfutureproductandbusinessstrategiesand
todevelopMFGAservices;
• communicatingwithyouinrelationtoyourholdingand
all transactions relating to the holding.
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Key Features
1. Introduction
2. Description Of Index and Commodity CFDs
3. Significant Benefits
4. Significant Risks
5. Amounts Payable And Interest Payments
6. Taxation
7. Other Important Information
8. Examples
9. Glossary
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Key Features
This investment
Feature Description Cross-reference
Issuer of this PDS and Index and Commodity CFDs
MF Global Australia Limited (AFSL 230563) (MFGA) Section 2.1
Investment
Index and Commodity CFDs, which are CFDs in respect of futures contracts over market indices and commodities.
MFGA offers two types of Index and Commodity CFDs: Expiring CFDs and Rolling CFDs. The main differences between Expiring CFDs and Rolling CFDs are:
• ExpiringCFDshaveafixedexpirydateknownastheMFGAExpiry Date, whereas Rolling CFDs do not have a fixed expiry date and will remain open until closed out by you or MFGA asdescribedinthisPDS;
• AnExpiringCFDwillonlyrelatetoasingleunderlyingFutures Contract. A Rolling CFD will “roll” from the current underlying Futures Contract to the next Futures Contract in the relevant series shortly before expiry of the current Futures Contract. This process of rolling into new Futures Contracts will continue until the CFD is closed out by you or MFGAasdescribedinthisPDS;
• PricesquotedforExpiringCFDsarebasedonthepriceofthe underlying Futures Contract, subject to an additional spread, known as the MFGA Spread. Prices quoted for Rolling CFDs reflect the price of the underlying Futures Contract and the MFGA Spread, but also reflect an additional component,knownasFairValue;
• ExpiringCFDsarenotsubjecttoaDividendAdjustment.RollingCFDsaresubjecttoaDividendAdjustment;
• ExpiringCFDsarenotsubjecttodailyfundingrates.RollingCFDs are subject to daily funding rates.
Section 2.2, 2.6, 5.1, 5.3, 5.4 and 5.6.3
Reference AssetA range of index and commodity futures contracts (Futures Contracts)
Section 2.2
Contract Specifications
The contract specifications for each Index and Commodity CFD will vary depending on a number of factors, including the features of the underlying Futures Contract.
In some cases minimum and maximum trade and Lot Sizes will apply.
Please refer to the MFGA website for information regarding the contract specifications for each Index and Commodity CFD.
Section 2.2 and Section 2.4
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Relevant CurrencyEach Index and Commodity CFD is denominated in the Relevant Currency which will be the same currency as the currency in which the underlying Futures Contract is denominated.
Section 2.4
Long and short positions
You can open long or short positions depending on your view of the market.
Section 2.4
Contract Expiry
The Contract Expiry differs depending on the type of Index and Commodity CFD.
Expiring CFDs have a fixed expiry date, known as the MFGA Expiry Date. The MFGA Expiry Date will not necessarily exactly correspond with the expiry date of the underlying Futures Contract. A Last Dealing Time will also apply to each Expiring CFD.
Rolling CFDs do not have a fixed expiry date and will remain open until closed out by you or MFGA as described in this PDS.
Section 2.6.3
Opening an account
CFD Client AgreementComplete and sign the CFD Client Agreement and return it to MFGA or your adviser.
Section 2.3
Minimum CFD Account opening balance
Deposit the Minimum Deposit Amount as notified to you by MFGA.
Section 2.8
Trading
Opening an Index and Commodity CFD
Orders can be placed through our electronic trading platform, by phone, fax or by email or in any other manner acceptable to MFGA.
Section 2.4
Closing an Index and Commodity CFD
The circumstances in which an Index and Commodity CFD can be closed differ depending on the type of Index and Commodity CFD.
You can place an order to close out an Expiring CFD at any time before the Last Dealing Time of the Expiring CFD during the relevant trading hours. If you elect not to do so the Expiring CFD will be closed out by MFGA on the relevant MFGA Expiry Date.
A Rolling CFD can be closed out at any time during market hours of the Rolling CFD by instructing MFGA to close your open CFD position.
Section 2.6
Initial MarginInitial Margin rates are generally set at between 2% and 15% of the Contract Value of an Index and Commodity CFD but may vary (up to 100% of the Contract Value) depending on volatility.
Section 2.5.1
Variation MarginAll Index and Commodity CFDs are marked to market daily, with profits or losses credited or debited to your CFD Account.
Section 2.5.2
Additional Margin
MFGA may require payment of Additional Margin if the Gross Liquidation Value of your account falls below AUD1,000 or if the amount in your account is not sufficient to meet all payments when due.
Section 2.5.3
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Method of paymentAny amounts payable by MFGA to you will be credited to your CFD Account and any amounts payable by you to MFGA will be debited from your CFD Account.
Section 2.5.4
Fees and charges
MFGA Spread
MFGA will apply a spread, known as the MFGA Spread, when it quotes prices to you to buy or sell an Index and Commodity CFD position. The MFGA Spread is in addition to any buy/sell spread or similar spread which may apply to the underlying Futures Contract on the Relevant Exchange (and, in the case of a Rolling CFD, is separate from the Fair Value component).
The MFGA Spread will vary in respect of each Index and Commodity CFD. For information on the MFGA Spread applicable to a particular Index and Commodity CFD, please refer to the contract specifications on the the MFGA website.
Section 5.1
Commission
Commission may also be charged on CFD transactions when you enter into a CFD and when you close out a CFD. Minimum transaction commissions (also referred to as minimum tickets) may also apply.
Section 5.2
Fair Value
The price MFGA quotes to you to buy or sell a Rolling CFD will also be affected by a Fair Value component, to reflect announced and anticipated dividends, distributions and corporate actions, and the implicit funding cost that is included in the price of the underlying Futures Contract.
Dividend Adjustment
A Dividend Adjustment will be applied to your CFD account in respect of dividends, distributions and corporate actions announced by a constituent of the index covered by the relevant Futures Contract, taking into account that constituent’s weighting in the relevant index. You will generally receive a Dividend Adjustment if you hold a long Rolling CFD and you will generally be required to pay a Dividend Adjustment if you hold a short Rolling CFD.
Electronic trading platform
If you use MFGA’s CFD electronic trading platform, you may be charged a monthly fee of up to AUD100.
Section 5.5
Interest rates
Credit interest
MFGA will pay interest to you on your CFD Account credit balances at the MFGA Base Rate minus a maximum of 3.5% per annum. This will be determined separately for AUD and each currency in a Foreign Currency Ledger in your CFD Account.
Section 5.6.1
Debit interest
You will be required to pay interest to MFGA on CFD Account debit balances at the MFGA Base Rate plus a maximum of 4% per annum. This will be determined separately for AUD and each currency in a Foreign Currency Ledger in your CFD Account.
Section 5.6.1
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Short and Long Funding Rates
Daily funding rates may apply depending on the type of Index and Commodity CFD.
There is no daily funding rate applicable to Expiring CFD positions.
Daily funding rates are applicable to Rolling CFD positions.
If you hold a short Rolling CFD position past Business Close, you will generally receive a daily funding rate equal to the MFGA Base Rate less a maximum of 3% per annum.
If you hold a long Rolling CFD position past Business Close, you will generally be required to pay a daily funding rate equal to the MFGA Base Rate plus a maximum of 3% per annum.
Section 5.6.3
Default interestYou will be required to pay interest to MFGA on any overdue unpaid amounts at the applicable MFGA Base Rate plus a maximum of 8% per annum.
Section 5.6.2
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1. Introduction 1.1 What is a contract for difference?
A contract for difference (CFD) is an agreement which allows
you to make a profit or loss from fluctuations in the price of
an underlying instrument or security without actually owning
that instrument or security. Under the CFD, one party is
entitled to be paid an amount of money, or is required to
pay an amount of money, depending on movements in the
price or value of the underlying instrument or security . This
transaction concludes with the parties settling the difference
between the value of the CFD at the time it was entered into
and the value of the CFD at the time it was closed. Any profit
or loss will also be affected by other payments applying to
CFDs such as fees and interest and may also be affected
by spreads, commissions or foreign exchange rates. During
the term of the CFD transaction, the price of the CFD will be
marked-to-market daily so that at the end of each day during
the term of the CFD transaction, a payment will generally
have to be made by you to MFGA, or to you by MFGA, to
reflect any changes in the value of the CFD during that day.
Trading CFDs allows you to take leveraged “long” or “short”
positions without having to take or make delivery of the
underlying instrument or security. Instead, you provide
a Margin payment, the amount of which fluctuates daily
depending on the value of the CFD, as collateral.
Although the value of a CFD generally follows price
movements of the underlying instrument or security,
you have no right or obligation to acquire or deliver the
underlying instrument or security itself and no other rights of
holders of the underlying instrument or security.
1.2 Who trades in CFDs and why?
People trade in CFDs for a variety of reasons.
Some trade to speculate with a view to profiting from
fluctuations in the price or value of the underlying
instrument or security.
Others trade CFDs to hedge their exposures to other
instruments or securities.
CFDs also allow people to trade on a leveraged basis. You
are able to outlay a relatively small amount (in the form
of Initial Margin) to secure an exposure to the relevant
underlying instrument or security.
*Note: The risk of loss in trading in derivatives and/or leveraged products can be substantial. You should carefully consider whether trading such products is appropriate for you in light of your objectives, financial situation and needs.
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2. Description of Index and Commodity CFDs2.1 The issuer - MFGA
The Index and Commodity CFDs offered under this PDS are
issued by MF Global Australia Limited ABN 50 001 662 077
(MFGA).
2.2 Reference asset
The reference asset for each Index and Commodity CFD
offered under this PDS is a futures contract over an index or
commodity quoted on a major futures exchange in Australia,
the United States or elsewhere (Futures Contract). Please
refer to the MFGA website for specific details of the Index
and Commodity CFDs offered.
2.3 Opening a CFD Account
Before you enter into any Index and Commodity CFD with
MFGA you will be required to complete, sign and return a
CFD Client Agreement and open a CFD Account (if you have
not already done so). The offer or invitation to open a CFD
Account and enter into MFGA Index and Commodity CFDs
is only available to persons receiving the PDS (whether in
paper or electronic form) within Australia who are Australian
residents and who provide an Australian address when
making their application to open a CFD Account. MFGA
reserves the right to refuse to open a CFD Account for any
person. You must deposit the Minimum Deposit Amount as
notified to you by MFGA into your CFD Account to activate
your CFD Account.
You may deposit any foreign currency agreed to by MFGA
into your CFD Account. Each foreign currency balance held
in your CFD Account is operated as a separate Foreign
Currency Ledger.
2.4 Establishing an Index and Commodity CFD position
To enter into an Index and Commodity CFD transaction
you can contact MFGA either electronically, by phone, fax
or email or in any other manner acceptable to MFGA to
determine the Contract Price for the relevant Index and
Commodity CFD. MFGA will only provide the Contract Price
for an Index and Commodity CFD during the trading hours
specified in the contract specifications on the MFGA website.
MFGA will inform you of the Contract Price and the Initial
Margin rate and you may make an offer to enter into an Index
and Commodity CFD with MFGA based on those parameters.
Please note that minimum and maximum transaction sizes
and Lot Sizes may apply.
You must confirm with us that offers sent via email or fax
have in fact been received by us. MFGA will confirm any
Index and Commodity CFD transaction it enters into with you.
After you have offered to enter into an Index and Commodity
CFD with MFGA, until MFGA actually enters into the Index and
Commodity CFD (as determined by MFGA), you may notify
MFGA that you wish to cancel or vary that offer. MFGA may,
in its absolute discretion refuse to accept such cancellation
or variation and has no responsibility or liability to you if it is
unable to cancel or vary your offer.
MFGA may at any time notify you of an exposure limit beyond
which you may not be authorised to enter into further Index
and Commodity CFDs.
Under the CFD Client Agreement, MFGA has sole discretion
whether or not to accept an offer from you to enter into
an Index and Commodity CFD. MFGA may refuse to enter
into an Index and Commodity CFD for a variety of reasons,
including, for example, where you have exceeded limits
imposed by MFGA on your CFD Account or where MFGA does
not hold sufficient cleared funds from you for the amount of
the Initial Margin.
You can take both “long” and “short” Index and Commodity
CFD positions. If you take a long position, you will generally
profit if the price of the underlying Futures Contract rises, and
you will generally make a loss if the price of the underlying
Futures Contract falls. Conversely, if you take a short position,
you will generally profit if the price of the underlying Futures
Contract falls, and you will generally make a loss if the price
of the underlying Futures Contract rises.
Under the CFD Client Agreement, MFGA has the right to
cancel any Index and Commodity CFD which involves or is
based on a manifest error, including without limitation, an
error in the Contract Price. MFGA also has the right to amend
the terms of an Index and Commodity CFD to reflect terms
which MFGA considers in its sole discretion acting in good
faith to be the correct terms.
The Open Contract Value of an Index and Commodity CFD,
any applicable commissions and all debits and credits in
respect of an Index and Commodity CFD, and the Contract
Value and Closing Value of an Index and Commodity CFD are
denominated in the Relevant Currency. When you first open
an Index and Commodity CFD position, if you do not have a
Foreign Currency Ledger in your CFD Account in the Relevant
Currency, MFGA will establish a Foreign Currency Ledger in
your CFD Account in the Relevant Currency for the purpose of
recording all debits and credits in respect of open Index and
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Commodity CFD positions in such currency. Any deposit
which you make to, or which is held in, your CFD Account
in a Relevant Currency will be recorded in the Foreign
Currency Ledger.
MFGA will apply a spread, known as the MFGA Spread, when
it quotes prices to you to buy or sell an Index and Commodity
CFD position. The MFGA Spread is in addition to any buy/sell
spread or similar spread which may apply to the underlying
Futures Contract on the Relevant Exchange. See Section 5.1
for more information.
The MFGA Spread will vary in respect of each Index and
Commodity CFD. For information on the MFGA Spread
applicable to a particular Index and Commodity CFD, please
refer to the MFGA website.
In respect of a Rolling CFD, the price MFGA quotes to you
to buy or sell a Rolling CFD will also be affected by the
application of a Fair Value component. See section 5.3 for
more information
Commission may also be charged on each CFD transaction
when you enter into a CFD and when you close out a CFD.
Minimum transaction commissions (also referred to as
minimum tickets) may also apply. See section 5.2 for
more information.
2.5 Margins
Entry into Index and Commodity CFDs involves the payment
of Margin. There are three components of Margin that you
may be required to pay in connection with each Index and
Commodity CFD: Initial Margin, Variation Margin, Additional
Margin.
2.5.1 Initial Margin
The Initial Margin which is payable in respect of an Index
and Commodity CFD will fluctuate daily depending on
the Contract Value of the Index and Commodity CFD and
will be debited from your CFD Account. The Initial Margin
represents the security deposit that you are required
to provide to MFGA when you first open an Index and
Commodity CFD position (and thereafter throughout the term
of an Index and Commodity CFD). The Initial Margin rate
applicable to each Index and Commodity CFD is determined
by MFGA in its sole discretion. It is typically 2% to 15%of
the Contract Value of the Index and Commodity CFD but may
be as high as 100% of the Contract Value depending on the
volatility and liquidity of the underlying Futures Contract.
MFGA may vary the Initial Margin rate at any time and will
notify you of the new Initial Margin rate by telephone,
electronic message or email, on our website, or in any other
manner acceptable to MFGA.
MFGA may apply the opening balance of your CFD Account or
any other Free Equity in your CFD Account to the payment of
Initial Margin in respect of an Index and Commodity CFD. For
this purpose MFGA may notionally convert the currency of
the opening balance of your CFD Account or other Free Equity
in your CFD Account to the Relevant Currency using the
Exchange Rate quoted by MFGA (see section 2.7). MFGA will
determine in its absolute discretion whether the Free Equity
in your CFD Account is sufficient to satisfy the Initial Margin.
An indication of the Initial Margin rate which may apply to
certain types of Index and Commodity CFD transactions can
be obtained from the MFGA website, our electronic trading
platform or from your adviser.
2.5.2 Variation Margin
Following close of the financial market of the Relevant
Exchange each Local Business Day during the term of
an Index and Commodity CFD, MFGA (as the calculation
agent) will determine the Contract Value of the Index and
Commodity CFD. This will ordinarily be determined by
reference to the closing price of the underlying Futures
Contract quoted by the Relevant Exchange (but may not be
the actual closing price quoted by the Relevant Exchange,
due to the application of the MFGA Spread and, in the
case of Rolling CFDs, the Fair Value component). Where
trading in the underlying Futures Contract is suspended or
halted by the Relevant Exchange, the Index and Commodity
CFD position will be valued, and a closing price will be
determined by MFGA in its discretion.
If the Contract Value calculated by MFGA is greater than the
Contract Value calculated by MFGA on the previous Local
Business Day and you hold a “short” position in the Index
and Commodity CFD, MFGA will debit the difference between
the values from the relevant Foreign Currency Ledger in your
CFD Account. If the Contract Value is less than the Contract
Value calculated by MFGA on the previous Local Business
Day and you hold a “short position” MFGA will credit the
difference between the Contract Values to the relevant
Foreign Currency Ledger in your CFD Account.
If the Contact Value calculated by MFGA is greater than the
Contract Value calculated by MFGA on the previous Local
Business Day and you hold a “long” position in the Index
and Commodity CFD, MFGA will credit the difference between
the Contract Values to the relevant Foreign Currency Ledger
in your CFD Account. If the Contract Value is less than the
Contract Value calculated by MFGA on the previous Local
Business Day, MFGA will debit the difference between the
Contract Values from the relevant Foreign Currency Ledger in
your CFD Account.
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Any such amounts debited or credited to your CFD Account
are referred to as Variation Margin.
2.5.3 Additional Margin
MFGA may require the payment of additional funds during
the term of the Index and Commodity CFD contract, in
addition to the Initial Margin and Variation Margin. This
is referred to as Additional Margin. MFGA will determine
the amount of any Additional Margin required in its sole
discretion. Without limiting its right to call Additional
Margin, MFGA may call Additional Margin:
• iftheGrossLiquidationValueinyourCFDAccountfalls
below AUD1,000 or foreign equivalent (as determined
by MFGA in its sole discretion). The Gross Liquidation
Value (GLV) is the amount of money you would have in
your CFD Account were you to close out all positions
at the current market price (less any transaction
charges or adjustments). This is calculated by MFGA
on an aggregate basis across all your open Index and
CommodityCFDpositionsinAUD;or
• iftheFreeEquityinyourCFDAccountisnotsufficientto
meet all payments when due. The Free Equity balance
of your CFD Account is the GLV less the Initial Margin,
Additional Margin and any fees and interest amounts
payable by you to MFGA in connection with an Index and
Commodity CFD. Free Equity will be calculated by MFGA
in AUD on an aggregate basis across all your open Index
and Commodity CFD positions and can be utilised to
enter into further Index and Commodity CFD positions or
can be withdrawn from your CFD Account, in AUD or in
a desired foreign currency, if MFGA consents in its sole
discretion to such withdrawal. If you also enter into any
other Index and Commodity CFD transactions with MFGA,
any other open Index and Commodity CFD positions will
also be included in determining the Free Equity in your
CFD Account.
The amount of Additional Margin called will generally be
the amount required to make the Free Equity in your CFD
Account positive.
2.5.4 Payment of Margin
MFGA will notify you of any obligation you have to pay Initial
Margin, Variation Margin or Additional Margin by telephone,
electronic message or email, or in any other manner
acceptable to MFGA.
If the funds in your CFD Account are sufficient to cover
any amount payable by you to MFGA, MFGA will debit your
account (and, if applicable, the relevant Foreign Currency
Ledger) for the amount of Margin payable.
If the funds in your CFD Account are insufficient to cover any
amount payable by you to MFGA, you must pay to MFGA the
specified amount in AUD or the Relevant Currency in cleared
funds within 24 hours, although in some situations MFGA
may notify you that it requires payment within a shorter time
period (for example when there is unusual volatility).
If you fail to make Margin payments within the time specified
by MFGA, MFGA may close out open Index and Commodity
CFD positions without further notice to you. MFGA may in its
discretion close out only some of the Index and Commodity
CFDs relating to a particular Index and Commodity CFD
position. For example, if you have an open position of
1,000 Index and Commodity CFDs, MFGA may close out
your position in relation to 700 Index and Commodity CFDs,
leaving an open position of 300 Index and Commodity CFDs.
When MFGA is required to make a payment to you (for
example, a payment of Variation Margin) MFGA will credit
that amount to your CFD Account (and, in the case of a
payment in a currency other than AUD, MFGA will credit the
relevant Foreign Currency Ledger in your CFD Account).
2.6 Closing an Index and Commodity CFD
Index and Commodity CFDs may be closed in a variety of
circumstances, as described below. A Last Dealing Time and
MFGA Expiry Date will apply to Expiring CFDs. These concepts
do not apply to Rolling CFDs. Please see section 2.6.3 below
for more information.
2.6.1 You wish to close an Index and Commodity CFD
Since the Index and Commodity CFDs are issued by MFGA
“over the counter” and not through a stock exchange or
futures exchange, each Index and Commodity CFD is a
contract between you and MFGA and can only be closed in
accordance with the terms of the CFD Client Agreement or as
otherwise agreed between you and MFGA. It is not possible
to close an Index and Commodity CFD by giving instructions
to another broker or Australian financial services licensee.
To close an Index and Commodity CFD position, you should
contact MFGA on a Local Business Day (during market hours
of the Index and Commodity CFD as set out in the contract
specifications on the MFGA website), either electronically, by
telephone, fax or email, or in any other manner acceptable
to MFGA, to determine the Contract Price for the relevant
Index and Commodity CFD. For Expiring CFDs this must be
done before the Last Dealing Time for that Expiring CFD.
Rolling CFDs are not subject to a Last Dealing Time and will
not be closed until you or MFGA decide to close the Rolling
CFD as discussed in this section 2.6. If you seek to close
a CFD, MFGA will confirm the Contract Price and you will
then decide whether to accept the price, and if so, you will
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instruct MFGA to close your open Index and Commodity CFD
position on the basis of that price. You must confirm with
us that instructions sent via email or fax have in fact been
received by MFGA.
You may not be able to close out an Index and Commodity
CFD if there is a suspension of trading or a trading halt in
respect of the underlying Futures Contract to which an Index
and Commodity CFD applies. In such a circumstance, MFGA
may decide in its absolute discretion not to close an Index
and Commodity CFD. See section 2.10 for more information.
2.6.2 MFGA wishes to close an Index and Commodity CFD
MFGA has the right to close out an Index and Commodity CFD
in certain circumstances. This includes:
• theoccurrenceofanadjustmentevent(seesection2.9
formoreinformation);
• theoccurrenceofadefaultevent(seesection2.14for
moreinformation);
• iftheaggregateamountofVariationMarginpayableby
you exceeds 50% of the Initial Margin in respect of that
IndexandCommodityCFD;
• ifyouhavebreachedanexposurelimitsetbyMFGA;
• iftheGLVofyourCFDAccountfallsbelowAUD1,000(or
foreigncurrencyequivalentasdeterminedbyMFGA);
• MFGA’sHedgeCounterpartyinaHedgePositionunwinds
or closes out the Hedge Position or for any other reason
MFGA is unable to establish a Hedge Position or no longer
abletomaintaintheHedgePosition;
• iftheCFDClientAgreementisterminated;or
• ifitbecomesillegalorimpracticalforMFGAtocontinueto
make Index and Commodity CFDs available to you.
You should refer to the CFD Client Agreement for more
information.
2.6.3 Expiring CFDs - Close out of an Expiring CFD at MFGA Expiry Date
If you do not elect to close out an Expiring CFD before the Last
Dealing Time for that CFD, MFGA will close out the CFD on the
MFGA Expiry Date. Please refer to the MFGA website or call
the MFGA dealing desk to find out the Last Dealing Time and
MFGA Expiry Date for any given Expiring CFD contract.
The Closing Price for an Expiring CFD closed out on the MFGA
Expiry Date will be the Contract Price calculated by MFGA at
that time.
There is no MFGA Expiry Date in respect of Rolling CFDs.
2.6.4 Rolling CFDs – “rolling” to the next underlying Futures Contract in a series
If a Rolling CFD is not closed out as discussed elsewhere in
section 2.6, MFGA will “roll” the Rolling CFD from the current
Futures Contract to the next Futures Contract in the relevant
series shortly before expiry of the current Futures Contract.
For the avoidance of doubt, the process of rolling does not
result in you entering into a new agreement and the existing
Rolling CFD will continue to exist until it is closed out in
accordance with the CFD Client Agreement.
This process of rolling into the next Futures Contract in the
relevant series will continue until the CFD is closed out by
you or MFGA as described in this PDS.
2.6.5 Consequences of an Index and Commodity CFD being closed out
On the day the Index and Commodity CFD is closed out,
MFGA will calculate, in the Relevant Currency, the remaining
payment rights and obligations of you and MFGA based on
the difference between the Closing Value of the Index and
Commodity CFD and the Open Contract Value of the Index
and Commodity CFD. The amount payable by you to MFGA
or by MFGA to you on close out of the Index and Commodity
CFD will be determined by MFGA in the Relevant Currency
after taking into account the Initial Margin, any Variation
Margin and any Additional Margin which has already been
debited from or credited to your CFD Account in respect of
that Index and Commodity CFD. This amount is payable in
the Relevant Currency.
Under the terms of the CFD Client Agreement MFGA will
credit to the relevant AUD or Foreign Currency Ledger in your
CFD Account any amounts payable by MFGA to you. If there
is an adjustment event affecting the underlying Futures
Contract at the time an Index and Commodity CFD is closed
out, there may be a delay in MFGA crediting your account.
See the CFD Client Agreement for more information.
If an amount is payable by you to MFGA it will be debited from
your CFD Account. If you do not have a credit balance in the
relevant AUD or Foreign Currency ledger or such balance is
insufficient to cover the amount payable, MFGA may apply any
credit balance in any other Foreign Currency ledger, or AUD
ledger, in your CFD Account to the outstanding amount. Any
conversion will be at the Exchange Rate determined by MFGA.
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230511
If the funds in your CFD Account are insufficient to cover any
amount payable by you to MFGA, you must pay such amount
to MFGA, within 24 hours of being so advised (or within such
lesser period as MFGA may determine in its discretion) and
in such currency as MFGA may require. You should note that
MFGA may set off any money owed to you under the CFD
Client Agreement or any other agreement against any money
owed by you to MFGA.
The determination of the date on which an Index and
Commodity CFD is closed and the Closing Value of an Index
and Commodity CFD may be affected by certain events
including but not limited to:
• ifMFGAhasenteredintoaHedgePositioninrelation
to the Index and Commodity CFD, MFGA may take into
account whether its Hedge Counterparty closes the Hedge
Position and the price at which the Hedge Counterparty
does so in determining whether to close the Index and
Commodity CFD with you and the Closing Price of your
IndexandCommodityCFD;
• iftheIndexandCommodityCFDisoveranunderlying
Futures Contract which ceases to be quoted on the
Relevant Exchange or is suspended from quotation for
two consecutive Local Business Days (or such lesser
period as may be agreed with you), MFGA may elect
to close the Index and Commodity CFD and/or call
Additional Margin as determined by MFGA. If MFGA
elects to close the Index and Commodity CFD, MFGA
will determine the Closing Price and in making such
determination, will, in its discretion, have regard to a
number of factors including the last traded price of the
underlying Futures Contract on the Relevant Exchange.
If you hold a long position, the Closing Price determined
by MFGA may be zero. If the Closing Price is zero, through
payment of the Initial Margin, Variation Margin and
payments due on close out of the Index and Commodity
CFD, you will be required to pay MFGA an amount
representing 100% of the Contract Value of the Index and
Commodity CFD at the time you opened the Index and
CommodityCFD;and
• iftheIndexandCommodityCFDisoveranunderlying
Futures Contract in respect of which there is a suspension
of trading or a trading halt on the Relevant Exchange at
the time at which the Index and Commodity CFD is to be
closed out, MFGA will determine the Closing Price in its
discretion. If you hold a long position, the Closing Price
determined by MFGA may be zero. If the Closing Price
is zero, through payment of the Initial Margin, Variation
Margin and payments due on close out of the Index and
Commodity CFD, you will be required to pay MFGA an
amount representing 100% of the Contract Value of the
Index and Commodity CFD at the time you opened the
Index and Commodity CFD.
2.7 Currency Conversions
If an amount is payable by MFGA to you on the close out of
an Index and Commodity CFD, you may request that MFGA
converts such amount from the Relevant Currency into AUD.
You may also request that MFGA converts a balance in your
CFD Account from AUD to a foreign currency or from a foreign
currency into AUD, either to hold as a balance in your CFD
Account or for the purposes of withdrawal (in each case with
MFGA’s consent).
These conversions will involve foreign exchange contracts
within the meaning of the Corporations Act. MFGA is
authorized under its Australian financial services licence to
deal in foreign exchange contracts. Any conversion will be at
the Exchange Rate quoted by MFGA.
MFGA will charge you a fee in respect of each conversion
which will be debited from your CFD Account. The fee
payable by you in respect of each conversion will be in the
form of a spread on the Exchange Rate, known as a bid/
offer spread. The bid/offer spread will not exceed 50 points.
For example, if the published exchange rate for converting
AUD to USD is USD/AUD 0.75, the Exchange Rate MFGA may
quote to you could be as low as 0.7450.
2.8 Deposits and Withdrawals
In order to activate your CFD Account you must deposit at
least the Minimum Deposit Amount into your CFD Account.
Once the CFD Account has been activated there is no
minimum account balance required. However, if you enter
into an Index and Commodity CFD you must ensure that the
amount in your CFD Account is sufficient to meet all payment
obligations when due.
You may request a withdrawal of funds from your CFD
Account by contacting MFGA either electronically, by
telephone, fax or email, or in any other manner acceptable
to MFGA. If MFGA receives a withdrawal request it will
determine in its absolute discretion whether to agree to such
a withdrawal.
In particular, MFGA may not permit the withdrawal of funds if
you did not have sufficient Free Equity in your CFD Account, if
you had outstanding payment obligations to MFGA such that
the withdrawal would result in the Free Equity being insufficient
to cover such obligations and also if MFGA considers that the
volatility of your CFD positions is such that a revaluation of
your positions at then current market prices would, or would be
likely to, result in MFGA calling further Margin from you.
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2.9 Adjustments / Corporate Actions
If an adjustment is made to a Futures Contract by a Relevant
Exchange or its clearing facility, MFGA will generally make a
corresponding adjustment to any Index and Commodity CFDs
over that Futures Contract. MFGA has a broad discretion
under the CFD Client Agreement to adjust the parameters of
an Index and Commodity CFD in such circumstances. Any
such adjustment will be made by MFGA, having regard to
a variety of factors including the adjustment made by the
Relevant Exchange or clearing facility, any adjustment made
by MFGA’s Hedge Counterparty, and what MFGA considers
a reasonable position to ensure the Index and Commodity
CFD, as adjusted, reflects as nearly as reasonably practical
the adjusted Futures Contract.
Separately from the adjustments referred to above, Rolling
CFDs are also subject to Dividend Adjustments. See section
5.4 for more information.
2.10 Trading Halts, Suspensions and Delistings
An underlying Futures Contract may be suspended, delisted
or subject to a trading halt on the Relevant Exchange in
various circumstances. In these circumstances, MFGA may,
in its absolute discretion, cancel your order in respect of
an Index and Commodity CFD transaction which has not yet
been opened, may close any Index and Commodity CFD,
or may refuse to close an Index and Commodity CFD, if you
make such a request.
2.11 Tax
See section 6 of this PDS for a general summary of the
Australian taxation issues relevant to Index and Commodity
CFDs offered by MFGA.
2.12 Bans in respect of particular Futures Contracts
MFGA may at any time determine, in its absolute discretion,
that it will not permit the entry into Index and Commodity
CFDs over one or more underlying Futures Contracts.
2.13 Conditional Orders
A conditional order is an order that will only be executed
when a specified condition(s) are met. For example, you
could place an order to enter into an Index and Commodity
CFD when the Contract Price reaches a certain level.
Alternatively, you may enter an order to close out an Index
and Commodity CFD when the Contract Price falls to a certain
level (commonly known as a “stop loss” order).
It is important to understand that conditional orders
(including “stop loss” orders) are not guaranteed and there
may be times when MFGA does not execute your order
despite the underlying Futures Contract trading at the level
specified in the order. This may occur due to, for example,
the application of the MFGA Spread (and, in the case of
Rolling CFDs, Fair Value) or volatile movements in the price of
the underlying Futures Contract. Also, if the price of a Futures
Contract moves suddenly, MFGA may be unable to execute
an order at the level specified, or may execute your order at a
level different to that specified by you. You may suffer losses
as a result. You should monitor your conditional orders and
contact MFGA if you believe that your order has not been
executed correctly or the parameters of your order have been
met. MFGA will not be liable for any orders, including any
conditional orders, which are not executed.
2.14 Default Powers
MFGA has extensive powers under the CFD Client Agreement
to take action in a range of “default event” situations. It is a
default event if:
• anymoneyowingbyyouundertheCFDClientAgreement,
any other agreement or on any other account you hold
withMFGAisnotpaidtoMFGAwhenitisdue;
• youfailtodulyandpunctuallyperformandobserveany
obligation under the CFD Client Agreement, any other
agreement or any obligation you have on any account you
holdwithMFGA;
• youmakeamisleadingorincorrectrepresentation;
• youstoppaymentsofyourdebtsorceaseorthreatento
ceasetocarryonabusiness;
• youenterintoorproposetoenterintoanyscheme
of arrangement or compromise with your creditors or
call a meeting to discuss a contemplated scheme of
arrangementorcompromise;
• youbecomeinsolventor,ifyouareacorporateclient,
a receiver or a receiver and manager or administrator is
appointedtoyouoranyofyourassets;
• ifyouareacorporateclient,aresolutionispassedora
petition is presented or an order is made for your winding
uporliquidation;
• youdieorbecomeunsoundofmindorabankruptcy
noticeisissuedagainstyou;
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230511
• anysecuritycreatedbyanymortgageorchargebinding
upon you or your assets becomes enforceable and the
mortgageeorchargeetakesstepstoenforcethesecurity;
• anyguaranteeoforsecurityforyourobligationsis,
without the consent of MFGA, withdrawn or becomes
defectiveorinsufficient;
• anyofyourindebtednessbecomesimmediatelydueand
payable, or becomes capable of being declared due and
payable, before its stated maturity, by reason of your or
anyotherperson’sdefault;
• intheabsenceofyourmakingalternativearrangements,
you are not contactable by telephone for 24 hours in
order for MFGA to obtain instructions with respect to an
IndexandCommodityCFD;
• youareinbreachofanyexposurelimitsetbyMFGA;or
• anywar,hostilities,terroristattack,industrialaction,civil
unrest, natural disaster, power of telecommunications
failure, government restrictions or exchange controls
occur which in the view of MFGA has or may have a
material impact on the underlying Futures Contract or
Relevant Exchange.
If any default event occurs in relation to you, MFGA has the
right and power (but not the obligation) to do any one or
more of the following without the necessity to give prior
notice to you:
• terminatetheCFDClientAgreement;
• closeoutalloranyofyourIndexandCommodityCFD
positions;
• treatalloranyIndexandCommodityCFDsashavingbeen
closedoutbyyou;
• terminateanyotheragreementoranyaccountbetween
youandMFGA;
• cancelanyoutstandingordersinordertocloseyourCFD
Accountorotheraccount(s);
• satisfyanyobligationyouhavetoMFGAoutofany
property, money or security belonging to you in MFGA’s
controlorcustody;
• satisfyanyobligationyouhavetoMFGAbytransferring
fundsfromyourotheraccountswithMFGA;or
• exerciseanyotherpowerorrightwhichMFGAmayhave
under the CFD Client Agreement or in law or in equity or
take such other action as a reasonably prudent financial
services licensee would take in the circumstances
2.15 Rights of MFGA
In order to discharge any obligations you have under the
terms of the CFD Client Agreement MFGA may at any time,
without notice to you, apply all or part of any monies in any
currency held by MFGA in your CFD Account in such manner
as MFGA thinks fit. MFGA may also combine or consolidate
all of any of your accounts held with MFGA and it may convert
any currency held by you into a currency in which a payment
is due by you in order to settle any payments that are due.
For the purpose of determining any amount in AUD
(including, without limitation, the GLV or Free Equity in your
CFD Account) or any other currency in connection with an
Index and Commodity CFD, MFGA may convert any amount
into another currency using any Exchange Rate selected by
MFGA in its sole discretion. In the absence of a manifest
error such conversions will be binding on you and MFGA.
2.16 Termination of the CFD Client Agreement
Either you or MFGA may terminate the CFD Client Agreement
on two Sydney Business Days’ notice. The CFD Client
Agreement will continue to apply in relation to any open
Index and Commodity CFDs, but you must notify MFGA within
five Sydney Business Days of the date of termination of the
CFD Client Agreement that you wish to close all existing
Index and Commodity CFDs. If any Index and Commodity
CFDs are not closed out within such five Sydney Business
Day period or such other time agreed between you and
MFGA, MFGA may close out those Index and Commodity
CFDs as if a default event had occurred.
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3. Significant BenefitsPotential benefits of Index and Commodity CFDs may
include:
• Hedging: You can use Index and Commodity CFDs to
hedge exposure to a diversified portfolio of single stocks,
or to hedge any unwanted exposure to macro risks which
may be inherent in your equity portfolio, such as market
or commodity risk. Given the extended trading hours
of Index and Commodity CFDs, you can execute these
hedges for your equities portfolio even when equities
markets may be closed. You may also wish to use
Index and Commodity CFDs to hedge an exposure to a
particular commodity.
• Speculation: You can use Index and Commodity CFDs
for speculation with a view to profiting from market
fluctuations.
• Market positions and strategies: You can potentially
profit (and lose) from both rising and falling markets
depending on the strategy you have employed. Strategies
may be complex and may have different levels of risk
associated with each strategy.
• Diversification: Trading Index and Commodity CFDs offers
the potential for greater portfolio diversification, allowing
for diversification geographically and across different
asset classes.
• Leverage: Index and Commodity CFDs involve a high
degree of leverage. Index and Commodity CFDs enable
you to outlay a relatively small amount of money (in
the form of Initial Margin) to secure an exposure to the
underlying Futures Contract or the assets which are the
subject of the Futures Contract. This leverage can work
against you as well as for you. The use of leverage can
lead to large losses as well as large gains. See section 4
for further information on risks.
• Smaller position size: Index and Commodity CFDs
may have smaller contract sizes than the underlying
Futures Contracts, allowing you to be more precise when
executing your investment strategies.
• No expiry on Rolling CFDs: Rolling CFDs do not have a
fixed expiry date which allows for more convenience and
flexibility than trading Expiring CFDs or the underlying
Futures Contract.
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4. Significant Risks• External market forces: Financial markets can change
rapidly. Prices of instruments such as underlying Futures
Contracts depend on a number of factors including
interest rates, demand and supply and actions of
government and central banks. International markets
may be more volatile than the Australian market,
particularly in relation to developing markets. In some
cases underlying Futures Contracts may be suspended
from trading or have their quotations withdrawn from
the exchange where they are traded. These factors will
directly affect an Index and Commodity CFD’s value.
• Loss of Margin: You could sustain a loss greater than
the Initial Margin required to establish and maintain an
Index and Commodity CFD position. In addition you could
be required to pay further funds representing losses and
other fees on your open and closed Index and Commodity
CFD positions. For example, if the Initial Margin payable
at the time an Index and Commodity CFD is opened is
AUD1,000 and the market moves against your position
you could lose much more than the initial AUD1,000 you
outlaid to open the position.
• Payment of losses and Variation Margin: If the Contract
Price moves against your Index and Commodity CFD
position you may be required, at short notice, to deposit
a Variation Margin with MFGA in order to maintain your
position. The amount of the Variation Margin may be
substantial. If you fail to provide those additional funds
when required, your position may be liquidated at a loss
and you will be liable for any shortfall in your CFD Account
resulting from that failure. Positions are marked to market
on a daily basis with payments being settled daily to
account for market movements.
• Additional Margin: MFGA may require the payment
of Additional Margin during the term of an Index and
Commodity CFD, in addition to the Initial Margin and
Variation Margin. Additional Margin must be paid to MFGA
within 24 hours or such lesser time as required by MFGA.
• Leverage: The high degree of leverage that is involved
in Index and Commodity CFDs because of small Margin
requirements can work against you as well as for you.
The use of leverage can lead to large losses as well as
large gains.
Investment in Index and Commodity CFDs is speculative, carries a high level of risk and returns are volatile. You should seek independent advice and consider carefully whether Index and Commodity CFDs are appropriate for you given your experience, financial objectives, needs and circumstances. Some of the significant risks involved in trading Index and Commodity CFDs include:
• Credit risk: MFGA is the counterparty to any CFDs that
you may enter into under this PDS. MFGA’s obligations
in respect of those CFDs are not guaranteed by MF Global
Holdings Ltd or any other entity. Accordingly, you take
the risk that MFGA may not be able to meet its obligations
in respect of any CFD that it enters into with you. If MFGA
were to become insolvent or otherwise unable to pay its
debts it may be unable to meet its obligations to you in
whole or in part, or there may be a delay in MFGA fulfilling
its obligations to you. It is important that you understand
the risks of this counterparty relationship. To assist you
to assess counterparty risk, a copy of MFGA’s most recent
financial statements lodged with ASIC is available from
MFGA on request, free of charge.
• Client Money: Even though money to which you are
entitled in respect of your CFD Account may be paid into
a segregated account, this may not afford you absolute
protection. First, within the segregated account, all client
funds are pooled together and so an individual client
balance may not be protected if there is a default in the
overall segregated account balance. Secondly, if you have
incurred Margin obligations to MFGA, your client funds
will be paid to MFGA to meet those obligations. Thirdly,
to the extent that MFGA has used client funds to meet
obligations incurred by MFGA in respect of its hedging
activities (see section 7.3) there is an exposure to
counterparty risk in relation to both MFGA and, indirectly
to the Hedge Counterparty, in relation to those funds. For
these reasons you are exposed to the risk that you may
not receive all money to which you are entitled if there is
a deficit in the client money account and MFGA becomes
insolvent or is otherwise unable to pay any amount owing
to you.
• Operational risk: Operational risk is inherent in every
Index and Commodity CFD transaction. For example,
disruptions in MFGA’s operational processes such as
communications, computers, computer networks or
external events may lead to delays in the execution and
settlement of a transaction.
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• MFGA’s powers on default, indemnities and limitations on liability: If you fail to pay, or provide security
for, amounts payable to MFGA or fail to perform any
obligation included in the CFD Client Agreement, or any
other default event occurs, MFGA has extensive powers
to take steps to protect its position. These powers
include the power to close out positions and the power
to charge default interest. See sections 2.14 to 2.16 for
further information. Under the CFD Client Agreement you
also indemnify MFGA and its employees, agents and
representatives against certain losses and liabilities.
Further, MFGA’s liability to you is expressly limited.
You should read the CFD Client Agreement carefully to
understand these matters.
• Liquidity: Under certain conditions, it may become
difficult or impossible for you to close out a position.
This can happen when there is a significant change in the
Contract Price over a short period. Some international
markets may have lower trading volumes than the primary
international markets. This may increase the risk that the
liquidity of the underlying Futures Contract is decreased
or removed.
• Political risk: Political changes in a country can have
a significant impact on the value of underlying Futures
Contracts quoted on an exchange in such country.
Political risks may arise, for example, from a change
in government, change in economic policy, trade
restrictions, nationalization of industries or instability in
the region.
• Regulatory environment: The level of government
regulation in a country in which an underlying Futures
Contract is quoted may be less than the level of
regulation which applies in Australia. This may lead to
increased fluctuations in, and may adversely affect, the
value of an Index and Commodity CFD.
• Interest rate fluctuations: The interest rates that are
payable in relation to your CFD Account balance and
open Index and Commodity CFD positions will be affected
by fluctuations in the applicable interest rate specified
by MFGA for the currency in which your CFD Account is
denominated.
You should note that in relation to interest on credit
balances (discussed at section 5.6.1 of the PDS) MFGA
determines the applicable MFGA Base Rate and applies a
margin of up to 3.5%. After the margin has been applied
to the MFGA Base Rate, the actual interest rate applicable
may be zero, in which case you would receive no interest
even with the credit balance in the relevant currency.
You should further note that in relation to funding rates
paid on Rolling CFD short positions held overnight
(discussed at section 5.6.3 of the PDS) MFGA determines
the applicable MFGA Base rate and applies a margin up
to 3%. After the margin has been applied to the MFGA
Base Rate, the actual funding rate may be a negative rate.
If this is the case, MFGA will debit such amount from your
CFD account.
• Foreign exchange exposure: When you enter into an
Index and Commodity CFD, all Initial Margin, Variation
Margin, profits, losses, debits and credits in relation to
an Index and Commodity CFD are calculated, and are
payable, in the Relevant Currency. Accordingly, if you hold
a credit or debit balance in any Foreign Currency Ledger
in your CFD Account, you will be exposed to foreign
exchange rate fluctuations. In addition, upon closing an
Index and Commodity CFD position you will be able to
request that the foreign currency balance is converted to
AUD or any other foreign currency agreed to by MFGA. Any
conversion will be at the Exchange Rate quoted by MFGA.
Until the foreign currency balance is converted to AUD or
such other currency as you request, fluctuations in the
relevant foreign exchange rate may affect the ultimate
profit or loss made on the Index and Commodity CFD
position in AUD or such other currency. See Example 7 in
section 8 for illustrations of this.
Dealing in foreign currency related transactions can
expose you to foreign exchange risks between the time
the transaction is entered into and the time the relevant
conversion of currencies occurs. Foreign exchange
markets can change rapidly. Exchange rates depend
on a number of factors including for example, interest
rates, currency supply and demand and actions of
government. In some situations, exchanges of currency
may be suspended. There is always operational risk in a
foreign exchange transaction. For example, disruptions
in our operational processes such as communications,
computers and computer networks, or external events
may lead to delays in the execution and settlement of a
transaction. You should have regard to these risks when
considering Index and Commodity CFD transactions.
• Conditional Orders: A conditional order is an order that
will only be executed when a specified condition (or
conditions) are met. For example, you could place an
order to enter into an Index and Commodity CFD when
the Contract Price reaches a certain level. Alternatively,
you may enter an order to close out an Index and
Commodity CFD when the Contract Price falls to a
certain level (commonly known as a “stop loss” order).
It is important to understand that conditional orders
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(including “stop loss” orders) are not guaranteed and
there may be times when MFGA does not execute your
order despite the underlying Futures Contract trading at
the level specified in the order. This may occur due to,
for example, the application of the MFGA Spread (and,
in the case of Rolling CFDs, the Fair Value component) or
volatile movements in the price of the underlying Futures
Contract. Also, if the price of a Futures Contract moves
suddenly, MFGA may be unable to execute an order at
the level specified, or may execute your order at a level
different to that specified by you. You may suffer losses
as a result. You should monitor your conditional orders
and contact MFGA if you believe that your order has not
been executed correctly or the parameters of your order
have been met. MFGA will not be liable for any orders,
including any conditional orders, which are not executed.
• Involuntary close out: MFGA has the right to close out
an Index and Commodity CFD without your agreement,
in a number of circumstances. See section 2.6.2 for
further information. Accordingly, you may not be able
to anticipate or control the time at which an Index and
Commodity CFD position is closed out. It is possible
that close out may occur at a time when you do not have
sufficient funds in your CFD Account to cover payment of
any amounts required to be paid by you on close out of
the Index and Commodity CFD (including interest and any
other credits and debits).
• Loss due to spreads and commissions: Because of the
spreads (including the MFGA Spread) which exist in
respect of buying and selling Index and Commodity CFDs,
the price of an Index and Commodity CFD must move
in your favour by more than the amount of the relevant
spread before you can break even. See section 5.1 and
5.2 for more information.
• Restrictions on withdrawal of funds: In section 2.8 of
this PDS we mention that you may request a withdrawal of
funds and that MFGA has a discretion as to whether it will
allow a withdrawal. In particular, MFGA may not permit
the withdrawal of funds if you did not have sufficient
Free Equity in your CFD Account, if you had outstanding
payment obligations to MFGA such that the withdrawal
would result in the Free Equity being insufficient to cover
such obligations and also if MFGA considers that the
volatility of your CFD positions is such that a revaluation
of your positions at then current market prices would, or
would be likely to, result in MFGA calling further Margin
from you.
This is only a summary of the significant risks involved
in trading Index and Commodity CFDs. MFGA strongly
recommends that you obtain independent advice before
proceeding with any Index and Commodity CFD transaction.
You should also consider seeking independent advice before
entering into the CFD Client Agreement, as it is an important
legal document.
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5. Amounts Payable And Interest Paymentsrange;however,intimesofhighvolatility,thespreadsmay
exceed the above range.
The MFGA Spread reflects factors including without
limitation costs associated with hedging MFGA’s exposure
with a Hedge Counterparty, costs and taxes of MFGA entering
into CFDs with you, and a profit margin for MFGA.
The actual MFGA Spread applicable to any Index and
Commodity CFD can be found in the contract specifications
on MFGA’s website.
5.2 Commission
Commission may be charged on each CFD transaction when
you enter into a CFD and when you close out a CFD. Subject
to the comments regarding “minimum tickets” below, where
commission is charged, it will not be more than 100 basis
points (ie 1.00%) of the Open Contract Value (in respect of
commission payable when you enter a CFD), and 100 basis
points of the Closing Value of the CFD transaction (in respect
of commission payable when you close a CFD). If you enter
into CFD transactions with MFGA on a frequent basis, a
discount to the commission charged may be offered. You
should contact your adviser if you wish to discuss this.
The 100 basis points “cap” on commission described
above does not apply to very small transactions, because
MFGA imposes a “minimum ticket” or minimum amount of
commission which is payable in respect of CFD transactions.
The minimum commission will not exceed USD100.00 per
CFD transaction. You should contact your advisor to confirm
the actual amount of commission payable (if any).
5.3 Fair Value – Rolling CFDs
In respect of a Rolling CFD, the price MFGA quotes to you to
buy or sell a Rolling CFD will be affected by the application of
a Fair Value component.
The Fair Value component takes account of two factors, namely:
• theannouncedandanticipateddividends,distributions
and any other corporate actions (including for example
takeovers, mergers, demergers, share splits, bonus issues
and rights issues) to be paid by the entities making up the
relevant index covered by the underlying Futures Contract
(in this regard you should also note the operation of the
DividendAdjustment,discussedinsection5.4below);and
• theimplicitfundingcostthatisincludedinthepriceof
the underlying Futures Contract
If you instruct MFGA that you wish to enter into an Index
and Commodity CFD with MFGA you must pay all transaction
fees, Margins, settlements, interest and any other amounts
due under the CFD Client Agreement on demand by MFGA in
cleared funds or as otherwise required under the terms of
the CFD Client Agreement.
All payments made by you are to be made without any
set off by you, counter claim or condition and without
any deduction or withholding for any tax or any other
reason unless the deduction or withholding is required by
applicable law. If you are required to make a deduction or
withholding in respect of tax from any payment to MFGA, or
if MFGA is required to pay any tax in respect of any payment
made to you at your request, you must indemnify MFGA
against that tax and you must pay MFGA an additional
amount to ensure MFGA receives an amount that is equal to
the amount that MFGA would have received had a deduction
or withholding, or payment of tax, not been made.
In respect of each Index and Commodity CFD, all amounts
due to MFGA or payable by MFGA to you are payable in the
Relevant Currency, except that:
•youmayrequestawithdrawalfromtheFreeEquityinyour
CFD Account in AUD or such other currency as agreed to
byMFGA;and
•youmayrequestthat,afteranIndexandCommodityCFD
has been closed out, amounts payable into your CFD
Account by MFGA be converted by MFGA into another
currency agreed to by MFGA.
The CFD Client Agreement governs all payments made in
respect of Index and Commodity CFDs. You should also
be aware that MFGA may set off any money owed to you
under the CFD Client Agreement against any money owed by
you to MFGA under the CFD Client Agreement or any other
agreement that you have in place with MFGA.
5.1 MFGA Spread
MFGA will apply a spread, known as the MFGA Spread, when
it quotes prices to you to buy or sell an Index and Commodity
CFD position. The MFGA Spread is in addition to any buy/sell
spread or similar spread which may apply to the underlying
Futures Contract on the Relevant Exchange on which the
underlying Futures Contract is traded.
The MFGA Spread will generally be between 0.01 price
interest points and 100 price interest points. In times of low
volatility, the spreads may be even lower than the above
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The Fair Value component is applied to the price of the
underlying Futures Contract and may be a positive or
negative amount. The Fair Value component will change in
line with changes to the two factors listed above.
Fair Value is not applied to Expiring CFDs.
5.4 Dividend Adjustment – Rolling CFDs
A cash adjustment known as the Dividend Adjustment will
be applied to your CFD account if you hold an open Rolling
CFD at Business Close on the Local Business Day prior to the
ex-dividend or ex-distribution date for an ordinary dividend
or distribution in respect of a constituent of the index
covered by the relevant Futures Contract. The Dividend
Adjustment will usually be applied within two Local Business
Days of the relevant ex-dividend or ex-distribution date, or
in the case of a corporate action, the relevant date for that
corporate action as determined by MFGA, acting reasonably.
The Dividend Adjustment will reflect the cash amount of the
dividend, distribution or other corporation action and that
constituent’s weighting in the relevant index and will not
take into account any franking credits or similar amounts
(if applicable). You will generally receive a Dividend
Adjustment if you hold a long Rolling CFD and you will be
generally required to pay a Dividend Adjustment if you hold
a short Rolling CFD.
No Dividend Adjustment is made in respect of Expiring CFDs.
5.5 Electronic Trading Charges
Under the terms of the CFD Client Agreement if you have
access to MFGA’s CFD electronic trading platform, MFGA
is permitted to deduct any charges associated with that
platform from your CFD Account. The standard monthly fee
will not exceed AUD100 per month (exclusive of GST). To
access live prices via the electronic trading platform you
will be required to enter into an electronic order entry and
account access agreement with MFGA substantially in the
form attached to the CFD Client Agreement – you should
contact your adviser for details.
5.6 Interest
Interest is calculated and paid separately in respect of each
currency held in your CFD Account. The applicable interest
rate for debit and credit balances in a Relevant Currency
at any time is the current MFGA Base Rate plus or minus a
margin, as set out below. The actual interest rate margins
payable will be set by MFGA and communicated to you by
your adviser when you open your CFD Account and will be
published on MFGA’s website at
http://www.mfglobal.com.au/cfd-base-rates.html.
The MFGA Base Rate for each Relevant Currency is subject
to change as it is set by MFGA in its sole discretion, having
regard to the current money market rate in the jurisdiction of
the Relevant Currency.
5.6.1 Interest on CFD Account credit and debit balances
The rate of interest paid by MFGA in respect of a credit
balance of the Free Equity in your CFD Account in respect of
each Relevant Currency is the applicable MFGA Base Rate, in
each case minus a maximum of 3.5% per annum. The rate of
interest charged by MFGA in respect of a debit balance of the
Free Equity in your CFD Account in respect of each Relevant
Currency is the applicable MFGA Base Rate, in each case
plus a maximum of 4% per annum. The actual interest rate
margin is set by MFGA in its discretion and MFGA reserves
the right to adjust the margin. Interest is calculated daily and
posted monthly.
You should note that, as interest is calculated separately in
respect of each currency held in your CFD Account, even if the
aggregate Free Equity in your CFD Account is a credit balance,
you must pay MFGA debit interest in respect of each currency
in your CFD Account for which you have a debit balance.
In addition, although interest on credit balances of your Free
Equity is payable by MFGA, depending on the applicable
MFGA Base Rate, after the margin of up to 3.5% has been
applied to the MFGA Base Rate, the actual interest rate may
be zero, in which case you would receive no interest even
with the credit balance in the relevant currency.
If you do not pay any amount owing to MFGA on its due date,
under the CFD Client Agreement, default interest is payable
on the amount owing instead of debit balance interest (see
section 5.6.2).
5.6.2 Default Interest
MFGA is entitled under the terms of the CFD Client
Agreement to charge interest on any amount which you fail
to pay when it is due to be paid to MFGA. Default interest
will be charged in respect of each amount owing in the
currency in which such amount is payable from the date the
amount becomes due until the date the amount together
with interest is paid in full and is calculated daily and
compounded monthly at a maximum rate of the RBA Rate in
respect of AUD amounts or the applicable MFGA Base Rate
(in respect of any other amounts) in each case, plus 8% per
annum. The actual default interest margin is set by MFGA in
its discretion.
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5.6.3 Funding Rates on Contract Value of long and short open positions
No funding rates are paid or payable in respect of Expiring
CFDs.
For Rolling CFDs funding rates do apply for holding open CFD
positions past Business Close.
The funding rate you must generally pay MFGA in the event
you hold a long position in a Rolling CFD past Business Close
is the applicable MFGA Base Rate plus a maximum of 3% per
annum of the Contract Value of such long position.
The funding rate MFGA must generally pay you if you hold
a short position in a Rolling CFD past Business Close is
the applicable MFGA Base Rate less a maximum of 3% per
annum of the Contract Value of such short position.
You should note that, although MFGA must pay you
a funding rate if you hold a short position overnight,
depending on the applicable MFGA Base Rate, after the
margin has been applied to the MFGA Base Rate, the actual
funding rate may be a negative rate. If this is the case, MFGA
will debit such amount from your CFD account, meaning that
you will be required to pay MFGA a funding rate rather than
MFGA pay you a funding rate even though you are holding a
short position in a Rolling CFD past Business Close.
No funding rate is paid or received if you open and close
a Rolling CFD position before Business Close on the same
Local Business Day.
Funding rates are calculated as the number of CFDs you
hold multiplied by the price of the Rolling CFD at Business
Close multiplied by the applicable funding rate multiplied
by the applicable day count fraction for the Relevant
Currency (e.g. generally 1/360 or 1/365, depending on the
Relevant Currency).
The funding rate is usually calculated daily and debited
or credited to your CFD account on the following Sydney
Business Day. The funding rate payable by you is in addition
to any Variation Margin, debit interest or any other amounts
which you are required to pay (see sections 2.5).
For example, if you were holding a long Rolling CFD position
and the funding rate was 3% over the MFGA Base Rate
(say, 3.5%) you would be paying a funding rate of 6.5%
per annum. If the contract was for 10 AU200CASH and the
closing price was AUD4500 per CFD, the open position
value would be AUD45,000. The funding charge would
be approximately AUD8.01* for every day the contract is
maintained (AUD45,000 x 6.5% = AUD2,925 divided by 365).
As another example, if you were holding a short position in
a Rolling CFD and the funding rate was 3% under the MFGA
Base Rate (say, 3.5%) you would be paid a funding rate of
0.50% per annum. If the contract was for 10 AU200CASH and
the closing price was AUD4400 per CFD, the open position
value would be AUD44,000. The funding rate you would
receive would be approximately AUD0.60* for every day
the contract is maintained (AUD44,000 x 0.50% = AUD220
divided by 365).
As a further example, if you were holding a short position in
a Rolling CFD and the funding rate was 3% under the MFGA
Base Rate (say 0.16%) you would be paying a funding rate of
2.84% per annum. If the contract was for 5 US30CASH and
the closing price was USD12500 per CFD, the open position
value would be USD62,500. The funding charge would
be approximately USD4.93* for every day the contract is
maintained (USD62,500 x 2.84% = USD1,775 divided by 360).
*The exact amount of interest paid will vary each day,
depending on such factors as the closing price of the
underlying securities in your CFD portfolio, changes to the
holdings within your CFD portfolio and/or movements in the
MFGA Base Rate and changes by MFGA to the margin that is
applied to the MFGA Base Rate.
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6. Taxation
Entering into Index and Commodity CFDs may have tax
implications for you. Taxation law is complex and its
application will depend on your circumstances. MFGA
recommends that you consult your tax adviser when
determining if a product is suitable for you.
A general summary of the tax issues relevant to Index and
Commodity CFDs offered by MFGA is provided below in a
letter from Blake Dawson.
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Sydney Melbourne Brisbane Perth Canberra Port Moresby Shanghai Associated Office Jakarta
213259215_3 1
Level 36, Grosvenor Place 225 George Street Sydney NSW 2000 Australia
The Directors MF Global Australia Limited Level 21 Grosvenor Place 225 George Street SYDNEY NSW 2000
The Directors
MF Global Australia Limited – Index and Commodity Contracts for Difference Tax Summary
This letter has been prepared for the purposes of inclusion in the product disclosure statement dated on or about 23 May 2011 (PDS) issued by MF Global Australia Limited (MFGA) in respect of contracts for difference in respect of futures contracts over an index or commodity (CFDs). The tax information set out in this letter is based on the terms of the CFDs which will be entered into by MFGA and an investor as set out in the CFD client agreement.
This letter provides a summary of the main Australian income tax issues relevant to an Australian resident taxpayer who enters into a CFD in the course of carrying on a business or otherwise with the intention of making a profit (Investor). The taxation issues relevant to other investors are not addressed in this letter.
This tax summary is of a general nature only and does not take into account the specific circumstances of any particular Investor, or any elections that might be available to an Investor under the Income Tax Assessment Act 1936 or Income Tax Assessment Act 1997 (collectively referred to as the Act). As the taxation profile of each potential Investor is different, all Investors should seek their own independent advice in relation to the taxation implications of acquiring CFDs.
The representatives of Blake Dawson involved in preparing this letter are not licensed to provide financial product advice in relation to dealing in derivatives. Blake Dawson does not seek to recommend, promote or otherwise encourage any Investor to enter into the CFDs offered by MFGA under the PDS. The information provided in this letter does not take into account the objectives or circumstances of individual Investors and we recommend that Investors obtain their own independent advice before making any decision to enter into a CFD.
This letter is provided solely for the benefit of MF Global and may not be relied on by any other person, and is based on the Australian income tax laws and administrative practice applicable as at 9am (Sydney time) on the date of this letter. It should be noted that tax laws (and their interpretation by the Courts) and administrative practices change over time and this may impact upon the comments made in this letter. The comments in this letter are not binding on the Australian Taxation Office (ATO) and there is no assurance that the ATO will agree with the comments in this summary or that any contrary view of the ATO would not ultimately be upheld by a Court.
Capitalised terms not otherwise defined in this letter have the meaning given to them in the PDS.
T 61 2 9258 6000 F 61 2 9258 6999 DX 355 Sydney
Locked Bag No 6 Grosvenor Place Sydney NSW 2000 Australia
www.blakedawson.com
19 May 2011
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MF Global Australia Limited 19 May 2011
213259215_3 2
1. Overview
The ATO has issued Taxation Ruling (TR) 2005/15 outlining its views on the taxation treatment of contracts for difference. This ruling is a public ruling for the purposes of the Taxation Administration Act 1953 (Cth) and therefore, if the ruling applies to an Investor, the Commissioner of Taxation is bound to assess that Investor on the basis outlined in the ruling. Penalties may apply where the treatment outlined in the taxation ruling is not followed and the Investor has a tax shortfall.
In TR 2005/15, the ATO states that a gain from a CFD could give rise to assessable income and a loss from a CFD could be an allowable deduction, if:
(a) the investor entered into the CFD as an ordinary incident of carrying on a business; or
(b) the investor entered into the CFD as part of a business operation or as a commercial transaction for the purposes of profit making or more generally as part of a profit making scheme.
The paragraphs below are relevant to taxpayers in the above two categories. It is important to note that the comments in the paragraphs below have not been endorsed by the ATO, the ATO has not specifically listed CFDs over futures contracts in the ruling and the ATO's interpretation of the tax law as applying to a CFD could be different to that set out in the ruling. Accordingly we recommend all Investors seek independent advice on the taxation implications associated with the CFD.
In the ruling, the ATO noted that investors will generally be entering into and closing out CFDs within relatively short periods of time. It has been assumed in this letter that the Investor will enter into and close out the CFD within a short period of time and therefore the timing of assessable income and allowable deductions will not generally have a material impact on the Investor.
2. Taxation treatment of profits and income from a CFD
For a business Investor, profits from a CFD (profits) will be assessable if the Investor entered into the CFD as an ordinary incident of carrying on a business, or as part of the Investor's business operations. If the Investor is an individual (or other non-business) investor, the Investor's profits will be assessable if the CFD was entered into as a commercial transaction for the purpose of making a profit. The Investor's profits will be assessed when the CFD is closed out (which will occur when the CFD is closed out by the Investor or MFGA or (in the case of an Expiring CFD that has not previously been closed out) on the MFGA Expiry Date).
The amount of any profit should take into account the difference between the Closing Value and the Open Contract Value (translated into AUD as necessary under the foreign currency translation rules in the Act). Other items of assessable income may include: interest paid by MFGA on Free Equity (or other amounts) in an Investor's CFD account, funding rates received by an Investor in respect of Rolling CFD open positions and Dividend Adjustments received in respect of a long Rolling CFD. Investors should generally not be taxed on Variation Margins paid to them by MFGA, given that Investors have not derived that amount as income.
Interest or other amounts derived by an Investor and denominated in foreign currency will need to be translated into AUD under the foreign currency translation rules in the Act.
3. Taxation treatment of losses and deductions from a CFD
For a business Investor, generally speaking, losses from a CFD (losses) will be deductible if the Investor entered into the CFD as an ordinary incident of carrying on a business, or as part of the Investor's business operations. If the Investor is an individual (or other non-business) investor, the Investor's losses will generally be deductible if the Investor entered into the CFD as a commercial transaction for the purpose of making a profit. The Investor's losses will be deductible when the CFD is closed out (which will occur when the CFD is closed out by the Investor or MFGA or (in the case of an Expiring CFD that has not previously been closed out) on the MFGA Expiry Date).
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The amount of any loss should take into account the difference between the Closing Value and the Open Contract Value (translated into AUD as necessary under the foreign currency translation rules in the Act). Other items that may be recognised separately as deductions or which may enter the calculation of profits or losses include: interest paid by Investors on CFD account debit balances; funding rates paid by Investors in respect of Rolling CFD open positions; fees and commissions paid by Investors on the CFD; default interest paid by Investors on any unpaid amount due to MFGA; and Dividend Adjustments paid in respect of a short Rolling CFD. Depending on the particular circumstances of an Investor, amounts of funding rates, debit balance interest, fees and default interest may not be separately deductible in the year in which they are incurred, but rather may be factored into the calculation of a profit or loss realised on closing out a CFD. Investors would generally be unable to deduct any Initial Margin, Additional Margin or Variation Margin paid by them to MFGA, as these amounts are provided by Investors as collateral in respect of a CFD.
Interest or other expenses incurred by the Investor and denominated in foreign currency will need to be translated into AUD under the foreign currency translation rules in the Act.
4. Capital gains tax
The CFD will also be a capital gains tax asset for the purposes of applying the capital gains tax (CGT) provisions of the Act. However, to the extent that a capital gain arising as a result of a CGT event in relation to the CFD is included in an Investor's assessable income under a non-CGT provision, the capital gain resulting from that CGT event should generally be reduced by the amount of the assessable income. Similarly, to the extent that any loss under the CFD is deductible, this amount will not also contribute to a capital loss.
5. Taxation of financial arrangements
Division 230 of the Act operates to tax gains and losses (including foreign exchange gains and losses) arising from certain "financial arrangements" on revenue account and in some cases on a compounding accruals basis.
Investors that are individuals should be exempt from the application of Division 230 of the Act unless they make an election for it to apply. Other entities, including superannuation funds, managed investment schemes and financial entities, which are considered small may be exempt from the application of Division 230 of the Act unless they make an election for it to apply. As the application of Division 230 of the Act is dependent on the facts and circumstances of the Investor, Investors should obtain their own advice in relation to the potential applicability of Division 230 of the Act, in light of their own individual facts and circumstances.
6. Foreign Exchange Gains and Losses
In general terms, the foreign exchange provisions of the Act tax gains or losses arising due to differences in exchange rates between the date a right to receive or obligation to pay foreign currency (or an amount in Australian dollars calculated by reference to foreign currency) is recognised for tax purposes on the one hand, and the date that such right or obligation ceases on the other. Foreign exchange gains and losses can also arise when there is a disposal of foreign currency itself. Therefore, the foreign exchange provisions should be relevant where the Relevant Currency is in foreign currency or an amount payable to an Investor or payable by an Investor is otherwise calculated by reference to foreign currency.
A foreign exchange gain or loss can arise when a foreign exchange realisation event (FRE) occurs. The main FREs include:
(a) the disposal of foreign currency or a right to receive it;
(b) ceasing to have a right to receive, or an obligation to receive, foreign currency; and
(c) ceasing to have an obligation to pay, or a right to pay, foreign currency.
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Foreign exchange gains should generally be assessable, and foreign exchange losses should generally be deductible, to Investors unless they are made in gaining or producing income which is exempt from tax (e.g. if an Investor used a CFD to hedge exempt income). With some exceptions, foreign exchange gains and losses should not have any capital gains tax consequences.
A foreign exchange gain or loss may arise if, for example, foreign currency is credited to, or debited from, an Investor's CFD account as a result of transactions under the CFD.
Foreign exchange gains and losses recognised under the foreign exchange provisions of the Act are generally in addition to any assessable profit or income or deductible loss or expenses recognised under other provisions of the Act referred to in sections 2 and 3 above. To the extent that the same gain or loss would be included under more than one provision of the Act, it should only be included once as a foreign exchange gain or loss under the foreign exchange provisions of the Act.
The tax rules dealing with foreign exchange gains and losses are complex and there are a number of elections and methods which can be utilised by taxpayers to calculate foreign exchange gains and losses. Accordingly, Investors should obtain their own advice in relation to the application of these rules to their individual circumstances.
7. The impact of the general anti-tax avoidance provisions
The question of the applicability of the general anti-avoidance provisions in Part IVA of the Act (which can operate to cancel certain tax benefits) is something which can only be conclusively determined on a case-by-case basis in light of the relevant facts and circumstances arising for a particular taxpayer.
Investors should not be affected by the general anti-tax avoidance provisions contained in Part IVA of the Act, provided that all CFDs have not been entered into as part of a scheme with the dominant purpose of obtaining a tax benefit.
An Investor may be taken to have obtained a tax benefit if, very broadly, the tax outcomes under the scheme entered into by the Investor are more favourable than that which would, or might reasonably be expected to, have been the tax outcome if the scheme had not been entered into. However, even if a tax benefit has been obtained by an Investor, Part IVA can only apply if the scheme was entered into for the dominant purpose of obtaining that tax benefit. The existence of the dominant purpose should be determined on an objective basis, having regard to the list of relevant factual circumstances contained in Part IVA of the Act.
Yours faithfully
Blake Dawson
30
C230511
7.1 Contractual Terms
The relationship between you and MFGA is governed by the
CFD Client Agreement that you are required to enter into
before you open a CFD Account. MFGA will provide you with
a CFD Client Agreement to be executed by you and returned
to MFGA. You should note that the CFD Client Agreement
provides an indemnity by you to MFGA and its employees,
agents and representatives in respect of the execution of
your instructions, the occurrence of a default event, MFGA
exercising any of its rights or powers upon the occurrence of
a default event, any amount payable by you under the terms
of the CFD Client Agreement and anything lawfully done by
MFGA. For a copy of the CFD Client Agreement at any time
please contact MFGA. Contact details are set out in this PDS.
7.2 Confirmations and Statements
Confirmations, trading statements and month-end summary
statements are sent via e-mail. You must review any
confirmation or statement we send to you immediately upon
receipt to ensure its accuracy and report any discrepancies
to us.
MFGA will charge you for the following administration
services where requested by you or your representative.
The current rate which is normally charged is set out below.
However MFGA reserves the right to increase these charges
in its discretion without notice and you should contact your
adviser to confirm the applicable charge:
•duplicatehardcopyaccountstatements(AUD15perpage);
•copiesoftapedconversations(AUD15perhouroftapeper
retrieval);
•transcriptsoftapedconversations(AUD20perhouroftime
takentopreparetranscript);
•returnedchequefees(AUD30percheque);and
•bankconfirmations/auditcertificates(AUD15per
confirmation/certificate).
All the above amounts are exclusive of GST.
7. Other Important Information7.3 Client funds
MFGA will handle all client funds its receives in accordance
with, and subject to, the requirements of Part 7.8 Division
2 the Corporations Act. Where required by the Corporations
Act, client funds will be paid into a segregated account
maintained by MFGA with an Australian bank.
MFGA is entitled to withdraw client funds from the
segregated account in the circumstances and for the
purposes set out in the Corporations Act. For example, if you
incur a Margin obligation to MFGA, you will be required to
pay those Margin amounts to MFGA and your client funds
will be used to make that payment. Also, MFGA is entitled
to use client funds it receives in connection with Index and
Commodity CFDs (which are derivatives) for the purpose
of meeting obligations MFGA incurs in connection with
margining, guaranteeing, securing, transferring, adjusting
or settling dealings in derivatives by MFGA, including
dealings on behalf of other clients and, for example, to meet
obligations MFGA incurs in respect of its derivatives hedging
activities it undertakes to hedge its exposure to you and
other clients in relation to Index and Commodity CFDs.
Also, under the CFD Client Agreement you authorise MFGA
to deduct from the segregated account money to which you
are entitled, for the purposes of discharging obligations
which MFGA incurs to a Hedge Counterparty with whom
MFGA enters into derivatives to hedge its exposure to you in
connection with Index and Commodity CFDs or to hedge its
exposure to other clients who have entered into contracts for
difference with MFGA under agreements similar to the CFD
Client Agreement.
For example, even though you may deposit $10,000 with
MFGA and yourself incur Margin obligations to MFGA of
$4,000, some or all of the remaining $6,000 may have been
used by MFGA to meet obligations it incurs in respect of its
derivatives hedging activity.
It is therefore important for you to note that even though
your money may be paid into one or more segregated
accounts, this may not afford you absolute protection. First,
within the segregated account, all client funds are pooled
together and so an individual client balance may not be
protected if there is a default in the overall segregated
account balance. Secondly, if you have incurred Margin
obligations to MFGA, your client funds will be paid to MFGA
to meet those obligations. Thirdly, to the extent that MFGA
has used client funds to meet obligations incurred by MFGA
in respect of its hedging activities referred to above, there
31
230511
is an exposure to counterparty risk in relation to both MFGA
and, indirectly, to its Hedge Counterparty, in relation to
those funds. For these reasons you are exposed to the risk
that you may not receive all money to which you are entitled
if there is a deficit in the client money account and MFGA
becomes insolvent or is otherwise unable to pay any amount
owing to you.
You will receive account statements (see section 7.2
above). The statement will include information setting out
information such as cash balances and Free Equity. You
should note that a reference to a positive cash balance or
positive Free Equity does not mean that MFGA holds all or
any of that amount in a segregated account.
MFGA is entitled to retain any interest it earns on client
money held by MFGA in the segregated accounts it maintains
with a bank, approved deposit-taking institution and/or
exchange clearing house. The rate of interest is determined
by the organisations at which the client funds are held.
7.4 Hedging arrangements
When MFGA enters into Index and Commodity CFDs with
its clients, MFGA may, in turn, hedge its exposure to
those clients with a third party selected by MFGA (Hedge Counterparty). Transactions entered into by MFGA with a
Hedge Counterparty are referred to in this PDS as Hedge Positions. As noted in section 7.3 above, MFGA may use
funds from the segregated account to meet its obligations to
a Hedge Counterparty.
7.5 Disclaimer
Any reference in this PDS (or any document referred to in this
PDS) to a particular index or Futures Contract is included for
reference or illustrative purposes only. Other persons, such
as a Relevant Exchange, may have an interest in an index or
Futures Contract (for example, through the registration of a
trade mark in Australia or other jurisdictions). MFGA does
not hold itself out as having any proprietary or other interest
in any index or Futures Contract referred to in this PDS or any
other document referred to in this PDS.
32
C230511
8. Examples
The examples below are hypothetical scenarios of how an Index and Commodity CFD may operate. The amounts, figures and
outcomes are provided for illustrative purposes only and do not indicate actual values of an Index and Commodity CFD which may
be entered into with MFGA. You should consider the risks associated with Index and Commodity CFDs set out in section 4 of this
PDS and consult your financial, legal, taxation or other professional adviser before entering into an Index and Commodity CFD.
Example 1 – Expiring CFD - Long position which realises a profit.
Anthony believes that the Australian index will strengthen.
Anthony buys 10 AU200MAR10 (ASX SPI 200 Index March 2010 Contract) Expiring CFDs at 4,500, representing an exposure of AUD
10 per index point move. The position requires an Initial Margin of 5%. This example assumes that no commission is payable. The
impact on your return if commission were payable is set out at the end of this example below.
As Anthony predicted, the Australian Index rises. By mid afternoon, the AU200MAR10 has risen to 4,565, so Anthony decides to
take profit. He closes his position and makes a profit of AUD 650.
The total profit on this trade is AUD 650 (reflecting a return of 28.89% on initial outlay).
Open Long Position
Trade Buy AU200MAR10
Number of CFDs 10
Contract Price 4,500
Total Value AUD 45,000 Number of CFDs x Contract Price
Initial Margin AUD 2,250 5% of Total Value
Initial Outlay AUD 2,250
Close Long Position
Trade Sell AU200MAR10
Number of CFDs 10
Contract Price 4,565
Total Value AUD 45,650 Number of CFDs x Contract Price
Total Profit / Loss AUD 650 Closing Value per CFD – Open Contract Value per CFD
Return on Outlay 28.89% Total Profit/Loss divided by Initial Outlay
If commission had been payable on this trade at 0.10%, then a commission charge of AUD 45 would have been applied to open this position, and a commission charge of AUD 45.65 would have been applied to close this position. The Initial Outlay would have been AUD 2,295 resulting in a Total Profit of AUD 559.35, and a Return on Outlay of 24.37%.
33
230511
Example 1 - Account Entries - Anthony’s CFD Account will have the following entries (assuming he does not enter into any
other CFD transactions):
Description Total Cash Variation Margin GLV Initial Margin Free Equity
Day 1
Deposit of AUD on opening of account 20,000.00 20,000.00
Position opened at 4,500 -2,250.00 17,750.00
Current Price 4,565 20,000.00 650.00 20,650.00 -2,282.50 18,367.50
Position closed at 4,565 20,650.00Initial margin is released
20,650.00
34
C230511
Example 2 – Expiring CFD - Short position which realises a loss.
Sophie believes that the US index will weaken.
Sophie sells 20 US500MAR10 (S&P 500 Index March 2010 Contract) Expiring CFDs at 1,150 representing an exposure of
USD 20 per index point move. The position requires an Initial Margin of 8%. This example assumes that no commission is
payable. The impact on your return if commission were payable is set out at the end of this example below.
Unfortunately, Sophie was wrong and the US index pushes higher. By the end of the Local Business Day, the price has risen
to 1,155. The following day, US500MAR10 rises further, so Sophie decides to close her position. She closes her position at
1,162.25, and has made a loss of USD -245.
The total loss on this trade is USD -245 (reflecting a return of -13.32% on initial outlay), which remains in the USD ledger in
Sophie’s account until she instructs MFGA to transfer it back to her base currency (AUD).
Open Long Position
Trade Sell US500MAR10
Number of CFDs 20
Contract Price 1,150
Total Value USD 23,000 Number of CFDs x Contract Price
Initial Margin USD 1,840 8% of Total Value
Initial Outlay USD 1,840
Close Long Position
Trade Buy US500MAR10
Number of CFDs 20
Contract Price 1,162.25
Total Value USD 23,245 Number of CFDs x Contract Price
Total Profit / Loss USD -245 Open Contract Value per CFD – Closing Value per CFD
Return on Outlay -13.32% Total Profit / Loss divided by Initial Outlay
If commission had been payable on this trade at 0.10%, then a commission charge of USD 23.00 would have been applied to open this position, and a commission charge of USD 23.25 would have been applied to close this position. The Initial Outlay would have been USD 1,863.00, resulting in a Total Loss of USD -291.25, and a Return on Outlay of -15.63%.
35
230511
Exam
ple
2 - A
ccou
nt E
ntrie
s - S
ophi
e’s
CFD
Acc
ount
will
hav
e th
e fo
llow
ing
entr
ies
(ass
umin
g sh
e do
es n
ot e
nter
into
any
oth
er C
FD tr
ansa
ctio
ns):
AUD
Led
ger
U
SD L
edge
r
Desc
riptio
nTo
tal C
ash
Varia
tion
Mar
gin
GLV
Initi
al
Mar
gin
Free
Equ
ityTo
tal C
ash
Varia
tion
Mar
gin
GLV
Initi
al
Mar
gin
Free
Equ
ity
Day
1
Dep
osit
of A
UD
on
open
ing
of a
ccou
nt20
,000
.00
20,0
00.0
0
Posi
tion
open
ed a
t 1,1
500.
000.
00-1
,840
.00
-1,8
40.0
0
Posi
tion
at e
nd o
f Day
1,
reva
lued
at C
ontr
act P
rice
of 1
,155
-100
.00
(Var
iatio
n M
argi
n pa
yabl
e to
MFG
A)-1
00.0
0-1
,848
.00
-1,9
48.0
0
Posi
tion
clos
ed a
t 1,1
62.2
5-2
45.0
0Va
riatio
n m
argi
n of
-245
.00
is n
ow re
alis
ed lo
ss, a
nd is
de
bite
d fr
om T
otal
Cas
h-2
45.0
0In
itial
m
argi
n is
re
leas
ed-2
45.0
0
Clie
nt in
stru
cts
MFG
A to
co
nver
t the
USD
bal
ance
ba
ck to
AU
D. R
ate
quot
ed
is 0
.92
USD
per
AU
D
19,7
33.7
019
,733
.70
0.00
0.00
36
C230511
Example 3 – Rolling CFD - Short position which realises a profit.
Mary believes that the Australian index will weaken.
Mary sells 12 AU200CASH Rolling CFDs at 4,630 representing an exposure of AUD 12 per index point move. The position
requires an Initial Margin of 5%. This example assumes that no commission is payable. The impact on your return if
commission were payable is set out at the end of this example below.
As Mary predicted, the Australian index falls. By the end of the Local Business Day, the price has fallen to 4,578. Mary holds
her position open past Business Close, so a funding rate of 3% below the MFGA Base Rate (for the purpose of this example,
4.75%) is applied. A Dividend Adjustment (reflected in your CFD account as a cash adjustment) of AUD 1.01 is applied to her
account to reflect dividends paid on the constituents of the Australian index covered by the underlying Futures Contract.
The following day, AU200CASH falls further, so Mary decides to take profit. She closes her position at 4,531, and has made a
profit of AUD 1,189.62.
The total profit on this trade is AUD 1,189.62 (reflecting a return of 42.82% on initial outlay).
*This MFGA Base Rate is indicative only and is subject to change.
Open Short Position
Trade Sell AU200CASH
Number of CFDs 12
Contract Price 4,630
Total Value AUD 55,560 Number of CFDs x Contract Price
Initial Margin AUD 2,778 5% of Total Value
Initial Outlay AUD 2,778
Open Position Held Past Business Close
Contract Price 4,578 Settlement price at end of Local Business Day
Open Contract Value AUD 54,936 Number of CFDs x Contract Price
Funding Cost (MFG Base Rate - 3%) AUD 2.63
Open Contract Value x Interest Rate / 365 calculated each day the contract is held open using the settlement price of the Contract Security, and posted daily.
Dividend Adjustment (AUD 1.01)Cash adjustment reflecting the amount of any constituents' dividends or distributions and their weightings in the relevant index covered by the underlying Futures Contract.
Close Short Position
Trade Buy AU200CASH
Number of CFDs 12
Contract Price 4,531
Total Value AUD 54,372 Number of CFDs x Contract Price
Total Profit / Loss AUD 1,189.62 Open Contract Value per CFD – Closing Value per CFD + Funding Cost + Dividend Adjustment
Return on Outlay 42.82% Total Profit divided by Initial Outlay
If commission had been payable on this trade at 0.10%, then a commission charge of USD23.00 would have been applied to open this position, and a commission charge of USD22.69 would have been applied to close this position. The Initial Outlay would have been USD1,863.00, resulting in a Total Profit of USD264.31, and a Return on Outlay of 14.19%.
37
230511
Example 3 - Account Entries – Mary’s CFD account will have the following entries (assuming she does not enter into any other
CFD transactions):
Description Total Cash Variation Margin GLV Initial Margin Free Equity
Day 1
Deposit of AUD on opening of account
20,000.00 20,000.00
Position opened at 4,630 -2,778.00 17,222.00
Position at end of Day 1, revalued at Contract Price of 4,578
624.00 (Variation Margin payable by MFGA)
20,624.00 -2,746.80 17,877.20
Day 2
Funding cost (at 1.75%) posted on the open CFD position using the previous Business Day’s settlement price of 4,578 (credit AUD 2.63)
20,002.63 17,879.83
Dividend adjustment (debit AUD 1.01)
20,001.62 17.878.82
Position closed at 4,531 21,189.62
Variation margin of 1,188 is now realised profit, and is credited to Total Cash
Initial margin is released
21,189.62
38
C230511
Example 4 – Rolling CFD - Long position which realises a loss.
Andrew believes that the Japanese index will strengthen.
Andrew buys 100 JP225CASH Rolling CFDs at 9,450 representing an exposure of JPY 100 per index point move. The position
requires an Initial Margin of 10%. This example assumes that no commission is payable. The impact on your return if
commission were payable is set out at the end of this example below.
Unfortunately, Andrew was wrong and the Japanese index drops. By the end of the Local Business Day, the price has dropped
to 9,350. Andrew holds his position open past Business Close, so a funding rate of 3% over the MFGA Base Rate (for the
purpose of this example, 0.14%)* is applied. A Dividend Adjustment (reflected in your CFD account as a cash adjustment)
of JPY 863 is applied to his account to reflect dividends paid on the constituents of the Japanese index covered by the
underlying Futures Contract.
The following day, JP225CASH falls further, so Andrew decides to close his position. He closes his position at 9,250, and has
made a loss of JPY -19,219.
The total loss on this trade is JPY -19,219 (reflecting a return of -20.34% on initial outlay), which remains in the JPY ledger in
Andrew’s account until he instructs MFGA to transfer it back to his base currency (AUD).
*This MFGA Base Rate is indicative only and is subject to change.
Open Long Position
Trade Buy JP225CASH
Number of CFDs 100
Contract Price 9,450
Total Value JPY 945,000 Number of CFDs x Contract Price
Initial Margin JPY 94,500 10% of Total Value
Initial Outlay JPY 94,500
Open Position Held Past Business Close
Contract Price 9,350 Settlement price at end of Local Business Day
Open Contract Value JPY 935,000 Number of CFDs x Contract Price
Funding Cost (MFG Base Rate + 3%) (JPY 82)
Open Contract Value x Interest Rate / 360 calculated each day the contract is held open using the settlement price of the Contract Security, and posted daily.
Dividend Adjustment JPY 863Cash adjustment reflecting the amount of any constituents' dividends or distributions and their weightings in the relevant index covered by the underlying Futures Contract.
Close Short Position
Trade Sell JP225CASH
Number of CFDs 100
Contract Price 9,250
Total Value JPY 925,000 Number of CFDs x Contract Price
Total Profit / Loss JPY -19,219 Closing Value per CFD – Open Contract Value per CFD + Funding Cost + Dividend Adjustment
Return on Outlay -20.34% Total Profit / Loss divided by Initial Outlay
If commission had been payable on this trade at 0.10%, then a commission charge of USD23.00 would have been applied to open this position, and a commission charge of USD22.69 would have been applied to close this position. The Initial Outlay would have been USD1,863.00, resulting in a Total Profit of USD264.31, and a Return on Outlay of 14.19%.
39
230511
Exam
ple
4 - A
ccou
nt E
ntrie
s –
Andr
ew’s
CFD
acc
ount
will
hav
e th
e fo
llow
ing
entr
ies
(ass
umin
g he
doe
s no
t ent
er in
to a
ny o
ther
CFD
tran
sact
ions
):
AUD
Led
ger
JPY
Ledg
er
Des
crip
tion
Tota
l Cas
hVa
riatio
n M
argi
nG
LVIn
itial
M
argi
nFr
ee
Equi
tyTo
tal
Cash
Varia
tion
Mar
gin
GLV
Initi
al
Mar
gin
Free
Eq
uity
Day
1
Dep
osit
of A
UD
on
open
ing
of a
ccou
nt20
,000
.00
20,0
00.0
0
Posi
tion
open
ed a
t 9,4
500
0-9
4,50
0-9
4,50
0
Posi
tion
at e
nd o
f Day
1, r
eval
ued
at
Cont
ract
Pric
e of
9,3
50
-10,
000
(Var
iatio
n M
argi
n pa
yabl
e to
M
FGA)
-10,
000
-93,
500
-103
,500
Day
2
Fund
ing
cost
(at 3
.14%
) pos
ted
on th
e op
en C
FD p
ositi
on u
sing
the
prev
ious
Bu
sine
ss D
ay’s
set
tlem
ent p
rice
of
9,35
0 (d
ebit
JPY
82)
-82
-103
,582
Div
iden
d ad
just
men
t (cr
edit
JPY
863)
78
1-1
02,7
19
Posi
tion
clos
ed a
t 9,2
50-1
9,21
9
Varia
tion
mar
gin
of
-20,
000
is n
ow re
alis
ed
loss
, and
is d
ebite
d fr
om T
otal
Cas
h
-19,
219
Initi
al
mar
gin
is
rele
ased
-19,
219
Clie
nt in
stru
cts
MFG
A to
con
vert
the
JPY
bala
nce
back
to A
UD.
Rat
e qu
oted
is
81.
759
JPY
per A
UD
19,7
64.9
319
,764
.93
0.00
0.00
40
C230511
Example 5 – Additional Margin (Margin Call)
Robert believes that the HK index will rise. Robert buys 15 HKMAR10 (Hang Seng Index March 2010 Contract) Expiring CFDs at
HKD 21,300, representing an exposure of HKD 15 per index point move. The position requires an Initial Margin of 10%. This
example assumes that no commission is payable. The impact on your return if commission were payable is set out at the end
of this example below.
The HK Index trades significantly down. Robert’s Free Equity moves into negative, and he receives a call for Additional Margin
(a margin call) from MFGA’s Index and Commodity CFD desk.
Open Long Position
Trade Buy HKMAR10
Number of CFDs 15
Contract Price 21,300
Total Value HKD 319,500 Number of CFDs x Contract Price
Initial Margin HKD 31,950 10% of Contract Value
Initial Outlay HKD 31,950
Open Position Held Past Business Close
Contract Price 20,900
Total Value HKD 313,500 Number of CFDs x Contract Price
Initial Margin HKD 31,350 10% of Contract Value
Unrealised Profit/Loss
HKD -6,000
AUD Free Equity AUD 5,000 Initial account balance
HKD Free Equity HKD -37,350 Initial Margin + Unrealised Profit/Loss
AUD equivalent Free Equity
AUD -217.79AUD free equity plus HKD free equity converted to AUD at 7.1582 HKD per AUD
Close Short Position
AUD equivalent Free Equity
AUD -217.79AUD free equity plus HKD free equity converted to AUD at 7.1582 HKD per AUD
Additional Funds AUD 2,000
AUD Free Equity AUD 7,000 Initial account balance plus additional funds
HKD Free Equity HKD-37,350 Initial Margin + Unrealised Profit/Loss
AUD equivalent Free Equity
AUD 1,782.21 Positive free equity restored
If commission had been payable on this trade at 0.10%, then a commission charge of HKD 319.50 would have been applied to open this position. The Initial Outlay would have been HKD 32,269.50, so the HKD Free Equity would have been HKD-37,669.50 after the additional funds had been provided resulting in an AUD equivalent Free Equity of AUD 1,737.57
41
230511
Exam
ple
5 Ac
coun
t Ent
ries
- Rob
ert’s
CFD
acc
ount
will
hav
e th
e fo
llow
ing
entr
ies
(ass
umin
g he
doe
s no
t ent
er in
to a
ny o
ther
CFD
tran
sact
ions
):
AUD
Led
ger
HKD
ledg
er
Desc
riptio
nTo
tal C
ash
Varia
tion
Mar
gin
GLV
Initi
al
Mar
gin
Free
Eq
uity
Tota
l Ca
shVa
riatio
n M
argi
nG
LVIn
itial
M
argi
nFr
ee
Equi
ty
Day
1
Dep
osit
of A
UD
on
open
ing
of a
ccou
nt5,
000.
005,
000.
00
Posi
tion
open
ed a
t 21,
300
0.00
0.00
-31,
950
-31,
950
Acco
unt b
alan
ce in
AU
D e
quiv
alen
t (H
KD c
onve
rted
to A
UD
at
7.1
582
HKD
per
AU
D)
5,00
0.00
536.
59
Posi
tion
mar
ked
at 2
0,90
0 in
tra-
day
-6,0
00
-6,0
00-3
1,35
0-3
7,35
0
Acco
unt b
alan
ce in
AU
D e
quiv
alen
t (H
KD c
onve
rted
to A
UD
at
7.1
582
HKD
per
AU
D)
5,00
0.00
-217
.79
Mar
gin
Call
AUD
2,0
00 a
dditi
onal
fund
s pr
ovid
ed
Acco
unt b
alan
ce in
AU
D e
quiv
alen
t (H
KD c
onve
rted
to A
UD
at
7.1
582
HKD
per
AU
D)
7,00
0.00
1,78
2.21
42
C230511
Example 6 – Interest on CFD account balances
Interest is calculated separately in respect of each currency held in your CFD account, even if the aggregate Free Equity in
your CFD account is a credit balance. This example illustrates the impact of interest calculations that are applied to the
balances in the account.
AUD Ledger USD Ledger JPY Ledger
Description Amount Balance Amount Balance Amount Balance
Day 1
Deposit of AUD on opening of account
25,000.00 25,000.00
Day 2
Interest paid on AUD balance at 2.00% per annum (based on 365 days per year)+.
1.37 25,001.37
Realised loss on USD trade -4,219.00 -4,219.00
Realised profit on JPY trade 352,600 352,600
Day 3
Interest paid on AUD balance at 2.00% per annum (based on 365 days per year).
1.37 25,002.74
Interest charged on USD balance at 2.91% per annum (based on 360 days per year)++.
-0.34 -4,219.34
Interest paid on JPY balance at 0% per annum (based on 360 days per year)+++.
0 352,600
Final account balance on Day 3 25,002.74 -4,219.34 352,600
+ The calculation assumes an MFGA Base Rate of 4.75% for AUD. MFGA determines that interest on AUD credit balances
is 2.00%, being the MFGA Base Rate less a margin of 2.75%. As you have a credit balance of AUD 25,000, you receive
interest for that day at 2% which is AUD 1.37.
++ The calculation assumes an MFGA Base Rate of 0.16% for USD. MFGA determines that interest on USD debit balances
is 2.91%, being the MFGA Base Rate plus a margin of 2.75%. As you have a debit balance of USD 4,219.00, you pay
interest for that day at 2.91%, which is USD 0.34.
+++ The calculation assumes an MFGA Base Rate of 0.12% for JPY. MFGA applies a margin, but that margin can not result
in the relevant interest rate being less than zero. In this case, MFGA determines a margin of at least 0.12%, resulting
in the interest rate on JPY credit balances being zero. No interest is therefore paid on this balance.
Note that MFGA determines the margin (up to 3.5% on credit balances and up to 4% on debit balances) applied to the
relevant MFGA Base Rate for the particular currency in its discretion. See section 5.6.1 of the PDS for more information.
Interest on Free Equity is calculated daily and posted to the account monthly.
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Example 7 - Example Currency Conversions - How AUD fluctuations can affect your profit or loss
When you enter into an Index and Commodity CFD, all Initial Margin, Variation Margin, profits, losses, debits and credits in
relation to an Index and Commodity CFD are calculated, and are payable, in the Relevant Currency. Accordingly, you will be
exposed to foreign exchange rate fluctuations.
Upon closing an Index and Commodity CFD position you will be able to request that any foreign currency balance is
converted to AUD. Any conversion will be at the Exchange Rate quoted by MFGA. Until any foreign currency balance is
converted to AUD, fluctuations in the relevant Exchange Rate may affect the ultimate profit or loss made on the Index and
Commodity CFD position in AUD. The examples below provide an illustration of this.
(a) AUD/USD conversion
AUD/USD USD Profitable Trade USD Losing Trade
USD Profit/Loss $15,000.00 -$15,000.00
0.7700 AUD Equivalent $19,480.52 -$19,480.52
0.7450 AUD Equivalent $20,134.23 -$20,134.23
Difference due to currency movement $653.71 -$653.71
In this case, if AUD/USD moves from 0.7700 to 0.7450 you can see that profits will increase. Conversely, losses will increase
due to currency fluctuations.
(b) AUD/JPY conversion
AUD/JPY JPY Profitable Trade JPY Losing Trade
JPY Profit/Loss ¥1,000,000 ¥1,000,000
90.00 AUD Equivalent $11,111.11 -$11,111.11
85.00 AUD Equivalent $11,764.71 -$11.764.71
Difference due to currency movement $653.59 -$653.59
In this case, if AUD/JPY moves from 90.00 to 85.00 you can see that profits will increase. Conversely, losses will increase due
to currency fluctuations.
(c) AUD/SGD conversion
AUD/SGD SGD Profitable Trade SGD Losing Trade
SGD Profit/Loss $25,000.00 -$25,000.00
1.2095 AUD Equivalent $20,669.70 -$20,669.70
1.1750 AUD Equivalent $21,276.60 -$21,276.60
Difference due to currency movement $606.90 -$606.90
In this case, if AUD/SGD moves from 1.2095 to 1.1750 you can see that profits will increase. Conversely, losses will increase
due to currency fluctuations.
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(d) AUD/HKD conversion
AUD/HKD HKD Profitable Trade HKD Losing Trade
HKD Profit/Loss $70,000 -$70,000
7.1200 AUD Equivalent $9,831.46 -$9,831.46
6.8500 $10,218.98 -$10,218.98
Difference due to currency movement $387.52 -$387.52
In this case, if AUD/HKD moves from 7.1200 to 6.8500 you can see that profits will increase. Conversely, losses will increase
due to currency fluctuations.
* Note: MFGA is NOT responsible for conversions. It is your responsibility to manage conversions. At your instruction, MFGA
will convert a balance in your CFD account to AUD.
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9. GlossaryAdditional Marginhasthemeaninggiventoitinsection2.5.3;
AUD means the lawful currency of the Commonwealth of
Australia;
Business Close means the time at which the financial market
oftheRelevantExchangeclosesonaLocalBusinessDay;
CFDmeansacontractfordifference;
CFD Account means an account established in your name by
MFGA for the purpose of trading CFDs (including Index and
CommodityCFDs);
CFD Client Agreement means the contract between you and
MFGA which governs each CFD transaction (including each
IndexandCommodityCFDtransaction);
Closing Price means the Contract Price of an Index and
Commodity CFD at the time it is closed out, as determined by
MFGA;
Closing Value means the Closing Price multiplied by the
ContractQuantity;
Contract Price means, in respect of an Index and Commodity
CFD, the price of the Index and Commodity CFD at any time
(which reflects the price of the underlying Futures Contract
after application of the MFGA Spread) and, in the case of a
RollingCFD,aFairValuecomponent);
Contract Quantity means one Index and Commodity CFD
(unless that number is adjusted by MFGA in accordance with
theCFDClientAgreement);
Contract Value means the Contract Price multiplied by the
ContractQuantity;
Corporations ActmeanstheCorporationsAct2001(Cth);
Dividend Adjustment means an amount paid to or
deducted from your CFD Account in respect of a dividend,
distribution or other corporate action paid by a constituent
of the index covered by the relevant Futures Contract and
taking into account that constituent’s weighting in the
relevant index, as described in section 5.4 of this PDS.
Exchange Rate in relation to any currency, means any widely
recognized and published foreign exchange rate selected by
MFGA, to which MFGA may apply a spread (in addition to any
existingbuy/sellspread)initssolediscretion;
Expiring CFD means an Expiring CFD as described in this PDS.
Fair Value means, for a Rolling CFD, an amount affecting
the price MFGA quotes to you to buy or sell a Rolling CFD to
reflect announced and anticipated dividends, distributions
and corporate actions and the implicit funding cost that is
included in the price of the underlying Futures Contract as
described in section 5.3 of this PDS.
Foreign Currency Ledger means a ledger operated for a
foreigncurrencywithinaCFDAccount;
Free Equityhasthemeaninggiventoitinsection2.5.3;
Futures Contract means, in respect of an Index and
Commodity CFD, the underlying instrument for that Index
and Commodity CFD, which will be a futures contract over a
marketindexorcommodity;
Gross Liquidation Value and GLV have the meaning given to
suchtermsinsection2.5.3;
Hedge Counterparty has the meaning given to such term in
section7.4;
Hedge Position means any hedging arrangement entered into
by MFGA with a Hedge Counterparty in order to hedge MFGA’s
exposuretoaclientunderanIndexandCommodityCFD;
HKDmeansthelawfulcurrencyofHongKong,SAR;
Index and Commodity CFD means a CFD offered by MFGA
under this PDS where the underlying instrument is a Futures
Contract;
Initial Marginhasthemeaninggiventoitinsection2.5.1;
Last Dealing Time means, in respect of an Expiring CFD, the
last time at which you may execute an opening or closing
trade in that Index and Commodity CFD as determined by
MFGAandassetoutattheMFGAwebsite;
Local Business Day means, in relation to an Index and
Commodity CFD, a day on which the Relevant Exchange for
thatIndexandCommodityCFDisopenforbusiness;
Lot Size means the minimum incremental number of Index
and Commodity CFDs that may be traded, as set out on the
MFGAwebsite;
Margin means Additional Margin, Initial Margin or Variation
Margin;
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MFGAmeansMFGlobalAustraliaLimited;
MFGA Base Rate means, in respect of a Relevant Currency, a
rate determined by MFGA as the applicable interest rate for
that Relevant Currency in its sole discretion having regard
to the current money market rate in the jurisdiction of such
currency and the rate notified to MFGA by its counterparty on
anyHedgePosition,ifapplicable;
MFGA Expiry Date means, for an Expiring CFD, the expiry
date noted on the MFGA website (which may differ from the
expirydateoftheunderlyingFuturesContract);
MFGA Spreadhasthemeaninggiventoitinsection5.1;
Minimum Deposit Amount means the minimum amount,
notified to you by MFGA, required to activate your CFD
Account;
Open Contract Value means the Contract Value of an Index
and Commodity CFD at the time the Index and Commodity
CFDisopened;
RBA Ratehasthemeaninggiventosuchterminsection5.6;
Relevant Currency means, in respect of an Index and
Commodity CFD, the currency in which the Open Contract
Value of the Index and Commodity CFD, all debits and credits
in respect of the Index and Commodity CFD and the Contract
Value and Closing Value of an Index and Commodity CFD are
calculated,assetoutontheMFGAwebsite;
Relevant Exchange means, in relation to a Futures Contract,
the financial market on which the Futures Contract is quoted
assetoutattheMFGAwebsite;
Rolling CFD means a Rolling CFD as described in this PDS.
SGDmeansthelawfulcurrencyofSingapore;
Sydney Business Day means a day (other than a Saturday
or Sunday or public holiday) on which banks and foreign
exchangemarketsareorwillbeopenforbusinessinSydney;
USDmeansthelawfulcurrencyoftheUnitedStates;
Variation Margin has the meaning given to it in section 2.5.2.
MF Global Australia Limited
PO Box N699 Grosvenor Place NSW 1220 Australia
CFDs Tel (02) 8273 8933 Fax (02) 9247 3765
Forex Tel (02) 8273 8888 Fax (02) 9247 3765
Futures Tel (02) 8273 8822 Fax (02) 9247 3765
www.mfglobal.com.au
ABN 50 001 662 077
AFSL 230563
MF Global Australia Limited is a subsidiary of MF Global Holdings Ltd