Corporations Regulations 2001
CCH Note: Schedule 10C is modified by the ASIC Corporations (Removing Barriers to Electronic Disclosure) Instrument 2015/649.
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7 Contents of section 5 (The risk of losing money) 7(1)Section 5 of the Product Disclosure Statement for a standard margin lending facility must include a description of the risks associated with a standard margin lending facility to a borrower for the standard margin lending facility, including a description of any of the following risks, if relevant:
(a) the risk that the value of the borrower ' s investment may fall and the possible consequences to the borrower if this occurs, in particular the risk of a margin call occurring;
(b) the risk that the provider of the standard margin lending facility may change the loan-to-value ratio of an investment at any time and the consequences to the borrower of the change, in particular, the risk of a margin call occurring;
(c) the risk that the provider of the standard margin lending facility may remove an investment from the Approved Securities List and the consequences for the borrower if this occurs, in particular, the risk of a margin call occurring;
(d) the risk that the interest rate for the standard margin lending facility may rise and the consequences for the borrower if this occurs, in particular, the possibility that interest payments owed by the borrower may exceed the returns available from the borrower ' s portfolio;
(e) the risk of the loss of property of the borrower if the property has been mortgaged as security for, or in connection with, the standard margin lending facility;
(f) the risk of a default event under the loan agreement occurring and the potential consequences for the borrower if a default event does occur;
(g) the risk that the taxation laws may change and that this may have a negative effect on the tax position for the borrower for the standard margin lending facility;
(h) any other significant risks that a reasonable person would consider to be relevantly associated with the standard margin lending facility.
7(2)
Section 5 of the Statement must include a hyperlink to the page on a website operated by or on behalf of the Commonwealth that provides information about standard margin lending facilities.
7(3)
Section 5 of the Statement may include information about risks associated with standard margin lending facilities other than the risks mentioned in subclause (1).
7(4)
Section 5 of the Statement may provide for the information mentioned in subclause (3) by applying, adopting or incorporating a matter in writing.
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