Product Disclosure Statement Page 1 of 3
Acquisition Details Purchase Price – Inc. GST (AUD)
Finance –
Select the option relevant to your purchase
From the numbered options below, please tick the
acquisition relevant to your promotion and complete
additional checkboxes where required.
P
RODUCT DISCLOSURE STATEMENT
Contents Checklist & Promoter Statutory Declaration
This application document represents the minimum criteria required for the lodgement of a Product Disclosure Statement (PDS) to the Lead
Regulator for its review. If approved, the PDS will be valid for up to six (6) months from the date of any such approval by the Lead
Regulator. Please allow at least three (3) full business days for this application to be reviewed. Submissions can be emailed to
[email protected]. The fee to lodge a PDS is $ 187.00 (inc. GST).
Promoter (Entity Name): Promoter (Contact Person Full Name):
ASIC License Details: Authorised Under (AFSL Holder Entity Name):
Statutory declaration
Sire Name: Dam Name:
Sex: Year Foaled: Name of horse (If Registered):
No. of shares retained -
(by Trainer, Owner, Promoter etc.)
No. of shares for sale -
(Maximum of 50 including retained shares)
Total Promotional Value -
(Not to exceed $500,000 including retained value)
Min No. of shares to sell -
(To activate racehorse scheme)
No. / (%) No. / % available No. of shares By [x] % per share Entire syndicated value including GST
Refer ASIC Instrument Subsection 2(e) of
Part 2 - No. 5 Horse Racing Syndicates
Yes
Yes
No
No
This is a standard PDS format with non generic details inserted OR
Authorised Representative PermitAFS License Holder
This is a new PDS format and inclusions and should be reviewed in its entirety
Unencumbered Encumbered
Product Disclosure Statement Page 2 of 3
Valuations
A valuation is to be obtained from a member of the Federation of Bloodstock Agents of Australia (FBAA) when a horse being oered has been passed in at
auction, acquired via private treaty or is a home bred.
1. Public Auction:
2. Private Purchase:
3. Home Bred
Fall of Hammer OR * Passed In Lot I have included one (1) independent Valuation. I have included one (1) independent Valuation.
* I have included one (1) Independent Valuation.
* I attach conrmation of the passed in price of
$____________________________________________
I have disclosed all details pertaining to the
seller/vendor and all relevant conditions of
sale within the PDS.
Trainer’s Name: Stable Location (E.g. VIC, NSW, QLD etc.):
Promoter Signature: Today’s Date:
Promoter Checklist Please Tick
I have included a signed & dated acknowledgment letter from the Trainer on stable letterhead?
I have included the purchase receipt/invoice or bill of sale for the horse(s) purchased for this promotion?
I have completed the Statutory Declaration relevant to ASIC Horse Schemes Instrument 2016/790?
I have included a copy of the Horse’s Pedigree Page (Catalogue-Style) regardless of how the horse was acquired?
If insured, I have included the Insurance Certicate of Currency?
Note: Must show the specic premium cost & expiry date of the insurance cover
I have included a Veterinary Certicate?
Note: Must be dated within 30 days of PDS lodgement and contain the required declarations by the Veterinarian
I have included (or will you include) the Vendor Release Statement which clearly demonstrates passing of clear title?
Note: Promoter is responsible in ensuring vendor will supply a statement as needed by Lead Regulator
I have clearly outlined any (potential or actual) Conict of Interest/s within the PDS?
I have included a copy of any nalised Advertisements for approval?
/ /
Cardholder’s Name (Please print): Credit Card Expiry Date (MM/YY):
Credit Card Verication (CCV)
PAYMENT DETAILS
LEAD REGULATOR USE ONLY
Received Date: Approved / Pending / Declined Authorising Ocer:
Credit Card Number:
Product Disclosure Statement Page 3 of 3
Statutory Declaration
I,
[Full name of Promoter]
of,
[Postal Address]
, do solemnly and sincerely declare that -
[occupation, e.g. CPA or CA]
I have prepared this Product Disclosure Statement (PDS) in accordance with ASIC Corporations (Horse Schemes) Instrument 2016/790 and Regulatory Guide 91 and
the Rules of Racing for the purposes of oering to the public interests in a scheme to race the horse(s) described in the PDS on the terms and conditions described in
the PDS.
I declare that the contents of the PDS are true and correct and that there are no misleading or deceptive statements or omissions. I know of no fact or occurrence
which renders any statement contained in the PDS, including the Valuation or Veterinary Certicate, to be materially inaccurate.
I further declare:
(a) All moneys received by me for the purchase price of shares or interests in the Horse Racing Scheme from investors will be held in a separate bank account by me
until the Horse Racing Scheme is fully subscribed in accordance with the PDS.
(b) I will, within 45 days after:
(i) applications for the minimum number of interests in the Horse Racing Scheme are received; or
(ii) the minimum amount for the Horse Racing Scheme has been raised, register the Horse Racing Scheme with the Lead Regulator
under the Rules of Racing.
(c) Prior to the registration of the Horse Racing Scheme as a partnership or syndicate with the Lead Regulator, I will ensure that the participants in the Horse Racing
Scheme either have unencumbered title to the whole of the Horse Racing Scheme horse(s) or lease the whole of the Horse Racing Scheme horse(s) under a nance
lease agreement in a standard form.
(d) I have included in the PDS a copy of the letter (vendor release statement) from the vendor or auction house conrming that the horse has been devolved to the
investors or participants in the Horse Racing Scheme with unencumbered title. or
I conrm that the vendor release statement will be provided to the Lead Regulator before or on registration of the Horse Racing Scheme with the Lead Regulator.
(e) I have legally enforceable right to possession of the horse. or I will, before or on registration of the Horse Racing Scheme with the Lead Regulator, have a legally
enforceable right to possession of the horse.
(f) I will, before or on registration of the Horse Racing Scheme with the Lead Regulator, ensure that the participants in the Horse Racing Scheme will have
unencumbered title to the horse.
(g) Any personal property security interest registered against the title to the horse has been released or will be released and that I will, before or on registration of the
Horse Racing Scheme with the Lead Regulator, conrm to the Lead Regulator that the personal property security interest has been released.
(h) If the participants in the Horse Racing Scheme lease the whole of the horse under a nance lease agreement in a standard form:
(i) a copy of the standard form of nance lease agreement has been included in the PDS; and
(ii) I will, before or on registration of the Horse Racing Scheme with the Lead Regulator, ensure that participants in the Horse Racing
Scheme lease the horse under a nance lease agreement in that standard form.
(i) If the Horse Racing Scheme is not fully subscribed within six months after the date on which the PDS is approved by the Lead Regulator or if the Lead Regulator
refuses to register the partnership or syndicate formed under the Horse Racing Scheme pursuant to the Rules of Racing, I will repay all moneys received from
investors with interest (if any) within 10 business days after expiry of that six month period.
(j) The PDS contains all information which potential investors and their advisers would require and reasonably expect to nd in the PDS for the purpose of making an
informed assessment of the nancial merits and prospects of an investment in the Horse Racing Scheme.
(k) Yes/No - this is a largely new format PDS and should be reviewed in its entirety
OR
Yes/No The contents of the PDS/Partnership/Syndicate Agreement are unchanged from standard PDS lodged by the applicant and the template
approved by the Lead Regulator [Insert Relevant PRA name] on ..…/.…/….. except standard non generic information such as horse and cost details etc
which is inserted in highlighted font and
Yes/No : a non-standard variation is applied for in section ….. in red highlighted font;
reason for request: (please provide details) …………………………………………………………………………………………………
(l) The terms of any syndicate agreement comply with the requirements set out in the ASIC Corporations (Horse Scheme) Instrument 2016/790.
Declaration is liable to the penalties of perjury.
Sire Name: Dam Name:
Declared at
This
Before me,
day of 20
Signature of person making this declaration
[to be signed in front of an authorised witness]
Signature of Authorised Witness
State of Victoria