Legal
What you should know
Financial Services Guide
This Financial Services Guide (FSG) is provided to you to the extent that our activities (in relation to our website or services) involve the provision of financial services as defined in the Corporations Act 2001 (Cth) (Corporations Act).
This FSG is dated 17 April 2023 and has been prepared to assist you in deciding whether to use any of the financial services offered by Sharequity Pty Ltd (Sharequity). Sharequity is an authorized representative (No.1259224) of Australian Financial Services (AFS) licensee, ShareX Pty Ltd (AFS Licensee No. 519872) (ShareX). It describes our services, how we are remunerated, our associations, our professional indemnity insurance and how we will handle any complaints you may have (among other things).
We do not provide personal advice. If you require personal financial product advice we can refer you to, or recommend you contact, an AFS licensee who is authorized to provide personal financial product advice.
Purpose of this FSG
The purpose of this FSG is to define the roles and responsibilities of Sharequity when it provides retail clients with financial services as described in this FSG. In particular, this FSG contains the following information, without limitation:
- documents that you should read in relation to offers made available by, or from us;
- the financial services we provide and the financial products to which those services relate;
- how we (Sharequity), our staff and other relevant persons are remunerated for the financial services offered;
- the associations or relationships between us and any issuers of financial products or other related persons that might influence how we provide financial services;
- how you can contact us and give us instructions; and
- how complaints are dealt with.
Offer Documents
In deciding whether to invest in a capital raising offer, you must read the relevant offer document, disclosure document, product disclosure statement (PDS) or other offer document relating to that offer in full.
If you are classified as a sophisticated investor, experienced investor or wholesale investor under s708, s761G or s761GA of the Corporations Act, you may be eligible to participate in offers that are only available to ‘wholesale clients’ as that term is defined under the Corporations Act. Protections available to retail clients under the Corporations Act will not be available in respect of those offers and the offers will not be made under an offer document, disclosure document or PDS.
Our Services
Our Authorized Services
Sharequity is authorized to provide the following financial services under the ShareX AFS license:
- General financial product advice on basic deposit products, interests in managed investment schemes including investor directed portfolio services and securities;
- Deal in a financial product by arranging for another person to issue interests in managed investment schemes (excluding investor directed portfolio services) and securities;
- Deal in a financial product by arranging for, acquiring, varying or disposing of a financial product on behalf of another person in respect of basic deposit products, interests in managed investment schemes including investor directed portfolio services and securities;
to both retail and wholesale clients.
How can you deal with us?
Process
Investors may invest in offers through our Website by registering with Sharequity and setting up a user account.
To make an investment:
- the Investor creates an investor account and verifies his or her identity;
- the Investor is able to view details of all current Offers which have not yet closed, been suspended or withdrawn (subject to them evidencing they are a sophisticated investor (or an investor who is otherwise exempt from the disclosure requirements set out in the Corporations Act);
- the Investor confirms the amount they wish to apply for and otherwise complies with the terms of the offer;
- the Investor will be provided with a copy of the Investor Agreement and a risk acknowledgment and asked to provide a digital signature to evidence its acceptance of the terms of the Investor Agreement and risk acknowledgment;
- for an Offer, the Investor will be asked to pay the subscription amount through the Application Facility and will be directed to a payment page to do so or alternatively, the Investor may be provided with alternate offline application and/or payment options.
How we are paid
Success Fees
We may receive success fees, which are paid to us by an Issuer upon successful completion of their Offer. These fees are usually calculated as a percentage of the total amount raised by the Issuer via the Website. The amount paid to Sharequity by Issuers will vary from time to time.
In addition, we may, by agreement, agree to a different remuneration structure in relation to general handling, consulting and or service fees or additional products and services provided by us to the Issuer and for payment of the costs of third parties involved in the preparation of an Offer, offer document or other due diligence documents. The amount of such fees will be specified in the agreement between the Issuer and us when the Issuer engages us to provide services to it.
In certain circumstances, we may receive a portion of our fees in securities of the Issuer.
You may make a written request for the particulars of any remuneration, commission or benefits payable to Sharequity in respect of a particular product or service.
Investor Fees
Sharequity does not charge fees to investors that invest in Offers offered through our Website. If you require any clarification as to these arrangements, please do not hesitate to contact us (our contact details are set out below).
Referral Fees
Sharequity may pay commissions, or other benefits, to parties who refer investors or Issuers to Sharequity, this may be a one-off or recurring payment and may vary from transaction to transaction. Typically, this fee will be calculated as a percentage of the total value of financial products acquired by the person referred in relation to an Offer.
Who we pay?
Our directors, employees and contractors are renumerated in the following ways;
- Salaries – we will pay our directors, employees and contractors an annual salary based on hours worked; and
- Bonuses – we may pay a discretionary bonus to our directors, employees and contractors based on their individual performance and the overall performance of Sharequity.
Important Associations
Sharequity, its employees, representatives and associates may invest in Issuers and Offers which are published on Sharequity’s Website. Sharequity, its employees, representatives and associates may hold personal accounts on the Website. When this occurs, Sharequity has procedures in place to ensure the independence of the Offer and you will be notified on the Website if there is an association or relationship between the Issuer and Sharequity and its associates.
In certain circumstances and with the agreement of the offering company, we may receive a portion of our raising fee in securities of the offering company.
Noting that one of our directors (who is also a majority shareholder of Sharequity) is a director and shareholder of our AFS Licensee, ShareX Pty Ltd and they may receive a distribution of our profits.
Professional Indemnity Insurance
Our AFS Licensee, ShareX, has professional indemnity insurance in place which meets the requirements of section 912B of the Corporations Act and covers the services provided by us and our employees during and after they cease working with us, provided we notify the insurer of the claim when it arises within the relevant policy period. Neither Sharequity, nor any of its directors, authorized representatives, employees, or agents, makes any representation or warranty as to the reliability, accuracy, or completeness of any advice.
What to do if you have a complaint?
Your first point of contact for raising concerns or providing feedback is Sharequity on M: 0409 298 978 or admin@sharequity.com.au We aim to rectify most issues quickly and to your satisfaction.
If you are unhappy with the response received and wish to make a complaint about our services, please contact our Complaints Manager by emailing compliance@sharequity.com.au or by post to the address set out below. The Complaints Manager will acknowledge receipt of your complaint immediately, and attempt to resolve it within 45 days.
Our AFS Licensee is member of the Australian Financial Complaints Authority an external dispute resolution scheme. If an issue has not been resolved to your satisfaction, you can lodge a complaint with the Australian Financial Complaints Authority, or AFCA. AFCA provides fair and independent financial services complaint resolution that is free to consumers. AFCA contact information is provided below:
Website: www.afca.org.au
Email: info@afca.org.au
Telephone: 1800 931 678 (free call)
In writing to: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001
What should I do with this FSG?
This FSG is an important document. You should save an electronic copy of this FSG and/or print a copy for safekeeping. If you have consented to receiving this FSG electronically, then unless you tell us otherwise, any changes or updates to this FSG will also be notified to you by providing you with a hyperlink via email.
If at any time you wish to receive a hard copy of this FSG or consent to receiving our disclosures electronically, you can do so by sending an email to us at admin@sharequity.com.au.
How we protect your privacy?
We are committed to protecting your privacy. We use the information you provide to assist with the use of our services. We do not trade, rent or sell your information.
We may store your information in the ‘cloud’ for the purposes of data storage, file backups and or attending to your affairs. These ‘cloud’ service providers may be in countries not regulated by laws, which protect your information in the way that is similar to the Australian Privacy Act.
If you don’t provide us with full information, we can’t properly assist you with the use of our services. For more information about how to access the information we hold about you, how to have it corrected and how to complain if you think we have breached the privacy law, ask us for a copy of our Privacy Policy by contacting us. https://sharequity.com.au/legal/privacy-policy
How you can contact us
Our AFS Licensee
ShareX Pty Ltd
ABN: 66 631 150 804
AFS License No: 519872
Address: 26 Macarthur Street, Cottesloe, WA 6011
Email: compliance@sharequity.com.au
Sharequity Pty Ltd ABN: 43 620 359 588 Corporate Authorised Representative No. 1259224 Ph: 0409 298 978 |
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This FSG was prepared on 17 April 2023, Sharequity Pty Ltd version 4.0, and has been authorized for distribution by ShareX Pty Ltd.