The Deferred Purchase Agreement (DPA) is a sophisticated financial instrument used in the Australian market when investors seek exposure to specific assets or market performance while potentially benefiting from particular investment or tax structures. It is commonly used by financial institutions and investment firms to provide structured investment products to both retail and wholesale investors. The document must comply with Australian financial services regulations, including the Corporations Act 2001 (Cth) and ASIC guidelines, particularly regarding product disclosure and investor protection. The agreement typically includes comprehensive terms covering the investment mechanics, calculation methodologies, risk factors, and settlement procedures, making it suitable for various investment strategies and market scenarios.
Deferred Purchase Agreement Template for Australia
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Key Requirements PROMPT example:
Deferred Purchase Agreement
"I need a Deferred Purchase Agreement for a retail investment product linked to the ASX 200 index, with a 2-year term starting March 2025, including standard cooling-off rights and capital protection features for retail investors."
1. Parties: Identification of the issuer, purchaser, and any guarantor or trustee
2. Background: Context of the agreement, including the nature of the deferred purchase arrangement and its purpose
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Issue and Purchase of Units: Terms governing the issue and purchase of DPA units, including subscription process
5. Payment Obligations: Details of initial investment amount, deferred purchase price, and calculation methodologies
6. Settlement Provisions: Terms for physical or cash settlement at maturity
7. Market Disruption and Adjustments: Provisions for handling market disruptions and adjustments to underlying assets
8. Early Termination Rights: Circumstances and procedures for early termination
9. Representations and Warranties: Standard representations and warranties from both parties
10. Risk Disclosure: Mandatory risk warnings and disclosures
11. Tax Provisions: Tax treatment and obligations
12. General Provisions: Standard boilerplate clauses including notices, governing law, etc
1. Guarantee: Required when a guarantor provides credit support for the issuer's obligations
2. Security Arrangements: Included when specific security is provided for the DPA
3. Investor Acknowledgments: Additional acknowledgments for sophisticated or wholesale investors
4. Custody Arrangements: Required when a third-party custodian holds underlying assets
5. Roll-over Provisions: Optional terms allowing extension or roll-over of the DPA
6. Cooling-off Rights: Required for retail investors under certain circumstances
1. Schedule 1 - Terms of Issue: Detailed terms including pricing, dates, and specific features of the DPA
2. Schedule 2 - Form of Application: Application form and subscription details
3. Schedule 3 - Calculation Methods: Detailed methodology for calculating returns, adjustments, and final value
4. Schedule 4 - Underlying Asset Details: Specifications of the underlying assets or reference assets
5. Schedule 5 - Fee Schedule: Breakdown of all applicable fees and charges
6. Appendix A - Risk Factors: Detailed description of all risk factors and scenarios
7. Appendix B - Tax Considerations: Detailed tax implications and considerations
8. Appendix C - Secondary Market Procedures: If applicable, procedures for secondary market trading
Authors
Relevant legal definitions
Adjustment Event
Applicable Law
Application Form
ASIC
Business Day
Calculation Agent
Calculation Date
Cash Settlement Amount
Commencement Date
Corporations Act
Custodian
Deferred Purchase Price
Delivery Asset
Early Termination Amount
Early Termination Date
Early Termination Event
Event of Default
Final Value
Financial Adviser
GST
Guarantee
Initial Investment Amount
Issue Date
Issuer
Market Disruption Event
Maturity Date
Nominal Amount
Offer Document
Payment Date
PDS
Physical Settlement
Purchase Price
Reference Asset
Reference Index
Register
Registrar
Settlement Date
Settlement Method
Subscriber
Subscription Amount
Tax
Tax Event
Terms of Issue
Trading Day
Transaction Documents
Trust
Trustee
Unit
Unitholder
Valuation Date
Valuation Time
Applicable Law
Application Form
ASIC
Business Day
Calculation Agent
Calculation Date
Cash Settlement Amount
Commencement Date
Corporations Act
Custodian
Deferred Purchase Price
Delivery Asset
Early Termination Amount
Early Termination Date
Early Termination Event
Event of Default
Final Value
Financial Adviser
GST
Guarantee
Initial Investment Amount
Issue Date
Issuer
Market Disruption Event
Maturity Date
Nominal Amount
Offer Document
Payment Date
PDS
Physical Settlement
Purchase Price
Reference Asset
Reference Index
Register
Registrar
Settlement Date
Settlement Method
Subscriber
Subscription Amount
Tax
Tax Event
Terms of Issue
Trading Day
Transaction Documents
Trust
Trustee
Unit
Unitholder
Valuation Date
Valuation Time
Clauses
Interpretation
Subscription and Issue
Payment Terms
Settlement
Early Termination
Market Disruption
Adjustment Events
Representations and Warranties
Risk Disclosure
Security
Guarantee
Tax
Fees and Expenses
Notices
Assignment
Confidentiality
Force Majeure
Default
Indemnification
Calculation Methods
Reference Assets
Custody
Registration
Transfer
Amendment
Governing Law
Dispute Resolution
Severability
Entire Agreement
Time of Essence
Counterparts
Electronic Execution
Anti-Money Laundering
Privacy
FATCA Compliance
Subscription and Issue
Payment Terms
Settlement
Early Termination
Market Disruption
Adjustment Events
Representations and Warranties
Risk Disclosure
Security
Guarantee
Tax
Fees and Expenses
Notices
Assignment
Confidentiality
Force Majeure
Default
Indemnification
Calculation Methods
Reference Assets
Custody
Registration
Transfer
Amendment
Governing Law
Dispute Resolution
Severability
Entire Agreement
Time of Essence
Counterparts
Electronic Execution
Anti-Money Laundering
Privacy
FATCA Compliance
Relevant Industries
Financial Services
Investment Banking
Wealth Management
Asset Management
Securities Trading
Corporate Finance
Private Banking
Retail Banking
Investment Management
Insurance
Relevant Teams
Legal
Compliance
Risk Management
Product Development
Investment Management
Treasury
Operations
Financial Control
Wealth Management
Structured Products
Corporate Advisory
Relevant Roles
Investment Manager
Financial Product Specialist
Legal Counsel
Compliance Officer
Risk Manager
Product Development Manager
Structured Products Specialist
Investment Advisor
Portfolio Manager
Treasury Manager
Chief Investment Officer
Financial Controller
Wealth Manager
Operations Manager
Corporate Lawyer
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