Purpose of this Financial Services Guide
This Financial Services Guide (FSG) is issued by OT Markets Pty Ltd (ACN 621 714 181) (OTCapital, us, we or the Company). OTCapital is a Corporate Authorized Representative (CAR) agreement authorisation number 001258906 with AGM Markets Pty Ltd Australian Financial Services License (AFSL) 422662 (Issuer).
The AFSL authorises the Issuer to issue, deal and vary financial products such as Contracts For Difference (foreign exchange contracts) and other Derivatives and to create a market for these financial products to retail and wholesale clients within Australia and abroad.
The purpose of this document is to set out and provide you with key information about the financial services and products offered by OTCapital as the CAR and to assist you in making an informed decision about whether to use those financial services and products.
This FSG contains important information about:
Who we are; the services and products we offer; remuneration and other benefits that may be paid to us in relation to financial services and products, our employees and our affiliates; any affiliates or relationships we may have with financial product issuers; how we deal with complaints; and how you can contact us.
This FSG was prepared on 22 December 2017.
Other Documents You May Receive From Us
In addition to this FSG you will also receive a product disclosure statement (PDS). The PDS is an important document which contains information about the financial products offered by AGM Markets as the issuer of those products. The PDS will assist you in making an informed decision about the financial products issued to you by the Issuer and explain to you in details the nature of the relationship OTCapital has with the Issuer.
You will also receive a copy of the Account Terms, which sets out the terms governing the financial products issued by the Issuer and ancillary aspects of that which together make up your Account. The Account Terms can be downloaded from our website:www.OTCapital.com
You must read this FSG, each PDS and the Account Terms carefully. On our website, you will be prompted to confirm that you have read the FSG, the PDS relevant to you and that you accept the Account Terms before you can trade in Derivatives and open an Account with us.
Under AGM Markets Australian Financial Services License, AGM Markets is only authorised to provide general financial advice. Equally, under the CAR agreement, OTCapital is only authorised to provide general financial advice. OTCapital does not provide personal financial advice which requires the advisor to take into account the requirements and financial situation of the customer. Personal advice takes into account one or more of your objectives, circumstances, financial position and needs or advice which could reasonably be regarded as having done so. You should seek independent personal financial advice as you consider necessary.
Who is Responsible for the Financial Services Provided?
Except when OTCapital acts under the CAR arrangement, OTCapital acts for itself and not an agent for any other person. We are responsible for arranging for the Issuer of the financial services/products that are covered in the PDSs to issue those products to you once you executed all the necessary documents and authorisations. We are responsible for the distribution of this FSG.
Who We Act For
OTCapital acts under the CAR arrangement with respect to using financial products and as principal when it provides financial services under the CAR agreement. OTCapital does not act as your agent or broker for any transactions you enter into. When we receive your instructions and execute them, we are the party to the other side of the Transaction and the party with whom you are entering a contract.
Financial Services Provided
We are authorised by our CAR agreement to:
- provide general financial product advice for basic deposit products, derivatives and foreign exchange contracts;
- deal by applying for, acquiring, varying or disposing of basic deposit products, non-cash payment products, derivatives and foreign exchange contracts on behalf of another person; and
- make a market in derivatives and foreign exchange contracts to retail and wholesale clients.
The Nature of the Advice
Generally, OTCapital will only provide general advice. This type of advice will not take into consideration your particular objectives, financial situation or needs. These factors should be considered by you before making any investment decision on the basis of any information or general advice that we provide to you.
We recommend that you take all steps so that you fully understand the possible outcomes of trades and strategies from entering into Transactions.
How You Can Give Us Instructions
You can instruct us in the following ways:
Electronically through our internet-based online trading platform to which you will be granted access; or by telephone.
It is your responsibility to ensure that instructions sent by you have been received by us.
OTCapital may, in its own discretion, not accept instructions in any of the ways described above if we cannot verify the identity of the client.
Confirmation of Transactions
OTCapital will provide you with confirmations of the Transactions you have executed. We will send confirmations to you of Transactions automatically via the trading platform. You can access your Account at any time to view your Transactions and account balances (subject to availability of communications systems).
You must review any confirmation or statement immediately following you entering into a Transaction to ensure its accuracy and you must report any discrepancies to us as soon as reasonably practical. Confirmations are deemed to be conclusive and binding on you if not objected to in writing within 48 hours of the Confirmation being available to you.
Our Associations and Relationships with Others
Other than the CAR agreement with the Issuer we do not have any relationships or associations with financial product issuers which might influence us in providing you with our financial services.
Each Transaction agreed and entered into with the client as principal will be offset or matched with a similar trade (in terms of price and quantity) with a third party.
How We Are Remunerated for the Services We Provide By using or continuing to use our services, you agree that:
- All fees and charges received by us as described in this FSG, the Account Terms and in the relevant PDS (other than third party fees and charges) are a benefit given to OTCapital by you, in exchange for the market making and dealing services provided by OTCapital .
- OTCapital does not charge volume-based or asset-based fees for any advice provided.
- You understand, consent to, authorise and direct OTCapital Pty Ltd to charge you in this way.
Fees and Charges
The common fees and charges when dealing in our financial products may incorporate any or all of the following:
- Rollover/Swap/financing charges and/or payments at the applicable rate;
- Administration charges such as conversions fees and wire fees related to deposits, withdrawals, and transfers;
- Commissions, where applicable, may be charged by OTCapital directly, or may be collected by us;
- Payment of margin is the initial margin requirement that is required to be in your account to open a trading position. The amount required to be in your account may be expressed as a percentage of the contract value or may be expressed as a multiple of the number of contracts.
- The margin requirements vary from market to market and are listed under the market information sheet on our website and are also available upon request from our staff.
- Margin adjustments, for as long as a position is open, you are required to keep sufficient money on your account to maintain your position. This is the variable margin requirement against adverse price movement of your position.
Further details of our fees and charges, and examples of how these are calculated, are set out in the PDS and the Account Terms. Please note that the fees and charges, including commission and spreads are subject to constant changes, and you are strongly encouraged to regularly check our website and your trading platform for changes.
How Our Employees Are Remunerated
Employees are paid by way of salary and discretionary bonus linked to pre-determined objectives.
Our employees may also qualify for non-monetary benefits if they meet performance targets. Incentives include non-monetary rewards such as sports tickets, seminars and conferences. The type of benefits may vary depending on the employee’s position and the particular service provided. All payments or benefits given will comply with the Corporations Act 2001 (Cth).
Your Personal Information
Personal information is any information about you that identifies you or by which your identity can be reasonably ascertained. We collect and keep your personal information to provide you with products and services you request as well as other information, products and services offered by or through us. We value your trust in the way we handle your personal information. OTCapital treats privacy seriously and your personal information will be treated as highly confidential. We will act to protect your personal information in accordance with the Privacy Act 1988 (Commonwealth) and the Australian Privacy Principles.
OTCapital has compensation arrangements in place as required under section 912B of the Corporations Act. Our compensation arrangements take into account the nature and volume of our business, the number of clients and kind of clients we have, our representatives and the maximum potential extent of liability.
Subject to its terms and conditions, our compensation arrangements cover claims in relation to the conduct of representatives and employees at the time of the relevant conduct.
How to contact us and what do I do if I have a complaint?
We have internal and external dispute resolution procedures to resolve complaints from clients. A copy of these procedures may be obtained by contacting us and requesting a copy.
If you have a complaint about the financial services, you may take the following steps:
- Contact us directly and tell us about your complaint. You may do this by telephone, in person, facsimile, email or letter. We will investigate your complaint promptly and respond within 45 days. We will try to resolve your complaint quickly and fairly.
OTCapital Pty Ltd
242 Hawthorne Road, Caulfield North Victoria 3161, Australia
Tel: +61 399 997 330
Email: [email protected]
Visit our Website at www.OTCapital.com
Contact AGM Markets as the Issuer
AGM Markets Pty Ltd.
Address: Level 1, 189 Balaclava Road,
Caulfield North, VIC, 3161, Australia
Tel: +61 3 9013 0190
Fax: +61 3 9525 9772
Email: [email protected]
- If you are dissatisfied with the outcome of our investigation, you have the right to complain to Financial Ombudsman Service Limited (FOS) an external dispute resolution scheme of which OT Markets is a member.
Financial Ombudsman Service Ltd
GPO Box 3
Melbourne VIC 3001 Toll free: 1300 78 08 08
AGM MARKETS PTY LTD
- You may also make a complaint to ASIC, by calling the Free call Info line on 1300 300 630.
Account means an account held in your name or on your behalf with OT Markets for the purposes of these Terms.
Account Terms means the terms which govern your Account with AGM Markets.
ASIC means Australian Securities and Investments Commission.
Financial Product has the meaning given in part 7.1 division 3 of the Corporations Act (including, for the avoidance of doubt, as amended by the Corporations Regulations and ASIC Class Orders).
Transaction means any contract:
- between you and OTCapital as principal for the services OTCapital will provide you; to:
- between you and OTCapital as CAR under the CAR agreement with AGM Markets for the issuing of financial products:
- purchase, or agree to purchase (including a forward purchase) an reference security;
- sell, or agree to sell an reference security.
We, us, our, OTCapital means, OT Markets Pty Ltd; ACN 621 714 181 and any of its related entities, affiliates, successors or assignees.you means the person or persons in whose name we open an Account following an application by that person or those persons.