8. Your instructions
- The Guide, this Further Information booklet and the Custody Deed describe the process and requirements for acting on your instructions. Instructions from you or any Third Party will be acted on except in limited circumstances, including if:
a) we suspect that you or your Third Party appointee are in breach of the terms of this Agreement
b) the authenticity of the instruction is in doubt
c) your instructions are unclear
d) following the instructions is contrary to our Agreement with you or the law
e) you do not have a sufficient cleared cash balance in your CMA to carry out the instruction
f) your portfolio would fall below the minimum balance if the instructions were carried out
g) you do not have sufficient balance in unlisted managed investments or approved ASX listed securities or other securities for us to carry out the instruction, or
h) acting on them would be impracticable or would breach relevant market practice. - Notwithstanding any other provision in this Agreement:
a) where an investment held on your behalf is subsequently excluded from the investment menu, you authorise us to realise the investment and deposit the proceeds into your CMA, unless we cannot do so in which case we may transfer the assets, and
b) where we offset instructions from some clients to buy investments against instructions to sell investments (netting-off), you authorise us to keep any savings in transaction costs that result from netting-off, and
c) where we hold or receive an investment which relates to, or is to be divided between, you and one or more investors and we reasonably believe that the investment is not divisible, you authorise us to hold your interest in the investment as tenants in common with other investors, in such shares or proportions as are reflected in our records. - Fax and electronic instruction service
a) Under the fax and electronic instruction service, subject to clause 8 (Your instructions) we will generally accept account instructions, including withdrawal requests, sent in the form of a fax or an email attachment featuring or appearing to feature your proper signatures or those of your Third Parties.
b) By providing instructions in this way you acknowledge there is an increased risk of fraud and that you release us from, and agree to reimburse us for any losses and liabilities arising from any payment or action we (acting reasonably) make provided we have acted without fraud and negligence.
c) You also agree that neither you nor anyone claiming through you has any claim against the Macquarie Group of companies in relation to these payments or actions. - You give us instructions through your nominated adviser.
Your adviser will ask you to complete a transaction authorisation and will then electronically instruct us to carry out your authorised investment instructions. In carrying out this activity your adviser will be acting as your agent.
