Application for Bank Guarantee Secured solely by a Suncorp Term … · 2020-03-26 · Application...

Suncorp-Metway Ltd ABN 66 010 831 722 Australian Credit Licence 229882 27008 01/07/19 A

Application for Bank Guarantee Secured solely by a Suncorp Term DepositYou request Suncorp-Metway Limited ABN 66 010 831 722 (“we”, “our”, “us”, “Suncorp Bank”) to issue a Bank Guarantee to the Favouree on your behalf. The details of this Bank Guarantee are set out in this Application for Bank Guarantee (“Application”). You acknowledge that if we agree, the Bank Guarantee and any Term Deposit will be issued on the:

— Terms and Conditions contained in this Application in pages 9 to 14 (“Suncorp Bank Guarantee Terms and Conditions”); — the Product Information Document for Term Deposit products; — the Terms and Conditions for Suncorp Accounts; and — the Lending Fees and Charges booklet.

(collectively referred to as the “Agreement”).You acknowledge that if we accept this Application in accordance with Clause 1 of the Suncorp Bank Guarantee Terms and Conditions in this Application, you will be bound by the Agreement and a binding contract will be formed. You are advised to retain a copy of this completed Application and Suncorp Bank Guarantee Terms and Conditions.

Important NoteThe relevant provisions of the Banking Code of Practice (2019) apply to this Agreement to the extent relevant. Some terms used in this Agreement are given particular meaning. Please see Clause 25 of the Suncorp Bank Guarantee Terms and Conditions on page 13.

Section 1 Company/Trust Applicant ✓ Please tick appropriate boxes

Company Details Registration Type Public Private

Company Name (as registered by ASIC)

ACN ABN

Address PO BOX NOT ACCEPTABLE

State PostcodeBENEFICIAL OWNERS - BENEFICIAL OWNER: any individual who ultimately owns or controls (directly or indirectly) the entity.

OWNS: means 25% or more direct or indirect ownership of the entity. CONTROL: Includes exercising control through the capacity to determine decisions about the customers financial and operating policies.

PROVIDE THE FULL NAME, RESIDENTIAL ADDRESS AND DATE OF BIRTH (Beneficial owners details are not required if the Company customer has an existing bank account or loan with us)

Full Name Date of birth D D / M M / Y Y Y Y


State Postcode



State Postcode



State Postcode



State Postcode

Trust Details Unit Trust Discretionary Trust Family Trust

Trust Name

Trustee (in full) Are there any settlor/s named in the trust deed who contributed $10,000 or more (in money and/or assets) to the trust when it was established?

No Yes

If YES, full name of settlor/s

Date of trust D D / M M / Y Y Y Y

Country where trust was established

Date of variations D D / M M / Y Y Y Y

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Application for Bank Guarantee Secured solely by a Term Deposit of 14

BENEFICIAL OWNERS – TRUST – BENEFICIAL OWNER: any individual who ultimately owns or controls (directly or indirectly) the entity. OWNS: means 25% or more direct or indirect ownership of the entity. CONTROL: Includes exercising control through the capacity to determine decisions about the customers financial and operating policies.

PROVIDE THE FULL NAME, RESIDENTIAL ADDRESS AND DATE OF BIRTH (Beneficial owners details are not required if the Trust customer has an existing bank account or loan with the Bank)



State Postcode



State Postcode



State Postcode



State Postcode

Section 2 Business Details ✓ Please tick appropriate boxes

Mandatory: Please complete for all transactions involving companies/trusts or self-employed applicants

Business Structure Sole Trader/Individual Trust Company

Trading Name (if any) ABN

Principal place of business/business trading address


State Postcode

Nature of the BusinessClearly define the industry segment (primary production, manufacturing, service, etc) and provide a brief description of the principal activity of the business

Section 3 Details of Individual Applicant, Owner, Director or Trustee – 1 ✓ Please tick appropriate boxes

Individual (1) Director Secretary Trustee

Title

Surname

Given Names (in full)

Residential Address PO BOX NOT ACCEPTABLE

State Postcode Time there Yrs : Mths

Home Telephone ( ) Day or Mobile Number ( ) Facsimile ( )

Date of birth D D / M M / Y Y Y Y Drivers Licence Number

Section 3 Details of Individual Applicant, Owner, Director or Trustee – 2 ✓ Please tick appropriate boxes

Individual (2) Director Secretary Trustee

Title

Surname

Given Names (in full)

Residential Address PO BOX NOT ACCEPTABLE

State Postcode Time there Yrs : Mths

Home Telephone ( ) Day or Mobile Number ( ) Facsimile ( )

Date of birth D D / M M / Y Y Y Y Drivers Licence Number


Section 4 Details of the Bank Guarantee ✓ Please tick appropriate boxes

Name of Favouree

Address of Favouree PO BOX NOT ACCEPTABLE

State Postcode

ACN/ABN (if any) of Favouree Date guarantee required D D / M M / Y Y Y Y

Expiry date (if required) D D / M M / Y Y Y Y Amount of Bank Guarantee $

Purpose of Bank Guarantee Deposit Bond (please attach copy of purchase contract) Rental Bond or Payment Guarantee (please attach copy of Lease Agreement*)

Please specify address

State Postcode

(*) If Lease Agreement is not available, Bank Guarantee Requirement Notice or Bank Guarantee Checklist or Offer of Lease letter etc. from the Favouree can be accepted.

Other (please specify and attach supporting documentation)

If the EXACT WORDING for the Bank Guarantee purpose is not specified on the attachments noted above, please specify (Note: if not provided then standard bank wording will be used)

Section 5 Security – Term Deposit Details

I / We, the Applicant/s named above, request Suncorp Bank to open a Term Deposit in my / our name and acknowledge that: — In the event of the Favouree calling upon Suncorp Bank to honour its guarantee, my / our term deposit will be cancelled and any of the proceeds may be applied by Suncorp Bank to pay meet my / our obligation to indemnify Suncorp Bank against its liability to pay the Favouree under the terms of its Guarantee.

— I/We have received a copy of the Term Deposit Product Information Document and Terms and Conditions for Suncorp Accounts and the Lending Fees and Charges booklet.

— Interest rates may be changed, however Suncorp Bank will notify you as soon as practicable. If we change the way an interest rate is calculated, we will inform you at least 30 days prior to the interest rate change by notifying you in writing. The interest rate which will apply to your term deposit will be the interest rate which is applicable on the day your term deposit is opened (and on each date the term deposit is reset) having regard to the amount of your term deposit and the term length.

Term Deposit Number Amount $

Term Length Mths Interest rate (if known) %

Interest InstructionPay Interest: Monthly Quarterly Half Yearly Annually Maturity

BSB – To Account Number

Renewal Instructions

Renew Principal and Interest for the same term at the then current rate Renew Principal

Account Name Note:1. The Term Deposit will be set to roll over at every maturity with no access allowed by you during the life of the Bank Guarantee.2. The Term Deposit must be in the same name as the Applicant.

Section 6 Tax File Numbers

Unless otherwise directed, a Tax File Number, where provided, will be applied to all accounts opened under this account name. Providing a Tax File Number is optional under taxation legislation. If you do not quote a Tax File Number, tax may be deducted from the interest earned on the account at the highest marginal rate. Further information can be obtained from the Australian Taxation Office.

Do any of the following circumstances apply: Yes No — any applicant is a U.S. citizen, resident, partnership, corporation or trust, or otherwise governed by U.S. tax laws; or — any applicant is a resident of another foreign country for the purpose of the tax laws of that foreign country; or — any applicant has no residence for tax purposes; or — a U.S. citizen, U.S. resident or a resident of another foreign country for tax purposes exercises control over any account holder or applicant.

If ‘Yes’ is ticked:For Non-Personal applicants, please complete the Foreign Tax Liability Self Certification Declaration – Entities Form.


For Personal applicants, please complete the below:

Applicant Name Country/Jurisdiction of Tax Residence

Taxpayer Identification Number (TIN) or Equivalent

If no TIN available enter Reason A, B or C

If a TIN is not available, please provide the appropriate reason A, B or C where indicated above:Reason A - The country/jurisdiction does not issue TINs to its residents.Reason B - The Account Holder is otherwise unable to obtain a TIN or equivalent.Reason C - No TIN is required. Relevant jurisdiction does not require the TIN to be disclosed.For frequently asked questions regarding Foreign Tax Liability, please visit our Foreign Tax Liability website (https://www.suncorp.com.au/banking/help-support/foreign-account-tax-compliance-act.html).

Section 7 Document Dispatch Details ✓ Please tick appropriate boxes

Please send original bank guarantee to: Applicant/s Store as Stated Solicitor/Accountant at address stated below

Solicitor/Accountant Name

Address

State Postcode

Telephone ( ) Facsimile ( )

Section 8 Fees Schedule

Once off Establishment Fee up to 0.50% of amount guaranteed (min. $100) $

PPS Registration Fee + $ 6.00

First half yearly Guarantee Fee $

= Total Once Off fees $

Ongoing half- Yearly Guarantee Fee = % Calculated on the amount of Bank Guarantee and rounded up to the nearest dollar or $50.00 (whichever is larger)

Which is equal to $ I / we agree that the Total Once Off fees and Half Yearly Fees specified above will be debited to my/our nominated bank account as detailed in the Direct Debit Request below.

Section 9 Direct Debit Request (DDR)

I / We agree that this form authorises Suncorp Bank to debit my/our account via the Bulk Electronic Clearing System in accordance with the instructions detailed in this section and on the terms set out in the Direct Debit Service Agreement section of this form. I / We have read and understood the information contained in the Direct Debit Service Agreement. (see Suncorp Bank Guarantee Terms and Conditions).

A once only debit for the amount of the Once Off Establishment Fee + Once Off Registration Fee + First Half Yearly Bank Guarantee Fee from the account identified in this Request.

The half yearly Guarantee Fee from the account identified in the Direct Debit Request. (Suncorp Bank will automatically adjust the transfer to be equal to the minimum half yearly Guarantee Fee (minimum $50 fee applies)).

I understand that these amounts will be credited to my Bank Guarantee Account to be opened for this Bank Guarantee.Account to be Debited. (NOTE: Direct debiting is not available on all accounts. If in doubt please refer to your financial institution.)

BSB – Account Number

Account Title

Reference Details

Financial Institution

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Section 10 Privacy StatementPrivacy is Important……especially when you consider the number of ways we communicate and interact these days. That’s why we’ve put together this statement. It explains how we collect, hold, use and disclose your personal information and who we share it with.And because it’s guided by privacy laws, you can be sure it takes your rights seriously.Above all, this statement is your assurance that we never take your privacy for granted and always take the utmost care in protecting your personal information.Suncorp-Metway Ltd ABN 66 010 831 722 and SME Management Pty Ltd ABN 21 084 490 166 (‘we’ or ‘us’) are members of the Suncorp Group, which we’ll refer to simply as “the Group”.Why do we collect personal information?Personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable. We collect personal information so that we can:

— identify you and conduct appropriate checks; — understand your requirements and provide you with a product or service;

— set up, administer and manage our products and services; — gather and aggregate information for statistical, prudential, actuarial, reporting and research purposes;

— perform tasks in connection with purchasing or funding products provided to borrowers;

— manage, train and develop our employees and representatives; — manage complaints and disputes, and report to dispute resolution bodies; and

— get a better understanding of you, your needs, your behaviours and how you interact with us, so we can engage in product and service research, development and business strategy including managing the delivery of our services and products via the ways we communicate with you.

What happens if we can’t collect your personal information?If we can’t collect your personal information from you (or from other people or organisations in some cases) we may not be able to provide you with any, some, or all of the features of our products or services.How we handle your personal informationWe collect your personal information directly from you and, in some cases, from other people or organisations.We also provide your personal information to other related companies in the Group, and they may disclose or use your personal information for the purposes described in ‘Why do we collect personal information?’ in relation to products and services they may provide to you.We will use and disclose your personal information for the purposes we collected it as well as for related purposes, where you would reasonably expect us to. We may disclose your personal information to and/or collect your personal information from:

— other companies within the Group; — any of our Group joint ventures where authorised or required; — customer, product, business or strategic research and development organisations;

— data warehouse, strategic learning organisations, data partners, analytic consultants;

— social media and other virtual communities and networks where people create, share or exchange information;

— publicly available sources of information; — clubs, associations, member loyalty or rewards programs and other industry relevant organisations;

— a third party that we’ve contracted to provide financial services, financial products or administrative services – for example: information technology providers, administration or business management services, consultancy firms, auditors and business management consultants, marketing agencies and other marketing

service providers, and print/mail/digital service/imaging/document management providers;

— your or our advisers, agents, representatives or consultants; — government, statutory or regulatory bodies and enforcement bodies; — the Australian Financial Complaints Authority or any other external dispute resolution body;

— credit reporting bodies; — other credit providers, including for reference and collection purposes; — any insurer relating to your facility including lending mortgage insurers and consumer credit insurers;

— investors, advisers, trustees, trust managers or any other organisation that performs tasks in connection with purchasing, funding or managing products provided to you;

— any organisation that assists us to gather or aggregate information for statistical, prudential, actuarial, reporting or research purposes;

— debt collection agencies, your guarantors, organisations involved in valuing, surveying or registering a security property, or which otherwise have an interest in such property, purchasers of debt portfolios;

— manufacturers for plastic card production (e.g. debit cards); and — any other organisation or person, where you’ve asked them to provide your personal information to us or asked us to obtain personal information from them, e.g. your mother.

We’ll use a variety of methods to collect your personal information from, and disclose your personal information to, these persons and organisations, including written forms, telephone calls and via electronic delivery. We may collect and disclose your personal information to these persons and organisations during the information life cycle, regularly, or on an ad hoc basis, depending on the purpose of collection.We may also collect or disclose personal information about you from or to any entity where that collection or disclosure is required or authorised by law. For example, under the following Australian laws we may be authorised or required to collect your personal information: Anti-Money Laundering and Counter-Terrorism Financing Act; Income Tax Assessment Acts, Tax Administration Act and A New Tax System (Goods and Services Tax) Act; National Consumer Credit Protection Act; Personal Properties Securities Act, and any regulations made under those Acts.Disclosure of credit information to credit reporting bodiesWe may disclose your credit information to credit reporting bodies where the Privacy Act permits us to do so. For example, we may disclose your repayment history information which includes whether you have made payments when due or if you have failed to meet your repayment obligations in relation to consumer credit provided by us, and information on whether in our opinion you have committed a serious credit infringement. For more information on credit information and how we collect, hold and disclose such information, please refer to the Suncorp Credit Reporting Policy. Credit reporting bodies may include information provided by us in reports provided to other credit providers to assist them to assess your credit worthiness.We may disclose credit information to the following credit reporting bodies. Their contact details as at the date of publication of this policy are:

Equifax PO Box 964, North Sydney NSW 2059 Ph: 13 83 32 www.equifax.com.au

illion PO Box 7405 Melbourne VIC 3004 Ph: 13 23 33 www.illion.com.au

Experian PO Box 1969 North Sydney NSW 2060 Ph: 1300 784 134 www.experian.com.au

The list of credit reporting bodies we usually disclose credit information to or their contact details may change from time to time. To obtain a current list of credit reporting bodies we usually disclose credit information to, including their current contact details, please go to www.suncorp.com.au/privacy or call 13 11 55 to obtain a hard copy of the list.


You may obtain a copy of each credit reporting body’s policy about their management of credit reporting information. To do so, please contact them or visit their website.Opting out of direct marketing pre-screeningsA credit reporting body may use your credit reporting information to assist a credit provider to exclude you from direct marketing by that credit provider, on the basis that you may be an adverse credit risk. This process is known as a “pre-screening”. If you do not want a credit reporting body to use your information for the purpose of pre-screening, you have the right under the Privacy Act to contact them and request (at no cost to you) that they do not use your information for pre-screening purposes.If you are a victim of fraud (including identity fraud)Under the Privacy Act you can make a request that a credit reporting body (at no cost to you) that they do not use or disclose credit reporting information they hold about you in circumstances where you reasonably believe that you have been or are likely to be a victim of fraud, including identity fraud. The period while this applies is called a “ban period”. The credit reporting body will explain to you in more detail the effect and duration of a ban period when you contact them to make a request.Overseas DisclosureSometimes, we need to provide your personal information to – or get personal information about you from – persons located overseas, for the same purposes as in ‘Why do we collect personal information?’.The list of countries Suncorp usually discloses personal information to is in our Suncorp Group Privacy Policy. Please go to www.suncorp.com.au/privacy to see our Suncorp Group Privacy Policy or call 13 11 55 to obtain a list of countries Suncorp usually discloses personal information to.From time to time, we may need to disclose your personal information to, and collect your personal information from, other countries not on this list. Nevertheless, we will always disclose and collect your personal information in accordance with privacy laws.Your personal information and our marketing practicesEvery now and then, we and any related companies that use the Suncorp brand might let you know – including via mail, SMS, email, telephone or online – about news, special offers, products and services that you might be interested in. We will engage in marketing unless you tell us otherwise. You can contact us to update your marketing preferences at any time.In order to carry out our direct marketing we collect your personal information from and disclose it to others that provide us with

specialised data matching, trending or analytical services, as well as general marketing services. We may use online targeted marketing, data and audience matching and market segmentation to improve advertising relevance to you.We may also collect your personal information for marketing through competitions and by purchasing contact lists.We, and other people who provide us with services, may combine the personal information collected from you or others, with the information we, or companies in our Group, or our service providers already hold about you.Changes and getting a copy of the PoliciesYou can obtain a copy of the Suncorp Group Privacy Policy and Suncorp Credit Reporting Policy. Please use the contact details in Contact Us if you wish to do so.We encourage you to review and check our websites regularly for any updates to our Policies. By continuing to deal with us, you accept our Policies as they apply from time to time. How to access and correct your personal information or make a complaintYou have the right to access and seek correction of your personal information (including credit information and credit eligibility information) held by us and you can find information about how to do this in the Suncorp Group Privacy Policy and Suncorp Credit Reporting Policy.These policies also include information about how you can complain if you believe we have not complied with the Privacy Act (including the credit reporting provisions in Part IIIA and the Credit Reporting Code) and how we’ll deal with such a complaint.Contact usFor more information about our privacy practices including overseas disclosure or to tell us about your marketing preferences you can visit: www.suncorp.com.au/privacy.Alternatively, you can get in touch directly by contacting us on:

— Phone: 13 11 55 — Email: [email protected] — Mail: Suncorp Bank GPO Box 1453, Brisbane Qld 4001

— or by visiting a Suncorp Bank Store

Section 11 Acknowledgements and Declarations

Have you ever been or are you currently bankrupt or insolvent or is bankruptcy pending against you, or have you ever assigned your estate or entered into any compromise for the benefit of creditors? Yes NoIs there an unsatisfied judgement entered, or a judgement likely to be entered, in any court against you, or any company of which you are, or were, a shareholder or officer? Yes NoIf you have answered ‘Yes’ to any of the above, please give details.

Before you signPlease read the attached Suncorp Bank Guarantee Terms and Conditions. We recommend that you seek independent legal and financial advice prior to signing this document. Please note that you can withdraw this offer at any time before our acceptance of this offer is communicated to you.

All Applicants must please sign this declaration section below and have their signature witnessed:I / We the undersigned hereby agree, warrant and represent to Suncorp Bank that:-

— It is an offence under the “Anti-Money Laundering and Counter Terrorism Financing Act 2006” to make a false or misleading statement, — Where the Applicant is a Trust or a Company, I / we declare the Applicant is authorised to enter into the proposed financial transaction and I/ we are authorised to make this declaration on the Applicant’s behalf. This declaration is binding upon us in our own capacity as well as our capacity as Trustee and /or Company Director.

— I/We/The Applicant have read and understood this Agreement. — I/We/The Applicant declare that all information provided in this Agreement is correct and not misleading. — I/We are bound by the Terms and Conditions of this Agreement. — Suncorp Bank can collect, use and disclose my/our personal information, including sensitive information if applicable in accordance with the Privacy Statement included in this application and the Suncorp Privacy Policy. This includes any Beneficial Owner(s) who I/we have identified.

— Consent to Suncorp Bank communicating with me by electronic communication including email and SMS at the addresses I provide from time to time regarding my products and services

— I/We will update Suncorp Bank immediately if my/our tax status for the purposes of the Foreign Account Tax Compliance Act (FATCA) and/or the Common Reporting Standard is to change in the future.


Signatures (COMPLETE ONE SECTION ONLY - except for a Company as Trustee which must sign under Company & Trust)

Individual/sExecuted by Applicant duly authorised

Signed by Applicant

Print Name

Signed by Applicant

Print Name

Sole Director Company

Executed by the Applicant duly authorised

Signed by Sole Director

Print Name

Company


Signed by Director

Print Name

Signed by Director

Print Name

Partnership


Signed by Partner

Print Name

Signed by Partner

Print Name

Trust


Signed by Trustee/s

Print Name

Signed by Trustee/s

Print Name

Witness Signature (Mandatory for All signing authorities)

In the presence of:

Print Name

In the presence of:

Print Name

Office Use Only

Originating Store State

Originating Store CLMS Number ANZSIC Code

Submitted and Recommended by:

Name U Number

Position Date D D / M M / Y Y Y Y

Approved by:

Name U Number

I confirm this Bank Guarantee complies with Bank Credit Risk Policy

Position Date D D / M M / Y Y Y Y

Guarantee issue processed by

Name U Number Date D D / M M / Y Y Y Y

Bank Guarantee Number Bank Guarantee Account Number


Proof of IdentityIt is a requirement that the identity of all new account holders, applicants and guarantors, is verified under the Anti-Money Laundering and Counter Terrorism Financing Act 2006.Company – An ASIC Company search dated within the last 7 days (we can perform the search at a cost, if required)Trust – Trust Deed or Trust Deed ExtractIndividuals – If you have Primary Photographic ID – 2 Documents

— At least 1 Item from Part A If you DO NOT have Primary Photographic ID – 3 Documents

— At least 1 Item from Part B + 1 Item from Part C Full Name, Address and Date of Birth, if shown on the identification documents, must be in English

Part A – Primary Photographic Identification Documents — A current driver’s licence — A current Australian passport (or one which has expired within the last two years)

— A current Proof of Age Card issued by an Australian State/Territory (including 18+ Cards)

— A current foreign passport or similar travel document issued by a government, the UN or agency of the UN.(containing your signature)

— A National Identity Card issued by a foreign government, the UN or agency of the UN (containing your signature)

Part B – Primary Non Photographic Identification Documents — A Current Drivers Licence (without photograph) — An Australian birth certificate/extract — A citizenship certificate — A foreign birth certificate issued by a foreign government, the UN, or agency of the UN

— A current Centrelink Concession Card

Part C – Secondary Identification Documents — Australian Government Card/Notice showing entitlement to financial benefits (issued within the last 12 months)

— Income Tax Assessment Notice (issued by ATO within the last 12 months)

— Council Rates Notice or Utilities Bill (eg gas, phone, electricity) (issued within the last 3 months)

Part D – Additional Identification Documents — Current Medicare Card — Current Credit/Debit ATM Cards (issued by an Australian Financial Institution)

— Other Financial Institution records (eg Bank Statement, Term Deposit Certificate, Passbook)

— Current Tertiary Education Identity Card with Photo (eg Student Card) — Current Government Issued Identity Card with a Photo

Store Use Only – Identification DetailsNew Customers: Complete ID check Existing Customers: Verify signature

Applicant 1 Document 1 Document 2 Document 3

Verified From Original Certified Copy Verified From Original Certified Copy Verified From Original Certified Copy

Document Type Document Type Document Type

Issuer Issuer Issuer

Issue Date (if any) D D / M M / Y Y Y Y Issue Date (if any) D D / M M / Y Y Y Y Issue Date (if any) D D / M M / Y Y Y Y

Expiry Date (if any) D D / M M / Y Y Y Y Expiry Date (if any) D D / M M / Y Y Y Y Expiry Date (if any) D D / M M / Y Y Y Y

Document Number (if any) Document Number (if any) Document Number (if any)

Collection Date D D / M M / Y Y Y Y Collection Date D D / M M / Y Y Y Y Collection Date D D / M M / Y Y Y Y

Applicant 2 Document 1 Document 2 Document 3

Verified From Original Certified Copy Verified From Original Certified Copy Verified From Original Certified Copy

Document Type Document Type Document Type

Issuer Issuer Issuer

Issue Date (if any) D D / M M / Y Y Y Y Issue Date (if any) D D / M M / Y Y Y Y Issue Date (if any) D D / M M / Y Y Y Y

Expiry Date (if any) D D / M M / Y Y Y Y Expiry Date (if any) D D / M M / Y Y Y Y Expiry Date (if any) D D / M M / Y Y Y Y

Document Number (if any) Document Number (if any) Document Number (if any)

Collection Date D D / M M / Y Y Y Y Collection Date D D / M M / Y Y Y Y Collection Date D D / M M / Y Y Y YCompany Applicant/Guarantor/Trustee

Date of ASIC search D D / M M / Y Y Y Y Collection Date D D / M M / Y Y Y Y

How was the search obtained? Provided by Customer Conducted by Suncorp

Trust Applicant/Guarantor

Verified from Original Certified Copy Document Type

Issue Date D D / M M / Y Y Y Y Collection Date D D / M M / Y Y Y Y

Verification of ID Conducted by:

Document Type User ID

Verifier’s Organisation (Brokers/Agents only)

Verification Date D D / M M / Y Y Y Y


Terms and Conditions – Bank Guarantee Secured Solely by a Suncorp Bank Term Deposit

1. Acceptancea. The Bank Guarantee Facility will be effective when:

i. you complete and submit this Application for a Bank Guarantee; and

ii. we provide an executed Bank Guarantee to you or the person you have nominated in Section 7 (Document Dispatch Details) of this Application for the benefit of the Favouree.

b. The Bank Guarantee Facility will be governed by these Suncorp Bank Guarantee Terms and Conditions.

c. Before we will issue a Bank Guarantee, we must be satisfied:i. that the Application is approved subject to our standard

lending criteria from time to time;ii. we have received value for the Term Deposit; iii. the Term Deposit has been established in your name;iv. the purpose of the Bank Guarantee has been approved by us

at our sole discretion; andv. in our reasonable opinion there has not been any event which

is likely to materially and adversely affect your ability to perform your obligations under this Bank Guarantee Facility.

2. Fees and Chargesa. The fees payable in respect of the Agreement are set out on

page 4 of this Application and in the Lending Fees and Charges booklet.

b. You agree that all Fees are payable by direct debit from your nominated bank account in accordance with the Direct Debit Service Agreement included in this application.

c. You must pay the Establishment Fee in connection with the making of this Application. The Establishment fee will not be refunded in the event you do not proceed with the Bank Guarantee.

d. You must also pay an ongoing half yearly fee in advance during the term of the Bank Guarantee. This fee is payable on the date of issue of the Bank Guarantee and then on each 6 month anniversary of this date during the term of the Bank Guarantee. The fee will be calculated on the amount of the Bank Guarantee to the nearest whole dollar with a minimum fee of $50.00 per half year.

e. We reserve the right to change the ongoing fees at any time and to introduce new fees and charges. We will tell you about the change in writing as soon as reasonably possible and at least 30 calendar days’ notice prior to the change. We may give you a shorter notice period than this only if:i. we believe doing so is necessary for us to avoid, or to reduce, a

material increase in our credit risk or our loss; orii. there is a change to, or introduction of a government charge

that you pay directly, or indirectly, as part of your banking service. In that case, we will tell you about the introduction or change reasonably promptly after the government notifies us. However, we are not obliged to tell you about it if the government publicises the introduction or change.

3. Expiry of the Bank Guaranteea. The Bank Guarantee will be regarded as current until one of the

following occurs:i. the original Bank Guarantee is returned to us by the Favouree; ii. the Favouree provides us with written confirmation that it no

longer requires the sum described as the amount of the Bank Guarantee to be paid to it by you; or

iii. the sum referred to in the Bank Guarantee is paid by us to the Favouree.

b. Despite the above events being listed as alternatives, we reserve the right (acting reasonably) to require notification listed in Clause 3.a.ii above in addition to the return of the original Bank Guarantee document listed in Clause 3.a.i where we are not able to satisfy ourselves (acting reasonably) that a document delivered to us is the original Bank Guarantee. This does not prevent us from cancelling the Bank Guarantee solely on receipt of the original Bank Guarantee document and we are under no obligation

to require Clause 3.a.ii notification in addition to return of the original Bank Guarantee document prior to cancelling the Bank Guarantee.

4. Payment under Bank Guarantee and Payment of Moneys Secureda. Despite anything else contained in this Application, the Agreement

or any Bank Guarantee issued under it: i. we are not required to investigate the purpose of any payment

made to the Favouree of any Bank Guarantee issued under this Agreement; and

ii. may at any time without receiving a demand from the Favouree pay the “Sum” referred to in the Bank Guarantee to the Favouree where necessary to protect our Legitimate Interests.

b. You must pay all Moneys Secured when we demand set out in Clause 4.c below:

c. We may demand payment from you:i. immediately if we have made a payment under a Bank

Guarantee to a Favouree or holder of that Bank Guarantee; orii. in any other case, by giving not less than 5 calendar days’

notice. d. You cannot dispute:

i. any payment or the reason for making any payment under any Bank Guarantee; or

ii. any payment we make to any person in respect of the Moneys Secured.

e. You must make all payments without set-off or counter claim and free of any deductions.

f. You must make all payments in the same currency in which the Moneys Secured are due.

g. You must pay the Charges in connection with this Agreement on the due date.

h. If you are required by Legislation to make a deduction for any Charges from any payments you owe us, then the Moneys Secured will be increased so that we receive the full amount owing us. You must make the deduction and pay the deducted amount to the relevant Authority and deliver the original receipt to us.

i. You acknowledge that our obligations under the Bank Guarantee are unconditional.

j. The aggregate amount of liability (including contingent liability) for all Bank Guarantees must not exceed the Guarantee Limit. We are under no obligation to provide a Bank Guarantee if by doing so the Guarantee Limit would be exceeded.

5. InterestIf the Term Deposit balance is not sufficient to satisfy the Moneys Secured, any outstanding Moneys Secured will accrue interest from the date of the Amount Paid at our Base Rate plus a margin of 2% p.a. (“Facility Interest Rate”) calculated on a daily basis. Interest is calculated on daily balances on a 365 day year and charged monthly. We will advise you of our Base Rate in writing once we pay the Amount Paid and after that we will include it on your statement of account.

a. If you do not pay interest on the outstanding Moneys Secured to us within 30 calendar days of the interest becoming due then the Higher Interest Rate will apply to the interest from the date that the interest became due until the date that all outstanding interest has been paid. Higher Interest Rate means the Facility Interest Rate (as defined above) plus 3% p.a.

b. We will pay interest on the Term Deposit at carded (advertised) rates which are the rates generally offered to our customers:i. at the time the Term Deposit is opened; and ii. when the Term Deposit is automatically renewed for a further

period as we determine acting reasonably.c. We may debit from interest owing to you for the Term Deposit any

outstanding Bank Guarantee Fees.d. Our carded (advertised) term deposit interest rate is fixed for

specific periods. The interest rate for a specific period will reflect our advertised rate at the commencement of that period. We


advertise our Term Deposit carded rates at www.suncorp.com.au/banking/investments/term-deposits. Your Term Deposit will be reinvested for the same term at the then current rate unless you let us know that you would like to change the investment term.

6. Term Deposit as Securitya. You will not, without our written consent Deal with the Term

Deposit. You acknowledge that your right to receive any of the Term Deposit will be extinguished to the extent that any of the Term Deposit is used by us in the manner permitted under Clause 7.

b. You have no right to withdraw or Deal with the Term Deposit (or any part of it) until either:i. the Moneys Secured have been repaid or discharged in full; orii. the Bank Guarantee has expired in accordance with Clause 3

of these Suncorp Bank Guarantee Terms and Conditions and there are no Moneys Secured outstanding; and

the Term Deposit has matured or 31 days has elapsed after our consent to your request for early withdrawal of the Term Deposit.

c. We may, in our reasonable discretion, determine whether:i. the Moneys Secured have been repaid or discharged in full; and ii. there are any Moneys Secured outstanding.

7. Right of Set Off over Term Deposita. You authorise us at any time to appropriate, set-off or debit to all

or part of the Term Deposit an amount that you are obliged to pay us in connection with a demand made under the Bank Guarantee.

b. You authorise us, where it is reasonably necessary to protect our Legitimate Interests to appropriate, set-off and debit at any time, all or part of the Term Deposit towards the satisfaction of the Moneys Secured.

c. If we appropriate, set-off or debit all or part of a Term Deposit before maturity (if any) we can adjust the rate of interest that applies to the Term Deposit to that which would have applied for the reduced term from the day the Term Deposit was lodged to the day of such appropriation, set-off or debit.

d. We may exercise the rights conferred under Clause 7(a):-i. immediately and without notice for Moneys Secured that are

due and payable; ii. for any other amounts, by giving not less than 5 calendar

days’ notice to you, except where necessary to protect our Legitimate Interests, in which case no notice will be provided;

iii. without further authority or instructions from you or any other person; and/or

iv. irrespective of whether the Term Deposit or the Moneys Secured are then presently due and payable or contingently owing (or any part of them as the case may be),

v. in relation to the whole or any part of the Term Deposit or the Moneys Secured.

e. We may apply the money by any means that we reasonably choose. This includes the application of money to a suspense account for as long as we see fit and creation of the relevant entries in our books to record that the application of money has been effected.

f. If we combine or set off your accounts under Clause 7.a, then we will let you know by written notice promptly after doing so.

8. Continuing Agreement and Reviewa. This Agreement will remain in force as long as Moneys Secured

remain unpaid. For that period we will be under no obligation to repay the Term Deposit to you or otherwise Deal with the Term Deposit.

b. The continuation of the Bank Guarantee Facility is subject to review by us at any time, acting reasonably.

c. The review will include a review of our exposure in respect of any Bank Guarantee and other Moneys Secured having regard to the value of the Term Deposit, the conduct of the Bank Guarantee Facility and the your financial position.

d. Despite anything contained in this Agreement, if the review does not produce a satisfactory result (which will be determined at our

reasonable discretion having regard to our Legitimate Interests), we may require you to pay all or part of the Other Monies Owing within 5 calendar days of receiving written notice from us.

9. Terminationa. We may, in our reasonable discretion, terminate this Agreement

by giving not less than 5 calendar days’ notice in writing to you, except that where it is necessary to protect our Legitimate Interests, we may give notice in writing to terminate this agreement with immediate effect.

b. Within 5 calendar days of termination by us in accordance with Clause 9.a, you must pay to us all Moneys Secured. You must take all steps to obtain in our favour a discharge from any and all liability to the Favouree under any Bank Guarantee, including, but not limited to, immediately returning the original Bank Guarantee to us together with a discharge letter from the Favouree.

c. If we do not receive payment of any of the Moneys Secured within 5 calendar days from the date of termination of this Agreement, we may, at our absolute discretion, pay to any Favouree the amount payable under any Bank Guarantee issued to that Favouree by us, and apply the Term Deposit (or any part of it) towards the satisfaction of the Moneys Secured in accordance with Clause 7 of this Agreement.

10. Indemnitya. You indemnify us, our Attorneys, Authorised Officers, employees,

agents and contractors in respect of any and all losses, costs, expenses including legal costs reasonably incurred by them as a result of:i. us paying the Moneys Secured;ii. your liability to pay the Moneys Secured being unenforceable

for any reason other than our act or omission;iii. you becoming Insolvent;iv. any payments made to us on account of the Moneys Secured

being void or voidable; v. the Moneys Secured not being recoverable for any reason

other than our act or omission;vi. you lacking the capacity, power or authority to pay the Moneys

Secured or observe the provisions of this Agreement;vii. the Moneys Secured being irrecoverable for whatever reason

other than our act or omission; or us exercising our Powers;viii. any failure by you to comply with any material obligation

under this Agreement;ix. us acting as your attorney; or providing any indemnity to any

person (acting reasonably) but not to the extent that any such indemnity covers any fraud, negligence or wilful misconduct of that person;

x. acting on any instruction or direction given by or on behalf of you in connection with the Agreement; or

xi. the enforcement or preservation of any rights under this Agreement, whether or not arising as a consequence of mistake, oversight or error of judgement on the part of us.

except to the extent the liability or loss are caused by fraud, negligence or wilful misconduct on our part or on the part of our Attorneys, Authorised Officers, employees, agents contractors, inspectors, or valuers.

b. You must promptly on request pay the amount indemnified including the Moneys Secured on demand within a reasonable period and in any event within 5 calendar days of us making demand.

c. This indemnity must be enforceable even if any Security or Bank Guarantee is still current and has not matured or fallen due. We may retain any Securities held by us in support of this indemnity for 7 months after the date when the Moneys Secured are paid in full.


11. General Representations and WarrantiesYou warrant to us that each of the warranties specified in this Clause 11 will remain true as long as this Agreement remains in force.

a. If you are a natural person, you represent and warrant to us that: i. your obligations under this Agreement are valid and binding;ii. each and every approval necessary for you to enter into this

Agreement has been obtained and is in force;iii. this Agreement and the transactions contemplated by it

comply with Legislation in all material respects;iv. you are not in material default under Legislation that affects

you or your assets;v. there is no pending or threatened action or proceeding

affecting you or your assets that could have a material effect on your business or your capacity to meet any of your financial obligations including the obligations under this Bank Guarantee Facility;

vi. all information you have provided is correct and not misleading and includes all material facts necessary to make the information complete and accurate;

vii. no security or security interest exists in connection with your assets or your undertaking except as disclosed to us; and

viii. you are not Insolvent.b. If you are a company or Corporation, you represent and warrant to

us that:i. you are duly incorporated and validly existing as a Corporation

or company limited by shares or by guarantee according to Legislation;

ii. you have power and authority to own your rights, property, undertaking and assets and to carry on your business as is now being conducted;

iii. your obligations under this Agreement are within your powers;iv. the execution, delivery and performance of this Agreement are

duly authorised by necessary corporate and other action;v. your obligations under this Agreement are valid and binding;vi. all approvals and other authorisations necessary for you to

enter into this Agreement have been duly obtained and are in full force and effect;

vii. this Agreement and the transactions contemplated by this Agreement comply with any directive, agreement, instrument, undertaking, or obligation affecting you or your assets and will not cause a limitation in your powers or the powers of your directors to be exceeded;

viii. you or your subsidiaries are not in material default under Legislation affecting you or your subsidiaries or your respective assets;

ix. there is no pending or threatened action or proceeding affecting you or your subsidiaries or their respective assets that could have a material effect on your business or the business of your subsidiaries or their capacity to meet any financial obligations;

x. neither you nor your subsidiaries have immunity from the jurisdiction of any Authority or from legal process;

xi. all information you have provided to us is correct and not misleading and includes all material facts necessary to make the information complete and accurate;

xii. your obligations under this Agreement rank at least equally with all your other unsecured and unsubordinated indebtedness except liabilities mandatorily preferred by law;

xiii. no security exists in connection with your assets or undertaking except as disclosed to us; and

xiv. you are not Insolvent.c. If you are a trustee of a trust (“the Trust”), you represent and

warrant to us that:i. this Agreement binds you personally and in your capacity as

trustee;ii. this Agreement creates a security interest (as defined in the

Personal Property Securities Act 2009) that affects the legal and beneficial interest in the Term Deposit;

iii. you will ensure that any succeeding trustee executes such documents as we require to ensure this Agreement binds the successor where this is permissible by Legislation;

iv. you will, on demand by us, where the Moneys Secured have become payable by you to us but remain unpaid, exercise your rights of indemnity as a trustee and your rights against the beneficiaries to ensure payment of the Moneys Secured to us according to the terms of this Agreement and to hold such rights for us where this is permissible by Legislation;

v. you are the sole trustee of the Trust and no action has been taken to remove or replace you;

vi. full particulars of the Trust have been disclosed to us;vii. the copies of the instrument constituting the relevant Trust (“the

Trust Deed”) and any other documents relating to the Trust provided to us are true copies of those documents as in force;

viii. you have powers specified in the Trust Deed to execute and perform your obligations under this Agreement;

ix. all necessary action has been taken to authorise the execution and performance of this Agreement under the Trust Deed;

x. this Agreement and all transactions secured by this Agreement are for the benefit of the beneficiaries and are in accordance with the due and proper administration of the Trust;

xi. you have the right to be fully indemnified out of the assets of the Trust (“the Trust Fund”) and that right has not been restricted or limited in any way;

xii. you are not in default under the Trust Deed; xiii. the Trust has not vested; andxiv. our rights under this Agreement will rank in priority to the

claims of the beneficiaries under the Trust.12. No Alteration to the Trust Deed

a. Except with our prior written consent (which will not be unreasonably withheld, but for which we will have regard to what is reasonably necessary to protects our Legitimate Interests):i. the Trust Deed must not be altered in a manner that could

affect our rights under this Agreement including without limitation by any alteration to your right of indemnity from the Trust Fund;

ii. you must not retire as trustee nor appoint any new or additional trustee; and

iii. you must not fail to observe or perform your duties under the Trust Deed.

13. Power of Attorneya. You irrevocably appoint us and our Authorised Officers, severally,

as your attorney (“Attorney”) with power, at your expense, to do the following things and exercise the following powers:

b. The Attorney may:i. do all acts and things you are obliged to do under this

Agreement or a Security;ii. execute all documents you are obliged to execute under this

Agreement or a Security;iii. for the purposes of paragraph (i) above, do any act or matter

required or allowed by Legislation;iv. for the purposes of paragraph (i) above, but subject to the

requirements of any Legislation, do any other act, thing or execute any other document that may be necessary or expedient to give effect to the Powers;

v. for the purposes of paragraph (i) above, do anything you can lawfully do as if the Attorney had been appointed in accordance with applicable Legislation; and

vi. delegate the Attorney’s power to any person for any period and revoke that delegation.

c. You agree to ratify anything done by the Attorney in accordance with this Part.

d. Nothing in this Agreement will confer a right on the Attorney to enter into a credit contract, mortgage or guarantee to which the National Credit Code applies on your behalf.


14. Noticesa. Where the law permits this, any notice or demand required under

this Agreement, Legislation or court process is deemed to have been duly given if it is:i. in writing;ii. signed by an Authorised Officer or our solicitors; andiii. emailed to the address you provided to us for the purposes of

providing notices; or iv. left at or sent by prepaid mail to:

(A) your address as last notified to us; or (B) if you are a corporation, your registered office.

b. Where the law permits this, a notice, demand or court process left at your last known address, is taken to have been received by you on the date of leaving.

c. Where the law permits this, a notice, demand or court process sent by mail is deemed to have been received by you on the sixth day after posting (or fourteenth day for overseas mail) (excluding days on which no mail deliveries are normally made).

d. Where the law permits this, where there are two or more Applicants, a notice, demand or court process served on any one of you is deemed to be service of the notice on all of you.

e. Where the law permits this, we can give you a notice, demand or court process by electronic means if it is in writing and signed by an Authorised Officer or our solicitors.

f. Where a notice, demand or court process is transmitted by facsimile it is deemed to have been received by the party to whom it is addressed upon receipt by us or our solicitors of an aural tone or visually displayed code on completion of transmission of the facsimile.

g. We may send you any notice or demand by electronic mail to your electronic mail address except for any notice or demand required under Legislation or court process to be given by another method. Such notice or demand is taken to have been received by you upon us receiving an electronic report confirming successful delivery or receipt.

h. The provisions for service of notices, demands or court process under this Clause 14 are in addition to any other method of service allowed under Legislation.

15. SeverabilityIf any of the provisions of this Agreement are or become invalid, illegal or unenforceable, they are at our option, severed from this Agreement. The validity, legality and enforceability of the remaining provisions will not be in any way affected or impaired by any severance.

16. Collateral Securities and Other Agreementsa. This Agreement is collateral to the Securities.b. The Securities are also collateral to this Agreement.c. The Agreement and the Securities secure the Moneys Secured.d. You must comply with the provisions of every Agreement or

Security we hold and the provisions of every Agreement or Security with the necessary changes form part of this Agreement and vice versa.

17. Conditions of Approval and Jurisdiction Clausea. Where our consent is required under this Agreement, we will only

withhold that consent when it is reasonable for us to do so. It is reasonable for us to withhold our consent where it is reasonably necessary to protect our Legitimate Interests.

b. This Agreement is governed by the laws of Queensland.18. GST and No Set Off by Applicant

a. You indemnify us against:i. liability to pay or reimburse GST payable in respect of our or

a Receiver’s exercise of rights, powers or remedies pursuant to an agreement or Security. It does not matter if it is imposed by any Legislation relating to GST or by virtue of any indemnity or contractual obligation or in any other manner; and

ii. any loss which we incur by reason of the imposition of GST on any other Supply pursuant to an agreement or Security (including any Supply to you), which is not recovered under Clause 18.b, with the exception of liability or loss incurred as a result of our or any of our Authorised Officers’ fraud, negligence or wilful misconduct.

b. In case of any Taxable Supply:i. the consideration payable that is provided to us (under the

provisions of any agreement or Security other than this Part) will be increased by an amount equal to the GST payable on the Supply (“Applicable GST”); and

ii. the Applicable GST must be added to the consideration payable under the provisions of any agreement or Security so it forms an additional part of the consideration for the Supply.

c. You agree to pay in full the amount we specify as payable under this Agreement when we require it. If reasonably necessary, we may subsequently adjust this amount to include any GST payable by us to the Favouree. You authorise us to pay that amount.

d. You agree not to deduct anything from any payment referred to in Clause 18.c. This means that you cannot deduct anything that you claim we owe or could owe you in the future.

19. Preservation of your Liabilitya. Your liabilities and obligations will remain in full force and effect

even though:i. where if the persons comprising the Applicant are a

partnership and changes take place in the partnership for whatever reason;

ii. we have Security for the Moneys Secured;iii. any Security we hold securing the Moneys Secured is or

becomes void, defective, or invalid;iv. we abandon, release, realise, exchange, vary, or deal in any

other way with any Security;v. you are Insolvent; vi. there is a change to your legal capacity, legal rights or

obligations;vii. you are is a trustee, nominee, partnership, firm, association,

joint owner or joint venture;viii. we fail, neglect, default, or omit to take Security or fail to

enforce such Security except where taking Security was a condition of the parties entering into this Agreement;

ix. we fail, neglect, or omit to take any steps for the protection or perfection of any Security;

x. there is acceptance, repudiation or other termination in connection with the failure or neglect to recover the Moneys Secured;

xi. there is a payment following determination of this Agreement which might operate to reduce your liability;

xii. the obligation or liability of a person other than you is invalid or unenforceable;

xiii. your execution of this Agreement is invalid or irregular or your powers do not enable you to enter into or perform your obligation under this Agreement;

xiv. the Powers in connection with the Moneys Secured are assigned;

xv. a person other than you is released from liability under Legislation;

xvi. there is any, acquiescence, delay, omission or mistake on our part or another person;

xvii. we grant or agree to grant time, waiver or other indulgence or concession to or make any composition or compromise with any person;

xviii. any other Applicant is released in full or in part of from its obligations under any Security;

xix. a change occurs in the name or manner in which we or you conduct business including any change in any partnership, firm or association of which you are a member; or


xx. we fail to disclose any material fact, circumstance or event to you, except where the failure to disclose arises from our fraud, negligence or wilful misconduct.

20. Non Liability of Other PersonsYour liability must not be affected by the failure of any other Applicant to be bound by this Agreement due to our act or omission or by the discharge of any person who is a co-surety or co-indemnifier for the Moneys Secured.21. No MergerThis Agreement must be in addition to and must not be affected by any Security. The Powers under this Agreement must not be merged in any Security.22. Variation of AgreementWe may:

a. waive any of your obligations under this Agreement; or b. change any of the Suncorp Bank Guarantee Terms and Conditions

of this Agreement, including by varying any fees or charges payable under the Agreement or by introducing new fees or charges payable under it,

by giving you written notice signed by an Authorised Officer.If we consider (acting reasonably) that a change is unfavorable to you, then we will give you at least 30 days’ notice before the change becomes effective.23. Release Securities We can release or replace a Security that you give to us, including this Agreement, and that will not affect your obligations under any other Security we hold.24. Direct Debit Service AgreementThis Direct Debit Service Agreement forms part of the terms of the Direct Debit Request (“DDR”) and should be read in conjunction with the DDR on page 4 of this application. We will process a direct debit to the account nominated on the DDR section on page 4 of this Application for Bank Guarantee for the value of your ongoing fees (plus any Government charges, GST and any other bank processing fees) on the date that it is due in accordance with the terms and conditions of your Bank Guarantee. We will automatically change the amount of your DDR if your half yearly Bank Guarantee fees change for any reason. You will be notified of any changes in your half yearly Bank Guarantee Fee in accordance with the terms and conditions of your Bank Guarantee. We will provide you with not less than 14 calendar days’ notice if we change and terms of the DDR. You may stop, cancel, defer or alter your DDR at any time by providing not less than 7 calendar days notification in writing to any Suncorp Bank Store. Requests to vary the details of the account to be debited MUST be in writing and must be given by a person with opening authority for the account.If you wish to dispute a DDR transaction you can contact us and we will arrange for your disputed transaction to be investigated and where appropriate, for a correction to be made.If your DDR falls on a weekend or a public holiday we will process it the next Business Day. If you are uncertain of the date your DDR will be processed you should contact us on telephone 13 11 55 or your financial institution.If your DDR is dishonoured or returned unpaid by your financial institution for any reason, we reserve the right to recover the funds from you and charge a dishonour fee in accordance with our standard terms and conditions. You should ensure that you have sufficient cleared funds in your Account to enable the DDR to be paid by your financial institution. We will not disclose any details of your DDR to any person or corporation unless required to do so by law or unless the information is required in relation to a disputed transaction. If you wish to make inquiries about your DDR please contact any Suncorp Store or call 13 11 55.25. Interpretation and reading this Agreement

a. A reference to any Legislation (whether generally or specifically) includes all statutes, codes, ordinances, regulations, rules or by-laws and any amendment, consolidation or substitution of them from time to time.

b. Words importing the singular include the plural and vice versa.c. Words importing a gender include any genders.d. Headings are inserted for guidance only and do not affect the

contents of any Clause.e. Each Clause in this Agreement is not, except where expressly

provided, limited in meaning or effect by any other Part or Clause of this Agreement.

f. Any reference to any person by their defined term includes that party’s executors, administrators or permitted assigns or being a company its successors or permitted assigns.

g. We agree with you that this Agreement may from time to time secure moneys which are secured by a mortgage or guarantee as part of the Securities.

h. A reference in this Agreement to an agreement, Security or other agreements in writing or documents will include all amendments, variations and substituted agreements or documents pertaining to any of the above in force between the parties to them at any relevant time.

i. Any term used in this Agreement that is not otherwise defined in this Agreement but which is defined in any Legislation relating to GST will have the meaning it bears in any such Legislation.

26. Definitions in this ApplicationThe following words have the special meanings set out in this section:“Account” - means any account with us in your name either alone or with any other person or in the names of two or more of you. “Agreement” - means an agreement formed upon the terms of this Application, the Product Information Document for Term Deposit products, the Terms and Conditions for Suncorp Accounts, the Bank Guarantee and the Lending Fees and Charges booklet and any amendments to these documents and each and every contract in writing now and in the future in relation to the Moneys Secured in which we have expressly provided for the terms of payment or repayment of the Moneys Secured.“Amount Paid” - means any amount paid or payable by us under a Bank Guarantee.“Applicant” or “you” - means the person, Company and or Trust as specified in this Application.“Authorised Officer” - means our director, associate director, secretary or any class of manager or any other person authorised by us.“Authority” - means any government and any governmental, semi-governmental, statutory, municipal, local or other authority, tribunal or corporation having jurisdiction in respect of you.“Bank Guarantee” - means any guarantee to be given by us at your request and direction to a Favouree on terms and conditions acceptable to the Bank in the form used by us on the terms of this Agreement.“Bank Guarantee Account” - means an account opened by the Bank to record all monetary transactions representing all fees charges and payments relevant to the Bank Guarantee.“Bank Guarantee Facility” – means the facility for issue of Bank Guarantees established under this Agreement. “Banking Code” – means Banking Code of Practice 2019 as issued by the Australian Banking Association and amended from time to time. “Base Rate” - means the Bank’s 30 Day Bill Rate (set and charged on the last day of calendar month).“Business Days” - means a day that we are open for business in Queensland. It does not include Saturday, Sunday or a public or bank holiday in Queensland.“Charges” - includes taxes (excluding income and capital gains tax), rates, land tax, levies, imposts, outgoings or other moneys, costs or expenses owing or payable to an Authority or lessor or lessee, tenant, occupier, licensee, trustee and any other charge, cost or expense imposed or payable.“Corporation” - has the same meaning as assigned to that term in the Corporations Act 2001.


“Deal” - includes: — part with possession; — mortgage or charge; — sell, transfer or surrender; — withdraw; or — pledge or the grant of a lien.

“Favouree” - means the person identified in this Application as the Favouree or as agreed in writing between you and us prior to issue of the Bank Guarantee.“Guarantee Limit” - means the amount of the Bank Guarantee as specified on Page 3 of this Application.“Insolvent” - means a reference to insolvency includes liquidation, appointment of an administrator, compromise, arrangement, merger, amalgamation, reconstruction, winding up, dissolution, deregistration, assignment for the benefit of creditors, scheme, composition or arrangement with creditors, insolvency, bankruptcy, or a similar procedure or, where applicable, changes in the constitution of any partnership or person.“Legitimate Interests” - means:

a. our legitimate funding (including securitisation), business risk management, prudential or security requirements;, and/or

b. any other requirements that are reasonably necessary to protect us against a material risk that:i. a monetary default will occur;ii. we are unable to enforce our rights against the Favouree or

Guarantor; oriii. there will be a material compromise to the Agreement.

“Legislation” - means:a. the law; andb. any act, statute, by-law, regulation or ordinance.

“Moneys Secured” - means all money which has and or may become due, owing or by you to us now or in the future, either directly or indirectly, whether certain or not such as money arising from:

a. any Amount Paid; b. stamp duties and any other duties or taxes paid or payable by us;c. fees, expenses, costs and interest expended or incurred by us

or a Receiver in connection with the preparation, execution, registration, stamping, enforcement or attempted enforcement or variation, release or discharge of this Agreement, any Bank Guarantee or any Security or the exercise of any Power under this Agreement or any Security including reasonable legal expenses;

d. interest which is due, owing and unpaid but which has been turned into principal under any Security;

e. interest payable on the Moneys Secured; andf. any fee or charge imposed or required by the Bank in giving a

Bank Guarantee.

“National Credit Code” – means the National Consumer Credit Protection Act 2009 (which includes the National Credit Code) and the National Consumer Credit Protection Regulations 2010. “Other Monies Owing” - means any interest on the Amount Paid and any cost, charges, fees or expenses that become due, owing or payable to us by you under this Bank Guarantee Facility.“Powers” or “Power” - includes any right, power, authority, benefit or remedy of ours under:

a. this Agreement; orb. Legislation.

“Receiver” - means any receiver or receiver and manager.“Security” - includes this Agreement, any other Deed, mortgage, encumbrance, charge or lien granted or required to be granted by the Applicant or any other person to secure the payment of the Moneys Secured or any part of them or the performance of any obligation arising under an Agreement, and “Securities” has a corresponding meaning.“Term Deposit” - means:

a. the Term Deposit specified on Page 3 of this Application and any moneys deposited to or standing to the credit of the Term Deposit specified on Page 3 of this Application from time to time;

b. all interest accrued on the Term Deposit;c. any Term Deposit in substitution for or renewal of the Term

Deposits referred to in paragraphs (a) and (b);d. all rights and privileges of the Applicant in respect of the Term

Deposit referred to in paragraphs (a), (b) and (c); ande. any other deposit the Applicant has with the Bank;

“We”, “our”, “us” or “Suncorp Bank” means Suncorp-Metway Ltd ABN 66 010 831 722.“You” – means the person, company and or trust as specified in this Application.

Application for Bank Guarantee Secured solely by a Suncorp Term … · 2020-03-26 · Application...

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