APPENDIX I - AUSTRALIA
“Wholesale Client”
A “wholesale client” within the meaning of Section 761G of the Corporations Act 2001, includes:
(i) the holder of an AFS licence;
(ii) a body regulated by the Australian Prudential Regulation Authority, other than a trustee of any of the following (within the meaning of the Superannuation Industry (Supervision) Act 1993): superannuation fund, approved deposit fund, pooled superannuation trust or public sector superannuation scheme, such as an insurance company;
(iii) a registered entity within the meaning of the Financial Sector (Collection of Data) Act 2001;
(iv) a trustee of a superannuation fund, an approved deposit fund, a pooled superannuation trust or a public sector superannuation scheme within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth) and the fund, trust or scheme has net assets of at least AU$10 million;
(v) a person that controls at least AU$10 million (including any amount held by an associate or under a trust that the person manages);
(vi) a listed entity, or a related body corporate of a listed entity;
(vii) an exempt public authority;
(viii) a body corporate or an unincorporated body that carries on a business of investment in financial products, interests in land or other investments and, for those purposes,
invests funds received (directly or indirectly) following an offer or invitation to the public (within the meaning of the Corporations Act);
(iv) a foreign entity that, if established or incorporated in Australia, would be covered by i to viii above; or
(x) a person who has a certificate from a qualified accountant that states that the person has net assets of at least AU$2.5 million or has a gross income for each of the past two
financial years of at least AU$250,000.
APPENDIX II – HONG KONG
“Professional Investor”
Extract of the definition of “professional investor” from section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap. 571 of the Laws of Hong Kong) “professional investor (專業投資者) means –
(a) any recognized exchange company, recognized clearing house, recognized exchange controller or recognized investor compensation company, or any person authorized to
provide automated trading services under section 95(2) of this Ordinance;
(b) any intermediary, or any other person carrying on the business of the provision of investment services and regulated under the law of any place outside Hong Kong;
(c) any authorized financial institution, or any bank which is not an authorized financial institution but is regulated under the law of any place outside Hong Kong;
(d) any insurer authorized under the Insurance Ordinance (Cap. 41), or any other person carrying on insurance business and regulated under the law of any place outside Hong
Kong; (Amended 12 of 2015 s. 144)
(e) any scheme which—
(i) is a collective investment scheme authorized under section 104 of this Ordinance; or
(ii) is similarly constituted under the law of any place outside Hong Kong and, if it is regulated under the law of such place, is permitted to be operated under the law of such place, or any person by whom any such scheme is operated;
(f) any registered scheme as defined in section 2(1) of the Mandatory Provident Fund Schemes Ordinance (Cap. 485), or its constituent fund as defined in section 2 of the Mandatory Provident Fund Schemes (General) Regulation (Cap. 485 sub. leg. A), or any person who, in relation to any such registered scheme, is an approved trustee or service provider as defined in section 2(1) of that Ordinance or who is an investment manager of any such registered scheme or constituent fund;
(g) any scheme which—
(i) is a registered scheme as defined in section 2(1) of the Occupational Retirement Schemes Ordinance (Cap. 426); or
(ii) is an offshore scheme as defined in section 2(1) of that Ordinance and, if it is regulated under the law of the place in which it is domiciled, is permitted to be operated under the law of such place, or any person who, in relation to any such scheme, is an administrator as defined in section 2(1) of that Ordinance;
(h) any government (other than a municipal government authority), any institution which performs the functions of a central bank, or any multilateral agency;
(i) except for the purposes of Schedule 5 to this Ordinance, any corporation which is—
(i) a wholly owned subsidiary of—
(A) an intermediary, or any other person carrying on the business of the provision of investment services and regulated under the law of any place
outside Hong Kong; or
(B) an authorized financial institution, or any bank which is not an authorized financial institution but is regulated under the law of any place
outside Hong Kong;
(ii) a holding company which holds all the issued share capital of—
(A) an intermediary, or any other person carrying on the business of the provision of investment services and regulated under the law of any place outside Hong Kong; or
(B) an authorized financial institution, or any bank which is not an authorized financial institution but is regulated under the law of any place outside Hong Kong; or
(iii) any other wholly owned subsidiary of a holding company referred to in subparagraph (ii); or
(j) any person of a class which is prescribed by rules made under section 397 of this Ordinance for the purposes of this paragraph as within the meaning of this definition for the purposes of the provisions of this Ordinance, or to the extent that it is prescribed by rules so made as within the meaning of this definition for the purposes of any provision of this Ordinance.”