Document ID: chunk:federal_register_of_legislation:F2024C01107:body:0:p13
Version: federal_register_of_legislation:F2024C01107
Segment Type: other
Provision Reference: 
Character Range: 34741–37641

extent that those funds relate to an open position;
(f)        a deposit with a third party clearing organisation;
(g)       a Related/Associated Person Balance to the extent the balance is not secured by collateral which is:
(i)         Liquid;
(ii)       under the control of the Market Participant, able to be accessed by the Market Participant without the approval of a third party and not otherwise encumbered;
(iii)     evidenced in writing by a legally binding agreement between the Market Participant and the Related/Associated Person in circumstances where the Market Participant has established that the Related/Associated Person and the persons signing the agreement have the legal capacity to enter into the agreement and provide the nominated collateral; and
(iv)      valued at the mark-to-market value;

(h)       a debt which was reported or created more than 31 days previously, other than a debt:

(i)         from another Market Participant that is not a Related/Associated Person; or

(ii)       which is secured by collateral which is Liquid, evidenced in writing and valued at the mark-to-market value;

(i)         a prepayment (being an expense which has been paid during one accounting period for a term which extends beyond the end of that period) which is not Liquid or which is Liquid but has been made in respect of an item of expenditure that is specifically required to be made by the Market Participant for the Market Participant to comply with the requirements of these Rules or the operating rules of a Market;

(j)         an asset which is not Liquid; or

(k)       an asset which is Liquid but which has a charge against it (in whole or in part) where the purpose of the charge is to raise funds for use outside the ordinary course of the Market Participant's securities or derivatives business.

Excluded Liability means the maximum liability specified in a guarantee or indemnity under paragraph S1A.2.6(1)(c).
Family Trust means a trust in which:
(a)        the person or the Immediate Family of the person is the sole or majority beneficiary; or
(b)       the person has the ability to remove the trustee of the trust and replace that trustee with his or her own nominee.
FEX means FEX Global Pty Ltd (ACN 124 127 224).
FEX Market means the financial market operated by FEX under Australian Market Licence (FEX Global Pty Ltd) 2013.

Financial Asset and Liability Revaluation Reserves means revaluation reserves relating to financial assets and financial liabilities revalued at fair value through other comprehensive income as defined in accordance with accounting standards which are generally accepted in Australia or other accounting standards approved by ASIC under subrule S1A.2.7(3).

Financial Instrument means:

(a)        an Equity;

(b)       a Debt Instrument; and

(c)        a Derivative.

Foreign Exchange includes foreign currency and gold but