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  • AU-1.5 AU-1.5 Definition of Financial Instruments

    For the purposes of Volume 4, a financial instrument means any of the following:

    Amended: July 2007

    • Transferable Securities

      • AU-1.5.1

        Those classes of securities which are negotiable, with the exception of instruments of payment. Transferable securities include:

        (a) Shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares;
        (b) Bonds or other forms of securitised debt, including depositary receipts in respect of such securities;
        (c) Warrants;
        (d) Any other securities giving the right to acquire or sell any such transferable securities or giving rise to a cash settlement determined by reference to transferable securities, currencies, interest rates or yields, commodities or other indices or measures.
        Amended: July 2007

    • Islamic Financial Instruments

      • AU-1.5.2

        Those financial instruments — as defined elsewhere in Section AU-1.5 — that are shari'a compliant.

        Amended: July 2007

    • Money-market Instruments

      • AU-1.5.3

        Those classes of instruments which are normally dealt in on the money market, such as treasury bills and commercial papers and excluding instruments of payment.

    • Holdings in Collective Investment Undertakings

      • AU-1.5.4

        Rights or interests (however described) of the participants in a collective investment undertaking.

        Amended: July 2007

    • Derivative Contracts other than Commodity Derivatives

      • AU-1.5.5

        Options, futures, forwards, swaps, forward rate agreements and any other derivative contracts relating to securities, currencies, interest rates or yields, or other derivative instruments, financial indices or financial measures which may be settled physically or in cash.

    • Derivative Contracts relating to Commodities Settled in Cash

      • AU-1.5.6

        Options, futures, swaps, forward rate agreements and any other derivative contracts relating to commodities that must be settled in cash or may be settled in cash at the option of one of the parties (otherwise than by reason of a default or other termination event).

    • Derivative Contracts Relating to Commodities

      • AU-1.5.7

        Options, futures, swaps, and any other derivative contract relating to commodities that can be physically settled.

      • AU-1.5.8

        Options, futures, swaps, forwards and any other derivative contracts relating to commodities, that can be physically settled not otherwise mentioned in Rule AU-1.5.7 above and not being for commercial purposes, which have the characteristics of other derivative financial instruments.

        Amended: July 2007

    • Credit Derivatives

      • AU-1.5.9

        Over the counter derivative instruments, which provide for the transfer of credit risk.

    • Financial Contracts for Differences

      • AU-1.5.10

        Comprise rights under a contract for differences, or any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss by reference to fluctuations in:

        (a) The value or price of investment or property of any description;
        (b) Any currency;
        (c) The rate of interest in any currency or any index of such rates (including interest rate options);
        (d) The level of any index which is derived for the prices of an investment or physical commodity (including index options); or
        (e) Any combination of the above.
        Amended: July 2007

      • AU-1.5.11

        The following are excluded from this definition of contracts for differences:

        (a) Contracts where the parties intend that the profit is to be secured or the loss to be avoided by taking delivery of property; and
        (b) Contracts under which money is received by way of deposit on terms that any return to be paid on the sum deposited will be calculated by reference to an index, interest rate, exchange rate or other factor.
        Amended: July 2007

    • Other Derivative Contracts

      • AU-1.5.12

        Options, futures, swaps, forward rate agreements and any other derivative contracts relating to climatic variables, freight rates, emission allowances or inflation rates or other official economic statistics that must be settled in cash or may be settled in cash at the option of one of the parties (otherwise than by reason of a default or other termination event), as well as any other derivative contracts relating to assets, rights, obligations, indices and measures not otherwise mentioned in this Section, which have the characteristics of other derivative financial instruments.

    • Interests in Real Estate Property

      • AU-1.5.13

        Any financial instrument giving right to or interests in real estate property other than owner occupied properties. This excludes the taking of charges over real estate property.

    • Certificates Representing Certain Securities

      • AU-1.5.14

        Certificates or other instruments which confer contractual or property rights:

        (a) In respect of any investment held by someone other than the person on whom the rights are conferred by the certificate or other instrument; and
        (b) The transfer of which may be effected without requiring the consent of that person.
        Amended: July 2007

    • Rights or Interests in Financial Instruments

      • AU-1.5.15

        Rights to or interests in all financial instruments under section AU-1.5.