Financial Services Guide
Gerling & Company Pty Ltd
A.B.N. 80 078 111 654
Australian Financial Services Licence No. 218 770
This Financial Services Guide (FSG) dated 1st December 2015 is provided to you by Gerling & Company Pty Ltd to inform you of
the financial services provided by us and to comply with our obligations as the holder of an Australian Financial Services Licence (AFSL No 218 770). The
client’s attention is specifically drawn to the following matters:
- This FSG is designed to assist the client in deciding whether to use any of the services offered in this FSG;
- This FSG contains information about remuneration that may be paid to Gerling & Company Pty Ltd and other relevant persons in relation to the services offered; and
- This FSG contains information on how complaints against Gerling & Company Pty Ltd are dealt with.
This FSG also contains information about:
- The entity providing the financial services
- How instructions can be provided by the client
- Any conflict of interest
In certain situations, the client may receive, in addition to this Financial Services Guide, a Product Disclosure Statement (PDS).
THE PROVIDING ENTITY ONLY GIVES GENERAL ADVICE. GENERAL ADVICE IS DEFINED AS FINANCIAL PRODUCT ADVICE WHICH IS NOT PERSONAL ADVICE. IN PROVIDING THE GENERAL ADVICE THE CLIENT’S PERSONAL FINANCIAL SITUATION, OBJECTIVES AND NEEDS (INCLUDING ATTITUDE TO RISK) HAVE NOT BEEN CONSIDERED BY THE PROVIDING ENTITY. FURTHERMORE, NO CLIENT SHOULD EXPECT THE PROVIDING ENTITY TO HAVE CONSIDERED SUCH MATTERS. THE CLIENT IS ENCOURAGED TO SEEK PERSONAL ADVICE FROM A LICENCED FINANCIAL ADVISOR BEFORE USING ANY SERVICES OR PRODUCTS FROM THE PROVIDING ENTITY.
1. OVERVIEW OF GERLING & CO Pty Ltd
Gerling & Company Pty Ltd is the entity providing financial services to wholesale and retail clients. The company can be contacted in the following way:
Gerling & Company Pty Ltd
8/178 Willoughby Road
Crows Nest NSW 2065
Tel: 02 9484 2312
Mob: 0410 692 943
Gerling & Company Pty Ltd is the holder of an Australian Financial Services Licence (AFSL) issued by the Australian Securities and Investments Commission (ASIC). Gerling & Company Pty Ltd was formed in 1997 and began trading upon the successful application of a Licence (formally known as a Futures Brokers Licence).
Gerling & Company Pty Limited is a company structured to provide advisory and dealing services in derivatives and securities and also offers market education to the independent trader. It is a firm dedicated to providing a full range of services to meet the needs of clients in financial markets, including derivatives and equities. Gerling & Company Pty Ltd has spent many years developing and refining its trading methodology.
Gerling & Company Pty Ltd caters to the experienced investor with a streamlined no-fuss service in addition to developing the knowledge and confidence of less experienced investors and assists them to enter the markets at their own pace. Our main aim is to assist our clients to achieve their investment and trading plans by providing a comprehensive range of dealing and advisory services.
Claus M. Gerling is the Managing Director and shareholder of Gerling & Company Pty Ltd. He holds a MBA and a Ph.D. of the University of Cologne, Germany. Dr. Gerling started his career in 1985 with a major Australian Stockbroker in London. In 1990, he took a position as an institutional Client Advisor with a major French Stockbroker in Paris. During all this time, he actively traded international shares, foreign exchange and futures for his own account. He became more and more interested in futures trading and finally left his stock broking career to found Gerling & Cie., an Introducing Broker, in 1992. His Paris based company specialised in providing trading advice and order execution through a London based clearing broker to private Clients covering the major European and American Futures markets. During that time, he developed and refined a medium term, trend following diversified technical futures trading system. Dr. Gerling moved to Sydney in 1996 where he further refined his trading program and tested it real time through trading his own funds. Ever since he has traded his own account and provided advisory and dealing services to private clients in Australia. He follows domestic and international markets on a daily basis and has a broad trading and investing experience in Australian and International shares, contracts of difference, financial and commodity futures and margin foreign exchange. He combines fundamental and technical analysis to confirm investment ideas and applies rigorous money management and position sizing strategies to achieve positive investment outcomes for his clients.
2. FINANCIAL SERVICES AND FINANCIAL PRODUCTS
A. FINANCIAL SERVICES
Gerling & Company Pty Ltd is the holder of an Australian Financial Services Licence (No. 218 770) and is authorised to offer the following financial services:
- Provide Financial Product Advice
- Deal in the Financial Products listed below.
Gerling & Company Pty Ltd is licensed to provide General and Personal Advice, both to Retail and Wholesale Clients. However, Gerling & Company Pty Ltd will only provide general advice.
B. FINANCIAL PRODUCTS
Gerling & Company Pty Ltd provides advice and dealing services in Securities, Derivatives, Basic Deposit Products, Foreign Exchange Contracts and Interests in Managed Investment Schemes limited to Own Managed Investment Scheme only.
C. DETAILS OF FINANCIAL SERVICES PROVIDED
Gerling & Company Pty Ltd financial services include the following:
- Educational seminars, workshops and a Home Study Course covering trading strategies in derivatives and securities.
- Dealing in derivatives and securities on a non-discretionary basis. In this respect, we provide general investment advice based on a series of fundamental and technical trading systems. The advice (recommendation) is provided through our website whereby the client can download the recommendations.
Through our partners we provide you with an online trading platform where you can enter orders on your account. We can accept your orders for implementing any trading strategies and arrange for those orders to be executed in the market through suitable financial intermediaries.
Gerling & Company Pty Ltd provides the above financial services in the following kinds of financial products:
- Securities, e.g. shares in companies, traded either on a domestic or international stock exchange; and
- Derivatives, e.g. futures contracts, options on futures contracts, contracts for difference or options on shares in companies, traded either on a domestic or international futures or stock exchange.
When providing these services and products, Gerling & Company Pty Ltd acts as principal and is not a representative or contractor of another licensee.
It will, however, from time to time outsource some tasks such as marketing, execution and clearing the financial products. Gerling & Company Pty Ltd does not hold clients monies and does not operate omnibus accounts for the dealings of its clients. Gerling & Company Pty Ltd appoints authorized representatives, either as employees or contractors to act on its behalf.
Investing in the financial markets and financial products is not free of risk. In fact, trading in securities and derivatives incurs the
risk of loss as well as the prospect of profit. You should therefore carefully consider whether such financial products are appropriate for you in the light of your financial circumstances. A further detailed explanation of the risks associated with trading derivatives is set out in a Product Disclosure Statement.
4. FEE STRUCTURE
A. FEES AND COMMISSIONS WHICH GERLING & COMPANY PTY LTD RECEIVE
Seminars and Workshops
For the provision of educational services a fee is charged. This fee is charged either directly by Gerling & Company Pty Ltd or by a marketing firm engaged for the distribution of such services. Gerling & Company Pty Ltd share in the cost of the educational services provided and participates in the net profits after costs.
Non Discretionary Accounts
With regard to the advice and dealing services provided to a client who operates a non-discretionary account in securities and/or derivatives, the clearing / executing broker holding the clients monies will charge the client a commission.
With respect to securities and contract for difference transactions, the commission rate is a variable, negotiable percentage of the consideration (or a fixed minimum amount).
With respect to futures and options on futures transactions, the commission is calculated as a variable, negotiable fixed dollar amount (usually quoted in US Dollars or foreign currency equivalent) on a per contract basis and charged to the client’s account per ‘half turn’ (i.e. entry and exit). Gerling & Company Pty Ltd does not participate in the commission charged by the clearing / executing broker. For providing advisory services Gerling & Company Pty Ltd receives a fixed rate fee or a variable fee calculated as a percentage of funds under management as agreed from time to time with the client. The benefits are either paid directly by the client or charged to the client’s trading account by the clearing broker and paid into Gerling & Company’s account at the end of a trading month. No other benefits, either direct or indirect, are paid to the providing entity or a director or employee of the providing entity or any associate above.
Goods and Services Tax
Any supply, which is subject to the Goods and Services Tax, will be the responsibility of the Client.
Changes of Fees or Expenses
Should there be a change in the fees or expenses, Gerling & Company Pty Ltd will provide one-month prior notice, in writing, of any such changes.
B. REMUNERATION RECEIVED BY DIRECTORS AND EMPLOYEES
Directors and employees of Gerling & Company Pty Ltd are remunerated by way of salary and/or a percentage of the seminar fees or advisory fees charged to the client.
C. PAYMENT TO THIRD PARTIES
Gerling & Company Pty Ltd reserves the right to distribute part of the fees received to other entities for marketing services and sales efforts provided.
HOW YOU CAN INSTRUCT US
Instructions can be provided by the client to Gerling & Company Pty Ltd by normal mail, telephone, fax, email or an online trading platform.
POTENTIAL CONFLICT OF INTEREST
As Gerling & Company may, at any time, be trading accounts for many clients in similar ways, it is possible that the orders of a client may be executed with orders of other clients. Although an endeavour will be made to ensure the equitable treatment of all accounts and the resolution of any potential conflict, no guarantee can be given regarding the resolution of such conflicts.
Gerling & Company and its directors, employees and shareholders may trade the same financial products as the clients and may take the opposite or the same position as their clients. In addition, the clearing / executing broker may take the opposite or the same positions as the clients. Neither the records of Gerling & Company nor of its director and shareholder will be available for inspection by the client.
6. ASSOCIATIONS & RELATIONSHIPS
RELATIONSHIP WITH CLEARING / EXECUTING BROKER
Gerling & Company Pty Ltd has established a relationship with Interactive Brokers Group, Inc, Greenwich, CT, (IB) for clients to open an account and recommend to clients that they open an account with Interactive Brokers. However, clients may establish an account with any other broker of their choice.
The relationship that Gerling & Company Pty Ltd has with Interactive Brokers does not, in any way, influence Gerling & Company Pty Ltd in the provision of financial services to its clients.
Gerling & Company does not have any associated companies. It has commercial relationships with outside parties such as marketing companies, contractors and executing / clearing brokers. It will receive part of the fees and considerations paid by the client to outside parties or retrocede part of fees and considerations paid by the client to Gerling & Company to employees or contractors. As Gerling & Company Pty Ltd is not paid a commission the company does not benefit from a high activity level of the client thus minimising any potential conflicts of interest.
7. COMPLAINTS, DISPUTE RESOLUTION AND COMPENSATION ARRANGEMENTS
The regulations require financial services licensees to have internal and external dispute resolution procedures to resolve complaints from clients who receive financial services or acquire financial products.
We want to know about any problems you may have with our advice or service so we can take steps to resolve the issue.
All complaints will be properly handled and investigated promptly. Should you still feel dissatisfied with the outcome, you have the ability to escalate your concerns to an external body for a resolution.
Gerling & Company Pty Ltd does have internal dispute resolution procedures that generally meet the essential elements of Australian Standard 4269-1995 and other minimum requirements set out in ASIC Regulatory Guide RG 165 (Licensing: Internal and external dispute resolution). A copy of these procedures may be obtained by contacting Gerling & Company Pty Ltd.
Furthermore, Gerling & Company Pty Ltd is a member of the Financial Ombudsman Service (FOS), which is an approved external dispute resolution scheme that can deal with complaints about all of the financial services Gerling & Company Pty Ltd provides to Retail Clients under its Australian Financial Services Licence.
If you have a complaint about the financial services provided to you, please contact Dr. Claus Gerling to inform us about your complaint. You may do this by telephone, facsimile, email or letter (refer Section 2 – Contact Details).
If you are dissatisfied with the outcome, you have the right to complain to FOS in writing at: GPO Box 3, Melbourne VIC 3001, telephone 1 800 367 287, fax 03 9613 6399, email email@example.com. Gerling & Company Pty Ltd is a member of this complaints resolution scheme.
You can contact ASIC on 1300 300 630 where you can make a complaint and obtain information about your rights.
Gerling & Company Pty Ltd has professional indemnity (“PI”) insurance arrangements in place as required under s921B of the Corporations Act 2001. Our PI Insurance takes into account the nature and volume of our business, the number and kind of our clients, our representative and the maximum potential extent of liability. Our PI insurance also covers claims in relation to conduct of representatives / employees who no longer work for the licensee but who did at the time of the relevant conduct.