ICE FUTURES EUROPE MEMBERSHIP APPLICATION FORM Please complete and return to: ICE Futures Europe Membership Department ICE Futures Europe 5th Floor, Milton Gate 60 Chiswell Street London, EC1Y 4SA United Kingdom If you have any questions regarding this application form please contact: Ann Carroll +44 (0)20 7065 7737 ann.carroll@theice.com or Narinder Nijher +44 (0)20 7065 7740 narinder.johal@theice.com ICE Futures Europe – Application Form Ref: M05_011012 www.theice.com 1. APPLICATION DETAILS Legal name of Applicant: Registered address: Mailing address: (if different) Address in England for service of notices: (if different) Telephone no. (including country code) Fax no. (including country code) Website address: Name, address and position of person responsible for processing application: Telephone no. (including country code) Fax no. (including country code) E-mail address: Please tick class of membership applied for: GENERAL PARTICIPANT GENERAL PARTICIPANT ICE BLOCK BROKER: BLOCK TRADE CONTRACTS AND EFMS ONLY TRADE PARTICIPANT INDIVIDUAL PARTICIPANT GENERAL PARTICIPANT ICE BLOCK BROKER: EFPs AND EFSs ONLY GENERAL PARTICIPANT ICE BLOCK BROKER: BLOCK TRADE CONTRACTS, EFPs, EFSs AND EFMs Please tick clearing status as appropriate: CLEARING ICE Futures Europe - Application Form Ref: M05_011012 NON CLEARING www.theice.com 2. COMPANY INFORMATION 2.1 Certificate of Incorporation, Memorandum and Articles of Association If applying for General or Trade Participant category of membership (or in the case of an application for the Individual Participant category of membership where the Applicant is a company) please provide: a) A copy of the Certificate of Incorporation (or local equivalent*) and a Certificate of Incorporation on Change of Name (or local equivalent*) if applicable; b) A copy of the Memorandum and Articles of Association (or local equivalent*). (*please provide an English translation if applicable, certified by the Company Secretary or Head of Legal) 2.2 Corporate Structure and Key Personnel Please provide the following: a) A group organisation chart (if applicable), and/or an organisation chart detailing all staff to be involved in ICE Futures Europe operations. b) A list of Directors; c) Details of Key Personnel, Emergency Contacts and a generic e-mail address for receipt of Exchange Circulars by completing Appendices A and B; d) Names of and proof of identity for any shareholders directly or indirectly owning or controlling more than 25% of the Company (“Beneficial Owners”) by completing Appendix C. 2.3 Business and Financial Information a) Please answer the following questions by providing details in the spaces provided and by ticking YES or NO. (i) What is the nature of your business? (ii) Are you currently trading/broking ICE products? YES (If yes, please give details of products currently traded in the space below) (iii) How are you accessing the markets? (iv) What is the type and quantity of your trading/broking? (v) Please state which clearing firm(s) you currently use for ICE Futures Europe business. ICE Futures Europe - Application Form Ref: M05_011012 NO www.theice.com (vi) Will you be trading proprietary business (for your own account or the account of a company within your corporate group)? YES NO (vii) Will you be acting on behalf of clients? YES NO b) In the space below (or attached to the Application on a separate sheet) please provide: Your reasons for wishing to become a Member Details of relevant experience and expertise the Applicant’s staff have had in the industry Any other relevant facts that the Applicant believes will be helpful in assisting the Exchange with this application c) Please submit with your application: d) The last 3 years’ annual audited accounts or, in the case of a new company, an audited opening balance sheet Please insert below: The date of the Company’s financial year-end (e.g. 31st December) Company registration number 2.4 Authorised Signatory List If applying for General Participant, General Participant ICE Block Broker: Block Trade Contracts and EFMs only, General Participant ICE Block Broker: EFPs and EFSs only, General Participant ICE Block Broker: Block Trade Contracts, EFPs, EFSs and EFMs, or Trade Participant category of membership (or in the case of an application for the Individual Participant category of membership where the Applicant is a company) please provide: A list of the company’s authorised signatories together with an explanation of the respective authorisations and signing procedure. This must include sample signatures for each individual listed. ICE Futures Europe - Application Form Ref: M05_011012 www.theice.com 3. INDIVIDUAL PARTICIPANT INFORMATION (ONLY TO BE COMPLETED BY AN APPLICANT SEEKING TO BECOME AN INDIVIDUAL PARTICIPANT) In respect of an application for the Individual Participant category of membership, please provide: a) Proof of identity (e.g. originals or certified copies of current signed passport/national identity card or UK photocard driving licence) b) 2 items providing proof of permanent residential address (e.g. originals or certified copies of UK photocard driving licence, 1 to be a bank statement, utility bill or local authority tax bill valid for the current year) c) Evidence of having gained at least 1 year’s experience as a trader on a futures exchange, or, of having passed the ICE Futures Europe Responsible Individual (“RI”) tutorial. In determining an applicant’s suitability for Individual Participant Membership, ICE Futures Europe will also have regard to: a) The individual’s knowledge and understanding of the products traded on the market and of the risks involved; b) The length of time the individual has been active in these markets and the frequency of the individual’s dealings in those markets; c) The size and nature of transactions that have been undertaken by the individual in these markets; d) The individual’s financial standing, which may include an assessment of his/her net worth or of the value of his/her portfolio. In determining an applicant’s suitability, ICE Futures Europe reserves the right to ask for such additional materials and documentation it considers appropriate. ICE Futures Europe - Application Form Ref: M05_011012 www.theice.com 4. REGULATORY STATUS It is a Member’s responsibility to ensure that the Member has the appropriate regulatory status in each jurisdiction in which the Member operates or plans to operate. If you have any questions, please contact your Compliance Officer for guidance. Details of ICE Futures Europe’s various jurisdictional approvals can be found at www.theice.com/publicdocs/futures_jurisdiction.pdf and should be consulted by the Member to ensure that there are no jurisdictional restrictions applicable to the Member’s proposed trading arrangements. 4.1 Confirmation of Regulator If the Applicant is regulated or authorised by the Financial Services Authority (“FSA”), please give full details below. If the FSA is not the Applicant’s lead regulator please give full details of the lead regulator. Regulatory Organisation Contact Name at Regulator Members Registered Company name Status and Regulator’s identification code/number Date of Admission (DD/MM/YY) If the Applicant is NOT regulated or authorised, below please either give the reasons for not being regulated or authorised as appropriate, or confirm that an application for authorisation (if applicable) has been made to the FSA or other regulatory body (attach evidence to the application). ICE Futures Europe - Application Form Ref: M05_011012 www.theice.com 4.2 (i) Jurisdictional Declarations (i) Please read the following carefully, and confirm the statements which apply to the organisation by ticking the relevant box(es) and (if applicable) providing an answer in the space provided below. a) I confirm that I have read and understood the relevant jurisdictional information contained in the document at www.theice.com/publicdocs/futures_jurisdiction.pdf, will continue to monitor changes to the document, and have obtained legal advice to confirm that the Company will not be acting in breach of any applicable legal or regulatory provisions, nor in a way that would bring ICE Futures Europe into disrepute with a Regulatory Authority or any third party. As an applicant incorporated or operating in, or intending to enter into, a broking, clearing or order routing arrangement with another party from, one of the following jurisdictions which has specific Member obligations Australia ICE Futures Europe Circular 10/016 Singapore ICE Futures Europe Circular 09/033 the Company proposes to comply with those obligations in the following manner: (Please describe proposed actions/systems/controls as necessary in the space below). b) Not Applicable By ticking the Not Applicable box above, I confirm that the organisation IS NOT incorporated in Australia or Singapore and intending to enter into a broking, clearing or order routing arrangement with another party from Australia or Singapore. (ii) Location of Order Entry Screens of Responsible Individuals A Member is required to provide details of the locations of all the screens where orders are entered and trades made on ICE’s electronic trading platform by a Responsible Individual registered with that Member and to ensure that ICE Futures Europe has an accurate and inclusive record of such locations throughout the period of membership. Pursuant to the Regulations, Members must provide accurate details of such locations and other related information upon request by ICE Futures Europe. Details of ICE Futures Europe’s various jurisdictional approvals can be found at www.theice.com/publicdocs/futures_jurisdiction.pdf and should be consulted by the Member to ensure that there are no jurisdictional restrictions applicable to the Member’s proposed trading arrangements. The jurisdictions document lists the jurisdictions in which ICE Futures Europe is permitted to grant access to the ICE Platform. It details restrictions of which the Exchange has been made aware. It does not constitute legal advice, nor should it be relied upon as such by any party, in any context. Prospective market participants should obtain their own legal, licensing and tax advice in relation to trading activities in the jurisdictions from which they propose to access the ICE Platform to trade ICE Futures Europe contracts. ICE Futures Europe - Application Form Ref: M05_011012 www.theice.com 5. EXCHANGE AND CLEARING HOUSE MEMBERSHIPS Please give full details of any futures and/or options Exchange or Clearing House in the UK or overseas which the Applicant is currently a member of. Exchange/Clearing House Class of membership Name and email address of contact at Exchange/Clearing House If the Applicant has ever applied to and has been rejected by, or has been expelled from any futures and/or options, securities or commodities exchange or clearing house in the UK or overseas please give full details. Please include the reasons for expulsion or why membership was denied. Exchange/ Clearing House Contact name at Exchange or Clearing House ICE Futures Europe - Application Form Ref: M05_011012 Class of membership Date of Application (DD/MM/YY) Reasons for rejection or expulsion www.theice.com 6. DISCIPLINARY MATTERS Please read each question fully, noting that the Applicant’s answers (indicated by a tick in the relevant column), should include the activities of all Directors and Senior Executives not authorised by the FSA in the case of a company’s application for the General or Trade or Individual Participant category of membership; further, in the event of an application for Individual Participant where the Applicant is not a Director or Senior Executive of the company, or alternatively where the Individual Participant is not a company, then responses should be provided in respect of the Applicant. YES* A. Has the Applicant ever been the subject of disciplinary procedures by the FSA (or its predecessors), an exchange or professional body, or Government body or agency in the UK or similar entity overseas? B. Is the Applicant currently aware of or currently under any special investigation by an auditor, self regulating or professional body, an exchange, FSA, government body or agency whether in the UK or overseas? C. Has the Applicant ever been convicted or found guilty in respect of any criminal offence, other than a minor traffic offence? D. Has the Applicant been the subject of a refusal or restriction to carry on trade, business or profession requiring a licence, registration or other authorisation? E. Has the Applicant ever been dismissed or requested to resign from any office or employment? F. Has the Applicant ever been, or is the Applicant currently concerned with the management of a corporate body which has been, or is currently the subject of an investigation into an allegation of misconduct or malpractice? G. Has the Applicant ever been, or is the Applicant currently the subject of, an investigation into an allegation of misconduct or malpractice? H. Has the Applicant ever been subject to an order of disqualification as a director? I. Has the Applicant ever been subject to an adverse finding in a civil action by any court of competent jurisdiction of fraud or other misconduct, whether in connection with the formation or management of a corporation or otherwise? J. Has the Applicant been a director, partner or concerned in the management of a company or partnership which has gone into insolvent liquidation (or the equivalent in any jurisdiction) whilst that person/body was connected with that company or partnership or within one year of such a connection? In the case of an application for Individual Participant class of membership, has the Applicant ever been adjudged bankrupt (or the equivalent) in any jurisdiction? NO K. Has the Applicant ever had any judgment against it by a court of competent jurisdiction? * If the answer to any of these questions is YES, please provide details on a separate sheet. Minor infringements need not be declared, but any disciplinary action involving Market or Client abuse in the last 5 years must be declared, as must any penalty in excess of $50,000 for whatever reason. ICE Futures Europe - Application Form Ref: M05_011012 www.theice.com 7. 60/40 TAX TREATMENT (ONLY TO BE COMPLETED BY APPLICANTS BASED IN THE UNITED STATES OF AMERICA) For completion in relation to the designation by the US Internal Revenue Service (“IRS”) of ICE Futures Europe as a “qualified board or exchange” within the meaning of § 1256(g)(7)(C) of the US Internal Revenue Code. The applicant is requested to provide confirmation of its United States Tax Identification Number (if any): 8. US JURISDICTIONAL QUESTIONS (TO BE COMPLETED BY ALL APPLICANTS) By a letter dated 12 November 1999, the Commodity Futures Trading Commission (“the CFTC”) granted the Exchange no action relief from a Contract Market Designation Requirement under Sections 5 and 5.a of the Commodity Exchange Act (“the CEA”) (“the No Action Relief”). In accordance with the terms of the No Action Relief, ICE Futures Europe is required to obtain representations on behalf of its Members trading on behalf of a Foreign futures or options customer (as defined in Part 30.1 of the CEA). Therefore, the applicant is required to complete the following as appropriate: a) Please consider the questions below and provide responses by ticking response/providing information as appropriate. 1. 2. Question Does the Applicant undertake, with respect to a Foreign futures or foreign options customer (as defined in Part 30.1 of the CFR), any of those activities referenced in Part 30.4 of the CFR in accordance with an exemption granted by the CFTC under Part 30.5 of the CFR? Response Yes Is the Applicant registered with the CFTC as an FCM? Yes No No 3. 4. 5. Does the Applicant undertake business on behalf of a Foreign futures or foreign options customer (as defined in Part 30.1 of the CFR) through its registered FCM? Does the Applicant undertake business on behalf of a Foreign futures or foreign options customer (as defined in Part 30.1 of the CFR) in accordance with an exemption granted by the CFTC under part 30.10 of the CFR? Does the Applicant undertake business on behalf of a Foreign futures or foreign options customer (as defined in Part 30.1 of the CFR) other than as, or through, an FCM, or in accordance with an exemption granted by the CFTC under Part 30.10 of the CFR? Requirement Please confirm below/under separate cover the identity of the FCM or foreign broker who has received confirmation of an exemption granted by the CFTC under Part 30.10 of the CFR with whom you will engage in all transaction subject to regulation under Part 30 of the CFR. Go to Question 2. Confirmation of NFA registration number: Go to Question 3. Yes No Go to Question 4. Yes Complete the representation form found at 8. b) and provide relevant supporting documentation when returning the complete application form. No Go to Question 5. Yes Please confirm under separate cover the legal basis for such business undertaken. No NOTE: If you answered ‘No’ to questions 1-5 above, you are not required to sign the representation form at 8.b) on the following page. b) ICE Futures Europe – 30.10 Member Representations ICE Futures Europe - Application Form Ref: M05_011012 www.theice.com In accordance with the terms of the No Action Relief, ICE Futures Europe Members trading on behalf of a Foreign futures or options customer (as defined in Part 30.1 of the CEA), in accordance with an exemption granted by the CFTC from Part 30.10 of the CEA (“30.10 Members”), when trading ICE Futures Europe Contracts, are required to make certain representations to be applicable for as long as such 30.10 Member trades on the Exchange. Therefore, in the event that the applicant trades on behalf of a Foreign futures or options customer (as defined in Part 30.1 of the CEA), in accordance with an exemption granted by the CFTC from Part 30.10 of the CEA (“30.10 Members”), when trading ICE Futures Europe Contracts, the applicant is required to represent that, for as long as it operates pursuant to the No Action Relief, and in keeping with representations previously made by the applicant to the CFTC as part of the petition process it completed to gain exemption under Part 30.10, that: it shall submit to the jurisdiction of the CFTC with respect to its activities conducted pursuant to the No Action Relief; and, it shall provide, upon the request of the CFTC, the United States Department of Justice, and, if appropriate, the National Futures Association, prompt access to original books and records it maintains, at offices in the United States, as well as access to premises in the United States where its Foreign futures or options customers might order route from the United States. Signed on behalf of (the Applicant): By: Name: Position: Date: Further, the applicant confirms that it has appointed: (Agent for Service details) as its agent for service (“Agent for Service”) of process in the United States, authorised to accept delivery and service of any summons, complaint, order, subpoena, request for information, or notice of any other written or electronic documentation or correspondence issued by or on behalf of the CFTC. ICE Futures Europe - Application Form Ref: M05_011012 www.theice.com 9. CLEARING ARRANGEMENTS* *Not necessary if applying for General Participant ICE Block Broker Membership. Please confirm below the name of the clearing Member who will provide clearing services for the Applicant if appropriate and also attach with your application written confirmation from the clearer that this has been agreed. 10. OPERATIONAL DETAILS* *Not necessary if applying for General Participant ICE Block Broker Membership. The ICE Futures Europe Regulations state that a Member must ensure that relevant Directors and staff are fit and proper, adequately trained and properly supervised with well defined procedures for compliance with the ICE Futures Europe Regulations, as appropriate. Whilst not obligatory, it is recommended that the relevant staff also attend the Introduction to ICE Futures Europe & ICE Clear Europe course. Details can be found here: https://www.theice.com/education_course_detail.jhtml?cid=1000 a) Applicants applying for Membership with clearing status must demonstrate that: (i) At least 2 of their back office have a minimum of 3 years experience working in a relevant back office environment. Whilst not obligatory, it is recommended that relevant staff also attend the Introduction to ICE Futures Europe course. b) Applicants applying for non clearing status who do not intend to have ICE Post Trade and Cleaing Systems (the “ICE Systems”) must provide written confirmation from the Member with whom the applicant has (or will have) a clearing arrangement, that such Member will perform such functions on behalf of the non clearing Member at Section 9 of this application. Please tick YES or NO where applicable below: Will have own ICE Systems and at least 2 staff have the requisite working experience YES NO Will have own ICE Systems and requires training YES NO Clearer will perform all necessary ICE Systems functions on behalf of the Applicant YES NO ICE Futures Europe and ICE Clear Europe require Members to have a 3 letter mnemonic for trading purposes. Please provide below 3 three letter mnemonics e.g. ABC, DEF, GHI, ranked in order of preference. 1 2 3 ICE Futures Europe - Application Form Ref: M05_011012 www.theice.com 11. SYSTEM DETAILS Which front end application(s) or order routing system does the Applicant intend to use? (Any such Independent Software Vendor must have a current conformance certificate issued by the ICE Futures Europe.) Please tick YES or NO below. WebICE YES NO Own API YES NO Third Party Software YES NO If yes to any of the above, please give details below. If you have ticked YES for WebICE, please state if training is required. Compatible front end systems are listed here: https://www.theice.com/isv.jhtml The Applicant must be prepared to demonstrate that it has adequate risk management systems commensurate with its proposed membership class. Application Fees Participant Member Application Fee Emissions Application Fee General Participant $4,500 €2,500 Trade Participant $4,500 €2,500 Individual Participant $800 N/A Participant Member Annual Subscription (excl. Emissions Trading Privilege) Emissions Trading Privilege Annual Subscription General Participant $11,500 €2,500 Trade Participant $4,500 €2,500 Individual Participant $600 N/A Annual Membership Fees Please note that if a Member wishes to trade all ICE Futures Europe Contracts (including ICE Futures ECX EUA Futures and ICE Futures ECX CER Futures Contracts) they will be required to pay the Membership Annual Subscription plus the Emissions Trading Privilege Annual Subscription. Successful General and Trade Participant Applicants will also be required to pay a one-off Application Fee of $4,500 and an additional Application Fee of €2,500 for Emissions as above. ICE Futures Europe - Application Form Ref: M05_011012 www.theice.com 12. TRADING PERMISSIONS There are a number of Contracts available for trading on ICE’s electronic trading platform by ICE Futures Europe Members. The various Contracts are listed below in the combination in which they might be traded. At present there are effectively five sets of Contracts which might be traded either in combination or separately. Please indicate below the set of ICE Futures Europe Contracts which you elect to trade. There will be different application and annual fees payable by Members in respect of their elected ICE Futures Europe Contract sets. Permissions Required (indicate with ) ICE Futures Europe Contract Sets ICE Futures Europe Contracts ICE Brent Futures ICE Brent Options ICE Gasoil Futures ICE Gasoil Options Oil Contracts ICE Low Sulphur Gasoil Futures ICE Low Sulphur Gasoil Options ICE WTI Futures ICE WTI Options ICE Heating Oil Futures ICE RBOB Gasoline Futures ICE Middle East Sour Crude Futures ICE ASCI Futures ICE ASCI Differential Futures ICE UK Natural Gas Futures ICE UK Natural Gas Options ICE UK Base Electricity Futures Utility Contracts ICE UK Peak Electricity Futures ICE TTF Natural Gas Futures ICE TTF Natural Gas Options ICE NCG Natural Gas Futures ICE GASPOOL Natural Gas Futures ICE Rotterdam Coal Futures ICE Richards Bay Coal Futures ICE gC Newcastle Coal Futures Coal Contracts ICE gC Newcastle Coal Options ICE Appalachian Coal Futures ICE CSX Coal Futures ICE Powder River Basin Coal Futures ICE FOB Coal Futures ICE ECX EUA Futures ICE ECX CER Futures ICE ECX EUA Options Emissions Contracts ICE ECX CER Options ICE ECX ERU Futures ICE ECX EUA Daily Futures ICE ECX CER Daily Futures Swap Futures Contracts ICE Futures Europe - Application Form Ref: M05_011012 Cleared OTC energy swaps and options products (Global Crude and Refined Products, Freight, Iron Ore and Natural Gas Liquids) transitioned to ICE Futures Europe futures contracts. www.theice.com 13. MEMBER STATEMENT This statement is made in support of my/the Applicant company’s1 (“the Applicant” or “it” in this statement, whether referring to me or a company) application for membership of ICE Futures Europe (“the Exchange”) and is made by me on behalf of the Applicant. The statements made below are legally binding on the Applicant. In respect of the application, I confirm that: 1. 2. 3. the Regulations of the Exchange (“the Regulations”) (for the avoidance of doubt including the Memorandum and Articles of Association) as at the date of the application, have been reviewed by or on behalf of the Applicant; the Applicant understands that it will be bound by and subject to the Regulations of the Exchange as a Member and certifies that the answers and statements given in the application are true and complete; and the Applicant will promptly advise the Exchange of any change required in the answers and statements in the application (or otherwise in support of the application) to ensure that they remain true and complete throughout the period of the Applicant’s membership of the Exchange. The Applicant understands that membership does not start until written notice has been received from the Exchange confirming that the Applicant has been admitted, in accordance with the provisions set down in the Regulations. The Applicant understands that in order to be granted and thereafter to maintain membership it must organise and control its affairs in a responsible manner, and to this end that it must have staff who are fit and proper with suitable authorisations and/or qualifications and experience in order to implement and maintain adequate internal procedures and controls, and otherwise comply at all times with the membership criteria set out in the Regulations from time to time. I confirm that: 1. 2. the Applicant has obtained all regulatory approvals necessary to act as a Member and perform the role(s) specified in this application for membership or undertakes to obtain such regulatory approvals prior to, and as a condition of, being admitted as a Member; and the Applicant has all necessary authority, corporate and otherwise, power, consents, licenses and authorisations to enter into and perform the obligations of a Member under the Regulations. The Applicant agrees to be bound by the Regulations (including any procedures, directions, and instructions) issued by or on behalf of the Exchange from time to time. Nothing in this statement or the Regulations shall be considered or construed as conferring any right or benefit on a person not a party to this Agreement under the Contracts (Rights of Third Parties) Act 1999, but this does not affect any right or remedy of a third party which exists or is available apart from that Act. The Applicant understands that any information provided on this form or otherwise in connection with the application for membership may be disclosed by the Exchange to the Financial Services Authority, any other investment exchanges, selfregulatory organisations and other regulatory or governmental bodies and the Applicant authorises the Exchange to obtain information from any regulatory authority in the UK or overseas. Capitalised terms are defined in the Regulations unless otherwise indicated. Signature * Signed by and on behalf of Applicant by an authorised signatory Job Title Please print name Date (DD/MM/YY) * Please note that when applying for General or Trade Participant membership, a letter from the Company Secretary stating that the signatory is authorised to sign the application on behalf of the Applicant is required, unless the signatory is President or CEO of the company. 1 Please delete as appropriate ICE Futures Europe - Application Form Ref: M05_011012 www.theice.com Please provide: Details of Key Personnel An organisational chart showing reporting lines Summary CVs of the first three personnel if these individuals are not authorised by the FSA or NFA APPENDIX A Director/Senior Executive responsible for overall management Compliance Officer responsible for ICE Futures Europe operations Senior Contact for ICE Futures Europe trading operations Back Office Manager ICE Futures Europe Deliveries Daily Contact for ICE SYSTEMS IT/Technical contact for installation of ICE Futures Europe systems Invoicing/Finance Contact Name Title Tel. no. Fax no. E-mail Name Title Tel. no. Fax no. E-mail Page 15 ICE Futures Europe – Application Form Ref: M05_011012 www.theice.com EMERGENCY CONTACTS APPENDIX B Please supply details of three/four people who can be contracted in the event of an emergency. Managerial Contact Trading/Operational Contact Compliance Officer IT/Technical Contact Name Mobile no. Office tel. no. Home tel. no. E-mail CIRCULARS Please supply a generic company e-mail address for the delivery of ICE Futures Europe Circulars, for example: icenotices@yourcompany.com. E-mail address MEMBER VOLUMES Please supply the following information in order to download your Member Monthly Volumes directly from the Exchange’s website (www.theice.com): Full Name E-mail Contact Number Page 16 ICE Futures Europe – Application Form Ref: M05_011012 APPENDIX C SHAREHOLDERS Please provide us with a list of Shareholders owning 25% or more of the issued share capital of, or voting rights in, the company. This list should be provided to us on Company letterhead and signed by the Company’s General Counsel or another authorised member of the Company’s legal team. This list should indicate the number of shares held by each Shareholder identified, and the percentage of total issued share capital. PLEASE COMPLETE THE FORM BELOW WITH REGARD TO EACH BENEFICIAL OWNER A beneficial owner ultimately owns or controls a company. UK Anti-Money Laundering legislation requires that beneficial owners owning or controlling more than 25% (“Beneficial Owners”) of bodies corporate, partnerships or trusts are identified, and that measures are taken to verify their identities. 1. What is the name of the Beneficial Owner? 2. Please ask the Beneficial Owner to provide copies of the following documents: 1. Current signed passport / current signed national identity card / current UK photocard driving licence; and 2. Two items providing proof of permanent residential address, one to be a recent bank statement, utility bill or local authority tax bill valid for the current year. Please note that, as explained in Notes, these documents need to be certified by a solicitor / attorney. NOTES PERSONAL IDENTITY DOCUMENTS Please do not send us the original documents. Instead, please provide us with a Certified Copy of each original. Page 17 ICE Futures Europe – Application Form Ref: M05_011012 www.theice.com CHECKLIST OF INFORMATION TO BE RETURNED WITH THIS APPLICATION FORM Please review the checklist below and ensure you have supplied all the required information prior to submitting your Application Form and supporting documents. Information Required 1 Company Information. Please ensure all necessary information is included / attached separately as regards points 2.1, 2.2, 2.3, and 2.4. 2 Trade and General Participant Applicants: Last 3 years’ annual audited accounts (Section 2.3 c). 3 In the case of an application for Individual Participant membership, all the supporting documents listed in Section 3. 4 Separate schedule where necessary detailing any registrations or authorisations with regulatory bodies or other exchanges relating to Key Personnel identified in Appendix A (Section 4.1). 5 If the Applicant is NOT registered or authorised, reasons for not being regulated, or confirmation and evidence that an application for authorisation (if applicable) has been made to the FSA or other Regulatory body (Section 4.1). 6 If applicable, details to support “Yes” answers to questions in Section 6. 7 If the Applicant wishes to have ICE SYSTEMS, evidence of attendance of an ICE Systems training course, or confirmation of experience in a back office processing ICE Futures Europe business. 8 If the Applicant does not wish to have ICE SYSTEMS, confirmation from the clearer that it will perform the ICE SYSTEMS functionality on behalf of the non clearing member. 9 In the case of an application for General or Trade Participant category of membership, a letter from the company secretary confirming the party signing the application is authorised to do so (unless signatory is President or CEO of the Applicant company). 10 Completed schedule of Key Personnel (Appendix A), Emergency Contacts and an email address for the receipt of circulars (Appendix B). 11 Completed and supplied documents pertinent to Appendix C. Please ensure to provide certified documents. 12 An organisation chart detailing all staff to be involved in ICE Futures Europe operations as per Appendix A. 13 Summary CVs of the first three Key Personnel listed in Appendix A if these individuals are not FSA authorised or NFA approved. ICE Futures Europe - Application Form Ref: M05_011012 YES/NO or N/A www.theice.com ICE Futures Europe - Application Form Ref: M05_011012