Industry Benchmarks
ASIC Benchmarks
In September 2008 ASIC introduced Regulatory Guide 45: Mortgage schemes- improving disclosure for retail investors. The Regulatory Guide sets out 8 benchmarks to help retail investors understand the risks, assess the rewards being offered and decide whether the investment is suitable for them.
| HAS THE CRITERIA BEEN MET?BENCHMARK | IF NOT, WHY NOT? | PDS REF | |
| Benchmark 1: Liquidity | |||
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Mayne should have cash flow estimates for the Trust for the next three months and ensure that at all times the Trust has cash or cash equivalents sufficient to meet its projected cash needs over the next three months. It should also disclose its policy on balancing the maturity of its assets and liabilities. |
Yes |
Mayne prepares 3 monthly cash flow estimates for the Trust and ensures that at all times the Trust has cash or cash equivalents sufficient to meet its projected cash needs over the next 3 months. These cash flows assist Mayne in determining the projected cash requirements of the Trust and anticipated withdrawals from the Trust. Mayne does not take into account finance facilities when forecasting cash flow requirements. |
Section 3.9 |
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Mayne considers in the circumstances the Trust would be considered a non-liquid managed investment scheme and for the immediate future any withdrawals will be offered on a periodic basis and in accordance with the Corporations Act. |
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Mayne’s policy on managing the liquidity of the Trust is outlined in section 3.9 - Liquidity Management. |
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| Benchmark 2: Trust borrowing | |||
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If the Trust has borrowed funds or if Mayne expects it to, it should disclose the amount owing under those loans and whether they rank ahead of an investor’s interests in the Trust, as well as the purpose for which the funds have or will be borrowed. If the loan facilities are due to mature within 12 months, Mayne should disclose the prospect of refinancing or possible alternative actions. Mayne should also explain any risks associated with the debt and credit facility maturity profile. |
Yes |
The Trust has no current borrowings and Mayne does not currently expect the Trust to borrow funds. If Mayne decided the Trust required borrowings at some time in the future, a disclosure would be made to Unitholders at that time of amount owed under those loans, the maturity timeframes, whether loans rank ahead of an Unitholder’s interests in the Trust and the purpose for which the funds have or will be borrowed. |
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| Benchmark 3: Portfolio diversification | |||
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Mayne should disclose the current nature of the Trust’s investment portfolio, including, by number and value: |
Yes |
Mayne discloses the current nature of the Trust’s investment portfolio on its website at www.mayneinvest.com.au. |
Section 3.6 |
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Section 3.6 provides the loan assessment criteria undertaken by Mayne outlining the maximum loan percentage per borrower, the method of assessing borrowers’ capacity to service loans. |
Section 3.7
Section 3.6
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Mayne should also disclose its policy on the above matters and how it will deal with funds generally, such as the maximum loan amount for any one borrower, the method of assessing borrowers’ capacity to service loans, Mayne’s policy on revaluing security properties when a loan is rolled over and Mayne’s approach to taking security in relation to lending by other schemes. |
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Section 3.5 |
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Mayne should also disclose its policy on investing in unlisted mortgage schemes. |
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Sections 3.5 and 3.7 |
| Benchmark 4: Related party transactions | |||
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Any related party transaction should be disclosed, as well as Mayne’s policy on related party transactions and how the process and arrangements are monitored to ensure that policy is followed. |
Yes |
Mayne has a strict policy of not lending money from the Trust to any related parties of Mayne or its Directors or officers. |
Section 9.1
Section 9.2 |
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Entities associated with the Directors do from time to time provide services to Mayne and the Trust. The arrangements for these services are reviewed annually to ensure they remain on commercial arm’s length terms. |
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See sections 9.1 and 9.2 for further details on management of related party transactions. |
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| Benchmark 5: Valuation policy | |||
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Mayne should have a clear policy on how often valuations will be obtained. |
Yes |
Mayne’s key valuation considerations are: |
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Section 3.6 |
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Sections 3.7 and 3.8 |
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| Benchmark 6: Lending principles – loan to valuation ratios | |||
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Mayne should maintain the following loan to valuation ratios:
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Yes |
Mayne’s lending guidelines as set out in section 3.5 ‘Investment Policies and Strategies’ authorise lending of up to 65% of the value of the security property at the time of the loan. This includes property development loans. |
Section 3.5 |
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Prior to advancing construction funding Mayne provides all plans, specifications and building contracts to a quantity surveyor who approximates the cost to complete the development. This ensures the borrower has allowed appropriate development costs. Funds are then advanced progressively on a ‘cost to complete’ basis. The quantity surveyor appointed by Mayne inspects the development at set stages of construction prior to further loan advances and certifies to Mayne the cost of completing the development at each stage in writing. |
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Mayne withholds the amount of loan funds necessary to complete the development in accordance with the advice received from the quantity surveyor. If the borrower becomes unable to complete the development, Mayne based on the advice of the quantity surveyor should have sufficient loan funds to complete the development. |
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| Benchmark 7: Distribution practices | |||
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Mayne should disclose the expected source for each distribution, as well as details of circumstances in which a lower return may be payable, together with details of how that lower return will be determined. |
Yes |
Distribution rates for the Trust are variable and dependent upon the income the Trust generates from loans and cash on deposit less management fees and expenses. |
Section 2.5
Section 3.3 |
| Benchmark 8: Withdrawal arrangements | |||
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Mayne should provide details of whether investors will have the ability to withdraw from the scheme. |
Yes |
Under normal operating conditions the Trust Constitution allows Mayne up to 180 days to pay a withdrawal request. |
Sections 2.7 and 3.9 |
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The Trust is currently operating as a non-liquid managed investment scheme and for the immediate future any withdrawals will be offered on a periodic basis and in accordance with the Corporations Act. |
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Mayne’s capacity to meet withdrawal requests will depend on the availability of cash to the Trust. |
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Unit pricing |
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