anz

CUSTODIAN

A firm or organization responsible for safeguarding a firms or individuals financial assets

Wikipedia





Opes represented ANZ as Custodians and Bankers

ANZ allowed this phrase and the ANZ logo to be used in Opes' FSG

Opes used phrases ..such as lodge collateral with our Custodian (ANZ)

It is reasonable to assume ANZ were aware at all material times of these and other such representations

ANZ now say to the Federal Court in their submissions to Justice Finkelstein that

This was not the case

ANZ now say in their submissions to the Federal Court ANZ Nominees was Nominee and Custodian for ANZ

ANZ allowed their Firm to be Represented as a CUSTODIAN for 4 years by Opes

Justice Finkelstein concluded all title passed to ANZ

ASIC have concluded all title passed to ANZ

The Takeover Panel Concluded all title passed to ANZ

We allege ANZ owed a Duty to rectify ..The Representations Made to Opes Clients

At no point of time was ANZ a Custodian

AT all points of Time ANZ were "Owners"

ANZ were Silent with Regard to its Ownership and made No Attempts to communicate its ownership

Or the Untrue Statements that were Published by its commercial partner or agent or client OPES ..that it was acting as CUSTODIAN for 4 years

ANZ received "OWNERSHIP" of the portfolios of some 1194 firms or individuals

ANZ received shares in one quarter of the shares listed on the ASX

ANZ received greater than 5% in some 91 companies

ANZ were the founding member and greatest single financier
in a 3 party group that held $1,500,000,000 in Australian Securities

ANZ did not disclose to the ASX until recently it was Actually the OWNER

Nearly all of these shares we supplied to ANZ by third parties

ANZ say it was under NO obligation to Any of those parties to inform them of the truthful position

ASIC does not agree with ANZ and has caused them to to disclose their interest by way of lodging Substantial Shareholder Notices

We assert that ANZ's position will be unsustainable and that Litigation will find ANZ owed the clients of Opes the parties lodging the shares several legally based duties

We assert that ANZ , upon successful litigation ,from the clients ..will be found open to financial damages or Rectification




What should have occurred is as follows

ANZ Nominees should have written to us along the following lines

Date
From ANZ Nominees

Dear Mr Spicer69 ( you awesome dude)

We note your firm has lodged Securities with Us and are in the process of opening an account with Opes Prime a client of ANZ

Your securities have been transferred under an abridged Amsla
We ANZ Nominees hold a fuller Amsla with Opes Prime.

All Title both beneficial and economic have passed to ANZ Nominees

We have a Banking arrangement with Opes Prime and the Securities you lodged are part of a Global Pool of collateral

Please note that your Economic Interests are in a pool and as such ANZ can call upon the total pool to recover all and debts incurred by Opes Prime without further communication to you or recourse by you.

In the event of Insolvency by Opes Prime you will be an unsecured creditor of Opes Prime and have no recourse to any ANZ Group Company.

We take this opportunity to restate that all Beneficial Title has been acquired by ANZ Nominees and ANZ Nominees is not acting in any Custodial capacity .

Please sign the area marked to indicate you understand the Risks of the transaction and indemnify ANZ Nominees in regard to those Risks.

If you do not fully understand the meaning of this letter or the Opes Prime FSG , we strongly recommend you seek Independent Legal Advise

We will activate your account when we receive your response

Yours Faithfully

ANZ Nominees



But there's more...

http://www.businessspectator.com.au/bs.nsf/Article/ANZ-not-beneficial-owner-of-Opes-shares-EPN8P?OpenDocument