The investment
opportunity offered is a Contributory Nominee Mortgage
Investment.
Contributory Mortgage Investments are
defined by the Securities Act (Contributory Mortgages) Regulations
1988. The Regulations are administered and enforced by the
Financial Markets Authority (an independent Crown
entity).
Contributory Mortgages are a form of
investment which has the following features:
• Usually one or more investors known as contributors who have
pooled funds to lend to a borrower.
• The Investors/ contributors have the mortgage instrument issued
in either their own name or in the name of the Nominee company
which is secured by a first registered mortgage over the property
being lent on (land and buildings).
• The loan and the investment is managed by a separate company to
the nominee company called a contributory mortgage broker who
manages the loan and investment on behalf of the investor.
The nominee company and contributory Mortgage broker company are
bound by a number of Legal requirements. Only companies registered
under the act may offer contributory mortgages to investors, these
companies are known as contributory mortgage brokers. SCFL
Management is registered as a broker under the Regulations.
• Operate a subsidiary "Nominee" company
and trust account for receipt of contributor's funds. This Nominee
Company also holds the mortgages on behalf of the
investors/contributors (if not in the contributor's own name or
names).
• Provide a full set of information and disclosure documents about
the investment opportunity to the investor prior to them
investing.
• Provide formal notification during the term of the investment,
in the event that the borrower does not perform or adhere to their
contractual arrangements.
• The contributory mortgage broker and its nominee company are
required to undergo quarterly audits of its documentation, lending
practices and procedures. A full financial annual audit is also
undertaken.
This is done on behalf of SCFL by its
auditors Staples Rodway Auckland.
Audits are designed to provide protection for contributors and
ensure that all requirements of the act are being met.
SCFL Management Limited and SCFL Nominees
Limited are subsidiary companies of Southern Cross Finance Limited
and have been established for the purposes of offering Investors
attractive investment opportunities by way of First Ranking
Mortgage backed Securities.
SCFL Management is the "Broker" company
which identifies suitable investments and then supervises the
process for Investors from inception through to maturity.
SCFL Nominees is the associate "Nominee" company which operates a
Trust Account (at ASB Bank) for the purpose of holding, tracking,
and distributing Investors funds.