Baker & McKenzie acted for ETF Metal Securities Australia Limited on four new structured products (known as "ETF Metal Securities") which are the first products to be admitted to trading status on ASX's new AQUA Platform. In addition, a fifth ETF Metal Security being ETFS Physical Gold (ASX Code; GOLD) is the first product to be moved from the ASX main list to the new AQUA platform.
The five ETF Metal Securities give investors beneficial interests in gold, silver, platinum, palladium or a basket of all four metals.
The ASX AQUA Rules came into effect on 15 September 2008 and are a new regime under the ASX Market Rules. They provide a more flexible framework for the listing of funds and structured products on the ASX markets. Equity listing rules will continue to apply to A-REITS and the Warrant Rules continue to apply to warrants, but other new products will now be capable of trading on the ASX markets under the AQUA Rules.
The ETFS Metal Securities will be quoted under the AQUA Rules because the value (or price) of the Metal Securities is dependent upon the performance of the underlying bullion rather than the financial performance of the Issuer itself.