Document ID: chunk:federal_register_of_legislation:F2024C01135:reg:6:p5
Version: federal_register_of_legislation:F2024C01135
Segment Type: reg
Provision Reference: reg 6 (pt 5/13)
Character Range: 25340–28126

ASIC setting out the following:
(a)        the name of the entity;
(b)       the entity's LEI or interim entity identifier or, if no LEI or interim entity identifier is available for the entity, a Designated Business Identifier or, if no Designated Business Identifier is available for the entity, a Business Identifier Code (BIC code);
(c)        which of the following capacities the entity is lodging the notice in:
(i)         its Personal Capacity;
(ii)       a Representative Capacity;
(d)       if the entity is lodging the notice in a Representative Capacity—the name of each scheme or trust to which the Representative Capacity relates and whether the scheme or trust was incorporated or formed in Australia or outside Australia;
(e)        the date (Clearing Start Date) on which the entity will commence being an Opt-In Clearing Entity in relation to each capacity in which it is lodging the notice, being a date not less than 30 days from the date the Opt-In Notice is lodged.
(2) An entity that has lodged an Opt-In Notice under subrule (1) may withdraw the Opt-In Notice by lodging a written notice (Withdrawal Notice) with ASIC setting out the following:
(a)        the name of the entity;
(b)       the entity's LEI or interim entity identifier or, if no LEI or interim entity identifier is available for the entity, a Designated Business Identifier or, if no Designated Business Identifier is available for the entity, a Business Identifier Code (BIC code);
(c)        which of the following capacities the entity is lodging the notice in:
(i)         its Personal Capacity;
(ii)       a Representative Capacity;
(d)       if the entity is lodging the notice in a Representative Capacity—the name of each scheme or trust to which the Representative Capacity relates;
(e)        the date (Clearing End Date) on which the entity will cease being an Opt-In Clearing Entity in relation to each capacity in which it is lodging the notice, being a date not less than 30 days from the date the Withdrawal Notice is lodged.
(3) ASIC may publish on its website any Opt-In Notice or a Withdrawal Notice given to it by an entity under this Rule.
(4) If an entity lodges an Opt-In Notice with ASIC under subrule (1) in its Personal Capacity:
(a)        if the entity is incorporated or formed in Australia—it will be an Opt-In Australian Clearing Entity in its Personal Capacity from the Clearing Start Date; and
Note: For the purposes of the Regulations, the entity will be an Australian clearing entity (as defined in subregulation 7.5A.61(1) of the Regulations) in relation to a Derivative Transaction to which it is party in its Personal Capacity: see paragraph 7.5A.61(1)(b) of the Regulations.
(b)       if the entity is incorporated or formed outside Australia—it will be an