Document ID: chunk:federal_register_of_legislation:F2024C00716:body:0:p4
Version: federal_register_of_legislation:F2024C00716
Segment Type: other
Provision Reference: 
Character Range: 8340–11170

provide those funds management financial services in its home jurisdiction; and
              Note:  If the home jurisdiction of the person changes, the person must provide a new written confirmation in relation to its new home jurisdiction within 30 days: see subsection (2).
              (iii) there is an overseas regulator of the person in its home jurisdiction and that the overseas regulator is a signatory to the International Organisation of Securities Commissions' Multilateral Memorandum of Understanding Concerning Consultation and Cooperation and the Exchange of Information; and
               (iv) on the written request of ASIC or the overseas regulator in its home jurisdiction, the person will give or vary written consent and take all other practicable steps to enable and assist the overseas regulator to disclose to ASIC and ASIC to disclose to the overseas regulator any information or document that the overseas regulator or ASIC has that relates to the person; and
              (v) if ASIC gives the person a written notice directing the person to give to ASIC, within the time specified in the notice, a written statement containing specific information in relation to the financial services business carried on by the person in this jurisdiction, the person will comply with the notice; and
              (vi) the person will give such assistance to ASIC, or a person authorised by ASIC, as ASIC or the authorised person reasonably requests in relation to whether the person is complying with the financial services laws, and in relation to the performance of ASIC's other functions; and
              (vii) the person has an agent for service appointed and that includes the name and address of the agent for service that is current as at the day the written confirmation is given; and
(b) the person does not have a place of business in this jurisdiction.
        (2) If a person has given a written confirmation under subsection (1) and their home jurisdiction changes, the requirement to give a new written confirmation under subsection (1) in relation to their new home jurisdiction only applies on and from 30 days after the day the home jurisdiction of the person changes.

7 Condition
    A person that relies on the exemption in section 5 must:
(a)  not fail to have an agent for service for any consecutive period of 10 business days; and
(b) provide ASIC with written details of:
(i) a natural person ceasing or commencing to be its agent for service; and
(ii)  any change to the name or address of its agent for service;
within 10 business days of the natural person so ceasing or commencing or of the change to the name or address.

Endnotes

Endnote 1—Instrument history

Instrument number  Date of FRL registration     Date of commencement  Application, saving or transitional provisions