Document ID: chunk:federal_register_of_legislation:F2023L01162:body:0:p15
Version: federal_register_of_legislation:F2023L01162
Segment Type: other
Provision Reference: 
Character Range: 34480–37194

meets the requirements under subparagraph (5)(a)(i) or a sub-custodian (a Complying Custodian) appointed by such a custodian; or
(C) as the Complying Custodian directs;
(ii) if there is a margin repayment right held as scheme property or assets of the retail CCIV, the licensee or the retail CCIV has directed in writing that repayments are to be made only to a Complying Custodian or as directed by a Complying Custodian;
(iii) if the direction refers to a Complying Custodian, the Complying Custodian, is given a copy of each written direction given for the purposes of subparagraphs (i) and (ii) within one business day and is given authority to require the counterparty or market participant to provide reasonable access to information about all transactions relating to the derivative; or
(i) a security or interest in a managed investment scheme and any chose in action (associated chose in action) that is not a financial product related to the acquisition or holding of securities or interests in a managed investment scheme where all of the following apply:
(i) the security or interest is not of a class that is able to be traded on a financial market;
(ii) the security or interest or any associated chose in action may give rise to a liability for the holder under their terms;
(iii) the licensee reasonably considers that it is not reasonably practicable to ensure the exclusion of liability of the person holding the security or interest or any associated chose in action that may arise from that holding; or
(j) a deposit taking facility with an Australian ADI or a foreign ADI if the licensee reasonably considers that holding the deposit taking facility by another person would raise unreasonable operational difficulties or be impracticable; or
(k) a deposit taking facility with an Australian ADI or a foreign ADI where the issuer of the deposit taking facility is a Complying Custodian who holds other scheme property of the scheme, IDPS property of the IDPS or assets of the retail CCIV; or
(l) any chose in action that:
                     (A) is not a financial product; and
                     (B) is not reasonably practicable to assign, other than to the relevant member or members of the scheme or retail CCIV or to the clients of the IDPS (as applicable) or together with other property that is covered by any of paragraphs (a) to (k).
stapled group means the group of entities consisting of:
(a) one or more stapled issuers who are issuers of securities or managed investment products that must be transferred together; and
(b) all wholly-owned entities of the stapled issuers.
stapled issuer means an entity a security or managed investment product of which under the terms on which