Document ID: chunk:federal_register_of_legislation:F2019L00648:body:0:p5
Version: federal_register_of_legislation:F2019L00648
Segment Type: other
Provision Reference: 
Character Range: 11137–13955

in Australia is prohibited by law, the debt under the bond shall be excluded from being an asset in Australia for so long as that payment is prohibited).

   Note: If a locally incorporated insurer holds an interest in a kangaroo bond through a custodian, the requirements of paragraphs 18 and 19 will also have to be complied with in order for the interest in a kangaroo bond not to be excluded from being an asset in Australia.

Shares - general

15.         An asset of a locally incorporated insurer is excluded from being an asset in Australia if:

Shares, not being shares held through a depository

       (a)          the asset is a share, not being a share that is held through a depository, and:

           (i)            the share is not readily transferable[7] in Australia; or

           (ii)         the share is not recorded on a register of members kept in Australia under section 169 of the Corporations Act; or

Interests held on Australian depositories

       (b)          the asset is an interest held on an Australian depository, being an interest that derives from, or relates to, a share ('underlying share'), and:

           (i)            the underlying share would be excluded from being an asset in Australia under paragraph (a) if held directly by the locally incorporated insurer (rather than through a depository); and

           (ii)         APRA has not determined, in writing, to waive the exclusion of the asset or an asset of that kind; or

Shares held on foreign depositories

       (c)          the asset is an interest held on a foreign depository, being an interest that derives from or relates to a share.

Interests in SPVs[8]

16.         If:

       (a)          a locally incorporated insurer holds an interest in an SPV; and

       (b)          the SPV holds (whether directly or indirectly) an investment that would not be an asset in Australia if held directly by the locally incorporated insurer (either because it would be excluded under another provision of this Prudential Standard or because it would not otherwise be an asset in Australia within the meaning of paragraph 28(a) of the Act)

    then an amount A is excluded from being an asset in Australia, where A is calculated as follows:

    A = B/C x D

where:

       B means the fair value of any investments held by the SPV that would not be assets in Australia if held directly by the locally incorporated insurer;

       C means the fair value of all the interests in the SPV; and

       D means the fair value of the interests in the SPV held by the locally incorporated insurer.

17.         For the purposes of paragraph 16, APRA may determine, in writing, that B has a specified value where APRA is satisfied that application of the formula would not fairly represent