Document ID: chunk:federal_register_of_legislation:F2023C00827:reg:2:p1
Version: federal_register_of_legislation:F2023C00827
Segment Type: reg
Provision Reference: reg 2 (pt 1/10)
Character Range: 1777–4750

2  Meaning of home jurisdiction and wholesale financial service
Endnotes
Endnote 1—Instrument history
Endnote 2—Amendment history

Part 1—Preliminary

1 Name of legislative instrument
This is the ASIC Corporations (Foreign Financial Services Providers—Foreign AFS Licensees) Instrument 2020/198.

3 Authority
This instrument is made under subsections 926A(2), 992B(1) and 1020F(1) of the Corporations Act 2001.

4 Definitions
In this instrument:
Act means the Corporations Act 2001.

       agent of an eligible body means:
(a) in the case of an eligible body that is a foreign company—a local agent; or
(b) in the case of an eligible body that is not a foreign company—an agent in relation to whom the requirements in subregulation 7.6.03B(2) of the Regulations are satisfied.
eligible body means a foreign financial services provider that holds an Australian financial services licence authorising the foreign financial services provider to provide one or more wholesale financial services.
eligible deposit product means any deposit-taking facility that is not a deposit product as defined in section 761A of the Act.
employee has the same meaning as in section 991F of the Act.
foreign financial services provider means each of the following:
(a) a US SEC regulated financial service provider (as defined in subsection 5(1));
(b) a US Federal Reserve and OCC regulated financial service provider (as defined in subsection 6(1));
(c) a US CFTC regulated financial services provider (as defined in subsection 7(1));
(d) a Singapore MAS regulated financial service provider (as defined in section 8);
(e) a Hong Kong SFC regulated financial service provider (as defined in section 9);
(f) a German BaFin regulated financial service provider (as defined in subsection 10(1));
(g) a Luxembourg CSSF regulated financial services provider (as defined in subsection 11(1));
(h) a UK regulated financial service provider (as defined in subsection 12(1));
(i) a Danish FSA regulated financial service provider (as defined in subsection 13(1));
(j) a Swedish FI regulated financial service provider (as defined in subsection 14(1));
(k) a French AMF regulated financial service provider (as defined in subsection 15(1));
(l) a French ACPR regulated financial service provider (as defined in subsection 16(1);
(m) an Ontario OSC regulated financial service provider (as defined in subsection 17(1)).
foreign government or legislative body means a government or legislative body of a foreign country or a region, province, territory or state of a foreign country.
home jurisdiction means, in relation to a foreign financial services provider, the jurisdiction that is specified in column 3 of the table in clause 1 of Schedule 1 to this instrument for a foreign financial services provider of that type.
overseas regulatory authority means a foreign regulatory authority which regulates financial services and which is established by or for the purposes of a foreign government or