Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p111
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 111/148)
Character Range: 610540–613418

foreign country in which its clearing and settlement facility is located;
 (c) whether the body corporate is registered under Division 2 of Part 5B.2 of the Act;
 (d) the services in respect of which the Australian CS facility licence is sought, including details of the financial products for which clearing and settlement facilities are to be provided;
 (e) details of the body corporate's major shareholders and organisation, including any details that have not already been given to ASIC in accordance with Division 2 of Part 5B.2 of the Act of:
 (i) each person whose duties are comparable to those of a director; and
 (ii) each person whose duties are comparable to those of a secretary; and
 (iii) each person whose duties are comparable to those of an executive officer of the body corporate.

7.3.14  Documents
  For paragraph 824A(1)(b) of the Act, the documents required as part of an application by the body corporate for an Australian CS facility licence are:
 (a) the body corporate's authorisation to operate the clearing and settlement facility in the foreign country in which its clearing and settlement facility is located (the home country), including any conditions imposed on the body corporate's operation of its clearing and settlement facility in the home country; and
 (b) a copy of any agreement, or draft agreement, between the body corporate and a market licensee relating to the clearing and settlement facility services to be provided; and
 (c) sufficient documentation to allow the Minister to be satisfied that the regulation of the clearing and settlement facility in its home country is equivalent to regulation under the Act.
Example for paragraph (c): Copies of the relevant legislation, rules and procedures in the home country.

Part 7.3B—Crisis resolution for CS facility licensees

Division 6—Moratorium on action during statutory management or compulsory transfer

Subdivision B—Stay on enforcement rights triggered by statutory management or compulsory transfer

7.3B.65  Prescribed kinds of arrangements—rights under which are not subject to the stay in section 843A of the Act
 (1) For the purposes of subparagraph 843B(1)(b)(i) of the Act, each of the kinds of arrangements referred to in subregulation (2) is prescribed.
 (2) The kinds of arrangements are as follows:
 (a) an arrangement that is, or is directly connected with, a derivative;
 (b) an arrangement that is, or is directly connected with, a securities financing transaction;
 (c) an arrangement that is, or governs, securities, financial products, bonds, promissory notes, or syndicated loans;
 (d) an arrangement that is a flawed asset arrangement;
 (e) an arrangement that is the operating rules (other than the listing rules) of a financial market;
Note: The operating rules of a licensed market are a contract, see subsection 793B(1) of the Act.
 (f) an arrangement