Document ID: chunk:federal_register_of_legislation:F2024C00718:body:0:p3
Version: federal_register_of_legislation:F2024C00718
Segment Type: other
Provision Reference: 
Character Range: 5573–8430

ASIC and the other persons referred to in subsection 659B(1) of the Act that applies notwithstanding that the provider may have ceased to rely, or never have relied, on this instrument, which provides that:
              (A) the provider submits to the non-exclusive jurisdiction of the Australian courts in legal proceedings conducted by ASIC (including under section 50 of the ASIC Act) and, in relation to proceedings relating to a financial services law, by any person referred to in subsection 659B(1) of the Act and whether brought in the name of ASIC or the Crown or otherwise;
              (B) the provider covenants to comply with any order of an Australian court in respect of any matter relating to the provision of the financial services;
              (C) if the provider is not registered under Division 2 of Part 5B.2 of the Act, service of process on the provider in relation to legal proceedings conducted by ASIC (including under section 50 of the ASIC Act) and, in relation to proceedings relating to a financial services law, by any person referred to in subsection 659B(1) of the Act and whether brought in the name of ASIC or the Crown or otherwise can be effected by service on the agent;
              (D) the provider covenants that, on written request of either the CSSF or ASIC, it will give or vary written consent and take all other practicable steps to enable and assist the disclosure of any information or document that the CSSF or ASIC has relating to the provider as between CSSF and ASIC; and
              (E) the deed is irrevocable, except with the prior written consent of ASIC;
        (b) before providing financial services in this jurisdiction to a wholesale client—give to the client written disclosure containing prominent statements to the following effect:
           (i) the provider is exempt from the requirement to hold an Australian financial services licence under the Act in respect of the financial services; and
           (ii) the provider is regulated by the CSSF under foreign laws, which differ from Australian laws;
       (c) provide each of the financial services in this jurisdiction in a manner which would comply, so far as is possible, with the CSSF regulatory requirements if the financial service were provided in Luxembourg in like circumstances;
       (d) notify ASIC, in writing, no later than 15 business days after the provider becomes aware or should reasonably have become aware, of the details of:
           (i) each significant change to, including the termination of, any licence or registration applying to the provider relevant to the financial services the provider provides or intends to provide in this jurisdiction; and
           (ii) each significant exemption or other relief which the provider obtains from the CSSF regulatory requirements relevant to the financial