Document ID: chunk:federal_register_of_legislation:F2024C01108:front:0:p35
Version: federal_register_of_legislation:F2024C01108
Segment Type: other
Provision Reference: 
Character Range: 93808–96640

a record of:
 1.         the name, contact details and DTR identifier of each of its DTRs, while the person remains a DTR of the Trading Participant; and
(b)       the information in paragraph (a) for a period of seven years from the date the person ceases to be a DTR of the Trading Participant.

Part 2.6 Foreign Participants

2.6.1 Minimum presence requirements

(1) This Rule applies to a Market Participant (Foreign Market Participant) that:
 1.         is a foreign entity; and
(b)       does not hold an AFSL.

(2) Before entering into a Market transaction, a Foreign Market Participant must provide ASIC with a deed of the Foreign Market Participant for the benefit of and enforceable by ASIC and the other persons referred to in subsection 659B(1) of the Corporations Act, which deed provides:
 1.         that the deed is irrevocable except with the prior written consent of ASIC;
(b)       that the Foreign Market Participant 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 Corporations Act and whether brought in the name of ASIC or the Crown or otherwise;
(c)        that the Foreign Market Participant covenants to comply with any order of an Australian court in respect of any matter relating to the activities or conduct of the Foreign Market Participant in relation to a relevant Market or in relation to financial products traded on the relevant Market, including but not limited to any matter relating to the Foreign Market Participant's obligations under:
 1.          the ASIC Act;
(ii)       the Corporations Act;
(iii)     the Corporations (Fees) Act 2001;
(iv)      ASIC Supervisory Cost Recovery Levy Act 2017; and
(v)       ASIC Supervisory Cost Recovery Levy (Collection) Act 2017;
(d)       that if the Foreign Market Participant is not registered under Division 2 of Part 5B.2 of the Corporations Act:
 1.          the Foreign Market Participant must have at all times an agent who is:
        1.        a natural person or a company;
(B)       resident in this jurisdiction; and
(C)       authorised to accept, on behalf of the Foreign Market Participant, service of process and notices; and
(ii)       the Foreign Market Participant must notify ASIC of any change to:
 1.        the agent; or
(B)       the name and address of the agent (if the agent is a company, address means the address of the registered office of the company); and
(iii)     service of process on the Foreign Market Participant 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