Document ID: chunk:federal_register_of_legislation:F2019L00084:schedule:2
Version: federal_register_of_legislation:F2019L00084
Segment Type: schedule
Provision Reference: sch 2
Character Range: 12733–15505

Schedule 2—Foreign passport funds

Proposed operator

    1. Details of the operator's local agent in Australia.

Proposed fund

    2. A request to ASIC to manually review a proposed fund name.

    3. Whether the Minister's consent was obtained to use the name.

    4. Evidence of the Minister's consent to use the name.

    5. Whether the APRA's consent was obtained to use the name.

    6. Evidence of APRA's consent to use the name.

    7. Details of the fund's local agent in Australia.

    8. The value of the assets of the fund, the number of issued shares or interests and the date of the most recent valuation.

Application form 'Part A' submitted to home regulator

    9. A copy of Part A of the application form submitted to the home regulator.

Directors of the operator

    10. Details of directors of the operator.

Distributors of interests in the fund

    11. Reasons why the distributor does not require an authorisation or licence.

Fund and operator compliance

    12. Whether the fund or operator is in breach of the laws and regulations of the home economy.

    13. In the last two years, whether the fund or operator has breached the laws and regulations of the home economy.

    14. In the last five years, whether the fund or operator has breached any Australian law or regulation including the Act and the ASIC Act.

    15. In the last five years, whether the fund or operator has breached the Passport Rules.

    16. Whether the operator has applied for, or been granted an exemption, modification or any other relief in relation to any law or regulation of its home economy in relation to the fund.

    17. Whether the operator has applied for, or been granted an exemption, modification or any other relief in relation to the Passport Rules.

Complaints

    18. Details about each compliance control for ensuring compliance with obligations about complaints about the fund or the operator by Australian investors.

Distribution

    19. Details about each compliance control for ensuring compliance with obligations to monitor Australian distributors.

Disclosure and reporting

    20. Details about each compliance control for ensuring compliance with obligations about disclosure and reporting to Australian investors.

Marketing

    21. Details about each compliance control for ensuring compliance with obligations about advertising and marketing.

Communication with Australian financial markets

    22. Details about each compliance control for ensuring compliance with obligations about lodging communications with an Australian financial market.

Lodgment of notices with ASIC

    23. Details about each compliance control for ensuring compliance with obligations about lodging notices with ASIC.