Document ID: chunk:federal_register_of_legislation:F2024C00718:body:0:p1
Version: federal_register_of_legislation:F2024C00718
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ASIC Corporations (CSSF-Regulated Financial Services Providers) Instrument 2016/1109

About this compilation

Compilation No. 7

This is a compilation of ASIC Corporations (CSSF-Regulated Financial Services Providers) Instrument 2016/1109 as in force on 6 August 2024. It includes any commenced amendment affecting the legislative instrument to that date.

This compilation was prepared by the Australian Securities and Investments Commission.

The notes at the end of this compilation (the endnotes) include information
about amending instruments and the amendment history of each amended provision.

Contents

Part 1—Preliminary
1 Name of legislative instrument
3 Repeal
4 Authority
5 Definitions
Part 2—Exemption
6 CSSF-regulated financial services providers
7 Conditions
8 Circumstances where a provider cannot rely on this instrument
Endnotes
Endnote 1—Instrument history
Endnote 2—Amendment history

Part 1—Preliminary

1 Name of legislative instrument
This is the ASIC Corporations (CSSF-Regulated Financial Services Providers) Instrument 2016/1109.

3 Repeal
This instrument is repealed at the end of 31 March 2026.

4 Authority
This instrument is made under subsection 926A(2) of the Corporations Act 2001.

5 Definitions
In this instrument:
Act means the Corporations Act 2001.
address, in relation to a company, means the address of the registered office of the company.
agent means a natural person ordinarily resident in Australia or a company, whose name and address have been provided to ASIC in writing for the purposes of this instrument, and who is authorised to accept on the body's behalf, service of process from ASIC and, in relation to proceedings relating to a financial services law, from any person referred to in subsection 659B(1) of the Act.
CSSF means the Commission de Surveillance du Secteur Financier (the Commission for the Supervision of the Financial Sector) of Luxembourg.
       CSSF-regulated financial services provider means a body corporate incorporated in Luxembourg to which all of the following apply:

           (a) the body has a current authorisation given by the CSSF to carry on business in Luxembourg as either:

              (i) an investment company that has adopted a status of self-managed under Part I of the Law relating to UCITS or having effect as if under that Part; or

               (ii) a management company under Chapter 15 of Part IV of the Law relating to UCITS or having effect as if under that Chapter;
(b) the body:
(i) is registered under Division 2 of Part 5B.2 of the Act; or
(ii) has an agent at the time the body first purports to rely on this instrument and, from that time, has not failed to have an agent for any consecutive period of 10 business days;
(c) the body's primary business is the provision of financial services.
CSSF regulatory requirements means the rules that apply in relation to the financial services provided by a CSSF-regulated financial services