Document ID: chunk:federal_register_of_legislation:F2024C00716:body:0:p1
Version: federal_register_of_legislation:F2024C00716
Segment Type: other
Provision Reference: 
Character Range: 0–3247

ASIC Corporations (Foreign Financial Services Providers—Funds Management Financial Services) Instrument 2020/199

About this compilation

Compilation No. 4

This is a compilation of ASIC Corporations (Foreign Financial Services Providers—Funds Management Financial Services) Instrument 2020/199 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
2 Commencement
3 Authority
4 Definitions
Part 2—Exemption
5 Licensing
6 Where the exemption applies
7 Condition
Endnotes
Endnote 1—Instrument history
Endnote 2—Amendment history

Part 1—Preliminary

1 Name of legislative instrument
This is the ASIC Corporations (Foreign Financial Services Providers—Funds Management Financial Services) Instrument 2020/199.

2 Commencement
This instrument commences on 1 April 2026.
Note: The register may be accessed at www.legislation.gov.au.

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

4 Definitions
In this instrument:
Act means the Corporations Act 2001.
Agent for service of a person (first person) means a person:
           (a) who is a natural person ordinarily resident in Australia or a company;
           (b) whose name and address have been provided to ASIC in writing for the purposes of this instrument; and
           (c) who is authorised to accept on the first person'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.
eligible Australian user means any of the following persons in this jurisdiction:
           (a) a responsible entity of a registered scheme;
           (b) a trustee of any of the following:
              (i) a superannuation fund;
              (ii) an approved deposit fund;
              (iii) a pooled superannuation trust;
              (iv) a public sector superannuation scheme;
           within the meaning of the Superannuation Industry (Supervision) Act 1993 where the fund, trust or scheme has net assets of at least $10 million;
           (c) a trustee of a wholesale trust who holds an Australian financial services licence or would be required to hold an Australian financial services licence but for ASIC Corporations (Wholesale Equity Scheme Trustees) Instrument 2017/849;
           (d) a body regulated by APRA other than a trustee of any of the following (within the meaning of the Superannuation Industry (Supervision) Act 1993):
              (i) a superannuation fund;
              (ii) an approved deposit fund;
              (iii) a pooled superannuation trust;
              (iv) a public sector superannuation scheme;
            (e) an exempt public authority other than a local Council.
foreign government or legislative body means a government or legislative body of a foreign country or a region, province, territory or state of a foreign Country.