Document ID: chunk:federal_register_of_legislation:F2024C00718:body:0:p4
Version: federal_register_of_legislation:F2024C00718
Segment Type: other
Provision Reference: 
Character Range: 8151–11414

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 services the provider provides or intends to provide in this jurisdiction; and
           (iii) each action or investigation of the following kinds taken by any other foreign regulatory authority against the provider in a foreign jurisdiction in relation to financial services provided in the foreign jurisdiction;
              (A) significant enforcement action;
              (B) significant disciplinary action; and
              (C) significant investigation (unless, after having taken reasonable steps to enable written notification to be given to ASIC, the provider is prohibited by law from giving such notification but only to the extent of the prohibition);
       (e) comply with any written notice given by ASIC directing the provider to give to ASIC, within the time specified in the notice, a written statement containing specified information about:
           (i) the financial services provided by the provider in this jurisdiction; or
           (ii) the financial service business operated by the provider in this jurisdiction.

8 Circumstances where a provider cannot rely on this instrument
(1) A CSSF-regulated financial services provider cannot rely on this instrument if ASIC has notified the provider or its agent that the provider is excluded from relying on this instrument and ASIC has not withdrawn the notice.
(2) A CSSF-regulated financial services provider cannot rely on this instrument if the provider fails to comply with a condition of this instrument and one of the following is satisfied:
(a) 15 business days have passed since the provider became aware or should reasonably have become aware of matters giving the provider reason to believe it had failed, other than in an immaterial respect, to comply with the condition without providing full particulars of the failure to ASIC (to the extent that the provider knows those particulars or would have known them if it had undertaken reasonable enquiries);
(b) 30 business days have passed from ASIC receiving those particulars from the provider without ASIC notifying the provider that it may continue to rely on this instrument.
(3)  A CSSF-regulated financial services provider can only rely on this instrument on or after 1 April 2020 if the provider was able to rely on this instrument on 31 March 2020.

Endnotes

Endnote 1—Instrument history

Instrument number  Date of FRL registration      Date of commencement  Application, saving or transitional provisions
2016/1109          15/11/2016 (see F2016L01757)  16/11/2016
2018/807           24/9/2018 (see F2018L01336)   25/9/2018             -
2019/902           5/9/2019 (see F2019L01144)    10/9/2019             -
2020/200           10/3/2020 (see F2020L00239)   17/3/2020             -
2021/510           11/6/2021 (see F2021L00732)   15/6/2021             -
2022/623           29/7/2022 (see F2022L01022)   2/08/2022             -
2023/588           7/8/2023 (see F2023L01065)    15/8/2023             -
2024/497           31/7/2024