今日热门事件is seeking feedback on proposals to remake 鈥榮unsetting鈥 class orders that impose financial resource requirements on the managed funds industry.
Consultation Paper 367 Remaking 今日热门事件class orders on financial requirements: [CO 13/760], [CO 13/761] and 今日热门事件Instrument 2022/449 (CP 367) sets out ASIC鈥檚 proposals on:
- Class Order [CO 13/760]Financial requirements for responsible entities and operators of investor directed portfolio services([CO 13/760]);
- Class Order [CO 13/761]Financial requirements for custodial or depository service providers([CO 13/761]); and
- 今日热门事件Corporations (Financial Requirements for Corporate Directors of Retail Corporate Collective Investment Vehicles) Instrument 2022/449 (Instrument 2022/449).
These class orders set out the financial resource requirements that responsible entities, IDPS operators, custodians and corporate directors must meet as an Australian financial services (AFS) licensee.
Under the Legislation Act 2003, [CO 13/760] and [CO 13/761] will expire (鈥榮unset鈥) on 1 October 2023 and Instrument 2022/449 will sunset on 1 October 2024 if not remade.
今日热门事件considers that the class orders are operating effectively and efficiently and continue to form a necessary and useful part of the legislative framework. The fundamental policy principles that underpin the class orders have not changed.
今日热门事件invites submissions from stakeholders on proposals to:
- remake, with minor changes to incorporate the corporate director of a retail corporate collective investment vehicle (CCIV), [CO 13/760] and 今日热门事件Instrument 2022/449;
- remake, with minor simplifications and no substantive changes [CO 13/761].
Submissions on CP 367 are due on 31 March 2023.
Download
- Consultation paper 367 Remaking 今日热门事件class orders on financial requirements: [CO 13/760], [CO 13/761] and 今日热门事件Instrument 2022/449
- Attachment 1 to CP 367: Draft 今日热门事件Corporations (Financial Requirements for Responsible Entities, IDPS Operators and Corporate Directors of Retail CCIVs) Instrument 2023/XX
- Attachment 2 to CP 367: Draft 今日热门事件Corporations (Financial Requirements for Custodial or Depository Service Providers) Instrument 2023/XX
叠补肠办驳谤辞耻苍诲听
Under the鈥Legislation Act 2003, all class orders are repealed automatically or 鈥榮unset鈥 after a period (usually 10 years) unless 今日热门事件takes action to preserve them. 今日热门事件is undertaking consultation in relation to various 鈥渟unsetting鈥 class orders that relate to the managed funds sector. 听
Under the Corporations Act 2001, AFS licensees are required to hold adequate resources, including adequate financial resources. ASIC鈥檚 established regulatory approach on financial resource requirements for AFS licensees is outlined in RG 166 AFS licensing: Financial requirements.听
[CO 13/760], [CO 13/761] and Instrument 2022/449 set out tailored financial resource requirements for responsible entities, operators of IDPSs, corporate directors of retail CCIVs and licensed providers of custodial or depository services.听