Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001

- made under the Corporations Act 2001

TABLE OF PROVISIONS

            

CHAPTER 1--Introductory
            

   PART 1.0----MISCELLANEOUS

   1.0.01. Name of Regulations [see Note 1]  
   1.0.01A.Commencement [see Note 1]  
   1.0.02. Interpretation  
   1.0.02A.Prescribed financial market  
   1.0.03. Prescribed forms (Act s 350)  
   1.0.03A.Documents that must be in the prescribed form  
   1.0.03B.Documents that must be lodged with ASIC  
   1.0.03C.Documents that must be in a form approved by ASIC  
   1.0.04. Directions and instructions in forms  
   1.0.05. Documents and information required by forms  
   1.0.05A.Lodgment with ASIC  
   1.0.06. Annexures accompanying forms  
   1.0.07. General requirements for documents  
   1.0.08. Information to accompany financial documents lodged for financial years  
   1.0.09. Information to accompany financial documents etc lodged for half-years  
   1.0.10. Continuous disclosure notices  
   1.0.11. Certain documents to be signed by personal representatives etc  
   1.0.12. Form of notice of resolution  
   1.0.13. Time for lodging documents  
   1.0.14. Address of registered office or place of business  
   1.0.15. Affidavits and statements in writing  
   1.0.16. Certification and verification of certain documents  
   1.0.17. Documents signed or sworn in accordance with the rules  
   1.0.18. Prescribed provisions (Act s 53)  
   1.0.20. Copies of orders to be lodged  
   1.0.21. Identification of lodged orders  
   1.0.22. Territorial application of Act  

   PART 1.1----PRESCRIBED AMOUNTS

   1.1.01. Prescribed amounts  

   PART 1.2----INTERPRETATION

           Division 1--General

   1.2.01. Remuneration recommendations (Act s 9B)  

   PART 1.2A----DISCLOSING ENTITIES

   1.2A.01.Securities declared not to be ED securities  
   1.2A.02.Foreign companies issuing securities under foreign scrip offers etc exempt from disclosing entity provisions  
   1.2A.03.Foreign companies issuing securities under employee share scheme exempt from the disclosing entity provisions  
            

CHAPTER 2A--Registration of companies
            

   PART 2A.1----SIZE OF PARTNERSHIPS OR ASSOCIATIONS (ACT S 115 (2))

   2A.1.01.Size of partnerships or associations  

   PART 2A.2----CHANGE OF PLACE OF REGISTRATION OF COMPANY (ACT S 119A (3))

   2A.2.01.Approval of application for change of place of registration  
   2A.2.02.Special resolution may be set aside by Court order  
   2A.2.03.Application for change of place of registration  
   2A.2.04.Change of place of registration  
            

CHAPTER 2B --Basic features of a company
            

   PART 2B.6----NAMES

   2B.6.01.Availability of names (Act s 147)  
   2B.6.02.Consents required for use of certain letters, words and expressions  
   2B.6.03.Exemptions from requirement to set out name and ACN on certain documents (Act s 155)  
            

CHAPTER 2C--Registers
            

   PART 2C.1----REGISTERS GENERALLY

           Division 2C.1.1--Location of register

   2C.1.01.Form of notice  

           Division 2C.1.2--Right to inspect and get copies of register

   2C.1.02.Form of register  
   2C.1.03.Improper purposes for getting copy of register  
   2C.1.04.Information to be included in application for copy of register  

           Division 2C.1.3--Use of information on registers by bodies corporate

   2C.1.05.Contact with members after failure to provide copy of register  
            

CHAPTER 2D--Officers and employees
            

   PART 2D.2----RESTRICTIONS ON INDEMNITIES, INSURANCE AND TERMINATION PAYMENTS

           Division 2D.2.2--Termination payments

   2D.2.01.Meaning of base salary  
   2D.2.02.Meaning of benefit  
   2D.2.03.When benefit given in connection with retirement from an office or a position  

   PART 2D.6----DISQUALIFICATION FROM MANAGING CORPORATIONS

           Division 2D.6.1--Automatic disqualification

   2D.6.01.Prescribed foreign jurisdictions (Act s 206B (7))  

   PART 2D.7----BAN ON HEDGING REMUNERATION OF KEY MANAGEMENT PERSONNEL

   2D.7.01.Hedging arrangements (Act s 206J (3))  
            

CHAPTER 2E--Related party transactions
            

   2E.1.01.Small amounts given to related entity  
            

CHAPTER 2G--Meetings
            

   PART 2G.2----MEETINGS OF MEMBERS OF COMPANIES

           Division 6--Proxies and body corporate representatives

   2G.2.01.Authentication of appointment of proxy (Act s 250A)  
            

CHAPTER 2K--Charges
            

   PART 2K.2----REGISTRATION

   2K.2.01.Lien or charge on crop or wool, or stock mortgage, that is a registrable security: prescribed law -- subsection 262 (5) of the Act  
   2K.2.02.Time period for the provisional registration of charges  
   2K.2.03.Charge that is a registrable security: specified law -- paragraphs 273A (4) (b), 273B (3) (b) and 273C (3) (b) of the Act  
            

CHAPTER 2L--Debentures
            

   PART 2L.2----DUTIES OF BORROWER

   2L.2.01.Register relating to trustees for debenture holders  
            

CHAPTER 2M--Financial reports and audit
            

   PART 2M.3----FINANCIAL REPORTING

           Division 1--Annual financial reports and directors' reports

   2M.3.01.Disclosures required by notes to consolidated financial statements -- annual financial reports (Act s 295)  
   2M.3.03.Prescribed details (Act s 300A)  

           Division 9--Reference of financial report to the Financial Reporting Panel

   2M.3.30.Notice to lodging entity of proposed referral of financial report to Financial Reporting Panel by ASIC (Act s 323ED)  
   2M.3.31.Referral of financial report to Financial Reporting Panel by ASIC (Act s 323EF)  
   2M.3.32.Referral of financial report to Financial Reporting Panel by lodging entity (Act s 323EI)  

   PART 2M.4----AUDITOR

   2M.4.01A.Specified practising certificates (Act s 324BE)  
   2M.4.01.Notice of appointment of auditors  

   PART 2M.6----MODIFICATION OF THE OPERATION OF CHAPTER 2M OF THE ACT

   2M.6.01.Modifications (Act s 343)  
   2M.6.05.Conduct of auditor -- relevant relationships  
            

CHAPTER 2N--Updating ASIC information about companies and registered schemes
            

   PART 2N.2----EXTRACT OF PARTICULARS

   2N.2.01.Particulars ASIC may require in an extract of particulars (Act s 346B)  

   PART 2N.4----RETURN OF PARTICULARS

   2N.4.01.Particulars ASIC may require in a return of particulars (Act s 348B)  
            

CHAPTER 5--External administration
            

   PART 5.1----ARRANGEMENTS AND RECONSTRUCTIONS

   5.1.01. Prescribed information for paragraph 411 (3) (b) and subparagraph 412 (1) (a) (ii) of the Act  
   5.1.02. Giving notice under subsection 414 (2) or (9) of the Act  

   PART 5.2----RECEIVERS, AND OTHER CONTROLLERS, OF CORPORATIONS

   5.2.01. Controller's notice to owner or lessor of property -- how given  
           
5.2.01. Certified copies of reports PART 5.3A----ADMINISTRATION OF A COMPANY'S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT 5.3A.01.Administrator's notice of ending of administration 5.3A.02.Administrator to specify voidable transactions in statement 5.3A.03.Administrator to lodge notice of appointment 5.3A.04.Notice of change of administrator's address 5.3A.05.Administrator's notice to owner or lessor of property -- how given 5.3A.06.Provisions included in deed of company arrangement 5.3A.07.Administrator becomes liquidator -- additional cases PART 5.4----WINDING UP IN INSOLVENCY 5.4.01. Application to Court for winding up -- prescribed agency 5.4.02. Compromise of debt by liquidator -- prescribed amount PART 5.6----WINDING UP GENERALLY 5.6.01. Matters for entry in liquidator's or provisional liquidator's books 5.6.02. Inspection of books kept under section 531 of the Act 5.6.06. Payment into liquidator's general account 5.6.07. Deposit of securities 5.6.08. Delivery of securities 5.6.09. Special bank account 5.6.10. Payments out of liquidator's general account 5.6.11. Application 5.6.11A.Electronic methods of giving or sending certain notices etc 5.6.12. Notice of meeting 5.6.13. Proof of notice 5.6.13A.If telephone conference facilities are available 5.6.13B.Persons, or their proxies or attorneys, participating by telephone 5.6.14. Time and place of meeting 5.6.14A.Advertisement of a meeting 5.6.14B.Meetings not convened in accordance with regulations 5.6.15. Costs of convening meetings of creditors etc 5.6.16. Quorum 5.6.17. Chairperson 5.6.18. Adjournment of meeting 5.6.19. Voting on resolutions 5.6.20. Taking a poll 5.6.21. Carrying of resolutions after a poll has been demanded at a meeting of creditors 5.6.22. Carrying of resolution after a poll has been demanded at a meeting of contributories or members 5.6.23. Creditors who may vote 5.6.23A.Voting status of persons by whom money is advanced to a company 5.6.24. Votes of secured creditors 5.6.26. Admission and rejection of proofs for purposes of voting 5.6.27. Minutes of meeting 5.6.28. Appointment of proxies 5.6.29. Form of proxies 5.6.30. Instruments of proxy 5.6.31. Proxy forms to accompany notice of meetings 5.6.31A.Person may attend and vote by attorney 5.6.32. Liquidator etc may act as proxy 5.6.33. Voting by proxy if financially interested 5.6.34. Liquidator etc may appoint deputy 5.6.36. Time for lodging proxies 5.6.36A.Facsimile copies of proxies 5.6.37. Establishing title to priority 5.6.39. Notice to submit particulars of debt or claim 5.6.40. Preparation of a proof of debt or claim 5.6.41. Disclosure of security 5.6.42. Discounts 5.6.43. Periodical payments 5.6.43A.Debt or claim of uncertain value -- appeal to Court 5.6.44. Debt discount rate (Act s 554B) 5.6.45. Employees' wages 5.6.46. Production of bill of exchange and promissory note 5.6.47. Admission of debt or claim without formal proof 5.6.48. Notice to creditors to submit formal proof 5.6.49. Formal proof of debt or claim 5.6.50. Contents of formal proof of debt or claim 5.6.51. Costs of proof 5.6.52. Liquidator to notify receipt of proof of debt or claim 5.6.53. Time for liquidator to deal with proofs 5.6.54. Grounds of rejection and notice to creditor 5.6.55. Revocation or amendment of decision of liquidator 5.6.56. Withdrawal or variation of proof of debt or claim 5.6.57. Oaths 5.6.58. Liquidator to make out provisional list of contributories 5.6.59. Time and place for settlement of list 5.6.60. Settlement of list of contributories 5.6.61. Supplementary list 5.6.62. Notice to contributories 5.6.63. Dividend payable only on admission of a debt or claim 5.6.64. Application of regulations 5.6.37 to 5.6.57 5.6.65. Liquidator to give notice of intention to declare a dividend 5.6.66. Time allowed for dealing with formal proof of debt or claim 5.6.67. Declaration and distribution of dividend 5.6.68. Rights of creditor who has not proved debt before declaration of dividend 5.6.69. Postponement of declaration 5.6.70. Payment of dividend to a person named 5.6.70A.Prescribed rate of interest on debts and claims from relevant date to date of payment 5.6.71. Distribution of surplus in a winding up by the Court 5.6.72. Distribution of surplus as directed 5.6.73. Eligible unsecured creditor 5.6.74. Interpretation: prescribed countries CHAPTER 5B--Bodies corporate registered as companies, and registrable bodies PART 5B.2----REGISTRABLE BODIES 5B.2.01.Certified copies of certificates of incorporation etc 5B.2.02.Manner of certifying constituent documents 5B.2.03.Manner of sending letters (Act ss 601CC (2) and 601CL (3)) 5B.2.04.Manner of sending notices (Act ss 601CC (3) and 601CL (4)) 5B.2.05.Prescribed countries (Act s 601CDA (a)) 5B.2.06.Notices (Act s 601CV (1)) PART 5B.3----NAMES OF REGISTRABLE AUSTRALIAN BODIES AND FOREIGN COMPANIES 5B.3.01.Availability of names (Act s 601DC) 5B.3.02.Consents required for use of certain letters, words and expressions 5B.3.03.Exemptions from requirement to set out ARBN etc on certain documents (Act s 601DG) 5B.3.04.Notices (Act s 601DH (1)) CHAPTER 5C--Managed investment schemes PART 5C.1----REGISTRATION OF MANAGED INVESTMENT SCHEMES 5C.1.01.Applying for registration 5C.1.02.Change of name of registered schemes 5C.1.03.Modification (Act s 601QB) PART 5C.2----THE RESPONSIBLE ENTITY 5C.2.01.Duty of responsible entities' agents -- surveillance checks 5C.2.02.Appointment of temporary responsible entities 5C.2.03.Form of notices (Act ss 601FL (2) and 601FM (2)) 5C.2.04.Notice of appointment of temporary responsible entities 5C.2.05.Form of notices (Act s 601FP (3)) PART 5C.4----THE COMPLIANCE PLAN 5C.4.01.Agents' authorities to be lodged 5C.4.02.Agents to assist auditors of compliance plans PART 5C.5----THE COMPLIANCE COMMITTEE 5C.5.01.Responsible entities etc to assist compliance committees PART 5C.9----WINDING UP 5C.9.01.Notice of commencement of winding up PART 5C.11----EXEMPTIONS AND MODIFICATIONS Division 1--Exemptions 5C.11.01.Certain funds not managed investment funds Division 2--Modifications 5C.11.02.Modifications 5C.11.03.Register of members of registered schemes (Act s 169 (1)) 5C.11.03A.How to work out the value of an interest 5C.11.04.Names of registered schemes (Act s 601EB (1)) 5C.11.05A.Schemes not required to be registered (Act s 601ED) 5C.11.06.Liability of responsible entities (Act s 601FB (4)) CHAPTER 5D--Licensed trustee companies PART 5D.1----PRELIMINARY 5D.1.01.Meaning of trustee company 5D.1.02.Meaning of traditional trustee company services and estate management functions 5D.1.03.Meaning of mortgage-backed security 5D.1.04.Interaction between trustee company provisions and State and Territory laws PART 5D.2----POWERS ETC OF LICENSED TRUSTEE COMPANIES Division 2.1--Annual Information Returns 5D.2.01.Obligation on licensed trustee company to provide an annual information return if requested 5D.2.02.Information to be included in annual information return Division 2.2--Common funds 5D.2.03.Common funds 5D.2.04.Establishment of common funds 5D.2.05.Deciding details about common funds 5D.2.06.Operation of common funds 5D.2.07.Register of investments 5D.2.08.Financial reports 5D.2.09.Arm's length transactions PART 5D.3----REGULATION OF FEES CHARGED BY LICENSED TRUSTEE COMPANIES 5D.3.01.Modification of section 601TAB of the Act: disclosure to clients of changed fees CHAPTER 6--Takeovers PART 6.2----EXCEPTIONS TO THE PROHIBITION 6.2.01. Prescribed circumstances (Act s 611) 6.2.02. Other prescribed circumstances (Act s 611) PART 6.5----THE TAKEOVER PROCEDURE 6.5.01. Wholesale holder of securities -- telephone monitoring during bid period PART 6.6----VARIATION OF OFFERS 6.6.01. Right to withdraw acceptance PART 6.8----ACCEPTANCES 6.8.01. Acceptance of offers made under off-market bid 6.8.02. Acceptances by transferees and nominees of offers made under off-market bid PART 6.10----REVIEW AND INTERVENTION 6.10.01.Application for review of Panel decision (Act s 657EA) CHAPTER 6A--Compulsory acquisitions and buy-outs PART 6A.1----COMPULSORY ACQUISITIONS AND BUY-OUTS AFTER TAKEOVER BID 6A.1.01.Terms on which securities to be acquired CHAPTER 6CA--Continuous disclosure 6CA.1.01.Continuous disclosure: other disclosing entities CHAPTER 6D--Fundraising PART 6D.2----DISCLOSURE TO INVESTORS ABOUT SECURITIES 6D.2.01.Exemption -- member shares 6D.2.02.Exemption -- foreign companies 6D.2.03.Sophisticated investors PART 6D.5----FUNDRAISING --MISCELLANEOUS 6D.5.01.Warrants that are securities 6D.5.02.Modification of paragraph 708 (8) (c) of the Act: renewal period for accountants' certificates CHAPTER 7--Financial services and markets PART 7.1----PRELIMINARY Division 1--General 7.1.02. Participant 7.1.03. Prescribed CS facility 7.1.03A.Basic deposit products 7.1.03B.Self managed superannuation funds 7.1.04. Derivatives 7.1.04A.Meaning of kind of financial products (section 1012IA of the Act) 7.1.04B.Meaning of class of financial products (managed investment schemes) 7.1.04C.Meaning of class of financial products (superannuation products) 7.1.04CA.Kinds of financial products 7.1.04D.Meaning of issuer for certain derivatives 7.1.04E.Issue of a new interest in a superannuation fund 7.1.04F.Meaning of class of financial services (subsections 917A (3), 917C (2) and 917C (3) of the Act) 7.1.04G.Meaning of issuer for a foreign exchange contract 7.1.05. Specific things that are not financial products: superannuation interests 7.1.06. Specific things that are not financial products: credit facility 7.1.06A.Arrangements for certain financial products that are not credit facilities 7.1.06B.Specific things that are not financial products: superannuation interests 7.1.07. Specific things that are not financial products: surety bonds 7.1.07A.Specific things that are not financial products: rental agreements 7.1.07B.Specific things that are not financial products: bank drafts 7.1.07C.Specific things that are not financial products: insurance under an overseas student health insurance contract 7.1.07D.Specific things that are not financial products: funeral expenses policy 7.1.07E.Specific things that are not financial products: rights of the holder of a debenture 7.1.07F.Specific things that are not financial products: money orders 7.1.07G.Specific things that are not financial products: electronic funds transfers 7.1.07H.Specific things that are not financial products: ACT insurance 7.1.08. Meaning of financial product advice: exempt document or statement 7.1.09. Obligations related to clearing and settlement facility 7.1.10. Conduct that does not constitute operating a clearing and settlement facility Division 2--Retail clients and wholesale clients 7.1.11. Meaning of retail client and wholesale client: motor vehicle insurance product 7.1.12. Meaning of retail client and wholesale client: home building insurance product 7.1.13. Meaning of retail client and wholesale client: home contents insurance product 7.1.14. Meaning of retail client and wholesale client: sickness and accident insurance product 7.1.15. Meaning of retail client and wholesale client: consumer credit insurance product 7.1.16. Meaning of retail client and wholesale client: travel insurance product 7.1.17. Meaning of retail client and wholesale client: personal and domestic property insurance product 7.1.17A.General insurance products: medical indemnity insurance products 7.1.17B.Retail clients and wholesale clients: aggregation of amounts for price or value of financial product 7.1.17C.Retail clients: traditional trustee company services 7.1.18. Retail clients and wholesale clients: price of investment-based financial products 7.1.19. Retail clients and wholesale clients: value of investment-based financial products 7.1.19A.Retail clients and wholesale clients: price of margin lending facilities 7.1.20. Retail clients and wholesale clients: price of income stream financial products 7.1.21. Retail clients and wholesale clients: value of income stream financial products 7.1.22. Retail clients and wholesale clients: value of derivatives 7.1.22A.Retail clients and wholesale clients: value of foreign exchange contracts 7.1.23. Retail clients and wholesale clients: price of non-cash payment financial products 7.1.24. Retail clients and wholesale clients: value of non-cash payment products 7.1.25. Retail clients and wholesale clients: life risk insurance and other risk-based financial products 7.1.26. Superannuation-sourced money 7.1.27. Retail clients and wholesale clients: effect of wholesale status 7.1.28. Retail clients and wholesale clients: assets and income Division 3--When does a person provide a financial service 7.1.28A.Circumstances in which a person is taken to be provided a traditional trustee company service 7.1.29. Circumstances in which a person is taken not to provide a financial service 7.1.29A.Self-managed superannuation funds 7.1.30. Information and advice about voting 7.1.31. Passing on prepared documents 7.1.32. Remuneration packages 7.1.33. Handling insurance claims 7.1.33A.Allocation of funds available for investment 7.1.33B.General advice 7.1.33D.Investment-linked life insurance products 7.1.33E.Advice about the existence of a custodial or depository service 7.1.33F.School banking 7.1.33G.Certain general advice that does not attract remuneration etc. 7.1.33H.Certain general advice given by a financial product issuer Division 4--Dealings in financial products 7.1.34. Conduct that does not constitute dealing in a financial product 7.1.35. Conduct that does not constitute dealing in a financial product 7.1.35A.Conduct that does not constitute dealing in a financial product -- lawyers acting on instructions Division 5--Custodial or depository services 7.1.40. Conduct that does not constitute the provision of a custodial or depository service PART 7.2----LICENSING OF FINANCIAL MARKETS Division 1--Market licensees' obligations 7.2.01. Obligation to inform ASIC of certain matters: contraventions of licence or Act 7.2.02. Obligation to inform ASIC of certain matters: becoming director, secretary or executive officer of market licensee 7.2.03. Obligation to inform ASIC of certain matters: ceasing to be director, secretary or executive officer of market licensee 7.2.04. Obligation to inform ASIC of certain matters: voting power in market licensee 7.2.05. Giving ASIC information about a listed disclosing entity 7.2.06. Annual report of market licensee Division 2--The market's operating rules and procedures 7.2.07. Content of licensed market's operating rules 7.2.08. Content of licensed market's written procedures Division 3--Powers of the Minister and ASIC 7.2.09. Agencies for compliance assessment Division 4--The Australian market licence 7.2.10. Application of Division 4 7.2.11. Information 7.2.12. Documents Division 5--The Australian market licence 7.2.13. Application of Division 5 7.2.14. Information 7.2.15. Documents Division 6--The Australian market licence 7.2.16. Potential conflict situations Division 7.2A.1--Enforceable undertakings 7.2A.01.Enforceable undertakings Division 7.2A.2--Infringement notices 7.2A.02.Purpose of Division 7.2A.03.Definitions for Division 7.2A.2 7.2A.05.Statement of reasons must be given 7.2A.06.Contents of infringement notice 7.2A.07.Amount of penalty payable to the Commonwealth 7.2A.08.Compliance with infringement notice 7.2A.09.Extension of compliance period 7.2A.10.Effect of compliance with infringement notice 7.2A.11.Application to withdraw infringement notice 7.2A.12.Withdrawal of infringement notice by ASIC 7.2A.13.Notice of withdrawal of infringement notice 7.2A.14.Withdrawal of notice after compliance 7.2A.15.Publication of details of infringement notice PART 7.3----LICENSING OF CLEARING AND SETTLEMENT FACILITIES Division 1--Regulation of CS facility licensees 7.3.01. Obligation to inform ASIC of certain matters: becoming director, secretary or executive officer of CS facility licensee 7.3.02. Obligation to inform ASIC of certain matters: ceasing to be director, secretary or executive officer of CS facility licensee 7.3.03. Obligation to inform ASIC of certain matters: voting power in CS facility licensee 7.3.04. Annual report of CS facility licensee Division 2--Regulation of CS facility licensees 7.3.05. Content of licensed CS facility's operating rules 7.3.06. Content of licensed CS facility's written procedures Division 3--Regulation of CS facility licensees 7.3.07. Agencies for compliance assessment 7.3.08. Agencies for compliance assessment Division 4--The Australian CS facility licence 7.3.09. Application of Division 4 7.3.10. Information 7.3.11. Documents Division 5--The Australian CS facility licence 7.3.12. Application of Division 5 7.3.13. Information 7.3.14. Documents PART 7.4----LIMITS ON INVOLVEMENT WITH LICENSEES 7.4.01. Widely held market body 7.4.02. Record-keeping: market licensee 7.4.03. Record-keeping: CS facility licensee 7.4.04. Information for widely held market body PART 7.5----COMPENSATION REGIMES FOR FINANCIAL MARKETS Division 1--Preliminary 7.5.01. Definitions for Part 7.5 7.5.01A.Modification of Act: compensation regimes 7.5.02. Meaning of b ecoming insolvent 7.5.03. Meaning of dealer 7.5.04. Meaning of excluded person 7.5.06. Meaning of sale and purchase of securities 7.5.07. Meaning of securities business: general 7.5.08. Meaning of securities business: Subdivision 4.9 7.5.09. Meaning of security 7.5.10. Meaning of transfer of securities 7.5.13. Effect of contravention of Part 7.5 Division 2--When there must be a compensation regime 7.5.14. Application for Australian market licence: information about compensation arrangements Division 3--Approved compensation arrangements 7.5.15. Application for approval of compensation arrangements after grant of Australian market licence: information about compensation arrangements 7.5.16. Notification of payment of levies 7.5.17. Amount of compensation Division 4--NGF Compensation regime Subdivision 4.1--Preliminary 7.5.18. Application of Division 4 Subdivision 4.2--Third party clearing arrangements 7.5.19. Clearing arrangements Subdivision 4.3--Contract guarantees 7.5.24. Claim by selling client in respect of default by selling dealer: ASTC-regulated transfer 7.5.25. Claim by selling client in respect of default by selling dealer: transaction other than ASTC-regulated transfer 7.5.26. Claim by buying client in respect of default by buying dealer: ASTC-regulated transfer 7.5.27. Claim by buying client in respect of default by buying dealer: transaction other than ASTC-regulated transfer 7.5.28. Cash settlement of claim: ASTC-regulated transfer 7.5.29. Cash settlement of claim: transfer other than ASTC-regulated transfer 7.5.30. Making of claims Subdivision 4.7--Unauthorised transfer 7.5.53. Application of Subdivision 4.7 7.5.54. Claim by transferor 7.5.55. Claim by transferee or sub-transferee 7.5.56. How and when claim may be made 7.5.57. How claim is to be satisfied 7.5.58. Discretionary further compensation to transferor 7.5.59. Nexus with Australia Subdivision 4.8--Contraventions of ASTC certificate cancellation provisions 7.5.60. Claim in respect of contravention of ASTC certificate cancellation provisions 7.5.61. How and when claim may be made 7.5.62. How claim is to be satisfied 7.5.63. Discretionary further compensation Subdivision 4.9--Claims in respect of insolvent participants 7.5.64. Claim in respect of property entrusted to, or received by, dealer before dealer became insolvent 7.5.65. Cash settlement of claims if property unobtainable 7.5.66. Ordering of alternative claims and prevention of double recovery 7.5.67. No claim in respect of money lent to dealer 7.5.68. Nexus with Australia 7.5.69. No claim in certain other cases 7.5.70. Making of claims 7.5.71. Limits of compensation Subdivision 4.10--General 7.5.72. Power of SEGC to allow and settle claim 7.5.73. Application of Fund in respect of certain claims 7.5.74. Discretion to pay amounts not received etc because of failure to transfer securities 7.5.75. Reduction in compensation 7.5.76. Claimant may be required to exercise right of set-off 7.5.77. Effect of set-off on claim 7.5.78. Claimant entitled to costs and disbursements 7.5.79. Interest 7.5.80. SEGC to notify claimant if claim disallowed 7.5.81. Arbitration of amount of cash settlement of certain claims 7.5.83. Notification of payment of levies 7.5.84. Notification of payment of levies Subdivision 4.11--Other provisions relating to compensation 7.5.85. Prescribed body corporate with arrangements covering clearing and settlement facility support Division 5--Provisions common to both kinds of compensation arrangements 7.5.86. Excess money in National Guarantee Fund 7.5.87. Excess money in fidelity fund 7.5.88. Minister's arrangements for use of excess money from compensation funds 7.5.89. Payment of excess money from NGF 7.5.90. Use of excess money from NGF 7.5.91. Payment of excess money from fidelity fund 7.5.92. Use of excess money from fidelity fund 7.5.93. Qualified privilege PART 7.6----LICENSING OF PROVIDERS OF FINANCIAL SERVICES 7.6.01. Need for Australian financial services licence: general 7.6.01AAA.Particular financial products not exempted 7.6.01AA.Persons taken to hold financial services licences covering First Home Saver Accounts 7.6.01A.Providing financial services on behalf of a person who carries on a financial services business 7.6.01B.Need for Australian financial services licence: financial product advice provided by the media 7.6.01C.Obligation to cite licence number in documents 7.6.02. Alternative dispute resolution systems 7.6.02AAA.Compensation arrangements if financial services provided to persons as retail clients (Act s 912B) 7.6.02AA.Modification of section 912B of the Act: professional indemnity insurance and security instead of compensation arrangements 7.6.02AB.Modification of section 761G of the Act: meaning of retail client and wholesale client 7.6.02AC.Modification of section 761G of the Act: meaning of retail client and wholesale client 7.6.02AD.Modification of section 761G of the Act: meaning of retail client and wholesale client 7.6.02AE.Modification of section 9 of the Act: Definition of professional investor 7.6.02AF.Modification of section 761G of the Act: renewal period for accountants' certificates 7.6.02AG.Modification of section 911A of the Act 7.6.02AH.Modification of paragraph 911B (1) (e) of the Act 7.6.02A.Obligation to notify ASIC of certain matters 7.6.03. Applying for Australian financial services licence 7.6.03A.Australian financial services licence -- requirements for a foreign entity to appoint local agent 7.6.03B.Foreign entity must continue to have local agent 7.6.04. Conditions on Australian financial services licence 7.6.04A.Exemptions to notification of authorised representatives 7.6.05. Register of financial services licensees and register of authorised representatives of financial services licensees 7.6.06. ASIC register relating to persons against whom banning order or disqualification order is made 7.6.07. Restriction on use of certain words or expressions PART 7.6A----AUTHORISED REPRESENTATIVES 7.6.08. Authorised representatives PART 7.6B----PROVISION OF INFORMATION TO APRA ABOUT CONTRACTS OF INSURANCE 7.6.08A.Definitions 7.6.08B.Application 7.6.08C.Modification of section 912CA of the Act 7.6.08D.Information about general insurance products 7.6.08E.Information about general insurance products -- unauthorised foreign insurers CHAPTER 7--Financial services and markets PART 7.7----FINANCIAL SERVICE DISCLOSURE Division 1--Preliminary 7.7.01. How documents, information and statements are to be given Division 2--Financial Services Guide 7.7.02. Situations in which Financial Services Guide is not required 7.7.02A.Situations when Financial Services Guide is not required 7.7.03. Financial Services Guide given by financial services licensee: description of documents 7.7.03A.Financial Services Guide given by financial services licensee: compensation arrangements 7.7.04. Financial Services Guide given by financial services licensee: remuneration, commission and benefits 7.7.04A.Financial services guide given by financial services licensee: more detailed information about remuneration etc 7.7.05. Record of advice given by financial services licensee 7.7.05A.Financial Services Guide given by authorised representative of financial services licensee: authorised representative number 7.7.05B.Personalised Financial Services Guide 7.7.05C.Exemption from providing certain information in a Financial Services Guide 7.7.06. Financial Services Guide given by authorised representative of financial services licensee: description of documents 7.7.06A.Financial Services Guide given by authorised representative of financial services licensee -- licence number 7.7.06B.Financial Services Guide given by authorised representative of financial services licensee: compensation arrangements 7.7.07. Financial Services Guide given by authorised representative of financial services licensee: remuneration, commission and benefits 7.7.07A.Financial services guide given by authorised representative: more detailed information about remuneration etc 7.7.08. Record of advice given by authorised representative of financial services licensee Division 2A--Combined Financial Services Guide and Product Disclosure Statement 7.7.08A.Combined Financial Services Guide and Product Disclosure Statement Division 2AA--Combined Financial Services Guide and credit guide 7.7.08B.Modification of section 942DA of the Act Division 2B--Record of small investment advice 7.7.08C.Record of small investment advice -- content requirements Division 3--Statement of Advice 7.7.09. Situations in which statement of advice is not required: further advice 7.7.09A.Situations in which Statement of Advice is not required: small investments threshold 7.7.09AA.Statement of Advice from financial services licensee 7.7.09AB.Modification of subsection 947B (4) of the Act 7.7.09B.Statement of Advice from providing entity -- information not included in the Statement 7.7.09BA.Statement of Advice from authorised representative 7.7.09BB.Modification of subsection 947C (4) of the Act 7.7.09C.Requirement to keep Statement of Advice and other documents 7.7.10. Products for which a Statement of Advice is not required 7.7.10AA.Obligation on authorised representative to give a financial services guide 7.7.10AAA.Record of advice without a recommendation to purchase or sell -- content requirements 7.7.10AB.Financial services guide-- contents of guide 7.7.10AC.Financial services guide 7.7.10AD.Financial services guide 7.7.10AE.Situations in which Statement of Advice not required 7.7.10AF.Various consequential amendments to Division 7 of Part 7.7 concerning situations where Financial Services Guides do not have to be given 7.7.10AG.Various consequential amendments to Division 7 of Part 7.7 7.7.10AH.Business days 7.7.10A.Statements of Advice -- requirement to state information as amounts in dollars 7.7.10B.Insertion of definition -- further advice 7.7.10C.Omission of definition -- further market-related advice 7.7.10D.Additional information in Statement of Advice 7.7.10E.Additional information in Statement of Advice 7.7.11. Statement of Advice given by financial services licensee 7.7.11A.Statement of Advice given by authorised representative of financial services licensee -- licence number 7.7.11B.Statement of Advice -- disclosure of dollar amounts 7.7.12. Statement of Advice given by authorised representative of financial services licensee 7.7.13. Statement of Advice provided by authorised representative -- disclosure of dollar amounts 7.7.13A.Additional information about charges or benefits -- disclosure of dollar amounts 7.7.13B.Additional information about charges or benefits -- disclosure of dollar amounts Division 4--General advice provided to a retail client 7.7.14. Product Disclosure Statement not required Division 5--Other disclosure requirements 7.7.20. General advice to retail client -- no obligation to warn client 7.7.20A.Extension of disclosure requirements to wholesale clients dealing with certain unauthorised insurers Division 6--Exemptions from application of Part 7 7.7.21. Exemption from application of Part 7.7 of the Act PART 7.8----OTHER PROVISIONS RELATING TO CONDUCT ETC CONNECTED WITH FINANCIAL PRODUCTS AND FINANCIAL SERVICES, OTHER THAN FINANCIAL PRODUCT DISCLOSURE 7.8.01. Obligation to pay money into an account 7.8.02. Accounts maintained for section 981B of the Act 7.8.03. How money to be dealt with if licensee ceases to be licensed etc 7.8.04. Money to which Subdivision A of Division 2 of Part 7.8 of the Act applies taken to be held in trust: breach of financial services law 7.8.05. Money to which Subdivision A of Division 2 of Part 7.8 of the Act applies taken to be held in trust: risk accepted by insurer 7.8.06. Statement setting out terms of loan etc 7.8.06A.Property exempt from Division 3 of Part 7.8 of the Act 7.8.07. How property to which Division 3 of Part 7.8 of the Act to be dealt with 7.8.08. Debts of financial services licensee in relation to premiums etc 7.8.08A.Limit of margin lending facility taken to be increased 7.8.08B.Exemption from requirement to make unsuitability assessment 7.8.09. Reasonable inquiries etc about retail client: inquiries 7.8.09A.Modification of section 985G of the Act 7.8.10. Circumstances in which margin lending facility is unsuitable 7.8.10A.Margin lending facility taken not to be unsuitable 7.8.11. Particular categories of information to be shown in records 7.8.12. Requirements in relation to financial records of financial services licensees 7.8.13. Auditor's report with annual profit and loss statement and balance sheet 7.8.14. Contents of annual profit and loss statement and balance sheet and applicable accounting procedures 7.8.14A.Lodgement of annual profit and loss statement and balance sheet 7.8.15. Appointment of auditor by financial services licensee 7.8.16. When person is ineligible to act as auditor of financial services licensee 7.8.17. Priority to clients' orders 7.8.18. Instructions to deal through licensed markets 7.8.19. Records of instructions to deal on licensed markets and foreign markets 7.8.20. Dealings with non-licensees 7.8.20A.Dealings involving employees of financial service licensees -- risk insurance products 7.8.21. Dealings involving employees of financial services licensees 7.8.21A.Anti-hawking provisions if no Product Disclosure Statement is required 7.8.22. Hours for hawking certain financial products 7.8.22A.Modification of Part 7.8 7.8.22B.Return of financial product: first home saver accounts 7.8.23. Return of financial product: transfer between superannuation entities or RSAs 7.8.24. Right of return not to apply 7.8.25. Variation of amount to be repaid PART 7.9----FINANCIAL PRODUCT DISCLOSURE AND OTHER PROVISIONS RELATING TO ISSUE AND SALE OF FINANCIAL PRODUCTS Division 1--Preliminary 7.9.01. Interpretation 7.9.02. Sub-plans 7.9.02A.Alternative ways of giving Statement 7.9.02B.Product Disclosure Statement in electronic form Division 2--Arrangements for Product Disclosure Statements in relation to superannuation products and RSA products Subdivision 2.1--Preliminary 7.9.03. Application of Division 2 7.9.04. Product Disclosure Statement to be provided later Subdivision 2.3--Product Disclosure Statement for retirement savings account 7.9.05. Situation in which Product Disclosure Statement is not required 7.9.06A.Relevant superannuation entities 7.9.06B.Application forms Subdivision 2.5--Product Disclosure Statement for insurance options 7.9.07. Modification of Act: Product Disclosure Statement in relation to insurance options Division 2A--Product Disclosure Statement for warrants 7.9.07A.Warrants Division 2B--Product Disclosure Statement for market-traded derivatives 7.9.07B.Product Disclosure Statements for certain market-traded derivatives 7.9.07C.Remedies for Product Disclosure Statements for certain market-traded derivatives Division 2BA--Product Disclosure Statement for discretionary mutual funds 7.9.07CA.Extension of Product Disclosure Statement requirements to wholesale clients Division 2C--Situations where a Product Disclosure Statement is not required 7.9.07D.Product Disclosure Statement not required for offers of bundled contracts of insurance 7.9.07E.Product Disclosure Statement not required if offer of financial product is declined 7.9.07F.Product Disclosure Statement not required if the client is not contactable 7.9.07FA.Product Disclosure Statement not required for certain specified products 7.9.07FB.Product Disclosure Statement not required if client not in this jurisdiction 7.9.07FC.Product Disclosure Statement not required general insurance situation Division 2D--Preparation and content of Product Disclosure Statements 7.9.07J.Only 1 responsible person for a Product Disclosure Statement 7.9.07K.Definition of defective: Product Disclosure Statement, Short-Form PDS or Replacement Product Disclosure Statement Division 3--Dealing with money received for financial product before the product is issued 7.9.08. Accounts 7.9.08A.Dealing with interest 7.9.08B.Crediting of payments before money is received 7.9.08C.Money held in trust for a superannuation product or RSA product 7.9.08D.Statutory funds under the Life Insurance Act 1995 Division 3A--Rights and obligations related to Product Disclosure Statement -- first home saver accounts 7.9.08E.Application forms Division 4--Content of Product Disclosure Statements Subdivision 4.1--Preliminary 7.9.09. Application of Division 4 Subdivision 4.2--Content of Product Disclosure Statements for First Home Saver Accounts 7.9.10. Application of Subdivision 7.9.10A.Definitions 7.9.10B.Modification of Act 7.9.10C.Product Disclosure Statement consisting of 2 or more documents 7.9.10D.Manner of giving Product Disclosure Statement for first home saver accounts 7.9.10E.Form and content of Product Disclosure Statement Subdivision 4.2A--Form and content of Product Disclosure Statement for margin loan 7.9.11. Application of Subdivision 4.2A 7.9.11A.Provisions of Part 7.7 of Act that do not apply in relation to margin loan 7.9.11B.Definitions for Subdivision 4.2A 7.9.11C.Modification of Act -- margin loan 7.9.11D.Form and content of Product Disclosure Statement for margin loan 7.9.11E.Requirements for references to incorporated information for margin loan 7.9.11F.Retention of copies of Product Disclosure Statement for margin loan 7.9.11G.Requirement to provide copy of Product Disclosure Statement for margin loan free of charge 7.9.11H.Notification about change to Approved Securities List or current interest rate for margin loan 7.9.11K.Application of Subdivision 4.2B 7.9.11L.Provisions of Part 7.7 of Act that do not apply in relation to superannuation product 7.9.11M.Provisions of Part 7.9 of Act that do not apply in relation to superannuation product 7.9.11N.Modification of Act -- superannuation product 7.9.11O.Form and content of Product Disclosure Statement for superannuation product 7.9.11P.Requirements for references to incorporated information for superannuation product 7.9.11Q.Retention of copies of Product Disclosure Statement for superannuation product 7.9.11R.Requirement to provide copy of Product Disclosure Statement for superannuation product free of charge Subdivision 4.2C--Content of Product Disclosure Statement for simple managed investment scheme 7.9.11S.Application of Subdivision 4.2C 7.9.11T.Provisions of Part 7.7 of Act that do not apply in relation to simple managed investment scheme 7.9.11U.Provisions of Part 7.9 of Act that do not apply in relation to simple managed investment scheme 7.9.11V.Modification of Act -- simple managed investment scheme 7.9.11W.Form and content of Product Disclosure Statement for simple managed investment scheme 7.9.11X.Requirements for references to incorporated information for simple managed investment scheme 7.9.11Y.Retention of copies of Product Disclosure Statement for simple managed investment scheme 7.9.11Z.Requirement to provide copy of Product Disclosure Statement for simple managed investment scheme free of charge Subdivision 4.3--Other arrangements for Product Disclosure Statements and application forms 7.9.12. Modification of Act: Product Disclosure Statements and application forms for standard employer-sponsors and successor funds 7.9.13. Offer of superannuation interest without application or eligible application 7.9.13A.Remedies for person acquiring financial product under defective Product Disclosure Statement: first home saver accounts 7.9.14. Remedies for person acquiring financial product under defective Product Disclosure Statement: superannuation and RSAs 7.9.14A.Treatment of arrangements under which a person can instruct another person to acquire a financial product Subdivision 4.4--Product information for certain insurance products 7.9.14B.Product information Division 4A--General 7.9.14C.Labour standards and environmental, social and ethical considerations 7.9.14D.Further statements required in Product Disclosure Statement -- financial claims scheme 7.9.15. More detailed information in Product Disclosure Statement: unauthorised foreign insurer 7.9.15A.Product Disclosure Statements -- requirement to state information as amounts in dollars 7.9.15B.Product Disclosure Statements -- disclosure of dollar amounts 7.9.15C.Product Disclosure Statements -- disclosure of dollar amounts 7.9.15CA.Less information in Product Disclosure Statement -- financial claims scheme 7.9.15D.Less information in product disclosure statement: general insurance product 7.9.15DA.Statement or information not included in a Product Disclosure Statement 7.9.15DB.Requirement to keep record of Product Disclosure Statement and other documents 7.9.15DC.Requirement to lodge documents mentioned in a Product Disclosure Statement with ASIC 7.9.15E.More detailed information in product disclosure statement: general insurance product 7.9.15F.Product disclosure statement: general insurance product 7.9.15FA.Transitional arrangements for regulations 7.9.15D, 7.9.15E and 7.9.15F 7.9.15G.Business days 7.9.15H.New section 1012G: product disclosure statement may sometimes be provided later 7.9.15I.Modification of section 1012IA 7.9.16. More detailed information in Product Disclosure Statement: consumer credit insurance product 7.9.16A.Small scale offerings of managed investment and other prescribed financial products (20 issues or sales in 12 months) Division 4B--Ongoing disclosure 7.9.16G.Ongoing disclosure of material changes and significant events Division 4C--Fee Disclosure for certain financial products Subdivision 4C.1--Application 7.9.16J.Application of Division 4C to financial products 7.9.16JA.Application of Division 4C to financial products -- temporary arrangements 7.9.16K.Application of Division 4C to periodic statements and Product Disclosure Statements 7.9.16L.More detailed information about fees and costs 7.9.16M.Modification of section 1015C of the Act 7.9.16N.Presentation, structure and format of fees and costs in Product Disclosure Statements Subdivision 4C.3--Periodic statements 7.9.16O.Presentation, structure and format of fees and charges in periodic statements Division 4D--Other requirements relating to Product Disclosure Statements and Supplementary Product Disclosure Statements Subdivision 4D.1--Requirement to lodge a notice with ASIC 7.9.16T.Variation of paragraph 1015D (2) (b) of the Act Division 5--Ongoing requirements for product disclosure after person becomes a member Subdivision 5.1--Preliminary 7.9.17. Application of Division 5 Subdivision 5.2--Periodic statements for retail clients for financial products that have an investment component: regulated superannuation funds, ADFs and RSAs 7.9.18. Application of Subdivision 5.2 7.9.19. Specific requirements for periodic statements: superannuation funds (other than self managed superannuation funds) and RSAs 7.9.19A.Withdrawal benefit -- fees, charges or expenses 7.9.19B.Withdrawal benefit -- fees, charges and expenses 7.9.20. Specific requirements for certain periodic statements: superannuation funds (other than self managed superannuation funds) 7.9.20AA.Specific requirements for certain periodic statements: superannuation funds (other than self managed superannuation funds) -- long-term returns 7.9.20A.Details of other significant benefits -- disclosure of fees, charges or expenses 7.9.20B.Other significant benefits -- disclosure of fees, charges or expenses 7.9.21. Specific requirements in particular cases: member (other than capital guaranteed member) of fund other than a self managed superannuation fund 7.9.22. Specific requirements: capital guaranteed funds and RSAs 7.9.23. Information for capital guaranteed fund: benefits reach $10 000 7.9.24. Modification of Act: pensioners, members subject to compulsory protection of small amounts and members with small amounts that are expected to grow quickly Subdivision 5.3--Periodic statements for retail clients for financial products that have an investment component: information for RSAs 7.9.25. Application of Subdivision 5.3 7.9.26. Specific requirements where applicable: RSAs 7.9.27. Modification of Act: periodic statements for RSA holders 7.9.28. Information for RSA: amount reaches $10 000 Subdivision 5.4--Periodic statements for retail clients for financial products that have an investment component: additional information for superannuation entities and RSA providers 7.9.29. Application of Subdivision 5.4 7.9.30. Additional information for change to choices Subdivision 5.4A--Periodic statements for retail clients for financial products that have an investment component: additional information for margin lending facilities 7.9.30A.Application of Subdivision 5.4A 7.9.30B.Details to be included in periodic statements for margin lending facilities Subdivision 5.5--Fund information for retail clients for financial products that have an investment component: superannuation 7.9.31. Application of Subdivision 5.5 7.9.32. Reporting periods: general 7.9.33. Use of more than 1 document Subdivision 5.6--Fund information for retail clients for financial products that have an investment component: fund information for regulated superannuation funds and ADFs 7.9.34. Application of Subdivision 5.6 7.9.35. General requirement 7.9.36. Specific requirements in all cases 7.9.37. Specific requirements in particular cases 7.9.38. Specific information in particular case: self managed superannuation fund 7.9.39. Benefits determined by life insurance products Subdivision 5.7--Fund information for retail clients for financial products that have an investment component: fund information for pooled superannuation trusts 7.9.40. Application of Subdivision 5.7 7.9.41. Specific requirements in all cases 7.9.42. Specific requirements in particular cases Subdivision 5.8--Ongoing disclosure of material changes and significant events 7.9.43. Modification of Act: disclosure of material changes and significant events in relation to superannuation products and RSA products 7.9.44. Benefits to be paid to eligible rollover fund Subdivision 5.9--Information on request: members 7.9.45. Regulated superannuation funds, ADFs and pooled superannuation trusts Subdivision 5.7--of Division 5; or 7.9.46. RSAs Subdivision 5.10--Information on request: payments 7.9.47. Modification of Act: charges for information requested Subdivision 5.11--Information about complaints 7.9.48. Complaints: regulated superannuation fund or approved deposit fund Subdivision 5.12--Periodic report when product holder ceases to hold product: superannuation products and RSA products 7.9.49. Application of Subdivision 5.12 7.9.50. Exit reporting period 7.9.51. Time for compliance 7.9.52. General requirement 7.9.53. Information on death of product holder 7.9.54. Specific requirements in all cases 7.9.55. Specific requirements in particular cases 7.9.56. Exceptions to exit reporting period provisions: superannuation products and RSA products 7.9.57. Exception -- members subject to compulsory protection of small amounts 7.9.58. Information to be given in cases other than death of RSA holder 7.9.59. Information to be given where applicable 7.9.60. Modification of Act: exceptions to exit reporting period provisions Division 5AA--General requirements for financial disclosure 7.9.60A.Modification of Act: disclosure 7.9.60B.Disclosure of transactions in periodic statements Division 5AB--Short-Form Product Disclosure Statements 7.9.61AA.Modification of the Act: Short-Form Product Disclosure Statements Division 5A--Dealing with money received for financial product before the product is issued 7.9.61A.Lost application money 7.9.61B.Issue of substitute insurance product 7.9.61C.Cheques Division 5B--Confirming transactions 7.9.61D.Transactions involving superannuation products Division 6--Confirmation of transactions 7.9.62. Confirmation of transaction: superannuation products and RSAs 7.9.63. Confirmation of transactions: precise costs of transaction not known 7.9.63A.Persons who must confirm transactions 7.9.63B.Content of confirmation of transactions -- general 7.9.63C.Confirmation of transaction -- multiple transactions 7.9.63D.Confirmation of transaction -- information about cooling-off period 7.9.63E.Confirmation of transaction -- facility that provides written confirmation 7.9.63F.Confirmation of transaction -- acquisition of financial product 7.9.63G.Confirmation of transaction -- disposal of financial product 7.9.63H.Certain product issuers and regulated persons must meet appropriate dispute resolution requirements -- self managed superannuation funds 7.9.63I.Confirmation of transaction in electronic form Division 7--Cooling-off periods 7.9.64. Cooling-off periods not to apply 7.9.64A.Notification of exercise of right of return -- risk insurance products 7.9.65. Return of financial product: general 7.9.65A.Return of financial product: first home saver accounts 7.9.66. Return of financial product: superannuation and RSAs 7.9.67. Variation of amount to be repaid 7.9.68. Modification of section 1019B of the Act: client includes standard employer-sponsor 7.9.69. Modification of provisions of Division 5 of Part 7.9 of the Act: terms of contract 7.9.70. Modification of provisions of Division 5 of Part 7.9 of the Act: distributions Division 8--Other requirements 7.9.71. Modification of section 1017D of the Act: use of more than 1 document 7.9.71A.Periodic statements -- exemption for passbook accounts 7.9.72. Modification of section 1017D of the Act: information already given 7.9.73. Reporting periods: general 7.9.74. Form of application 7.9.74A.Periodic statements -- requirement to state information as amounts in dollars 7.9.74B.Periodic statements -- additional details for First Home Saver Accounts 7.9.75. Content of periodic statements: costs of transactions 7.9.75A.Ways of giving information 7.9.75B.Information in electronic form 7.9.75BA.Fund information made available on a website 7.9.75C.Periodic statements -- disclosure of amounts 7.9.75D.Periodic statements -- disclosure of amounts 7.9.76. Consents to certain statements 7.9.77. Alternative dispute resolution requirements -- product issuer that is not a financial services licensee 7.9.78. Additional statement: trustee required to provide benefits 7.9.80B.Short selling of certain warrants Division 9--Additional requirements for transfer of lost members and lost RSA holders 7.9.81. Lost members 7.9.82. Lost RSA holders Division 11--Superannuation to which arrangements apply under the 7.9.84. Definitions for Division 11 7.9.85. Application of Division 11 7.9.86. Acquisition of financial product 7.9.87. Modification of Act: Product Disclosure Statement in relation to superannuation interest under Family Law Act 7.9.88. Statement content in relation to superannuation interest under Family Law Act: superannuation fund 7.9.89. Statement content in relation to superannuation interest under Family Law Act: RSA 7.9.90. Information for existing holders of superannuation products and RSA products in relation to superannuation interest 7.9.91. Periodic statements for retail clients for financial products that have an investment component -- general 7.9.92. Periodic statements for retail clients for financial products that have an investment component -- superannuation interest other than percentage-only interest 7.9.93. Trustees of superannuation entities -- additional obligation to provide information in relation to superannuation interest 7.9.94. Division 5 of Part 7.9 of the Act not to apply in relation to non-member spouse Division 12--Medical indemnity insurance 7.9.95. Medical indemnity insurance -- exemption from product disclosure provisions Division 13--Unsolicited offers to purchase financial products off market 7.9.96. Percentage increase or decrease in the market value of a product 7.9.97. Off-market trading by professional investors etc 7.9.97A.Information in offer document if payment is to be made in instalments Division 14--Exemptions from Parts 7 7.9.98. Certain providers of financial services exempted from the requirements of Parts 7.7, 7.8 and 7.9 of the Act Division 15--Disclosure in relation to short sales covered by securities lending arrangement of listed section 1020B products 7.9.99. Interpretation 7.9.100.Seller disclosure 7.9.100A.Seller disclosure of existing short position 7.9.101.Licensee disclosure 7.9.102.Public disclosure of information PART 7.10----MARKET MISCONDUCT AND OTHER PROHIBITED CONDUCT RELATING TO FINANCIAL PRODUCTS AND FINANCIAL SERVICES 7.10.01.Division 3 financial products 7.10.02.Prescribed schemes (Act s 1044B (2) (a)) PART 7.11----TITLE AND TRANSFER Division 1--Preliminary 7.11.01.Definitions 7.11.02.Authorised trustee corporation 7.11.03.Arrangements about Division 4 financial products 7.11.04.Arrangements for forms 7.11.05.Document duly completed in accordance with a particular form 7.11.06.Stamping of documents 7.11.07.Application of Division 3 of Part 7.11 of the Act to certain bodies 7.11.08.Interests in registered schemes Division 2--Application of Part 7 7.11.09.Application Division 3--Transfer of Division 3 securities effected otherwise than through a prescribed CS facility 7.11.10.Application of Division 3 7.11.11.Sufficient transfer: general 7.11.12.Sufficient transfer of Division 3 assets: authorised trustee corporation 7.11.13.Sufficient transfer of Division 3 rights: authorised trustee corporation 7.11.14.Sufficient transfer 7.11.15.Transferee's execution of transfer of Division 3 assets 7.11.16.Transferee's execution of transfer of Division 3 rights 7.11.17.Transfer document that purports to bear stamp of transferor's broker 7.11.18.Warranties by market licensee if transfer document purports to bear its stamp 7.11.19.Indemnities by market licensee and broker if transfer document purports to bear their stamps 7.11.20.Joint and several warranties and liabilities 7.11.21.Registration of certain instruments 7.11.22.Details to be included in instrument of transfer Division 4--Transfer of Division 4 financial products effected through prescribed CS facility 7.11.23.Application of Division 4 7.11.24.Application of ASTC operating rules 7.11.25.Participant's authority to enter into transaction continues despite client's death 7.11.26.Authority to enter into transaction gives authority to transfer 7.11.27.Effect of proper ASTC transfer on transferee: Division 4 financial products other than rights 7.11.28.Effect of proper ASTC transfer on transferee: rights 7.11.29.Warranties by participant if identification code is included in transfer document 7.11.30.Indemnities in respect of warranted matters: transfer not effected by the participant 7.11.31.Indemnities in respect of warranted matters: transferor not legally entitled or authorised to transfer Division 4 financial products 7.11.32.Indemnities in respect of warranted matters: participant not authorised to effect transfer 7.11.33.Joint and several warranties and liabilities 7.11.34.ASTC entitled to assume its operating rules complied with 7.11.35.ASTC-regulated transfer not to be registered unless proper ASTC transfer 7.11.36.Issuer not to refuse to register proper ASTC transfer 7.11.37.Determination of who holds Division 4 financial products for the purposes of meeting 7.11.38.Determination of who holds Division 4 financial products in class of Division 4 financial products for the purposes of meeting 7.11.39.Determination of who holds Division 4 financial products for the purposes of conferring security benefits Division 5--Offences 7.11.40.Stamping of broker's stamp on sufficient transfer 7.11.41.Inclusion of identification codes in proper ASTC transfers 7.11.42.Contravention by participant of the ASTC certificate cancellation provisions relating to use of cancellation stamps Division 6--Civil liability 7.11.43.Contravention by participant of the ASTC certificate cancellation provisions PART 7.12----MISCELLANEOUS 7.12.01.Destruction of records by ASIC CHAPTER 8--Mutual recognition of securities offers PART 8.1----PRELIMINARY 8.1.01. Prescribed foreign recognition scheme (Act s 1200A (1)) 8.1.02. Prescribed offeror (Act s 1200A (1)) 8.1.03. Prescribed recognised jurisdiction (Act s 1200A (1)) PART 8.2----FOREIGN OFFERS THAT ARE RECOGNISED IN THIS JURISDICTION Division 1--Recognised offers 8.2.01. Prescribed offer (Act s 1200C (4)) [see Note 6] 8.2.02. Prescribed warning statements (Act s 1200E) 8.2.03. Prescribed details to be given in warning statements (Act s 1200E (b)) 8.2.04. Prescribed home regulators (Act s 1200G (13) and (14)) Division 4--Modification of the Act in relation to its application to recognised offers for interests in New Zealand managed investment schemes 8.4.01. Modification of Part 7.9 of the Act -- New Zealand offer documents replace Product Disclosure Statements 8.4.02. Modification of Part 6D.2 of the Act and Part 7.9 of the Act -- certain disclosure obligations not to apply CHAPTER 9--Miscellaneous PART 9.1----REGISTERS AND REGISTRATION OF DOCUMENTS 9.1.01. Prescribed registers 9.1.02. Prescribed information PART 9.2----REGISTRATION OF AUDITORS AND LIQUIDATORS Division 2--Registration 9.2.01. Practical experience in auditing (Act s 1280 (2)) 9.2.02. Prescribed universities and institutions (Act ss 1280 (2A) and 1282 (2)) 9.2.03. Prescribed courses (Act s 1280 (2A)) Division 2A--Conditions on registration 9.2.08. Kinds of conditions (Act s 1289A) PART 9.2A----AUTHORISED AUDIT COMPANIES Division 1--Registration 9.2A.01.Application for registration as authorised audit company (Act s 1299A) 9.2A.03.Annual statements by authorised audit company (Act s 1299G) PART 9.4----PENALTY NOTICE OFFENCES AND PENALTIES 9.4.01. Prescribed offences (Act s 1313) 9.4.02. Prescribed penalties (Act s 1313) 9.4.03. Late payment of review fee -- prescribed offence and penalty (Act s 1313 and 1364) PART 9.4A----REGISTER AND INDEX 9.4A.01.Definitions for Part 9.4A 9.4A.02.Register and index must be kept up to date: subsection 1306 (4A) of the Act PART 9.5----DELEGATION OF POWERS AND FUNCTIONS UNDER THE ACT 9.5.01. Prescribed functions (Law s 1345A (1)) PART 9.12----MATTERS RELATING TO REGULATIONS 9.12.01.Exemptions from Chapter 7 9.12.02.Exemption from provisions of Chapter 7 -- CLS Bank 9.12.03.Partial exemption of foreign-based market licensees from certain notification obligations CHAPTER 10--Repeals PART 10.1----OLD CORPORATIONS REGULATIONS 10.1.01.Repeal of Corporations Regulations 1990 10.1.02.Repeal of Partnerships and Associations Application Order 1999 (No. 1) PART 10.2----TRANSITIONAL ARRANGEMENTS RELATING TO FINANCIAL SERVICES REFORM LEGISLATION Division 1--Preliminary 10.2.01.Application of Part 10.2 10.2.02.Definitions 10.2.02A.References to transition periods 10.2.02B.References to the application of Division 2 of Part 7.9 of the Act Division 1A--Treatment of proposed markets that have not started to operate by the FSR commencement 10.2.02C.Proposed markets Division 2--Transitional arrangements relating to business rules or listing rules Subdivision 2.1--Business rules 10.2.03.Amendment of business rules of securities exchange before FSR commencement 10.2.04.Amendment of SCH business rules before FSR commencement 10.2.05.Amendment of SEGC business rules before FSR commencement 10.2.06.Amendment of business rules of futures body before FSR commencement Subdivision 2.2--Listing rules 10.2.07.Amendment of listing rules of securities exchange before FSR commencement Division 3--Status of directions and notices 10.2.08.Direction to securities exchange to comply with ongoing requirements 10.2.09.Notice to securities exchange of need to prohibit trading 10.2.10.Notice to securities exchange prohibiting trading 10.2.11.Direction to futures exchange -- orderly market Division 4--Assistance to ASIC 10.2.12.Obligations of securities exchange: disciplinary action 10.2.13.Obligations of securities exchange: particulars of contravention 10.2.14.Obligations of securities exchange: information about listed disclosing entity 10.2.15.Obligations of securities clearing house: disciplinary action 10.2.16.Obligations of futures body: disciplinary action 10.2.17.Obligations of futures body: particulars of contravention 10.2.18.Obligations of clearing house for futures exchange: information about listed disclosing entity Division 5--Special reports 10.2.19.Special report by securities exchange about compliance with ongoing requirements 10.2.20.Special report by securities exchange about compliance with ongoing requirements: ASIC requirements Division 5A--Transactions by holder of financial services licence or a representative of the holder of such a licence 10.2.20A.References to financial service licensee Division 5B--Obligation to pay money into account 10.2.20B.Financial products quoted on Australian Stock Exchange Limited Division 6--Self-listing 10.2.21.Status of arrangements for self-listing 10.2.22.Status of exemption relating to self-listing Division 7--Decisions about membership of futures exchange 10.2.23.Status of notice to applicant 10.2.24.Status of notice to ASIC Division 8--National Guarantee Fund 10.2.25.Status of claim against the National Guarantee Fund 10.2.26.Entitlement to make claim against the National Guarantee Fund 10.2.27.Status of future claim against the National Guarantee Fund 10.2.27A.Expenditure of excess funds from National Guarantee Fund Division 9--Claims against fidelity funds 10.2.28.Status of claim against fidelity fund 10.2.29.Entitlement to make claim against fidelity fund 10.2.29A.Status of incomplete claim against fidelity fund 10.2.30.Status of future claim against fidelity fund Division 10--Status of netting markets 10.2.31.Netting markets 10.2.32.Netting market approval granted before the FSR commencement Division 11--Status of listed securities 10.2.33.Securities of exempt stock markets Division 12--Miscellaneous 10.2.34.Preservation of nomination of body corporate as SEGC Division 13--Regulated principals 10.2.35.Definitions 10.2.35A.Streamlined licensing procedure for certain regulated principals 10.2.36.Persons who are not covered by section 1433 of the Act 10.2.37.Variation of conditions on financial services licence 10.2.38.Persons taken to be regulated principals: giving of incidental advice and previously exempt persons 10.2.39.Reference to offer covered by Australian financial services licence: section 911A of the Act 10.2.40.Reference to financial services licensee: section 911A of the Act 10.2.40A.Need for an Australian financial services licence 10.2.41.Reference to second principal: section 911B of the Act 10.2.42.Reference to financial services licensee: section 916D of the Act 10.2.43.Status of insurance agent: section 1436A of the Act 10.2.44A.Obligation to cite licence number in documents 10.2.46.When Australian financial services licence may be granted 10.2.46A.When Australian financial services licence may be varied 10.2.47.Dispute resolution requirements: no external dispute resolution scheme 10.2.47A.Modification of pre-FSR authority Division 14--Financial services disclosure 10.2.48.Obligation to give Financial Services Guide for service arranged before application of Part 7.7 of the Act 10.2.48A.Obligation to give a Financial Services Guide for a custodial and depository service 10.2.49.Obligation to give Financial Services Guide in relation to existing clients 10.2.50.Content of Financial Services Guide for an authorised representative that is a regulated principal or a representative of a regulated principal 10.2.50A.Treatment of arrangements under which a person can instruct another person to acquire a financial product Division 15--Other provisions relating to conduct etc 10.2.51.Sale offers that need disclosure 10.2.52.Offers that do not need disclosure: small scale offerings 10.2.52A.Offers that do not need disclosure 10.2.53.Money other than loans: financial services licensee who formerly held dealer's licence 10.2.54.Money other than loans: financial services licensee who formerly held futures broker's licence 10.2.55.Money other than loans: financial services licensee who was formerly a registered insurance broker 10.2.56.Money other than loans: financial services licensee who ceases to be licensed 10.2.57.Loan money: financial services licensee who formerly held dealer's licence 10.2.58.Other property of clients: financial services licensee who formerly held dealer's licence 10.2.59.Other property of clients: financial services licensee who formerly held futures broker's licence 10.2.60.Special provisions relating to insurance: financial services licensee who was formerly a registered insurance broker 10.2.61.Obligation to report: financial services licensee who formerly held a futures broker's licence 10.2.62.Reporting in relation to dealings in derivatives: financial services licensee who formerly held a dealer's licence 10.2.63.Financial statements of financial services licensee: general 10.2.64.Financial statements of financial services licensees who were certain regulated principals 10.2.65.Auditors: certain financial services licensee who formerly held dealer's licence 10.2.66.Auditors: certain financial services licensees who held a futures broker's licence 10.2.67.Auditor's report in certain matters: financial services licensee who formerly held a dealer's licence 10.2.68.Auditor's report on certain matters: financial services licensee who formerly held a futures broker's licence 10.2.69.Auditor's report on certain matters: financial services licensee who was formerly a registered insurance broker 10.2.70.Priority to clients' orders: financial services licensee who held a dealers licence 10.2.71.Sequencing of instructions to deal through licensed markets: financial services licensee who formerly held a futures brokers licence 10.2.72.Records relating to instructions to deal through licensed markets: financial services licensee who held a futures brokers licence 10.2.73.Dealing with non-licensees: financial services licensee who held a dealers licence 10.2.73A.Advertising for financial products 10.2.73B.Freezing accounts Division 16--Product disclosure provisions for existing products during transition period 10.2.74.Financial products in the same class 10.2.75.References to financial services licensee 10.2.76.References to retail client 10.2.77.References to issue of product 10.2.78.References to Product Disclosure Statement: offer previously accepted 10.2.79.References to Product Disclosure Statement: managed investment products 10.2.80.Lodgment of Product Disclosure Statement after lodgment of notice 10.2.81.Ongoing disclosure 10.2.82.Money received for financial product before the product is issued: general 10.2.83.Money received for financial product before the product is issued: requirement before application of subsection 37 (2) of Insurance (Agents and Brokers) Act 1984 10.2.84.Confirmation of transactions 10.2.85.Dispute resolution requirements: financial products 10.2.86.Dispute resolution requirements: regulated principals 10.2.87.Dispute resolution requirements: no external dispute resolution scheme 10.2.87A.Meaning of financial product advice: exempt document or statement Division 17--Arrangements relating to enforcement of matters by ASIC 10.2.88.Definition 10.2.89.Financial services law 10.2.90.ASIC may have regard to prior conduct and events 10.2.91.Power to act in relation to relevant old legislation Division 18--Specific kinds of documents in existence before FSR commencement 10.2.92.Banning orders made before FSR commencement 10.2.93.Banning orders made under relevant old legislation after FSR commencement 10.2.94.Banning orders made under the Act after FSR commencement 10.2.94A.Prohibitions under paragraphs 827 (1) (d) and 1192 (1) (d) of the old Corporations Act made before FSR commencement 10.2.94B.Prohibitions under paragraphs 827 (1) (d) and 1192 (1) (d) of the old Corporations Act made after FSR commencement 10.2.95.Undertakings 10.2.96.Registers in existence before FSR commencement 10.2.97.Registers created after FSR commencement 10.2.98.Registers, documents and things kept before FSR commencement 10.2.98A.Licenses, registration, etc in force before FSR commencement Division 19--Extension of limitation periods 10.2.99.Application of items 111 and 121 of the Financial Services Reform (Consequential Provisions) Act 2001 to amendments of the Australian Securities and Investments Commission Act 2001 Division 20--Rules for dealing with liability during transition period 10.2.100.Application of Division 20 10.2.101.Definitions for Division 20 10.2.102.Liability of responsible person: general rules 10.2.103.Conduct by a person who operates as representative and principal 10.2.104.Operation of regulations 10.2.102 and 10.2.103 Division 21--Title and transfer 10.2.105.Loss or destruction of certificates 10.2.106.Instrument of transfer 10.2.107.Trustee etc may be registered as owner of shares 10.2.108.Registration of transfer at request of transferor 10.2.109.Notice of refusal to register transfer 10.2.110.Duties of company with respect to issue of certificates: allotment of shares or debentures or making interests available 10.2.111.Duties of company with respect to issue of certificates: transfer of shares, debentures or interests 10.2.112.Notices relating to non-beneficial and beneficial ownership of shares 10.2.113.What is a sufficient transfer of marketable securities or marketable rights: general 10.2.114.Sufficient transfer by authorised trustee corporation 10.2.115.Determination of who holds quoted securities for the purposes of a meeting: determination made before FSR commencement Division 22--Transitional matters under relevant old legislation 10.2.116.Cash dealer 10.2.117.Exempt cash transaction Division 23--Transitional matters under relevant old legislation 10.2.118.Offshore banking units Division 24--Transitional matters under relevant old legislation 10.2.119.Insurers carrying on class of insurance business Division 24A--Transitional matters under relevant old legislation 10.2.119A.Debts of broker in relation to premiums etc 10.2.119B.Disqualifications made before FSR commencement 10.2.119C.Disqualifications made after FSR commencement Division 25--Transitional matters under relevant old legislation 10.2.120.Marine policy effected through broker Division 25A--Transitional matters under relevant old legislation 10.2.120A.Continuation of RSA Regulations during transition period Division 25B--Transitional matters under relevant old legislation 10.2.120B.Continuation of SIS Regulations during transition period Division 26--Transitional matters under relevant old legislation 10.2.121.Life insurance broker Division 27--Transitional matters under the Act 10.2.122.Solvency and insolvency 10.2.123.Managed investment products held by 100 or more persons 10.2.124.When a managed investment scheme must be registered 10.2.125.Responsible entity to be a public company and hold an Australian financial services licence 10.2.126.Duties of officers of responsible entity 10.2.127.Voidable contracts 10.2.128.Situations not giving rise to relevant interests 10.2.129.Bidder's statement content 10.2.130.Continuous disclosure: other disclosing entities 10.2.131.Sale offers that need disclosure: securities issued before FSR commencement 10.2.132.Offers that do not need disclosure: offer to sophisticated investor through licensed dealer 10.2.133.Prospectus content: general disclosure test 10.2.134.Prospectus content -- specific disclosures 10.2.135.Registers Division 27A--Transitional matters under other legislation 10.2.135A.References to authorised foreign exchange dealers Division 28--Retail clients and wholesale clients 10.2.136.Securities before the FSR commencement 10.2.137.Incomplete financial services 10.2.138.Professional investors Division 29--Effect on definitions in old Corporations Act of transition to licensed markets and licensed CS facilities 10.2.139.Approved foreign bank 10.2.140.Eligible exchange-traded options 10.2.141.Futures law 10.2.142.Member organisation 10.2.143.Non-broker 10.2.144.Non-dealer 10.2.145.Securities law 10.2.146.Marketable parcel Division 30--Effect on certain conduct of transition to licensed markets and licensed CS facilities 10.2.147.Own account dealings and transactions: futures contracts 10.2.148.Conditions of dealers licence 10.2.149.Persons who are not clients 10.2.150.Dealings and transactions on a dealer's own account 10.2.151.Dealer to give priority to clients' orders 10.2.152.Dealers' financial records 10.2.153.Auditor to report to ASIC on certain matters 10.2.154.Qualified privilege for auditor 10.2.155.Court may freeze certain bank accounts of dealers and former dealers 10.2.156.Interpretation -- registers 10.2.157.Conditions of futures broker's licence: membership of futures organisation 10.2.158.Futures organisation to be informed about conditions of futures brokers licence 10.2.159.Licensee to notify breach of licence condition 10.2.160.Register of Futures Licensees 10.2.161.Excluded clients 10.2.162.Segregation of client money and property 10.2.163.Accounts to be kept by futures brokers 10.2.164.Property in custody of futures broker 10.2.165.Auditor to report to ASIC in certain cases 10.2.166.Defamation 10.2.167.Power of Court to restrain dealings with futures broker's bank accounts 10.2.168.Power of Court to restrain dealings with futures broker's bank accounts 10.2.169.Sequence of transmission and execution of orders 10.2.170.Dealings by employees of futures brokers and futures advisers Division 31--Effect on fundraising of transition to licensed markets and licensed CS facilities 10.2.171.Sale offers that need disclosure 10.2.172.Prospectus content -- specific disclosures 10.2.173.Issuing or transferring the securities under a disclosure document 10.2.174.Choices open to person making an offer if disclosure document condition not met or disclosure document defective 10.2.175.Restrictions on advertising and publicity Division 32--Effect on product disclosure of transition to licensed markets and licensed CS facilities 10.2.176.Offers that do not need disclosure 10.2.177.Prospectus content -- general disclosure test 10.2.178.Prospectus content -- specific disclosures 10.2.179.Futures broker to give certain information to prospective client Division 33--Effect on 10.2.180.Licence conditions -- investment advice to retail investors 10.2.181.Exemption from licensing -- certain dealings 10.2.182.Exemption from licensing -- managed investment schemes 10.2.183.Exempt dealer 10.2.184.Exempt securities and interests 10.2.185.Transactions in prescribed circumstances 10.2.186.Exempted transaction 10.2.187.Charging brokerage on principal transactions 10.2.188.Exemption from subsection 844 (2) of old Corporations Act 10.2.189.Exemption: Part 8.3 of old Corporations Act -- certain futures contracts 10.2.190.Exemption of certain transactions from subsection 1206 (1) of old Corporations Act 10.2.191.Exemption of certain transactions from subsection 1207 (1) of the old Corporations Act 10.2.192.Which futures broker to comply with subsection 1207 (1) of old Corporations Act in relation to certain transactions 10.2.193.Exemption of certain transactions from paragraphs 1207 (1) (g) and (h) of old Corporations Act Division 34--Effect on certain instruments of transition of financial service providers and transition to licensed markets and licensed 10.2.194.References to certain matters Division 35--Streamlined licensing 10.2.195.Suspension or cancellation of streamlined licence Division 36--Insurance multi-agents 10.2.196.Application by holder of qualified licence Division 37--Hawking of managed investment products 10.2.197.Hawking interest in managed investment scheme 10.2.198.Hawking financial product -- other arrangements Division 38--Security bonds issued before FSR commencement 10.2.199.Security bonds Division 39--Disclosure documents 10.2.200.Disclosure documents -- cooling-off period Division 40--Telephone monitoring during takeovers 10.2.201.Telephone monitoring 10.2.201A.References to financial services licensees Division 41--Requirements if Product Disclosure Statement is not in existence 10.2.202.Documents equivalent to Product Disclosure Statement Division 42--Dealing with money received for financial product before the product is issued 10.2.203.Payment of money into account Division 43--Arrangements related to deposits with stock exchanges 10.2.204.Withdrawals from trust account Division 44--Superannuation to which arrangements apply under the 10.2.205.Application of amendments Division 45--Arrangements relating to certain reporting periods 10.2.206.Fund information for retail clients for financial products that have an investment component: superannuation 10.2.207.Periodic statements for retail clients for financial products that have an investment component Division 46--Arrangements relating to passbook accounts 10.2.208.Periodic statements 10.2.209.Confirmation of transactions Division 47--Agreements with unlicensed persons relating to the provision of financial services 10.2.210.Agreements Division 48--Arrangements for Lloyd's 10.2.211.Lloyd's Division 49--Hawking of certain financial products 10.2.212.Hawking of managed investment products Division 50--Warrants or options to acquire issued securities 10.2.213.Warrants or options to acquire issued securities Division 52--Winding up of fidelity funds if market ceases to operate 10.2.215.Winding up of fidelity funds if market ceases to operate PART 10.5----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATE LAW ECONOMIC REFORM PROGRAM (AUDIT REFORM AND CORPORATE DISCLOSURE) ACT 2004 10.5.01.Adoption of auditing standards made by accounting profession before commencement (Act ss 1455 (1) and (3)) PART 10.15----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (FINANCIAL MARKET SUPERVISION) ACT 2010 10.15.04.Notifications, consents, waivers, etc CHAPTER 12--Financial sector reform PART 12.1----PRELIMINARY 12.1.01.Definitions for Chapter 12 12.1.02.Application of this Chapter to previous governing Codes etc 12.1.03.Interpretation of applied provisions PART 12.2----TRANSITIONAL MATTERS --GENERAL Division 2--Other matters 12.2.08.Lodgment of certain documents with ASIC 12.2.10.Certain appointments of auditors continue 12.2.12.Converted shares PART 12.4----NOTICE OF MEETINGS OF CERTAIN BODIES CORPORATE 12.4.01.Application of Part 12.4.02.Modification of certain provisions of Act 12.4.03.Members etc may elect to be notified of meetings 12.4.04.Notice of meetings to be published in press 12.4.05.Copies of notices to be displayed 12.4.06.Members may request notice of meetings at any time 12.4.07.Records to be kept about notices PART 12.5----DETERMINATIONS AND DECLARATIONS IN RELATION TO CERTAIN INSTRUMENTS 12.5.01.Definition for Part 12.5 12.5.02.Application, variation, revocation and modification 12.5.03.Effect of determinations and declarations 12.5.04.Publication of determinations and declarations 12.5.05.When determinations and declarations take effect 12.5.06.Inspection and purchase of copies of instruments PART 12.6----FINANCIAL REPORTING BY CERTAIN BODIES CORPORATE 12.6.01.Application of Part 12.06.01A.Annual financial reporting 12.6.02.Modification of certain provisions of Act 12.6.03.Members etc may elect to receive reports 12.6.04.Copies of reports to be available to members 12.6.05.Records to be kept about notices PART 12.7----OTHER DISCLOSURE Division 1--Preliminary 12.7.01.Definitions for Part 12.7 12.7.02.Declarations by ASIC Division 2--Continued application of certain provisions 12.7.03.Continuation of certain provisions of previous governing Codes 12.7.04.Continuation of ASIC transitional standards 12.7.05.Exemption from, and modification of, certain provisions 12.7.06.Certain provisions of the Friendly Societies Code cease to apply to FSR licensee PART 12.8----SHARES IN CERTAIN BODIES CORPORATE Division 1--Preliminary 12.8.02.Application of Part 12.8 12.8.03.What is a member share 12.8.04.Declarations by ASIC Division 2--Member shares 12.8.05.Notice requirements 12.8.06.Registers of members 12.8.06A.Member shares -- liability to pay calls 12.8.07.Disclosure in annual returns 12.8.08.Member shares -- numbering and certificates 12.8.09.Member shares -- unclaimed property Division 3--Certain shares in transferring building societies and credit unions 12.8.10.Definitions for Division 3 12.8.11.Transferring building societies may issue shares equivalent to membership shares 12.8.12.Transferring credit unions may issue shares equivalent to withdrawable shares PART 12.9----WINDING UP AND DEREGISTRATION OF CERTAIN TRANSFERRING FINANCIAL INSTITUTIONS 12.9.01.Application of Part 12.9 12.9.02.Winding up 12.9.03.Deregistration SCHEDULE 1 List of forms in Schedule 2 SCHEDULE 2 Forms SCHEDULE 2A Forms of transfer of Division 3 securities SCHEDULE 3 Specified offices SCHEDULE 4 Prescribed amounts SCHEDULE 5C Conduct of auditor -- relevant relationships SCHEDULE 6 Availability of names SCHEDULE 7 Exemptions from requirements to set out certain corporate particulars SCHEDULE 8 Schemes of arrangement under Part 5.1 of the Act SCHEDULE 8A Deed of company arrangement -- prescribed provisions SCHEDULE 8AA Trustee companies SCHEDULE 8AB Prescribed State and Territory provisions for paragraph 601RAE (4) (a) of the Act SCHEDULE 8AC Prescribed State and Territory laws and provisions for paragraph 601RAE (4) (b) of the Act -- estate administration SCHEDULE 8AD Prescribed State and Territory laws and provisions for paragraph 601RAE (4) (b) of the Act SCHEDULE 8AE Relevant State and Territory provisions SCHEDULE 8B Option contract -- prescribed indexes SCHEDULE 8C Modifications of Part 7.5 of the Act -- compensation regimes SCHEDULE 9 Authorised trustee corporations SCHEDULE 10 Disclosure of fees and other costs SCHEDULE 10A Modifications of Part 7.9 of the Act SCHEDULE 10AA Modifications of the Act in relation to their application in respect of a recognised offer or a proposed offer of securities that may become a recognised offer SCHEDULE 10B Form and content of Product Disclosure Statement for FHSA product SCHEDULE 10BA [see Note 3] SCHEDULE 10C Form and content of Product Disclosure Statement -- margin loan SCHEDULE 10D Form and content of Product Disclosure Statement -- superannuation product to which Subdivision 4.2B of Division 4 of Part 7.9 applies SCHEDULE 10E Form and content of Product Disclosure Statement -- simple managed investment scheme SCHEDULE 10D Persons who are not covered by section 1433 of the Act SCHEDULE 12 ASIC transitional standards


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