ASIC Corporations (Regulatory Capital Securities) Instrument 2016/71 (Cth)

ASIC Corporations (Regulatory Capital Securities) Instrument 2016/71 I, Grant Moodie, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date 9 March 2016

Grant Moodie

Contents

Part 1—Preliminary 1 Name of legislative instrument 2 Commencement 3 Authority 4 Definitions Part 2—Declaration 5 Definitions of "regulatory capital security" and "underlying securities" 6 Offers of regulatory capital securities that are convertible or exchangeable into continuously quoted securities 7 Sale offers of underlying securities issued on conversion or exchange of regulatory capital securities

Part 1—Preliminary

1 Name of legislative instrument This instrument is ASIC Corporations (Regulatory Capital Securities) Instrument 2016/71.

2 Commencement This instrument commences on the day after it is registered on the Federal Register of Legislation. Note: The register may be accessed at www.legislation.gov.au.

3 Authority This instrument is made under section 741 of the Corporations Act 2001.

4 Definitions In this instrument: Act means the Corporations Act 2001.

Part 2—Declaration

5 Definitions of "regulatory capital security" and "underlying securities"

Chapter 6D of the Act applies to all persons as if section 9 of the Act were modified or varied as follows:

(a) insert the following definition:

"notional underlying securities, in relation to regulatory capital securities, means securities that would be issued on conversion or exchange if the conversion or exchange occurred at the time of issue of the regulatory capital securities.";

(b) insert the following definition:

"regulatory capital security means a security that satisfies all of the following:

(a) the security is issued by any of the following entities:

(i) an authorised deposit-taking institution, a subsidiary of an authorised deposit-taking institution or an authorised NOHC for the purposes of the Banking Act 1959;