ASIC Corporations (Division 3 Securities and Division 4 Financial Products) Instrument 2015/1030 (Cth)

ASIC Corporations (Division 3 Securities and Division 4 Financial Products) Instrument 2015/1030

About this compilation

Compilation No. 2

This is a compilation of ASIC Corporations (Division 3 Securities and Division 4 Financial Products) Instrument 2015/1030 as in force on 5 March 2019. It includes any commenced amendment affecting the legislative instrument to that date.

This compilation was prepared by the Australian Securities and Investments Commission.

The notes at the end of this compilation (the endnotes) include information about amending instruments and the amendment history of each amended provision.

Contents

Part 1—Preliminary 1 Name of legislative instrument 3 Authority 4 Definitions Part 2—Declaration 5 Application of Division 4 of Part 7.11 of the Act 6 Application of Part 7.11 of the Act to interests in a registered scheme Endnotes Endnote 1—Instrument history Endnote 2—Amendment history

Part 1—Preliminary

1 Name of legislative instrument This instrument is ASIC Corporations (Division 3 Securities and Division 4 Financial Products) Instrument 2015/1030.

3 Authority This instrument is made under subsection 1075A(1) of the Corporations Act 2001.

4 Definitions In this instrument: Act means the Corporations Act 2001. AQUA Quote Display Board has the meaning given by the operating rules of ASX. ASX means ASX Limited. Chi-X means Chi-X Australia Pty Ltd. depositary interests means units of beneficial ownership in financial products of the following kind that are issued for the purpose of enabling the financial products to be recorded and transferred in accordance with the operating rules of ASX Settlement Pty Limited: (a) securities issued by a foreign company; or (b) foreign scheme products. Division 4 financial product has the meaning given by subregulation 7.11.03(1) of the Regulations. eligible products means: (a) warrants that are: (i) able to be traded on the financial market operated by ASX or Chi-X; or (ii) admitted to the AQUA Quote Display Board. (b) interests in a managed investment scheme that is not required to be registered under Chapter 5C of the Act because of an instrument made under section 601QA of the Act and that are: (i) able to be traded on the financial market operated by ASX or Chi-X; or (ii) admitted to the AQUA Quote Display Board. (c) shares in, or debentures of, a foreign company that are quoted on the financial market operated by ASX or Chi-X; (d) shares and debentures quoted on the financial market operated by ASX that are issued by a body referred to in section 1073C of the Act; (da) transferable custody receipts; (e) depository interests in relation to financial products held by CHESS Depositary Nominees Pty Limited in accordance with the operating rules of ASX Settlement Pty Limited. foreign quoted shares, in relation to transferable custody receipts, means shares of a foreign company that is listed on the New York Stock Exchange, NASDAQ Global Market or NASDAQ Global Select Market, where the shares are in a class of shares that are able to be traded on at least one of those financial markets. foreign scheme product means a financial product that: (a) is referred to in paragraph 764A(1)(ba) of the Act; and (b) relates to a managed investment scheme which is: (i) operated by a foreign company; and (ii) included in the official list of the financial market operated by ASX. Regulations means the Corporations Regulations 2001. transferable custody receipts means units of beneficial ownership in foreign quoted shares where the units: (a) arise from a custodial and sub-custodial arrangement under which: (i) a custodian holds, directly or indirectly, the foreign quoted shares on behalf of, or in trust for, a financial services licensee that holds an Australian financial services licence that covers the provision of a custodial or depository service; and (ii) the financial services licensee holds their equitable rights or interests in the shares arising from the custodial arrangement mentioned in subparagraph (i) on behalf of, or in trust for, a person; and (b) are issued without the involvement of the issuer of the foreign quoted shares; and (c) are able to be traded on the financial market operated by Chi-X. warrant has the meaning given by subregulation 1.0.02(1) of the Regulations.