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ob体育 reissues Regulatory Guide 121 on doing financial services business in Australia

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Key points

  • ob体育 has reissued Regulatory Guide 121 Doing financial services business in Australia (RG 121) to reflect changes to the law and legislative relief granted by ob体育.
  • Reissued RG 121 includes amendments to descriptions of Australian financial services (AFS) licensing exemptions and relief and updates ob体育鈥檚 guidance on the Courts鈥� interpretation of 鈥榗arrying on a business in Australia鈥�.

ob体育 has reissued RG 121 to provide the latest guidance to individuals and companies from outside Australia that wish to conduct a financial services business in Australia. This version replaces guidance issued in June 2013.

RG 121 has been reissued to:

  • remove references to expired or repealed AFS licencing relief, including class relief granted by ob体育 to foreign financial services providers (FFSPs) and foreign collective investment schemes
  • amend descriptions of AFS licensing exemptions and relief to reflect those currently available
  • update the description of the Courts鈥� interpretation of 鈥榗arrying on a business in Australia鈥�, such as the general indicators of carrying on a business, other relevant factors and when a one-off transaction may amount to the carrying on of a business, and
  • update descriptions of, or references to, financial products and services, obligations of AFS licensees, legislation administered by ob体育, other applicable rules and legislation, and ob体育鈥檚 regulatory documents to reflect the current legal and regulatory framework.

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Regulatory Guide 121 Doing financial services business in Australia (RG 121)

Background

RG 121 provides general guidance on the financial services regime in Australia relevant for individuals and companies from outside Australia including:

  • when an individual or company from outside Australia may be required to hold an AFS licence to carry on a financial services business in Australia
  • circumstances in which an individual or company may be exempt from holding an AFS licence, and
  • some of the obligations associated with being an AFS licensee.

ob体育 is Australia鈥檚 corporate, markets and financial services regulator.