Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.6 - LICENSING OF PROVIDERS OF FINANCIAL SERVICES  

Division 8C - Registration of relevant providers  

Subdivision B - Applications for registration  

SECTION 921ZB   APPLICATION FOR REGISTRATION - RELEVANT PROVIDERS WHO ARE NOT FINANCIAL SERVICES LICENSEES  

921ZB(1)  


A financial services licensee may apply to ASIC to register a relevant provider under subsection 921ZC(1) .

Note 1: A notice must be lodged with ASIC under section 922D if a person becomes a relevant provider.

Note 2: An application cannot be made under this subsection in relation to a provisional relevant provider (see subparagraph (2)(b)(v) of this section).

921ZB(2)  
The application must:

(a)  

be in the approved form; and

(b)  include the following:


(i) a written declaration by the licensee that the relevant provider has given the licensee a declaration that the relevant provider is a fit and proper person to provide personal advice to retail clients in relation to relevant financial products;

(ii) a written declaration by the licensee as to whether the licensee is aware of any reason why the relevant provider might not be a fit and proper person to provide personal advice to retail clients in relation to relevant financial products;

(iii) if subsection 921BA(1) applies to the relevant provider - a written declaration by the licensee that the relevant provider has met the education and training standard in subsection 921B(2) ;

(iv) if subsection 921BA(2) applies to the relevant provider - a written declaration by the licensee that the relevant provider has met the education and training standard in subsection 921B(3) ;

(v) if subsection 921BA(3) applies to the relevant provider - a written declaration by the licensee that the relevant provider has met the education and training standard in subsection 921B(4) ;

(vi) if the relevant provider provides, or is to provide, a tax (financial) advice service - a written declaration by the licensee that the relevant provider is a qualified tax relevant provider.

Note: A person may commit an offence or contravene a civil penalty provision if the person gives false or misleading information (see section 1308 of this Act and section 137.1 of the Criminal Code ).

921ZB(3)  
Subject to Part VIIC of the Crimes Act 1914 , the relevant provider and the licensee must have regard to the matters specified in section 921U (other than the matters specified in paragraphs (h) and (l) of that section) for the purposes of making a declaration mentioned in subparagraph (2)(b)(i) or (ii) of this section.

Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.


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