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 9 - Registers relating to financial services  

Subdivision B - Notice requirements relating to the Register of Relevant Providers  

SECTION 922L   REQUIREMENT FOR NOTICE TO BE LODGED  


Notice in prescribed form

922L(1)    


A notice lodged with ASIC under any of the following provisions (a notice provision ) must be in a prescribed form:

(a)    section 922D ;

(b)    section 922H ;

(c)    section 922HA ;

(d)    section 922HB ;

(e)    section 922J ;

(f)    section 922K .

Note 1: Under section 350 , a document that this Act requires to be lodged with ASIC in a prescribed form must:

  • (a) if a form for the document is prescribed in the regulations - be in that prescribed form; and
  • (b) if a form for the document is not prescribed in the regulations but ASIC has approved a form for the document - be in that approved form.
  • Note 2: The prescribed form may deal with information that is required under more than one section of this Act.



    When notice must be lodged

    922L(2)    
    A notice under a notice provision must be lodged within 30 business days of the following day:

    (a)    if the notice is lodged under subsection 922HA(1) - the day ASIC grants the Australian financial services licence mentioned in that subsection;

    (b)    if the notice is lodged under subsection 922HA(3) - the day the financial services licensee mentioned in that subsection decides that the licensee ' s CPD year is to begin on another day of the year;

    (c)    if the notice is lodged under subsection 922HB(1) - the last day of the CPD year of the financial services licensee mentioned in that subsection;


    (d) (Repealed)

    (e)    if the notice is lodged under any other notice provision - the day of the event mentioned in subsection (1) of the notice provision.


    922L(3)    


    The information contained in the notice must be accurate as at the day mentioned in paragraph (2)(a) , (b) , (c) or (e) .

    Who must cause notice to be lodged

    922L(4)    
    The following person must cause a notice under section 922D , 922H or 922HB to be lodged in relation to a relevant provider:

    (a)    if the relevant provider is a financial services licensee - the licensee;

    (b)    otherwise - the financial services licensee on whose behalf the relevant provider is authorised to provide personal advice to retail clients in relation to relevant financial products.

    922L(5)    
    A notice under subsection 922HA(1) or (3) must be lodged by the financial services licensee mentioned in that section.

    922L(6)    
    (Repealed by No 115 of 2021, s 3, Sch 1[65] (effective 1 January 2022).)

    922L(7)    
    A notice under section 922J or 922K relating to a person who starts or ceases to have control of a body corporate licensee must be lodged by the licensee.


     

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