ASIC’s approach to people overseas offering financial services in Australia

ASIC has issued a new regulatory guide Doing financial services business in Australia (RG 121 pdf).

The new guide explains to foreign financial services providers  Australia’s financial services regime under the Corporations Act by:

  • Setting out the statutory regime and describing ASIC’s regulation of the financial services industry.
  • Describing the requirement to be licensed if they wish to provide financial services in Australia.
  • Summarising the exemptions available from the requirement to hold a licence, including those exemptions designed specifically for foreign financial services providers.
  • Introducing some of the obligations that come with being a licensee.
  • Describing disclosure obligations that apply if they offer financial products in Australia, even if they do not need a licence.
  • Noting some of the other rules and legislation that may apply to someone from overseas that wishes to offer financial services in Australia.
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