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ARTICLE · 01 NOVEMBER 2023

Dormant Licensees – do the RG166 Financial Requirements still apply?

The financial obligations apply regardless of whether the licence authorisation is currently being utilised.

AustraliaFinance and Banking

In updated guidance from ASIC in relation to the financial resource requirements that apply to some types of Australian Financial Services Licensees (Licensees) published in Report 769 (Report), ASIC has also made comments on the issue of dormant Licensees.

ASIC's guidance in relation to dormant Licensees means that any Licensee which is subject to a financial obligation by way of the authorisations included on its Licence, must meet the applicable requirement, from the date the Licence authorisations take effect. For many Licensees, and those looking to apply for or acquire an AFSL, this will mean future planning to ensure the appropriate cash reserves are held.

ASIC's commentary states that where a Licensee holds an authorisation which triggers particular financial obligations, these obligations apply regardless of whether the Licence authorisation is currently being utilised by the Licensee. An example of this is the NTA requirement that applies to custodians.

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