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ARTICLE · 26 DECEMBER 2018

Foreign financial services provider (FFSP) relief from ASIC

ASIC may introduce a modified AFS licence for FFSPs relying on 'sufficiently equivalent' relief under class orders.

AustraliaFinance and Banking

ASIC has reached out to respondents to Consultation Paper 301 Foreign financial services providers (CP 301), including industry bodies to provide an update on this relief.

At a high level, ASIC has indicated that it will be proceeding with its proposal to introduce a modified AFS licence for foreign financial services providers (FFSP) that currently rely on 'sufficiently equivalent' relief under class orders. ASIC is still developing the framework for this modified AFS licence and has indicated that it may also consider some form of limited connection relief rather than repealing this exemption in its entirety as originally proposed.

ASIC is still considering the potential for grandfathering for FFSPs that are currently operating in Australia as well as the appropriate transitional period for FFSPs to apply for and be granted an AFS licence. However, we understand that a final position has not been reached for these issues.

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