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ASIC updates relief for securitisation entities from holding an AFS licence

Published

ASIC has remade a legislative instrument which exempts securitisation entities from holding an Australian financial services (AFS) licence.

ASIC Corporations (Securitisation Special Purpose Vehicles) Instrument 2026/175 (ASIC Instrument 2026/175) continues the relief provided under ASIC Corporations (Securitisation Special Purpose Vehicles) Instrument 2016/272 (ASIC Instrument 2016/272).

We have determined that the instrument is operating effectively and continues to form a useful part of the legislative framework.

ASIC will also make minor amendments to Regulatory Guide 167 AFS licensing: Discretionary powers (RG 167) for consistency and clarity.

Background

We consulted on a proposal to remake the relief in ASIC Instrument 2016/272. Refer to CS 43 Proposed extension of instrument relieving securitisation entities from holding an AFS licence.

ASIC Instrument 2026/175 applies to entities that carry on a securitisation business in specific circumstances and exempts them from the requirement to hold an AFS licence when providing financial services to clients other than retail clients.

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ASIC is Australia’s corporate, markets and financial services regulator.