ASIC today released a consultation paper seeking industry feedback on its proposed licensing requirements for corporate collective investment vehicles (CCIVs).
Licensing requirements will come into effect on July 1, 2022 when the CCIV regime comes into effect.
Consultation Paper 360 Corporate Collective Investment Vehicles: Preparing for the Entry into Force of the New Regime (CP 360) contains proposals on a range of licensing issues, including how the ASIC:
- assess Australian Financial Services (AFS) license applications from directors of companies wishing to operate a CCIV
- assess AFS license applications from persons seeking to provide financial product advice and/or trade in CCIV securities, and
- administer the obligations of the licensee which will apply to the administrators of the CCIV.
CP 360 also includes proposed updates to five licensing-related regulatory guides. ASIC intends to publish the updated regulatory guidance before July 1, 2022 to give entities sufficient time to prepare for the provision of financial services related to CCIV before the start of the new regime.
“ASIC is committed to supporting the effective implementation of the CCIV regime. Ensuring regulatory guidelines are up to date and fit for purpose when the new regime comes into effect is part of that commitment,” said ASIC Vice President Karen Chester.
ASIC invites comments from fund managers, industry bodies and other interested stakeholders on CP 360. Submissions close April 14, 2022.
context
A CCIV is a collective investment vehicle in the form of a new type of public limited company. The corporate director of a CCIV is responsible for the operation of the business and the conduct of the affairs of the CCIV.
CCIVs share similar characteristics with some other internationally recognized investment structures and are designed to increase the international competitiveness of the Australian managed fund industry.
The Corporate Collective Investment Vehicle Framework and Other Measures Act 2022 implements the CCIV statutory regime through amendments to the Corporations Act 2001, the Australian Securities and Investments Commission Act 2001 and the Personal Property Securities Act 2009. The regime CCIV will enter into force on July 1, 2022. .
ASIC will be responsible for licensing corporate directors and registering CCIVs, as well as providing guidance to help corporate directors comply with their licensee obligations and other compliance requirements. the law.
