Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
View history note
Hide history noteA derivative trade repository licensee must: (a) comply with the conditions on the licence; and (b) if the licensee is a foreign body corporate - be registered under Division 2 of Part 5B.2 ; and (c) take all reasonable steps to ensure that no disqualified individual becomes, or remains, involved in the operator (see Division 2 of Part 7.4 ).
Note: Derivative trade repository licensees must also comply with other provisions of this Part that apply to them.
[ CCH Note: S 904A(1) will be amended by No 87 of 2024, s 3, Sch 2 [ 129] and [ 130], by inserting para (ba) and (d) (effective 17 March 2025). Para (ba) and (d) will read:
(ba) take:
(i) all reasonable steps; and
(ii) if the licensee is not a foreign body corporate - all additional steps (if any) prescribed by the regulations for the purposes of this subparagraph;to ensure that each core officer of the licensee is:
(iii) a fit and proper person to perform the functions of a core officer of the licensee; and
(iv) without limiting subparagraph (iii) - capable of performing those functions, including being competent to perform those functions; and
; and (d) take all reasonable steps to ensure that no individual against whom an FMI banning order is made does any of the things mentioned in subsection 853N(1) in relation to the licensee in contravention of the order.]
904A(2)
A person contravenes this subsection if the person contravenes paragraph (1)(b) or (c) .
Note: This subsection is a civil penalty provision (see section 1317E ).
[ CCH Note: S 904A(2) will be amended by No 87 of 2024, s 3, Sch 2 [ 131], by substituting " a paragraph of subsection (1) other than paragraph (a) " for " paragraph (1)(b) or (c) " , (effective 17 March 2025).]
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
