Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
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Hide history noteNotification of inability to meet obligations under 904A
904C(1)
A derivative trade repository licensee must give written notice to ASIC, as soon as practicable, if the licensee becomes aware that it may no longer be able to meet, or has breached, an obligation under section 904A .
Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).
904C(1A)
A person contravenes this subsection if the person contravenes subsection (1).
Note: This subsection is a civil penalty provision (see section 1317E).
904C(2)
If ASIC receives a notice under subsection (1), ASIC may give the Minister advice about the matter to which the notice relates.
Notification of changes to directors, secretaries or senior managers
904C(3)
As soon as practicable after a person becomes or ceases to be a director, secretary or senior manager of a derivative trade repository licensee or of a holding company of a derivative trade repository licensee (including when a person changes from one of those positions to another), the licensee must give written notice of this to ASIC. The notice must include such other information about the matter as is prescribed by the regulations for the purpose of this subsection.
Note 1: To the extent that the licensee is required to give the notice and information under any other provision of this Act, the licensee may comply with this subsection by doing so. It need not provide the same information twice.
Note 2: Failure to comply with this subsection is an offence (see subsection 1311(1) ).
[ CCH Note: S 904C(3) will be amended by No 69 of 2020, s 3, Sch 1[1137] and [ 1138], by repealing Note 1 and substituting " Note " for " Note 2 " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
[ CCH Note: S 904C(4) will be inserted by No 69 of 2020, s 3, Sch 1[1139] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 904C(4) will read:
904C(4)
However, to the extent that the licensee is required to give the notice and information, to ASIC or the Registrar, under any other provision of this Act, the licensee may comply with subsection (3) by giving the notice and information under that other provision.]
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