Corporations Legislation Amendment (Financial Services Modernisation) Act 2009 (108 of 2009)

Schedule 2   Trustee companies

Corporations Act 2001

19   After subsection 766A(1)

Insert:

Provision of traditional trustee company services by trustee company

(1A) Subject to paragraph (2)(b), the provision by a trustee company of a traditional trustee company service constitutes the provision, by the company, of a financial service .

Note: Trustee companies may also provide other kinds of financial service mentioned in subsection (1).

(1B) The regulations may, in relation to a traditional trustee company service of a particular class, prescribe the person or persons to whom a service of that class is taken to be provided. This subsection does not limit (and is not limited by) subsection (2).

Note: A traditional trustee company service is provided to a person as a retail client unless regulations provide otherwise (see subsection 761G(6A)).

Note 1: The following heading to subsection 766A(1) is inserted “General”.

Note 2: The following heading to subsection 766A(2) is inserted “Regulations may deal with various matters”.

Note 3: The following heading to subsection 766A(3) is inserted “Exception for work ordinarily done by clerks or cashiers”.

Note 4: The following heading to subsection 766A(4) is inserted “Meaning of operating a registered scheme ”.


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).