Corporations Regulations 2001
View history note
Hide history note[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
For paragraph 795A(1) (b) of the Act, the following documents are required as part of an application by the body corporate for an Australian market licence:
(a) the body corporate's current or proposed operating rules and written procedures;
(b) if applicable - the body corporate's constitution;
(c) a copy of any agreement material to:
(i) the way in which the proposed market is to be operated; and
(ii) the way in which the financing of the proposed market, and the other resources used to operate it, will be organised; and
(iii) the body corporate's constitution or governance; and
(iv) the appointment or employment of directors, secretaries and executive officers of the body corporate;
(d) a copy of any agreement, or proposed agreement, relating to the outsourcing or delegation of a function, facility or service in relation to the proposed market by the body corporate to another person;
(e) if the body corporate is a disclosing entity - a copy of each half-year financial report of the body corporate for:
(i) the period of 3 years immediately before the application was made; or
(ii) the shorter period in which the body corporate has carried on a business;
(f) if the body corporate is not a disclosing entity - a copy of each annual financial report of the body corporate for:
(i) the period of 3 years immediately before the application was made; or
(ii) the shorter period in which the body corporate has carried on a business;
(g) if the body corporate is a related body corporate - a copy of the relevant consolidated annual and half-year financial reports for:
(i) the period of 3 years immediately before the application was made; or
(ii) the shorter period in which the body corporate has carried on a business;
(h) a report, by a qualified person who is independent of the body corporate, about the anticipated financial resource requirements of the proposed market, including details of:
(i) the total anticipated fixed expenditure and variable expenditure for the first 12 months of operation of the market; and
(ii) the total anticipated revenue for the first 12 months of operation of the market and other sources of financial resources; and
(iii) the body corporate's contingency arrangements in the event of circumstances occurring that affect the body corporate's ability to operate the market;
(i) details of the body corporate's business plan, or other strategic planning, for the first 12 months of operation of the market, that are not included in the other documents mentioned in this regulation.
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.
