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.]
In this Subdivision:
Australian clearing entity
, in relation to a derivative transaction, has the meaning given by regulation
7.5A.61
.
Derivative Transaction Rules (Reporting)
means the
ASIC Derivative Transaction Rules (Reporting) 2013
.
foreign clearing entity
, in relation to a derivative transaction, has the meaning given by regulation
7.5A.62
.
representative capacity
: an entity is a party to a derivative transaction, or holds a position relating to a derivative transaction, in a
representative capacity
if the entity is such a party, or holds such a position, in a capacity as:
(a) the responsible entity of a registered scheme; or
(b) the operator of a notified foreign passport fund; or
(c) the responsible holding party for a notified foreign passport fund; or
(d) the trustee of a trust; or
(e) the corporate director of a CCIV.
total gross notional outstanding positions
, in relation to an entity, means an amount worked out for the entity under derivative transaction rules, in accordance with subregulation
(2)
.
7.5A.60(2)
For the purposes of this Subdivision, derivative transaction rules may: (a) set out a method for working out the total gross notional outstanding positions held by an entity in a representative capacity, or otherwise; and (b) provide for an entity that starts, or stops, meeting a threshold referred to in subparagraph 7.5A.61(1)(a)(ii) , 7.5A.62(1)(a)(ii) or (b)(iv) to be taken to meet, or not to meet, the threshold for transitional purposes specified by the rules.
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