Corporations Amendment (Litigation Funding) Regulations 2021 (F2021L01608)

Schedule 1   Amendments

Part 1   Licence conditions

Corporations Regulations 2001

2   At the end of subregulation 7.6.04(1)

Add:

; (l) if the financial services licensee provides funds or indemnities as mentioned in paragraph 7.1.04N(3)(e) in relation to a litigation funding scheme mentioned in subregulation 7.1.04N(3) - a condition that:

(i) the licensee maintain, for the duration of the scheme, adequate practices for ensuring that a lawyer providing services in relation to the scheme, and any immediate family member of such a lawyer, do not have or obtain a direct or indirect material financial interest in the licensee; and

(ii) for the duration of the scheme,either no lawyer providing services in relation to the scheme has or obtains a direct or indirect material financial interest in the licensee or, if such a lawyer does have or obtain such an interest, the licensee meets the requirement in subregulation (2A); and

(iii) for the duration of the scheme,either no immediate family member of a lawyer providing services in relation to the scheme has or obtains a direct or indirect material financial interest in the licensee or, if such a person does have or obtain such an interest, the licensee meets the requirement in subregulation (2A).


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).