Foreign Acquisitions and Takeovers Amendment Regulations 2022 (F2022L00465)
Schedule 1 Amendments
Part 1 Moneylending agreements
Foreign Acquisitions and Takeovers Regulation 2015
1 Section 5 (definition of moneylending agreement)
Repeal the definition, substitute:
moneylending agreement means:
(a) an agreement entered into:
(i) in good faith and on ordinary commercial terms; and
(ii) in the ordinary course of carrying on a moneylending business;
except an agreement dealing with any matter unrelated to the carrying on of that moneylending business; or
(b) an agreement entered into:
(i) in good faith and on ordinary commercial terms; and
(ii) relating to the purpose of lending money or otherwise providing financial accommodation; and
(iii) by an entity that was created predominantly for that purpose by a person or entity in the ordinary course of carrying on a moneylending business;
except an agreement if:
(iv) the agreement deals with any matter unrelated to the purpose of lending money or otherwise providing financial accommodation and unrelated to the carrying on of that moneylending business; or
(v) the entity, before entering into the agreement, began carrying on a business unrelated to the purpose of lending money or otherwise providing financial accommodation; or
(c) for a person or entity that:
(i) is carrying on a moneylending business; or
(ii) was created predominantly for the purpose of lending money or otherwise providing financial accommodation by a person or entity in the ordinary course of carrying on a moneylending business; or
(iii) is a subsidiary or holding entity of a person or entity covered by subparagraph (i) or (ii);
an agreement to acquire an interest arising from a moneylending agreement (within the meaning of paragraph (a) or (b)).
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