Starting a managed investments scheme

To register a scheme the proposed responsible entity must be:

  • a registered Australian public company, and
  • hold an Australian financial services (AFS) licence authorising the responsible entity to operate the scheme.

If the proposed responsible entity does not hold an AFS licence authorising it to operate the scheme, it should ensure an application for an AFS licence, or variation of an existing licence, has been submitted to us well in advance of applying for registration of the scheme.
 
How to apply for an AFS licence or variation of a current licence

For more information read:

Regulatory Guide 1 AFS Licensing Kit - Part 1 - Applying for and varying an AFS licence
Regulatory Guide 2 AFS Licensing Kit - Part 2 - Preparing your AFS licence application
Regulatory Guide 3 AFS Licensing Kit - Part 3 - Preparing your additional proofs
Regulatory Guide 104 Licensing: Meeting the general obligations
Regulatory Guide 105 Licensing: Organisational competence

 

How to register a scheme


Current AFS licensees can lodge Form 5100 online through either the AFS licensee portal or the registered agent portal.

New AFS licence applicants can lodge Form 5100 online through the registered agent portal.

Alternatively, you can download a copy of Form 5100 and lodge it at an ASIC service centre or post it to us.
 
On the registration form you will be asked to describe how scheme funds will be applied and what investment strategies are likely to be adopted.

Scheme kinds identified for licensing purposes are:

  • financial assets
  • derivatives
  • mortgages
  • IDPS-like
  • direct real property
  • stable property trusts or syndicates
  • listed property trusts
  • service strata schemes
  • primary production - these schemes will be further categorised according to the type of scheme eg horticulture, aquaculture, tea trees, viticulture, forestry, cattle breeding, horse breeding, livestock grown for fleece and ratifies.
  • film schemes
  • time-sharing schemes

If you register a scheme online, you must attach copies of:

1. The scheme's constitution (as defined by s601GA).
For more information read Regulatory Guide 134 Managed Investments: Constitutions
2. The scheme's compliance plan (as defined by s601HA and signed in accordance with s601HC).
For more information read:
- Regulatory Guide 132 Managed investments: Compliance plans, and
  - our compliance plan commentaries,
 
 
3. Form 5103 - a statement signed by the directors of the proposed responsible entity that:
(a) the scheme's constitution complies with s601GA and 601GB; and
(b) the scheme's compliance plan complies with s601HA.
4. An annexure that cross references the contents of a constitution required by s601GA and s601GB to the equivalent provisions in the scheme's constitution.
5. If necessary, agent's authorities appointing another person to sign the compliance plan (see Reg 5C.4.01).
You will be invoiced for the $2290 application fee.

You must retain the original documents for a period of 7 years from the date on which you lodged the form online.

 If you register on paper make sure you send us:

1. The completed application form and fee payment of $2290
2. Copies of the documents listed above.
3. An extra photocopy of the completed application and each of the above documents.
Send these to:
Australian Securities & Investments Commission,
GPO Box 9827
In your capital city.

 

Compliance plans

Preparing compliance plans
Auditing compliance plans
 

More information

What is a managed investment scheme?
Running a managed investments scheme
Closing a managed investments scheme
Visit our consumer website, MoneySmart: Managed funds

Search our registers

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Last updated: 02/10/2014 11:00