Lodgement requirements for AFS licensees

Notification of a licensee participating, or ceasing to participate, in a licensed market or a licensed CS facility

Reference: s912D(2)

Lodge: In writing as soon as possible, no fee

Further information: r1.0.05A(2)(c)

Notification of any event that may make a material adverse change to the licensee's financial position

Reference : r7.6.04(1)(a)

Lodge: In writing within 3 days, no fee

Notification of change of control of the licensee

Reference: s912DA

Lodge: Regulatory Portal: Notify ASIC of change in control of an Australian financial services licence

Further information: Change in control of an AFS licensee

Notification of ineligibility to satisfy s923B(3) ‘Broker Terms’ criteria

Reference: s923B(3), PF 209.2

Lodge: Regulatory Portal - Vary authorisations and conditions of an Australian financial services licence

An application to vary the 'other conditions' of an AFS licence within 10 days.

Notification of change of licensee’s responsible managers

Includes:

• change of details of existing responsible manager
• removal of responsible manager
• appointment of new responsible manager

Reference: r7.6.04(1)(b), r7.6.05(1)

Lodge: Regulatory Portal - Notify change of responsible manager details of an Australian financial services licence

If lodging an application to Vary authorisations and conditions of an Australian financial services licence for a change of a key person, the change in licensee’s responsible managers must be lodged first and then the licensee must complete and submit the vary application.

Notification of appointment or departure of key person

Note than a Notification of change of licensee’s responsible manager details of an Australian financial services licence will also have to be lodged where a responsible manager who is an existing key person has ceased or is being appointed as part of a key person change.

Reference: r7.6.05(1), PF 209.3

Lodge: Regulatory Portal - Vary authorisations and conditions of an Australian financial services licence

Notification of appointment of an authorised representative

Notification of appointment of an authorised representative

Reference: s916F(1), r7.6.05(2)

Notification of revocation of an authorised representative

Notification of revocation of an authorised representative

Reference: s916F(3)(b), r7.6.005(2)

Notification of change of details of authorisation of an authorised representative

Notification of change of details of authorisation of an authorised representative

Reference: s916F(3)(a), r7.6.04(1)(c), r7.6.05(2)

Submit Australian financial services licence annual financial statements

Reference: s989B, s989D

Lodge: Submit Annual financial services licence annual financial statements

Further information: RG 43, RG 68, r7.8.14 & 14A, r7.8.13, PF 27

Notify ASIC or apply to ASIC about Australian financial services licence auditor appointments

Reference: s990B(6), s990F(b), r7.8.15(9)

Lodge: Regulatory Portal - Notify ASIC or apply to ASIC about Australian financial services licence auditor appointments. If the licensee is a public company, s990B of the Act does not apply (s990A of the Act). Please refer to s327A – Public company auditor (initial appointment of auditor) and s319 – Lodgement of annual reports with ASIC (Form 388) for information relating to auditor appointments and notifications.

Further information: r7.8.15(1A), r7.8.16 regarding ineligibility to act as an auditor, Auditor appointments.

ASIC must provide consent prior to resignation of an auditor. See Resignation or removal of an auditor of an Australian financial services licensee.

Annual return of a foreign ADI or foreign company other than a foreign ADI

Reference: ASIC Corporations (Foreign Licensees and ADIs) Instrument 2016/186, s601CK

Lodge: Forms 405 & 406 lodgement as a foreign company satisfy the lodgement requirements under the Class Orders

Further information: RG 58, RG 68