ASIC requires no AFS license to service Australian wholesale clients for a further 12 months

Rick Steves

No Australian financial services (AFS) license will be required by ASIC when providing financial services to Australian wholesale clients for a further 12 months.

ASIC has announced it is extending for a further 12 months the transitional relief for foreign financial services providers (FFSPs) from the requirement to hold an Australian financial services (AFS) license when providing financial services to Australian wholesale clients.

During this extended transitional period, ASIC will consider new applications for individual temporary licensing relief, or new standard or foreign AFS license applications, from entities that cannot rely on the transitional relief.

FFSPs that have been, or are granted a foreign AFS license, will be able to continue to operate their financial services business in Australia under the license issued by ASIC.

Extension also delays ASIC Corporations Instrument 2020/199 until 1 April 2025

The current transitional arrangements for ASIC’s sufficient equivalence relief and limited connection relief were due to expire on 31 March 2024.

The extension of the transitional relief to 31 March 2025 is made by ASIC Corporations (Amendment) Instrument 2023/588, which also delays the commencement of the ASIC Corporations (Foreign Financial Services Providers—Funds Management Financial Services) Instrument 2020/199 until 1 April 2025 (which gives licensing relief to some FFSPs that provide funds management financial services to certain categories of Australian professional investors).
The transitional relief in ASIC Corporations (Amendment) Instrument 2023/588 extends the relief contained in the following instruments:

  • ASIC Corporations (Repeal and Transitional) Instrument 2016/396;
  • ASIC Corporations (CSSF-Regulated Financial Services Providers) Instrument 2016/1109; and
  • ASIC Corporations (Foreign Financial Services Providers—Limited Connection) Instrument 2017/182.

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