Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 10.2.138

Professional investors

  (1)   For section   1444 of the Act, this regulation applies in relation to:

  (a)   a regulated principal mentioned in item   1, 2, 3 or 4 of the table in section   1430 of the Act; or

  (b)   a person who:

  (i)   at the FSR commencement, is an exempt dealer who acts as a principal; and

  (ii)   is a regulated principal mentioned in item   4 of the table in regulation   10.2.38; or

  (c)   a person who:

  (i)   at the FSR commencement, is an exempt investment adviser who acts as a principal; and

  (ii)   is a regulated principal mentioned in item   4 of the table in regulation   10.2.38.

  (2)   The person is taken to be a professional investor for section   9 and paragraph   761G(7)(d) of the Act.

  (3)   Subject to subregulation   (4), this regulation ceases to apply in relation to the person on the earlier of:

  (a)   the end of the transition period in relation to the person under subsection   1431(1) of the Act; and

  (b)   the day on which the person ceases to have the status that made the person a regulated person.

  (4)   If:

  (a)   the person is subject to an exemption or modification under section   1437 of the Act; and

  (b)   the exemption or modification has the effect of extending the transition period in relation to the person (generally or in respect of certain activities);

the person ceases to be a person mentioned in subregulation   (1) at the end of the period of the extension.


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