Securitisation Entities Exempt From AFS Licence
Summary
ASIC has remade ASIC Corporations (Securitisation Special Purpose Vehicles) Instrument 2026/175, continuing relief exempting securitisation entities from holding an AFS licence when providing financial services to non-retail clients. The instrument preserves the framework from the 2016 version (2016/272). Minor amendments will be made to Regulatory Guide 167 for consistency and clarity.
What changed
ASIC has remade the securitisation entity exemption instrument (2026/175), continuing the relief previously provided under ASIC Instrument 2016/272. The new instrument exempts securitisation entities carrying on a securitisation business from AFS licence requirements when providing financial services to clients other than retail clients. ASIC determined the instrument is operating effectively and continues to form a useful part of the legislative framework.
Affected securitisation entities and special purpose vehicles can continue operating without an AFS licence under the specified circumstances. ASIC will also make minor amendments to Regulatory Guide 167 (AFS licensing: Discretionary powers) for consistency and clarity. Entities should monitor for the RG 167 amendments and ensure their arrangements remain within scope of the exemption.
What to do next
- Monitor for updates
- Review Regulatory Guide 167 amendments when published
Archived snapshot
Apr 10, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Print Share ASIC has remade a legislative instrument which exempts securitisation entities from holding an Australian financial services (AFS) licence.
ASIC Corporations (Securitisation Special Purpose Vehicles) Instrument 2026/175 (ASIC Instrument 2026/175) continues the relief provided under ASIC Corporations (Securitisation Special Purpose Vehicles) Instrument 2016/272 (ASIC Instrument 2016/272).
We have determined that the instrument is operating effectively and continues to form a useful part of the legislative framework.
ASIC will also make minor amendments to Regulatory Guide 167 AFS licensing: Discretionary powers (RG 167) for consistency and clarity .
Background
We consulted on a proposal to remake the relief in ASIC Instrument 2016/272. Refer to CS 43 Proposed extension of instrument relieving securitisation entities from holding an AFS licence.
ASIC Instrument 2026/175 applies to entities that carry on a securitisation business in specific circumstances and exempts them from the requirement to hold an AFS licence when providing financial services to clients other than retail clients.
Related Links
- ASIC Corporations (Securitisation Special Purpose Vehicles) Instrument 2026/175
- CS 43 Proposed extension of instrument relieving securitisation entities from holding an AFS licence
- ASIC proposes to extend relief for securitisation entities from holding an AFS licence
ASIC is Australia’s corporate, markets and financial services regulator.
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