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ASIC Corporations (Wholesale Equity Scheme Trustees) Instrument 2017/849

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Summary

The Australian Treasury has remade ASIC Corporations (Wholesale Equity Scheme Trustees) Instrument 2017/849 under the Corporations Act 2001, providing licensing relief for eligible trustees of wholesale equity schemes. The instrument exempts qualifying trustees from holding an Australian Financial Services Licence for certain financial services relating to wholesale equity schemes, subject to conditions including the $10 million minimum threshold and scheme registration requirements. The prior ASIC Class Order [CO 07/74] transitional arrangement is carried forward under this instrument.

Why this matters

Trustees currently relying on ASIC Class Order [CO 07/74] should confirm their transition to this remade instrument is complete, as the Class Order arrangement is now carried forward under Instrument 2017/849. Any new wholesale equity scheme arrangements should be structured to meet the $10 million minimum threshold and registration conditions as the eligibility baseline for AFSL relief.

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What changed

ASIC Corporations (Wholesale Equity Scheme Trustees) Instrument 2017/849 has been remade and continues in force, providing that eligible trustees of wholesale equity schemes are not required to hold an Australian Financial Services Licence for providing financial services in relation to those schemes. The instrument sets out conditions for reliance on the relief, including that the scheme meets the $10 million minimum threshold, is registered, and the trustee is eligible. Part 3 preserves the transitional operation of the former ASIC Class Order [CO 07/74].

Trustees and fund managers operating wholesale equity schemes should confirm their schemes satisfy the eligibility conditions under this instrument and maintain compliance with the ongoing requirements. Eligible trustees relying on this relief should document their compliance with the $10 million threshold and scheme registration conditions. This instrument's remaking ensures continuity of licensing relief for the wholesale equity scheme sector.

Archived snapshot

Apr 22, 2026

GovPing 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.

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ASIC Corporations (Wholesale Equity Scheme Trustees) Instrument 2017/849

In force Administered by
- Department of the Treasury
This item is authorised by the following title:


View document Legislative instrument Filter active Table of contents
- Part 1—Preliminary
- 1 Name of legislative instrument
- 3 Authority
- 4 Definitions
- Part 2—Exemption
- 5 Licensing relief for eligible trustees
- 6 Where the relief applies
- 7 Conditions
- 8 Exclusion from reliance
- Part 3—Transitional
- 9 ASIC Class Order [CO 07/74]
- Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history

Named provisions

Preliminary Exemption Transitional

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Last updated

Classification

Agency
Treasury AU
Published
March 27th, 2026
Instrument
Rule
Branch
Executive
Joint with
ASIC
Bill ID
F2017L01272
Legal weight
Binding
Stage
Final
Change scope
Substantive
Supersedes
ASIC Class Order [CO 07/74]

Who this affects

Applies to
Fund managers Banks
Industry sector
5221 Commercial Banking
Activity scope
AFSL licensing relief Wholesale equity scheme management Financial services exemption
Threshold
$10 million minimum threshold
Geographic scope
Australia AU

Taxonomy

Primary area
Securities
Operational domain
Compliance
Topics
Banking Financial Services

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