Law Council of Australia

Business Law Section

Proposed extension of instrument relieving securitisation entities from holding an AFS licence

Submission Date: 20 February 2026

This submission is made by the Financial Services Committee of the Business Law Section of the Law Council of Australia in response to CS 43, which was issued by the Australian Securities and Investments Commission (ASIC) on 20 January 2026.

Background

Expiring ASIC Corporations (Securitisation Special Purpose Vehicles) Instrument 2016/272 provides relief for securitisation entities from the requirement to hold an AFS licence in certain circumstances.

Draft ASIC Corporations (Securitisation Special Purpose Vehicles) Instrument 2026/XXX published by ASIC with CS 43 remakes—and is largely on the same terms and to the same effect as—the expiring Instrument 2016/272.

Last Updated on 25/02/2026

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