Starting a managed investments scheme
To register a scheme the proposed responsible entity must be:
- a registered Australian public company, and
- hold an Australian financial services (AFS) licence authorising the responsible entity to operate the scheme.
If the proposed responsible entity does not hold an AFS licence authorising it to operate the scheme, it should ensure an application for an AFS licence, or variation of an existing licence, has been submitted to us well in advance of applying for registration of the scheme.
How to apply for an AFS licence or variation of a current licence
For more information read:
Regulatory Guide 1 AFS Licensing Kit - Part 1 - Applying for and varying an AFS licence
Regulatory Guide 2 AFS Licensing Kit - Part 2 - Preparing your AFS licence application
Regulatory Guide 3 AFS Licensing Kit - Part 3 - Preparing your additional proofs
Regulatory Guide 104 Licensing: Meeting the general obligations
Regulatory Guide 105 Licensing: Organisational competence
How to register a scheme
Current AFS licensees can lodge Form 5100 online through either the AFS licensee portal or the registered agent portal.
New AFS licence applicants can lodge Form 5100 online through the registered agent portal.
Alternatively, you can download a copy of Form 5100 and lodge it at an ASIC service centre kiosk or post it to us.
Common registration issues
Information Sheet 220 Managed investment schemes: Common registration issues (INFO 220) explains the common issues we identify in the content of scheme constitutions during the registration process, and how we address these issues.
On the registration form you will be asked to describe how scheme funds will be applied and what investment strategies are likely to be adopted.
Scheme kinds identified for licensing purposes are:
- financial assets
- direct real property
- stable property trusts or syndicates
- listed property trusts
- service strata schemes
- primary production - these schemes will be further categorised according to the type of scheme eg horticulture, aquaculture, tea trees, viticulture, forestry, cattle breeding, horse breeding, livestock grown for fleece and ratifies.
- film schemes
- time-sharing schemes
If you register a scheme online, you must attach copies of:
|1.||The scheme's constitution (as defined by s601GA).
For more information read Regulatory Guide 134 Managed Investments: Constitutions
|2.||The scheme's compliance plan (as defined by s601HA and signed in accordance with s601HC).
For more information read:
|3.||Form 5103 - a statement signed by the directors of the proposed responsible entity that:
|4.||An annexure that cross references the contents of a constitution required by s601GA and s601GB to the equivalent provisions in the scheme's constitution.|
|5.||If necessary, agent's authorities appointing another person to sign the compliance plan (see Reg 5C.4.01).|
|You will be invoiced for the $2,400 application fee.
You must retain the original documents for a period of 7 years from the date on which you lodged the form online.
If you register on paper make sure you send us:
|1.||The completed application form and fee payment of $2,400.|
|2.||Copies of the documents listed above.|
|3.||An extra photocopy of the completed application and each of the above documents.|
|Send these to:
Australian Securities & Investments Commission,
GPO Box 9827
In your capital city.