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Part 3 · Licensing of Major Foundational Digital Infrastructure Service Providers

12. Restriction on transfer of major FDI licence

(1)

A major FDI licence is not transferable to any other person without the written approval of the Authority.

(2)

Any purported transfer of a major FDI licence without the written approval of the Authority is void.

(3)

The Authority may approve the transfer of a major FDI licence —

(a)

on the application of the licensee and the intended transferee; (b)after considering the matters in section 9(2), as modified by replacing each reference to the applicant with the intended transferee and making other necessary modifications; and

(c)

in accordance with this section.

(4)

A major FDI licence may only be transferred to a person which —

(a)

is eligible under section 9(3) to be granted a licence; and

(b)

meets any other criteria that may be prescribed.

(5)

The Authority’s approval under this section may be given with or without conditions.

(6)

A transfer of a major FDI licence takes effect on —

(a)

the date on which the conditions (if any) for the Authority’s approval of the transfer are met; or

(b)

such other date as the Authority may specify.

(7)

The transfer of a major FDI licence does not affect any criminal or civil liability incurred by the original licensee.

Part 4

Licensing of Data Centre Operators

Part 5

Reconsiderations and Appeals

Part 6

Enforcement

Part 7

Miscellaneous

Part 8

Related Amendments to Cybersecurity Act 2018

Part 9

Saving and Transitional Provisions

Schedules