Securities and Futures Act 2001 · 2020 Revised Edition · Part 4 · Holders of Capital Markets Services Licence and Representatives
99F. Temporary representative
Feedback & supportLast amended by an amending law of 2009.
For the purposes of this Act, a temporary representative in respect of a type of regulated activity is an individual —
temporary representative
“temporary representative”, in respect of a type of regulated activity, has the meaning given to that expression by section 99F, and “temporary representative” means a temporary representative in respect of any type of regulated activity;
who satisfies such entry requirements as the Authority may specify for that type of regulated activity;
whose name is entered in the public register of representatives as a temporary representative;
whose status as a temporary representative has not currently been revoked or suspended and who has not currently been prohibited by the Authority from carrying on business in that type of regulated activity;
whose entry in the public register of representatives indicates that he or she is appointed to carry on business in that type of regulated activity and does not indicate that he or she has ceased to be so;
whose principal —
is licensed to carry on business in that type of regulated activity; or
carries on business in that type of regulated activity in its capacity as a person exempted from the requirement to hold a capital markets services licence under section 99(1)(a), (b), (c) or (d); and
who is not, by virtue of any circumstances prescribed by the Authority, disqualified from acting as a temporary representative.
An individual may only be a temporary representative in respect of any type of regulated activity for such period of time as the Authority may specify against his or her name in the public register of representatives.
regulated activity
“regulated activity” means an activity specified in the Second Schedule;
A temporary representative in respect of any type of regulated activity immediately ceases to be one —
upon the expiry of the period of time specified by the Authority under subsection (2);
if he or she fails to comply with any condition or restriction imposed on him or her under section 99N; or
on the occurrence of such other circumstances as the Authority may prescribe.
Section 99D(3) to (8) (other than section 99D(4)(e)) applies to a temporary representative —
as if the reference in section 99D(6) to section 99D(1) were a reference to subsection (1); and
with such other modifications and adaptations as the differences between temporary representatives and appointed representatives require.