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Notice
On 30 November 2023 ASX released its Response to Consultation Feedback regarding proposed Rule Amendments to facilitate the implementation of ASIC’s updated exchange traded product (ETP) naming expectations.
The response to consultation feedback contains a summary of stakeholder feedback received and ASX’s response to such feedback.
It also includes updates to the draft rule amendments in response to stakeholder feedback received, relevantly:
- the definition of ETF in ASX Operating Rule [7100]; and
- the description of the basis of valuation for the total and net flow of funds disclosure in the Procedure to AQUA Rule 10A.4.1(f).
Background
In November 2022 ASIC released a revised version of INFO 230 setting out updates to ASIC’s regulatory expectations in relation to exchange traded product (ETP) naming conventions. This followed consultation by ASIC during the course of 2022 on stakeholder experiences on such naming convention and proposals to simplify them and to promote flexibility in the next phase of ETP market development.
In June 2023, ASX sought stakeholder feedback on proposed amendments to the ASX Operating Rules and ASX Settlement Operating Rules to:
- implement ASIC’s revised INFO 230 expectations regarding ETP naming conventions;
- provide a clear transitional framework for existing AQUA Product Issuers for the migration of existing AQUA Products to the new naming convention; and
- make other consequential structural enhancements and tidy-up amendments to Schedule 10A of the ASX Operating Rules (AQUA Rules).
ASX’s Response to Consultation Paper, including the updates to ASX’s proposed draft rule amendments, is available here.
What do I need to do by when?
All rule amendments, including any changes made through the public consultation process, will be subject to the usual regulatory clearance processes. Following the regulatory clearance process, a final set of rule changes will be released.
Subject to regulatory clearance, ASX plans to release to market the final rules package in mid-March 2024.
The final form of the rule amendments are expected to become effective in mid-April 2024.
Need more information?
Issued by
Andrew Campion
General Manager, Investment Products
Contact information
Con Korkofigas
Senior Manager and Senior Legal Counsel
T +61 2 9227 0433
E con.korkofigas@asx.com.au
Rohan Cush
Senior Legal Counsel
T +61 2 9227 0403
E rohan.cush@asx.com.au