PART 2 | LICENSING OF DIGITAL TOKEN SERVICE PROVIDERS |
| Division 1 — Application for licence, etc. |
| 6. An application for the grant of a licence must be in Form 1 and must be lodged with the Authority together with any relevant document or information that may be specified in the Form or by the Authority. |
| Prescribed financial requirements under section 138(3)(e) of Act |
7. For the purposes of section 138(3)(e) of the Act, the prescribed financial requirements are as follows:| (a) | if the applicant is an individual — maintaining with the Authority security in the form of a cash deposit of at least $250,000; | | (b) | if the applicant is a company — a base capital of at least $250,000; | | (c) | if the applicant is a partnership or limited liability partnership — a total capital contribution of at least $250,000. |
|
8. For the purposes of section 141(1)(c) of the Act, a licence lapses upon the occurrence of any of the following other events:| (a) | the licensee is licensed to carry on a business of providing one or more types of digital token service, and fails to carry on the business of providing that type or at least one of those types of digital token service —| (i) | within the period of 6 months (or any longer period that the Authority may allow) starting on the date of the grant of the licence; or | | (ii) | for a continuous period of 6 months (or any longer period that the Authority may allow); |
| | (b) | the licensee —| (i) | has ceased to carry on the business of providing the type of digital token service or all of the types of digital token service authorised to be provided by the licence; and | | (ii) | either —| (A) | has not resumed carrying on the business of providing that type or any of those types of digital token service within the period of 6 months (or any longer period that the Authority may allow) starting on the date of the cessation of business; or | | (B) | has resumed carrying on such business within the period mentioned in sub‑paragraph (A) but for less than a continuous period of 6 months (or any longer period that the Authority may allow) starting on the date of the resumption of business. |
|
|
|
| Division 2 — Conduct of business |
| Financial requirements while licence is in force |
9. For the purposes of section 138(6)(a) of the Act, the prescribed financial requirements that a licensee must satisfy while his, her or its licence is in force, are —| (a) | if the licensee is an individual — maintaining with the Authority security in the form of a cash deposit of at least $250,000; | | (b) | if the licensee is a company — a base capital of at least $250,000; or | | (c) | if the licensee is a partnership or limited liability partnership — a total capital contribution of at least $250,000. |
|
Division 3 — Approval of chief executive officers, directors, partners or managers of licensees |
| Approval of chief executive officer, director, partner or manager of licensee |
10.—(1) For the purposes of section 155(2) of the Act, an application made under section 155(1) of the Act must be in Form 2.| (2) The Authority may require a licensee that makes an application under section 155(1) of the Act to provide the Authority with any information or documents that the Authority considers necessary in relation to the application. |
|
11. For the purposes of section 158(4)(b) of the Act, a report of an audit on a licensee must —| (a) | be submitted to the Authority in Form 3 —| (i) | if the licensee is a company — not later than 6 months after the end of the financial year in respect of which the audit is conducted; or | | (ii) | if the licensee is a partnership, a limited liability partnership or an individual — not later than 6 months after the end of the period for which the licensee’s financial statements are made up and in respect of which the audit is conducted; |
| | (b) | state the name and contact details of the auditor conducting the audit; and | | (c) | be signed by the auditor conducting the audit. |
|
|