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Australia · Legal News

ASIC Raises Capital Buffers for Managed-Scheme Operators

A new legislative instrument raises net tangible asset requirements and introduces annual indexation from July 2027.

Australia’s corporate regulator has made a legislative instrument that will raise the net tangible asset requirements applying to operators of managed investment structures from 1 July 2027.

ASIC Corporations (Amendment) Instrument 2026/708 changes the financial requirements for responsible entities of registered managed investment schemes. The same framework applies to operators of investor-directed portfolio services and corporate directors of retail corporate collective investment vehicles.

The new instrument implements a policy ASIC announced in July after consultation. It increases the minimum financial thresholds to reflect inflation since the requirements were last updated in 2013 and introduces annual indexation intended to preserve their real value. ASIC will publish the recalculated thresholds each year once the relevant inflation data is available.

The measure amends the existing 2023 financial-requirements instrument rather than replacing the licensing regime. Firms remain subject to the broader Australian financial services licence obligations, while the higher asset buffer is designed to give operators greater capacity to meet costs and manage an orderly transition if a scheme encounters difficulty.

ASIC has also reissued Regulatory Guide 166 to reflect the coming changes. The delayed commencement gives existing operators time to assess their capital position before the first higher threshold applies.

The instrument was registered before the regulator’s announcement but the announcement itself, together with the updated regulatory guide, marks the formal implementation stage. It is a binding legislative change with future effect, not a further consultation proposal.

Read ASIC’s official notice and instrument links.

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