ARTICLE
15 July 2026

Navigating Australia’s FFSP Regime—practical Licensing, Exemptions, And Notification Support

AO
A&O Shearman

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A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
The foreign financial services provider regime introduces three new exemptions and mandatory ASIC notification requirements, commencing April 8, 2027. Firms providing services that touch Australia—even offshore—face timing risks as existing relief expires March 31, 2027. Understanding eligibility pathways and operational readiness for the transition window is now critical for foreign financial services providers.
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The foreign financial services provider (FFSP) regime commences from April 8, 2027. Existing relief continues until March 31, 2027 (although this date may be extended). The new regime introduces three new exemptions (Professional Investor, Comparable Regulator and Market Maker) and a mandatory ASIC notification requirement within a 15-business-day window.

Why it matters

Firms may be caught even if services are provided offshore, particularly where marketing or dealing activity touches Australia. You may be relying on existing relief and will want to ensure your services have the benefit of an exemption under the new FFSP regime when that existing relief ends. Timing risk (transition expiry and notification windows) is now as important as eligibility.

How we can help

We help foreign financial services providers move quickly from exposure assessment to the right pathway (AFS licence or exemption), with operational support for Australian Securities and Investments Commission (ASIC) notifications.

Our Australian financial services regulatory team has been at the forefront of these developments, actively participating in legislative consultation and assisting clients in managing their position, including:

  • rapid exposure assessment
  • exemption eligibility and evidence mapping
  • Australian Financial Services Licence (AFSL) licensing strategy and execution 
  • ASIC notification process design
  • cross-border structuring and governance.

Speak to our team about your licensing or exemption pathway and operational readiness.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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