Advice Governance

What are the consequences of incorrectly classifying a client as retail or wholesale?

Under the Corporations Act, incorrectly classifying a client as retail or wholesale can cause an AFS licensee to breach applicable...

Is commission on group life insurance conflicted remuneration?

ASIC and the Corporations Act treat commission on group life insurance as not conflicted remuneration when a specific legislative exemption...

Is life insurance commission conflicted remuneration?

Life insurance commission is not always conflicted remuneration. Under the Corporations Act, commissions paid on certain life insurance products are...

When is ECDD required for family trusts and SMSFs under the AML/CTF reforms?

AUSTRAC’s AML/CTF reforms do not make ECDD automatically required for family trusts or SMSFs. ECDD is required when trust CDD...

What warning signs indicate an adviser needs closer supervision?

ASIC does not prescribe a fixed list of indicators that require closer supervision of an adviser. However, AFS licensees should...

How does ASIC assess advice quality during surveillance?

ASIC assesses the quality of advice by examining whether AFS licensees can demonstrate that personal advice complies with their legal...

What is the difference between a Managed Discretionary Account (MDA) and a Managed Investment Scheme (MIS)?

ASIC distinguishes a Managed Discretionary Account (MDA) from a Managed Investment Scheme (MIS) based on how investments are managed and...

What customer due diligence (CDD) is expected of Tranche 2 entities under the AML/CTF reforms?

AUSTRAC expects Tranche 2 entities to apply the AML/CTF customer due diligence framework when providing a designated service, unless a...

If a beneficiary appointed under a valid power of attorney instructs an adviser to transfer funds from the parent’s estate or accounts to themselves, what should the adviser do?

The adviser should generally treat the attorney as the authorised instructing party when the power of attorney is valid, current,...

Can advisers use ChatGPT to draft SOAs?

Yes. ASIC expects AFS licensees and advisers to remain responsible for the quality, appropriateness and compliance of advice when using...

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