Advice Governance

Is a superannuation trustee allowed to request client advice documents from advisers for advice-fee oversight?

ASIC and APRA guidance confirm that superannuation trustees are allowed to request client advice documents from advisers for targeted, proportionate...

Can I implement a client’s requested strategy without analysis?

ASIC expects financial advisers to analyse a client’s requested strategy before implementing it when providing personal advice. This applies to...

When is advising a foreign client a low risk from a regulatory perspective?

ASIC expects AFS licensees to treat advising foreign clients as lower risk where services are incidental, client-initiated, and not ongoing...

When does advising a foreign client become high risk from a regulatory perspective?

ASIC expects AFS licensees to treat advising foreign clients as high risk where services are targeted, ongoing, or involve cross-border...

What happens if an adviser breaches the Best Interests Duty?

If a financial adviser breaches the Best Interests Duty under section 961B of the Corporations Act, ASIC may take enforcement...

Is there a checklist for the best interest duty?

There is no mandated checklist, but Section 961B(2) of the Corporations Act provides a list of steps that, if followed,...

What are the safe harbour steps under the Best Interests Duty?

Section 961B of the Corporations Act sets out safe harbour steps that, if satisfied, indicate a financial adviser has met...

Does an Approved Product List (APL) restrict adviser independence or create conflicts of interest?

No, an Approved Product List (APL) does not inherently restrict adviser independence or create conflicts of interest, unless it is...

How do you determine appropriateness of financial advice?

ASIC expects AFS licensees and advisers to determine appropriateness by demonstrating that the advice is based on the client’s relevant...

What makes a Statement of Advice (SOA) compliant and effective versus poor quality?

ASIC expects Statements of Advice to clearly demonstrate how advice is appropriate and in the client’s best interests, where strong...

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