AFSL Fundamentals

What are the responsibilities of an AFSL Responsible Manager?

An AFSL Responsible Manager helps the licensee demonstrate and maintain organisational competence under ASIC Regulatory Guide 105 (RG 105). The...

What does efficiently, honestly and fairly mean for an AFSL?

Section 912A(1)(a) of the Corporations Act requires an AFS licensee to do all things necessary to ensure the financial services...

When does poor financial advice become a systemic compliance issue?

Poor financial advice becomes a systemic compliance issue when the evidence indicates the problem may extend beyond the individual file,...

How should an AFSL risk-rate its financial advisers?

An AFSL should risk-rate its advisers using multiple lead and lag indicators, then use the rating to change supervision intensity,...

What are “reasonable steps” for an AFSL supervising its financial advisers?

“Reasonable steps” means an AFS licensee must have a risk-based supervision framework capable of preventing, detecting, escalating and remediating adviser...

What’s the difference between an SMA and an SMA mandate?

ASIC treats an SMA as a managed account structure, while an SMA mandate is the investment rule set used within...

How do compliance programs increase client retention rates?

ASIC expects AFS licensees to maintain compliance systems, and those programs increase client retention by turning regulatory obligations into reliable...

What is the key difference between “ongoing review” and an “annual review”?

ASIC doesn’t define “ongoing review” and an “annual review” as separate statutory categories. The key distinction is that ongoing review...

Does supervising a corporate authorised representative mean the licensee can rely on the company to supervise its own advisers?

No. ASIC expects an AFS licensee’s supervision obligation to apply when a corporate authorised representative or its advisers provide financial...

Why does retail or wholesale client classification matter?

Under the Corporations Act, retail or wholesale client classification determines which consumer protection obligations apply to an AFS licensee. Correct...

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