FAQ

Can I appoint an external party as a Responsible Manager?

Sometimes, but not as a simple outsourcing workaround.

ASIC’s starting position is that Responsible Managers should generally have direct responsibility for significant day-to-day decisions about their financial services. However, RG105 allows some Responsible Managers in small-scale, heavily automated businesses that provide limited financial services to have a reduced level of day-to-day involvement. In that case, the responsible manager can be nominated as a key person and engaged under a service agreement, with defined sign-off responsibilities and a nominated director responsible for ensuring the person is consulted and engaged as needed.

Outside that narrow sign-off model, ASIC expects a Responsible Manager to be genuinely involved in the business and to have enough time available to fulfil the role. So an external consultant can sometimes be used, but only where the arrangement genuinely satisfies ASIC’s requirements. It is not enough to appoint an outside party in name only. In practice, ASIC is unlikely to be persuaded by a rent-a-responsible-manager arrangement where the person has minimal operational involvement.

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