Search Result
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How to write a shorter SoA: The Power of Pruning!
03 Jun 2021One of the general fundamentals of gardening, is that to nurture a plant, and maximise its beauty and proliferation for future seasons, is the need to skilfully prune the plant, removing the
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How to stay out of trouble? Key risks and lessons for Responsible Managers
01 Sep 2025Unlike a director or officer, a Responsible Manager (“RM”) is not a legal concept. The term does not exist in the Corporations Act 2001 (“the Act”). It is a tool that ASIC has created in i
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How to score an A+ at your next licensee compliance audit
03 Oct 2019When did you sit your last exam? Remember the mixed feelings of anticipation and dread? You probably recall the feeling more vividly than the subject matter. Memories like that are not stored in the s
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How to be a Responsible Manager – Competence & Responsibilities
09 Nov 2022The Responsible Manager (RM) is one of the most important positions that an Australian Financial Services (AFS) Licensee has to maintain. They are the person (or, more likely, persons) who demonstra
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How Legal are your Corporate Authorised Representative / Authorised Representative Agreements? Take the Quiz
03 Sep 2020In October 2016, we published a brief article entitled “Is your Standard Form Contract bullet proof?”. That article was prepared immediately prior to the changes to the Unfair Contracts regime c
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How can a computer comply with the Best Interests Duty (BID)?
13 Sep 2019The best interests duty Section 961B of the Corporations Act 2001 (Cth) (“the Act”) requires a provider of financial product advice to act in the best interests of the client in relation to the a
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High Court to provide clarity on the meaning of Personal and General Financial Product advice
27 Aug 2020The High Court of Australia is set to provide clarity as to when the line will be crossed between the giving of general financial product advice and the giving of personal financial product advice.
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FSG relief – what’s in it for me?
29 Oct 2024From 10 July 2024, advice licensees and their corporate authorised representatives (CARs) and Authorised Representatives (ARs) have been able to take advantage of modest relief in relation to Financia
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Foreign Financial Service Provider’s guide to the new licensing regime
24 Jun 2026How can a Foreign Financial Services Provider (FFSP) operate in Australia? Background If you are a foreign entity carrying on a financial services business “in Australia” then you must hold an A
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Finfluencers, referrers and discussing financial products online
08 Aug 2022In this article, we take a look at the key issues arising when AFS licensees work with referrers and finfluencers to distribute their products or services. Who are referrers and finfluencers? Refer