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DO RESPONSIBLE MANAGERS NEED ASIC APPROVAL? 10 Apr 2019
There is no legal requirement for ASIC to “approve” Responsible Managers (RMs), but that’s exactly what’s happening in practice. It’s now creating problems for licensees and RMs. The letter of the law Under the law, an RM is legally appointed from the date the AFS licensee det ..
DON’T LOSE TOMORROW’S LEADERS, LOCK THEM IN. 11 Mar 2019
As the level of M&A activity increases in the financial services industry post Royal Commission, it’s time to put in place incentives so you don’t lose key employees. Many business owners count on key employees being there to take over the reins. But often key employees leave to w ..
VERTICAL (DIS)INTEGRATION – ARE YOU CONFLICTED? 08 Mar 2019
Many financial advisers don’t think they have a conflict of interest, but they might be wrong. Thanks to the Royal Commission, everybody is talking about vertical integration and in-house conflicts. We explain what this means and highlight four things you can do to manage conflicts effec ..
DEAL BREAKERS & DEAL CHANGERS IN THE FINANCIAL PLANNING M&A SPACE. 01 Feb 2019
The financial services industry has seen blow after blow recently with the introduction of new Financial Adviser Standards and Ethics Authority (FASEA) education standards and the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Royal Commissi ..
IMPACT OF THE GDPR ON AUSTRALIAN BUSINESSES 05 Nov 2018
You may think you’re not affected by the European Union’s new General Data Protection Regulation because you don’t advise clients in the EU? Think again – especially if you use apps like Mailchimp or DocuSign. Even if you merely monitor your clients’ behaviour when they are travelling i ..
THE FOLD WINS AT THE 2018 PROFESSIONAL SERVICES AWARDS. 30 Oct 2018
Winning awards is great, but it’s especially rewarding when they’ve been judged by our clients! That’s why we’re thrilled to have been named a winner in both the Insurance and Banking & Finance categories at the 2018 Professional Services Awards (https://www.professionalservicesawards.com.au ..
FOS / AFCA TRANSITION INVOLVES MUCH WORK FOR AFS LICENSEES. 27 Sep 2018
By now, all credit and financial services licensees, and superannuation trustees must have joined AFCA. But don’t overlook the additional work required to effectively transition from your existing external dispute body to AFCA by 1 November 2018. The two key things you need to do are: #1 ..
5 WAYS TO FUTURE-PROOF BUY/SELL AGREEMENTS. 24 Sep 2018
Every small or medium-sized business needs a Buy/Sell Agreement. They outline what will happen if there is an unexpected event - like one of the shareholders dies or has to leave the business for serious health reasons. Like a will, the agreement can give the parties to it peace of mind and help ..
RMs, CHANGE OF CONTROL AND THE QUESTION OF COMPETENCE. 06 Sep 2018
A change of control of an AFS licensee or credit licensee is not presently subject to approval by ASIC. The ASIC Enforcement Review Taskforce has recommended that this be addressed in its third Position and Consultation paper (https://treasury.gov.au/consultation/strengthening-asic-licensing-pow ..
SME CREDIT PROVIDERS NEXT IN LINE FOR ASIC SCRUTINY. 06 Jun 2018
Although recent ASIC enforcement action and the Royal Commission have predominantly focused on the lending practices of the major banks, it would be foolhardy to assume that non-bank lenders are not a focus. Patterns emerging teach us that they are the next focus. How do we know this? W ..
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