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As a credit licensee, can you sign the Annual Compliance Certificate?
18 Dec 2019
Fiona McCord
Previously a Senior Associate at Holley NethercoteIf you are a credit licensee, you must lodge an annual compliance certificate with ASIC within 45 days of your licensing anniversary each year. Your licensing anniversary is the anniversary…...
Read morePaying a member’s financial advice fees out of a super fund
29 Nov 2019
David Court
PartnerAn issue that regularly arises in relation to the provision of financial advice is whether the cost of that advice can be paid out of a superannuation fund of which…...
Read moreFederal Court dismisses ASIC’s test case against Westpac on Responsible Lending
08 Nov 2019
Jesse Vermiglio
PartnerIn early August 2019, Justice Perram of the Federal Court dealt ASIC a significant blow by dismissing its case that Westpac had breached responsible lending laws. In some ways, the…...
Read more12 Problem Words for Financial Services Promotional Materials
25 Oct 2019
David Court
PartnerWhatever your financial services business model, you are legally responsible for the content of the promotional material that you publish or otherwise make available in the public arena. This blog…...
Read more10 easy steps to draft ‘clear, concise and effective’ Statements of Advice (SOA)
17 Oct 2019
Zoe Higgins
Previously a Special Counsel at Holley NethercoteFinancial advisers are required to provide Statements of Advice (SOAs) that are “clear, concise and effective”. But what does this actually mean in practice? We share some tips and identify…...
Read moreTop 10 Mistakes Credit Licensees are making – and how to prevent them
17 Oct 2019
Zoe Higgins
Previously a Special Counsel at Holley NethercoteWe have put together a list of the most common mistakes we've seen credit licensees make, and how to avoid them. Although some of these are specific to the credit…...
Read moreAPRA regulatory reporting for general insurance providers
17 Oct 2019
David Court
PartnerAre you an AFSL holder and authorised to deal in general insurance? If so, you should be aware of your obligations to provide data to APRA every six months by…...
Read moreAFCA: A fair worry
08 Oct 2019
Zoe Higgins
Previously a Special Counsel at Holley NethercoteWhen I was in my second or third year of law school, I remember having to read some EDR scheme decisions to answer the following question: “What role do considerations…...
Read more10 tips to keep your promotional material from being misleading or deceptive
07 Oct 2019
Rachel Erlich
Special CounselWhether your business provides financial services, credit services or anything else, you are legally responsible for the content of the promotional material that you publish, or otherwise make available, in…...
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