ASIC Tightens Scrutiny on AFSL Records: Firms Need to Act

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Starting 1 August 2024, ASIC will launch an in-depth compliance program aimed at verifying the authenticity of the qualifications reported on the FAR. Any inaccurately recorded qualifications may lead to enforcement actions by the regulatory body.

As the enforcement date of 1 January 2026 approaches, it is paramount for advisers to conform to the qualification standards. This could be achieved by completing an ASIC-approved qualification, earning an equivalent qualification as recognized by the government for existing advisers, or utilizing the experienced provider pathway.

Significantly, ASIC discovered that many qualifications represented as 'approved' were, in reality, bridging courses or professional designations, such as a Certified Financial Planner (CFP). Other qualifications inaccurately marked as 'approved' included the financial adviser exam and RG146 training/qualifications, which are not considered valid under current regulations.

Further findings revealed incorrect contact details for financial advisers associated with Australian Financial Services Licensees (AFSLs), prompting ASIC to demand immediate rectifications. The regulator calls on AFSLs to thoroughly verify and update all aspects of adviser information on the FAR, focusing particularly on their approved qualifications, capacity to provide tax (financial) advice services, and ensuring accurate business addresses and phone numbers.

Providing false or misleading information to ASIC, or failing to take reasonable steps to ensure the information is accurate, is a serious offence. Moreover, failing to update the FAR within 30 business days following a change in an adviser's details also constitutes an offence.

A notable shift will occur from 1 July, when the Financial Services Register will cease displaying whether an adviser's training meets the 'approved' qualification requirement. This change underscores the need for AFSLs to maintain rigorous and proactive records management practices.

Drawing from the original source of this initiative, it is essential for financial service providers to heed ASIC's warnings and ensure compliance. These steps are crucial in upholding the integrity and trustworthiness of the financial advisory profession.

Published:Wednesday, 31st Jul 2024
Source: Paige Estritori

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