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ASIC bans SMSF financial adviser for four years and suspends licence

ASIC has banned Queensland financial adviser James Cribb from providing financial services for four years and suspended his Australian financial services (AFS) licence, held by Mode AFSL Pty Ltd (Mode), for 10 weeks. ASIC found that Mr Cribb failed to act in his clients’ best interests when providing advice on self managed superannuation funds (SMSF). …

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Findings from 31 December 2017 financial reports

ASIC today announced the results from a review of the 31 December 2017 financial reports of 90 listed and other public interest entities. Arising from that review, ASIC has made enquiries of 17 entities on 20 matters, seeking explanations of accounting treatments. ASIC Commissioner John Price said, ‘The number of companies that quantified the impact …

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ASIC consults on credit card responsible lending assessments

ASIC has today issued a consultation paper (CP 303) which proposes responsible lending assessments for credit cards be based on whether the consumer can afford to repay the credit limit within three years. This proposal follows recent reforms to the regulation of credit card lending. Under the revised responsible lending obligations, a credit card contract …

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Dover Financial Advisers’ financial services licence to be cancelled

On 28 June 2018, ASIC accepted a Court Enforceable Undertaking from Melbourne-based Dover Financial Advisers Pty Ltd and its sole director, Mr Terry McMaster. Mr McMaster is named as the Key Person on Dover’s AFS Licence (AFSL). Under the terms of the Court Enforceable Undertaking, Dover will cease operating its financial services business by 6 …

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ASIC accepts court enforceable undertaking from Vantage Global Prime to address systems and controls inadequacies within its CFD business

ASIC has accepted a court enforceable undertaking from Vantage Global Prime Pty Limited (Vantage). Vantage is an Australian Financial Services licensee that is authorised to deal in financial products including CFDs to retail and wholesale clients. CFDs are derivative financial products that are generally not bought or sold on an exchange traded market in Australia. …

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ASIC launches civil penalty proceedings against former Quintis managing director Frank Wilson

ASIC has commenced civil penalty proceedings in the Federal Court of Australia against Frank Cullity Wilson, former managing director of Quintis Limited (Quintis), for failing to discharge his duties as a director under section 180 of the Corporations Act 2001 (Cth). ASIC is alleging that by failing to disclose to the Quintis Board of directors …

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ASIC suspends AFS licence of Vesta Living Communities

The Australian Securities and Investments Commission (ASIC) has suspended the Australian financial services (AFS) licence of Vesta Living Communities Ltd (Vesta) after concluding that it had not maintained adequate compliance measures to meet its licence obligations. ASIC found Vesta had not met the organisational competence and financial resource requirements of its licence. Specific findings included …

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ASIC temporarily extends relief for managed investment and superannuation schemes for certain disclosure obligations

ASIC has extended two ASIC instruments to allow additional time to consider the policy position in relation to certain disclosure obligations of managed investment schemes and superannuation trustees. The relevant instruments are: [CO 12/749] Relief from the Shorter PDS regime and ASIC Superannuation (RSE Websites) Instrument 2017/570. Each instrument had been due to expire on …

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ASIC gives disclosure relief during transition to AFCA

ASIC has announced it will give financial firms, including superannuation trustees, transitional relief until 1 July 2019 to allow them time to update mandatory disclosure documents and periodic statements with the contact details of the Australian Financial Complaints Authority (AFCA). AFCA is the new single external dispute resolution (EDR) scheme for consumer and small business …

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