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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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ASIC permanently bans financial adviser for providing false evidence to ASIC

The Australian Securities and Investments Commission (ASIC) has permanently banned financial adviser Ezzat-Daniel Nesseim from providing financial services. ASIC found that Mr Nesseim engaged in misleading and deceptive conduct, that he was not of good fame or character, and that he was likely to contravene a financial services law. In the course of an ASIC …

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ASIC permanently bans former Perth insurance broker

ASIC has permanently banned Perth insurance broker, Mr Antonino Gucciardi, from the financial services industry for misleading, deceptive and dishonest conduct. Mr Gucciardi was employed as an insurance broker by Arthur J Gallagher & Co (AUS) Ltd (AJG), formerly OAMPS Insurance Brokers Ltd, for the period 1 August 2011 to 28 October 2015 and was …

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ASIC welcomes AFCA authorisation

ASIC welcomes the authorisation by the Minister for Revenue and Financial Services of the operator of the new single external dispute resolution (EDR) scheme for consumer and small business complaints: the Australian Financial Complaints Authority (AFCA). AFCA will be able to deal with complaints about financial firms including banks, credit providers, insurance companies and brokers, …

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