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18-323MR ASIC to cancel Austplan’s AFS licence
ASIC will cancel the Australian financial services (AFS) licence of Austplan Pty Ltd (Austplan) effective from 25 November 2018 by agreement with the licensee.
ASIC was concerned about Austplan’s ability to do all things necessary to ensure the advice provided by its representatives was compliant. Its surveillance found deficiencies in the financial services provided by a number of Austplan representatives, including their failure to act in the best interest of their clients in relation to establishing self-managed superannuation funds (SMSF).
Austplan also received client referrals from GM Homes (Australia) Pty Ltd, a building and mortgage business, which is not licensed to provide financial advice or any other financial service.*
As part of the cancellation Austplan is required to comply with conditions such as maintaining its current Professional Indemnity insurance policy until the cancellation takes effect (25 November 2018) and its membership of Australian Financial Complaints Authority (AFCA) until all consumer complaints have been resolved. Austplan will also have to submit the required financial statements with ASIC and retain all materials relating to personal advice provided by its representatives.
ASIC is continuing to make enquiries in relation to the advice provided.
ASIC’s Deputy Chair Peter Kell said, 'AFS licensees have an obligation to ensure that their representatives are adequately trained and competent to provide financial services that are in their clients’ best interest. ASIC will take action where we see licensees not properly supervising their representatives.'
'SMSFs are not right for everyone. We encourage consumers to think carefully about investing in property and do their research before they set up an SMSF,' he said.
ASIC’s MoneySmart website provides consumers with information to consider before using an SMSF to invest in property.
Editor's Note on 9 March 2021
For the avoidance of doubt, as at the date of this Editor's Note ASIC is not investigating GM Homes (Australia) Pty Ltd (GM Homes). Furthermore, ASIC has not made any findings of misconduct in respect of GM Homes or in respect of its dealings with Austplan Pty Ltd.