Ongoing licensee obligations
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Home > For finance professionals > AFS licencees > AFS licensee obligations
Overview
RG 36 Licensing: Financial product advice and dealing
RG 104 AFS licensing: Meeting your general obligations
RG 105 Licensing: Organisational competence
RG 146 Licensing: Training of financial product advisers
RG 256 Client review and remediation conducted by advice licensees
RG 267 Oversight of the Australian Financial Complaints Authority
RG 269 Approval and oversight of compliance schemes for financial advisers
RG 271 Internal dispute resolution
RG 277 Consumer remediation (see 20-308MR and 22-260MR)
INFO 202 Disputes about the financial advisers register
INFO 237 Protecting against share sale fraud
REP 555 Cyber resilience of firms in Australia’s financial markets
ASIC Corporations (Professional Standards—Transitional) Instrument 2018/894 (see 19-309MR)
Adviser training
INFO 260 FAQs: Timeframe for passing the financial adviser exam (see news item - September 2021)
RG 104 Licensing: Meeting your general obligations
RG 146 Licensing: Training of financial product advisers
RG 269 Approval and oversight of compliance schemes for financial advisers
ASIC Corporations (Professional Standards—Transitional) Instrument 2018/894 (see 19-309MR)
ASIC Corporations (Existing Providers) Instrument 2022/241
REP 595 Response to submissions on CP 300 Approval and oversight of compliance schemes for financial advisers
Related information
For finance professionals > AFS licensees > Professional standards for financial advisers
For finance professionals > Financial services > Financial advice > Educational requirements > Financial adviser exam
Authorised representatives
RG 104 Licensing: Meeting your general obligations
RG 146 Licensing: Training of financial product advisers
RG 175 Licensing: Financial product advisers - Conduct and disclosure
RG 269 Approval and oversight of compliance schemes for financial advisers
INFO 88 Notifying ASIC of the appointment of authorised representatives
INFO 91 Who can be the authorised representative of a licensee?
INFO 202 Disputes about the financial advisers register
INFO 250 Giving AFS and credit licensees information about their representatives (see news item)
Client accounts
RG 104 Licensing: Meeting your general obligations
RG 179 Managed discretionary account services
INFO 226 Complying with the ASIC Client Money Reporting Rules 2017
REP 546 Response to submissions on CP 291 Reporting rules: Derivative retail client money
Codes of conduct
CP 310 Review of ePayments Code: Scope of the review (see 19-049MR)
19-319MR ASIC outlines approach to advice licensee obligations for the financial adviser code of ethics
RG 183 Approval of financial services sector codes of conduct
RG 269 Approval and oversight of compliance schemes for financial advisers
REP 329 Response to submissions on CP 191 FOFA: Approval of codes of conduct for exemption from opt-in requirement
ASIC Corporations (Approval of Banking Code of Practice) Instrument 2019/663 (see 19-162MR)
ASIC Corporations (Approval of March 2020 Banking Code of Practice) Instrument 2019/1255 (see 19-358MR)
ASIC Corporations (Approval of Variation of March 2020 Banking Code of Practice) Instrument 2020/602 (see 20-148MR)
ASIC Corporations (Approval of Variation March 2020 Banking Code of Practice) Instrument 2021/11 (see 20-003MR)
REP 718 Response to submissions on CP 341 Review of the ePayments Code: Further consultation (see 22-041MR)
Related information
Home > Regulatory resources > Financial services > ePayments Code
Home > For consumers > Codes of conduct
Compensation arrangements
RG 126 Compensation and insurance arrangements for AFS licensees
RG 166 Licensing: Financial requirements
RG 172 Australian market licences: Australian operators
RG 177 Australian market licences: Overseas operators
RG 256 Client review and remediation conducted by advice licensees (see 20-308MR, 21-307MR and 22-260MR)
RG 277 Consumer remediation (see 20-308MR, 21-307MR and 22-260MR)
Conflicted remuneration
RG 246 Conflicted remuneration (see 20-318MR)
REP 328 Response to submissions on CP 189 Future of Financial Advice: Conflicted remuneration
ASIC Corporations (Disclosure of Lack of Independence) Instrument 2021/125 (see 21-058MR)
Derivatives
RG 227 Over-the-counter contracts for difference: Improving disclosure for retail investors
Dispute resolution
This section contains:
- Overview
- The Australian Financial Complaints Authority (AFCA)
- Internal dispute resolution
- Internal dispute resolution (IDR) data reporting
Overview
RG 267 Oversight of the Australian Financial Complaints Authority
RG 271 Internal dispute resolution
Related information
INFO 207 Disputes about commercial loans
INFO 236 Dispute resolution for Indigenous corporations
The Australian Financial Complaints Authority (AFCA)
RG 267 Oversight of the Australian Financial Complaints Authority
ASIC and AFCA sign memorandum of understanding
AFCA Scheme Authorisation 2018
INFO 176 What to do if you are dissatisfied with a decision by the Australian Financial Complaints Authority
Background
18-123MR ASIC welcomes AFCA authorisation
22-103MR Lightspeed Finance and director to pay $220,000 for failure to give effect to an AFCA determination
22-274MR ASIC bans Sydney-based director for three years over refusal or failure to pay AFCA determinations
22-365MR ASIC cancels or suspends twenty-one Australian credit licenses
23-009MR Home finance companies and directors to pay $150,000 for failing to cooperate with AFCA
Internal dispute resolution
RG 271 Internal dispute resolution
ASIC Corporations, Credit and Superannuation (Internal Dispute Resolution) Instrument 2020/98
ASIC Corporations and Credit (Breach Reporting—Reportable Situations) Instrument 2021/716
Background
REP 603 The consumer journey through the Internal Dispute Resolution process of financial service providers
REP 665 Response to submissions on CP 311 Internal dispute resolution: Update to RG 165
Internal dispute resolution (IDR) data reporting
IDR Data Reporting Handbook (PDF 1.4 MB - reissued 5/5/2023)
ASIC Corporations (Internal Dispute Resolution Data Reporting) Instrument 2022/205
Home > Regulatory resources > Financial services > Dispute resolution > Internal dispute resolution data reporting
Background
19-115MR Doing the right thing by your customers: ASIC consults on lifting standards and transparency of complaints handling
20-327MR ASIC seeks further feedback on internal dispute resolution data reporting requirements
21-177MR ASIC publishes Internal Dispute Resolution data dictionary and glossary ahead of pilot
22-071MR ASIC releases final internal dispute resolution data reporting requirements
23-117MR ASIC updates the implementation timeframe for the internal dispute resolution data reporting framework
Dual credit/AFS licensees
INFO 134 Complying with your obligations if you are both a credit licensee and an AFS licensee
Financial accountability regime (FAR)
RG 278 ADIs: Transitioning to the Financial Accountability Regime (see 23-265MR)
Financial reporting and audit
RG 34 Auditors’ obligations: reporting to ASIC
ASIC Corporations (Financial Reporting: Natural Person Licensees) Instrument 2017/307
ASIC Corporations (Foreign Licensees and ADIs) Instrument 2016/186
ASIC Corporations (Records: Dealings on Foreign Markets) Instrument 2016/889
ASIC Corporations (Foreign Licensees and ADIs) Instrument 2016/186
ASIC Corporations (AFSL Audit Opinion) Instrument 2015/586
REP 409 Response to submissions on CP 214 Updated record-keeping obligations for AFS licensees
Related information
22-128MR ASIC announces financial reporting changes for AFS licensees
Regulatory index topic: Financial reporting
Regulatory index topic: Auditors
Financial requirements
RG 166 Licensing: Financial requirements
Related information
Regulatory index topic: Financial services: Financial services disclosure - Financial services guide
Insurance
INFO 253 Claims handling and settling: How to comply with your AFS licence obligations
Limited AFS licensees
INFO 227 What can limited AFS licensees do?
INFO 228 Limited AFS licensees: Advice conduct and disclosure obligations
INFO 229 Limited AFS licensees: Complying with your licensing obligations
Managing conflicts of interest
RG 79 Managing conflicts of interest: An ASIC guide for research report providers
RG 181 Licensing: Managing conflicts of interest
RG 172 Australian market licences: Australian operators
RG 177 Australian market licences: Overseas operators
RG 246 Conflicted remuneration
RG 248 Litigation schemes and proof of debt schemes: Managing conflicts of interest
REP 486 Sell-side research and corporate advisory: Confidential information and conflicts
REP 605 Allocations in equity raising transactions
ASIC Corporations (Disclosure of Lack of Independence) Instrument 2021/125 (see 21-058MR)
Organisational competence
RG 105 Licensing: Organisational competence
Reference checking and information sharing
21-180MR ASIC releases reference checking and information sharing protocol for financial advisers and mortgage brokers
INFO 257 ASIC reference checking and information sharing protocol
ASIC Corporations and Credit (Reference Checking and Information Sharing Protocol) Instrument 2021/429
REP 694 Response to submissions on CP 333 Implementing the Royal Commission recommendations: Reference checking and information sharing
Example references for a financial adviser and mortgage broker
Related information
RG 104 AFS licensing: Meeting your general obligations
RG 205 Credit licensing: General conduct obligations
INFO 126 Credit representatives
INFO 134 Complying with your obligations if both credit licensee and AFS licensee
INFO 229 Limited AFS licensees: Complying with your licensing obligations
Relevant providers
INFO 268 FAQs: Regulation and registration of relevant providers who provide tax (financial) advice services
ASIC Corporations (Registration of Relevant Providers) Instrument 2023/490
News item 2/2/2023 Financial Advisers Register now displays whether financial advisers can provide tax (financial) advice
Reportable situations (formerly 'Breach reporting')
Effective 1 October 2021, AFS and Australian credit licensees will be required to submit reportable situations to ASIC via the approved form available in the ASIC Regulatory Portal.
Related information
Home > Regulatory resources > Financial services > Breach reporting by AFS licensees > Reportable situations for AFS and credit licensees
Home > Regulatory resources > Credit > Reportable situations
Breach reporting reforms
23-106MR ASIC releases updated guidance for licensees on reportable situations
- RG 78 Breach reporting by AFS licensees and credit licensees (commences 1 October 2021)
22-214MR ASIC’s approach to breach reporting: implementation of reportable situations regime (10 August 2022)
22-295MR Breach reporting: ASIC publishes insights from the reportable situations regime (27 October 2022)
- REP 740 Insights from the reportable situations regime: October 2021 to June 2022
21-235MR ASIC publishes guidance on breach reporting (7 September 2021)
- INFO 259 Complying with the notify, investigate and remediate obligations
- RG 78 Breach reporting by AFS licensees and credit licensees (commences 1 October 2021)
- REP 698 Response to submissions on CP 340 Breach reporting and related obligation (see Draft regulatory guide (PDF 613 KB), Draft information sheet (PDF 217 KB) and 21-080MR)
Related information
ASIC Corporations and Credit (Breach Reporting—Reportable Situations) Instrument 2021/716
REP 775 Insights from the reportable situations regime: July 2022 to June 2023 (see 23-288MR)
Whistleblower policies
RG 270 Whistleblower policies
INFO 238 Whistleblower rights and protections (see 19-164MR)
INFO 239 How ASIC handles whistleblower reports (see 19-164MR)
19-038MR ASIC welcomes new whistleblowing laws
19-308MR ASIC gives guidance on companies’ whistleblower policies and relief to small not-for-profits
19-372MR Whistleblower policies required from 1 January 2020 for certain large and public companies
REP 635 Response to submissions on CP 321 Whistleblower policies (see 19-205MR)
ASIC Corporations (Whistleblower Policies) Instrument 2019/1146
Related information
Home > About ASIC > ASIC investigations and enforcement > Whistleblowing
REP 758 Good practices for handling whistleblower disclosures (see 23-046MR)