ASIC cancels licence of securities adviser


The Australian Securities and Investments Commission (ASIC) has cancelled the licence of a securities, derivatives and foreign exchange contracts adviser who had previously been subject to an enforceable undertaking.
ASIC cancelled the Australian financial services licence (AFSL) of AIE Fiduciary Services after the latter had applied for the cancellation.
ASIC had raised concerns regarding the management of AIE and its compliance with its AFSL obligations, particularly the monitoring and supervision of certain authorised representatives.
Last month the regulator had accepted an enforceable undertaking from a former director of AIE Fiduciary Services, Manish Babulal Jani, restricting him from managing a corporation for five years and having any involvement in financial services for two years.
At the time ASIC stated that Jani, who was a director from 18 April 2013 to 8 November 2013, had failed to uphold the obligations expected of him as the director of an AFSL.
ASIC stated that Jani failed to ensure that AIE carried out its obligations as an AFS licensee, to adequately supervise its authorised representatives, and to ensure its authorised representatives were adequately trained and competent to provide financial services.
It also stated that AIE had not met its statutory obligations, maintained proper books of account and was not solvent when company debts were incurred.
Recommended for you
With wealth management M&A appetite only growing stronger, Business Health has outlined the major considerations for buyers and sellers to prevent unintended misalignment between the parties.
Industry body SIAA has said the falling number of financial advisers in Australia is a key issue impacting the attractiveness and investor participation of both public and private markets.
As advisers risk losing two-thirds of FUA during the $3.5 trillion wealth transfer, two co-founders underscore why fostering trust with the next generation is vital to retaining intergenerational wealth.
As advisers seek greater insights into FSCP determinations, what are the various options considered by the panel and can a decision be appealed?