Melbourne adviser accepts enforceable undertaking for non-consent transfers

enforceable-undertaking/ASIC/compliance/director/australian-securities-and-investments-commission/

24 September 2013
| By Staff |
image
image image
expand image

The Australian Securities and Investments Commission (ASIC) has accepted an enforceable undertaking (EU) from the director of a Melbourne based financial services provider which requires the director to stand down and relinquish his status as an authorised representative.

ASIC accepted the EU from Lotus Securities Limited director James Thomas Banfield, of Vermont South, Victoria which will prevent him from providing financial services for four years.

The EU follows an ASIC investigation that found that between August to September 2012 Banfield submitted adviser transfer forms to Netwealth on behalf of client consenting to a transfer from Wealthsure to Lotus Securities. ASIC stated that the clients had not consented to the transfer.

As a result of these actions Banfield agreed to step down as director, responsible manager and authorised representative of Lotus Securities and to have no contact with any clients of an Australian Financial Services Licensee or their authorised representative in relation to providing financial services to clients.

Banfield would also not complete, submit or lodge client documentation which involves client authority, client money, powers of attorney and application forms and will complete a recognised ethics course within 12 months.

Read more about:

AUTHOR

Recommended for you

sub-bgsidebar subscription

Never miss the latest news and developments in wealth management industry

MARKET INSIGHTS

The succession dilemma is more than just a matter of commitments.This isn’t simply about younger vs. older advisers. It’...

1 month 4 weeks ago

Significant ethical issues there. If a relationship is in the process of breaking down then both parties are likely to b...

2 months 3 weeks ago

It's not licensees not putting them on, it's small businesses (that are licensed) that cannot afford to put them on. The...

2 months 4 weeks ago

ASIC has canceled the AFSL of Sydney-based asset consultant and research firm....

4 weeks ago

ASIC has banned a Melbourne-based financial adviser for eight years over false and misleading statements regarding clients’ superannuation investments....

2 weeks 1 day ago

BlackRock Australia plans to launch a Bitcoin ETF later this month, wrapping the firm’s US-listed version which is US$85 billion in size....

2 days 3 hours ago

TOP PERFORMING FUNDS

ACS FIXED INT - AUSTRALIA/GLOBAL BOND
moneymanagement logo