ASIC noted concerns about Austplan’s ability to do all things necessary to ensure the advice provided by its representatives was compliant.
It said 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).
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 and its membership of Australian Financial Complaints Authority (AFCA) until all consumer complaints have been resolved, ASIC said.
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 said it is continuing to make inquiries in relation to the advice provided.
Further, Austplan also received client referrals from GM Homes, a building and mortgage business, which is not licensed to provide financial advice or any other financial service.
“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,” said ASIC deputy chair Peter Kell.
“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.”
