Appropriate
AFSL
for
Horse
Racing
syndicate
providers?
A
specific
Horse
Racing
syndicate
operation
authorisation
in
your
AFSL
will
be
required
for
those
who
offer
or
promote
horse
racing
syndicates
to
retail
clients.
Depending
on
the
ambit
of
your
horse
racing
syndicate
operation,
you
will
need
to
comply
with
the
following
requirements:
- be
a
public
company;
- enter
into
an
approved
deed;
- appoint
an
approved
trustee
or
representative;
and
- lodge
and
register
a
prospectus
(PDS)
with
ASIC.
Alternately,
if
you
fall
within
(and
comply
with)
the
exemption
conditions
imposed
pursuant
to
co-regulation
by
a
Lead
Regulator
(one
of
several
authorised
racing
bodies),
the
above
conditions
will
not
apply.
What
is
the
process
for
applying
for
an
AFSL
–
authorisation
in
operating
a
horse
racing
syndicate?
1. Lodgment
of
the
electronic
application
on-line
with
ASIC
(hard
copy
and
proofs
to
be
lodged
within
20
days
of
finalising
on-line
application);
2. Nomination
of
appropriately
experienced
and
skilled
Responsible
Managers;
3. Lodgement
of
the
following
proofs
(together
with
supporting
documentation)
with
the
initial
application:
- A5
Business
Description
- People
proof
for
each
nominated
Responsible
Manager
(this
comprises
the
2
business
references,
police
check,
insolvency
check
and
the
Statement
of
Personal
Information)
- B1
Organisational
Expertise
Table
- B5
Financial
Resources
(together
with
financial
statements)
4. Lodgement
of
some
or
all
of
the
following
statements
(‘proofs’)
within
10
business
days
of
a
specific
request
by
ASIC,
together
with
supporting
documentation
(evidence,
policies
&
procedure
manual,
certain
disclosure
documentation
etc):
- B2
Development
Program
for
Responsible
Managers
- B2
Industry
Standards
Compliance
- B3
Compliance
Arrangements
- B3
Outsourcing
Statement
- B3
Conflicts
of
Interest
Arrangements
- B4
Program
for
monitoring,
supervision
and
training
of
Representatives
- B5
Human
Resources
Capacity
Statement
- B5
Information
Technology
Capacity
Statement
- B6
Dispute
Resolution
System
Statement
- B7
Risk
Management
System
Statement
- B8
Compensation
Capacity
Statement
- B9
Research
Statement
- C6
Horse
Racing
Syndicate
Statement
5. Preparation
of
requisite
documentation,
including:
- Product
Disclosure
Statement;
Procedures
for
compliance
with
ASIC
Regulatory Guide 91,
and
with
Lead
Regulator,
requirements.
-
Financial
Services
Guide.
What
can
Block
Legal
&
Compliance
do
for
Horse
Racing
Syndicate
promoters?
1. advise
you
regarding
ASIC
requirements
and
the
appropriate
authorisations
to
obtain;
2. project
manage
or
review
your
AFSL
Application
or
Variation;
3. draft
policies
and
procedures
(including
comprehensive
Compliance
Manual)
and/or
application
proofs;
4. liaise
with
ASIC
to
finalise
your
AFSL
application
or
variation;
5. provide
training
and
workshops
to
staff
regarding
the
process
and
applicable
legal/regulatory
requirements;
6. provide
specialised
assistance
in
key
areas
such
as
drafting
of
Lead
Regulator
compliance
documentation,
and
specialised
disclosure
documentation;
7. review
and
advise
regarding
marketing
materials
and
website
disclosures;
8. provide
implementation
advice
and
guidance
once
AFSL
is
obtained;
and
9. provide
ongoing
compliance
oversight
and
reviews,
and
training,
once
AFSL
has
been
granted/varied.
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