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Stockbrokers/Securities Dealers

 
Appropriate AFSL for stockbrokers and securities advisers/dealers?

A specific authorisation in your AFSL will be required for those who provide advice or deal in securities products, and depending on your activities, you may also require incidental authorisations for dealing in derivatives and foreign exchange products.

What is the process for applying for an AFSL?

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 Officers;

3. Lodgement of the following proofs (together with supporting documentation) with the initial application:

  • A5 Business Description
  • People proof for each nominated Responsible Officer (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 Officers
  • 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
  • C3 Market Maker Statement
  • C4 Derivatives Statement
  • C5 Foreign Exchange Operating Statement

5. Preparation of requisite documentation, including:

  • Client Agreement;
  • Transaction confirmation documentation;
  • Financial Services Guide; and
  • Statement of Advice (or related documentation).

What can Block Legal & Compliance do for stockbrokers and securities advisers/dealers?

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 and Boards regarding the process and applicable legal/regulatory requirements, including ASX Operating Rules for ASX Participants;

6. provide specialised assistance in key areas such as drafting of Client Agreements and Statements of Advice;

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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