Do you use a platform? You could be breaching the Best Interests Duty

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Recent guidance from the Australian Securities and Investments Commission (ASIC) confirms in no uncertain terms that the Best Interests Duty applies just as much, if not more, to platform recommendations

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Risky Business for Insurance Brokers

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Insurance brokers who are advising their corporate/commercial clients once a year have to pick up their act to avoid unwanted Professional Indemnity (PI) claims, according to Charmian Holmes, Solicitor Director

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The Fold: Helping Advisers Get on with FoFA Business

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As the start of the Future of Financial Advice (FoFA) reforms races towards us at headlong speed, there is an upswing in the number of advisers working on changes to

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Advisers personally liable for breaches of Best Interests Duty

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Employed advisers who are authorised representatives can be held personally liable for serious breaches of the Best Interests Duty and may face up to $200,000 in fines once Future of

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ASIC Guidance on asset-based fees a step too far

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  Part of ASIC’s guidance on conflicted remuneration has been taken a step too far, according to Claire Wivell Plater, managing director of The Fold. “Under the new guidance, if

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ASIC breaches: when to hold and when to fold

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Working with ASIC after a breach may be a better, quicker way for financial services business to get back on track than ‘lawyering up’, according to Dr Hillary Ray, Senior

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Asset based fees – can you charge them?

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Advisers may need to rethink how they charge for advice under the Conflicts Priority Rule in Regulatory Guide 175 (RG175) as asset-based fees have the potential to create just as

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A frank launch for The Fold website

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Can dealer groups retain volume bonuses under FOFA? Do you need to be a mind reader to figure out what ASIC wants in terms of Codes of Conduct? Can you

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Hillary Ray comes into The Fold

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The Fold Legal (The Fold) is delighted to announce the appointment of Hillary Ray who joined the team in the capacity of Senior Lawyer this week. “Hillary is joining us

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