The corporate regulator has announced a review of compliance with requirements for fee disclosure statements and renewal notices in the advice sector.
In a statement, ASIC said it has received a number of breach reports from licensees that indicate they may have failed to comply with the fee disclosure statement (FDS) and renewal notice requirements that were implemented as part of the Future of Financial Advice (FOFA) reforms in 2013.
As a result, it said it is investigating these reports and will take enforcement action where breaches are substantiated.
“In addition to investigating these particular instances, the volume and range of breach reports indicates a significant risk of systemic non-compliance,” ASIC said.
“Therefore, ASIC will undertake a project that will test compliance with FDS and renewal notice requirements across the industry.”
ASIC said it will examine to what extent advice licensees:
Further, ASIC said its ongoing work on fee for no service failings in the advice industry has highlighted the importance of FDSs and renewal notices, which were designed to assist in mitigating future fee for no service failings by:
ASIC said it will test compliance with these obligations across a range of small and large licensees and will provide our findings in 2019.
Currently, it is investigating substantial breaches of these obligations with a view to taking enforcement action.
ASIC is also supervising remediation programs, which require licensees who reported failures to issue compliant FDSs to customers and/or refund and compensate customers for the ongoing service fees charged.
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