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If you are appointed to provide financial services on behalf of an australian financial service licensee, you must enter into an authorised representative (ar) agreement. In a recent decision, the federal court said a person did not need to hold an afs licence to ‘issue’ a financial product during a particular period where it was appropriately authorised to provide the relevant financial services on behalf of an afs licensee. Asic appealed the aspect of the decision regarding the ar agreement with pni, arguing the ar exemption created an “essential representative capacity requirement” requiring the ar to act as a representative of the afsl holder, including by acting on their behalf.
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An afs licensee may appoint ‘authorised representatives’ to provide specified financial services on its behalf In most cases, your particular circumstances must be taken into account when determining how the law applies to you. These authorised representatives may be
Individuals bodies corporate partnerships, or a group of individuals and/or bodies corporate that are the trustees of a trust.
Upon being appointed as an authorised representative, the authorised representative will do all things required to enable the prompt transfer to the licensee of the authorised representative’s existing brokered policies. This guide covers who can be an authorised representative, the appointment process & licensee obligations under afsl & asic rules. In asic v bps financial pty ltd, the full federal court has provided important clarification on the operation of the ‘authorised representative’ australian financial services licence exemption provisions. How representatives are authorised (1) a financial services licensee may give a person (the authorised representative) a written notice authorising the person, for the purposes of this chapter, to provide a specified financial service or financial services on behalf of the licensee.
It is possible to negotiate reasonable changes to the ar agreement to adjust your liability position You should ensure that your liability under the ar agreement will be limited to a specific amount, in the event that your insurance policies will not respond. Some provisions of the law referred to have exceptions or important qualifications
