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Promoted by Connexus Solutions

Following the latest rollout of regulatory changes, how prepared are you to
navigate these changes and what do you need to do to future proof your practice?

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Having endured ‘Red October,’ which some are referring to as the implementation
month of further regulatory change, how have you met your obligations and client
protection governing principles?

Advice practices are now having to manage new design and distribution laws,
formally identify their target market of consumers and ensure the products they
recommend are suitable for that target market. 

How prepared is your business to start implementing the changes?

Whether you’re an authorised representative under a corporate licensee or hold
your own AFSL, you need to have a plan to address the new requirements.

At Connexus Solutions, we have approached this in a pre-emptive and proactive
manner and have positioned our Connexus Club members with some best practice
frameworks to implement. For those that don’t currently have inhouse guidance,
here are some valuable steps to consider:

How to navigate the Design and Distribution Obligations (DDO)

If you are engaging in retail product distribution you must understand and
comply with the DDO obligations for distributors of financial products. At a
business level you should identify which products are subject to the DDOs and
ensure you have received a Target Market Determination (TMD) for each product.

Advisers should understand the overall obligations on distributors and in
particular:

 * The obligation to take ‘reasonable steps’ to result in distribution that is
   consistent with the TMD when providing general advice or execution only
   services; and
 * That ASIC expects personal advice providers to consider the ‘TMD’ as a part
   of the BID (even though personal advice is excluded conduct).

When you receive TMDs, you should review these carefully and engage with product
issuers to ensure you understand the ‘target market’ and identify the specific
reporting requirements and timelines for reporting. 

Most firms are keeping a spreadsheet to record and monitor the different
reporting deadlines for each product on their APL. As part of this tracking, you
should also ensure complaints are being monitored to identify any ‘significant
dealings’ outside the target market.

The greatest impact of DDO is on execution only and general advice. We have seen
firms making the call to no longer provide execution only services on financial
products outside of ordinary shares, as a result of these changes.

Advisers have also built DDO into their personal advice processes, and whenever
a complaint is received, the firm will need to ensure they determine whether the
complaint needs to be reported to the product issuer.

How do you know if you have implemented Fee Disclosure Statements (FDS)
correctly?

A key priority is to ensure all clients are on your most up to date ongoing
fee/services agreement – our advice is to clean up legacy arrangements.

Ensure you are very clear on the services you have promised to clients so these
can be reported against. You have until 30 June 2022 to issue clients with the
new enhanced FDS (noting any FDS issued during the transition period needs to
cover the period up to the date before the FDS is given to the client).

The new breach reporting regime - are you prepared?

We have seen an increased focus on ensuring advice practices have compliant
processes and systems, and they are automating as much as they can where
possible.

The aim is that reportable situations will only arise from a departure of the
approved process rather than having non-compliant templates or processes leading
to multiple reportable situations. Firms are also building systems to collect
and store required data about advisers so that they’re ready to share this data
when requested under the new reference checking and information protocol.

Can you really future proof your advice practice following the October
regulatory changes?

We think you can.

With the right team around you, best practice templates, processes and
frameworks, you have the opportunity to meet the requirements and still keep
your business running efficiently. We don’t recommend trying to navigate it
alone.

Why join Connexus Solutions?

We know that navigating any compliance changes introduced by ASIC can be
confusing and daunting. Especially, when you don’t have the guidance of a large
licensee.

By being a Club member of Connexus Solutions, we provide you with the best
possible information and guidance. Through our strategic partners, we guide you
through the maze of regulatory change, so that you can feel confident you have
the right framework in place. 

If you’re looking for a partner to help you run your AFSL, and enjoy the benefit
of a community of like-minded peers, then reach out to us to learn more about
what we’re doing.

If you’re looking for a partner to help y run your AFSL, and enjoy the benefit
of a community of like-minded peers, then reach out to us to learn more about
what we’re doing.


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PARTNER FEATURES

sponsored by Mark Stephen, Managing Director - Connexus Solutions


CAN YOU REALLY FUTURE PROOF YOUR ADVICE PRACTICE FOLLOWING THE LATEST REGULATORY
CHANGES?

Promoted by Connexus Solutions Following the latest rollout of regulatory
changes, how prepared are you to navigate these changes and what do you ...

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CAN YOU REALLY FUTURE PROOF YOUR ADVICE PRACTICE FOLLOWING THE LATEST REGULATORY
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