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Compliance

ASIC issues notice to AFSL holders

by James Mitchell10 minute read
ASIC

The corporate regulator has flagged high levels of non-compliant Australian financial services licensees when it comes to lodging their annual financial statements and auditor reports.

In a statement, the corporate watchdog said it expects all Australian financial services (AFS) licensees to comply with the financial reporting requirements within the specified time frame.

“Body corporate AFS licensees that are not disclosing entities, and have a financial year ending 30 June, are required to lodge their financial accounts by 31 October 2019. Limited AFS licensees that do not deal with client money must lodge an annual compliance certificate along with a profit and loss statement and a balance sheet each financial year, also by 31 October 2019,” the regulator said. 

AFS licensees that fail to meet their obligations before the due date risk regulatory consequences.

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ASIC commissioner Sean Hughes said timely lodgement of financial statements and auditor reports with ASIC demonstrates an AFS licensee’s capacity to comply with financial services laws.

“Yet, we have observed a high rate of non-compliance – a number of licensees seem to be waiting for reminders from ASIC to adhere to this ongoing legal requirement,” he said. 

“ASIC considers this an indicator of a poor compliance culture. We expect AFS licensees to have adequate policies and procedures in place to ensure they are able to meet their financial reporting obligations. ASIC is continuing to pursue AFS licensees who don’t comply and where appropriate, we will consider taking action to suspend or cancel a licence.”

ASIC has previously contacted a number of AFS licensees that have not met their annual financial reporting requirements and where appropriate, taken action to ensure compliance with the law. Since October 2016, ASIC has suspended nine AFS licences and cancelled 22 AFS licences for failing to lodge their annual financial statements and auditor reports.

[Related: ASIC calls for stronger protections in banking code]

 

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James Mitchell

AUTHOR

James Mitchell has over eight years’ experience as a financial reporter and is the editor of Wealth and Wellness at Momentum Media.

He has a sound pedigree to cover the business of mortgages and the converging financial services sector having reported for leading finance titles InvestorDaily, InvestorWeekly, Accountants Daily, ifa, Mortgage Business, Residential Property Manager, Real Estate Business, SMSF Adviser, Smart Property Investment, and The Adviser.

He has also been published in The Daily Telegraph and contributed online to FST Media and Mergermarket, part of the Financial Times Group.

James holds a BA (Hons) in English Literature and an MA in Journalism.

 

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