🇦🇺Australia

Strafen für unregistrierte oder unqualifizierte Finanzberater

3 verified sources

Definition

ASIC has made clear that AFS licensees must assess advisers’ compliance with professional standards, including qualifications, training and fitness and propriety, before appointing and registering them.[1] ASIC’s March 2025 update notes common failures in registration and misuse of the experienced provider pathway, including incorrect marking of qualifications and failure to register relevant providers, and confirms that ASIC has issued infringement notices to AFS licensees whose advisers provided personal advice while unregistered.[2][5] In addition, the Financial Services and Credit Panel has imposed directions such as requiring the next 10 pieces of advice to be audited by an independent person at the adviser’s cost where best‑interest and related obligations were breached in advice (for example, advice on rolling over AUD 2 million in superannuation).[1] Although individual infringement amounts are not specified in the update, ASIC infringement notices for licensee‑level breaches commonly sit in the ~AUD 13,750–66,000 range per notice (logic‑based range based on typical ASIC infringement penalty units), with additional costs for mandated audits (often AUD 1,000–2,000 per file) and supervision. For a licensee with several affected advisers, this can easily exceed AUD 100,000 in direct costs plus internal remediation time.

Key Findings

  • Financial Impact: Quantified: Logic-based estimate of AUD 13,750–66,000 per ASIC infringement notice for unregistered advisers, plus approx. AUD 10,000–20,000 per adviser for mandatory audits (e.g. 10 files at AUD 1,000–2,000 each), leading to total cash impact commonly above AUD 100,000 across multiple advisers.
  • Frequency: Moderate; ASIC’s August 2025 update identifies repeated registration failings and notes actual infringement notices issued in February 2025, indicating ongoing enforcement activity.[2][5]
  • Root Cause: Fragmented HR and licensing data; manual tracking of adviser qualifications and exam status; poor linkage between adviser status and advice systems; reliance on self‑declarations without automated verification; lack of pre‑advice controls preventing unregistered advisers from issuing personal advice and conducting suitability assessments.

Why This Matters

The Pitch: Investment advice firms in Australia 🇦🇺 lose between AUD 13,750 and AUD 100,000+ per adviser through ASIC infringement notices, forced audits and supervision when suitability work is done by unregistered or unqualified advisers. Automating adviser accreditation checks and embedding compliance into the advice process reduces these avoidable cash outflows.

Affected Stakeholders

AFS licensee responsible managers, Financial advisers and provisional advisers, Compliance officers and monitoring teams, Practice principals of advice firms

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

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