FOFA regulations

The Corporations Amendment Regulation 2012 (No. 10) was registered on 26 November 2012.

The regulation amends the Corporations Regulations 2001 to clarify the intended operation of the best interests obligation and the ban on conflicted remuneration and, exempt certain types of payments common to the stockbroking industry from the ban on conflicted remuneration.

The amendments will:
• allow an agent or employee of an Authorised Deposit-taking Institution (ADI) to take advantage of a reduced best interests obligation when providing personal advice on a combination of certain products;
• allow a provider of personal advice to take advantage of a reduced best interests obligation for personal advice on general insurance;
• prescribe that monetary benefits relating to certain life insurance products are not conflicted remuneration;
• prescribe that stamping fees (fees paid by or on behalf of an entity to a financial services licensee or representative for raising capital or debt on behalf of the entity) are not conflicted remuneration;
• prescribe that the payment of brokerage fees (transaction fees paid by clients to market participants for dealing in listed products on their behalf) to representatives is not conflicted remuneration;
• prescribe that a monetary benefit given by a retail client to a licensee or representative for the licensee or representative dealing in financial products on their behalf is not conflicted remuneration;
• prescribe that monetary or non-monetary benefits relating to general insurance are not conflicted remuneration;
• prescribe the circumstances in which a monetary or non-monetary benefit given to an agent or employee of an ADI with respect to a basic banking and general insurance product are not conflicted remuneration; and
• clarify that when an exempt benefit also relates to other activities, the benefit will still be exempt to the extent that the part of the benefit that relates to other activities would not be conflicted remuneration.

 

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