Article
Efficiently, honestly and fairly - AFSL services
The financial services provided by a licensee under an AFS licence should be delivered efficiently, honestly and fairly.
Holley Nethercote
- Article
Unconscionable conduct and sales incentives: ASIC v Select AFSL Pty Ltd (No 2)
Types of unconscionable conduct and guidance on how not to run sales incentive campaigns.Holley Nethercote - Article
Wholesale Client Eligibility – Sophisticated Investor and Individual Wealth Tests
Sophisticated investors are persons that an AFS licensee has determined to be experienced in using financial services.Holley Nethercote - Article
The GDPR and Australia
The GDPR is designed to protect the personal data of all EU citizens, regardless of where data is processed or stored.Holley Nethercote - Article
Who is in control? Changes of control to a licensed entity and your obligations.
AFSL holders & credit licensees have an obligation to determine whether there has been a change of control in their entity.Holley Nethercote - Article
RG 271 – Are you ready for the new Internal Dispute Resolution (IDR) requirements?
Financial firms need to ensure that they are ready to comply with the requirements of RG271 by 5 October 2021. Explanation here.Holley Nethercote - Article
Mission impossible? Cybersecurity and privacy for AFS licensees
Financial firms must improve cybersecurity to meet legal duties and protect against rising data breach risks.Holley Nethercote - Article
Product intervention for CFDs issuers and binary options has landed in Australia. Read our top 6 FAQs
This commentary only applies to Australian Financial Services Licence (AFSL) holders who issue CFDs to retail clients.Holley Nethercote - Article
How to score an A+ at your next licensee compliance audit
Discussion about common themes and learning points from licensee reviews conducted over the years.Holley Nethercote - Article
How to score an A+ at your next financial services licensee compliance audit
When did you sit your last exam? Remember the mixed feelings of anticipation and dread?Holley Nethercote - Article
I am a Responsible Manager. What does this mean?
Article discusses Responsible Managers, what they are, the framework in which they exist and what they need to know & do.Holley Nethercote - Article
How to write a shorter SoA (Statement of Advice) for clients: The power of pruning!
The SoA should provide clear, concise and effective information for clients to decide if your advice is right for them.Holley Nethercote - Article
ASIC cracks down on financial advisers and licensees
ASIC is following up on advisers who haven't yet completed the financial adviser exam.Holley Nethercote - Article
The dangers for AFSL holders of ignoring client vulnerability
When dealing with a vulnerable client, you should consider taking extra steps to ensure they are not disadvantaged.Holley Nethercote - Article
Christmas comes early for ASIC: unwrapping the gift of the Better Advice Act
The centerpiece of the Act is the appointment of the FSCP as the single disciplinary body for financial advisers.Holley Nethercote - Article
I am a Responsible Manager. What does this mean?
To better understand the role of RMs, you need to understand the framework in which they exist.Holley Nethercote - Article
Artificial Intelligence And Financial Services: What 2025 Taught Us
In this article, we recap some key AI moments in 2025 and take a deep dive into the intersection between AI, data breaches and scams.Holley Nethercote - Article
Essential things you should know about contracts
Even if you engage lawyers to draft or review your contracts, these are essential tips you should know about contracts.Holley Nethercote - Article
Ongoing fee arrangements – consent, consent, consent
New provisions relating to OFAs come into effect from 10 January 2025.Holley Nethercote - Article
High Court to provide clarity on the meanings of - Personal or General - financial product advice
This case shows the difficulty of providing general advice in one-on-on conversations, in a marketing or sales context.Holley Nethercote
