안녕하세요.

아래 내용은 Office of MARA 라고 해서 이민법무사 등록기관에서 이민법무사들에게 단체로 보낸 메일입니다. 내용인즉 financial advice 는 자격증이 있는 financial manager가 advice를 해야지 그렇지 않으면 불법이라는 말입니다.

이는 마치 migraton law 관련하여 advice는 이민법무사 라고 해서 RMA (Registered Migration Aagent)가 해야지 일반인 또는 RMA로 등록이 안된 사람이 하면 이는 불법으로 징역 형이나 벌금형이 있답니다.

같은 이치로 아무나 financial advice를 해서는 안된다는 것으로 주의를 주는 메일이 보내진 것입니다.

그러니 저한테는 financial advice는 묻지 마세요 ^.^

감사합니다.

Soonchul Shin
RMA (0208335)

www.hojuemin.com

————- 아래 내용은 Office of MARA 에서 온 메일 내용 ——–

Dear Registered Migration Agent

Referring clients to managed fund products

The Australian Securities and Investments Commission (ASIC) has advised the Department of Home Affairs that it holds concerns arising from Significant Investor Visa (SIV) applicants being referred to particular managed fund products when being provided with immigration assistance.

In particular, ASIC is concerned that some conduct involved in these referrals may have contravened the financial services provisions of the Corporations Act 2001 (the Act). ASIC is concerned that, where a registered migration agent (RMA) or Australian legal practitioner refers a SIV applicant to a managed fund product, the referral might involve the RMA or Australian legal practitioner providing financial product advice (please refer to the next paragraph for the definition) under the Act.

Giving a recommendation or a statement of opinion, or a report of either of those things, constitutes financial product advice under section 766B of the Act, if it is intended to influence a person or persons in making a decision about a particular financial product or class of financial products, or an interest in a particular financial product or class of financial products, or could reasonably be regarded as being intended to have such an influence.

Unless an exemption applies, a person cannot provide financial product advice unless the person holds an Australian Financial Services (AFS) licence that authorises them to provide financial product advice. Referring a client to a person for the purposes of the person providing the client with financial product advice is itself providing financial product advice.

Permitted exceptions are set out in Regulation 7.6.01(1)(e) of the Corporations Regulations 2001 (the Regulations). ASIC advises that RMAs and Australian legal practitioners who refer a client to a financial adviser for the provision of a financial service may be exempt under Regulation 7.6.01(1)(e) of the Regulations from the requirement to hold an AFS licence. In order to rely on this exemption, you must:

• only refer SIV applicants to the fund manager and that referral consists only of:
  • informing your client that the fund manager, who must be an AFS licence holder, is able to provide a particular financial service; and
  • giving your client information about how to contact the fund manager
• avoid representations regarding the quality of the services the fund manager can provide
• disclose any benefits/commissions that you receive directly or indirectly from the fund manager for making the referral.

SIV applicants have been victims of serious financial fraud in Australia. ASIC recommends that you encourage SIV applicants to seek independent financial advice and, as far as possible, that you refer SIV applicants only to fund managers with robust risk and governance frameworks.

ASIC will continue to monitor compliance in this area and will take regulatory action where appropriate. Individuals who give unlicensed financial advice commit a criminal offence and can be subjected to a maximum of five years imprisonment and/or a fine of up to $133,200 (600 penalty units). For corporations the penalties are up to $1.33 million (6,000 penalty units). There are also civil penalties for carrying on an unlicensed financial services business: up to the greater of $1.11 million (5,000 penalty units) or three times the benefit obtained and detriment avoided for an individual; or the greater of $11.1 million (50,000 penalty units), three times the benefit obtained or detriment avoided, or 10% of annual turnover (capped at 2.5 million penalty units) for a body corporate.

You can report unlicensed financial activity to ASIC through https://asic.gov.au/complain

If you have any questions, you can contact ASIC on 1300 300 630 or by asking a question online.

Regards

***
Director, Office of the Migration Agents Registration Authority
Immigration Integrity and Assurance Branch
Department of Home Affairs